County Forced to Expand Affordable Housing Efforts to Low Minority Communities

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WPCNR COUNTY CLARION-LEDGER. From Westchester County Department of Communications. August 10,  2009 (EDITED) UPDATED (ITALICS) August 11, 2009 1:15 P.M. E.D.T.: Westchester County under terms of a settlement with the Department of Housing and Urban Development of a case brought by the Anti-Discrimination Center of Metro New York,  will now build affordable housing in communities with very small minority populations. The settlement is being announced jointly by HUD and County Executive Andrew Spano at a news conference at noon today.


Under terms of the agreement announced today:


·        The county will pay to the federal government $21.6 million dollars, which the government will then return to the county’s HUD account to be used to build fair and affordable housing in communities with less than 3 percent African American population and 7 percent Hispanic population as well as in specified census blocks. An additional $8.4 million will be paid to the federal government (of which approximately 20 percent will go to ADC) and $2.5 million will be paid directly to ADC’s counsel.


 


Donna Greene Director of Communictions for Westchester County, confirmed to WPCNR  Tuesday that the affordable housing income levels for eligibility for rental and home ownership government-built affordable housing are based on Westchester County Average Median Family Income (not the median income of the community where such affordable housing would be built or acquired).  The Westchester County 2009 median income is presently $105,000 a year for a Family of Four. She said, for rental housing income eligibility for a family of four  would be 65% of median income ( $63,180) and for home ownership eligibility for affordable home units, it is 80% ($84,200). Greene said the process and guidelines and procedures  have yet to be determined, and the county will be working with the HUD-appointed monitor to implement the program.


For a complete explanation of the income guidelines by family situation , go to http://www.westchestergov.com/pdfs/HOUSING_HUD_IncomeRentLimits.pdf


·


      Additionally, the county will add to its capital budget $30 million to build fair and affordable housing developments over seven years. (This is nothing new since the county has traditionally set aside millions of dollars to build housing. What is different is the locations where the housing must be built) Long-term bonds will be issued as developments proceed. 
            The agreement specifies in detail how many units must be built but, the federal government recognizing that the county does not control local zoning, has left it up to a monitor to lower the number of units or give the county more flexibility as to the time period and location. Much of the development depends on the county getting state funding and local inclusionary zoning regulations.


 


            Faced with the threat of losing a $180 million lawsuit filed by the Anti-Discrimination Center of Metro New York as well as the possibility of being cut off from another $30 million in federal housing aid annually, Westchester has agreed to build this housing as part of a settlement with the federal government, which intervened in the case at the county’s request.


 By settling with the federal government, the county admits no wrong doing and avoids the possibility of a tremendous penalty – including $50 million that would have gone to the Anti Discrimination Center of Metro New York, if the case were lost. Under the settlement with the federal government, that money will instead stay in Westchester and be used to build more fair and affordable housing here.


The settlement is based on HUD’s new focus to ensure that all recipients of their funds implement methods to affirmatively further fair and affordable housing to ensure non-discrimination in its programs. In Westchester this means building housing in areas with few or no minorities. HUD’s new philosophy will have a sweeping effect on communities nationwide that will now have to document and make major efforts to analyze race as an impediment to fair housing and to take steps to reduce housing discrimination so that all communities are open to everyone.


         The settlement has been signed by County Executive Andy Spano and will be sent to the Westchester County Board of Legislators for approval.
    
     “We have always been committed to fair and affordable housing, and believe we have lived up to HUD’s guidelines,” said Spano. “We have worked zealously to develop and preserve these housing opportunities throughout the county. We have been considered a model program. Never has HUD denied our funding and we have been identified for best management practices. Then out of the blue comes this lawsuit. The first of its kind anywhere in the United States, it was brought by ADC who wanted to use Westchester as a test case. What they stood to gain was $50 million of county money (out of the $180 million to the federal government) to pay themselves, their lawyers and to promote their agenda to continue filing these kinds of lawsuits throughout the nation. We wanted to make sure that this sum did not go to them, but that it instead be used to build fair and affordable housing here in Westchester. Therefore we asked the federal government to intervene.”


           The case focuses on HUD’s Community Development Block Grant Program administered by the county’s planning department, which gives millions of dollars annually to communities and agencies to create, among other things, fair and affordable housing.


         ADC, a housing advocacy group, in its lawsuit filed against the county in April 2006 seized on a technicality in the law that required Westchester to certify to HUD that it not only considered race as an impediment to fair and affordable housing, but document it in an analysis of impediments.  
          Despite the fact that the county believes it did nothing wrong, Spano said his administration and the federal government worked out a settlement to avoid the delay, expense and the uncertainly of protracted litigation that would penalize the county.


He said that the county had reasonably believed that it was meeting the requirements of providing fair and affordable housing, because it has given such high priority to the construction, rehabilitation and preservation of affordable housing and that before the ADC lawsuit, HUD had never rejected or disapproved of its plans.


 “The county has for many years considered the impact of race on affordable housing, and the county administration has acted in the way that it determined could best assure the construction of new housing in areas where the people wanted to live,’’ said Spano.


He added, “While this lawsuit is something neither we nor any other county could expect, the ultimate result is that we will continue our ongoing, important effort to develop and affirmatively promote fair affordable housing in this county.” 


           “Although the settlement does not allow us to spend any of this funding on fair and affordable housing in urban areas, we are committed to continuing this effort and will do so with county capital funds that have already been set aside,’’ said Spano.  


                       Since 1998, Westchester County government has helped construct fair and affordable housing through a variety of programs. To date, a total of 1,704 units of housing has been built – including 1,370 affordable rental units and 334 affordable owner units. The funds from HUD that went towards building fair and affordable housing amount to almost $50.2 million from several programs.


                        These units were built in Bedford, Croton, Elmsford, Greenburgh, Hastings, Irvington, Mamaroneck Village, Mount Vernon, New Rochelle, North Salem, New Castle, Ossining Village, Port Chester, Peekskill, Pleasantville, Pound Ridge, Rye Brook, Rye City, Sleepy Hollow, Tarrytown, Tuckahoe, White Plains, Yonkers and Yorktown.

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City, Firefighters Agree on 2005 Transit Strike Arbitrator. Await City Counsel

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WPCNR POLICE GAZETTE. By John F. Bailey. August 7,2009: The Mayor’s Office reported to WPCNR Thursday the appointment of Alan R. Viani, one of the three mediators whose efforts ended the 2005 New York City Transit Strike, has been mutually agreed on with the White Plains Firefighters union to arbitrate the impasse between the union and the city. Currently, the city and the union are in dispute over the amount of raise the firefighters will receive for two years 2009-2010 and 2010-2011. The wage agreement the firefighters reach is expected to set the bar for the other three city unions: police, CSEA and Teamsters.


 



Alan R. Viani, Mediator of the 2005 Subway Strike Settlement, Named Arbitrator in White Plains Fire Union Binding Arbitration. Photo from SEIU News Letter.


 


 Previously the police and fire unions had agreed on work rule changes going forward, but the Common Council rejected the 3.75%  raise for the first year of the contract, followed by 4%  which the Mayor’s Office  had negotiated. Afterwards both parties agreed to private binding arbitration


 


Joseph Carrier, President of the Firefighters union confirmed Wednesday that the city and the union had agreed on who the Moderator would be. Thursday, Melissa Lopez, spokesperson for the Mayor’s Office identified Mr. Viani as the arbitrator who will listen to the arguments of both sides, and draw up a settlement.


 


 


Carrier said that proceedings are not expected to get underway for at least two weeks because the Common Council Monday evening tabled a resolution to appoint the firm of Lamb & Barnosky at a fee of $108,000 to represent the city in the negotiations. Councilman Tom Roach introduced the motion to table because he wanted to interview the firm. It is presumed the Council will act on the appointment August 27.


 


Mr. Viani has had a career of 35 years in labor negotiation, collective bargaining, arbitration, mediation and fact-finding according to his resume. .He was previously Deputy Chairman, Dispute Resolution, New York City Office of Collective  Bargaining.


 


He was former Director of Research & Negotiations for District 37 of the American Federation of State,County and Municipal Employees, built up by the well-known labor leader, the late Victor Gotbaum.  Viani took over as the union chief negotiator in 1973.


 


He is a member of the American Arbitration Association, National Academy of Arbitrators, Association for Conflict Resolution, Industrial Relations Research Association and the Society of Labor Relations Professionals.


 


He is known for being one of the three mediators (Mr. Viani, Richard Curreri and Martin Scheineman)  who negotiated a return to work by the New York City Transit Workers Union in December of 2005, when the union went on strike halting subway and bus service in Manhattan over the MTA’s effort to curtail pension payouts. Viani,Curreri and Scheineman shuttled between MTA, the city, and the Transit Workers establishing ground rules to get a return to work, and  that achieved, a settlement requiring the union to pay more for health care benefits, with pensions left intact was reached.


 


Viani is Chair of Local 726, Amalgamated Transit Union and Metropolitan Transit Authortiy, NYC Transit; Chair of American Maritime Officers and Deep Sea Operators; Chair of the League of Voluntary Hospitals and SEIU, Local 1199, National Health Care Union – Health and Welfare Benefiuts; Chair, Uniformed Firefighters Association and City of New York; and Impartial Hearing Officer of the Westchester County and Westchester County Correction Officers Benevolent Assocaition. This according to a resume of Mr.Viani circulating on the internet. The resume lists Mr.Viani’s fee as $1,200 per day.


 


Both Councilpersons Rita Malmud and Benjamin Boykin, contacted last night said the first time they had heard of Mr.Viani’s appointment was when WPCNR informed them of it.


 


WPCNR asked Rita Malmud if the Common Council  could refuse to go to binding arbitration and give the Mayor suggestions to resolve thedispute. I also asked Malmud if the Council had been asked by the Mayor to approve the Binding Arbitration, and Malmud indicated he had not.    I also asked Ms. Malmud if the council could refuse the agreement if the council had not been consulted.


 


Malmud in a statement said No, on all  three counts:


 


No to all three questions.  Only the Mayor has the authority to bring the City to binding arbitration; the Common Council does NOT have that authority.


 


 Earlier Mrs. Malmud lamented the labor situation the city faces in this statement:


 


You are correct that the binding union arbitration over salary increases is a very important matter.  After the Common Council rejected unaffordable salary increases of 3.75 and 4%, the Mayor (without any Common Council communication or involvement) voluntarily placed the City into binding arbitration.  I regret that the Mayor does not see fit to offer any information on his selection of arbitrator to thecCommon Council, the press, or the public.


 


Subsequently, city hall named Mr. Viani as the arbitrator to WPCNR.


 


Mr. Carrier, of the Firefighters Union, said his union was willing to negotiate even while the binding arbitration process was taking place.


 


Previously, in the White Plains Teachers and School District wage dispute, a settlement was reached in June before the fact-finding phase of mediation (being conducted under the auspices by the New York State Public Employees Relations Board)


 


 

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Louis Cappelli Home On Road to Full Recovery.Tells His Aneurysm Story.

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WPCNR MAIN STREET JOURNAL. John Bailey Interviews Louis Cappelli at home.  (C) 2009, White Plains CitizeNetReporter. All rights reserved. August 5, 2009: The only inkling Valhalla’s Louis Cappelli had  he was suffering from a brain aneurysm  in progress was a persistent headache for 72 hours prior to his being hospitalized when the aneurysm burst July 20. He was operated on for eight hours for the condition at Columbia Presbyterian Hospital July 21.  Wednesday evening, Mr. Cappelli recounted the story of what happened to him to WPCNR.


 



Louis Cappelli of White Plains and Valhalla in April. The man who created the City Center, the Ritz Carlton Westchester, New Roc City has returned home and shares this personal account of his experience.


 


He never lost consciousness prior to going in for his operation.


 


At 6:30 P.M. Wednesday evening  Louis Cappelli, thoughtful, clear of voice, and philosophical, sensitively  told his story to WPCNR of his brush with fate  in a  25-minute telephone call from his home.


 


Mr. Cappelli said he is being monitored every two hours for his blood pressure and with various technological “windows”  because he is considered  still at risk for a stroke. He told WPCNR he is hopeful of returning to his offices in White Plains next week  and that his company had managed terrifically without him.  The WPCNR-dubbed “Super Developer,” told an emotional, thoughtful narrative to WPCNR — the story of how his life changed forever just 20 days ago in an interview from his home tonight.


 


WPCNR: What are your feelings on weathering this horrible thing?


 



 


Louis Cappelli: “John Bailey. It’s good to hear your voice. Did you ever think that the new and improved  me would ever say that? I’ve had complete reconstructive brain surgery and here I am, just the same old Louis. There you go. That’s great news.


 


WPCNR: Do you feel comfortable talking about this?


 


L.C.: Of course.


 


WPCNR: Was there any inkling this was about to happen to you?


 


L.C.: No. None. My advice for anyone out there today, don’t ignore any signs that your body gives you. My signs were just a simple nagging headache that was unusual for me because I don’t get headaches. Two weeks ago, maybe three weeks ago, maybe Friday (July 17), I started in Long Island having a few nagging, throbbing, aching headaches, no migraines. Nothing that would disable me or immobilize me, almost  like you drink a little too much white wine in the afternoon, you know, John? Sort a dehydrating type feeling in your head, maybe you need a little more water,kind of throbbing. So I had it on Friday night.


 


          I took a few Advil. I didn’t think much of it. Saturday it persisted. I had a little fever, 99 degrees, 100 degrees, nothing to worry about, chills here and there. Sunday it was still with me in more of  just a nagging way.


 


WPCNR: A 72 hour headache?


 


L.C.:  Yeah.


          Then Monday morning (July 20) as I was leaving the Hamptons to come to work here (in White Plains), I was in the shower and I bent over to pick up a shampoo, and my head felt like it essentially exploded, a complete pressure throughout the entire top of my head when I bent it 90 degrees.


 


          Whether it was gravity that caused that, I’m not positive what it was. But at that time, 9 o’clock Monday morning (July 20),  I decided (and my wife certainly decided for me), that I was going to get a CAT scan done, and I went right to Southampton Hospital at 11 A.M.


 


WPCNR: So you never lost conciousness?


 


L.C.:  I never lost consciousness. I had a CAT Scan done and they saw a minor abnormality but nothing that troubled them. They asked me to hang around for three hours  to do an MRI. Of course, I said No. Of course my wife chained me to the car.


 


WPCNR: Good for her.


 


L.C.: Yes. I waited  three hours (at Southampton Hospital). Did an MRI. They then came out to the parking lot as I was waiting out there on the cellphone of course, Blackberry, and they said to me they were bringing an ambulance for emergency surgery that needed to be done at Stony Brook Hospital where there was a  neurosurgical team waiting for me to do an emergency brain operation on a brain aneurysm that had burst. Of course I said I’m not going to Stony Brook, I’m going to Manhattan


 


          The ambulance showed up and they said they wouldn’t take me to Manhattan because my blood pressure was 210 over 110 and they wouldn’t put me in the ambulance because they didn’t think I would survive the trip at 6 P.M. from Southampton to Manhattan an hour and a half later.


 


          They took me to Stony Brook. At which point I signed some additional forms.  They gave me some blood pressure reducing medicine to take me (my blood pressure) down to 140/150. We made the trip to Manhattan in an hour and twenty minutes and I was delivered to Columbia Presbyterian at 8:30 Monday night (July 20) and the operation was performed the next morning for 8 hours.


 


         They cut a nice 2 inch by 3 inch hole in my head. They fixed  a hundred percent the aneurysm which had leaked and burst slowly, with 100% effectiveness and permanencey. They clipped it, left it in my poor little brain and they closed me back up.


 


          And I’m home and hopefully getting back to some sort of normalcy in the next few days, but I’m not out of the woods yet.


 


          I’m a candidate at this point, in the window, for a stroke. Because there was some blood that ruptured from the aneurysm. It did get onto part of the brain. But it’s toxic and not supposed to be on the brain, I’m told. And they’re just watching, every minute now, the beautiful brain fluid washing away, hopefully, the crusted blood that might be in the brain, to try and get me past the window and avoid any spasms there that might cause a stroke.


 


WPCNR: How often do they check you? How do they do that?


 


L.C.: Basically every two hours, I’m being checked for blood pressure, checked with temperature, with EKGs, and they’re doing all of that stuff every two hours and medicating accordingly depending on blood pressure  and depending on a lot of stuff. It’s a helluva a monitoring thing. You really can’t put your fingers on it. I still have some residual headaches today which are of concern to them.


 


          But, I have an 8-inch scar on my head on my head where they cut my head open.So part of the headaches is the healing process.


 


          So the issue is: never think that you’re immortal. Never think that things can’t happen to you. That would have been my thought process. I dished  it off as being a nothing. It took three days for me to come to a conclusion it wasn’t a nothing. Even then I wasn’t prepared to accept the information as to what it would be


 


          Because you know, that doesn’t happen to me. It shouldn’t happen to me.


 


          But the people at Southampton Hospital were phenomenal. They diagnosed it perfectly. Ambulance people who got me there in an hour and 40 minutes. The people at Columbia Presbyterian, the top doctors on the planet, who took me under their wing for eight hours. So I’m here. Cappelli lives.


 


            And it happened one day after I got the biggest vote in my life on the Concord, where the (State) Senate voted 58-0 to approve the  Concord transaction on Thursday in the afternoon. Twenty-four hours later (July 17) I started having a brain aneurysm. Kind of an irony or some sort of thing there, really. Just when the pressure should have been removed after ten years of work, two years of stress and the vote finally came about and the aneurysm popped, after the vote is received in a positive fashion.


 


WPCNR: When will you be out of the woods?


 


L.C.: They’re thinking that I’ll be in the medical world, out of the woods, by the beginning of next week, which will be three weeks from the operation. That would be considered out of the woods as long as the wound heals with no infection. I’m taking medications for infections. We’ll all feel better about this Monday and Tuesday.


 


WPCNR: When will you be able to deal with the day-to-day business?


 


 


L.C.: I’ve been dealing with that the last week and a half. The trusty Blackberry is here. I think for the most part, it really isn’t dealing with the day to day stuff any more. It’s about the intensity and the gravity I give the day-to-day stuff. In the last two and a half weeks, my report card as to what’s grave and what’s not as relates to deals, bank deals, leases, condominium sales, all that stuff that was very grave and stressful in my life two week ago, while all that stuff still exists.


         


        The condo market didn’t change because I had an aneurysm. But the gravity of what more condo sales mean to me as to what more condo sales mean to me or less mean to me,  whether hotel occupancy is 85% or 65%, all those things have taken on less importance to me.


        


         I’m dealing with the day to day for the last week and a half.  But I’m dealing with it differently.  Every day is not crisis management anymore for me.  No it is what it is. I’ve had my crisis management two weeks. Right now just is what it is and it will be what it will be and, (Mrs. Cappelli makes a remark). My wife says she’s Nurse Ratchet. She was looking out for me for two weeks. She’s the one who chained me to the car to make sure I stayed for the MRI.


 


             So that’s it, John.  I’m back. I’m the same Louis. Right now I have 100% of my motor skills. 100% of my memory, my retention. My skill sets. They’re all here.


 


            What was important to me two weeks ago, probably doesn’t have the same importance to me now. Different things are important to me now than they were two weeks ago. I was given less than a 50-50 chance of surviving the operation. Ninety-five percent of the people in my condition would not have made it to the hospital with a ruptured aneurysm, high blood pressure,would not have even made it to the hospital, let alone to be in a position to have an operation, to have it succeed.


 


            I had my discussions with my wife, my kids and my family before the operation, and we’re all of the agreement that what was important three weeks ago does not hold the same importance today, that’s for sure. That’s a hundred percent positively for sure.


 


           I haven’t read a newspaper in two and a half weeks. I don’t care  if I ever read a newspaper again. Don’t know if I’ve been in a newspaper. Don’t care about a newspaper. It is what it is. It was a miracle that I’m here to talk about it .  95% of the time would have shut the lights out on somebody else. It just would have been a light switch that went out.


 


            I said to the doctor how would this have happened? The doctor said to me when your aneurysm broke, ninety-five percent of the time it’s just lights out. It’s not a headache, not some sort of warning.


 


WPCNR: Going forward, you’re taking this day by day, and so at this point, everything is still on the table in your business and you’re going to proceed with a different perspective?


 


L.C.: I think that’s a correct statement.  My organization in the last two and a half  weeks has really shown me a lot of resiliency. Frankly, jeez, I always thought they really needed me. As it turns out, John,  they’ve cut back overhead, trimmed the sales, organized things better and my organization, the leadership in my organization is resilient,strong, it’s there. It will be three weeks this Friday that I’m out. They haven’t missed a beat.


 


          We’re parking cars. We’re serving steaks. New Roc’s still there.City Center is still there. We’re finishing up Trump Plaza, Trump Park in Stamford. It’s opening in three weeks. It’s a magnificent building. We’re selling apartments at the Ritz, and we’re selling apartments at the Trump in New Rochelle.


 


           I’m come to the conclusion thankfully, they don’t need me any more. I can take more time off.


 


WPCNR: We won’t read anything into that, will we?


 


L.C.: No. But taking some time off isn’t the worst thing in the world. My wife loves that. In my mind I feel like I’m 100%.They’ve given me different ground rules for awhile for a few weeks.


 


        I’ve got the same old challenges that are still there.


 


        I’ve got the Concord closing in the next 10 days to two weeks. I’m looking forward to closing the Concord financing and starting that construction right away. Before fall, before Labor Day.


 


WPCNR: So the casino, the track will begin going up before Labor Day (September 7)


 


L.C.: Before Labor Day


 



Asked about if he had  sent in Qualifications for the Winbrook Revitalization project in White Plains, Cappelli said he was not aware of it, and would ask Joe Apicella and Bruce Berg to find out about it tomorrow.

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District to Repair Erosion from Underneath New Stands at Loucks

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WPCNR SCHOOL DAYS. August 5,2009: Heavier than usual rains are causing an erosion problem under the new stands at the new $5.4 MillionLoucks Field. This,  according to Russell Davidson of Kaeyer, Garment& Davidson, the architects in charge of designing the new field which opened 8 months ago.  The School District, according to Assistant Superintendent for Business, Fred Seiler anticipates correction of the erosion prior to the start of football practice.


 



 



Stormwater runoff under stands is washing soil into track drain on apron of million dollar world class track at Loucks Field. (Pictured today) The cause is soil is being washed down from underneath the aluminum stands from storm water runoff and soil is being carried onto the apron of the track, Davidson said.


 


 



WPCNR first became aware of it when John Bailey observed and reported to the district a  two-foot wide eroded gap in the blacktop apron in front of the bleachers, which revealed a three-foot hole leading down to dirt underneath the track apron. Bailey reported the apron cave-in, the district replaced it with a circular drain cover pictured above within 48 hours of Mr. Bailey’s reporting the hole last Friday.


 


Fred Seiler, Assistant Superintendent for Business explained to WPCNR the dirt seen under the blacktop apron of the track was a “compaction” problem, but could not explain exactly what caused the gap. He said the district was aware of it and was moving to repair the compaction problem before the start of football practice,  but he could not explain the specific cause.  Seiler said there was no danger of the condition compromising the new track, causing it to heave up  or damage to the synthetic turf. He also said there was no estimate of the cost of the repair as of Monday.



Evidence of erosion and the “Hanging Gardens of Loucks Field” photographed last Sunday. The soil runoff has been clogging the drains which were being cleared today (Wednesday).


 



On Wednesday afternoon, the grates over drains in front of the bleachers were cleaned of dried dirt apparently preventing free flow of surface water, and weeds growing in the dirt had been weed-whacked by a district grounds crew.


 


 


WPCNR contacted Russell Davidson  of Kaeyer, Garment & Davidson, the architects who designed the stadium renovation. Davidson explained the cause was erosion of soil from underneath the section of aluminum bleachers due to “a little bit more erosion than any one expected due to the extensive amount of rain.”


 



 


Davidson(shown at the Board of Education July meeting)  said by telephone today that  erosion is not unusual in stadium projects: “It takes a while for the soil to solidify,” and the heavy rain created more erosion than expected. He said the only other problem  with the stadium was a 12-inch area that had to be patched. That was not the hole that WPCNR discovered last week and that was capped last week. Photo, WPCNR News Archive


 


Davidson said the traditional way to deal with the erosion problem of the nature the field is now experiencing is to lay fabric down over the soil (in this case, under the bleachers). Davidson said KG & D had been in touch with the district, and he said the district is dealing with the problem, but he did not know if Mike Lynch, the administrator of Buildings and Grounds  was going to install fabric under the bleachers as the solution.


 


Out of Warranty


 


Asked how long a warranty existed on the stadium, Davidson explained there was usually a one-year warranty from the date the project was accepted by the school district or entity. He did not know exactly when the project (or specifically the bleacher portion)  was officially accepted by the school district.


 


 



View Under Southend of Bleachers.


 


Examination of the slope under the bleachers today revealed construction debris some black tarpaper covering a portion of the slope underneath the northend of the bleachers, and a large amount of rocks in the area directly adjacent the track.


 



View Under northend of stands in viciniety of the runoff — note black tar paper in bottom third of picture.


 


 



Asked about the drain-pipes installed by the school district last January (in photograph above)  at the base of the grassy banks to the south and north of the new bleachers,after extensive flooding was observed by this reporter spilling onto the new track,  Davidson said those drains were part of the original project, but delayed by the school district until after the stadium was built and undertaken by the school district (at a cost of about $18,000) to “save money.”

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Council Ks 1st $250Gs for The Ged. Tables Labor Lawyer. 2 Hearings to Sept.

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WPCNR COMMON COUNCIL-CHRONICLE EXAMINER. By John F. Bailey. August 4, 2009: After a lengthy explanation of the status of the Gedney Way city dump and where it stood from the Commissioner of Public Works, Joseph Nicoletti Monday night,  the Council approved expenditure of $250,000 to prepare a preliminary closing plan for the dump for submission to the Department of Environmental Conservation in three months. Rita Malmud explained to the public on television the Council was only approving $250,000 in bonding at this time.


 



Joseph Nicoletti, Commissioner of Public Works, addressing the Common Council on the State of the Gedney Dump Monday night.


 



 


The Common Council (with Councilman Thomas Roach taking the lead above) tabled until August 27 the approval of Lamb and Barnosky as Labor Counsel for the city during the upcoming binding arbitration with the Fire Fighters union that is expected to set the tone for the next round of labor increases. The tabling came at the request of Councilman Thomas Roach who said he wanted to interview the firm before approval. He did not explain in detail what he wanted to ask the firm.


 


The Counsel kept open two hearings on the White Plains Hospital Medical Center 5 year site plan window (the first ever such favor to a developer, giving the hospital five years to start the project), with no citizens from the public commenting.


 


The hearing on the North Street Community increase in the assisted living to condominium units ratio at the former St. Agnes Hospital was held over, with again no comment from the public. Paul Bergins, the attorney for the North Street Community, said the conversion of the former St. Agnes Hospital building was “shovel-ready” and ready to begin as soon as the Council hopefully approved it in September. Bergins repeated the offer of a tour of automated parking facilities in Manahattan to acquaint the council with how the proposed automated parking at the former St. Agnes facility worked in a currently operating facility.


 


Certioraris in the amount of $158,000  were approved, which also lowered the assessment roll $196,000.  


 


A sum of $222,500 turned over from the Affordable Housing Fund to the White Plains Housing Authority for use in investing funds to secure a Housing and Urban Development $1.7 Million grant to upgrade energy efficiency at Schuyler DeKalb housing.


 


 


No Query on Cost of Dump Closing.


 


However, no member of the Council asked Commissioner Nicoletti during 45 minutes of testimony for an estimate of how much the DEC order to close and cap the Gedney Dump would cost the city. Mr. Nicoletti confirmed to WPCNR after the meeting that in addition to the initial $250,000, the capping of thedump could cost about $8 Million to $10 Million “on the upside in today’s dollars.” 


 


Despite Ms. Malmud’s assurances that the city was only investing $250,000 at this time,  Nicoletti explained to the council on television that the city has to close and cap the dump and there was no choice in the matter, since the city had signed a consent order to do so in 2005.



 


Commissioner of Public Works, Joseph Nicoletti, on the State of the Dump Monday night


 



 


 


 


Asked by this reporter , why Mr. Roach did not ask Mr. Nicoletti  how much possible millions the city was going to have to spend on the Gedney dump cleanup during the televised hearing, Councilman  Roach (who asked a number of questions about dump acitvity, on television montior above), said it is “too early.”


 


Asked for an estimate what he thought it would cost, Mr. Roach said “It’s not going to be cheap, that’s for sure.” To see the Common Council Nicoletti “State of the Dump Address,” tune to White Plains Government Access Channel 75 Wednesday evening.


 


Nicoletti told the televised meeting the DEC has in the past (in the mid-90s)  decided  the TCE contamination remaining in the dump at this time did not have to be physically removed by digging it out.


 


Containment the Answer


 


Nicoletti said that an iron containment enclosure could be used to hasten the breakdown on the TCE containment. He did not in over 45 minutes of addressing the council, say what capping the dump might consist of, or how much it would cost. He also assured the public the city has been monitoring the pollution and contamination in the dump for the last 23 years under the supervision of the DEC.


 


Nicoletti said, that in addition to remediating the TCE contamination, the DEC wants the methane gas escaping from the dump  to be mitigated. Nicoletti said that the Proposed Closing Plan would address (subject to DEC approval) both a capping plan to close the landfill portion of the dump where ash from refuse is buried some fifty years is buried, to mitigate the  TCE and methane gas emissions. Nicoletti did not explain what forms the capping might take, though he did go into detail in the work session last Thursday, saying it might consist of a 35 acre “impervious surface.” Mr. Roach and Ms. Lecouna Monday evening expressed hopes that that surface could be turned into a park.


 


Mayor plays down “millions” in future spending.


 


The Mayor at the outset of the hearing assured the television viewing audience the city had been working with the DEC and that the reports of millions being spent were inaccurate, that only $250,000 was going to be authorized to come up with a plan.


 


At the close of the questioning by the Council, the Mayor said he was pleased the city was moving towards of resolution of this problem in consort and cooperation with the Department of Evironmental Conservation


 


Techincally, the contamination had been ignored for 23 years, with the city conducting DEC- directed test monitorings that resulted in a DEC order to close the dump


 


Five years ago the DEC told the city it was in violation of a Department of Environmental Conservation  order to close the city composting operation and stepped in to force the city to monitor the TriChloral Ethylene contamination because it was leaking into the Mamaroneck River which runs through the dump. The city stopped the composting, cleaned up the compost area, and asked the DEC for permission to resume it.  The DEC granted resumption of composting, while continuing to demand tests and measurements from the city.


 


Asked by WPCNR why if the city had known the TCE containment (a clean fluid) was there for 23 years, it had not moved to clean it up on its own, Nicoletti told WPCNR the Department of Environmental Conservation said it was not necessary. Nicoletti said “if I had suggested spending $8 to$10 Million back then, they would have said I was crazy.”


 


 


2,500 square feet of TCE.


 


Nicoletti’s address to the Common Council  did not disclose the precise size of the TCE contamination zone  though he was asked that question by Councilman Dennis Power.


 


Previously in addressing the Council in a work session July 22, Nicoletti said the area was 15 feet under the ash and soil level and about 50 feet square (2,500 square feet). Tonight he said it was about one 55 gallon drum of liquid.Nicoletti said that underground radar had not revealed any drums in the TCE area and that the radar was unable to see down that far to where the TCE was.


 


 The Council did not press Nicoletti on the TCE issue.


 


The Council did not ask him how much the city might ultimately have to pay to clean it up, and how the city might pay for it. The council also did not ask Mr. Nicoletti what effect the ongoing TCE contamination might have on the generation of city workers employed in the dump to date the last 23 years or more, or the surrounding neighborhood.


 


Councilpersons Malmud, Benjamin Boykin, and Milagros Lecouna all requested copies of Mr. Nicoletti’s  preliminary proposed closing plan prior to DEC submission. The preliminary plan is due in three months according to Nicoletti. Mr. Roach also with a string of questions, got Mr. Nicoletti to expand on all the tasks and activities the Gedney dump does now, but Mr. Roach stopped short of asking Mr. Nicoletti whether all those acitivies would continue to be permitted in the dump, in addition to the composting the DEC decree allows now.


 


The Certiorari Matter


 


Notable reductions in assessments  of  well-known properties  of the $196,000 in lowered assessments are $47,500 deducted from Fenway Golf Club (a venue for outgoing Mayor Delfino’s  political fund raisers) assessed value of $125,000, dropping the club assessed value to $77,500; $62,000 deducted from  199-201 East Post Road’s assessment of $71,000 reducing that assessed value to $9,000; the 189 East Post Road assessment is lowered $70,000 from $105,600 to $70,000. The Inns of Court Properties (where Mulino’s Restaurant is located) received the largest assessment reduction ($78,450) in this month’s round of certioraris reducing its assessed value from $193,450 to $115,000.

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William Plunkett,Jr. Heads Stepinac’s New Board of Directors

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WPCNR SCHOOL DAYS. From Archbishop Stepinanc High School. August 3, 2009: Archbishop Stepinac High School today announced the formation of a Board of Directors who will oversee the


60-year-old school’s operations as an independent high school within the Archdiocese of New York.  Stepinac’s charter as an independent high school and its board were approved recently by the New


York State Board of Regents.


 


The formation of the board follows the announcement last January by the Archdiocese of New York


 that it was placing the responsibility for governance of its 10 high schools including Stepinac in the


hands of each individual school and that each would now be governed by its own board.  As a result,


for the first time the schools will be self-governing and have direct local control over their own


operations.  The Archdiocese will continue to own the school properties and buildings and


provide financial support for major capital repairs.


 


Stepinac’s nine-member board will be headed by William F. Plunkett Jr. of Tarrytown.


A prominent attorney, Mr. Plunkett is a graduate of Stepinac (Class of ’58) and is a founding


partner of the Plunkett & Jaffe law firm that in 2006 merged to become the Plunkett & Jaffe Group


of the law firm of McKenna, Long & Aldridge.  He is well known for his work with numerous


government and not-for-profit agencies and groups. He has been honored by many organization,


including the National Conference of Christians and Jews and is a recipient of the Ellis Island


Medal of Honor.


 


Joining him as officers of the board are:


 


Thomas B. Martin of Scarsdale, Vice Chairman.  A 1965 Stepinac graduate, he is a registered


Investment Advisor and owner of Circle Advisors, a diversified wealth advisory and financial services


firm, and is managing director of Circle Consulting Group Inc.  He is experienced in executive


compensation planning and employment contract negotiations.


 


Jim Scully of White Plains, Secretary.  A 1980 Stepinac graduate, he is a partner in Scully


Construction LLC, a leading provider of general contracting services in the tri-state area. 


He is active in numerous trade and community organizations and is a member of Stepinac’s


Alumni Association.


 


Kevin J. Keane of White Plains, Treasurer.  He is Managing Partner of O’Conner, Davies, Munns & Dobbins, LLP, a leading accounting firm in the New York metropolitan area. 


A 1974 graduate of Stepinac, he is a certified public accountant with extensive experience


in all areas of accounting and tax planning services. He specializes in dealing with closely held


businesses and their owners.  He is active in numerous business and community organizations.


 


Other board members are:


 


Maggie Kolman-Mandle of Briarcliff Manor is a partner in The Research Firm, a full service market


research company serving Fortune 500 companies.  She is the mother of two recent Stepinac


graduates and her brother is also an alumnus.  From 2002-2004 she served as President of the


Lady Crusaders, a group composed of the mothers of Stepinac students that provides support to the school.  


 


George Kahayas of Yonkers is Senior Trial Attorney at the law firm of Garbarini & Scher PC


specializing in medical, hospital and product liability and employment discrimination and is an


adjunct lecturer on health and law at the New York Medical College School of Public Health. 


Five of his sons are Stepinac graduates.


 


Sister Lucille Coldrick has been a member of the Sisters of the Divine Compassion for 50 years.


She has been deeply involved in education as both a teacher and an administrator. 


She taught at The Academy of Our Lady of Good Council in White Plains and served as its


principal for seven years and was principal of Preston High School in the Bronx from 1991-1998.


 


Monsignor Anthony Marchitelli, President of Stepinac, has had a long career in education.  He came to Stepinac in 2002 after having served as Principal of John F. Kennedy High School, Somers for seven years. For 17 years, he was a member of the faculty at St. Joseph-by-the-Sea, Staten Island where he also served as Dean of Discipline, Athletic Director and Swim Coach. He attended Cathedral College, Douglaston, Queens, where he earned a B.A. Degree and St. Joseph’s Seminary, Yonkers, where he obtained a Divinity Degree in Theology. He was ordained in 1976.


 


Father Thomas Collins, former Dean of Students at Stepinac, is a 1979 graduate of Stepinac.  Following his ordination as a priest in 1992, he joined the faculty of the school and was later named Dean of Students. In 2007 he joined the school’s Office of Development.  In addition to his work at Stepinac, he celebrates Mass at Resurrection Church in Rye, Holy Rosary Church in Hawthorne and Our Lady of Sorrows Church in White Plains.


 


As the composition of the new board demonstrates, Stepinac alumni maintain strong ties to the school throughout their lives.  Mr. Plunkett noted that “the loyalty of our alumni will serve the school well as it moves forward in this new era.  Already there has been an outpouring of alumni support for the school that will provide a solid foundation upon which to build. Independence is a challenge that our board joined by our administration, faculty and staff are well prepared to meet.”

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White Plains Real Estate Sales Hold Own in Buyers’ Market.

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WPCNR QUILL & EYESHADE. By John F. Bailey. August 3, 2009: Do not fear, Mr. and Mrs. and Ms. White Plains homeowner. You may have to settle for selling your home for 10% less than you expected. But you can sell it, if  you have to.


 



 


July sales appear to be on pace for sales in the July August September quarter double the closing pace of the second quarter just ended. There were 33 closings in the second quarter and with 18 in July the closings are on track to reach the neighborhood of 60 closings in the third quarter.


 


 If you put your  White Plains home on the market today,  and price it competitively, you can expect to sell your home within 5 months, according to the July sales figures supplied WPCNR from the Westchester Putnam Multiple Listing Service, compared to an average 6-month wait a year ago.





The key factor is pricing it competitively because of the 18 homes sold (closed) in White Plains in July all sold for average  5.1% less than their asking price.


 


The 18 White Plains single family homes which closed in July spent an average 145 days on the market, and their average sale price was $577,119. The median sale price was $579.500 meaning  9 sold for more than the median, and 9 sold for less.  The eighteen home sales were just 6 homes less than the number of homes closing a year ago in July at the depths of the housing crisis. Encouraging news  for White Plains home owners and homebuyers is those White Plainsians selling their homes sold them for an average 5% less than their asking price. Presently there are 160 homes on the market within White Plains


 



Second Quarter White Plains Single Family Home Sales 2009


 


 


The figures  (though statistically we are dealing with very small numbers that create harrowing swings), show though that the average selling price in White Plains was 27% lower than the average selling price last July when the average White Plains home sold for $786,121 compared to this year’s average $577,119.  The average price dropped from $650,000  in June, to $577,119 in July. The reason for this according to Mike Graessle, of Prudential Rand is high end homes (over $1 Million) are not moving in White Plains primarily due to the luxury tax enacted on housing sales over $1 Million that has slowed those sales.


 


Graessle said that prices of high end homes in some cases have been lowered below $1 Million to facilitate sales and avoid the extra tax. There were no homes closed in July in White Plains for over $1 Million. In the second quarter though about 10 (then graph is very hard to read), were sold over the million level.


 


Stable Market


 


Graessle said White Plains present market conditions indicate “a strong middle market” In the second quarter, there were 33 closings in White Plains (April through June) averaging $652,780 per sale,  with the median sale price $580,000. It is taking about one month less to sell a house in White Plains than it did last year at this time when homes took an average 5 months to sell.


 


Graessle said the condominium market has become a big entry market for first time buyers seeking the benefits of housing ownership. Condominiums are taxed less than single family homes (about 50% less).


 


Graessle also observed that White Plains has had an increase in purchasers from Scarsdale, who are selling their Scarsdale homes and trading them for the lower taxes enjoyed in White Plains.


 


Compared with last year, the number of listings in the second quarter of this year, remain the same as last year in the city but with more inventory piling up. No figure was given for last year’s end of second quarter inventory.


 


Graessle observed that banks are giving jumbo mortgages for purchase of homes in the White Plains market to qualified buyers.


 


He noted that White Plains remains perhaps the most attractive area in the county due to its lower taxes compared to other communities.


 



 


July 2008-July 2009 White Plains Sales Compared to July 2007-2008 Sales


 


Year to Year, a Dissappointment– but not a dropping out of the bottom.


 


Year to year, home sales and average price are down 12.7% in White Plains. In the year from July  2007 to July 2008, 173 homes were sold at an average price of $755,661.  From last July 2008 to July 30 last Thursday, 151 homes were sold in White Plains for an average $670,869, showing an 11.2% decline in price. Those figures are slightly better than Westchester as an entirety with a 13.6% decline in average price year to year.


 


 


 


 

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State Running a $2.1 BILLION Deficit After 1st Quarter

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WPCNR ALBANY ROUNDS. From the Governor’s Press Office. July 31,2009: The Division of the Budget  released its First Quarter Update to the State Financial Plan yesterday, which includes updated information on revenues, spending, and other financial indicators.


Based on operating results through the first three months of the fiscal year and updated economic projections that indicate continuing weakness in the overall economy, the State must eliminate a current-year deficit of $2.1 billion in 2009-10, which will grow to $4.6 billion in 2010-11.

To address this issue, Governor David A. Paterson today announced that he will work with Lieutenant Governor Richard Ravitch to develop an Economic and Fiscal Recovery Plan that will eliminate the current-year budget deficit and improve the State’s long-term fiscal health. The Governor’s plan will be released in September.


“New York, like virtually every State in the nation, continues to experience historic economic difficulties, and further action is needed to control spending,” Governor Paterson said. “However, in addressing the State’s immediate fiscal issues, we cannot neglect the critical long-term reforms that are necessary to return New York to economic prosperity and national leadership. Along with the help of Lieutenant Governor Richard Ravitch, I will continue to push for a broad, bold agenda to help improve the lives of everyday New Yorkers and I urge the Legislature to join me in that effort.”

First Quarter Update to the State Financial Plan
The largest factor driving revisions in the Division of the Budget First Quarter Update to the State Financial Plan is continued weakness in the economy, which has resulted in lower-than-projected year-to-date tax receipts. Highlights include:




    • Continued Revenue Declines. Through the first quarter of the 2009-10 fiscal years, overall General Fund revenues were $305 million below initial projections. This figure, however, includes several one-time cash management actions that do not impact the State’s underlying economic and revenue base. During the first quarter, the State recovered $387 million in past overpayments to the City of New York for their local personal income tax collections. It also accelerated $121 million in transfers from special revenue funds to the General Fund, which were expected to take place later within the same fiscal year. Without the impact of these one-time cash-management actions, General Fund revenues would have been $813 million below projections.

    • Personal Income Taxes. Compared to 1Q2008-09, General Fund personal income tax collections declined by $4.2 billion or 35 percent to $7.7 billion in 1Q2009-10. This is $584 million below initial financial plan projections, reflecting persistent difficulties within the broader economy.


    • Sales Taxes. Compared to 1Q2008-09, General Fund sales and use tax collections declined by 6 percent or $160 million to $2.6 billion in 1Q2009-10. This is $159 million below initial financial plan projections. DOB estimates that the economic base underlying the sales tax declined by roughly 14 percent during this time period. This decline is unprecedented, exceeding declines following September 11, 2001, and recessions of the 1980s and 1990s.
    • Wage Declines. State wages are projected to decline 4.8 percent in 2009, the largest decline ever recorded. This historic deterioration, combined with other factors, is projected to have a severe impact on the base of virtually all of the State’s revenue sources over the Division of the Budget’s four-year forecast horizon.
    • Continued job losses. Since the beginning of the State recession in August 2008, New York has lost 236,000 jobs. Employment declines are expected to continue into 2010, and the State unemployment rate is expected to peak at 9.1 percent in the first quarter of 2010. New York private sector employment is projected to fall 2.7 percent in 2009 (the largest annual decline since 1990), followed by a further decline of 0.5 percent in 2010. Employment in the financial services sector and professional services sector, both of which are particularly important to the downstate economy, are projected to fall by 5.2 percent and 6.2 percent, respectively.

“Although the budget enacted in April took substantial action to close a combined $20.1 billion budget gap, the fact remains that revenues have continued to fall, and this will force us to make further difficult choices,” Governor Paterson said. “Last year reflected a fundamental transformation of our economic base, but we believe the worst deterioration of our economy may be behind us.”

Revised Budget Deficits
The First Quarter Update reflects revised budget deficits of $2.1 billion in 2009-10, $4.6 billion in 2010-11, $13.3 billion in 2011-12, and $18.2 billion in 2012-13 – a cumulative total of $38.2 billion. This represents an increase from the $24.6 billion cumulative deficit projected in May 2009 ($2.2 billion in 2010-11, $8.8 billion in 2011-12, and $13.7 billion in 2012-13), but is still substantially below the $85.2 billion cumulative deficit projected before 2009-10 Enacted Budget savings actions.

In 2009-10, General Fund receipts are now projected to be $1.97 billion or 3.6 percent below Enacted Budget projections. The largest revenue declines are concentrated in personal income taxes ($1.1 billion) and sales taxes ($410 million). The balance of the 2009-10 deficit is the result of $151 million in increased General Fund disbursements, including higher than expected fringe benefit costs ($90 million), a settlement with the federal government related to School Supportive Health Services ($33 million), and others.

The increased deficits projected over the course of the Division of the Budget’s forecast period are primarily related to the current economic downturn and its powerful negative effect on tax receipts. Additionally, however, several revisions to the General Fund spending forecast will also impact the State’s budget gap projections, many of which are also related to persistent weakness in the economy. These include growing public assistance caseloads and child welfare claims; substantial increases in State pension costs due to decreased investment returns that will occur without legislation to enact Tier V reform and amortize the transition to higher rates; additional payments to school districts to reflect both increases in their actual spending and decreases in lottery aid; costs to support preschool special education; and others.

Spending Growth
In May 2009, the Legislature enacted a fiscal rescue plan for the MTA that helped protect commuters by mitigating drastic service reductions and fare increases. This rescue plan included a Mobility Tax, which, although it provides no benefit to the State financial plan, passes through the State budget and is provided in its entirety to the MTA.

Excluding the impact of the Mobility Tax, State Operating Funds spending growth from last year is nearly flat and expected to total $78.8 billion – an increase of 0.9 percent or $680 million compared to 2008-09. When this pass-through funding is included, State Operating Funds spending is expected to total $80.5 billion, an increase of 2.9 percent or $2.3 billion.

Workforce
Consistent with the Enacted Budget, the Financial Plan reflects $460 million in savings over two years from workforce reductions and related initiatives. The plan assumes these savings from a combination of severance payments, vacancy controls, voluntary reduction in work schedule, and other measures.

Additionally, also consistent with the Enacted Budget, the State workforce subject to Executive control is projected to total 128,803 at the close of 2009-10. This figure will be revised in the Mid-year Update to the Financial Plan pending implementation of the above workforce actions.

National Context
New York is not alone in addressing a mid-year budget shortfall. Over the last two-months, since May 16, at least 14 other states and Washington DC have announced mid-year deficits totaling $30 billion.

Additionally, according to the Center on Budget and Policy Priorities, at least 48 states have addressed or still face shortfalls in their budgets for fiscal year 2010 totaling $163 billion or 24 percent of state budgets.

For a copy of the 2009-10 First Quarterly Update to the State Financial Plan and supporting materials, please visit
www.budget.state.ny.us.

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Patrick Massaroni Returns Home.

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WPCNR MAIN STREET JOURNAL. July 30, 2009: Patrick Massaroni, son of Little League’s Rich Massaroni has returned home from the hospital after suffering burns and smoke inhalation injuries after a fire engulfed the home he was staying at on the Jersey shore last week. Patrick, longtime umpire in the White Plains Little League and Stepinac High graduate returned into the burning home twice, making sure his friends were not left inside. According to his father, Rich, Patrick is doing well, and released this statement to WPCNR:


I am happy to report that Patrick was released from the hospital Tuesday afternoon and is home resting. He is still weak and has some residual affects from the smoke inhalation and has a raspy voice (from breathing tube). He has a couple of follow-up doctors appointments to take care of prior to his return to work (internship) with the Mets next week. Since the right field scoreboard was completely out of service for the entire game the other night at Citi Field, I am sure they are looking for Pat’s quick return (smile).  

On behalf of Patrick and our family, I would like to sincerely thank each and every one of you for all your support and prayers during this recent period. As a result, Patrick is on the road to a full recovery. 
 
Once again, THANK YOU !! 


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Super Developer Continues to Improve.

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WPCNR MAIN STREET JOURNAL. July 30,2009: Geoffrey Thompson, spokesperson for Cappelli Enterprises gave an update on the condition of developer Louis Cappelli who remains hospitalized as of Thursday, after noon as he continues to recuperate from surgery to treat a brain aneurism 9 nines ago. He suffered the aneurism July 20.


Thompson said Mr. Cappelli “continues to improve and hopes to be discharged soon. He’s doing very well, and prognosis is for full recovery.” No details were disclosed on the nature of the recuperation and the hospital location remains confidential.

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