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WPCNR THE DEVELOPER NEWS. September 9, 2008 UPDATED 2:45 P.M. E.D.T.: City Hall reported to WPCNR this afternoon that LCOR has paid the city the $5 Million it previously was in default on  since June 30, when it failed to pay the second installment on the land for their 55 Bank Street project.  

The issue was raised by broadcast reports said Lehman Brothers, the investment banking firm,  long touted by LCOR, the developer of the 55 Bank Street affordable housing project as their source of financing of the 80-20 affordable housiong $350 Million  project, that Korean Development Bank, the firm expected to provide a badly needed cash infusion to Lehman Brothers, has withdrawn their interest, creating a cash bind for the Lehman Brothers firm. This could conceivably rule out Lehman financing all or a portion of the LCOR White Plains Project.

Paul Wood, White Plains Executive Officer, in response to WPCNR inquires, reports LCOR paid White Plains the tardy  $5 Million  plus $9,000 interest that was due June 30, and had not been previously received, having been held in escrow. Wood told WPCNR the money was paid the city approximately August 15.

Asked how the Lehman Brothers troubles might affect the ability of LCOR to go ahead on the project, Wood said LCOR had “other financiers. You’d have to aske them.” Asked if he would be contacting LCOR to see how their financial sources shaped up, Wood said he thought he would. Wood indicated the project was still on, regardless of the Lehman Brothers situation.

Previously LCOR had been holding $5 Million in escrow as payment for the second installment on the land which the city sold them to build the project upon on Bank Street.

For a more detailed look at the Lehman Brothers situation, visit Marketwatch at http://www.marketwatch.com/news/story/lehman-tumbles-fears-over-raising/story.aspx?guid=%7B4389ABCB%2D2381%2D417D%2DA426%2D5EE9B2C1946E%7D&siteid=aolpf1&icid=snap-nws

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WPCNR SCHOOL DAYS. September 3, 2008 UPDATED 7:05 P.M. E.D.T.: White Plains schools open Thursday morning, expecting a projected enrollment of 7,123  students from Pre-K through high school, 5% ahead of previous long term projections for 2008-2009.  The enrollment level of 7,000 students was not anticipated to be approached until 2010-11, according to school projections in 2005, when it was estimated by Bishop Associates to be 6,914. Now White Plains has bypassed that level three years earlier than expected

WPCNR notes that previously issued long-term district projections predicted the White Plains District as having 6,775 students in 2008-2009, as follows – 2,800 in k to 5, 1,400 in Middle School and 2,000 in the high school, and 575 in Special Education.

The projection for 2008-2009,  according to the school calendar just published shows  the population of K Through 5, Middle School and High School  running 5% ahead of that projection, in the grade schools, Middle and High Schools at 6,620 plus 215 enrolled in alternative programs, 198 in PreK and 90 in Out-0f-District programs for a total of 7,123. This is a 5% increase in enrollment from previously projected  – the bulk of that coming in Pre-K, or course.

Three years ago (2006-2007) the White Plains enrollment was 6,784 students. Last year, the total was 7,041, an increase of 4% in enrollment  and the projection for 08-09 is 7,123, a 1.1% increase. 

A slight worry.

If the district continues to miss its previous projections by a 5% margin the enrollment in the White Plains Schools will reach 9,543 students by 2014-2015, raising the spectre of the need for one new elementary school, in addition to the new Post Road School now being built, and perhaps another addition to the high school if the projections of the school continue to be 5% off.

 The projection for 08-09 was 6,775 students which was reached two years ago in 2006-2007. The projection fo 2014-15 by the school projections assumes flat growth in enrollments at Middle School and High School, with an increase of 300 students at the elementary level to a total of 7,400 students by 2014-15. 

Actual enrollment figures will not be available until October, according to Michele Schoenfeld.

So far this year,  elementary Schools enrollment is up by 42 students (1.3%). High School enrollment is down by about 11 students. Middle School is down by 16. Alternative Program, PreK and Out-of-District Placement students is up by 16 students.

By now all parents should have received their school bus notifications from the district. Bus transportation is provided up through eighth grade. The cost per one way trip by bus to the high school has increased from $1.25 to $1.50 per trip, with a 20 “One Way” trip booklet available for high school students for $23, up from $20 last year.

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WPCNR MILESTONES. Special to WPCNR September 1, 2008:  White Plains resident Richard Biondi died at age 64 last week, August 27,  as a result of pancreatic cancer. He was Senior Vice President at White Plains Hospital and handled community relations. He previously was with Verizon, New York Medical College and General Foods. He had been very active in Westchester and the White Plains community for many years. In the past, he served on the White Plains Cable Television Commission, was Chairman of the White Plains City Charter Revision Commission during the Del Vecchio administration, was Chairman of the Board of the County Chamber of Commerce, and was President of the Parish Council at Our Lady of Sorrows, among others.

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. August 25, 2008: New York Supreme Court Judge Francis Nicolai  told WPCNR he did not “recollect” writing the key word “overnight” into the margin of the court order spelling out how Hockley District Leader Candidates’ attorney Jay Boyarsky was to deliver a show cause order to ten persons of Hockley District Leader challenger petitions August 4.

Judge Nicolai does not remember how the “overnight” found its way onto the court order spelling out how the Hockley attorney was to respond to the Board of Elections denial of 10 Hockley petitioners.

Nicolai, asked by WPCNR why he wrote overnight into the margin, which according to the Hockley/Garfunkel attorney  said “To my recollection I did not write (“overnight”), somebody in the administration court system must have added it,” he said. 

The “overnight” word in the margin was key in creating the situation resulting in the removal of ten supporters perhaps sympathetic to Glen Hockley from the September 9 District Leader Democratic Primary contests for district leader in White Plains.

What does Overnight Mean?

As a result of that scrawled word in the margin, the Hockley team sent their show cause papers overnight mail on August 4, with the arguments with arriving to the “respondent-objectors” on August 5. When they did arrive the attorney for the Board of Elections on  asked Judge Nicolai to dismiss the case for missing the show cause deadline.

Nicolai explained that the Hockley District Leader action had to commence on the third day following the Board of Elections denial of the 10 petitions. The petitions were denied by the Board of Elections on August 30, Judge Nicolai said, that meant Mr. Boyarsky had Thursday, July 31, Friday, August 1^st, the two days on the weekend not counting), the August 4 to produce his show cause papers.

Another interesting aspect of the Court Order shows that the original date penciled in actually reads “5^th” of August, but has been crossed out and replaced with number “4^th” and the significant “overnight” word placed in the margin, above it is initials that Mr. Boyarsky, the Hockley attorney, believes are Judge Nicolai’s.   

Mr. Boyarsky told WPCNR that Nancy, a clerk for Judge Nicolai took the court order from the eighth floor of the courthouse to the ninth floor to Judge Nicolai to sign, and when they came back the words “Overnight,” and above it were the initials he believed to be “FAN/JSC” were written in the margin.

Judge Nicolai was mystified, he asked WPCNR wasn’t it in the typed portion, when told it was not, that the “overnight” word was written, the judge said he did not recollect writing that word in.

Boyarsky told WPCNR if he had not seen the “overnight” word, he would have had the show cause paper work delivered to the 10 individuals (Objectors)protesting by hand on August 4, as he had delivered the show cause papers to the Board of Elections as instructed,  complying with the order August 4. He said it is not standard legal practice to call up the Judge and ask do you really mean “overnight.” 

“The judge tells you what to do, you don’t question it,” Boyarsky said, “This was just bizarreness.”

A costly note.

The effect, though, of the “overnight” word, was to create the impression on the part of  Mr. Hockley’s attorney, Boyarsky that the papers could be overnighted to objectors August the 4^th for arrival August 5. 

On August 5, before Judge Nicolai, the Board of Elections attorney pointed out that the Hockley show cause papers were not served on the other 10 objectors on August 4 as the court order stated.

Judge Nicolai then told Boyarsky, “I have no choice but to dismiss, even if it’s inequitable.”

Asked  why  Boyarsky did not send the papers overnight using Saturday delivery, Boyarsky said he did not think he needed to since the word overnight was in the margin with the judge’s initials, but said he did not ask the law clerk delivering the court order what exactly “overnight” meant.

The attorney Elizabeth Schollenberger (for the  challengers of the Hockley 10)  called Boyarsky at 11 P.M. the night before the argument on her dismissal motion was due (9 A.M. August 7).  Boyarsky considered this harassment on Ms. Schollenberger’s part, because he said Judge Nicolai had given Boyarsky until 9 AM on the 7^th.

“This may backfire,” Boyarksy said.  “These 10 people challenging the district leader seats might have run with not that much interest in the position, but now that they see they’ve been disenfranchised it may make them take more interest in the Democratic Party.”

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WPCNR ALBANY ROUNDS. By John F. Bailey. August 22, 2008: The Circuit Breaker Bill passed by the Assembly  Tuesday of this week, lowered the tax relief proposed originally by Assemblyperson Sandra Galef’s bill that had been the basis for the new bill the Assembly passed, and subject of an extensive analysis by WPCNR this week, showing the effects of eliminating the Middle Class STAR Rebate. The Middle Class STAR Rebate is preserved under the whirlwind rewriting of the bill. However, the tax relief has been cut substantially. WPCNR will provide an analysis of how it affects White Plains.

The new bill  was introduced for the first time in the Ways and Means Committee August 16, after WPCNR’s interview with Assemblyperson Sandra Galef, the original sponsor of bill A01575.

The new legislation cleared the Assembly Tuesday after 5 days of being given life.

Taxpayers earning below $90,000, will be eligible for a refund of only 25% of their property tax bills exceeding 5% of their income, instead of the previous 70% in Assemblyperson Galef’s original proposal. Taxpayers earning between $90,000 and $125,000, would receive a refund of 20% on property taxes exceeding 5% of their income, and taxpayers earning between $125,000 to $250,000 are cut down to 15%  of the property tax exceeding 7% ot their income–  down from the original 70%.

Renters now are included in  the tax relief, being allowed to a special tax reduction based on relationship of income and rent.

The gentry are profoundly affected by the Circuit Breaker Law the Assembly passed. Persons earning between $1 Million and $5 Million, will pay a new tax rate of 7.85% on all of their income; taxpayers with incomes above $5 Million would pay 8.6% on all income.

Signifcantly missing from the Assembly bill, Assemblyperson Galef introduced,  is the repeal of the Middle Class STAR Rebate, which Ms. Galef saw the Circuit Breaker replacing. Now the Circuit Breaker is in addition to the Middle Class STAR Rebate, though the “Assembly approved” Circuit Breaker puts significantly less of individual taxpayers’ property taxes subject to the tax refunds granted by the “Breaker.”