WPCNR THE PLANNING NEWS. By John F. Bailey. September 15, 2005. UPDATED 2:15 P.M. E.D.T. Clarifications and Details. UPDATED 5:40 P.M. With Pollitzer Interview: After intense questioning by Black Activist, Ron Jackson, on the Comprehensive Planning Review Committee’s endorsement of Post Road and Lexington Avenue rezoning for rehabilitation and development, and use of “Urban Renewal Tools,” such as eminent domain,  Susan Habel, Commissioner of Planning told the Comprehensive Planning Review Committee, in front of fifteen witnesses and 12 of 14 members  of the Comprehensive Plan Committee, there would be no development of the North Side of East  Post Road (the Winbrook side of East Post Road) by White Plains Hospital as part of the yet-to-be-unveiled rehabilitation plan that has been rumored targeted for that area.

 In a conference call this afternoon with Ted Lawson, Susan Habel and Paul Wood, City Executive officer,  WPCNR  was corrected by Ms. Habel and Mr. Wood, noting that her comment about no development North of Post Road applied only to White Plains Hospital developing that area.

Ms. Habel and Mr. Wood also clarified there is no plan to develop the Lexington Avenue Post Road that exists at this time, saying this would be developed by working with the residents and the merchants of the area working together after the Common Council approves the Comprehensive Plan Review. The group mentioned it might involve street ambiance and facades, but that would only be developed working with the residents and merchants and property owners. The trio also pointed out what they said were errors in WPCNR's synopsis of the Comprehensive Plan Review Committee Report. The group specifically denied that Avalon Communities was considering developing the area.

Asked if the city had been doing recent appraisals of property in that area, Wood said the city is always doing appraisals. Asked if any appraisals of the Lexington Avenue Post Road area were done recently, Wood only repeated that the city regularly appraises properties. 

Dennis Power Finds Committee Review Process Flawed. Photo by WPCNR News.

In the other highlight of the meeting, Dennis Power, Democrat for Mayor of White Plains blasted the Comprehensive Plan Review Committee report as being unobjective and reflecting the administration’s vision for the city. He called for continuing and amplifying  the process after the presentation of the committee's final report to the Common Council, saying,

“ -- the work of the Review Committee has been unduly influenced by City officials, which raises serious questions about the independence of the Committee – and, consequently, the value of the conclusions and recommendations. Too little opportunity existed for committee members to seriously entertain alternative ideas, analyses or suggestions," Power said.

Power called for holding a televised hearing on the two draft reports in October and after Common Council review to start the process anew after the November 8^th elections.

You're doing a great job, committee.

Power’s remarks were challenged by his running mate, Tom Roach, President of the Common Council who commended the committee for the detail of their report and how objective they were.

Roach assured the public there was going to be another public hearing after the council approved the documents with time for the public to comment further. "This is not over," he said.  

(Referring to lack of attendance at public meetings of the committee), Roach added  people did not come out on issues that did not affect their particular neighborhood  Roach said the Report of the Committee was "a broad picture."  

Asked later by WPCNR, if he agreed with Mr. Power that the Committee had not been objective, Roach said “No.”

When WPCNR pointed out to Mr. Roach that the Committee had not spelled out much detail at all on what zoning changes, uses or kind of development should be made in the Post Road area, for example,  Roach told WPCNR it was not the purpose of the committee’s report, or the Comprehensive Plan that the Comprehensive Plan was “just a land-use document” and that the Common Council decided what would be built in the city.

Winbrook can breathe a sigh of relief. 

On the controversial Committee endorsement of Lexington Avenue-Post Road, it was made clear by Planning Commissioner Susan Habel that any development involving expansion of  White Plains Hospital Center for an as yet unspecified purpose, would be on West Post Road, towards Scarsdale,  now occupied by car dealerships.  The Planning Commissioner said the development on South Lexington Avenue would extend along the West side of S. Lexington Avenue from Quaroppas Street  to Dennison Street,  but did not provide further details of what kind of development was envisioned or the density.  (Again, Ms. Habel and Mr. Wood said there is no plan that exists at this time.)

Details of this sketchy plan have not been revealed by the Mayor’s Office, despite repeated queries of the Mayor and his Planning Department by Mr. Jackson and inquiring news media. Today city hall squashed the Plan rumor once and for all saying "There is no plan."

The Comprehensive Plan Review Committee last night. Photo by WPCNR News

Mr. Jackson was assured by the spokesperson that the Mayor intended to meet with the residents of Winbrook, merchants, and owners to receive their input on the Rehabiliation Project. A Commissioner of the city familiar with the plans affoot had told WPCNR it involved the housing developer, Avalon Communities, the builders of Avalon-on-the-Sound in New Rochelle. However, today Ms. Habel and Mr. Wood denied Avalon was in any way being considered or consulted, because there is no plan.

No details of the Post Road/Lexington Avenue makover/rehab were spelled out in the Comprehensive Plan Review Committee Report. But, WPCNR has been told today in the conference call that was not the Committee's job and furthermore there is no such plan that exists according to information given WPCNR in the telephone conference today.  The Committee did recommend the council consider zoning changes (not specified) allowing rehabilitation of the Lexington Avenue Post Road area, as follows:

“The Committee finds that the 1997 Plan statement with respect to the creation of revitalization areas is appropriate and supports the City’s objective of establishing a Neighborhood Strategy Area for the post Road and S. Lexington area in 2005-2006

The report recommends the Common Council consider rezoning that area of the city as follows:

Possible modifications to zoning densities and uses within the Post Road/S. Lexington Urban Renewal Project Area, including possible zoning district changes, to facilitate redevelopment plans that may emerge from joint City/community review and development of revitalization plans for this area…

Possible modifications to zoning densities and uses for properties located between Post Road and Maple Avenue to the west of White Plains Hospital, including possible zoning district changes, to permit uses which support this important community health care facility.

The CPRC went over their extensive new recommendations, the highlights of which include, and clarified by the WPCNR conference with City Hall today:

• Endorsement of five year financial plans for the city.

  The city said WPCNR's report they did not project beyond one year is not true that the city projects at least five years ahead in terms of capital expenditures, and sales tax. The Comprehensive Plan Committee report actually states "Under recent State funding requirements, the City will be implementing a three (3) year financial planning process. This Committee supports this financial practice and further recommends that the process be extended to five (5) years, consistent with the five (5) year Capital Improvement Program. This will enable the city to better prioritize capital spending and determine its impact on the tax payer, resulting in a more informed decision-making process. 

•  An indoor sports arena (without specifying where);
• Upgrading hospital zoning from R1-12.5 to R1-30 (three-quarters of an acre).

In the conference with City Hall today, it was pointed out to WPCNR this is wrong, and does not apply to New York Presbyterian Hospital and White Plains Hospital Center, and only applied to hospital properties in the outlying areas of the city. The Report reads: The Committee recommends that the Planning Department examine the following possible additional zoning district changes to implement 1997 Plan strategies and proposed revised strategies recommended by this Committee and prepare a report to the Common Council:

1.) appropriateness of mapping certain additional Outer Area properties as R1-30, such as hospital properties

• Strongly supporting “judicious use of Urban Renewal powers, including eminent domain, by the City and Urban Renewal Agency in areas appropriately designated”
• Elimination of tax abatements for developers.

The Telephone Conference said WPCNR is wrong on this saying the report does not call for elimination of tax abatements. The Report reads: The Committee sees no need to authorize tax abatements for commercial and industrial projects at this time.

• Pursuit of the City’s own Industrial Development Agency.

          The Telephone Conference with Mr. Wood, Mr. Lawson, and Ms. Habel told WPCNR that the Mayor has for two years been pursuing the formation of the city's own IDA. WPCNR acknowledges this, and regrets the impression given by this statement that this is a new idea of the Committee. The Committee report reads: The Committee strongly supports the City's effors to obtain authorization for its own IDA and recommends that the City continue to pursue this objective. Athough the City has worked cooperatively with the Westchester County Industrial Development Agency, the City, like its sister cities of Yonkers, New Rochelle and Mt. Vernon, should have its own Industrial Development Agency.

• Keeping the present City Hall and rehabilitating the present structure.
• Assessment of affordable housing buildings at lower rates.

In the telephone conference, WPCNR was informed that the city is not currently allowed to access affordable housing differently. The Committee recommends in their report: The Committee supports new State legislation which permits the municipality's Assessor to recognize affordable housing in the assessment of residential real estate.

• Strongly supports city contributions to Community Development Funds (being cut every year under the present federal administration).
• Endorsement of present city financial policies, with no criticism of present budget practice.

After the presentation of the plan, Co-Chairperson John Martin opened the public hearing for comment from the public at 8:26 P.M.

Peter Katz was first up suggesting that the city had to plan for the eventual rehabilitation of the aging Winbrook buildings; look into grant funding for the White Plains Public Library; analyze the future impact of the city continuing to pay over 50% of the costs of operating the White Plains Performing Arts Center, and requested more detail on the development of the sports facility, and suggested more interim updates of the Comprehensive Plan. He recommended more detail on how the city IDA would be staffed, whether by Mayoral appointee or public representatives. He warned against the urban renewal powers recommendation, seeing it as “setting up a weapon for excessive arm-twisting” for use against the Common Council or a property owner.

Glen Hockley (Democrat running for  Common Council) took the podium and took the Committee to task for not taking a stronger stance on creating affordable housing, demanding a 15% to 20% set-aside in any development for affordable apartments. He strongly urged the committee to “take it seriously.” Hockley also warned that pursuing an IDA from the state might result in loss of the city ½% sales tax.

John Carlson (Republican running for Common Council) suggested the Committee take a closer look at crime statistics, suggesting that case investigations are up according to the White Plains Department of Public Safety website.

Carlson  advised the committee not to accept the set-aside payment-in-lieu-of units policy the Common Council has approved for condominium builders. Carlson said the payments received are not high enough because the city cannot build comparable numbers of housing units with the monies.

Carlson raised the issue of whether White Plains has received the payments-in-lieu already approved or whether they are deferred as indicated, he said in the recent JPI agreement approved September 6. He also cautioned the committee to take a closer look at the trend of commercial properties paying less taxes and residents paying more. Currently he said commercial properties account for 45% of city tax revenues and residential owners, 38%.

Dennis Power, Democrat candidate for Mayor took the podium and in a prepared statement charging that the Comprehensive Plan Review Committee “failed to adequately involve the public. I also have major concerns about the lack of objectivity in the review process.”

Pointing out the review began eight years after the adoption of the plan, Power charged the review was only undertaken when the White Plains Citizens Comprehensive Plan Committee prepared their own, embarrassing the city into starting the process.

Power said there was no real communication plan to “meaningfully involve the public,” charging lack of “significant outreach,” “insufficient notification.”

Power pointed out the Comprehensive Plan Review Committee appointed by the Mayor and Common Council had “no flexibility, no independent staff and no separate funding.”

“I regret these (your) efforts have not essentially involved anyone outside the Committee, with the exception of City officials, and no citizen task forces were established to involve other White Plains residents actively in their work.”

Power mocked the process: “How do you expect to make an objective analysis with your staff, the City staff, cannot be objective? No, you don’t perform an objective analysis without bringing in some objective expertise. And, you don’t do it without flexibility to look honestly at the problems, freedom to involve the citizens completely, and funding to accomplish those goals.”

He charged “the work of the Review Committee has been unduly influenced by City officials, which raises serious questions about the independence of the Committee – and, consequently, the value of the conclusions and recommendations. Too little opportunity existed for committee members to seriously entertain alternative ideas, analyses or suggestions.”

Power called on the Committee to look at “our declining tax base, our soaring downtown, our tax-fatigued schools, our tax-burdened citizens, our physical as well as human infrastructure, our escalating traffic, open space, housing, public safety and ALL those other issues like the St. Agnes Hospital grounds and New York Presbyterian Hospital and let’s not be afraid to ask independent experts to give us honest analyses and let all our interested citizens have an opportunity to participate.”

    Marc Pollitzer addressing the Committee.

Photo by WPCNR News.

Marc Pollitzer, the veteran city activist from the Southend scorched the committee for its faith in the city's financial acumen and analysis of budget policies presented  by the City Assessor, Budget Department and Finance Director. Pollitzer said he was at that meeting where the budgeters justified their policies and said “The fiscal irresponsibility was disgusting.” He rejected the Committee’s finding that the “fund balance had been preserved.” Pollitzer said “the fund balance must be maintained and this isn’t the way to do it, dipping into it (the fund balance) for the 4^th year in a row, or the 5^th.” The city tape recording, City Hall says shows Mr. Pollitzer did not actually say this, and further points out Pollitzer mentioned the fund balance was not apparently "dipped into" last year due to the surplus of $1.4 Million announced officially by the Mayor Tuesday night at the CNA meeting.They are getting a transcript. WPCNR will also check with Mr. Pollitzer.  Wood called the statement "libelous."

Mr. Pollitzer talking to WPCNR Thursday afternoon said he did not remember saying "The fiscal irresponsibility was disgusting," and clarified his remarks:

"What I did refer to was the evening they had the three members of staff discuss the financial situation of the city. There were real questions that arose then, that were not really asked properly or responded to by the committee members. One member asked a question more than once about understanding the explanation given. There was a look on the faces of the committee that they really didn't understand what was going on.

I think there really has to be a greater review of the financial matters. I didn't say that the sense of fiscal irresponsibility was digusting, frankly that's not a term I would use. I did question whether the information they got was really reflective of what the city's financial condition is.

I did refer to the fund balance. I referred to the 97 plan which referred to the fact that it should be preserved. There was no mention of how it should be, nor does anyone else have an idea. I think that has to be included in the recommendations of this Committee that there are some specific ways of doing that that has to be budgeted. I'm not capable of telling them how to do it, but I think that outside expert opinions might be helpful, or just refer to it as being necessary."

Pollitzer objected to locking the city into the present City Hall site which could be a key to a better way to develop the center of the downtown. He suggested merging the City School District with the City to provide a better way of financing public education, and to look at the issue of financing city schools. He warned against designating New York Presbyterian Hospital as a state historic site and called for the Committee to recommend using Eminent Domain on New York Presbyterian Hospital. Pollitzer said today Thursday that he felt the Hospital's designation as an historic site could be reviewed if the city goes to Albany with New York Presbyterian Hospital and requests that that designation be removed, that would give greater flexibility to the hospital and therefore the city in planning for that property for the future.

On the dipping quotation...Pollitzer remembers saying "dipping into it for probably a fifth year," but not the portion "that's not the way to do it."

'You're largely correct, but I don't use words like disgusting."

When the city supplies the transcript, WPCNR will be pleased to print the actual text of Mr. Pollitzer's remarks for the record.

The Man Who Started It All: Robert Levine, original member of the Citizens Plan Committee whose action prodded the city into starting their own review of the Comprehensive Plan three years late. Neither Levine nor his two other associates, Robert Stackpole and Michael Graessle were invited on the Comprehensive Plan Review Committee. Photo by WPCNR News.

Robert Levine one of the founders of the Citizens Plan Committee, (which WPCNR in the first edition of this article described as "defunct" in error), spoke in favor of more frequent planning intervals; demanded the Committee get better answers on availability of natural gas and electricity emergency supply in the future; and commented that the city has no design review process with any real influence, which he felt should be addressed.

Ted Peluso rose to suggest the city was right in keeping city hall where it is (255 Main Street)

Tom Roach rose to congratulate the committee on a fine job. Congratulated them on the reports, saying he was “impressed by the detail.” He said the process is “not over” and the public could comment again after the Common Council considers and renders its final version of the report for public comment.

John Martin and Mary Cavallero, Co-Chairs of the Comprehensive Plan Review Committee, closed the meeting saying the Committee would meet one more time to review the evening's public comments and then submit their report to the Common Council.