WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. November 22, 2006: In a work session last night, the Memorandum of Understanding on the New York Presbyterian Hospital land deal with the city, ( revised slightly) was redistributed to the Common Council by the Mayor's Office. It provided for one more acre of "free" park land from the hospital, (a total of 20.6 acres in all) and stipulated the hospital would reimburse the city for all its incurred costs should the hospital pull out of the deal at any time.

A legal opinion from Corporation Counsel Edward Dunphy justifying the city right under the charter to initiate and enter into the Memorandum of Understanding, was secretly distributed in sealed envelopes to all seven Members of the Common Council, but not to the media. The "opinion" justifies why the city legally has the ability to submit a subdivision plan to the Planning Board.

The press asked for a copy and Mr. Dunphy refused to give a copy to WPCNR because the opinion was attorney-client privilege, even though WPCNR suggested it was a rationale, for the Council entering into a Memorandum of Understanding and therefore a statement of policy. Dunphy said curtly, "You're not getting it."

Malmud Upholds Suppression of Legal Precedent

WPCNR asked Council President Rita Malmud if she would ask the council to waive their right of attorney-client privilege, in order that the media may have the legal opinion justifying the council's right to agree to a Memorandum of Understanding on the New York Presbyterian Hospital deal. Malmud said she had not read the opinion yet, but refused to commit to waiving the attorney-client privilege on the sensitive matter. The unprecedented Dunphy Doctrine remains a secret at this time.

Mayor Joseph Delfino told WPCNR Mr. Dunphy has jealously guarded the right of attorney-client privilege for eight years, and said he himself "had not read" the legal opinion justifying the city ability to subdivide for a property owner and enter into an agreement with a property owner on a subdivision before it went through the Planning Board.

Paul Wood, Executive Officer for the city, told WPCNR he would give WPCNR a synopsis of Mr. Dunphy's opinion Wednesday morning, rather than the actual opinion.

Sliding off the Table Before Its Time

The resolution on the Memorandium of Understanding (acquiring 6.5 acres of land for a park for the City, in exchange for a 126-unit subdivision on hospital property adjacent Bryant Avenue was officially tabled by the Common Council November 7 to be taken up on December 4.

A revised resolution was taken up Tuesday evening with no majority vote or any kind of vote whatsoever to untable the measure. Calls to the city legal department for a ruling on how the Council can take up a resolution they had tabled to a certain date could be revised and changed without any official council action were not returned.  As the matter was taken up no official action was made by the Council to "untable" the resolution.

20.6 acres -- 6.5 for park -- rest "buffer:"

The discussion on the Memorandum of Understanding began with Executive Officer Paul Wood explaining to the Council that the Mayor had negotiated an extra acre of free park land as part of the deal so that the amount of land preserved by law as open space would equal that of a normal subdivision rather than a conservation easement. Wood also said this brought to 20.6 acres the amount of land preserved, which consisted of 6.5 acres for city park and the balance "buffering" between the park and the subdivision. Councilman Benjamin Boykin raised the question of rather this was the maximum the city could get. Wood assured him it was it. "This is it," Wood said.

Wood reported that the city had clarified the matter of reimbursement to the city should the hospital pull out of the deal, saying the hospital had agreed to reimburse the city for all monies spent by the city in creating all the paperwork for the subdivision for the hospital, if New York Presbyterian Hospital pulled the plug on the Memorandum of Understanding "at any time."

Wood also seemed to satisfy the Council concern about the 99 year lease, indicating the Hospital had agreed to turn over the land to the city.

The council asked no other questions concerning the Memorandium of Understanding revision distributed to them. They took the sealed envelopes containing Edward Dunphy's secret legal opinion with them to examine.

The Mayor said he would reconvene the Council tentatively next Tuesday to get their comments back on the resolution.

MOU Could be approved if "Minor amendments"

Earlier Tuesday afternoon, WPCNR had asked Council President Malmud whether the previous Memorandum of Understanding had to be withdrawn and a new resolution submitted, thus delaying approval of the revised MOU past December 4. Ms. Malmud, in a prepared statement wrote:

If Council Members request MINOR changes to the MOU, that could be handled by simple amendments.  If Major changes are suggested, then possibly the legislation would be reintroduced.  Remember, this MOU does not legally require a Public Hearing before passage.

As of today, I do NOT believe that all seven members of the Common Council have already made up their minds about how they will vote on the MOU.  Many of them need more information before reaching a decision.   Most of this information has already been requested, but not yet received or fully detailed.