**15 YR OLD RYE BOY MISSING**
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BUILDING INSPECTOR ISSUES MAYOR PERMITS FOR PROPERTY THAT DOES NOT COMPLY WITH CITY ZONING CODE
In a stunning rebuke of the City of Rye Zoning code, LD10580 has learned that Building Inspector Maureen Eckman has issued building permits to Mayor Doug French for the legalization of his investment property at 13 Richard Place, despite the fact that the mayor's property does not meet a plethora of the city's zoning code regulations.
Two of the property's more egregious deficiencies jump off the front page of the site plan for 13 Richard Place, which was submitted by Crozier Gedney Architects of Rye (and obtained through a Freedom of Information Law request). On the site plan, Crozier Gedney calculates and lists the total existing lot area of the mayor's property to be 3,780 square feet. They also indicate that the minimum required total lot area for a single family house in the mayor's zone is 5,000 square feet–meaning the mayor's property is 220 square feet shy of meeting the minimum lot area requirement.
Zoning Code Deficiencies Abound
Rex B. Gedney, a well-known architect in town, who stamped and signed the plans, notes that the existing structures on the mayor's property have a Floor to Area Ratio (FAR) of .51. He also notes that the maximum allowable FAR for a house in the mayor's zone is .45–meaning the total square footage of the structures on the mayor's property exceed the maximum allowed by 13%.
Something the building inspector should have noticed.
Records at the City of Rye assessor's office–also available to the building inspector–provide further evidence of other zoning code deficiencies, as well. For example, the assessor's card shows that the property at 13 Richard Place has a lot width of 42 feet. A single family house in an RT zone, however, requires a minimum lot width of at least 50 feet. The assessor's card also shows that the house on the mayor's lot is 25 feet wide. Subtract that from the 42 feet of lot width and that equals a total of 17 feet in side yards. The minimum total side yard requirement for Hizzoner's property is 20 feet. Thus, the mayor is lacking again.
A mere visit to the property would strongly suggest that the existing structure does not conform with the minimum required front yard setback of 25 feet, or the minimum required one side yard setback of 8 feet.
Mayor's Plans Missing Key Calculations
Curiously, the site plan submitted by Mr. Gedney (click here to see) does not specify the setback information provided above. Instead, the plans simply offer "Existing" where a numerical value should be. For example, in regard to the total side yard setbacks, the plans read: "BOTH SIDES, REQUIRED: 20'; EXISTING: Existing." Instead of Existing, the correct answer would be 17 feet. Which would mean the mayor was 3 feet short of the code and in need of a variance.
Since Doug French has been mayor of Rye, the building department has required its residents to submit over 160 applications requesting more than 250 variances to the Zoning Board of Appeals (ZBA). Click Boards and Commissions > Board of Appeals > Agendas > 2010, 2011, 2012)
In each case–as the process dictates–residents who applied for building permits were first issued letters of denial from the building inspector. They were then required to apply for, and receive, the proper variances from the ZBA before finally receiving their building permits.
Every ZBA case document, like this one, begins with this statement: "The applicant(s), the property owner(s), applied for a building permit. That application was denied by a determination of the Rye building inspector..."
Rye Residents Sent to Zoning Board by The Hundreds
The ZBA application process involves an additional $300 fee, giving public notification to neighbors, hiring attorneys and/or architects, and pleading your case to the seven member board. Generally, the more variances you need, the less your chances of being approved.
Of the more than 160 applications we reviewed, there were: 69 applications for FAR variances; 47 applications for side yard variances; 118 applications for rear or front yard variances; one application for a lot width variance; and none for a lot area variance.
90% of the property owners that applied to the ZBA were requesting two variances or less. On the other end of the spectrum, only 4% of the applications filed were in need of four variances or more.
It appears that Mayor French would fall into that rarefied air, needing up to 6 possible variances: (1) Lot Area, (2) Lot Width, (3) Floor to Area Ratio, (4) One Side Yard Setback, (5) Total Side Yard Setbacks, and (6) Front Yard Setback.
Nevertheless, Ms. Eckman, the building inspector that was hand-picked and hired by City Manager Scott Pickup last fall just after news of the mayor's illegal building came to light–approved the mayor's building permit application as is. No denial letter. No need to go through the process of obtaining variances.
The permit itself declares that it was issued "subject to the provisions of all laws, codes, ordinances and rules and regulations of the City of Rye, County of Westchester and State of New York as applicable."
But a mountain of evidence says otherwise.
Owner Required to Obtain One-Inch Variance
Other Rye residents, like the owners of 88 Overlook Place, weren't as lucky. In 2010, they were required to obtain numerous variances, including a one-inch side yard variance, so they could put an addition on their house.
Mind you, Mayor French is legalizing an investment property that he's owned in violation of the code for 20 years. He's been generating $4,500 per month in rental income since Januaury 2000, from tenants who were illegally occupying the dwelling for the past 12 years–including the last 2+ years that he's been mayor.
In 2011, unlike now with the mayor, homeowners at 630 Forest Avenue, 65 Parkway Drive and 9 Philips Lane were required to request and receive Floor to Area Ratio, Front Yard, Rear Yard and Side Yard variances to legalize existing sheds, pools and decks on their property.
Last year, the owners of 5 Oneida Street were required to obtain a 7.75 ft. front yard variance simply to replace their front steps.
Even those Rye residents victimized by Hurricane Irene were not spared being held to the strictest letter of the law.
Flooding Victims Forced to Wade Through ZBA
Dealing with financial and personal losses caused by flooding, and the new hardsip of having to repair their damaged homes, homeowners at 26 Mohawk St; 95 Wappanocca Ave; 49 Brookdale Pl; 122 Mendota Ave; 151 Purchase St; and more, were required to obtain Floor to Area Ratio, Front, Rear, and Side Yard variances from the ZBA before being issued building permits to perform the work required to meet FEMA flood elevation regulations.
Why Ms. Eckman gave Mayor French a free pass on the City of Rye's Residential Zoning Code requirements when every other homeowner in Rye must comply with it remains a mystery.
We asked Ms. Eckman to address questions regarding this very issue months ago. She refused to answer our questions then, referring us to corporation counsel Kristen Wilson instead.
We emailed Ms. Wilson back on February 21, 2011, and requested she "Please explain what specifically exempts 13 Richard Place from meeting the proper City of Rye Zoning Code requirements for Residential Districts."
Ms. Wilson, everybody at once now... never responded to our request.
A SIGN FOR JARRID
On April 17 2006, 10-year-old Jarrid Amico was struck and killed by a car on Midland Avenue in Rye. For the next six years, Jarrid's dad Jim would find himself at the crossroads of his own life, locked in a battle with two city administrations, three city managers, and Westchester County to have a stop sign installed at the intersection that took his son's life.
In a unanimous vote leading up to last November's election, the Rye City Council approved an 8 to 12 week pilot program to would allow for the installation of stops signs on Midland at the corner of Palisade Road.
Today those stop signs were finally anchored in the ground.
Right beside one of the big, bright, shiny, new red signs was Rye's Finest–ready to assist motorists in acclimating themselves to the new traffic pattern (at least one fellow driver was pulled over for possibly rolling through the intersection while we were at the scene). So drivers beware.
Speed studies will be conducted during the test period and a report will be issued to the city council with a final recommendation before permanent installation of the sign is officially approved.
Until then, we're pretty sure Mr. Amico (who along with is wife, at times, poured their hearts out to the community) would tell you that today wasn't a victory for him, or even just for Jarrid, but that today was a victory for all the children in Rye.
UPDATE – From Mr. Amico: "The RPD is doing everything expected of them with the installation of the Stop Signs and we appreciate their efforts 10 fold! I am happy for the closure this has brought me & my family, I will be taking a much needed break from City Hall & returning in September with my focus & goals on keeping the children out of harms way"!!!
INSIDE THE CITY MANAGER'S "COLD, DARK HEART"
The first commandment of the City of Rye Policy for Automated Systems reads, "All computer resources, automated systems and facilities of the City of Rye shall be used solely for City business-related purposes, not for personal or business entertainment." Enforcing that dictate in today's techno-crazed world is tough. Especially since it was written in 1999 and last revised in 2003. That'd be before Facebook. Before You Tube. Before Twitter. Before anyone could access the internet, email, text, Skpe, take pictures, or record a video for the whole world to see via a hand-held device.
But that didn't stop City Manager Scott Pickup from dusting off the old dial-up-era doctrine and using it to serve a written reprimand to the city employee who blew the whistle on him.
It now appears, however, that Mr. Pickup may have to reprimand himself for violating that very same policy–unless using city owned computers, on city time, to engage anonymous blog-mentators with quips like: "Perhaps you could find some space in that cold, dark heart to feel some compassion for a fellow human being," is how the City of Rye now conducts the people's business.
The "Cold, Dark" Details
The "cold, dark" comment was posted at 4:12 pm on Friday, May 11, 2012 to the Rye Patch comments feed and was authored by someone who called themself 'Scott Pickup'. It was posted in reponse to a comment left by the phony-named 'Rye Dad'–who espoused some pretty wild, unfounded, conspiracy theories regarding Councilwoman Suzanna Keith's recent visit to the headquarters of Rye's Finest.
The Keith Report
In that regard, here are the facts, as we found them, written into the police blotter at 21 McCullough Place: SATURDAY - MAY 5TH, 11:07 PM: " Redacted stated he found Mrs. Keith asking for the police department and assisted her into HQ. Aided [Ms. Keith] walked into HQ and stated she was not feeling well. Monitored Aided's condition. EMS transported Aided to Greenwich Hosp, CT."
Ms. Keith was absent from the council meeting on May 9th. Mayor French said her absence "was due to the toll taken by travelling between Rye and her new-hometown-to-be in Houston." Two days later, Ms. Keith's husband contacted the Rye Patch reiterating that statement, thanking everyone for their well wishes, and letting them know that Ms. Keith was "doing fine."
Mr. Pickup's Confession & His Sarah Palin Moment
"I do in fact read and occasionally post on My Rye, The Daily Rye and Rye Patch," offered Mr. Pickup in response to an email (which was cc'd to the entire city council and local press) asking if he was the 'Scott Pickup' who commented on the Patch.
"I also read and follow the Rye Record, the Sound Shore Review, the Journal News and the digital version of the New York Times. I also try and keep up with the Wall Street Journal. Thanks for your interest," snarked Mr. Pickup–who seemed to be enjoying some weird Katie Couric-Sarah Palin moment with himself.
City Code OKs Employee's Use of City Equipment?
For his part, Mr. Dapolite readily admits that he used Rye TV computers to upload non-city video projects he'd shot–which he says is a common and acceptable practice in the studio. The RTV production coordinator also pointed out that he would regularly edit city videos, like The Council Project, on his personal computer before and after work hours.
Interestingly, Mr. Dapolite's personal use of the Rye TV facilities would appear to be permitted, if not protected, under Rye City Code.
Section 15-11(b) - Use of City Employees or Public Property, states in part: "No officer or employee of the city shall request or permit the use of... equipment, materials or property for personal convenience or profit, except when such services are available to the public generally."
You'd think the city manager or corporation counsel would know about this, wouldn't you?
Rye TV is PUBLIC ACCESS television. It exists for the public's use, period. Read the Rye TV Policy and Procedures Manual for yourself.
The computer in Mr. Pickup's office–by contrast–is not generally available to the public.
Compassion for a Fellow Human Being
Once upon a time, there was an elderly World War II veteran. He fought the city government in Rye like he fought the fascist in the Pacific Theater. The retired United States Navy commander was hell-bent on making the city accept responsibility for what he believed was a violation of the wetlands code; causing the ruination of his garden pond.
The city gave him hell right back. But that didn't stop him.
They sent mental health experts to his home. That backfired.
The city manager had this man–the captain of the first US Navy vessel to enter Nagasaki, Japan, after the detonation of the second atomic bomb–arrested.
They bannished him from City Hall.
As he lay dying in his home on Forest Avenue earlier this year, his wife called the city repeatedly in an attempt to ask them to drop the charges against her husband, so he could die with the honor in which he lived.
The City Manager, Scott Pickup, refused to even return her calls.
Bob Shubert passed away on January 5, 2012. He was 88-years-old.
Look in the Mirror
Perhaps City Manager Pickup could have found some space inside his own heart to ease the pain of a dying man, a dying breed, the 'Greatest Generation'–even though he and Mr. Shubert became adversaries in this life.
Perhaps Mr. Pickup can find some space inside his own heart now–after 95 days of silence–to tell Rye's 15,000 residents that he didn't steal the truth from them, by concealing the video of a controversial meeting.
That he didn't know Nicole Levitsky was lying to the public.
Or maybe Mr. Pickup will find some space inside his own heart to admit the allegations are true, to stop retaliating against his new 23-year-old adversary, and to apologize.
For now, it seems the city manager is content to sit behind his desk and spend his time judging what's inside the hearts of others. The nameless, the faceless, the aliased. The cold, dark hearted.
Must beat looking yourself in the mirror, even if it is on city time.
LIE MFAO! City Hall Can't Hide Brazen Lies in Mayor's Council Updates–GOP Must Be Proud
-----Original Message-----
From: XXXXX
Sent: Tuesday, May 01, 2012 5:10 PM
To: Nodarse, Dawn
Subject: FOIL: NO ILLEGAL CONSTRUCTION AT 13 RICHARD PLACE
Ms. Nodarse:
Please find my FOIL request below. Thank you -XXXXX
---------------------------------------------------------------------------------
REQUEST FOR RECORDS BY E-MAIL FOIL REQUEST
Dear Records Access Officer of the City of Rye:
(1) PLEASE EMAIL THE FOLLOWING RECORDS IF POSSIBLE:
a. The specific documentation from the building inspector that deemed (or stated or indicated in any way at all) that there was no illegal construction that took place at the property at 13 Richard Place (as published in the city council update by Mayor French 5/1/12).
b. Any documentation anywhere in city hall at all that supports the following statement published by Mayor Doug French on 5/1/12 regarding 13 Richard Place: "There was no illegal construction at the property as deemed by the building inspector."
(2) PLEASE ADVISE ME OF THE APPROPRIATE TIME DURING NORMAL BUSINESS HOURS FOR INSPECTING THE FOLLOWING RECORDS PRIOR TO OBTAINING COPIES...
__________________________________________________
RE: FOIL: NO ILLEGAL CONSTRUCTION AT
13 RICHARD PLACE
Nodarse, Dawn [dnodarse@ryeny.gov]
| Sent: | Thursday, May 03, 2012 4:50 PM |
| To: |
xxxxx
|
| Cc: |
Wilson, Kristen K.; Eckman, Maureen
|
Dear Mr. XXXXX:
There is no document responsive to your FOIL request.
___________________________________________________
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence." - John Adams
Mayor French's Bldg Dept Violations -12/23/11
Mayor French's Check in Payment of Fines & Fees - 2/7/12
2012 City Budget - Bldg Dept Fines & Penalties (Pg 225)
HURRICANE LARRY: Engineer Quits 'Politicized' Flood Cmte–Slams Mayor; Says Sluice Gate 'Very Contractor Friendly'
April 18, 2012– My name is Lawrence Lehman... I've lived in the same house for 42 years and in and around Rye for 50 years–despite my obvious youth. I'm afraid I'm going to detract from some of the levity here tonight. My comments are basically directed at the mayor.
You appointed me to the Flood Advisory Commission as the vice chairman and a member sometime in January. I'm a registered professional engineer in the state of New York and I've been a consulting engineer most of my life.
I know a great deal about flooding and more about flooding in Rye. I found it necessary on the 9th of September–I have the letter in front of me–to submit my resignation. I submitted it to Scott Pickup because I thought that was the proper thing to do. I also submitted a copy of the letter to you in a separate envelope.
I've lived through about seven mayors. They've lived through me. However, it has always been my understanding that when a letter is submitted to the mayor at the City Hall address it is, a soon a practical, transmitted to the members of the council–for logical reasons that are obvious, it eliminates the need for any citizen having to write seven letters.
I was told by the city manager that letter was sent on to you. It was not news to anybody I think because exactly a week before that I met with the city manager for at least an hour, outlined the problems I saw with the commission as it was constituted, and told him that unless there was a change of leadership in that commission I would not be able to continue as a member. He said he would communicate that you and that you would get back to me on it–which I fully expected to happen. It didn't happen. The good news is I won a quarter because I bet him a quarter I wouldn't hear from you.
THERE IS NO MORE PRESSING ISSUE IN RYE THAN FLOODING
To go back in time–I won't take too much of your time–but this is a serious matter, there is no more pressing issue in Rye than flooding. Sometime, about a month after the flood in '11 from Hurricane Irene [video], I twice met with you and the city manager. We had good meetings I thought and I encouraged you to form a permanent flood advisory committee instead of the ad hoc committee composed mostly of people whose houses have been flooded–who understandably were more than upset. In January, when the new council sat, you did in fact form that committee and within a couple of weeks thereafter you named, I believe, seven people to the committee including me.
FLOOD COMMITTEE HAS BEEN POLITICIZED
I am the only engineer on that committee who has practiced engineering. I headed a large engineering firm. When that happened I was a little bit concerned because I felt if any committee in this city should not be politicized, that was the committee. Flooding in Rye is not a political issue, never has been, never should be. But I was concerned that the leadership of that committee might be political.
I was born at night but not last night. The person named to be chairman, who has always been a gentleman–he's always very civil to me–was clearly someone in the political end of the spectrum. He had lost the council seat by five or six votes. I admire the man, he's very good to me, but he's in the wrong job at the wrong time.
However, that's not my call. I asked Scott to communicate that to you, not having heard from you, I submitted this letter on the 9th of April, which is a week ago Monday.
YOU'RE STANDING ON THE BOW OF A SINKING SHIP
Scott said that he would distribute it before the meeting–which you may have had last week–the last I heard he was going to put it "in the package you get on Friday." When I spoke to one of the council people on Monday I heard that is wasn't in the package. That began to frustrate and annoy me. When I talked to Scott about it, he advised me that he'd been advised to keep it out.
I don't advise him.
He then said that he would circulate it before this meeting. I remember my exact words to Scott, I said, "Scott, I'm a friend of yours. I've tried to help you. But I think you're standing on the bow of a sinking ship." He then decided that he would circulate it on his own since one of the letters was addressed to him.
I think I'm more disturbed about that whole episode now than I am about how the committee is constituted. I can't do anything about that. If the ruling was informal that any letter to the mayor, sent to city hall, should be as soon as practical, sent to the council was informal then it should be formalized.
The thing that upsets me more than anything else is that I have deep regrets about leaving this committee because two of the people on it are not only friends of mine, they serve with me on the Library Board and are residents of Indian Village.
SLUICE GATE PLANS ARE 'VERY CONTRACTOR FRIENDLY'
I had another consideration which my attorney reminded me of, I am a former chairman of the New York's State Board of Professional Engineers and Land Surveyors, whose sole function is to monitor the professional activities of engineers and land surveyors in this state. There is a provision in the state education law that if a professional engineer, whether he's been retained or not, is present at a time when some decision is made–that in the commission's opinion, the oversight commission–he should have had something to say about it, his license can be revoked.
I got so upset when I heard that, that I immediately reviewed the plans that had already been let for the sluice gate–the thing's been let I don't want it reversed, it's helpful. However, if they'd been reviewed in the city, it's hard to believe since the city was very short staffed, you have no city engineer, the assistant city engineer was doing the work of 20 people.
When I reviewed the plans and specs I wrote a two page memo to the city manager because there are things in those plans and specs, that to use my language in construction, are very contractor friendly. It wouldn't surprise me at all, despite the bids being close, if there were substantial overruns in that contract.
I spent the weekend reviewing those plans and specs. But the reason I'm here tonight is, I can't do anything about what's happened in the past, I certainly can try and do something about what happens in the future. When someone communicates with the highest officer in this city, directly at city hall, but no one else hears about it, it puzzles me and disturbs me.
MAYOR FRENCH OPENS HIS MOUTH, LARRY LEHMAN SHUTS IT
[Mayor French offered some excuse about the timing of when he receives his emails and something about the liaison to the flood committee and... Hurricane Larry came ashore.]
I don't mean to interrupt you and I didn't intend to engage you in dialogue. I don't enjoy doing things like this. But I am a professional. And there have been at least three occasions when I've told Scott something and he's said to me, "I've told this to the mayor and he will speak to you." That never happened.
I understand English perfectly, I was born here. I realize there are other problems in this city but in my opinion there is no greater problem in this city than flooding and we are going into the flooding season.
Thank you. {The End}
ETHICS BOARD REPORT: Public's Faith in Integrity of Rye City Govt May Be Eroded
This is not what you expect to hear from two of your biggest campaign donors, one of which led the committee that chose you to run for mayor. Yet, once again, it was Mayor French and his Republican-led Change for Rye council who were blasted for their less than honorable actions–this time, by the friendly Board of Ethics.
In the board's April 18th "interim report" to the city council, Chairwoman Beth Matthews writes, "we believe that public faith in the integrity of the Rye City government, its officers and employees may be eroded by the less-than-civil tone of the Council discussions on the matter referred to us. The adversarial nature of the interactions during the council meetings risks undermining public confidence in your actions."
It was the city council that refused its duty to investigate a city employee's seven page re-telling of how, he claims, City Manager Scott Pickup and Rye TV Public Access Coordinator Nicole Levitsky concealed the video tape of a controversial open meeting from elected officials and the public.
Instead of investigating, the city council referred the matter to the unelected, impotent Board of Ethics–which has no power to investigate anything.
The charges against Mr. Pickup and Ms. Levitsky are serious. According to NY State law, concealing a public record falls within the definition of 'Tampering with a public record,' which is a class D felony, punishable by up to seven years in State prison.
Mr. Pickup is the most powerful man in the city. Even casual observers of city council meetings may recall this phrase: "We are a city manager form of government." That used to be Mayor French's favorite way of shifting responsibility from himself to Mr. Pickup–until Mr. Pickup flew too close to the Mayor French's illegal building and tax evasion scandals–thus tarnishing himself with the mayor's own brush.
At the same time, it was discovered that Mr. Pickup did absolutely nothing upon learning that City Comptroller, Jean Gribbons, accidentally disclosed the social security numbers of every city employee in response to February FOIL request. After we broke the story, the city was forced to do a 180, notifying all employees of the leak and purchasing identity theft protection for each; at a cost of over $6,500 to the taxpayers.
All the while, Mr. Pickup was also busy giving everyone the impression that he had recused himself from Mayor French's two Ethics Board hearings on one hand, while actually participating in both of them on the other hand. Amazingly, not one member of the city council challenged Mr. Pickup in this regard.
Even more amazingly, the Ethics Board (with zero authority to do so) then "determined" that Mayor French had received no special treatment from Mr. Pickup or his staff staff in dealing with the mayor's very real illegal building activities and evasive tax maneuvers.
Robert Freeman, the Executive Director of New York State's Committee on Open Government came to town in May and exposed the sham that was His Honor's "exoneration," leaving no doubt that the Ethics Board acted improperly.
Since then, even the Chair of the Ethics Board has admitted her board has no power to conduct investigations or to determine anything. Which hasn't stopped Mayor French from running around town, like a third grader, saying no illegal building took place at this property (even though he was fined $1000 and issued two violations for exactly that).
"The degree to which confrontation has been accepted in place of thoughtful dialogue has also encouraged and exacerbated attempts by certain individuals unrelated to the issue to interfere with our proceedings," concluded Ms. Matthews report.
Those individuals would be members of the public. Those individuals would be you, or your supporters, should you one day find yourself at odds with the city council or the city manager.
Mr. Pickup is currently being protected by Peter Jovanovich, Suzanna Keith, Richard Filippi and Mayor French (the first ever sitting mayor in the history of Rye caught for illegal building and/or failing to pay his taxes to three separate levels of govt: the city, county and state).
Eventually, somebody will pay the price for this, even the Ethics Board has figured that out. So far, however, the only toll exacted has been on Rye... her proud reputation... and her citizens.
THE SECRET SALE OF 1037 BOSTON POST ROAD
IS FRENCH ADMIN ABUSING EXEC SESSION?
They promised a memo would "be distributed [to the public] describing the property and specifying the terms of any offer" made by Lester’s of Rye's to purchase the city-owned property at 1037 Boston Post Rd. Yet, when the City Council met again in executive session a week later, no such document concerning the sale of the controversial property had been made available.
A mere forty-five seconds into the start a short-noticed Special Meeting of the Rye City Council, Mayor French's motion to head into executive session was rebuffed. First by Councilman Sack, who wanted to make sure no vote would take place until the public had been informed, then by a surprisingly determined Councilwoman Keith, who spoke up for the public's right to be heard–a sentiment supported by Councilwoman Brett.
So those in attendance, like Ted Carroll (a.k.a. tedc), had their say–then the city council scrambled into executive session to discuss what was called, "real estate matters."
An Abuse of Exec Session?
The only problem is, "real estate matters" is not enough of an excuse for a government to do the people's business behind closed doors.
Section §105 of the NYS Open Meetings Law clearly states, in part:
"A public body may conduct an executive session for... (h) the proposed acquisition, sale or lease of real property... held by such public body, but only when publicity would substantially affect the value thereof."
The key phrase there is, 'but only when publicity would substantially affect the value thereof.' How could the public's knowledge of Lester's bid to purchase 1037 BPR substantially affect the property's value?
Might another potential buyer for the building, upon learning what Lester's is willing to pay, rush in and substantially UNDER bid them? And would the city be obligated to accept the substantially less offer? Of course not.
Awareness Brings In Top Dollar
In real estate, awareness creates interest. Which attracts buyers. Which creates a competitive environment. Which produces the most serious and qualified offers. Which brings in top dollar. That is how real estate generally works in the real world (or the private sector).
The government, of course, does it their own way. Backwards.
In this case, the city is saying they have somehow found the single most ready, willing and able buyer–whose offer represents the absolute top dollar figure the market will bear–without ever employing a single free-market strategy over any period of time to ensure this was the case. In real estate, you don't maximize your return on investment by keeping the sale of your asset a secret. You tell the world about it!
We've seen how Mayor French handles his own real estate transactions: misrepresentations, illegal occupancies, tax evasions, illegal alterations, liens, warrants, fines, yelling, etc.
Representation by an experienced commercial real estate broker might benefit the city greatly in this regard, 1037 BPR is a multi-million dollar property after all–even if it is sold at a loss.
Or in secret.
NEW YORK STATE ISSUES TAX WARRANT TO MAYOR OF RYE; PLACED LIEN ON HIS PROPERTY
French Fails to Pay Taxes
He owned and operated an illegal investment property in Rye for 12 years before the city got hip and issued him violations. It would be 8 more months before he'd pay the corresponding $1000 fine. He enjoyed one too many school tax exemptions for over a decade. Three months ago (or eleven years later) he was finally forced to pay $ 16,894 in restitutions to Westchester County. Now, LD10580 has learned, through recently filed public records, that New York State's Department of Taxation and Finance was forced to place a lien against the real and personal property of City of Rye Mayor, Douglas H. French–from November 2011 to February 2012–for his failure to pay taxes owed to the state.
It's believed that this action by the state against Mayor French–the darling of the Rye Republican Party–would make him the first sitting mayor in the history of Rye forced to repay past due taxes plus interest, penalties and/or fines to three separate levels of government: the city, county and state. Over $18,000 in total, all paid in February 2012.
Mayor's Tax Warrant
According to the NYS Department of Taxation and Finance, "A tax warrant is a legal action against you and creates a lien against your real and personal property." The state further explains that a warrant is "a public record stating that you owe taxes to New York State" and that the state has "the right to collect your debt through a levy, income execution, and seizure and sale of property."
Mayor French's warrant was filed in the Westchester County Courthouse and Department of State on November 29, 2011. It read in part, "We command you to file a copy of this warrant within five days after its receipt by you... And we further command that you satisfy said claim of said Commissioner of Taxation and Finance for said tax with penalties and interest out of the real and personal property in said county belonging to said debtor."
Mr. French: A Pattern Emerges
Unlike the monies he was forced to pay in relation to his building code violations and unlawful school tax reductions–which emanated from the discovery of the mayor's illegal rental property at 13 Richard Place–the origin of the $219.30 in outstanding taxes, interest and penalties that remained "wholly unpaid" until February of this year is unknown. That's because the mayor's personal income tax returns are just that, personal.
It's public knowledge [view 1:20 mins in] that Mayor French has been collecting $4,500/month in rental income on his illegal property at 13 Richard Place since January, 2000. Over a span of 12 years, that number balloons to the neighborhood of $600,000-$700,000 worth of personal income collected by Mr. French through his illegal abode.
Chapter 15-2 of the Rye City code states, "No officer or employee of the city shall have any interest, financial or otherwise, direct or indirect or engage in any business or transaction or professional activity or incur any obligation of any nature which is in conflict with or might reasonably tend to conflict with the proper discharge of his duties in the public interest."
Despite that fact, Mayor French–who has been described as being "full of sh*t" by a city employee–has not been made to account for one penny of the personal income he's generated from a house in violation of the very city code he was elected to uphold. Of course, the mayor has no obligation to release such personal information.
Meanwhile, a pattern of Mr. French's behavior in the form of violations, past due taxes, liens, penalties and fines has emerged–while "The Stain" on Rye continues to grow.
French Revolution: Mayor Challenges GOP Leadership
Mayor Doug French(R), who was caught profiting from an illegal rental property he owns in Rye while he's been mayor, and who recently paid over $16,000 in restitutions for ten years worth of improper school tax reductions, has now been busted trying to circumvent the authority of city and county Republican Party leaders.
LD10580 has learned that the mayor–who's been called "full of sh*t, afraid, awful and embarrassing" by a city employee–had arranged for a private meeting at his home with a very small group of local GOP party-goers and Rye City Council members still supportive of him, including councilmen Peter Jovanovich and Richard Filippi. Expected to be discussed was the upcoming vacant council seat as well as Mr. French's internal party struggles.
Unfortunately for His Honor, operational security was blown once those in leadership positions, who were not invited, were alerted that the covert meeting was to take place. The April 23rd get together has since been moved from the Mayor's legal abode to the Rye Recreation Center, a venue large enough to accomodate a full slate of GOP power brokers.
No word yet if Rye Democrats would welcome Monsieur French (who used the dreaded Mr. Floaty to defeat their incumbent Steve Otis two years ago) to their ticket for the 2013 election should he wish to switch teams.
$76,000/year For This? RTV Shuts Down Live Twitter Feed
Inundated with tweets regarding a possible $9,000 payoff to a RTV staffer/whistle blower to make accusations against her go away, embattled Rye TV Accesss Coordinator, Nicole Levitsky, pulled the @RyeTV Twitter feed down yesterday.
When the feed came back up all the tweets critical of Ms. Levitsky's plight were deleted, and the feed now no longer takes incoming tweets form the public. Instead, old Tweets from Rye TV, such as this Jan 26th Earth shatterer: "John Carey to host Rye Pundits show in Feb" play in a constant loop. Ms. Levitsky also recently oversaw the construction of a brand new Public Access Web Channel, however, it is impossible to access the site from the city web page because there are no links to it. That channel is currently running the improbable smash hit, '13 Richard Place: Mayor French's Illegal Abode'.
Ms. Levitsky, who earns $76,000 per year, stands accused of concealing and tampering with a public record–a class D felony punishable by up to 7 years in state prison. Ms. Levitsky, protected by a city council that refuses to investigate the charges against her, hasn't been made to answer a single question regarding the the allegations made against her for 65 days now. This is Nicole. And this is Nicole, as well.
City Council Finds $9,000 to Make Dapolite Disappear
Rather than Investigate, Council Focuses on Making Charges Against City Mngr Go Away: "Andrew withdrawing the complaint remains a primary issue for the City."
They refuse to investigate charges of corruption against their hand-picked city manager. They say they have no need, nor the money, to hire an independent counsel to conduct a proper investigation. They say nobody really cares. And that they won't spend a dime to ensure due process for all–the bedrock of democracy–until they have found a way to pay for the crumbling sidewalks on the King's Highway.
Yet somehow, the cash-strapped Rye City Council, led by Republican Mayor Doug French, has found 9,000 taxpayer dollars to make whistle-blower Andrew Dapolite go away.
City Council Getting 'Comfy' with $9,000 Figure
The shocking revelation came on Thursday, April 12th. That's when, sources close to the situation say, City of Rye attorney Kristen Wilson notified the parties involved, in writing, that "some progress [had been made] with some of the City Council members" and that those members were becoming more comfortable "with the $9,000 figure" as part of a separation agreement between the city and the whistle-blower.
It is unclear which specific city council members Ms. Wilson had contact with, or if the entire city council was consulted.
Mr. Dapolite has accused his boss, Nicole Levitsky, and City Manager Scott Pickup, of concealing a public record (a video taped recording of an open meeting) from elected officials and the general public. Dapolite has also accused Ms. Levitsky of asking him to lie about the video tape's existence and tampering with the recording by lowering the volume by 7 decibels to make it less audible. Tampering with a public record is a class D felony in New York State, punishable by up to seven years in prison.
The Accused: Pickup, Levitsky Blow Off Ethics Board
Mr. Pickup and Ms. Levitsky did not show up at the April 12th Ethics Board meeting to face their accuser. The Ethics Board is an impotent body with no power to issue subpoenas, compel witnesses, administer oaths, take testimony or conduct investigations. Therefore, the pair was able to simply blow them off with no repercussions.
Mr. Pickup and Ms. Levitsky have gone over two months now without having to answer a single question regarding the serious allegations made against them.
The City Works to Make Complaint Vanish
In the meantime, instead of trying to determine if the city manager and the RTV access coordinator did what they are accused of doing, the city has been working feverishly behind the scenes to rid themselves of the pesky 23-year old Dapolite.
"Andrew withdrawing the complaint remains a primary issue for the City," is how a late-March correspondence from a representative of the city to Camp Dapolite read, "Is this off the table?"
The city then demanded that Mr. Dapolite respond to a settlement offer by the end of business hours on Wednesday, April 4th–which would allow the city council to approve the deal later that evening in executive session. Case closed.
The dollar figure being bandied about at the time was less than $3,000, according to sources. The real sticking point, however, was not money but Mr. Dapolite's absolute opposition to withdrawing his complaint as part of the agreement.
Dapolite refused to take his complaint off the table. By 5:00pm, the City of Rye knew they had no deal.
The $9,000 Carrot is Dangled
Mr. Dapolite has since been represented by Former Judge and Rye Mayor, John Carey. Mr. Carey promptly confirmed with the Rye Patch that Mr. Dapolite had been contacted about leaving his position with the city, but he said, "Those discussions are over,” adding that his client would leave Rye TV over Mr. Carey's "dead body."
Moments after that quote hit the internet the city's shiny new $9,000 carrot appeared on the table.
Jovanovich Refuses to Spend Money to Fix Process
"I would vote to spend money on the process after we made the walk way around Boston Post Road safe... and after we've done something about flooding I may spend a dime on a lawyer," said an incredulous Deputy Mayor Peter Jovanovich at the March 14th City Council meeting.
"I have a feeling that most of the citizens would feel, let me get this straight, you can't even spend $10,000 to $20,000 to fix sidewalks and you're going to hire outside attorney's to fix the process?" continued the deputy mayor, "The process can wait."
Or maybe, somehow, Dapolite will just disappear.
LOCKED & LOADED: Dapolite Armed With Evidence
Dapolite Faces Ethics Board in Executive Session Without Counsel; But Armed With a Mountain of Evidence
Scott Pickup, the city manager accused of concealing the recording of a public meeting from elected city officials did not show.
Nicole Levitsky, the Rye TV Public Access Coordinator accused of lying to the public, asking Mr. Dapolite to lie and tampering with a public record–a class D felony punishable by up to seven years in state prison–did not show.
Vince Toomey, the city's high-powered labor relations attorney who was filmed running upstairs to the accused city manager's office immediately following the last Ethics Board meeting wasn't anywhere to be seen.
Still, 23-yr old City of Rye employee, Andrew Dapolite voluntarily showed up at today's Ethics Meeting, clutching a stack of papers 3 to 4 inches thick. What he would call "evidence". Mr. Dapolite was joined by his counsel, former mayor and judge, John Carey. But not for long.
After 2 minutes and 45 seconds the Board would break into executive session.
Mr. Dapolite would not be allowed to have Mr. Carey present during the executive session, but was free to leave the room and confer with him should he have needed to.
Of course, it was out of the ordinary for an accuser to recount his accusations without being sworn to tell the truth under oath. And it's out of the ordinary for the accused to not be present to hear the charges against them, or to have a chance to respond.
But then again, the Board of Ethics is operating way outside it's scope of authority to begin with, being that they have no power to compel witnesses, take testimony or to conduct investigations. So what the heck.
The closed door session lasted for two hours.
When the board returned, Chairwoman Beth Matthews simply stated that the board would meet again on April 18th at 10:00am. She said, "it is anticipated that we may invite other people to speak with us at that time."
April 18th will mark nine weeks since Scott Pickup and Nicole Levitsky have been accused of concealing public records, lying to elected officials, lying to the public and tampering with a public record.
So far, they have not been compelled to answer a single question regarding the allegations, protected by a city council that refuses to investigate the matter.
One thing is for sure, should they decide to finally show up next week, Mr. Dapolite will be there as well–accompanied by his mountain of evidence.
City Mngr, Levitsky to Blow Off Ethics Board; Evade Questioning
They have no power to compel people to come before them and tell the truth. They have no power administer oaths or take testimony. They have no power to determine fact from fiction. The Ethics Board simply has no power–and the city manager knows it.
When at the conclusion of the last Ethics Board meeting, Chairwoman Beth Matthews told the public she would, "allow an opportunity for the principals to present factual input to us at our next meeting," she knew full well she had no power to compel those 'principals' to come forward.
Now LD10580 has learned that the two accused individuals, City Manager Scott Pickup and Rye TV Public Access Coordinator Nicole Levitsky (despite the heightened public attention brought to the matter) will not make themselves available to the Ethics Board two days from now.
The revelation came in an April 6th email from Chairwoman Matthews to Dapolite's counsel. Ms. Matthews wrote:
"This will be an informal discussion attended only by the three members of our Board and Mr. Dapolite... At a later date, we will likely meet in a similar informal setting with other individuals who can offer us additional factual information."
An informal setting sounds nice.
Would you like some tea Mr. Pickup? Crumpets Nicole? Here's some nice relaxing music, and slippers for both of you.
Oh Scott, by the way, any chance you concealed a requested public record from Mr. Sack, a duly elected city official? We hate to pry, but you know that Dapolite boy, he's been telling everyone you told him some members of the council didn't want those meetings recorded. And–this is the crazy part–he says you told him the mayor and Mr. Sack have been at odds for a while now over the video taping of such meetings. Is that true?
You'd like to watch ESPN you say? No problem, here ya go.
You know Scott, it was Mayor French who sent this big mess to us in the first place, even though he knows we have no power to investigate this. You think he wants another solid like we did for you guys last time on his building and tax violations? That was a close one, the public is getting hip to this. Since then, we've been forced to admit we can't determine anything you know.
Cocktails anyone?
Now Nicole, sweetie, if you don't mind, just lift your feet up so we can slide this pillow under there. Good. Bon-Bons? Sure, here you go. Now Nicole, let's see... oh yes, there is this little matter of a recorded phone conversation. Is this you telling a wittle fibby-wibby to a Rye resident who asked if you had video taped the workshop meeting?
On the tape it says, "this is Nicole." And that Nicole denys she ever video taped the meeting. Not once, not twice, but three times. Yes, that is bad. And you know that Dapolite boy, he might claim that recording blows to smithereens what you've been saying, you know, that you did record the meeting but only as a backup.
"If Mr. Dapolite wishes to participate in this manner, you or he should advise us immediately in writing. If he declines, he is welcome to submit an additional written statement, which we will consider," Ms. Matthews wrote, "I anticipate that we will conduct our April 12 meeting largely in executive session..."
With no tea. No crumpets. No city manager. No Nicole. No Bon-Bons.
Just Andrew Dapolite, the 23-yr old employee who already submitted over 3,500 words of written testimony against his boss and the city manager, who two months later, still have not been questioned once regarding the allegations against them.
Alfano Confronts Whistleblower: Says Dapolite Immature; Criticizes Choice to File Ethics Complaint
Two weeks before addressing Andrew Dapolite's scolding seven page complaint of alleged unethical behavior by city officials, Board of Ethics member John Alfano confronted the whistleblower, telling him that he suffered from "a lack of maturity" and questioning his choice to file an ethical complaint against the city manager in the first place.
"You could have accomplished the same thing with a phone call," scolded the former judge as he and Mr. Dapolite stood in the Middle School Gym during the school bond vote on March 13. The exchange was overheard by at least one other poll-goer and confirmed by Dapolite himself.
In his defense, Mr. Dapolite said he explained that he did contact his boss, Nicole Levitsky, by phone and through email, to communicate that he was not willing to lie in order to conceal the unreleased recording of an open meeting–which Dapolite claims Levitsky asked him to do.
The Rye TV employee said he told Mr. Alfano that he contacted the city manager as well but that Mr. Pickup never responded to his email.
"These facts are all in my complaint–I even included my email to Nicole and Scott [Pickup] in there," Dapolite said, "Not only was I caught off guard that Mr. Alfano would approach me in public and raise these issues, I was almost shocked that he wasn't aware that I did communicate with my superiors in this regard to no avail."
Mr. Alfano, no stranger to controversy in the ongoing ethics saga, was on the GOP search committee that found Doug French as a candidate for mayor in 2009; he donated $700 to the mayor's campaign that year; and he took part in a process that recently resulted in the Ethics Board making a determination of no wrongdoing by the city manager and the mayor–even though the former jurist acknowledged that his board, by law, has no power to make such determinations.
Mr. Alfano waded through the crowd of voters and went into the booth to do his civic duty.
Upon casting his ballot, he returned to render his opinion of Mr. Dapolite to Mr. Dapolite, "You're a great kid," he said, "but you have a lack of maturity... that is something you'll have to learn."
"They certainly weren't exchanging pleasantries, John was shaking his head a lot and the kid looked frazzled. They were talking about the Fireman's video thing," said our source, "this is not the place for that. He [Alfano] should know better than that."
Mr. Dapolite has been threatened with another reprimand from the city for taking a sick day to work at the polls–a use of sick days that he says were part of normal operating procedures at Rye TV.
Before he blew the whistle that is.
General Washington at Christ Church in Virginia, Easter Sunday 1795
Easter Sunday, 1795:
General Washington Prays
Almighty God, and most merciful father, who didst command the children of Israel to offer a daily sacrifice to thee, that thereby they might glorify and praise thee for thy protection both night and day, receive, O Lord, my morning sacrifice which I now offer up to thee; I yield thee humble and hearty thanks that thou has preserved me from the danger of the night past, and brought me to the light of the day, and the comforts thereof, a day which is consecrated ot thine own service and for thine own honor.
Let my heart, therefore, Gracious God, be so affected with the glory and majesty of it, that I may not do mine own works, but wait on thee, and discharge those weighty duties thou requirest of me, and since thou art a God of pure eyes, and wilt be sanctified in all who draw near unto thee, who doest not regard the sacrifice of fools, nor hear sinners who tread in thy courts, pardon, I beseech thee, my sins, remove them from thy presence, as far as the east is from the west, and accept of me for the merits of thy son Jesus Christ, that when I come into thy temple, and compass thine altar, my prayers may come before thee as incense; and as thou wouldst hear me calling upon thee in my prayers, so give me grace to hear thee calling on me in thy word, that it may be wisdom, righteousness, reconciliation and peace to the saving of the soul in the day of the Lord Jesus.
Grant that I may hear it with reverence, receive it with meekness, mingle it with faith, and that it may accomplish in me, Gracious God, the good work for which thou has sent it. Bless my family, kindred, friends and country, be our God and guide this day and for ever for his sake, who ay down in the Grave and arose again for us, Jesus Christ our Lord, Amen.
General Washington's 1795 Easter Sunday Prayer is published and can be viewed at: CBN.com
GOOD FRIDAY: LINCOLN FALLS, AMERICA WILL RISE
April 1865 - John Wilkes Booth was a noted actor and Confederate sympathizer. He had planned initially to kidnap President Lincoln, hoping to exchange him for Confederate prisoners.
Plans were made among a small group of conspirators to carry out the kidnapping in March 1865, on a day when Lincoln was scheduled to attend a function at a Washington hospital. At the last moment, the president’s plans were changed and Booth’s plot was neutralized.
On April 11, two days after Lee's surrender, Lincoln spoke to a crowd outside the White House and, among other things, mentioned that some blacks should be given the vote. Booth, an avowed racist, was in the crowd and decided to kill Lincoln rather than kidnap him.
On Good Friday evening, April 14, President and Mrs. Lincoln attended a performance at Ford’s Theater in Washington. At shortly after 10 o’clock, Booth entered the presidential box and shot Lincoln in the back of his head. After firing the shot Booth dropped to the stage, caught and broke his leg on a flag. Some patrons reported hearing him shout the Virginia motto, “Sic simper tyrannis” (thus always to tyrants); others thought they heard, “The South shall live!”
Lincoln lingered throughout the night and died early the next morning without regaining consciousness.
The assassination was part of a larger plot, which also targeted Vice President Andrew Johnson, Secretary of State William H. Seward, and General Ulysses S. Grant. Seward was attacked at his home and received serious knife wounds, but recovered and continued in office under President Johnson. Grant and his wife were scheduled to attend the performance with the Lincolns, but had a last-minute change of plans. No attempt was made on Johnson's life. Booth had hoped that the removal of the leading figures in the government would spark a revival of the Confederacy.
Booth escaped, but was found by federal soldiers several weeks later. He had hidden himself in a barn near Port Royal, Virginia, and failed to heed an order to surrender. The barn was set on fire. He was shot and killed by one of the armed officials.
Eventually eight persons were arrested as conspirators. All were tried and convicted by a military tribunal. Four were hanged. One died in jail. Three received presidential pardons in 1869.
Popular opinion for many years held that high Confederate officials had played a role in planning the assassination, but convincing evidence has never been presented.
Lincoln had not been uniformly popular in the North during his presidency. Peace Democrats thought he was waging an unnecessary war and Radical Republicans felt he was too moderate. In death, however, Lincoln became a martyr and a hero. Even some Southern leaders expressed sadness at his murder—a well founded sentiment in light of the nature of Reconstruction, which was to emerge.
Laus Deo, America
The above entry was published by u-s-history.com and can be accessed directly at: http://www.u-s-history.com/pages/h124.html
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