As City Council Votes to Approve 14th MOU for LeCount, Bramson Challenges Capelli to “Put Up or Shut Up”

Written By: Robert Cox

UPDATED: In what can only be called a Pyrrhic victory, the New Rochelle City Council came out of its second executive session in as many weeks to vote on the 14th extension of Capelli’s LeCount Square MOU and approved the extension 4-3. This time, however, there were strings attached (see original post below).

VOTING on 14th MOU Extension for LeCount Square: Trangucci – NO; Stowe – YES; St. Paul – NO; Tarantino – NO; Fertel – YES; Sussman – YES; Bramson – YES

The air was definitely out of the Democrats balloon as Fertel, Sussamn and Bramson spoke of Capelli and LeCount in the past tense. Bramson looked like his dog just died.


ORIGINAL: City Council Unveils the Tables Terms of Capelli 14th MOU Extension on LeCount Square with Conditions….Developing…

The City Council tonight discussed proposed terms for a proposed 14th MOU Extension for the LeCount Square project but set the matter aside over concerns over whether the agreement provided the City sufficient protection in the event of litigation by Capelli against the City of New Rochelle.

The Mayor once again invoked “a matter of real estate” to go into Executive Session even though the City is not proposing to buy, sell or lease property. According to an Advisory Opinion from the New York State Committee on Open Government illegal for the Mayor to assert “real estate” as a justification for closing the City Council meet to the public.

It is legal for the City Council to go into Executive Session to discuss matters of pending litigation.

Immediately prior to going into Executive Session, Marianne Sussman expressed her concern that statements by Barry Fertel bordered on disclosing the City’s litigation strategy. Barry Fertel had alluded to the need for line 2 (below) based on a specific claim was on the table during the executive session.

The Mayor made a statement prior to turning off the cameras that he wished it to be known that this section does not mean the City has any expectation of litigation arising from the City’s performance under past MOUs.

This is the language the City Council was discussing from the current draft of the proposed 14th MOU:

…WHEREAS, on December 21, 2009 by Resolution No. 241 of 2009, the City Council authorized the City Manager to execute a Thirteenth Amended MOU;

Be it resolved, that the City Council of the City of New Rochelle hereby authorizes the City Manager to execute a Fourteenth Amended MOU to amend Section 2.2 of the MOU to amend Section 2.2 of the MOU to amend the Exclusivity Date through December 31, 2010, upon the following conditions.

1. By July 31, 2010, exterior improvements shall be made to 5 Anderson Street to the satisfaction of the Department of Development. If such improvements are not made by July 31, 2010, the MOU shall automatically expire.

2. Developer shall release the City from any and all claims with respect to the City’s performance under any previously approved MOU.

3. The MOU shall not further extend absent an agreement in writing with respect to the United States Post Office property.

During the meeting Council agreed to amend the third condition with the following sentence: “The City shall in its sole discretion determine whether such a written agreement demonstrates a reasonable probability of sale.” There was another line discussed to the effect that eminent domain would not be used.

2 thoughts on “As City Council Votes to Approve 14th MOU for LeCount, Bramson Challenges Capelli to “Put Up or Shut Up””

  1. Mayor Bramson is the only
    Mayor Bramson is the only one still supporting this relationship between the City of New Rochelle and Cappelli. Stowe-Fertel- Sussman went along for the Bramson ride. When the 3 of them go home tonight and look in the mirror they need to ask themselves “what am I doing.” They also need to ask themselves what does the Mayor have in on this to be so steadfast to support a lead balloon. Not just a lead ballon but a developer who has not lived up to his end and to a developer who only seems capable when politicians stack the deck in his favor. See Bramson gets Schumer to try and twist the Postal service to sell the Post Office to Cappelli below market rate.
    This is the Mayors second lead balloon when you consider his love affair with Abe N and Forest City.
    See Bramson trys to give public owned land (the Armory) for recreational use for the profitability of Forest City while also trying to cause the tax payers to foot the bill for City Yard 25 million.
    The City could easily sit back and let Cappelli Sunset and then wait to see what happens when the economy improves. Maybe some other developer might come with a concept worth building without IDA PILOTS where by the taxes paid would pay for the infrastructure needed (police and fire) and school age students. Boy would that not just make some sense.
    Instead they would rather follow old Noam off a cliff. If there are any dots to connect that point to any innaproapriate or illegal dealings then lets see who get stuck. Nobody in their right mind would go to this level without a reason. Thus the suspicion only leads to covering the bases with a developer who has maybe scratched the back of some local politician or politicians. When you bend this far over for Cappelli for no reason and for no interest to the City you can only make people believe you have something that may not exactly be kosher.

  2. This building’s never going
    This building’s never going to be built and I don’t know why the city council doesn’t realize it too. The overall real estate market is anemic at best right now and the Trump building next door sits half empty so who’s kidding who here?

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