IMPACT —DECEMBER 2009 PAGE 1

VOL. 10 NO. 4 SERVING WESTCHESTER AND THE MID-HUDSON REGION OCTOBER 2011

Severe Storms, Flooding and Collateral Damage THE HANLEY Draw Quick Response from State, County & Feds REPORT WHITE PLAINS—With the recent bat- In addition, Astorino has formed a A Key Need tering from Hurricane Irene and Tropi- Saw Mill River Watershed Advisory Albert Annunziata, a spokesman for Paying cal Storm Lee, government on all levels Board, a broad-based citizen, profes- the Cooperative and Condominium Ad- rose to the task of responding quickly sional and technical advisory group to visory Council of Westchester and the Tribute to to the devastating floods and relat- address the flooding issue. Recently, Mid-Hudson Region (CCAC), repre- an Industry ed damage inflicted on Westchester representatives from his office briefed senting over 400 condo and co-op own- County. the Westchester County Board of Leg- ers in Westchester, acknowledged the Icon – And a Gentleman In a pre-emptive move, when West­ islators on the various flood mitigation efforts of Astorino, Cousins, Schumer chester County was declared a disaster efforts initiated by his administration. Continued on page 1 By JEFF HANLEY area by President Obama, residents and see page 2 businesses were immediately eligible to apply for disaster aid, along with local Industry Saddened By the governments and non-profit agencies. Coordinating with state and federal CO-OP efforts, Westchester County Executive Death of Martin Berger Rob Astorino had all relevant county de- ARMONK—Members of the local CONDO partments put together response plans. building, realty and construction sector CORNER The county departments involved in- were shocked and saddened to learn cluded Emergency Services, Public of the recent death of industry icon Six, Four Safety, Communications, Health, Pub- Martin Berger. or Two – lic Works, Transportation, Information Berger, a past president of the Build- Technology, Senior Programs, Environ- ing and Realty Institute of Westchester Examining mental Facilities, Social Services and and the Mid-Hudson Region (BRI), died Parks and Recreation. suddenly last month in New York. Your According to Astorino’s office, Berger was a co-founder of the Rob- Choices for Oil! some 1,500 people or businesses ert Martin Company, a firm that eventual- from Westchester have registered with ly became one of the largest developers By HERB ROSE FEMA, of which 250 visited one of the in the region. According to his obituary in see page 2 disaster relief centers. The Journal News, he died of heart fail- Also, in the wake of the flooding from ure. He was 81, the report said. Westchester Business these recent storms, there have been “Our industry, and the Institute in par- several moves to begin a coordinated ef- ticular, has lost a dear friend,” said Al- Alliance Hosts fort among federal, state and local agen- bert Annunziata, executive director of Candidates Forum cies to clear major watercourses like the the BRI. “Martin Berger was a leader to Martin Berger Saw Mill River Parkway of debris, there- our industry in so many ways. He will be By JEFF HANLEY by expanding their capacity to handle deeply missed.” Plains and the Town of Greenburgh. see page 3 storm runoff and reduce flooding. Berger served in many roles for the Eric Lashins, president of the BRI, In the Saw Mill River’s case, in par- BRI since the 1950’s. He was a long- described Berger as a dedicated mem- ticular, items such as tree limbs and time member of its Board of Trustees, ber of the association and the building, LEGAL CORNER oil tanks amassed in the river, raising as well as a member of several of its realty and construction industry. the water level and disrupting normal key committees. He recently served as “Our members would always look flow. This has exacerbated an already chairman of The Westchester Founda- forward to the learned and experienced chronic flooding problem in communi- tion, a BRI affiliate. He was also a long- views and suggestions that Marty would ties along the Saw Mill. time board member of that group. express at our committee meetings,” U. S. Sen. Charles Schumer, State Robert Martin Company was formed Lashins said. “He would attend every Senator Andrea Stewart-Cousins and by Berger and his associate, Rob- meeting and he was always happy to others have recently called for clearing ert Weinberg, in the 1950’s. The com- offer assistance and guidance in every this debris as a way to alleviate some pany constructed office buildings, way that he possibly could. His tireless flooding, but acknowledged that such corporate complexes and residential fa- efforts on behalf of the BRI say it all. We action alone will not be the complete so- cilities throughout Central and Southern have suffered a tremendous loss.” lution to the long term regional problems. Westchester, especially Yonkers, White –An IMPACT Staff Report Reviewing Collections The Tappan Zee Bridge Scenario to Be for Co-ops & Condos Reviewed at BRI’s October 13th Meeting WHITE PLAINS—The status of the sional engineer for more than 40 years. a matter of time, money, life and death,” Tappan Zee Bridge will be the subject of Hintersteiner is a specialist in Transpor- said Albert Annunziata, executive direc- the Building & Realty Institute’s (BRI’s) tation and Forensic Engineering. An in- tor of the BRI. “It seems like we’ve been By Kenneth J. Finger, Esq., October 13th General Membership dependent consultant for more than 22 talking about the TZB for a long time and Carl L. Finger, Esq., and Meeting, association officials recently years, he also evaluates accidents in- time is the real enemy of the bridge. The Daniel S. Finger, Esq. announced. volving bridge, rail and road facilities. BRI is pleased to have a speaker with Finger & Finger, Chief Counsel, The event, which is open to BRI Hintersteiner has also been featured Mr. Hintersteiner’s breadth of experi- Building & Realty Institute (BRI) members and the public, will begin at on The History Channel in an episode ence and knowledge about the TZB.” 6:30 p.m. It will be at the Crowne Plaza highlighting The Tappan Zee Bridge as For more information on the event, see page 5 Hotel in White Plains. part of a program focusing on the na- contact the BRI at (914) 273-0730, or The meeting’s guest speaker will be tion’s crumbling infrastructure. visit www.buildersinstitute.com. Robert T. Hintersteiner, PE, a profes- “The Tappan Zee Bridge is, literally, —An IMPACT Staff Report PAGE 2 IMPACT —OCTOBER 2011

CO-OP CONDO Six, Four or Two – Examining CORNER Your Choices for Oil! By HERB ROSE ed utility. Product is separate That same month, after do- history is any guide, you will dis- and de-regulated, so you may ing the tedious math involved, cover that New York City regula- NEW YORK­—Heating oil is to raise the temperatures of take the easy way out and buy natural gas came to $ 1.89 for tions are often repeated in a rea- rated and billed with the num- one pound of water (one pint), it from your local utility, or shop 138,000 BTUS. sonable time in Westchester. bers six, four and two. one degree. for a better deal from one of the Pricing oil is rather simple In addition, the price differ- Of these categories, the A gallon of fuel oil is gen- many alternate suppliers, such because the bill indicates the ential is very hard to ignore. number six is the least expen- erally considered to produce as an Energy Service Compa- price per gallon. Natural gas Natural Gas Futures—which sive and the heaviest of these 138,000 “BTUS.” These num- ny (ESCO). is bit more complex since you are available in the Wall Street possibilities. It gives off the bers may vary depending on Let’s talk money! In a recent need to add the supply cost, Journal, the New York Times most pollution and requires the adjustment of the furnace monthly billing period, a residen- and the delivery cost which is and online—point to continu- special equipment to prepare burners. ing low prices, while oil seems the fuel for burning. Natural gas appears as an to have lofty numbers. Number Two Oil is the light- economic replacement worth All sorts of conversion deals are All sorts of conversion deals est and most expensive of the considering and is market priced available from Con Edison, the New are available from Con Edi- choices and is used in many in units of one million BTUS. To son, the New York State En- smaller residential buildings. make things further complex, York State Energy Research and ergy Research and Develop- Four is a mixture of six and utility companies bill per therm Development Authority (NYSERDA), ment Authority (NYSERDA), two and is a middle economic (100,000 BTUS), plus the cost and private contractors. Also, choice. of delivery! Are you confused? and private contractors....Whatever NYSERDA recommends lining Beginning in 2012, the us- Welcome to the world of bewil- path your building takes, be sure to the chimney since natural gas age of Number Six Oil in New dered consumers! has more acidic fumes than oil. York City will begin to be re- get accurate specs, estimates and Whatever path your building stricted and totally banned The Basic Facts takes, be sure to get accurate in 2015. Since the heating of In order to be an informed advice from professionals. Care specs, estimates and advice buildings will continue to be consumer there are a few ba- must be taken for the conversion and from professionals. Care must necessary, alternatives are sic facts you need to know - be taken for the conversion - needed. City rules will allow Natural Gas is billed with the expect delays and inconveniences. and expect delays and incon- Number Four Oil until 2030, delivery and product priced Facts and prices can’t be ignored, so veniences! Facts and prices making this a temporary alter- separately. Delivery is regulat- can’t be ignored, so consider native. ed by the Public Service Com- consider the possibilities! all the possibilities! A BTU is the common mea- mission (PSC) and you must sure of heat produced by the buy this service from Con Edi- tial building paid $3.05 per gallon displayed on the bill per therm Herb’s Hints burning of fuels, and is approxi- son, Orange and Rockland, for heating oil. This represents (100,000 BTUS) and about 25 1) Are you one of the 33 mately the amount of fuel used or whoever is the designat- approximately138,000 BTUS. percent in additional charges. percent who overpay electric In addition, for comparison with bills? Find out at RoseNYre- oil in gallons, multiply by 1.38. funds.com! Paying Tribute to an Industry The bill in this example was 2) Draw blinds or shades $.58 per therm for delivery to reduce air conditioning ex- and $.79 for supply. The total penses. Icon – And a Gentleman is $1.37 per therm times 1.38, Editor’s Note: Herb Rose is which equals $1.89 compared a co-op and condo consul- to a gallon of oil. tant. He is also a member THE HANLEY of the Board of Directors of Watch Out Westchester! The Cooperative and Con- REPORT Since the phase out of Num- dominium Advisory Coun- ber Six Oil is a New York City cil of Westchester and Mid- By JEFF HANLEY regulation, our Westchester Hudson Region (CCAC). Associate Director, Building and County friends may question Rose can be reached at Realty Institute (BRI)/IMPACT Editor the relevance of these rules. If [email protected].

ARMONK –The term giant is endless knowledge and all the cedures for Co-ops and described in Webster’s Dic- definitive components of a true Condos. The story was writ- tionary as “a person of great gentleman. ten by representatives of size and strength.” It hardly seems possible Finger and Finger, A Pro- That definition is absolute- that it has been 22 years since fessional Corporation. The ly applicable to the late Martin Berger went out of his way to firm, based in White Plains, Berger, a well-respected and help welcome me to the BRI. is chief counsel to the BRI. widely loved member of the lo- As he called the meeting of a • An update in Co-op and cal building and realty indus- BRI committee to order in April Condo Corner on choices Publisher: ALBERT ANNUNZIaTA try. Industry members were re- of 1989, he took the time to is- buildings and complexes Executive Editor: Jeffrey R. Hanley cently shocked and saddened sue a sincere and hearty greet- are facing regarding the us- Editorial Assistants: peggie macdougall, Jane gill to learn of his death. ing to me in a conference room age of oil. The report was Art Director: Bart d’andrea A past president of the Build- filled with industry representa- written by Herb Rose, the Photographic Consultant: barbara hansen ing and Realty Institute of tives. It was a moment that I will principal of Herb Rose Con- Contributors: CARL FINGER, DAN FINGER, KEN FINGER, Westchester and the Mid-Hud- never forget. And it illustrated sulting of New York. ALEX ROBERTS, HERB ROSE Production: meadow art & design, fair lawn, n.j. son Region (BRI), Berger died the type of positive person that • A Special Report on Protect- Published By The Builders Institute/Building and Realty Institute. suddenly last month in New Berger was. ing Development Rights in Subscription, $20 Per Year, Included In Membership Dues. York. He was a co-founder of the That greeting was repeat- Difficult Economic Times. ©2011, By The Builders Institute/Building and Realty Institute. All Rights Reserved. No Part Of This Publication May Be Reproduced In Any Form Robert Martin Company, a firm ed many times over the years, The story was written by offi- Or By Any Means Without The Written Permission From The Publisher. Entered As Periodical Matter At that eventually became one of during phone calls and at cials of Zarin and Steinmetz, Post Office, White Plains, NY 10610 the largest and most well-known meetings. And it was always a White-Plains based law USPS 259-900 developers in the Westchester filled with the same upbeat and firm. IMPACT (USPS 259-900) Is Published Monthly For $20 Per Year By The Builders Institute/ and Mid-Hudson Region. warm tone. Here’s to you, Mar- • A summary on how busi- Building and Realty Institute, 80 Business Park Drive, Suite 309, Armonk, NY, 10504. Periodicals Postage Pending At Armonk, NY. People who knew Berger ty – it was a pleasure to have nesses can utilize proper POSTMASTER: Send Address Changes To IMPACT, 80 Business Park Drive, would definitely term him as a gi- known and worked with you. public relations strategies. Suite 309, Armonk, NY 10504. ant - as well as an icon - in the in- A page one report gives fur- The article was prepared by dustry. And those people would ther details on Berger and his Harriet K. Lerner of Go Vis- agree that the description also il- lifetime accomplishments. ible PR, a Hartsdale-based lustrates his personality. Berger Our latest issue of IMPACT public relations and commu- was a larger-than-life individual also features: nications company. filled with leadership qualities, • A report on Collection Pro- Enjoy the issue. IMPACT — OCTOBER 2011 PAGE 3 Westchester Business Alliance Hosts Candidates Forum On September 15 By Jeff Hanley, IMPACT Editor WHITE PLAINS—Four of West­chester County’s leading business organizations recently hosted a forum for candi- dates seeking seats on the Westchester County Board of Legislators. The Building and Realty Institute (BRI), The Business Council of Westchester, the Construction Industry Coun- cil (CIC) and the Westchester Putnam Association of Realtors (WPAR) were hosts of the Sep. 15 forum. The groups compose The Westchester Business Alliance, a federation that addresses key issues facing the region’s business community. More than 130 members of Westchester’s business sector participated in the event at the Crowne Plaza Hotel in White Plains. “We addressed issues that affect the business community, as well as the entire county,” said Albert Annunziata, executive director of the BRI. “All of the staffs of the sponsoring organizations were pleased with the response to the event.” A photo montage of the conference is featured on this page. John Kope, chairman of the Westchester Putnam Associa- tion of Realtors (WPAR), questioned candidates on the high taxes and level of spending in Westchester. WPAR was a co- sponsor of the event.

Incumbent Peter Harckham (Democrat/District 2) is pictured while answering a question from the audience.

Majority Leader Ken Jenkins (District 16, Yonkers) led his Democratic incumbents and candidates in a lively discussion with their Republican challengers. Jenkins was flanked by Democratic candidate Ted Moustakopoulos (District 15, Yonkers) and Marsha Gordon, PhD., chief executive officer of The Business Council of Westchester, a co-sponsor of the event. Photos by Myron Marcus Myron by Photos

William Ryan, the Democratic Incumbent from District 5, is shown while answering a question from a member of the event's panel.

Republican Minority Leader James Maisano (District 11, New Rochelle), offered a spirited challenge to his Democratic opponents. Flanking Maisano are Ross Pepe, chief executive officer of the Con- struction Industry Council (CIC) and a co-sponsor of the event; and Carmen Gomez Goldberg, Re- publican challenger in the 17th Legislative District (Yonkers).

Legislator Michael Kaplowitz is pictured while issuing his presentation. Kaplowitz, a Democrat, represents District 4.

Lyndon Williams, vice chairman of the Westchester County Board of Legislators (D-District 13, Mt. Vernon) makes a point, flanked Republican Candidates, from left to right, Peter Michaelis, District 2 (Bedford, et. al); Michael Smith, by Democratic Candidates Mary Jane Shimsky (District 12, Green- District 3 (Mt. Pleasant, Pleasantville); and Terrence Murphy, District 4 (Yorktown). burgh) and George Kevgas, challenger, District 14 (Yonkers). PAGE 4 IMPACT —OCTOBER 2011 Public Relations (PR) – Just What Is It, Anyway? By Harriet K. Lerner cial Media (and that will be de- porter need more information, which is more believable? into blogs and articles. It could HARTSDALE—Even 12 years scribed in another column)! he can find it on the news page be picked up by other publica- ago, when I started my busi- Launching a business isn’t of the client’s website, or the The Advantages of tions and lead to other features ness, it was not easy explain- enough – the Public Relations Public Relations Practitioners’ Public Relations and articles. The news content ing to potential clients exactly practitioner must elucidate to website or blog. It is all right to The benefits of a Public Re- can be repeated on Facebook, what I was offering them. the press its potential and pres- call reporters, but in these days lations Campaign are many. LinkedIn and Twitter – more on Now the field has become ent new angles and ideas. Pub- of lean staffs, it’s better to use For starters, campaigns are rel- these formats next time! many times richer and more lic Relations is the preservation e-mail as much as possible— atively cheap—compare a pro- Editor’s Note: Harriet Lerner complex, so, of course, Public of a brand, public image or com- and make sure that you com- fessional press release to an owns Go Visible PR, a Harts- Relations (“PR”) is even more pany name. It can stand for the plete the subject line! Believe advertising campaign, no mat- dale-based Public Relations difficult to describe. work the company does for its me, when your ship comes in, ter how modest. The end result and Communications compa- Yet it offers the best kind of community. Non-profit entities the reporter calls you! of a Public Relations Campaign ny. She is a consultant for the exposure out there – when per- have turned more and more to for the client could be an inter- Westchester Putnam Associ- formed successfully, it portrays Public Relations to explain the The Issue of Payment view, quote, feature or editorial. ation of Realtors (WPAR). She a client as “best of breed” and work they are doing to improve How are people paid? Usu- Think of how being seen has worked extensively with creates a glittering brand. people’s lives and increase ally the fee can depend on an in the right magazines, or on- the Building and Realty Insti- their fundraising efforts. agreed upon time – a sensi- line publications, or a blog, or a tute of Westchester and the An Important Image What it was in the beginning, tive contract before the project website might feel to the client. Mid-Hudson Region (BRI). Her Public Relations is the pub- it still is today. That is, the pub- begins. However, some Pub- clients range from attorneys lic face of a corporation, small licist, or Public Relations Agen- lic Relations people get paid Credibility to mortgage professionals, as business, or independent prac- cy, seeks to build excellent rela- on how many placements they The public doesn’t like to well as many other industries. titioner. Its goal is to depict tionships with the press, on and get for the client. The longer be sold – ads do this. But good Her profile is on LinkedIn. She those entities in the best pos- off-line, and does so with the the Public Relations firm works press coverage (such as a suc- is also an active White Plains sible light, so as to increase the basic tool of the well-written, for the client, the more well- cess story or a customer case Rotarian. Her newly designed bottom lines of the respective one-page press release. known and highly thought-of study) is far more believable. website is http://www.GoVisi- entities. It is not about exag- In that document, the “angle” the client becomes. Think of blePR.com. Send any ques- geration or boasting. It is infor- that makes the client newswor- the difference between an ar- Recycle tions or comments to harri- mational and uses the newest thy is described in as succinct a ticle written by a reporter and The content of a press re- [email protected]. tools of the Internet and So- way as possible. Should the re- an ad that someone paid for— lease can be reused and turned Severe Storms, Flooding and Collateral Damage Draw Quick Response from State, County & Feds Continued from page 1 and others. He said that such ice afloat, then the technology • New York State has $8 mil- help rebuild communities gardless of whether the ap- efforts need to be “of a contin- exists to solve the flooding prob- lion in grants available for affected by Hurricane Irene. plicant sustained physical uous, focused and sustained lems here in Westchester.” home appliances that were Funding for the program damage. For information nature” if any real flooding relief Based on information drawn damaged by Hurricane Irene came from an emergency call, 1-800-659-2955, or e- is to be achieved. from Astorino’s office and or Tropical Storm Lee. The grant from the U.S. Depart- mail DisasterCustomerSer- “Many of our member co-ops Stewart-Cousins, the following program will help New York- ment of Labor. Contact your [email protected]. have been left reeling from al- is some helpful information for ers cover the costs of replac- local state assembly or state most unremitting flooding,” he homeowners, businesses and ing vital household appli- senate representative for If You Are a Municipal said. “There are still co-ops who municipal officials still recover- ances, such as refrigerators, more information. Official boilers, washing machines • The Department of Environ- Some engineers and planners and furnaces, damaged by If You Are a Business mental Conservation (DEC) the recent flooding. For in- Owner can expedite the permit have maintained that complete formation, go to www.NY- • Business Physical Disas- process for debris removal mitigation in the flood-plains where SApplianceRebates.com, or ter Loans through the Small and erosion control from information can be obtained Business Association can Hurricane Irene. Contact the Bronx River, Saw Mill River by calling 1-877-NY-SMART provide a non-profit or busi- Joe Murray, environmental and Hutchinson River parkways (877-697-6278). ness of any size with up to analyst, Division of Environ- • If you have become unem- $2 million to repair or re- mental Permits at 845-256- are located is simply not possible. ployed as a direct result of place real property, machin- 3040. Hurricane Irene or Tropical ery, equipment, fixtures, • New York State’s Hurricane However, as one construction Storm Lee, you may be eli- inventory, and leasehold im- Emergency Loan Program industry veteran noted: “if they gible for Disaster Unemploy- provements. Also, the Eco- (HELP) can provide up to $1 ment Assistance (DUA) re- nomic Injury Disaster Loan million in no-interest loans can reclaim the sea and keep it at lief. To see if you qualify, call Program (EIDL) through for critical assessment and bay in Holland, and if they can keep the Telephone Claims Center the SBA can provide up to repair to drinking water and (TCC) at 1-888-209-8124. $2 million of financial assis- wastewater treatment facili- Venice afloat, then the technology • Gov. Cuomo recently an- tance to small businesses or ties damaged by Hurricane exists to solve the flooding nounced a $16 million tem- private, non-profit organiza- Irene and Tropical Storm porary work program known tions that suffer substantial Lee. For assistance with a problems here in Westchester.” as the NY Works: Neighbor- economic injury as a result HELP loan, contact 1-800- hood Rebuilding Corps to of the declared disaster, re- 882-9721. are struggling with flooding dam- ing from Hurricane Irene and —An IMPACT Staff Report age from two-to-three years Tropical Storm Lee: ago…something must be done to finally solve this problem.” General Information for Some engineers and plan- Westchester ners have maintained that com- • The Federal Emergency plete mitigation in the flood- Management Administra- plains where the Bronx River, tion (FEMA) has a variety Saw Mill River and Hutchinson of disaster assistance pro- River parkways are located is grams ranging from hous- simply not possible. However, ing assistance to property as one construction industry vet- damage loans. For informa- eran noted: “if they can reclaim tion by phone, please call the sea and keep it at bay in Hol- 1-800-659-2955 or 1-800- land, and if they can keep Ven- 621-3362. ADVERTISE YOUR BUSINESS IN impact CALL (914) 273-0730 IMPACT — OCTOBER 2011 PAGE 5

COUNSEL’S CORNER Reviewing Collections

By Kenneth J. Finger, Esq., Carl L. Finger, Esq., and for Co-ops & Condos Daniel S. Finger, Esq. Finger & Finger, Chief Counsel, Building & Realty Institute (BRI)

WHITE PLAINS—Every board of legal action. As a first step, A written three-day notice is erative will, if it has to proceed work with the board to quick- member of a cooperative or con- when a unit owner/shareholder specific and the terms are stan- with a foreclosure against the ly and efficiently deal with ar- dominium is faced with a diffi- falls into arrears, even for one dard. Concomitant with this or shareholder, have priority be- rears in a manner that is fair to cult problem when a neighbor month, the managing agent alternatively, the cooperative fore a bank, and therefore the all concerned. falls into arrears. should first call and/or send a could notify the lender (if any) bank will either pay the bal- Unfortunately, in this econ- friendly “note” to find out if there and seek payment from the ance of the monies owed the The Condo Scenario omy, this problem is becom- is a problem or see if the check lender. However, this may well cooperative to prevent being Regarding condominium ing more and more prevalent. was lost. cause the shareholder’s mort- wiped out or, alternatively, may arrears, it must be recognized Many boards believe that they If the unit owner/share- gage to go into default. cannot hurt their neighbors and holder recognizes that there Therefore, many boards are As a first step, when a unit owner/ take action to collect the out- is a problem, a simple pay- hesitant to do this and would shareholder falls into arrears, even for standing maintenance and/ out might be worked out with rather follow the so-called “evic- or common charges. Howev- the board. We recommend tion” route, wherein the share- one month, the managing agent should er, this may well be a violation that this be incorporated in a holder may well bring himself/ of the fiduciary duty that every formal “stipulation” or agree- herself back into financial com- first call and/or send a friendly “note” to board member owes the orga- ment. If there is an inadequate, pliance without causing a de- find out if there is a problem or to see if nization and board that he or or no response, and it is past fault under the mortgage. she is a board member of. the 10th of the following month However, in time, if the the check was lost. To take a simplistic exam- (the second month of arrears), shareholder does not pay and walk away from the unit if the that collection of these arrears ple, if you have a 100-unit co- we recommend that at that the eviction proceeding con- unit is not worth enough or the is quite different than with a co- operative or condo with a bud- point the arrears be given to tinues, legal notification to the mortgage is small enough and operative. A future article will get of $1,000,000, when one legal counsel for the coopera- lender is required under the the outstanding maintenance deal with proper methodology unit owner/shareholder does tive or condo. This is the point recognition agreement. The and legal fees are significant. and the judicial process that not pay, it means that the other where the steps to be taken go bank may or may not pay the Nevertheless, expeditious is required, but one difference 99 have to make up and subsi- different paths. arrears (and all incurred late action is necessitated both from between a cooperative and dize the $10,000 per year that charges and legal fees) de- the point of view of the share- condominium collection pro- is not being paid by the default- The Steps for a pending on the value of the holder (so that the shareholder cess must be recognized, i.e., ing person. Thus, it costs each Cooperative unit, as well as the amount of does not find himself/herself in that with a condominium, the person an additional $101+ This article will deal with the mortgage. too much of a hole) and the oth- bank has a superior lien and if each year to subsidize the de- the collection by a cooperative In any case, most times a er shareholders, who basically the bank forecloses, it will ex- linquent party. and leave to a future article the delinquent shareholder will are subsidizing the delinquent tinguish any common charge And with a condominium, condominium’s collection pro- bring himself/herself back into shareholder as well as the co- lien that the condominium has this money may be lost forev- cedures. good standing before a formal operative, as an entity, in pro- built up – therefore, there is er if a bank comes in and fore- With a cooperative, the first (non-judicial) foreclosure ei- tecting its financial position. even more reason to, for rea- closes. Moreover, the more the step is a three-day notice. This ther by the bank, or the coop- Every board should adopt sons to be explained later, arrears builds up the harder it is is a predicate to an eviction pro- erative, takes place. a consistent policy which not move quickly against the delin- for the delinquent party to make ceeding and has to be “served” From the cooperative’s per- only considers the financial cir- quent unit owner. Again, there up the arrears and bring them- with the same formality as legal spective, it will always be pro- cumstances of a shareholder will be more to come! selves back into good standing. papers would be served. The tected because it will almost who comes to it for financial re- Editor’s Note: The authors contents of the notice are spe- always recoup all of its out- lief or consideration, but also are with Finger and Finger, A Course of Action for cific, and while a three-day no- standing maintenance, as well the needs of the cooperative A Professional Corporation. Boards tice can also be oral, we heart- as the attendant fees and late relative to securing payment The firm, based in White Therefore, what is a board ily recommend against that charges and if the lender wants in as expeditious a manner as Plains, is Chief Counsel to to do? We recommend to our option, as, invariably there is to protect its interest it will have possible. Legal counsel can the Building and Realty Insti- clients that the board has no a “he says this/she says that” no choice but to pay the coop- assist in both drafting and im- tute of Westchester and the choice but to take some type dispute. erative the arrears. The coop- plementing such a policy and Mid-Hudson Region (BRI). PAGE 6 IMPACT —OCTOBER 2011 C-III Capital Partners to Acquire NAI Global Acquisition Brings Expanded Commercial Real Estate Services to NAI Friedland YONKERS­—C-III Capital Part- NAI manages a network of York City, Connecticut and He added: “Combining the Background ners LLC (C-III) recently an- privately owned commercial New Jersey because of its re- global network of NAI and the C-III Capital Partners LLC nounced that it has entered real estate firms comprising lationship with neighboring local expertise of NAI Fried- is a leading commercial real into a definitive agreement to 5,000 professionals and 350 NAI members. NAI Friedland land has made ours a very estate services company en- acquire NAI Global, a large net- offices in the U.S. The firm is provides services in the areas complementary partnership. gaged in a broad range of ac- work of independent commer- also represented in 55 coun- of retail, office and industrial There is no doubt in my mind tivities, including primary and cial real estate firms worldwide. tries throughout the world. commercial real estate, offi- that this new acquisition by C- special loan servicing, loan The acquisition will mean NAI’s network members cials said. III will lead to even greater suc- origination, fund management expanded services for local provide a full spectrum of cor- Positives cess for our firm and the many and principal investment. The NAI affiliate NAI Friedland, a porate, financial, technolo- other NAI offices around the “Our affiliation with the NAI company’s principal place of full service commercial real es- gy and project management globe.” business is located in Irving, tate firm headquartered in Yon- services. The NAI network in- Global Network gives us the “C-III plans to use its as- necessary national and inter- Tex. The firm has additional of- kers. C-III is led by Andrew L. cludes 10 offices in the New set base, along with strategic fices in New York, Greenville, Farkas, who founded and was York metro area, including NAI national contacts when repre- acquisitions such as NAI, to senting Fortune 500 firms and South Carolina and Nashville. chairman and chief executive Friedland in Yonkers. While a create a fully diversified com- C-III Asset Management officer (CEO) of Insignia Finan- majority of the Westchester- other national or regional cor- mercial real estate services porations in larger-sized re- LLC, a wholly-owned subsid- cial Group, Inc. NAI Global will based firm’s business is in company,” said Farkas. “This iary of C-III Capital Partners, continue to operate as a sepa- the county—as well as in the tail, industrial and office trans- is the strategy that was suc- actions,” said Tony Lembeck, is a highly rated servicer (pri- rate company under its current Bronx and Putnam County— cessful for Insignia. C-III is led mary and special) of commer- management following the ac- NAI Friedland is equipped to chief executive officer (CEO) by the same team that built In- of NAI Friedland. cial real estate loans. Its clients quisition, officials said. facilitate transactions in New signia, and with C-III’s signifi- include issuers of commer- cantly larger asset base, I be- cial mortgage-backed securi- lieve C-III can substantially ties (CMBS) and collateralized Rand Realty’s White Plains Office exceed Insignia’s success.” debt obligations (CDOs), insti- At its height, Insignia man- tutional lenders and other in- Collects $1,000 For Local Back-To- aged $12.5 billion in assets, vestors. C-III Asset Manage- while today C-III’s portfolio ap- ment is the primary servicer for proximates $150 billion in as- approximately $20 billion and School Clothes For Kids Project sets. Insignia was one of the the named special servicer for WHITE PLAINS—Better Homes ing for seven children from for Kids. For additional informa- largest commercial real es- approximately $127 billion of and Gardens Rand Realty re- Southern Westchester, with tion about the organization, visit tate services companies in the commercial real estate loans. cently announced that its each child receiving at least www.backtoschoolclothes.org world when it merged with CB C-III Asset Management is rat- White Plains office has col- three outfits, in addition to a Better Homes and Gar- Richard Ellis in 2003, spokes- ed CPS 2 by Fitch and Above lected close to $1,000 for the coat or sneakers and a toy. dens Real Estate Rand Real- men said. Average by Standard and Back-to-School Clothes for “As part of the corporate cul- ty, founded in 1984, is the top C-III commenced operations Poor’s as a primary servicer. It Kids Project. ture at Better Homes and Gar- real estate brokerage in the with the purchase of Centerline is one of the highest rated spe- Officials said that the pro- dens Rand Realty, we feel it’s Greater Hudson Valley, com- Capital Group’s institutional real cial servicers in the industry gram provides new school extremely important to give pany officials said. The firm estate debt fund management with ratings of CSS 1 by Fitch clothing to needy children in back to the communities where has 25 offices serving West­ and commercial mortgage loan and Strong by Standard and Westchester County and the we work,” said Jo Falcone, chester, Rock­land, Orange, servicing businesses in March Poor’s, officials said. Bronx with the help of dona- assistant manager of Better Putnam and Dutchess coun- of 2010. Since that time, C-III NAI Global is the premier tions from local corporations, Homes and Gardens Rand Re- ties. Rand has more than 800 has successfully launched mort- network of independent com- their employees, clubs, individ- alty’s White Plains office. sales associates, as well as a gage origination, investment mercial real estate firms and uals and schools. “Back-to-School Clothes for commercial real estate com- sales and title insurance busi- one of the largest commercial Rand Realty’s White Plains Kids is a wonderful program, and pany (Rand Commercial Ser- nesses from scratch, and ex- real estate service providers office raised the funds through I’m so proud of our agents who vices), a mortgage compa- panded its principal investment, worldwide, officials said. NAI a variety of efforts, including a donated their time and money to ny (Rand Mortgage), a title loan origination fund manage- Global manages a network of “snack box” with all of the prof- raise funds for this effort.” company (Hudson Abstract ment and primary and special 5,000 professionals and 350 its donated to the clothing drive. Connie Kennedy of TAL In- Services) and an insurance loan servicing businesses. offices in 55 countries through- With the money raised, the of- ternational Corp. is the Presi- agency (The Hudson Group “This acquisition repre- out the world. NAI profession- fice was able to purchase cloth- dent of Back-to-School Clothes Insurance Agency). sents a tremendous opportu- als work together with the glob- nity for NAI and our members,” al management team to help said Gerald C. Finn, chairman clients strategically optimize of NAI Global. “By teaming real estate assets. NAI offices up with Andrew Farkas, one around the world completed of the world’s leading real es- over $45 billion in transactions tate businessmen, we expect annually. NAI also manages NAI will be able to significantly over 200 million square feet grow its service offerings and of commercial space, spokes- present new opportunities to men said. our members.” NAI Friedland, founded in “We have built the world’s 1970, is a full-service commer- leading commercial real es- cial real estate firm covering the tate network, but we now be- entire metropolitan New York lieve it is time to take the en- area, with a majority of its busi- terprise to a new level and ness in Westchester County add even greater value to our and the Bronx, but additionally members and our collective in Putnam and Rockland coun- corporate and investment cli- ties, New York, Connecticut ents. The agreement with C- and New Jersey. Headquar- III will provide a depth of re- tered in Yonkers, Friedland sources, talent and tools from also maintains a satellite office which we can draw upon to ac- in Manhattan. Friedland sales celerate our growth,” added staff members strive to pro- Jeffrey M. Finn, president and vide guidance and information chief executive officer (CEO) that enables clients to make of NAI Global. “Rarely do you the best lease or purchase de- find partners so perfectly stra- cisions. Brokers in Friedland’s tegically aligned as NAI Glob- four divisions—Retail, Indus- al and C-III. This is a natural fit trial, Office and Residential/ and extremely exciting news Development—understand­ for the industry.” their markets and are support- The transaction was expect- ed by a sophisticated comput- ed to close in the third quarter er database of available prop- of 2011. Financial terms of the erties and potential tenants, transaction were not disclosed, company officials said. officials said. ADVERTISE IN IMPACT IMPACT — OCTOBER 2011 PAGE 7 NARI to Certify Remodeling Project Managers DES PLAINES, Ill.—The Na- “real world knowledge” about “We are confident that those and the certification exam is modelers, spokesmen said. tional Association of the Remod- remodeling project manage- who participate in the CRPM $820. The non-member price NARI is a professional asso- eling Industry (NARI) recently ment, since the course was will walk away with a strong for the CRPM online prep ciation whose members volun- announced an industry first: the designed by a committee of foundation for building a suc- course and certification exam tarily subscribe to a strict Code Certified Remodeler Project members with vast experience cessful process to handle all is $1,120. For more informa- of Ethics. NARI is the only Manager (CRPM) Education in successful project manage- types of projects from begin- tion on the eligibility require- trade association dedicated and Certification Program. ment, officials said. ning to end,” Walker said. “The ments, registration and sub- solely to the remodeling indus- NARI officials said that the Officials said the committee domains from the program hit domains, please visit www. try. The association, which rep- program was set to launch as created a set of knowledge do- on all aspects of what a proj- nari.org/certify/crpm. resents member companies of Sep. 6. Officials added that mains and sub-domains that ect manager will experience in NARI members represent a nationwide, comprises 63,000 the initiative addresses a grow- include project cost manage- their roles—everything from tri- select group from the approxi- remodeling contractors. It is ing trend in the remodeling in- ment, communication, project umphs to challenges.” mately 800,000 companies and known as “The Voice of the Re- dustry. planning, quality assurance, re- The NARI member price for individuals in the U.S. identifying modeling Industry.” “It’s becoming more com- cordkeeping and risk manage- the CRPM online prep course themselves as professional re- mon for remodeling compa- ment. nies to use project managers to “To create the domains, we supervise projects, rather than drew upon our own experienc- lead carpenters or the general es in project management to contractor,” said David Walk- identify the most important ar- RICHARD G. BACCARI & COMPANY, LLP er of Double Check Builders, eas of study,” Walker said. “We Inc., based in Ronkonkoma, also placed higher concentra- Richard G. Baccari, CPA, Partner N.Y. Walker is a member of the tion on domains that are most CRPM Committee and the first responsible for project suc- and program facilitator. cess, with an emphasis on Suzanne Cortese, CPA, Partner In response to that longtime those areas in the prep course industry practice, NARI tasked study and test.” ARE PLEASED TO ANNOUNCE THAT a working group of members The CRPM Certification is WE HAVE MERGED OUR PRACTICE WITH with direct experience in proj- meant to establish a body of ect management with devel- knowledge for project manag- SHALIK, MORRIS & COMPANY, LLP oping a new certification aimed ers that will increase the level Certified Public Accountants and Business Consultants at professionalizing the project of professionalism in how re- 7001 BRUSH HOLLOW ROAD manager role in the residential modeling projects are man- remodeling industry. As with aged to drive customer satis- WESTBURY, NEW YORK 11590-1743 all of NARI’s courses, partici- faction and profitability for the Tel: (516) 338-8700 – Fax: (516) 338-5592 pants in the program will get company, spokesmen added. E-mail: [email protected] and [email protected] Proper Insurance Programs Website: www.shalikmorris.com for Natural Disasters Is Topic of October 24 Co-op and Condo Conference By Jeff Hanley, IMPACT “The reports we have re- Editor ceived from some of our mem- WHITE PLAINS – “Your Build- ber buildings and complex- ing’s Insurance Programs for es that are still struggling with Natural Disasters – Are You problems from Hurricane Irene Prepared?” is the topic of the have been troubling,” said Al- Oct. 24 membership meeting bert Annunziata, executive di- of the Cooperative and Con- rector of the CCAC. “We feel dominium Advisory Council the scheduling of the program (CCAC). will give our member build- Association officials recent- ings—as well as their proper- ly announced the scheduling ty managers—an update on of the event. The conference, what policies and precautions scheduled for a 6 p.m. start, will should be in place. We urge be at the Crowne Plaza Hotel our members to attend this im- in White Plains. portant meeting.” “In the wake of all of the Annunziata said that further problems associated with Hur- details on the event will soon ricane Irene and all of the harsh be mailed to the CCAC mem- weather we have had in recent bership. He added that the months, we felt the scheduling conference is open to all affil- of this program is a good idea iate organizations of the BRI, for our member co-op and con- including the Advisory Council do buildings,” said Diana Vir- of Managing Agents (ACMA). rill, chair of the CCAC. “Some ACMA is composed of prop- of our members are still strug- erty managers who help over- gling with the effects of Hurri- see the operations of co-ops cane Irene.” and condos. Virrill said that representa- The CCAC is a realty indus- tives of Levitt-Fuirst Associates try membership organization. and Finger and Finger, A Profes- Formed in 1979, the associa- sional Corporation, will compose tion is composed of co-op and part of the program’s panel. Lev- condo buildings and complex- itt-Fuirst is the insurance manag- es. The organization strives to er for the CCAC and its affiliate, help co-ops and condos run the Building and Realty Institute their buildings and complex- (BRI). Finger and Finger serves es more efficiently. Meetings, as chief counsel to the CCAC seminars, labor contract nego- and the BRI. Virrill added that ad- tiations, referral services and ditional panel members will soon group insurance are among the be announced. services that the CCAC offers. become a member of the builders institute (914) 273-0730 www.BuildersInstitute.org PAGE 8 IMPACT —OCTOBER 2011

Renovation Case Study: CPC Celebrates the Completion of Upstate Project ALBANY—The Communi- ments are affordable for fami- 17 buildings and converting funding included low-income of CPC’s Eastern Regional ty Pre­servation Corporation lies with incomes at or below 100 garden apartments to 81 housing tax credits adminis- Office in Albany, which han- (CPC) recently joined with lo- 60 percent of the area’s medi- apartments consisting of one tered by the New York State dled the loan, said: “CPC is cal and state officials in cel- an income, spokesmen added. to four-bedroom units, as well Homes and Community Re- pleased to have played a key ebrating the completion of the Built in the early 1970’s, the as one unit for the superinten- newal Agency (HCR), a con- role in bringing new life to renovation of Van Rensselaer Van Rensselaer Village Apart- dent. struction loan from M&T Bank this very important affordable Village Apartments in upstate ments is an Urban Develop- Additional upgrades includ- and a NYSERDA Energy housing resource for Waterv- Watervliet. ment Corporation sponsored ed window replacements, im- Smart Loan. liet families.” Officials at the recent event Mitchell-Lama/HUD 236 proj- proved insulation, the replace- The borrower is Van Rens- CPC is a not-for-profit mort- announced that CPC will be ect that had been distressed ment of flat roofs with pitched selaer Associates, LP. The gage lender that finances res- providing a $2,705,000 SONY- for a number of years. The roofs, the installation of high-ef- developer is Omni Housing idential multifamily develop- MA-insured permanent loan to complex is managed by the ficiency gas boilers and on-de- Development of Albany. The ment throughout New York and the $18,000,000 cost of over- Watervliet Housing Authority. mand hot water heaters in each Watervliet Housing Authori- New Jersey. Since its found- hauling the apartment com- The extensive renovations unit, as well as energy efficient ty will continue to manage the ing in 1974, CPC has invested plex. The facility is comprised included reconfiguring the appliances in the kitchens and project, officials said. more than $7.8 billion in near- of 81 units for low-to-moder- original 12 wood-framed gar- bathrooms, officials said. Christopher Betts, senior ly 143,000 units of housing, ate income families. The apart- den apartment buildings to In addition to the CPC loan, vice president and director spokesmen said. Westchester Wins an “Award of Excellence” For Affordable Housing Project in Ossining WHITE PLAINS—Westchester the National Register of Historic County has received the 2011 Places. The deteriorated build- “Award of Excellence” from the ing was empty for decades un- National Association for Coun- til its rehabilitation. Re-opened ty Community and Economic in 2009, the building was adapt- Development (NACCED) for a ed into affordable housing, add- housing project in the Village of ing to the revitalization of down- Ossining. town Ossining, officials said. Westchester County Exec- The units in the Ossining utive Rob Astorino announced T.B. Flats project were sold to the receipt of Westchester’s households at or below 80 per- award on Sep. 28. cent of the Westchester Area’s The award, in the “HOME Median Income of $59,600 to Investment Partnership Pro- $85,200—an annual range that gram Category,” focuses on varies according to the number the Ossining T.B. Flats proj- of persons in the household. ect, the conversion of an old Four units are still available. bank into 12 affordable condo- The purchase price for the one- minium units. The award was bedroom condominiums starts announced earlier this month at $183,000 and for the two-bed- at the 36th Annual NACCED room, $221,000, officials said. Conference in Los Angeles. The total development cost “The award acknowledg- for the six one-bedroom and es the county’s creative ap- six two-bedroom units was A WINNER— Westchester County recently received an award for the Ossining T.B. Flats project (pic- proach to providing fair and $4,639,513. The building’s pur- tured above). The project involved the conversion of an old bank into 12 affordable condominium­ affordable housing opportuni- chase price was offset by more units. County Executive Rob Astorino announced the receipt of the award on Sep. 28. ties that also can help bring life than $1 million in county-admin- back to a village’s main street,” istered funds: $722,000 from nership Program (HOME) and Spokesmen added that the LLC, contributed $138,000, Astorino said. the New Homes Land Acquisi- $240,000 in Community Devel- building is zoned for mixed the cost equivalent to the val- The Ossining National Bank tion, an $866,000 federal grant opment Block Grant Funds, of- and commercial use. The de- ue of the commercial portion was built in 1873 and is listed on from the Home Investment Part- ficials added. veloper, Os­si­ning T.B. Flats, of the building. Comprehensive Care Expands Headquarters at Hutchinson Metro Center NEW YORK—The Hutchin- “We wanted to bring them nies, the owner and manager ca; Metro Eye Surgeons; New 280,000 square feet of Class son Metro Center recently an- together in one location and of the 42-acre complex. York Associates in Gastroen- A space on nine floors with four nounced that Comprehensive that’s when we decided to look CCM’s expansion is the lat- terology; Occupational Ther- floors of covered parking. Ap- Care Management (CCM), a at the Hutchinson Metro Cen- est example of healthcare firms apy Associates of New York; proximately 18,000 square not-for-profit member of the ter,” said Joe Healy, chief oper- and medical practices moving Pelham Gardens Oral Surgery feet of space remains avail- Beth Abraham Family of Health ating officer of CCM. “This is a and expanding at the Hutchin- Associates; Pro Health Care able in Tower One. A second Services, has signed a lease wonderful location in terms of son Metro Center, spokesmen Associates and Westchester tower of 320,000 square feet for 31,200 square feet for its access to any area in the met- said. Square Physical Therapy. is planned for construction ad- headquarters on the 10th floor ropolitan region, whether you Montefiore Medical Center jacent to Tower One. The two of Tower One at the center. drive or take public transpor- recently opened its Orthopaedic The Benefits towers will be connected by a With the completion of tation. The amenities here are Specialties Department at Tow- The Hutchinson Metro Cen- common lobby. The first phase this major transaction, the great and the free parking and er One, occupying the entire ter offers many benefits to med- of 460,000 square feet at the 280,000-square-foot Tower­ shuttle service are another big 31,000-square-foot 11th floor. ical tenants, including custom- Hutchinson Metro Center was One is now over 90 percent benefit.” In other recent medical related built medical suites, first-class fully leased in less than two leased, officials said. CCM employs more than leases at Tower One, New York amenities, a suburban cam- years, officials said. This is the second major 150 people at the Hutchinson Spine and Sport has leased pus setting, free parking and a First-class amenities at the lease for CCM at the Hutchin- Metro Center, officials said. 5,541 square feet of space and free shuttle to nearby subway Hutchinson Metro Center in- son Metro Center. In ear- “We are very pleased to Empire State Orthopaedics services, as well as a conve- clude a full-service Metro Café, ly 2010, CCM leased 20,000 have Comprehensive Care leased 6,500 square feet. In an nient and highly visible loca- a fitness center, a state-of-the- square feet on the sixth floor Management as a major ten- expansion move, NY GI Center tion directly off the Hutchinson art teleconferencing center, an of Tower One and later took ant at the Hutchinson Metro recently leased 11,000 square River Parkway. The complex is on-site child care facility, an at- an additional 7,500 square Center. Their move here and feet in Tower One. also convenient for ambulettes tended gatehouse with 24/7 feet of space. In total CCM, recent expansion reaffirm the Currently, there are over 30 and has diagnostic and phys- security, landscaped court- has leased nearly 60,000 Hutchinson Metro Center as medical practices and health- ical therapy services on site. yards with gardens and seat- square feet of space, making the premier location for medi- care related firms located at The Hutchinson Metro Cen- ing/dining areas, a full-service it the single largest tenant in cal practices and healthcare the Hutchinson Metro Center, ter is also less than a mile from branch of Hudson Valley Bank, Tower One. companies that are looking to occupying more than 250,000 four major medical institutions a full-service pharmacy on site, CCM, which provides home grow their business in a subur- square feet of space. Among -- Albert Einstein College of an on-site executive car wash healthcare services to the el- ban-style campus setting with the other medical practices are Medicine, Montefiore Medical and detailing center, dry clean- derly, disabled and chronically state-of-the-art medical space University Diagnostic Medical Center, Jacobi Medical Center ers, sundry shop, ATM and ill in the New York Metro Area, and first-class amenities,” said Imaging; ENT & Allergy Asso- and Calvary Hospital. complimentary shuttle service was previously in four different Joseph Simone, president of ciates; Hutchinson Metro Den- Located at 1250 Waters to nearby subway stations. locations in the Bronx. Simone Development Compa- tal; Laboratory Corp. of Ameri- Place, Tower One features IMPACT — OCTOBER 2011 PAGE 9 Development Strategies in Difficult Times By Michael D. Zarin, Esq. and Daniel M. Richmond, Esq. Zarin & Steinmetz, White Plains WHITE PLAINS—The cur- ing such requests, developers viewed under current law. mation; or (iii) changes in proj- ect is delayed. Permitting fees rent real estate recession has have the right to insist on ob- ect circumstances. Analysis must be related to either the ac- resulted in many developers jective local criteria and speedy Dover, N.Y. of purportedly “unaddressed” tual cost or reimbursement of delaying the commencement determinations. Boards should This firm recently crafted impacts can often be found in implementing the regulation, or of approved projects. This ar- also consider the difficulty of legislation in Dover, N.Y., under existing SEQRA documenta- rationally related to mitigating ticle summarizes several pos- developing under current eco- local municipal home rule au- tion. This firm has also recent- a specific project impact. If the sible creative strategies for nomic conditions. thority, granting Vested Rights ly worked with municipalities project is delayed, there are no preserving development rights to developers for projects with and developers to create legis- costs or impacts. Nor can mu- until the housing and econom- Development Rights long-term build-outs. This leg- lation, which allows permitting nicipalities deposit or use such ic market improves. A developer in New York can islation assures that there will projects to adjust their program funds for general municipal only secure “Vested Rights” to be no zoning or other regulato- to economic conditions during purposes, without converting Permits complete a project where it has ry changes affecting the project their build-out without triggering the funds to an improper and il- Renewal requests are ex- undertaken “substantial con- for up to 10-to-15 years, provid- supplemental review so long as legal taxation. empt from SEQRA, meaning struction and substantial ex- ed that the developer diligently certain environmental thresh- Editor’s Note: Since 2003, that they are considered by law penditures.” This is unduly re- pursues implementation of the olds are not exceeded. The Building & Realty Insti- to have no new environmental strictive and impractical. project in accordance with cur- tute (BRI) has been lobby- or other adverse impacts. They Recent case law has sug- rent reasonable commercial Fees ing aggressively on reform should be granted without ex- gested that the courts might al- standards. Finally, developers should legislation for both the SE- cessive administrative delay. low developers to satisfy this seek to recover and or avoid QRA review process and The burden is on the regula- requirement by invoking their SEQRA paying permitting fees (e.g., in- the Vested Rights of all New tory agency to prove, through approval and permitting costs. The mere passage of time spection, recreation or perfor- York State property owners, credible evidence, that there If a developer has built one should not compel a developer mance bonds) where the proj- builders and developers. have been unanticipated mate- phase of a project, even if com- to update its environmental anal- rial changes in conditions that pleted years earlier, it should ysis. Data does not automatical- Readers interested in the actual text of the BRI studies and would adversely impact specif- seek to invoke the “single inte- ly become stale under SEQRA. legislation proposed on these important issues can contact ic health and safety conditions. grated project theory,” allowing Nor was SEQRA meant to be a any one of the following: Indeed, State law was amend- the developer to seek vesting perpetual process. Albert A. Annunziata, BRI Executive Director ed last year to allow planning of the entire project. Supplemental review should (914) 273-0730 or [email protected] boards to extend the time for Developers should also be only be contemplated by an satisfying the conditions of a fi- aware of the special exception agency if it can demonstrate Kenneth J. Finger, BRI Chief Counsel nal subdivision plat approvals theory, holding that where a through objective evidence that (914) 949-0308, ext. 4 or at [email protected] indefinitely, due explicitly to the municipality, in bad faith, delays there exists specific, material, Richard Hyman, RH Consulting and state/local current economic climate. certain project approvals or re- unaddressed adverse environ- planning consultant to the BRI Although the statute seem- newals to allow the regulations mental impacts arising from: at (914)-997-7200 or [email protected] ingly grants municipalities to be changed, the applicant (i) proposed project chang- Nathaniel J. Parish, Parish & Weiner, Inc., broad discretion in consider- has a right to have its project re- es; (ii) newly discovered infor- Planning and Zoning Consultant to the BRI (914) 997-7200, or [email protected] GHP Office Realty Completes Sale of White Plains Facility TECH TALK WHITE PLAINS—GHP Office Realty, an owner and manager of office properties throughout the New York metropolitan area, recently announced that it has sold a 45,000 square-foot office building at 12 Water Street in downtown White Plains. QR Codes: What The building is directly across the street from the Metro North Train Station. The facility was sold for $3,900,000. The building was vacant at the time of the sale, officials added. They Are and How GHP Office Realty purchased the property in 2002. For the last four years, the building has been fully leased to Con Edison. The pur- chasers are locally based investors. The new owners plan a com- By Andrea Wagner to Use Them plete renovation of the property. A re-branding and marketing pro- Wagner Web Designs, Inc. gram will begin as soon as the work is complete, spokesmen said. YORKTOWN HEIGHTS­—A Lynkee Reader. The software 3. Business Cards. Rath- In addition to being centrally located, the property has on QR Code (Quick Response is compatible with a wide vari- er than overload your business site parking, operable windows and small floor plates. Jamie Code) is a specific matrix bar- ety of modern “Smart Phones,” card with a ton of information, Schwartz of GHP Office Realty procured the buyers. The sellers code (or two-dimensional including iPhone, Blackber- you can just include the bare were represented by Elizabeth Smith of Goldberg Weprin Finkel code) that is machine read- ry, Sony, Motorola, Nokia and minimum, then create a QR Goldstein, LLP, officials added. able and designed to be read others. Code that leads people to your GHP Office Realty is the office building division of Houlihan- by “Smart Phones.” As an example, you could Twitter, Facebook, LinkedIn Parnes Realtors, LLC. The code consists of black walk into a store, use your pages, etc. modules arranged in a square “Smart Phone” to scan an item 4. Contests, Discounts, NEW SIGNAGE INSTALLED AT pattern on a white back- that has a QR Code on it, and Sweepstakes and Giveaways. ground. The information en- have immediate access to These methods can be very ef- PROVIDENT BANK PARK coded may be text, a URL, or the information. It’s their user- fective when used in conjunc- other data. friendliness which makes QR tion with QR Codes. You can Common in Japan, where Codes practical for individuals place these codes in your ad- it was created by Toyota sub- and businesses of all sizes. vertisements. sidiary Denso Wave in 1994, 5. Flyers. Suppose you own the QR code is one of the most Uses a restaurant. You could create popular types of two-dimen- The following are five ways a QR Code that goes directly sional barcodes. The popular- that you can use QR Codes to to a URL that gives a coupon ity of QR codes has taken the promote your business: or a discount on a meal and di- U.S. by storm this year. 1. Increase Website Traf- rections to your restaurant. Typical bar codes that you fic. QR Codes can lead to spe- You can generate and cre- see on food and clothing items cific URL’s. You can create ate your own QR Codes at: are linear one-dimensional codes that are specific to cer- http://qrcode.kawya.com codes that hold up to 20 numer- tain pages or products on your Editor’s Note: Andrea Wag- ical digits, whereas QR Codes site. A Realtor can generate ner has been creating web- are two-dimensional matrix bar- a code that goes directly to a sites for small business for Workers recently put the finishing touches on the scoreboard at codes that can hold thousands home for sale on their website. more than 14 years. Contact Provident Bank Park, the new home of the Rockland Boulders of characters of information. 2. Build Your E-Mail Sub- her for design, redesign, up- professional baseball team in the Town of Ramapo. In May, Prov- QR Codes can be scanned scriber List. You can build your dates for your site, or to dis- ident Bank announced it had signed a multi-year agreement that and read by camera-equipped E-Mail Subscriber List by creat- cuss creating a QR Code gives the bank exclusive naming rights for the state-of-the-art “Smart Phones” via software ing a link to your e-mail signup Campaign for your busi- ballpark. The agreement also designates Provident Bank as the that’s already installed on your form. Just make sure you give ness. Her company’s web primary marketing partner for the Rockland Boulders. Located phone, or with an application people a compelling reason to page is www.wagnerwebde- off exit 12 of the Palisades Parkway in Pomona, the new Provi- subscribe to your newsletter. dent Bank Park features more than 4,000 fixed seats, 16 luxu- that you download such as signs.com ry suites and 11 loge boxes, officials said. The park officially opened on June 16. ADVERTISE IN IMPACT (914) 273-0730 PAGE 10 IMPACT —OCTOBER 2011 Platinum Energy Group to Join Provident Bank Announces Steps to Fuel Growth US Energy Group’s Local Network MONTEBELLO—Provident Bank, a subsidiary of Provident FRESH MEADOWS, N.Y.— efficiencies and maintenance Efficiency Through Informa- New York Bancorp, recently announced that it was taking mea- US Energy Group recently an- issues and preventing cata- tion Management,” the compa- sures to reduce expenses to better position the bank for en- nounced that Platinum Energy strophic boiler malfunction. ny’s three flagship products in- hanced revenue growth. Group (PEG) will join its re- The system also automates clude: The repositioning of the company’s expense base will save ap- gional network of Authorized the new benchmarking require- • USE Manager, an Internet- proximately $10 million over the next year with about half of the System Integrators (ASI’s). ments, spokesmen said. based building management expense savings in personnel, which have been identified, and Officials for US Energy The Verifier Digital Fuel service which provides in- the remainder in other expenses, officials said. Group said that the move will Gauge accurately tracks and formation to keep buildings “Following these expense reductions, Provident Bank will be bring an enhanced expertise in certifies oil deliveries and us- running energy-efficiently well positioned for growth and improved financial performance,” installation and field service to age, preventing shortages. Cli- and cost-effectively; said Jack Kopnisky, president and chief executive officer of Provi- the firm, as well as a proactive ents can view fuel consump- • USE Controller Building dent Bank. approach to monitoring energy tion data in real-time across Energy Management Sys- A portion of the cost savings will be redeployed to new, reve- efficiency. an entire portfolio of buildings tem (BEMS), which controls nue-generating initiatives designed to improve efficiency and en- US Energy Group’s ASI’s with US Energy Group’s at-a- and monitors energy and hance customer experience, spokesmen said. have undergone advanced glance, online USE-Manager fuel use, prevents overheat- Headquartered in Montebello, Provident Bank, with $2.9 bil- training in the installation and system. They also receive real- ing and provides significant lion in assets, is the largest independent full-service community commissioning of the compa- time text message alerts about savings with payback in less bank in the lower Hudson Valley, officials said. The bank operates ny’s flagship Building Energy maintenance issues which are than two years; 35 branches that serve the Hudson Valley Region, including three Management System (BEMS), simultaneously sent to ASI’s • USE Verifier, a patented ul- Commercial Banking Centers in Westchester County and one of- including the patented Veri- who can intervene and correct trasonic measurement sys- fice in Bergen County (N.J.). The bank offers a complete line of fier Digital Fuel Gauge. ASI’s problems before they require tem which enables building commercial, retail and investment services, spokesmen added. are the only entities authorized costly repairs, officials added. owners and managers to to install US Energy Group’s “This will certainly be a syn- verify the amount of oil they BEMS, officials said. ergistic relationship - we are receive, as well as control Goldschmidt and Platinum Energy Group has proud to welcome Platinum their inventory and budget. been advising owners of all Energy Group to our team of The USE Controller BEMS Associates Reports types of buildings for 43 years. Authorized System Integra- and USE Verifier have received The firm utilizes an extensive tors,” said Bruce Kafenbaum, the ETL Mark, indicating supe- New Rochelle Transaction New York area field team of 155 US Energy’s senior vice presi- rior product safety and qual- experienced and trained pro- dent of business development. ity. With US Energy Group’s NEW ROCHELLE -Goldschmidt and Associates recently an- fessionals, company spokes- Officials said that the growth products and services, build- nounced that it has brokered the sale of 518-522 Main Street in men said. of US Energy Group’s list of ing owners save money, con- New Rochelle. Officials added that the ASI’s is in line with the focus on serve energy and enhance The 17,400 square foot property was sold to a private LLC, of- company has built “a large and offering innovative technology tenants’ comfort, company of- ficials said. The asking sales price was $1,600,000. The owners extensive portfolio of ener- that delivers real-time essential ficials said. are using the property to relocate their juvenile furniture and ac- gy efficient buildings and loyal information and comprehen- Founded by Schwartz in cessory store from their previous location on North Avenue. customers.” sive building energy manage- 1968 as SNS Organization, “This was a win-win for everyone,” said Eric Goldschmidt, se- “Platinum Energy Group is ment solutions. It follows that Platinum Energy Group has nior partner of Goldschmidt and Associates. “It was a win for the proud to be selected as a US the company is selecting and become a complete energy purchasers, who were able to maintain their long-standing busi- Energy Group Authorized Sys- partnering with highly respect- source for all types of buildings ness in downtown New Rochelle. It was also a win for the City of tem Integrator,” said Stuart ed, visionary organizations— in New York, Charlotte and New Rochelle as it confirmed the downtown’s stability as an im- Schwartz, chief executive offi- like Platinum Energy Group Philadelphia, spokesmen said. portant area retail hub.” cer of Platinum Energy Group. —which have extensive field With more than 45 current in- Ralph DiBart, director of the New Rochelle Business Improve- “Both of our companies recog- expertise in all types of build- dependent energy related proj- ment District (BID), played an important role in the negotiations nize the importance of timely ings and energy systems, and ects ranging from $30,000 to among the seller, purchaser and city, spokesmen said. and accurate information as an an innovative approach to en- $36 million, Platinum Energy The property was vacant for years following the closing of The effective approach to building ergy management, spokes- Group provides a wide-range of Palace Disco. When the seller’s plans for the property changed, energy management. US En- men added. services. They include design, Goldschmidt was retained to find a viable user for the property, ergy Group’s BEMS is an ear- Founded in 1978 by Chief installation and repair of com- spokesmen said. ly warning tool that drives fuel, Executive Officer Jerry Pindus, mercial and industrial power Goldschmidt and Associates was also the broker for the ar- energy and water efficiency.” US Energy Group is a building plant control systems; the repair ea’s CVS, Citibank, and various Avalon retail transactions, offi- US Energy Group’s BEMS energy management solutions of low and high pressure ves- cials added. reduces fuel usage by 15-to- firm. The company develops sels; the direct sale of gas and Goldschmidt and Associates, celebrating its 20th anniversary, 35 percent with payback with- and integrates energy control, electricity; tank replacement and specializes in the leasing and sales of retail, commercial and in- in two years - monitoring, high- monitoring and analysis hard- testing; plumbing and electrical dustrial properties in the New York Metropolitan area. lighting and tracking essential ware and software systems for work; boiler installations; energy HVAC system information, pro- large residential and commer- efficiency retrofitting; NYSER- GHP Office Realty viding an automated function cial properties. DA-qualified contracting; and to identify and respond to in- With the slogan “Building thermographic imaging. Announces a Major CPC Closes on Loan to Finance Lease in Elmsford ELMSFORD—GHP Office Realty, a major owner and manager Highview Estates of properties in Westchester County, recently announced that POU G HKEEP s i E— T h e Originally developed as a a total of nearly $45 million in it represented the landlord in completing a 55,750 square foot Community Preservation Cor- rental complex, Highview Es- financing for more than 1,200 lease to Urnex Brands in one of the largest leases, to date, in poration (CPC) recently an- tates was converted to a co- units in Poughkeepsie.” Westchester for 2011. nounced that it has closed on op in 1987. There are very few CPC’s loan will be 50 per- Urnex Brands will be relocating and expanding its corporate a $3 million permanent loan co-ops in Dutchess County. cent insured by SONYMA, headquarters, sales, showroom and manufacturing facility from to finance Highview Estates, The co-op plans to make some spokesmen said. Officials add- Yonkers to a new, state-of the-art facility in 700 Executive Boule- a 139-unit garden apartment capital improvements, officials ed that the proceeds will refi- vard in Elmsford. cooperative built in 1972. said. nance the existing CPC mort- Urnex Brands was founded in 1936. It is the world’s leading Located at 26 Cooper Road, The borrower is Highview gage on the property and manufacturer and supplier of specialty cleaning products for cof- Highview Estates is situat- Estates Owners Corp., a co- provide building reserves fee and espresso machines, officials said. In 2005 it created the ed with easy access to shop- op housing corporation that needed for future capital im- Puro Caff Group, which, in part, has been responsible for the ping and services along Route was incorporated in the state of provements and repairs identi- firm’s explosive growth and need for more space. 44 and Route 55, as well as New York in 1987. fied by CPC’s engineer. The 700 Executive Boulevard facility was built in 1970 by Rob- to Route 9, the Taconic Park- Doug Olcott, senior vice CPC is a not-for-profit mort- ert Martin Company in the Cross Westchester Executive Park. way and public transportation, president and director of lend- gage lender that finances res- The facility has been completely redone with new, green ener- spokesmen said. ing for CPC’s Hudson Valley idential multifamily develop- gy efficient technologies. A total of 48,000 square feet, with three The property includes 9 two- Region Office - which handed ment throughout New York and loading docks, remains vacant and available for lease, spokes- and three-story buildings, with the loan - said: “CPC is again New Jersey. Since its found- men said. 72 one-bedroom units, 59 two- pleased to invest in a multi-fam- ing in 1974, CPC has invested Bill Anson of Anson Real Estate represented the tenant. Ste- bedroom units, 8 three-bed- ily complex in Poughkeepsie. more than $7.9 billion in more ven Hirsch, Esq. represented the landlord, officials added. room units and 215 parking To date, CPC’s Hudson Valley than 143,000 units of housing, GHP Office Realty is the office building division of Houlihan- spaces for owners and guests. Office has closed 70 loans for officials said. Parnes Realtors, LLC. Become a member of the Builders Institute (914) 273-0730 • www.BuildersInstitute.org IMPACT — OCTOBER 2011 PAGE 11 VHB Appoints Two Senior Engineers to its White Plains Office WHITE PLAINS—VHB Engi- augment its New York opera- Roc City and Trump Plaza in Canning’s experience in- gen Brustlin, Inc., an 850-person neering, Surveying and Land- tions, spokesmen said. New Rochelle. cludes serving as the transpor- firm that provides integrated scape Architecture, P.C. Junghans, who previous- In addition to managing proj- tation consultant for the towns of planning, transportation, land (VHB) recently announced the ly served as office manager ects, staffing and scheduling, Bedford, Cortlandt and Wood- development and environmen- appointment of two senior engi- at VHB’s Edison (N.J.) office, Canning provides cost control bury and the Villages of Elms- tal services from 21 offices neers, Mike Junghans, PE, PP will be working on site/civ- and quality assurance servic- ford, Tarrytown, Port Chester along the east coast. and John Canning, PE, to serve il engineering projects in the es and has served as a liaison and Nyack. He obtained his de- Engineering News-Record Westchester and Mid-Hudson with public and private clients. gree in civil engineering from ranks VHB 80th of the Top 500 Valley area. He has extensive experience the University College of Dublin. U.S. Design Firms and among Canning, who joined VHB preparing traffic impact studies, Canning is an Irvington resident. the Top 50 Transportation as a project manager, will lead accident/pedestrian analyses VHB is affiliated with Water- Firms in the nation, company the White Plains office’s trans- and parking utilization studies. town, Mass.-based Vanasse Han- officials said. portation division. A 10-year veteran of VHB, Junghans’ areas of expertise Leboffe Joins Provident Bank as include land development, per- mitting, site design layout, grad- ing and utility design, as well Business Manager/Assistant VP as storm water management, MONTEBELLO—Provident versity, is a member of the In- residential development and Bank recently announced that vestment Company Institute’s Brown­fields redevelopment. He Thomas Leboffe has joined Pension Committee. He is a has worked on retail, corporate, the bank as Business Manager resident of Warwick. industrial and government proj- and Assistant Vice President. “We are delighted to have Mike Junghans ects throughout the New York Leboffe will have the respon- someone of Thomas Leboffe’s metropolitan area. sibility of managing the overall caliber and experience joining Junghans obtained his sales and customer services the bank as Business Manager Bachelor of Science Degree in operations of the bank’s Mon- of our Monroe branch. He brings Civil Engineering from North- roe branch. to his new position more than 20 eastern University and his Leboffe, who has 24 years years of experience in banking Master of Science Degree in of experience in the banking and financial services. We look Civil Engineering from Rutgers and financial services industry, forward to having him on board,” University. Junghans regularly was previously with Key Bank, said Richard Jones, executive provides engineering services where he was responsible for Thomas Leboffe vice president, business servic- to Stop & Shop, Garden Com- hiring, training and coaching ager for Bank of America’s es of Provident Bank. mercial Properties, Garden the bank’s branch teams in branch in Monticello. He began Headquartered in Montebel- Homes, CVS, Digital Realty Monticello and Marlboro. his career as Vice President lo, Provident Bank - with $2.9 Trust, and JP Morgan Chase. Prior to joining Key Bank of AIG Asset Management in billion in assets - is the largest Canning’s experience fo- in 2008, Leboffe was Branch New York City. Leboffe, who independent full-service com- cuses on traffic engineering Manager for NBT Bank in One- earned a Bachelor’s degree munity bank in the lower Hud- John Canning and transportation planning onta and Banking Center Man- in Finance from Rowan Uni- son Valley, officials said. clients in the Westchester and on projects with a combined Mid-Hudson Valley area. construction value exceeding VHB has been working in $2 billion, officials said. The the region for almost a de- projects include City Center, cade. The company acquired the Ritz Carlton, Bank Street the White Plains-based firm Commons and Avalon in of Saccardi & Schiff in 2010 to White Plains, as well as New Houlihan-Parnes Reports New York Transactions NEW YORK—Houlihan-Parnes Realtors, LLC recently an- nounced that it has arranged for the successful sale of five apartment buildings in the northwest Bronx. The facilities include two, six-story elevator buildings. Included in the sale are 2710 Valentine Avenue, which contains 36 apart- ments and 2695 Briggs Avenue, which contains 48 apartments. Also included are three, five-story walk-up apartment buildings that have been sold. They include: • 2737 Webb Avenue, on the corner of West 195th Street, which contains 26 apartments; • 3202 Kossuth Avenue, which includes 32 apartments; • 3215 Hull Avenue, which includes 54 apartments. Both the Kossuth Avenue and Hull Avenue properties are north of the Mosholu Parkway. Officials said that the properties had been owned by a group of investors, including members of Houlihan-Parnes Realtors, LLC. The properties were sold in separate transactions to several in- vestors. All of the sales closed during last July, officials added. Spokesmen said that the properties sold for an aggregated price of just under $19,000,000. Jim Coleman of Houlihan-Parnes Realtors, LLC, oversaw the sale of several of the buildings and was assisted by John Manous and Michael Cuniberti. Andrew Albstein and Doran Golubtchik of Goldberg Weprin Finkel Gold- stein, LLP were the attorneys for the sellers in the transactions. Houlihan-Parnes Realtors, LLC is a real estate investment company headquartered in White Plains. The firm’s companies and affiliates are engaged in the acquisition and ownership of all types of commercial real estate investment property in the con- tinental U.S. Its various companies and affiliates specialize in commercial mortgage finance, investment sales, property man- agement, leasing, mortgage servicing and consulting, company spokesmen said. PAGE 12 IMPACT —OCTOBER 2011