WPCNR QUILL & EYESHADE. By John F. Bailey.  March 12, 2010: White Plains sales tax receipts continue to erode at a disastrous  cumulative pace which keeps compounding the city reservoir of red ink week by week.

The New York State Department of Taxation and Finance today reportes Sales Tax Collections for the first 8 months of the White Plains 2009-10 fiscal year are 22% behind the 2008-2009 pace, $7.1 Million off what was collected last year through eight months.

If the present 7 to 8% rate of decline does not turn up dramatically,  City Sales Tax Receipts will lag $10 Million behind last year’s actual collections and possibly $11 Million short of forecast. The $11 Million sales tax gap alone would precipitate drastic budget cuts in 2010-11, or a property tax increase of 33%.

The February Sales Tax Receipts were down 7.3% from February 2009,  according to figures released to The CitizeNetReporter by the New York State Department of Taxation and Finance.

This is the third consecutive month sales tax receipts have declined  in the White Plains city limits. It should be noted that a major snowstorm may have affected the February Presidents’ Day sales in White Plains. By contrast, Westchester County sales tax receipts the first two months of the county fiscal year is down just 3.6%.

WPCNR WHITE PLAINS LAW JOURNAL March 11, 2010: On March 2, the City of White Plains filed a suit  in New York Supreme Court against the White Plains Police Benevolent Association (the police labor union) which asks the court to declare “null and void” the December 29,2008 Memorandum of Agreement between Mayor Joseph Delfino and the police putting in place the 12-hour work shifts for patrol personnel on the grounds that “the December 29, 2008 MOA was never approved by the Common Council.”

The suit filed also asks the court to direct the City and PBA “to restore nune pro tune all the terms and conditions of employment in effect prior to the implementation of the December 29 MOA,” : the previous 8-hour work schedule, vacation leave,personal leave, administrative worki schedule and court time provisions.

Richard Zuckerman of Lamb & Barnosky, the labor attorney for the city, is the city attorney on the matter. Harry Greenberg of  Greenberg Bruzichelli Greenberg is the counsel for the WPPBA.

The new city administration estimates the new work shifts have cost the city over  $100,000 in cash payments to police for compensatory time (a new option which previously paid in compensatory time off only)  earned by the new work rules in the first six months of the program this fiscal year. Previously the former Commissioner of Public Safety, Dr. Frank Straub, had touted the 12-hour shifts as having significantly cut overtime.

The lawsuit contends that Mayor Joseph Delfino and the union implemented the 12-hour shifts without approval of the Common Council making continuation of the 12-hour shifts up to the discretion of the Police Commissioner. Previously, the council did not contest that arrangement after they agreed to a 9-month trial of the program which came up for extension in October of 2009.

WPCNR WHITE PLAINS LAW JOURNAL. March 10,2010: Matthew Gallagher of the County Attorney Office advised WPCNR today that the former councilman Glen Hockley, who ran unsuccessfully as a write-in candidate against Adam Bradley for Mayor in the fall, after having been denied a position on the November ballot, filed answer papers to the County motion for dismissal of Mr. Hockley's suit alleging his civil rights were violated by the Board of Elections during the November election, among other matters.

Mr. Gallagher said the county has until April 5 to prepare its rebuttal to Mr. Hockley's papers, and said that after that date,  Judge Kathy Seibel might be expected to rule on the lawsuit.

WPCNR COUNTY CLARION-LEDGER. From Ned McCormick, Westchester County Director of Communications. March 9, 2010: Faced with a projected county government deficit of at least $166 million next year – and more than double that by 2013 – County Executive Robert P. Astorino today outlined the short-term steps that his administration will implement immediately and the long-term measures, including possible layoffs of hundreds of employees, that must be considered to close the shortfall.

County Executive Rob Astorino at his Inauguration in January

            Since taking office Jan. 1, Astorino has been meeting with his department heads and budget experts to deal with the looming deficits. Today’s announcement is the outcome of that effort and includes $16 million in short-term operational savings that can be implemented this year without immediate layoffs.  He also detailed the options under consideration to reduce spending next year and beyond.  

The Bradley case was first heard in White Plains City Court on Friday morning, then was transferred to County Court. Police barricades had been set up on either side of the walkway leading to the steps of the Public Safety Building, where the White Plains City Court is located. Several uniformed police were on duty outside. Reporters and cameramen from television stations were in a barricaded area off to one side.

Several other cases were heard by City Court Judge Eric Press before the Bradley case was called. Mayor Bradley's attorney, Luis Penichet, waived a reading of the charges, stated his client was not guilty, and stated that, in his opinion, this is not a criminal matter.

Jurisdiction was transferred to the Westchester County Court's domestic violence part. Judge Press refused to hear anything substantive about the case, saying he no longer had jurisdiction.

However, Mrs. Bradley's attorney, Mr. Comer, and Mayor Bradley's attorney, Mr. Penichet, attempted to have Judge Press lift an order of protection which was issued last Sunday and prohibited Mayor Bradley from having contact with his wife.

Comer said Fumiko Bradley did not need and did not want the order of protection. He also told Judge Press that Mrs. Bradley does not want the case to go forward. He said that Mrs. Bradley does not feel endangered by her husband. Fumiko Bradley, dressed in black and standing with her attorney, was observed to be dabbing her face as if wiping away tears. Mr. Comer expressed the opinion that Judge Press retained jurisdiction until court closed on Friday and could lift the order of protection. Judge Press held his position, and the parties left City Court.  

Across the Street

The scene then shifted to the Westchester County Courthouse, where the case was quickly added to the calendar of Judge Susan M. Capeci. When the case was called in late morning, Mayor Bradley's attorney, Mr. Penichet, told the judge that a deposition from Mrs. Bradley which was submitted in support of the third degree misdemeanor charges was not a “sworn document.”

A copy of document  had been obtained by a reporter and circulated among the news people covering the story at the courthouse.  It was not handwritten by Mrs. Bradley. It had been prepared by a White Plains detective, and was the result of an  interview with Mrs. Bradley.

Excerpts were broadcast and published Friday by some news outlets. Mrs. Bradley's attorney, Mr. Comer, told the judge that English is not Mrs. Bradley's first language, she did not understand the technical meanings of things she was signing and doing, and she was influenced by people giving her advice which was not in her best interest.

When asked outside the courtroom by WPCNR to identify the people to whom he was referring, Comer would not elaborate. Ms. Puerto of the DA's office told Judge Capeci that Mrs. Bradley did not indicate to her during their interview that she had trouble with English. 

Penichet told Judge Capeci that they were ready for trial, and could even begin in a few hours. He emphasized that a speedy trial is important. He also said that they would want a jury trial.

The judge scheduled a pre-trial conference for April 1. Rather than completely lifting the order of protection as requested by the attorneys for both Mayor and Mrs. Bradley, Judge Capeci modified it so the two can again have contact with one another. It was noted that the order of protection did not prohibit Mayor Bradley from seeing their two daughters.

The order of protection had been issued after he was charged and arraigned last Sunday. Mrs. Bradley's attorney, Mr. Comer, later told WPCNR that modifying of the order of protection will permit the Bradley's to work together on resolving the difficulties their marriage has experienced. Comer also told WPCNR that he did not expect any further court proceedings until the April 1^st conference.  

BULLETIN

WPCNR WHITE PLAIN LAW JOURNAL. Special to WPCNR from Peter Katz. March 5, 2010: In proceedings finishing about fifteen minutes ago, Mrs. Adam Bradley, who charged her husband with assault last Sunday, said in City Court today, she wanted the charge of Assault in the 3rd Degree dropped.

She said she also wanted the court order of protection preventing her husband, Mayor of White Plains Adam Bradley, from seeing her, dropped.

Mrs. Bradley's attorney, Neal Comer, said that if the county should proceed in the case, Mrs. Bradley will not testify to support the charges. Mr. Bradley is accused according to the police report  of forcibly slamming a door on Mrs. Bradley's left middle finger Sunday morning. At about 3 P.M. last Sunday Mrs. Bradley filed charges against Mr. Bradley.

Judge Eric Press said he no longer had jurisdiction in the case and the matter is now moving over to the County Court Domestic Violence Part. Mrs. Bradley, appearing in court this morning appeared to be "in tears."

Fumiko Bradley said she wanted the order of protection prohibiting her husband, Adam Bradley from seeing her or staying in their house lifted because it is interfering with her marriage. She indicated she never asked for an order of protection to be put into effect. The order was put in place by the City Judge at Mr. Bradley's arraignment Sunday afternoon.

WPCNR CITY HALL CIRCUIT. By John F. Bailey. March 1, 2010: The prediction by financial consultant Eileen Earl Bradley, former City Budget Director that the White Plains Assessment Roll would decline $3.7 Million which she put out in January of this year, has come true PLUS $200,000.

The Assessment Roll for 2010 published today at the Accessor's Office shows the City Assessed property values as $281,318,866 compared to $285,212,346 in 2009, a decline of $3,893,480.

It was the eighth year in the last nine that the assessment roll has declined in White Plains since 2002-2003. In 2002-2003, the roll was at $318.9 Million. In 2010 it has declined to $281.3 Million , a $37.6 Million decline representing roughly $15 Million in property tax revenue lost for the school district.  In the last two years, the assessment roll has declined $9 Million costing the school district alone about $6 million in revenue the last two years.

WPCNR CITY HALL CIRCUIT. By John F. Bailey. February 21, 2010: The Bradley Administration is putting the finishing touches on a new “Sewer Usage Charge” on city water use, Mayor Adam Bradley’s Chief of Staff, John Callahan confirmed to WPCNR Sunday.

John Callahan, City Chief of Staff.

The legislation now in process, WPCNR estimates, could conceivably generate a $1Million windfall to the city, by channeling the surcharge into a new Sewer Fund, similar to the City Water Fund, while spreading the cost of maintaining the city sewers proportionately to the largest users. Presently the cost of maintaining the sewers is charged in the city general fund.

The legislation, not yet presented to the Common Council, Callahan said, would transfer part of the cost of maintaining the city sanitation sewer system to properties now tax-exempt from the city property tax, including county-owned buildings, federally-owned buildings, hospitals, churches and the city school district, all of which are now city property tax-exempt.

WPCNR RETROSPECTIVE. By John F. Bailey. (Reprinted from the CitizeNetReporter, 2003): It is George Washington's Birthday again. The time when we remember the first leader and the best. It is instructive to look at our first leader, George Washington, the father of our nation. 

The Jacob Purdy House, a National Historic Site, was built c. 1721, and served as Washington's Headquarters both during the Battle of White Plains, on October 28, 1776 and again in 1778.
(Photo, WPCNR NEWS ARCHIVE)

One cannot help be reminded of the snowy winter at Valley Forge, when the bedraggled, poorly equipped rebel army suffered but held together, and attacked the Hessians in Trenton on Christmas Eve, 1776, crossing the Delaware River at night. What kind of man was he that George Washington could inspire his troops against all odds?

Washington was a man of tremendous character. Where did he get this character? He specialized in self-control at an early age:

Bob Castelli Being Sworn In by former Justice Charles Banks in Mount Kisco today.

“New Yorkers are hurting,” Castelli said.  “State, county and local governments are running short on funding and taxpayers are continually squeezed for more and more of their hard-earned dollars. Together, we overcame tough odds to win this election.  With your continued support, we can change the way things are done in Albany and work to make the state a more affordable place to live while laying the foundation for a stronger New York”
 
After taking his Oath of Office, Assemblyman Castelli remarked that he is looking forward to getting to work at the state capitol reiterated his campaign pledges to reform Albany’s corruption and dysfunction, and cut state spending and property taxes to reverse New York’s hostile business climate and foster an environment that creates private sector jobs.

“We need to move away from the tax and spend politics of the past and move the state in a new direction, one of fiscal responsibility and reduced burdens. That’s why I was elected to represent the 89th Assembly District and that’s what I will be fighting for in Albany and at home,” Castelli said.   

Castelli noted that he looks forward to shaking up the status quo in Albany and restoring the publics confidence to what is widely regarded as the most dysfunctional state government in the nation. 

“There is no greater threat to the hard-working honest taxpaying citizens than government corruption,” Castelli said. “With every ounce of my being, I will fight to enact the toughest ethics legislation in the nation to put an end to the corruption in Albany and restore public confidence in state government more affordable place to live for hardworking families.”

WPCNR's The Daily Bailey. By John F. Bailey. February 13, 2010 Reprinted from the WPCNR Archives: No, not whom you think.

Friday marked the birthday of Abraham Lincoln, whose Presidential performance during the Civil War (1861-1865) was perhaps the most admirable of any American President. He had to create things as he went, dealing with a complex political issue: slavery, while deciding to fight a war to preserve a divided nation.

How did Abraham Lincoln handle pressure and political opportunists? He did not have press agents and spinmasters and talk show hosts and superior punditry critiquing his every move and loading him up with advice. 

Though he did have the "crusading editors" and "editorial boards" of his day.  Let's take a look at the Big Guy  from Illinois

WPCNR QUILL & EYESHADE. Special to the CitizeNetReporter. February 11, 2010 UPDATED, FEBRUARY 13, 2010f UPDATES IN ITALICS: White Plains Sales Tax Receipts declined for a second consecutive month in January, down 8.2% year-to-year, according to  figures furnished to WPCNR by the New York State Department of Taxation and Finance.

Westchester County Sales Tax Receipts in the first month of their new fiscal year, 2010, were down 4.8% from January 2009 indicating for the second consecutive month that persons possibly may be avoiding White Plains because of its present sales tax and aggressive parking enforcement policies. County Sales Tax Receipts are down 5% while City of White Plains receipts -- the retail center of the county are down 8.2%.

The city is currently thinking about raising its sales tax share to 2-1/2%.

WPCNR COUNTY CLARION-LEDGER. From Westchester County Board of Legislators. February 11, 2010 UPDATED 12:25 P.M. E.S.T.: Westchester County Board of Legislators Chairman Ken Jenkins announcement that Starwood Hotels planned move to Stamford may not go forward was apparently optimistic. His news release appears based on an erroneous article from The Wall Street Journal.

However, the optimism of Mr. Jenkins was apparently based on a Wall Street Journal report on Monday reporting that federal stimulus funds could not be used to influence businesses to move to other states, according to Jim Zebora, Business Editor of The Stamford Advocate, who spoke with WPCNR this morning. 

Zebora told WPCNR this morning that the Wall Street Journal has since corrected the story. Zebora explained that Connecticut stimulus funds are going into the southend Stamford project. However, Starwood is planning to move into Harbor Yard which is next to the southend development, and therefore not affected. Zaborah said the move is unaffected. Starwood Hotels has not commented on the report, though contacted by WPCNR

WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. February 10, 2011: The Westchester County Attorney’s office filed a motion to dismiss Monday in U.S. District Court, asking Judge Susan Cacace to dismiss the  suit filed by former Councilman Glen Hockley and Martin London alleging “Conspiracy with Malicious Intent by Individuals acting under cover of Government Authority for the Purpose of Keeping Glen Hockley off the Ballout, Trying to Suppress the Vote During Election Day and their continuing efforts after the election of trying to manipulate the results.”

Glen Hockley, former White Plains Councilman will respond in two weeks to keep his court case for a new election for Mayor going.