Over 100 Homes Flood in WP…as of 7 PM Sunday

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WPCNR POLICE GAZETTE. From White Plains Department of Public Safety. April 15, 2007 UPDATED 12:15 AM EDT, April 16, 2007 UPDATED 9 AM Monday, April 16 : The 5 and 1/4 inches of rain that have fallen in White Plains as of 9 PM Sunday evening  had caused backups into over 100 basements of homes in the city according to White Plains Police. As of Monday morning, daybreak 7-1/2 inches of rain had fallen in White Plains.



Deputy Commissioner Daniel Jackson issued this statement at 9 PM Sunday evening: “We had over 100 flooding calls by 7 pm. By now, 160 is reasonable. They’ve opened up shelters in New Rochelle and Mamaroneck due to coastal flooding. Our crews will continue to prioritize flooding calls and respond as they can. Residents should be cautious of standing water especially near any  electrical sources.”


 



Another resident on Pilgrim Road advises the CitizeNetReporter: We live on Pilgrim Road, backing up to the Greenway (the destruction of Railside Avenue is just behind us). Here are some shots of our yard around 4:30 yesterday afternoon. Not exactly the swimming pool of our dreams. Nor did we need the indoor pool, which we now have in our basement. My husband has been attempting in vain to shop vac all of the incoming water since yesterday afternoon, and will be taking today off from work to do the same. But it looks like the basement is a complete loss at this point.



Backyard on Midchester Avenue, 5 PM. Resident writes: “We now have lake front property.  This is our backyard at 5 PM.   We must have an additional 3 more inches coming down since this pic was taken and it is still pouring out at 11:50 PM.  They are saying that the area had 4-7 inches so far.” WPCNR Official count of inches as of 9 PM: 5.25 inches.  Photo by Candyce Corcoran for WPCNR News


 



Bubbling Personhole at Highlands School, Old Mamaroneck Road & Hartsdale Avenue, White Plains 5 PM. The stormwater drains were bubbling up all over town, at Saxon Woods Pool and the Hutch, at  Rosedale Ave and Mamaroneck Avenue, among two such sightings. Photo by Paula Piekos for WPCNR News.



Mamaroneck Flooding Under Railroad Station Trestle at bottom of Halstead Avenue. Flooding goes up hill under bridge. 8 PM Sunday evening. Photo by Paula Piekos for WPCNR News


Nowhere is the devastation more heartbreaking than in Mamaroneck. Ms. Piekos, in getting these photos for WPCNR reports:



“After I spoke to you I went to CVS to pick up the Railside prints and  tried to get the new Mamamaroneck  ones. While I was in there, a cashier told me  that a lady came in crying and said that her house in Mamaroneck was ruined and she can’t go to it.


While I was taking to the photo guy, his coworker came up and said his girlfriend, a waitress in Mamaroneck  just called him and said that the restaurant will be closed for about 3 weeks because the water came into the restaurant up to the dining table tops.


When I told you that it looked like they had big trucks with giant shovels on them, it turns out that they were using them with a flat bottom thing that they put people on to drive them out of the water
from their homes. “


Ms. Piekos adds, “The rail trestle is at the bottom of Halstead, where it meets Mamaroneck Ave,
Hillside is up the hill off Halstead. If you go down Hillside, the  flooding spreads from Howard Ave.  The 6 feet of water is in the area of the trestle. I couldn’t see it because it looked  just like a lot of black water. “


She said you cannot reach Mamaroneck via Mamaroneck Avenue, and the streets and homes “look like a FEMA scene.” She reports being told by residents from their homes that “the current” of the water in the streets is too strong and not to venture closer. She reports the usual trickle of the Mamaroneck River usually no more than a brook,  is a swollen torrent. 

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Over 5 inches of rain swamps White Plains in 18 Hours..Road Report

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WPCNR BUMPER TO BUMPER. From Westchester County Department of Communications. April 15, 2007:  In an update received moments ago, County Executive Andy Spano tonight (8:45 p.m.) declared a limited state of emergency for the Sound Shore area of the county. The declaration came after the county conferred with the governor’s office. It will give the county the power to better mobilize help to the flooded areas.


Stay off the roads, not just in the sound shore areas. That’s the message from Westchester officials, as they deal with today’s storm and the accompanying floods.


Westchester’s parkways are all impassable and are generally closed. The storm is coinciding with a period of higher than normal spring tides. Tonight’s high tide combined with surge from storm will cause moderate flooding along the coast.  Tomorrow morning’s high tide at 10:44 am may also have significant coastal flooding.


Many parkways will still be closed tomorrow. County officials are warning residents to make arrangements and plan alternate routes to get to work. Residents should NOT drive through ponds of water.



 


 Here are the conditions at 6 PM:


 


Mamaroneck village: Village officials have ordered a mandatory evacuation for parts of the Orienta section of the village near Long Island Sound.  These include:  Flagler Drive, Orienta Avenue, North James Street, and other areas of the Harbor Heights area.  


 


Mamaroneck town: Town officials have a voluntary evacuation order for some residents living on Hommocks Road, Pryer Manor Road, Dogwood Lane, Premium Point, Wildwood Circle, and Pheasant Run.


 


A shelter, supported by the Red Cross, has been set up at Mamaroneck High School for residents of Mamaroneck Town and Mamaroneck Village.        


 


Rye: An evacuation center has been opened at the Rye Country Day School, with Red Cross support for food and water.


 


Road Closings:


                                               


Cross County Parkway East at the Hutchinson River Parkway


 


Hutchinson River Parkway North and South at East Lincoln Avenue (Pelham/Mount Vernon) 


 


Bronx River Parkway North and South at Sprain Brook Parkway


 


Saw Mill River Parkway at the New York City line, Route 199 to I-87 at


Clarence Ave, both directions.


 


Bronx River Parkway closed: from 233 through Main Street; White Plains


 


Saw Mill River Parkway: closed from exit 7 – 16 (both directions and all ramps)


Saw Mill River Parkway: south bound closed at Elmsford (Rt. 119), north bound will be closed shortly


 


Bronx River Parkway: closed from Sprain Brook Parkway to Main Street in White Plains (both directions and all ramps)


 


Taconic State Parkway: closed at the 1.9 mile marker (between Commerce and Stevens)


 


Hutchinson River Parkway: closed from Exit 7 (US. 1) to Cross County Parkway (both directions and all ramps)


 


WPCNR observes that the Hutchinson River Parkway southbound at the I-684 southbound ramp…is flooded where it passes the Maple Moor Golf Course. Motorists should avoid, as water was a foot to 6 inches deep across three lanes.


 


 


On the Web:


 


Hudson Valley Traffic


http://www.hudsonvalleytraveler.com/perl/WestchesterMapForm.pl


 


 

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Bernstein Would Rather Fight Than Switch. Leaning to Primary.

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WPCNR BACKROOM BULLETIN. By John F. Bailey. April 15, 2007: Councilman Bernstein in a WPCNR exclusive interview Sunday afternoon said he was “going to let the people of White Plains decide,” whether or not the Democratic Party should renominate him as its third candidate for Common Council.


Bernstein told WPCNR he was not going to ask to be put on the Democratic City Committee ballot that is presented to the district leaders April 25, to decide who will be officially nominated for the party for the seat.


Instead, Bernstein said “I’m strongly considering a primary,” against whomever is nominated. WPCNR has learned that today was the day when candidates wanting to be considered by the District Leaders of the party on the party ballot April 25 had to place their name with the party leadership.



Councilman Arnold Bernstein, shown in his most recent public appearance at the Excell Program for Spanish language, as  Chair of the White Plains Youth Board, greeted the throng of 55 with three lines of fluent Spanish which was greeted by applause, and invited the audience to explore the 50 programs for youth that the Youth Bureau offers.  (He was the only city elected official to appear. Mr. Bernstein says, he’s primarying for his Council Seat. Photo, WPCNR News Archive.


“The Democrats that make up the quiet majority of the city of White Plains are not in the same tune as the Democrats who control the City (Democratic) Committee.” Asked if he was definitely not going to a floor vote, Bernstein said, “Probably not. I haven’t really made up my mind, but the odds are I won’t.” Asked if he would primary, Bernstein said, “I’m leaning very heavily in that direction, Yes.”


Asked if he primaried against, that precludes him going to another party, Bernstein says, “I believe as a Democrat, I can prevail and I can be the best Democrat in the race.” Bernstein said he expected to be running against Dennis Power, Benjamin Boykin and Milagros Lecuona, the three personalities officially recommended by the City Nominating Committee.


Bernstein noted that when he was originally nominated for council four years ago, he was challenged on the floor by Eridania Camacho-Quinn, and in a secret ballot (the standard procedure), his nomination was accepted by the District Leaders, 2,600 to 1,100 votes (each district leader as “weighted” votes determined by population of their district).


Bernstein recalled that the only time a nomination was overturned was when Bill Ryan nominated for Mayor by the nominating committe (Ryan is currently the County Legislator for White Plains), had the nomination voted away from him in a floor nomination secret ballot initiated by the late Robert Greer in 2001.


Bernstein is no stranger to primary strategy, having started Adam Bradley’s political career by masterminding Mr. Bradley’s primary campaign against Assemblywoman Naomi Matusow and ousting her from her 10 year assembly seat in a very close election in 2002.


 

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Riverspace in Nyack Rocks in May:

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WPCNR STAGE DOOR. April 15, 2007: Riverspace, the little theatre rising from the ruins of the defunct Helen Hayes Theatre Company, continues its Phoenix-like rivival with a full schedule of events in Nyack for May. Here is Riverspace’s arts calendar for the coming month:

May/Early June Events at Riverspace Arts in Nyack


As of April 12, 2007

Contact: Alice Kriz (845-348-0741)


 





The Helen Hayes Youth Theatre in Association with Nickelodeon and Theatrical Rights Worldwide presents the premiere ‘Kids for Kids’

Blue’s Clues Live, The Most Spectacular Place


Sat. May 5, 10am & noon

A full-scale theatrical production geared to the preschool set, introduces young audiences to the magical world of live theater. The musical features all of the characters that kids know and love from the critically acclaimed Nickelodeon television series “Blue’s Clues”, including Blue, Steve, Mailbox, Mr. Salt and Mrs. Pepper, Paprika, Tickety, and of course Blue, to name a few. This 45 minute world premier stage presentation will be performed by the talented students of the Helen Hayes Youth Theatre.


Tickets: $15

 





Haale

Sat. May 5, 8pm

With rave reviews from the NY Times and The Washington Post and straight from her Carnegie Hall debut curated by David Byrne, singer-poet Haale comes to Riverspace. Haale has her own distinctive style of world music, blending diverse influences of the Middle East with 1960’s psychedelic rock and folk creating soundscapes woven through a trance-inducing tapestry of percussion, strings, and shimmering electric guitars.


Tickets:  $15 advance; $20 door


See also: www.haale.com


 



Chamber Music Brunch at RIverspace Café with The Claremont Trio


Sunday May 13, Noon-2pm


Mother’s Day


The trio, Emily Bruskin, violin; Julia Bruskin, cello; and Donna Kwong, piano, was called “the freshest breath of air in the world of chamber music today” by The Naples Daily News, and Strings Magazine hails them as “deft, exhilarating, and imaginative”. Light brunch fare will be available by Patisserie Didier Dumas. Flowers available by Lynn Aubrey and Chocolates by the Chocolaterie.


Concert Tickets $10, $5  – 12 & under


Advance reservations suggested.


See also: www.claremonttrio.com




Songwriters By The River


Friday May 18, 8pm


Kate Jacobs – www.katejacobsmusic.com


Frankie & Kelly McGrath (Maybe Pete) –www.myspace.com/maybepete (East Rutherford, NJ)


Andy Krikun – www.andykrikun.com (Nyack, NY)


Joe D’Urso www.jdcaravan.com (Park Ridge, NJ)


 



Milk ‘n Cookies Playhouse

The Circle Song Band with Sukey Molloy

Saturday May 19, 10am

Fun and engaging family entertainment with award-winning Circle Song music created especially for very young audiences! Join Sukey and The Circle Song Band for an interactive show of song, puppet play, and original and traditional music. See also: www.www.playmovesing.com


Tickets $9 adult, $7 seniors/12 & under




 



Rivertown Films celebrates its Fifth Anniversary

Sat. May 19, 7:30 pm Silver City screening

Beginning with a reception at 4pm followed by a screening of pioneering independent filmmaker John Sayles’ “Silver City” and a post-film discussion with Sayles and producer Maggie Renzi.

Tickets: $50 for the reception and screening, $25 for the screening and discussion only


 


 


Bob Dylan’s Birthday Bash Memorial Day Weekend


Dylan Karaoke in the Riverspace Cafe


 Friday, May 25, 8pm


Come sing your favorite Bob Dylan song – WFUV’s Rita Houston hosts a karaoke exploration of the Bob Dylan songbook and all are welcome to participate – with guest judges, fun and prizes!

Tickets: $8 

Mary Lee’s Corvette


Saturday May 26, 8pm


“How do you sing a Bob Dylan song in a way that anyone should ever bother listening to? How do you sing it right without imitating him? How do you make it your own? And of course, why should you?” – Mary Lee Kortes


A few years ago, Mary Lee’s Corvette performed the classic Bob Dylan album “Blood on the Tracks”—start to finish—at Arlene’s Grocery, a small club on NYC’s lower east side. The show was serendipitously saved to tape, and released on cd (Bar None Records). Dylan himself liked it so much he added a link to the music on his website. Hear Mary Lee’s Corvette reprise their magical performance live at Riverspace in celebration of Dylan’s birthday.


Tickets: $15, $20 day of show


See also: www.maryleescorvette.com


Tangled Up in Bob


Sunday May 27, 8pm


Tangled Up in Bob is “a sparkling gem of a documentary” (Isis Magazine) from filmmaker Mary Feidt, featuring author Natalie Goldberg in her journey to find the connection between Dylan and the place where he grew up.


 “This intriguing film takes you inside the walls of Bob Dylan’s high school…and once inside, you won’t want to leave.”–Greil Marcus


Tickets: $8, $6 students/seniors


 


 

Ongoing Series:

 

Sunday Jazz Jam in the Café from 4-7pm

5/6, 5/13, 5/20


Tickets: $8; $4 participating musicians


 

Wednesday Night at the Movies, all at 8pm

May 2 Volver (Spain)


May 9 Venus (UK)


May 16 Lamerica (Italy)


May 23 Avenue Montaigne (France)


May 30 The Lives of Others (Germany)



Tickets: $8, $6 students/seniors

 


Save the Date for these June Events:


Saturday, June 2, 2pm

Junie B. Jones – The Musical

Junie B. Jones, the irrepressible first-grader comes to life in Theaterworks USA musical adaptation of the best-selling books by Barbara Park.

Tickets: $10

 

Saturday June 9, 10am

Milk ‘n Cookies Playhouse

Danna Banana

New York Magazine calls him “more than a giant toddler on a teeny pink bike. Danna Banana (a.k.a. Dan Cohen), the befuddled but loving dad-for-hire, has earned A-list status on the silly circuit. He sings and plays guitar, he’s a classically trained operatic baritone, and he has an interactive, playful style that makes kids—and grown-ups—honk with laughter.”  See also: www.dannabanana.com

Tickets: $9 adult, $7 seniors/12 & under


 


To purchase tickets: all tickets available through Riverspace.org, in person at the Riverspace box office, or by calling 866-811-4111

 

Riverspace is located at 119 Main Street, Nyack, NY



Box office hours

Wed-Fri 4pm-7pm, credit and debit only

Sat. 10am -1pm, all forms of payment



Riverspace is a not-for-profit arts organization in Nyack, NY offering innovative programming in theater, music, dance and film.





 
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Cleanup on the Greenway.

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WPCNR THE PARKS NEWS. April 16, 2007: White Plains community residents are invited to join in a Community Spring Clean-Up of the Greenway Park Trail on April 21 10 AM TO 2 PM  that runs from Gedney Way to Ridgeway Ave. and to the Scarsdale border. Volunteers of ALL ages will be gathering at the Greenway entrance on Ridgeway. Wear long pants and long sleeves, bring your work gloves if you want – gloves and trash bags will be provided.  Clean-up teams of adults and children will work side by side – no children will go unescorted. Help to protect this White Plains environmental and historic treasure. Enjoy the birds and other wildlife, identify the trees of the forest and listen to the rich history of this old railroad way as you walk the trail. Light refreshments will be served. Contact Thomas Masotto with any questions [761-7153

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Verizon Contract Still Needs Work

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WPCNR White Plains Variety. News Analysis & Comment by Don Hughes. April 14, 2007: The revised copy of the proposed Verizon franchise agreement has been posted on www.WhitePlainsOnline.com.  There are also some comments on  www.WhitePlainsCNR.com. The adjourned public hearing will be continued at the Common Council Special Meeting scheduled for 16 April at 5:00PM.  A vote on the agreement does not  appear on the agenda, so you should still have some additional time to contact council members with your concerns.

The following comments are an update of the comments that I sent out  previously. Comments on the modified Verizon Cable Franchise Agreement:



The new franchise agreement with Verizon is being done in accordance with
Title VI of the Communication Act of 1934;   Article 11 of the New York Public
Service Law;  Title 16, Chapter VIII of the Official Compilation of Codes, Rules
and Regulations of the State of New York; and Chapter 4-21 (Multi-Channel
Service Providers) of the White Plains Code.


1)    The term of the franchise is 15 years (page 7).

The agreement is still for 15 years.  The reason given is a feeling that the city
may have less negotiating  ability in the future because of possible new state
and federal legislation, and that it is best to lock in terms now.  It is admitted that
this is a judgment call.  However, given the likelihood of the introduction of
significant new technology in the near future, the franchise should be limited to
the typical 10 years.

2)    They have up to 5 years to provide service to residents, and they are not
required to provide service to businesses (page 8).

No changes to this section, and there is very little that the city can do if they fail
to meet even this extended deadline.

3)    They are required to provide UP TO 3 public access (PEG) channels
(page 10).

Although this was supposed to be changed, it was not.  They should be required
to provide a minimum of three PEG channels with the city able to request up to
two additional.

4)    They are required to pay a PEG Grant of $250,000 paid in installments
over the first three years plus an annual grant of $1/subscriber/month for the first
10 years and $1.25/subscriber/month for the remaining 5 years (page 12). 

The amounts have been adjusted.  However, that Common Council should not
be so cavalier in imposing what amounts to a new tax.  As is indicated below,
these amounts will be passed on to the cable subscribers in addition to their
other charges – in a fashion similar to your phone bills where the taxes can
exceed the charges for services.  This is roughly equivalent to a 0.8% property
tax increase for the typical home.

I believe that PEG grants are critical, but they should be based on the projected
budgets of the cable TV commission, not on the maximum we can get the
vendors to agree to.

Despite promises to the contrary, the agreement still ties the payments to
CableVision´s agreeing to equivalent conditions.


5)    There is still no requirement to continue paying fees in case a new
agreement has not been negotiated before this one expires.  That is why
CableVision is currently no longer paying the city PEG support (page 12).

6)    PEG fees can be billed separately to customers (page 13).

If Verizon is going to list as many items separately as possible in order to keep
the basic fee low, they should be required to include an estimated net monthly
charge including all fees and taxes in all local advertising.

7)    Recovery of audit expenses is limited to $15,000 (page 15).

There was no change here, and this amount should be increased.

8)    Enforcement (page 19)

The maximum penalties are limited to $10,000 a year, and the actual penalties
are trivial.  Thus if Verizon failed to provide service to all of White Plains after 5
years, the penalty is only $100/day.  If Verizon fails to provide PEG access, the
penalty is only $100/day.  The total of all penalties is limited to $10,000/year
(That is about the income from 20 subscribers).  The city can only seek to
revoke the franchise for substantial noncompliance, so it seems that the city has
very limited means to actually enforce this agreement.

9)    Renewal of the agreement is governed by 47 U.S.C. Section 546 which
provides that “any denial of a proposal for renewal that has been submitted in
compliance with subsection (b) of this section shall be based on one or more
adverse findings …” (page 17).

It seems that White Plains will have very little negotiating power concerning
renewals.  The renewal of this franchise should not be a given depending only
on Verizon not having violated any federal and state regulations.  The
agreement should indicate that items such as rates, grants, PEG channels,
programming, and technology might be negotiated even in the face of federal or
state attempts at preemption.

10)    The city gives up all opportunity to regulate customer service (page 23
and Exhibit E).


11)    Free cable service (Exhibit A)

There was little change here.  Calvary was dropped and The German School
and Solomon Schechter School were added.  I still fail to see the rational for
selecting the places to receive free service.

12)    They have up to 180 day to provide PEG access from the Cable TV
Access Commission studios (Exhibit D).

This was reduced from 10 months.  The reasons given for the delay is the
difficulty in obtaining the required equipment.  However, I am sure that it could
be accomplished in 45 days.

13)    61 sections of the White Plains Code that apply to Multi-Channel Service
Providers such as CableVision are waived (Exhibit E).

Corporation Council is providing the Common Council an explanation for each
waived section.

14)    There still has not been provided a clear explanation of possible Federal,
FCC, and State regulations.

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Council Schedules Special Meeting, Resumes Verizon 5 PM Monday. Verizon Reneges

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WPCNR COMMON COUNCIL-CHRONICLE-EXAMINER. By John F. Bailey. April 14, 2007 UPDATED 6:15 PM E.D.T.: Within hours of receiving a revised contract from Verizon today the city scheduled a Special Meeting Monday at 5 PM to reopen the public hearing on granting Verizon a cable franchise in White Plains before it negotiates with Cablevision, with which it has just begun negotiations. 


The new contract, despite assurances by Verizon to the Common Council Thursday evening that they would “unbundle” the Initial PEG Grant from any settlement lower than the Verizon contract,  puts a portion of the $250,000 Public Education Grant, and $1 per Subscriber Annual Fees, at risk,  if the city cannot get Cablevision to agree to the same terms.


Also on the agenda is a second reading of an ordinance approving Kensington LLC as the developer of the senior assisted living facility on Maple Avenue and Cromwell Place. Kensington LLC is a group formed by former executives with Sunrise Assisted Living, which abruptly bowed out of the project about two weeks ago by an e-mail message.


The city’s Verizon “push” comes after a Common Council meeting Thursday evening where Verizon pledged they would not link their payment of the Public Equipment Grant to Cablevision’s acceptance of the White Plains-Verizon contract. Verizon also pledged through their spokesperson Scott Parr that they would respond to Councilman Benjamin Boykin’s call for inflation protection. The inflation protection has been added to the new contract — but is still at the mercy of cablevision “going along” with it, too, and that Cablevision has vowed it will not accept.


What follows are the “teeth” paragraphs and the Common Council agenda for Monday:


According to the new contract released today, Verizon agrees after 10 years to increase the $1 a subscriber PEG fee to $1.25 (allowing for 25% inflation in ten years), but, according to the contract, that subscriber fee is in jeopardy if Cablevision, or another cable provider refuses to agree to it. The contract does not appear to contain a provision that says the full $250,000 Initial PEG Grant must be paid regardless. Verizon has contracted to pay the $250,000 PEG grant within the first three years of the agreement, but not quite the way Mr. Parr promised Thursday evening. the key paragraph denoting this reads, to wit:


Sec. 5.4.1:….The LFA (city) shall impose an equivalent obligation to the obligations contained in this Section 5.4 (including the total amount of the Initial PEG Grant, and the sliding scale amounts of the Annual PEG Grant), on all providers of cable service in the Service Area. In any event, if any new or renewed franchise agreement contains obligations that are lesser in amount or aggregate value than the obligations impionsed in this Section 5.4 (including the total amount of the Initial PEG Grant and the sliding scale amounts of the Annual PEG Grant), Franchisee’s obligations under Section 5.4 shall be reduced to an equivalent amount.


Verizon can bill back Initial Grant, and  Annual Peg Grant Per Fee to Mr. and Mrs. White Plains.


It also became clear Thursday evening that Verizon is not really paying the city anything, since the giant $70 Billion company  has the right to pass through all PEG grants (the $250,000) and PEG fees (the $1- $1.25 Fee per Subscriber, and the percentage of Gross Revenues on to each subscriber.


  Councilman Dennis Power cleared this misconception up once and for all by asking the City’s legal advisor on the contract, appearing via conference call, if the federal government mandated that PEG grants and cable fees be passed on to each individual cable subscriber. The lawyer said “they are not mandated, but they have the right to.”


Mr. Parr continued during that meeting Thursday evening to use the term “pay” in discussing the PEG grants, when this was clearly shown by the city cable consultant to be false. They are not paying anything. They transfer cash then collect it from their subscribers, to wit:


Section 5.6: Recovery of Costs: To the extent permitted by federal law, the Franchee shall be allowed to recover costs of the Initial PEG Grant and the Annual PEG Grant or any other costs arising from the provision of PEG services from Subscribers and to include such costs as a separately billed line item on each Subscriber’s bill. Without limiting the foregoring, if allowed under state and federal laws, Franchisee may externalize, line-item, or otherwise pass through interconnection and any franchise-related costs to subcribers.


Cablevision threatens litigation.


Meanwhile, Peter Jamison, speaking for Cablevision, threatened federal court litigation, saying the $1 a subscriber fee was unacceptable to them. Jamison pointed out that Greenburgh and Dobbs Ferry which signed a similar agreement with Verizon are having problems negotiating the same agreement with his company.


Benjamin Boykin, demanding inflation protection, told Jamison that when the people of White Plains find out Cablevision has been “holding back” $100,000 from the city, that they would go to Verizon in droves.  Jamison said, “Your point is well taken.”


Mr. Dunphy, White Plains City Corporation Counsel said the $100,000 that is owed the city by Cablevision from the last year of the former TCI franchise which Cablevision assumed,  was in dispute, because Cablevision disputes that they were asked for the fee, and the city claims they did ask for the fee. Sources with knowledge of the circumstances surrounding the unpaid $100,000, said that the former manager of  White Plains Public Access failed to notify Cablevision the fee was due in the manner spelled out by the contract.  


New Contract spells out the Free Rides.


Mr. Dunphy when questioned by Rita Malmud on the not for profit groups that were to receive free wiring and cable service, were being reexamined. But he did not say whether all churches and synagogues, and schools in the city would receive free cable or not.


According to the new contract the buildings, institutions and community building receiving free cable service through Verizon are:


City buildings Provided Free Service: City of White Plains City Hall, City of White Plains City Hall Annex, City of White Plains Housing Authority, City of White Plains Public Safety Building, City of White Plains Department of Purchasing, City of White Plains Parking Authority, City of White Plains Youth Bureau, City of White Plains Sanitation Department, City of White Plains Parks & Recreation Building, White Plains Firehouses 1, 2,3,4,5, Headquarters, and 7, White Plains Water Department, City of White Plains Garage, City of White Plains Cable TV Access Commission, Delfino Park, White Plains Library


Public Schools Receiving Free Service: Mamaroneck Avenue School, Post Road School, White Plains High School, Highlands and Eastview Middle Schools,  Rochambeau School, George Washington School, Ridgeway School, Eastview School, Church Street School, Board of Education Administration Building,  


Private Schools Receiving Free Service:Stepinac High School, Our Lady of Sorrows School, Good Counsel Schools, Solomon Schechter School.


County Buildings Provided Free Service: Westchester County Court House, Housing Authority, Westchester County Executive’s Office.


Public centers:  White Plains Senior Center, Slater Center, White Plains Hospital Center, New York Power Authority, Room 1407, Battle Hill Community Center.


The Agenda for the Special Meeting follows:


 



COMMON COUNCIL AGENDA


SPECIAL  MEETING


APRIL 16, 2007


5:00 P.M.


 


ADJOURNED


PUBLIC HEARING:


 




1.                  Public Hearing in relation to Verizon New York Inc.’s cable television franchise.


 


2.                              Second Reading Ordinance granting a non-exclusive franchise to Verizon New York, Inc., (“Verizon”) to own and operate a cable television system in the City of White Plains, and setting the terms and conditions of the franchise and granting waivers of relief of certain provisions of Local Law No. 1A of 1993 as amended by Local Law No. 3 of 1995.


 


 


PUBLIC HEARING:


 


3.                  Public Hearing in relation to the designation of “White Plains Kensington LLC”, as the qualified and eligible sponsor for the redevelopment of an assisted living facility on Disposition Parcel A, as shown on the map attached hereto and made a part hereof (“Disposition Parcel A”), including parcels shown on the Tax Map of the City of White Plains as Tax Lots 130.27.4-4 and 130.27.4-5, (together ‘Acquisition Parcel A’), a portion of the parcel shown on the Tax Map of the City of White Plains as Tax Lot 130.27.4-3 (‘Acquisition Parcel B’), a portion of the City owned Tax Lot 130.27.4-6, known as the Longview Lot (‘Acquisition Parcel C’), and all or a portion of the development rights associated with Acquisition Parcels A, B, C and D, all such parcels located in the East Post Road Phase II Urban Renewal Project, Project No. WPUR-9B; listed in Exhibit C of the East Post Road Phase II Urban Renewal Plan for the East Post Road Phase II Urban Renewal Project, Project No. WPUR-9B.


 


4.                  Public Hearing in relation to approving the proposed disposition of Disposition Parcel A to “White Plains Kensington LLC”, the proposed disposal price, and the “Contract for Sale of Land for Private Redevelopment by and between the White Plains Urban Renewal Agency (“Agency”), the City of White Plains (“City”), and “White Plains Kensington LLC” (“Kensington LDA”) and authorizing publication of the Notice of Availability for Public Examination of the ”Redeveloper’s Statement for Public Disclosure” respecting disposition of Disposition Parcel A in the East Post Road Phase II Urban Renewal Project, Project No. WPUR-9B submitted on behalf of “White Plains Kensington LLC”.


 



 


5.                                          Resolution of the Common Council of the City of White Plains (“Common Council”) (A) approving the designation by the White Plains Urban Renewal Agency (“Agency”) of the White Plains Kensington, LLC, as the qualified and eligible sponsor for the redevelopment of certain property in the East Post Road Phase II Urban Renewal Project, Project No. WPUR-9B, and known as Disposition Parcel A (“Disposition Parcel A”), (B) granting approval of such designation; ( C) approving the proposed land disposition by the Agency of Disposition Parcel A to White Plains Kensington, LLC, (D) approving the form and terms of the proposed Disposition Agreement (“Kensington LDA”); (E) approving the disposition price; and (F) authorizing the execution by the Chairman of the Agency and the Mayor of the City of White Plains (“City”) of Kensington LDA and execution and delivery of all necessary disposition documents.


 


 


6.                  Communication from Executive Director, Urban Renewal Agency, in relation to the redevelopment of the East Post Road Phase II Urban Renewal Project, Project No. WPUR-9B.


 


7.                              Resolution of the Common Council of the City of White Plains (“Common Council”) approving the acquisition by the White Plains Urban Renewal Agency (“Agency”) of the property known as 12-14 Cromwell Place, and shown on the Tax Maps of the City of White Plains (“city”) as Section 130.27, Block 4 Lot 4, and Section 130.27, Block 4, Lot 5 (referred to herein as “Acquisition Parcel A” and shown on the “Acquisition Parcel Map,” dated March 4, 2007, attached hereto) from Cromwell Properties, LP, which property is located in the East Post Road Phase II Urban Renewal Project, WPUR-9B, and is being acquired pursuant to, and consistent with, the East Post Road Phase II Urban Renewal Plan, originally dated January 27, 2004, as amended to date, for the construction thereon of an assisted living facility for the frail elderly.


 


8.                              Resolution of the Common Council of the City of White Plains (“Common Council”) approving the acquisition by White Plains Urban Renewal Agency (“Agency”) of the property known as 10 Cromwell Place, and shown on the Tax Maps of the City of White Plains (“City”) as Section 130.27, Block 4 Lot 3 referred to herein as “Acquisition Parcel B” and shown on the “Acquisition Parcel Map,” dated March 4, 2007, attached hereto) from 90 Maple Realty Associates, LP, which property is located in the East Post Road Phase II Urban Renewal Project, WPUR-9B, and is being acquired pursuant to, and consistent with, the East Post Road Phase II Urban Renewal Plan, originally dated January 27, 2004, as amended to date, for the construction thereon of a portion of an assisted living facility for the frail elderly and a portion of the Longview Municipal Parking Garage.


 


9.                              Resolution of the Common Council of the City of White Plains authorizing and directing the preparation and execution of a deed for the City owned parcel shown on the Tax Maps of the City of White Plains as Tax Lot 130.27-4-6, located in the East Post Road Phase II Urban Renewal Project, Project No. WPUR-B, (which parcel is known as the Longview Municipal Parking Lot and described on the East Post Road Phase II Urban Renewal Plan as “Acquisition Parcel C,” as shown on the “Acquisition Parcel Map,” dated March 4, 2007, attached hereto) for purposes of assembling certain parcels in the East Post Road Phase II Urban Renewal Project Area to enable the construction of an approximately 700 space municipal parking garage and assisted living facility for the frail elderly.


 


10.                         Resolution of the Common Council of the City of White Plains (“Common Council”) approving the acquisition by the White Plains Urban Renewal Agency (“Agency”) of the property known as 4 Cromwell Place, and shown on the Official Map of the City of White Plains as Tax Lots 130.27-4-2, (referred to herein as “Acquisition Parcel D,” shown on the “Acquisition Parcel Map,” dated March 4, 2007, attached hereto) from Legal Services of the Hudson Valley Inc, which property is located in the East Post Road Phase II Urban Renewal Project, WPUR-9B, and is being acquired pursuant to, and consistent with, the East Post Road Phase II Urban Renewal Plan, originally dated January 27, 2004, as amended to date, for the construction thereon of a portion of the Longview Municipal Parking Garage.


 


11.                         Resolution of the Common Council of the City of White Plains authorizing the Commissioner of Public Works, or his designee, to accept from the White Plains Urban Renewal Agency (“Agency”), on behalf of the City of White Plains (“City”), the deed for the property known as Disposition Parcel B in the East Post Road Urban Renewal Project, Project No. WPUR-9B, which Disposition Parcel is shown on the attached “Disposition Parcel Map,” dated March 7, 2007, and will be more fully described in Schedule A of the deed, for the purpose of enabling the construction on Disposition Parcel B of an approximately 700 space Longview Municipal Parking Garage, as contemplated in the East Post Road Phase II, Urban Renewal Plan. 


 


12.                         Resolution of the Common Council of the City of White Plains (“Common Council”) (A) requesting the White Plains Urban Renewal Agency (“Agency”) to prepare, or cause to be prepared, the necessary documents and approval actions to enable the Common Council to (1) designate White Plains Hospital Medical Center (“Hospital”) as the qualified and eligible sponsor for the lease of a minimum of one-half of the parking spaces in the to-be-constructed, 700+ space Longview Municipal Parking Garage (“Hospital Lease”), such garage to be located on “Disposition Parcel B” in the East Post Road Phase II Urban Renewal Project, Project No. WPUR-9B, and (2) approve the Hospital Lease, the rental terms of such Hospital Lease to be consistent with the terms described in this resolution; and (B) scheduling a public hearing for May 7, 2007, on (1) the designation of the Hospital as qualified and eligible sponsor for the Hospital Lease and (2) on the Hospital Lease, and authorizing publication of the Notice of Availability for Public Examination of the “Redeveloper’s Statement for Public Disclosure” submitted by the Hospital with respect to the lease of parking spaces in the to-be-constructed Longview Municipal Parking Garage pursuant to the proposed “Hospital Lease.”


 


13.                         Communication from Environmental Officer


 


14.                         Environmental Findings Resolution (modified) in conjunction with the East Post Road Phase II Urban Renewal Project, Project No. WPUR-9B.


 


 


FIRST READING


ORDINANCE:


 


15.             Communication from Chairman, Capital Projects Board, in relation to Capital Project No.C5229, Longview Avenue Parking Garage – Design and Construction.


 


16.                         Ordinance amending the Capital Projects Fund by amending an ordinance entitled, “Ordinance amending the Capital Projects Fund by establishing Capital Project No. C5229 “Longview Avenue Parking Garage – Design.”


 


17.                         Bond Ordinance authorizing the issuance of $19,000,000 bonds of the City of White Plains, Westchester County, New York, to pay part of the cost of the $19,657,000 estimated maximum cost of the construction of the Longview Municipal Parking Garage on land to be acquired or re-acquired from the White Plains Urban Renewal Agency in and for said City, pursuant to the East Post Road Phase II Urban Renewal Plan.


 


18.                         Ordinance authorizing the guarantee up to $4,000,000 aggregate principal amount of indebtedness of the White Plains Urban Renewal Agency, in furtherance of the East Post Road Phase II Urban Renewal Plan.


 


 


 


19.             Communication from Commissioner of Public Works in relation to a request by Silverman Realty Group to permit the installation of a canopy at 24-26 Mamaroneck Avenue and authorizing a revocable license agreement with the City to permit encroachment into the public right-of-way.


 


20.                         Ordinance of the Common Council of the City of White Plains authorizing the Commissioner of Public Works to enter into a revocable license agreement with 24-26 Mamaroneck Ave., LLC to permit encroachment upon City right-of-way in connection with improvements to the existing building at 24-26 Mamaroneck Avenue.


 


 


RESOLUTION:


 


21.             Communication from Corporation Counsel in relation to a request submitted on behalf of Bloomingdale Road Investors, LLC, (The Source at White Plains) for a proposed minor amendment to a previously approved site plan to establish a  drop off area along Bloomingdale Road between Maple Avenue and the southern access driveway to the garage near the two existing restaurants , and directing that the matter be referred to the Common Council for review and consideration as a substantial amendment.


 


22.                         Resolution of the Common Council of the City of White Plains expressing its objection to that portion of the Acting Commissioner of Building’s determination that the amendment submitted on behalf of Bloomingdale Road Investors, LLC (“Applicant”) to the site plan approval by the Common Council on December 20, 2001, for the project known as The Source at White Plains (formerly “Fortunoff”) to provide a drop-off area to be situated along Bloomingdale Road between Maple Avenue and the Southern Access Driveway to the garage near the two restaurants within The Source at White Plains, be considered as a minor amendment and directing the Acting Commissioner of Building to refer the proposed amendment to the Common Council for review and consideration as a substantial amendment in accordance with Section 7.7.2 of the Zoning Ordinance of the City of White Plains (“Zoning Ordinance”).


 


 


 


ITEMS FOR REFERRAL:


 


23.              Communication from Acting Commissioner of Building transmitting an amended site plan submitted on behalf of North Street Community LLC, a Traffic Management Plan, and requested documentation for the construction of a Planned Senior Residential Development, on the former St. Agnes Property.

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Do Major League Baseball Schedulers EVER look at weather History?

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WPCNR VIEW FROM THE UPPER DECK. By Fastpitch Johnny. April 12, 2007: Have the geniuses who arranged the major league baseball schedule opening in the northeast the last two weeks, looked out the window lately?



Yankee Stadium the Way it Used to Be.


Why in tarnation would you schedule games in Cleveland, Detroit, Chicago and Boston in the first two weeks of April? t caught up with MLB this year. A whole weekend series was snowed out in Cleveland. The Tribe and the Angels are playing games in Milwaukee (where there is a dome)…what a farce.


Could major league baseball not schedule openers in the first two weeks of the season in warm cities or domed stadium venues? They have enough of them in both leagues to do that. I once devised a schedule that did that, so it is not particularly hard.


Not only that but because the weather has been so cold, the cold-related injuries are cropping up at an alarming rate, decimating pitching staffs and position players alike.


In the 1950s, the season started April 15. There was a reason for that. Bad weather in early spring. Since MLB has shifted out of scheduled doubleheaders to maximum gates, they now schedule nothing but singletons, because it maximizes revenue. They also play games in 35 degree temperatures to keep the big gates.


MLB never does anything right for the fan. They allowed steroids. They cancelled the World Series. They will make you sit hours in the rain before postponing a game. But, next year how about teams north of the Mason-Dixon line playing south of it in the first two weeks of the season. Atlanta, Washington, D.C., Tampa, Miami, Houston, Dallas, Oakland, Phoenix, Seattle(dome), Minneapolis (dome), Milwaukee(dome), Toronto (dome),  San Francisco, San Diego, Los Angeles are 15 cities which are better weather conditions due to domes or southern location. That’s where the season should be opened…NOT in Chicago, New York, Boston, Cincinnati, Cleveland, St. Louis, Philadelphia, Denver, Pittsburgh, or Kansas City.


That would make too much sense for MLB, wouldn’t it?

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SuperBand Plays WPHS Stage.Michigan Grad Band Directors Unite. Music Glorious!

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WPCNR STAGE DOOR. By John F. Bailey. April 12, 2007: The Cathedral City, California  High School Symphonic  Band and the White Plains High School Concert Band presented an impromptu concert Wednesday afternoon at White Plains High School delivering a state-of-the-arts message of sound, effort, and excellence  thanks to the efforts of  high school pals, WPHS Music Teacher, William Tonissen, director of the WPHS Concert Band and Gregory Whitmore, Director of Bands in Cathedral City.


 



William Tonissen of WPHS Music, left, and Gregory Whitmore, College friends at the University of Michigan, now with bands of their own put on a concert with their two bans at White Plains High Wednesday.


Mr. Tonissen and Mr. Whitmore went to high school together, attended the University of Michigan together, and now deep into their careers reunited with their respective bands on the WPHS stage so their bands could play together just for the fun of it.




Cathedral City High’s Symphonic Band was making an appearance in Carnegie Hall Monday and when Mr. Tonissen found out he invited his longtime friend to bring his Cathedral City students up to White Plains High School as guests to play for his students, and get the bandmembers together. The White Plains Concert Band which Mr. Tonissen directs played a series of selections first while the 55 CCHS students listened. This set the stage for the CCHS performance.  The Band showcased their range of light classical to rollicking dance as their last piece, demonstrating the pieces  White Plains is known for – selections highlighting the styles of each section – the palette of the orchestra effect.



Maestro Tonissen conducts the WPHS Concert Band for his guests.



And they take a Bow to the enthusiastic applause of Cathedral City’s musicians


Then to the applause of the Cathedral High Students, the WPHS musicians left the stage and CCHS took over the stage. They began with a swell of sound from brass, from woodwinds….from bassoons….from flutes….and percussions with each section warming up individually, capturing the attention of the audience even before they started to play. With their conductor Mr.Whitmore listening to each section as if in thought, the band introspected into their tone as they warmed up. The warmup, an exercise I had never seen or heard was a “scene-setter” for the music they were about to play.


 



Maestro Whitmore warms up the Cathedral City musicians.


Then they began to play and music lived as it was meant to live. Rich, precise canopies of colorful sounds and feelings were voluptuously and elegantly projected flowing over the audience like the sea. Those who heard their 20 minutes of three selections will not soon forget the tempos, the power and the precise control of this band – unaided by studio, but just playing music that flowed into one’s spirit.



As I listened to these magnificent high school musicians play, I was reminded of the power of a mighty express train all parts working together,  starting slowly, accelerating, surging, sweeping all and impressing all who see it and it passes with its dedication and demonstration of superb achievement. The bassoons  delivered poise and gravity and sensitivity. The percussion in intricate disp lay of rhythm on sticks, castenets, and sound effects especially on the last selection delivered high drama and dash. The woodwinds, flutes and brass played with the passion of stallions racing across the plains, even in their most sensitive of moments, not letting you forget their power. Rarely even in professional performances have I heard the clarity, depth, delicacy of expression, and authority in a musical statement as I heard yesterday.


The WPHS Concert Band members were highly impressed, one member said he loved the warmup that the Cathedral City Band used. To the audience member, this warmup is a concert before a concert where each section takes a star turn and gets into their zone.  Another member said, “You know I thought we were good,” in appreciation of what he had just heard.


Mr. Whitmore, one of the Catherdral High parents accompanying the band on their East Coast appearance, said has built the band program in the schools in six years, involving parents – and building a dedication on the part of his students that is amazing.  The parents WPCNR spoke with said the band members practice about 2-1/2 hours a day during the school week.


The Cathedral City music program bands, Marching, Symphonic and Jazz have won numerous awards  since Mr. Whitmore has been supervising the programs.


 



Afterwards, Theresa Niss, (center) Administrator of the Art and Music Curriculum at WPHS, said the band’s articulation, rhythm and was “right on,” and congratulated them on their performance.


Mr. Whitmore presented the high school with a plaque thinking them for their hospitality. Then members of both bands mingled and talked music.


Only one thing more could have been b etter…a combined concert mingling the two bands. Someday soon.

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Power, Boykin, Lecuona Chosen to Run for Council. Bernstein Denied Renomination

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WPCNR BACKROOM BULLETIN. By John F. Bailey. April 11, 2007: District Leaders have confirmed to WPCNR that, as predicted by the CitizeNetReporter earlier today and on White Plains Week television this week, Councilman Arnold Bernstein has been denied renomination to run for a second term. Instead, the Nominating Committee has nominated Milagros Lecuona, replacing Mr. Bernstein, and renominated Dennis Power to run for a full four year term as councilman this fall, which would begin in 2008. As expected Councilman Benjamin Boykin was also renominated to run for his third consecutive term on the Common Council. Ms. Lecuona and Mr. Bernstein were not available for comment.


Next in the process is for the slate to be presented to the full city committee April 25, at which time there could be nominations from the floor. It is not unheard of for nominations from the floor to overturn nominating committee recommendations. Bill Ryan lost the nomination for Mayor in 2001 in a floor fight with the late Robert Greer who wrested the nomination from Mr. Ryan by one vote in a secret ballot, after Ryan had been nominated by the City Committee Nominating Committee.

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