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WPCNR SOCIALS. August 10, 2006: Mt Hope AME Zion Church is having a one day festival August 12 2006 at 65 Lake street white plains NY 10604 from 1:00pm to 10:00 pm. Telephone number is 914 948 6372. Included are pony rides, games, various vendors, soul food, music.
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WPCNR PRESS BOX. By Fastpitch Johnny.
The Brakettes are riding a 4-game winning streak for their second series with the Bandits, after defeating the Philadelphia Force 6-1 Sunday in pitcher Kaci Clark’s last game as a Brakette. Clark the stylish little right-hander, shown firing to Sarah Fekete of the Force Sunday afternoon has been a fixture in the Brakette circle before the club joined the National Pro Fastpitch league this year, announced her retirement after a decade of beind perhaps the leading professional and amateur pitcher in fastpitch softball. Photo, WPCNR Sports.
Sunday afternoon’s twilight contest showed Kaci Clark at her best, easing out of Force threats in the 1st, catching the Force’s Big Boppette, Jenna Hall looking to strand Carrie Leto at second; in the third when with three straight singles by Sarah Fekete, Leto and Chelsea Spencer, she struck out Hall swinging for out number two and induced the hard-hitting Ryan Realmuto to ground to short.
Meanwhile the Brakettes scored in the second when Aimee Minor, who had walked scored from second on an error by Force Shortstop Spencer. VanBrakle, the Force right hander matched
In the fifth, VanBrakle faltered. Team
That brought up Aimee Minor the DP. Minor worked the count to 1-1 and hit a slow roller to the right of second baser, Carrie Leto. The ball had eyes and a lot of English worming it’s way past Leto on a crazy roll into right, a hit! The Force’s rightfielder, trying to head off Fairchild at third overthrew third, allowing Germaine to score and it was 3-1,
The runs stoked Kaci Clark who finished off the Force without incident in the sixth and seventh, fanning the last two hitters. In the bottom of the sixth, Kellie Wilkerson launched a three run homer to set the stage for tonight’s showdown with the Bandits in
Clark (who is only 5-3) is an inspiration to many young ladies who want to pitch. Kaci taught and demonstrated pitching in the Brakettes clinics held at DeLuca Hall of Fame Field and
In the circle, she was stylish, with a compact, exploding motion like a right-handed Whitey Ford (if Whitey pitched windmill). She affected white and red pony tail ribbons while she dazzled hitters with a battery of pitches: curve, drop, change, fastball, riseball (her most effective pitch). Girls wanted to be like her and pitch like her, and most importantly, watching her, they believed they could.
At the conclusion of the game Sunday afternoon in a glorious setting sun,
“ I thank the Brakettes and our sponsors Dave and Dotty Carpenter for giving me the chance to be a part of Brakette history. I still remember watching my first Brakettes game as an eighteen year old. Seening Dot Richardson, Sheila Cornell, Lisa Fernandez, and Barbara Reinalda on the field made me wonder if they made Brakette uniforms small enough for me. Finally after the last pro league folded, I got my chance to be a Brakette.”
The crowd gave her a standing ovation. In recent years, Kaci has pitched for the New York New Jersey Juggernaut in the NPF, and returned to the Brakettes this year. It is fitting as the Brakettes turned professional that Kaci helped lead them to their present 23-12 mark in the NPF as they begin their series with the Bandits tonight.
John Stratton, Manager, Connecticut Brakettes.
Photo, Connecticut Brakettes.
John Stratton, Brakette manger said of Kaci coming to the Brakettes in 2002, on the www.ctbrakettes.com, that “Kaci came in and added that charisma, that presence which put us over the top. I love this kid,” this year, he said, “She helped us make the transition from ASA ball to the NPF easier. She’s a consummate pro, and we’ll miss her.”
Not Too Shabby a Debut In June
The Brakettes with two weeks remaining in the season have a record of 23-12 and are 0-2 against
The Bandits, delayed on a flight from Chicago on June 22 took the field warmed up quickly and spotted the Brakettes a 2-0 lead. The lead was manufactured on an error by the Bandit shortstop Jaime Clark after the Brakettes loaded the bases on a single by Steph Best, and two passes by Jessica Sallinger. Stephanie Hill’s grounder to Shortstop Jaime Clark produced a wild throw from Clark and the first baser Chris Enea threw wildly to the plate allowing Jessica Merchant to score, too for a 2-0 lead.
Meanwhile, Kaci Clark pressed into service when the Brakette starter Sarah Pauly could not take her turn due to an eye injury help the cruel Bandit bats at bay for 4 innings stranding two Bandits in the second, and another in the third.
In the fifth the Bandits struck for a fast 3 runs to take the lead, Anne Steffen lead off with a single to deep short, the Team USA third base wizard, Vicky Galindo singled again deep in the hole, after Clark fanned Trina Peel, and wild pitched Steffan and Galindo to second and third, Jaime Clark ripped a humpback liner to right center to plate Steffan. Then Kaci uncorked a wild pitch to score Galindo, and move
The Bandits broke it open in the sixth when second baser Stacy May singled.
The next night Sarah Pauly took her regular turn and ran into the old reliable Juggernaut, Gina Oaks who shut the Brakettes out – no easy feat – on a one-hitter – fooling them with her offspeed pitches. Oaks pitches a lot like Lew Burdette, the old Braves right hander who won 3 games in the 1957 World Series, inducing lots of ground balls.
Tonight the Brakettes may see Amy Harre the Bandits’ top winner with a 10-1 record with a 1.01 ERA in 97 innings pitched. She is backed by Jessica Sallinger and Oaks who each have 6-3 records.
The Bandits feature a Murderesses’ Row of hitters with 6 hitting over .300 – and that’s saying something in this league where they face the best pitching in softball. Proof of that statement is how many of the Team USA players who play in the NPF destroyed the opposition in the recent World Cup.
The Bandits come at you with Anne Steffan, hitting .437 at second base; the Team USA Champ at third, Vicky Galindo who’s hitting at .354 clip, and second sacker, Stacy May, checking in with a .349 average.
Selena Collins the catcher is at a not-too-shabby .314, with Jaime Clark the big RBI-Ette with 30 Ribbies and a .309 average and 4 solo shots.
Brakettes Round into Form.
The Connecticut Brakettes are lead by their TEAM USA Leadoff masher, Kelly Kretschman hitting .407 and their shortstop, the rangy Michigan Clipper, Jessica Merchant clipping along at .367 with 22 RBIs and 9 homers. Kelly Wilkerson the trusty first baser is second in RBIS with 18 and Germaine Fairchild, the catcher has 17.
Aimee Minor is the next most consistent hitter on the club with a .271 average with Stephanie Best the second baser at .269.
Pauly has been the Brakettes’ Number 1 pitcher with a 12-4 record and the fiery Myers 7-3. A split with the Bandits or better taking 3 of 4 at the Bandits’ field at Benedictine University on the North Side would be good positioning for the NPF playoffs which will be held in Stratford, Connecticut with the Brakettes the Host Team.
Brakettes Pro Fast Pitch Playoff Tickets on
Tickets went on sale this week for those National Pro Fast Pitch Playoffs that will begin Saturday August 26 and wrapup with the Championship Game Sunday August 27 at Frank DeLuca Hall of Fame Field. Saturday the two semi-finals will be played at
Tickets for all three games are $15 each for box seats, $12 for Reserve and $9 Bleacher Tickets are now on sale through August 25.
Single game admission prices on the days of the Games are $10, $8 and $6 respectively.
Fans may order tickets by contacting the Connecticut Brakettes at 203-378-7262 or by e-mail at brakettes05@hotmail.com, or by mail order. The Brakettes Box Office is located at
Rain Plagued Season.
In a season plagued by rainouts, causing a disparity of games played between the clubs, the Brakettes have done well against established opposition. At this stage of the NPF season, the Bandits lead the league with the surprise team of the season, the New England Riptide, in second place 3-1/2 games out, the Brakettes are 3 out and last year’s champs, the Akron Racers five games out. Those four teams will make the playoffs. Last year
The Brakettes return home to Frank DeLuca Field for four games with Team
The National Pro Fast Pitch Standings
CONNECTICUT BRAKETTES 25 14 .641 2-1/2
So long kids. Kaci Clark, pitching for the NPF Champion NY-NJ Juggernaut in 2004, when they won it all, when she formed the pitching staff with Amanda Scott and Gina Oaks. Photo, Courtesy, NY-NJ Juggernaut.
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WPCNR Southend Times. By John F. Bailey. August 8, 2006: At the monthly meeting of the Council of Neighborhood Associations, during discussion of the North Street Community project, subject of Monday evening’s Public Hearings at the Common Council, opponents of the project discussed their reservations about the 390-unit independent senior living project proposed for the former St. Agnes property.
Marc Pollitzer, of the North Street Civic Association, repeated his remarks of Monday evening, expressing concern that New York Presbyterian Hospital was poised to request similar special special zoning, should the special zoning district requested by the North Street Community (“Planned Senior Residential Development”) be approved by the Common Council. Pollitzer added that he felt the North Street Community was too dense and suggested that it should be cut back to 200 units instead of 390 as the developer plans. Pollitzer said that if the PSRD zone was approved that “you’ll see one neighborhood after another” be threatened with projects asking to be zoned a special district.
Carl Albanese, of the North Broadway Civic Association, mentioning how the Cappelli projects, the Pinnacle, and the Avalon Bay project have been approved, said the North Street Community project was a test case for the community that the city and the Common Council must be convinced to stop because of the significance it has for future development and encroachment on the outer neighborhoods.
Manelaos Rizoulis, President of the Wyndham Close association, (after repeating his neighborhood concerns about the density of the project), said that Wyndham Close would be supportive of the project if it were scaled back by about half. “Half” to Mr. Rizoulis, he said, was defined as one half of the 390 independent condominium units proposed plus the 40 asssisted living units and 80 long-term care units proposed for the former St. Agnes Hospital building. Rizoulis told the CitizeNetReporter his idea of “half” of this figure would make for 230 units. Rizoulis said this would be acceptable to Wyndham Close.
Asked if the building of some 66 homes on the 22 acre site by the developer would be an acceptable alternative to Wyndham Close, Rizoulis said it would. The 66 homes number (3 homes per acre), what is allowed, Rizoulis said by the present R1-12.5 zoning. WPCNR is checking on this. (WPCNR has learned from C.J. Follini, one of the partners in North Street Community that Toll Brothers, www.tollbrothers.com, a major housing developer has previously inquired about the availability of the property.)
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WPCNR CITY HALL CIRCUIT. By John F. Bailey. August 8, 2006; UPDATED August 11, 2006: The city Urban Renewal Agency will be asked Friday morning to borrow $9-10 Million to finance affordable housing at The Pinnacle. The innovative arrangement is made possible by invoking an obscure statute which in the opinion of the city’s bond lawyer, grants the agency the ability to finance beneficial projects within the urban renewal district, Paul Wood, the City’s Executive Officer said today.
The action, in effect, turns the Urban Renewal Agency into a city “Industrial Development Agency” for the Urban Renewal District. Whether this “City IDA” could extend its “help” to other parts of the city is not known.
The Mayor is expected to ask the Urban Renewal Agency Friday morning to borrow $9 Million to $10 Million to aid developer Martin Ginsburg in building the 52 units of affordable housing Ginsburg has promised to build at his Pinnacle project as part of his approval for the project, Paul Wood, the City’s Executive Officer announced today.
The money had previously been sought by Ginsburg Development Corporation from the Westchester County Industrial Development Agency but was refused according to the Ginsburg orgranization. Wood said he discovered the Urban Renewal Agency statute, but did not have a copy of it for reporters at the time of the WPCNR call. Wood said after discussions with the City Commissioner of Planning Susan Habel and the city bond lawyer, Randy Meir, he felt confident the bonding ability was within the Urban Renewal Agency’s discretion.
Wood said the $10 million in bonds would not be the city debt to pay back, but would be Ginsburg’s responsibility. He said in the first edition of this article, that the 52 units, 41 being built for Louis Cappelli, the Super Developer, as part of an agreement Cappelli and Ginsburg made allowing Ginsburg to build the Pinnacle, would cost Ginsburg $52 Million to build and the financing would speed construction. However, in official documents describing the proposal released August 10, the cost of the building has been put at $17 Million.
The announcement of the surprise financing through the Urban Renewal Agency, removes the delay that has been plaguing The Pinnacle project. Monday evening the Common Council approved an increase in height of The Pinnacle to 28 stories on the consent agenda with no hearing or discussion.
However, Councilman Benjamin Boykin expressed concern on when the affordable housing piece of the project planned for the Main Street side of the Pinnacle, would be started by Ginsburg. The Certificate of Occupancy for the 221 Main Ritz Carlton Project, that Cappelli is hoping to open in fall, 2007, cannot be issued until the affordable housing Cappelli owes for approval of that project is opened.
Details of the payment arrangements and responsibilities of the parties are sketchy at this time.
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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. August 8, 2006: The Common Council as expected last night voted to table a proposed new local law which would license owners of air guns, and subject nonlicensed gun holders to fines.
The council also approved on the consent agenda the Ginsburg Development Corporation proposal to raise the height of The Pinnacle project to 27 stories (28, including the mechanicals), while reserving decision, according to Councilman Benjamin Boykin, on the affordable housing arrangement Mr. Ginsburg has to build his 52 units of affordable housing.
Boykin said the Council is giving Ginsburg time to work out his financing with the county, otherwise, Boykin said the affordable housing that the Ginsburg project will be building for fellow developer Louis Cappelli would revert to being Mr. Cappelli’s responsibility.
Boykin said on the Council television cablecast, that Ginsburg is attempting to obtain financing but that “time was of the essence,” that the council was giving the developer time. Ginsburg, according to the Westchester County Business Journal is seeking performance bond financing from the Westchester County Industrial Development Agency. The performance bonds would guarantee his building the affordable housing piece (52 units), and allow the Common Council to waive the restriction that the affordable housing Louis Cappelli owed as part of his 221 Main Ritz Carlton project approval had to be opened before Cappelli received a certificate of occupancy for the posh hotel, the first tower of which is looming over Main Street.
Cibelli: County Holding up Pinnacle for Senior Housing Approval
Earlier, during the Citizens to be Heard segment of the monthly Common Council meeting, Cass Cibelli, the Republican candidate for the remaining one year term in the deceased Robert Greer’s term ( Cibelli is opposing Dennis Power, the interium appointee to Greer’s seat), spoke out accusing Westchester County of holding up IDA performance bonds for the Martin Ginsburg project as the price for White Plains agreeing to the County senior housing project on the former post office parking lot. In an interview with WPCNR, Cibelli said: “It’s just not right. I propose that the county has put pressure on Ginsburg in order to get the city to the table concerning the old post office site. Something’s going on and I don’t like it.”
WPCNR asked him how he thought the county was pressuring Ginsburg, Cibelli said, “I’m not quite sure. Their IDA not seeing through the Pinnacle proposal, the senior housing, and leaving it up to the city and the urban renewal agency to get it off the ground doesn’t make sense to me. Here they (the IDA) had the opportunity to support Ginsburg, to have the affordable housing built where it was needed — whether they applied pressure I don’t know.”
WPCNR asked if Cibelli thought the county was holding up approval of the Ginsburg performance bonds because of the position the city has taken opposing the county rental of the Grand Avenue Post Office lot to a private developer to build senior housing. Cibelli said, “It goes back to the (Rob) Astorino campaign and the Mayor (Delfino) lightly supporting changing the county policy towards the drop-in shelter at the airport. I think this is retribution. This is all vindictive policy and it’s wrong.”
Cibelli told WPCNR the IDA should approve performance bonding for Mr. Ginsburg, and also said “We (White Plains) should have our own IDA and we shouldn’t have the county meddling in the affairs of the city.”
Cibelli also said Dennis Power “cannot be in service of two masters. He must make a decison (between continued employment with the county and being a White Plains Common Councilman.)
Wyndham Close 5, North Street Community, 1 (at this time)
In the main event, the hearing on the senior condominium-office complex-assisted living facility proposed for the St. Agens Property by North Street Community, residents of Wyndham Close overwhelmed supporters of the project with repeated objections to the project’s height (7 stories), location of the residences, and the density of the project.
Despite professing support for senior housing in White Plains, the Wyndham Close residents wanted the project cut back in size drastically, without saying what size would be acceptable. A handful of speakers supported the project because the developer has promised to keep the Carvel Rehabilitation Center for disabled children on the site.
Another issue raised was the precedent the creation of a senior citizen zone would set. Marc Pollitzer, the tireless defender of city zoning, said other developers were watching the council on the creation of this zone, saying that Burke Hospital and New York Presbyterian Hospital would move to create just such a special zone for their own advantage.
Council is Suddenly Concerned.
The onslaught of opposition succeeded in producing a groundswell of objections and reservations by five members of the Common Council. Benjamin Boykin said, “the project is too high, too dense, and it needs to be scaled back.” Boykin also said he was surprised to learn North Street Community had applied for a “tax cert.” Rita Malmud said she liked the project for the site but made a number of vague objections on height, age eligibility of potential condo owners.
Glen Hockley was more circumspect, saying the project needs to be looked at and discussed but said to Wyndham Close residents that they had been heard. Arnold Bernstein said he felt there was a veiled threat by the developer within the DEIS statement that the Carvel Rehabilitation Center might not survive if the project were to change. New Councilman Dennis Power went into a lengthy criticism of the project size, and the traffic it would create.
Councilman Thomas Roach, brought the council back to reality by pointing out the council was there simply to close the DEIS hearing tonight, not vote on the project. He voiced concerns about the density, but stressed it was important the council consider the impact on all the city, not just the neighborhood immediately adjacent the St. Agnes property (Wyndham Close).
It was not a good night for C. J. Follini, the North Street Community partner, who asked the council to approve the project as submitted, noting most of all it would put the property back on the tax rolls, and serve the growing need for senior housing. He was staring five perfectly clear “No” votes in the face. It is most unusual for the council to voice its opinion one way or the other on a project at the closure of the DEIS hearing. This was the first time in the year that the nature of the project has been known, with its site plan shown to the council numerous times, that the council has stated fierce opposition to the scope of the project. Follini has said all along that the size of the project was necessary for its viability.
The Commissioner of Planning detailed the process that was next. The DEIS (Draft Environmetal Impact Statement) hearing tonight would be closed, which the Council promptly did after the councilpersons noted their feelings on the project as outlined above. The Commissioner of Planning said there would be a 10 day written comment period, then the developer would prepare a Final Environmental Impact Statement and the council would with help of staff prepare a Findings Statement prior to final decision on the project. The Commissioner said the process would take about three months.
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WPCNR QUILL & EYESHADE. By John F. Bailey. August 7, 2006 UPDATED August 8, 2006: Tastefully tucked away in the First Reading Ordinances, Items 29-30 on Monday evening’s Common Council Agenda was an ordinance authorizing the first of the new fiscal year’s certioraris, which is a $523,337 refund to Macy’s of The Galleria, and a corresponding lopping of their assessment from $1.8 Million to $900,000, continuing the assessment drain lead by commercial properties in the city.
The $523,337 refund translates to approximately an additional $2.1 Million refund from the city school district. (School Taxes are 4 times the city tax). The
The Monday evening settlement covers tax years 1995-96 through 2005-2006. Paul Wood, the City’s Executive Officer, said the settlement is not a new one but is the other half of the settlement with Federated Department Stores from last year where Bloomingdales’ received a tax cert. Wood confirmed the $523,337 would come out of this year’s budget and affect the 2007-2008 tax roll.
Mr. Wood also said that the city made its budget in the final quarter of 2005-2006 ending June 30, actually making more than the budget called for, and he would get the figures for WPCNR from the Commissioner of Finance. WPCNR awaits the good news.
It is too early to tell whether this is the beginning of a new raft of certioraris that will outpace increases in assessments from condominium and home sales and possibly increased PILOT payments this year that will result in additional pressures on the school and city taxes, or perhaps, keep the assessment roll even which would stop a disturbing trend.
In the last four years, the City Tax Roll has declined $22,472,507, ($4.4 Million in 2003-2004, $9.1 Million in 2004-2005, $2.6 Million in 2005-2006, and 2006-2007, $6.3 Million). This has shifted the burden of paying for the city and school services to the homeowner to the benefit of the commercial property owner.
Meanwhile the
The school budget at $165.8 Million in 2006-2007 has grown from $89.4 Million in 1995-96. That is an increase of 86% in a decade when inflation has risen 26%. To finance this growth and the recent declines in city commercial assessments, the school district has increased Mr. and Mrs. White Plains school taxes 92%. From $202.91/$1,000 of assessed valuation(1995-1996) TO $449.64/$1,000 in 2006-2007.
With the city budget fat with expenses that outstrip its revenues this has resulted in an increase of city taxes of 7.8% this year. The continued dwindling of commercial property assessments of established successful business mainstays of the city through the certiorari process appears to be continuing as evidenced by the Macy’s refund approved Monday night.
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WPCNR NEWS AND COMMENT. By John F. Bailey. August 6, 2006: Reports from the Mayor’s Office last week indicated that the Air Pistol Ordinance on tonight’s Common Council agenda will be tabled – depriving the city of licensing fees from sale of air pistols
But wait! Just in the nick of time, thanks to the wonderful investigative reporting of the Journal News staff, Allan Hevesi, the state Comptroller, crack auditor and watch dog of the exchequer, has discovered an unbelievable error in the Unified Court System manual in stating who gets to keep the fines collected from illegal cellphone use violations.
It seems that the Journal News double checked with the Comptroller’s on how fines are collected, someone up in the Comptroller’s office said, Sheesh! They’re doing it wrong, that cities, including
Is this any way to run a collection system? A little proofreading in the court system, please! More incredulous is that the city financial and legal departments did not make themselves absolutely clear on the handsfree cellphone law and catch this error.
So
The handsfree use of a cellphone windfall is good news and bad news for
Now the White Plains Police, as if they do not have enough to do, have new incentive to start enforcing the handsfree cellphone law within the
Now on any routine traffic day, handsfree cellphone driving violations are rampant in
There just aren’t enough police to spot all the cellphone violators!
Now, that thanks to The Journal News, any
So drivers within the city limits of
The first thing White Plains Police could do is assign just one officer to walk a beat up and down
The police now have more than enough incentive to form an elite “Cell Sweep Team” to go along with their SWAT team to concentrate solely on handsfree cellphone while driving offenders. Perhaps some new cell phone signal detection equipment can be purchased through a grant to note cell phone signals within the city limits that are moving….the equivalent of cellphone radar – sort of like applying LO-JAC principles to hansfree cellphone while driving violations. Perhaps a visual can be established on each individual cellphone use…with a floating squad of BP’s (bicycle police) on cruise to swiftly close on the individual.
Or better yet, while the Parking Department Parking Enforcement Officers, (or whatever they are called – never got an official release on that one), are out writing their 40 tickets an hour (the amount needed to reach their projections for 06-07) they can keep a sharp eye peeled for drivers holding a cellphone and conducting conversations while driving – and aid police enforcement.
Or perhaps the Parking Enforcement Officers can walk up to the window of a car and write them up. (I do not believe they are empowered to do that now. We’ll check on it.)
Perhaps the Common Council will consider an ordinance allowing the Parking Department Officers to write up drivers holding handheld cellphone conversations. Driving violations, at $100 a vio – it’s far more lucrative than parking tickets.
I am breathing a sigh of relief the city deficit is shrinking already.
Thank you Journal News!
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WPCNR’S ADAM IN ALBANY. By Assemblyman Adam T. Bradley. August 4, 2006: I am very pleased to announce that the governor recently signed legislation I authored to facilitate communication between parents and teachers by establishing an Internet-based communications system for schools (Ch. 160 of 2006). The new law, known as the Parent-Teacher Communications Act will help parents remain involved in their children’s education.
A child’s education is greatly enhanced by parental involvement. Unfortunately, large class sizes and busy parental work schedules often do not allow for sufficient communication between parents and teachers. This new law will help bridge the gap between the home and the classroom.
The Parent-Teacher Communications Act requires the state Education Department to develop guidelines to help schools establish Internet communication systems for parents or guardians to communicate with teachers. Combined with reform and oversight legislation, the measure will help parents communicate with teachers and enable them to provide important information and stay more involved with their children’s education. It will also enable educators to provide parents with important information regarding their child and make educators more accessible.
I have been working to ensure that our children have the best education and that our schools operate in the most efficient manner. Last year, I sponsored a new law (Ch.263 of 2005) to increase oversight of school districts statewide. To continue these efforts, the Legislature’s 2006-07 bipartisan budget agreement doubles the money for state Comptroller audits of schools, providing $2.8 million over last year to make sure our tax dollars make it into the classroom.
Money alone cannot achieve our educational goals; we must have accountability and we must have reform. We must involve parents and help enhance their role in our children’s education. I look forward to continue working on measures that make sure that our schools are the very best they can be.
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WPCNR WHITE PLAINS VARIETY. August 3, 2006: Greenburgh Town Supervisor Paul Feiner announced today that the Town of Greenburgh, Ardsley, Hastings-on-Hudson, Irvington and Tarrytown have reached a franchise agreement with the fibre optic upstart, Verizon on a 10-year Franchise agreement which will see Verizon agreeing to wireoffering residents of those villages and towns competitive programming and services (including 77 channels), with Cablevision agreeing to provide cable television service to all residents within five years.
Verizon will pay the villages and towns 5% of their Gross Revenues from subscribers they attract and a Public Education Government Access Grant to each town. Verizon will provide three public access channels to serve the towns and villages and in theory offer cable channels competitive with those of Cablevision. The summary provided by Mr. Feiner did not say whether this included new production facilities, or whether the three channels would serve all five towns.
Verizon will begin the agreement paying the towns a Public Educational Government Access Grants, ($88, 843 to Greenburgh, $61,983 to Hastings, $41,322 to Tarrytown, $33,058 to Irvington and $24,793 to Ardsley, which separate from the 5% of gross revenues (no estimate of project gross revenues was given). In the future the Grants, separate from the 5% of Gross Revenues Fee, are pegged at 57 cents a subscriber for Ardsley; 60 cents a subscriber for Greenburgh, 75 cents a sub for Hastings, 55 cents for Irvington and 69 cents for Tarrytown.
Paul Feiner in a statement released to the media said, “I have been pushing for cable TV competition since the early 1980s. I believe that competition will result in better service, more options for customers and hopefully more competitive rates.”
Feiner announced the Greenburgh Town Board will be holding a hearing on the agreement August 9 at 7:15 PM in Greenburgh Town Hall.
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WPCNR THE FEINER REPORT. By Town of Greenburgh Supervisor Paul Feiner. August 3, 2006: Paul Feiner has announced an agreement with Verizon to provide cable fiber optic service to Greenburgh and assorted villages, to the media today. Here is Mr. Feiner’s announcement and explanation of the agreement:
The Greenburgh Town Board will be holding a hearing on a proposed agreement that will enable the town to have cable TV competition. Verizon is seeking a franchise with the town. The hearing will be held on Wednesday, August 9th at
PAUL FEINER
Here is the text of the Town of Greenburgh agreement with Verizon:
SUMMARY OF PROPOSED FRANCHISE AGREEMENTS BETWEEN VERIZON NEW YORK INC. AND THE
Background
A Consortium of the Town of
The renewal process with Cablevision remains open and the Consortium looks forward to resuming that process at the earliest opportunity.
Process
The Consortium prepared for negotiations by carefully reviewing the cable-related needs of its constituent communities taking into account the costs associated with meeting those needs. The bulk of those cable-related needs were concerned with public, educational and government access and this fact is reflected in each proposed agreement commensurate with the demonstrated need in each community. However, in the conduct of the process other such needs were identified and these also are reflected in the proposed agreement.
State regulations specify certain minimum franchise standards. In particular, Section 895.3 of Public Service Commission cable television, rules states that “No municipality may award or renew an agreement which contains economic or regulatory burdens that when taken as a whole are greater or lesser than those burdens placed upon another cable television franchise operating in the same franchise area.” While much of the evaluation regarding level playing field awaits completion of the Cablevision renewals (whose underlying current franchises have nominally expired but are continued provisionally under temporary operating authorities granted by the PSC), the Consortium has negotiated the proposed agreement with Verizon giving particular attention to this important responsibility.
The Greenburgh area communities are on the cusp of a new competitive marketplace for cable television service. Obviously, the public hearing is a key stage in that process. Within 60 days of the municipality’s approval of the franchise, Verizon is required to file an application for a certificate of confirmation with the PSC. Upon release of an order granting the certificate, Verizon may then begin to provide cable service to the community.
Highlights
Term
Service Obligations
Verizon is required to provide cable television service to all residents within five years. The sole exception to this commitment is a finding of economic infeasibility by the PSC, each and any incident of which must be filed for and demonstrated to the PSC’s satisfaction by Verizon. In most if not all cases, Verizon has or will indicate in its application that it has completed the construction of its Fiber to the Premises (FTTP) network to in excess of 90% of the households in each of the municipalities. Economic redlining is expressly prohibited. The vast majority of the residents in each community will have service available to them almost immediately following PSC certification.
Verizon is required to comply with all Federal and state laws and regulations pertaining to cable television service including the handling of requests for service, complaints and trouble calls, subscriber billing, termination of service for non-payment, system installation and repairs, subscriber credits and fee waivers, protection of subscriber privacy, technical performance and safety of the technical plant. While adequate safeguards exist within federal and state rules and the proposed agreement, it is expected that the imperatives of a competitive marketplace also will ensure the provision of superior customer service. Nonetheless, there is a procedure specified in the proposed agreement to effectively address deficiencies in this regard short of revocation of the franchise.
Franchise Fees
Verizon is required to annually pay, on a quarterly basis, a franchise fee of five percent (5%) based on “all revenue, as determined in accordance with generally accepted accounting principles, which is derived by Franchisee from the operation of the Cable System to provide Cable Service in the Service Area.”
Because the amount of the franchise fee collected from subscribers is included within the definition of gross revenue in the proposed agreement, the effective rate of the franchise fee obligation is 5.25%. Each payment must be accompanied by a report showing in detail the basis for the computation. The proposed agreement anticipates a marketing device known as “bundling” under which voice, internet and video programming (cable) services are offered at a discounted rate if the subscriber agrees to subscribe to all three in a package from the same company. If such bundling occurs, Verizon has agreed not to allocate such discounts “for the purposes of evading the franchise fee”, and to “allocate the bundled discount such that the discount allocated to Cable Service revenues will not exceed the amount which would be allocated to Cable Service revenue on a pro rata basis”.
The municipality may audit any such payment for a period of up to three years after such payment is first made.
Public, Educational and Government Access Support
In addition to agreeing to provide, install and maintain, without cost to the municipality, the equipment for receiving a video signal feed from each municipality’s “master control” facility for distribution to the community at large, Verizon has agreed to provide live interconnection to the “master control” facility from up to three sites in each community.
If the underlying technology changes in such a manner as to render the existing connections inoperable or insufficient, Verizon has agreed to provide suitable upgrades and replacements, also at no charge to the municipality. Verizon also is required under the proposed agreement to make both an “Initial PEG Grant” and “Annual PEG Grants” to be used by the municipalities for capital costs associated with PEG access.
Within sixty (60) days of effective date of the proposed agreement, Verizon will pay to each municipality for the following “Initial PEG Grant”:
Ardsley $24,793
Greenburgh $88,843
Hastings-on-Hudson $61,983
Ardsley $0.57
Greenburgh $0.60
Hastings-on-Hudson $0.75
Other Provisions
The proposed agreement requires Verizon to repair or replace and to restore to serviceable condition any municipal property damaged or destroyed in connection with its provision of cable service and to restore to its pre-existing condition any subscriber property damaged in connection with the installation, repair or disconnection of cable service
Consistent with recent PSC orders, the proposed agreement provides that upon delivery of cable service, Verizon’s FTTP network becomes a “mixed use” facility subject to the PSC’s minimum cable television franchise standards and the police power of the municipality but that the municipality is not granted any broader authority over the construction, placement and operation of the mixed use facilities as a consequence of Verizon’s providing the municipality with cable service.
Free basic cable service will be provided to each public library and educational institution chartered or licensed by the state education department or Board of Regents, as well as other buildings used for municipal purposes.
Under the proposed agreement, the municipality has the right to inspect Verizon’s pertinent books and records and Verizon will be required to maintain certain records for a period of three years.
There are insurance and indemnification requirements running to the benefit of the municipality.
The municipality retains the right to approve or deny transfers, consistent with the limitations imposed by federal law.
Verizon is prohibited from abandoning service, in whole or in part, without the written consent of the municipality.
Equal employment opportunity practices also are ensured under the proposed agreement.