White Plains Daily News Service Since 2000 A.D. "24th YEAR DAILY COVERAGE OF WHITE PLAINS NY USA. John F. Bailey, Editor (914) 997-1607 wpcnr@aol.com Cell: 914-673-4054. (WE ALWAYS CALL YOU BACK.) News Politics Personalities Neighborhoods Schools Finance Real Estate Commentary Reviews Policy Correspondence Poetry Philosophy Photojournalism Arts. The WHITE PLAINS CITIZENETREPORTER. TELEVISION: "White Plains Week" News Roundup, 7:30 EDT FRI, 7 EDT MON & the incisive "People to Be Heard" Interview Program 8PM EDT THURS, 7 PM EDT SAT on FIOS CH 45 THROUGHOUT WESTCHESTER AND, ALTICE OPTIMUM WHITE PLAINS CH 76 "Fighting for Truth, Justice and the American Way." EXTRA! EXTRA! READ ALL ABOUT IT! CHOICE OF WHITE PLAINS, WESTCHESTER AND THE WORLD FOR 23 YEARS. AND YOU CAN READ THE TYPE! ADVERTISE WHERE THE EYES AND THINKERS ARE FROM ALL OVER THE WORLD! IN MARCH TOP 10 VISITOR COUNTRIESl 1. USA 8,327 2. CHINA 3,590 3.IRELAND 1,018 4 GERMANY 933 5 RUSSIA 426 6 ISRAEL 366 7. CANADA 268 8 FRANCE 243 9 UNITED KINGDOM 240 10. NORWAY 216 (RATINGS SOURCE WORDPRESS ROBOT FREE)) THE NEWS YOU NEED TO KNOW THAT THEY DON'T TELL YOU! LOOK FOR THE FEDORA!
WPCNR MAIN STREET JOURNAL. From Cushman & Wakefield (EDITED) January 14, 2009: The White Plains Centeral Business District lead the county in office leasing activity, eroding only slightly, according to Cushman & Wakefield, the office leasing giant according to the company’s quarterly report to the media Tuesday. Central Busienss District rentals decreased 87 cents from $34.94 a year ago (end of 2007) to $34.07 at the close of 2008.
In the White Plains Non-Central Business District, rents remained level, averaging $32.12 per square foot in the fourth quarter of 2008, up from $31.98 psf in the third quarter, and even with $32.12 psf in the fourth quarter of 2007, perhaps showing a shift of business locations into a lower rent district, WPCNR notes.
In Westchester County, office lease demand for office space was down in 2008.
In the White Plains Non-Central Business District, rents remained level, averaging $32.12 per square foot in the fourth quarter of 2008, up from $31.98 psf in the third quarter, and even with $32.12 psf in the fourth quarter of 2007, perhaps showing a shift of business locations into a lower rent district, WPCNR notes.
Overall lease throughout Westchester County was down in 2008.
The most significant transactions that closed in White Plains in Quarter 4 were a 25,982-square foot lease for Wachovia Securities at 1133 Westchester Avenue, and a 15,470 sf lease for Allstate Insurance at 660 White Plains Road, Tarrytown.
Office Building real estate sales were slowed by the credit crunch affecting multi-million dollar deals and experienced the average price per square foot drop 37%.
The news about White Plains market, the strongest in Westchester County according to C & W in a softening market, was part of Cushman & Wakefield’s year-end report for the Westchester County commercial real estate market, showing new office leasing activity for Class-A space in the region totaling approximately 1.2 million square feet (msf) in 2008, down from 1.67 msf leased in 2007, the lowest number since 2001.
“Despite turbulence in the economy, the office leasing market in Westchester County remained steady overall in 2008,” said Jim Fagan, senior managing director, and head of Cushman & Wakefield’s Fairfield and Westchester County region. “Unlike some markets in the tri-state region that are home to a large number of companies in the financial services sector, Westchester County will weather the current economic environment and prosper due to the assorted mix of businesses based here.”
In the fourth quarter, WestchesterCounty experienced 122,078 square feet (sf) in Class-A leasing activity, a drop from the 354,007 sf leased during the third quarter, and down significantly from 457,216 sf leased in the fourth quarter of 2007.
The slowdown brought available direct Class-A space in WestchesterCounty to 3.9 msf in the fourth quarter, up from the 3.55 msf available at the end of 2007.Of that available space, 498,953 sf is sublease space.
Overall Class-A vacancy rates countywide in the fourth quarter registered 18.3%, on par with the previous quarter, but higher than the 16.6% reported in the fourth quarter of 2007. The market has shifted from one with a lack of supply to a lack of demand. As with most markets, employment softness in 2008 is expected to lead increases in vacancy, but due to limits in new supply the number is projected to head down later in the year.
Incentives to lease proliferate — including free-rent, tenant-improvements.
Overall asking rents for Class-A space countywide at the close of the fourth quarter averaged $31.77 per square foot (psf), level with the $31.79 psf average at year-end 2007.
Although asking rents have increased slightly overall, achievable rents have gone down and concessions, such as free rent and tenant-improvement allowance, have become more generous, resulting in much lower net effective rents for tenants.
Overall absorption for Class-A space in 2008 in Westchester County, was down 172,870 square feet, compared with positive 79.948 square feet leased in the fourth quarter of 2007. Total absorption numbers countwide in 2008 were down 531, 364 square feet, compared with the 2007 figure of a negative 1,753 square feet.
Mr. Fagan said, “The good news is that the region’s fundamentals will remain relatively sound due to the long-term contractual nature of leases and tenants with pending lease expirations, combined with the fact that very little new product has been constructed in Westchester Countyover the past two decades.”
The investment sales market in WestchesterCounty slowed considerably in 2008 due to the sharply constrained credit markets, mirroring national trends. There were only two major property sales that took place during the fourth quarter: 1311 Mamaroneck Ave., White Plains, a 325,600 sf building which sold for $81.95 million; and 100-120 White Plains Road a 211,000 sf property in Tarrytown which sold for $48 million.
Lending for Big Ticket Building Purchases “Arduous at Best.”
In Westchester County, the average price psf for office buildings paid in 2008 was $247 psf, well below the average of $395 psf in 2007. Future investment sales activity will be driven by long-term acquisitions with short-term debt.
“Real estate lending has become arduous at best and, as a result, investment sales activity plummeted significantly over the past year,” said Mr. Fagan. “While investing will not be for the faint-of-heart, there is real opportunity for owner-occupiers as well as investors looking to deploy fresh capital to purchase assets at historically low prices.”
WPCNR QUILL & EYESHADE. By John F. Bailey. January 12, 2009: Town of Greenburgh Supervisor Paul Feiner issued a statement on the Town of Greenburgh website Saturday he had been advised that an 18% cut in the STAR exemption is presently incorporated in Governor David Patterson’s 2009-10 budget. The Governor’s proposed 18% STAR cut was first reported by WPCNR two weeks ago.
Feiner foresees dire school tax consequences if the STAR Exemptions were enacted: “The cut in STAR exemptions, if enacted by the NYS Legislature, will result in higher school property tax bills since your school tax bills will not be subsidized by STAR to the degree that they once were. Schools, like every municipality, county, fire district, state governments are experiencing budget difficulties EVEN without STAR being cut. So this is very bad news.”
Mr. Feiner confirmed to WPCNR that Greenburgh is suffering from the legislature’s very quiet 10% slashing of the 2008-2009 STAR exemptions, because the town assessor’s office computed the STAR exemption incorrectly in original property tax bills to residents.
Feiner reports Greenburgh has sent out additional property tax bills to residents because his own assessor had missed this year’s 10% cut in the STAR exemptions so silently enacted. (No news releases announced the 10% cut, just letters were sent to assessors to announce it from Albany.)
Feiner is sensitive to state STAR tinkering because the 2008-2009 10% cut in the State STAR Exemptions that taxpayers receive as deductions from their assessed home values was so “quietly”enacted by the State of New York, some local assessors missed it completely. The Town of Greenburgh Supervisor Paul Feiner confirmed to WPCNR Saturday, was one of those.
WPCNR had been advised of Greenburgh residents receiving additional property tax bills with the last month because of an error in Greenburgh computing the tax. Thousands of Town of Greenburgh residents are receiving additional bills from $50 to $100 based on the 10% cut in the STAR BASIC and ENHANCED exemptions, Feiner confirmed.
The 10% cut statewide helped to fund what was described locally as “additional education aid” was exclusively reported by WPCNR last April. No other media reported the state legislature decision to lower the STAR. Some local towns did not get the message. Greenburgh was one.
Feiner confirmed the oversight to the CitizeNetReporter: “A few Assessors in Westchester made similar mistakes – the state reduced STAR benefits in April and the town didn’t catch the mistake.” Feiner believes that Harrison, Yorktown and Mamaroneck also made the same mistake, and had to send out additional bills.
How Greenburgh handled the tax fallout:
“The town sent out a supplemental bill to all the residents,” Feiner said in a statement. “Most people received a bill that was in the low – mid $100 range. They would have had to pay the same amount to the town if the initial bill had been sent out correctly. The town is a collection agent for the school districts.
“I received a few complaints from residents and for the most part most people were understanding when we explained the reasons for the error. In the future we will be extra careful before tax bills are sent out so I don’t think this mistake will happen again.”
Another additional 18% STAR CUT Planned in Governor’s Budget.
WPCNR asked Mr. Feiner what the town expected would be the impact of Governor David Patterson’s announced 18% cut in the STAR exemptions this year, as reported by the Department of Real Property Services newsletter.
January Property Tax Monitor First Announced Governor’s STAR Cut plan: Above and below.
A WPCNR call to the Governor’s press office two weeks ago to determine if the 18% STAR cuts would erase the expected $2.7 Billion 2008 budget gap the state is now experiencing, has not been returned as yet.
Feiner said he did not have a handle on the impact on Greenburgh, saying “the assessor will provide board members with specific dollar estimates –highlighting the impact of the STAR cuts in each of the different school districts (in Greenburgh). The school district is independent of the town. But– the STAR cuts will increase school taxes.”
Feiner observed: “The poor economy, school tax increases, state tax hikes on new items –is having an indirect impact on town officials. Residents, who supported the funding of some programs, are now speaking out against some initiatives they previously had supported.”
Asked about his reaction to the STAR Cuts and the possible 18% cut, Feiner issued this statement:
“ I am not pleased with the way the state has handled the STAR cuts. I also believe that there is a need to take a new look at how governments in NYS are structured –we need to rethink the need for a county government, look at restructuring governments at every level — more sharing.”
Greenburgh Website message:
On Saturday, Feiner posted this message to the Town of Greenburgh website to his constituents, amplifying his concern and calling for government cuts in spending:
“I have been advised that the Governor’s submitted budget cuts an additional 18% from the STAR benefits. In recent years the state has been reducing STAR benefits to taxpayers who receive basic STAR and those seniors over 65 who receive enhanced STAR.
School districts are independent of the town.
The cut in STAR exemptions, if enacted by the NYS Legislature, will result in higher school property tax bills since your school tax bills will not be subsidized by STAR to the degree that they once were.
Schools, like every municipality, county, fire district, state governments are experiencing budget difficulties EVEN without STAR being cut.
So this is very bad news.
If a school tax bill stays flat (which won’t happen) you still will experience a school tax hike because of the significant STAR reductions.
I have asked the Assessor to provide the town with an analysis of the impact the 18% proposed STAR cut could have on each of the school districts within the town.
Members of the NYS Legislature will be reviewing the Governor’s proposed budget in the coming months and are constitutionally required to approve a budget by April 1st.
Although the town and school districts are independent of each other – the additional tax burdens that will be placed on schools highlight (in my opinion) the need for all governments to look for ways to tighten our belts, to make government more efficient. The Town Board and I will devote significant resources reviewing all operations in the town.
WPCNR POLICE GAZETTE. From U.S Department of Homeland Security. (EDITED) January 12, 2009: The U.S. Department of Homeland Security (DHS) today reminds travelers from all Visa Waiver Program (VWP) countries that they are now required to obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States. This requirement, effective today, applies to all eligible citizens or nationals traveling under the VWP.
The VWP is administered by the department and enables eligible citizens or nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa.
The countries eligible for VWP are:
Andorra, Australia, Austria, Belgium, Brunei, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, the Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.
To be admitted to the VWP, a country must meet various statutory requirements, such as more enhanced law enforcement and security-related data sharing with the U.S. and timely reporting of both blank and issued lost and stolen passports. VWP members are also required to maintain high counter-terrorism, law enforcement, border control, and document security standards.
You check in on Web.
ESTA is a web-based system, initially launched in August 2008, that determines the preliminary eligibility of visitors to travel under the VWP prior to boarding a carrier to the United States. To date, more than 1.2 million ESTA applications have been received, and more than 99.6 percent of applicants have been approved, most within seconds.
“We have been collecting information from visa waiver travelers for decades, and establishing a program to get that same information in advance is one enhancement that allowed us to extend the valuable benefit of visa-free travel to eight new countries in 2008,” said Homeland Security Secretary Michael Chertoff. “In addition to building business and cultural ties with our partners overseas, this is a commonsense step into the 21st century that will improve our efficiency in screening and welcoming international travelers at our ports of entry.”
In effect since 2007
DHS received authorization for VWP reforms through the Implementing Recommendations of the 9/11 Commission Act of 2007. The VWP is administered by the department and enables eligible citizens or nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa.
To be admitted to the VWP, a country must meet various statutory requirements, such as more enhanced law enforcement and security-related data sharing with the U.S. and timely reporting of both blank and issued lost and stolen passports. VWP members are also required to maintain high counter-terrorism, law enforcement, border control, and document security standards.
The citizens or nationals of the following countries are currently eligible to travel to the United States under the VWP:
Andorra, Australia, Austria, Belgium, Brunei, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, the Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.
Eight of these countries joined the VWP in 2008, and their citizens and nationals have been required to comply with an ESTA since their designation as VWP participants: the Czech Republic, Estonia, Hungary, the Republic of Korea, Latvia, Lithuania, Slovakia and Malta.
WPCNR GUEST EDITORIAL . January 12, 2009: In the current WPCNR survey in which WPCNR put up as an option for public opinion, should the city look into overcrowding at the White Plains Hospital Medical Center Emergency Room and explore the hospital cooperating with Greenwich Hospital (Connecticut) so Greenwich could ease the crush at the White Plains Hospital Emergency Room. WPCNR asked the public this question because the White Plains hospital appears to stressed because previous emergency room expansion was not handling the current demand due to the closing of St. Agnes Hospital and United Hospital in Port Chester. A total of 13% of votes cast to date (49 votes) felt this was an issue that needed to be examined.
Jon Schandler, White Plains Hospital Medical Center Chief Executive Officer takes the time here to assure the public that when the new emergency room opens six months from now, it will indeed be able to handle the current crush and future demands:
Jon Schandler, President, CEO White Plains Hospital Medical Center at recent opening of the Longview Municipal Parking Garage which serves the hospital.
To the Editor:
Your article (Editor’s note: survey question) “Examine Overcrowding of White Plains Hospital Emergency Room” contains several inaccuracies.
It is true that White Plains Hospital Center embarked on construction of a new emergency room to meet an increase in patients from White Plains and surrounding communities. However, the new Emergency Department, which will be completed in mid-2009, was designed to serve a significantly larger number of patients – 60,000 per year. In comparison, the current facility was designed for 30,000 and currently serves more than 45,000 annually due to the closing of two nearby hospitals and the growth of the population in the White Plains area.
(More)
Among the features of the new two-story Emergency Department will be an increase from 17 to 38 beds, nearly all in private rooms, in-room registration at bedside, and specialty treatment rooms for specific types of emergencies. The second floor will house a new Fast Track Unit, which will be dedicated to providing rapid care for patients with less serious medical needs. We strongly believe these upgrades will reduce crowding, and our plans have received much support from the community.
Working with Greenwich Hospital to “split the emergency room load” or “establish a Westchester satellite closer to White Plains” would not provide the most efficient and expedient emergency care for White Plains residents. EMS providers are required to take urgent cases, such as heart attack and stroke, to the nearest hospital Emergency Department.
It is the mission of Westchester’s hospitals to provide the very best care right here in the county. Therefore, White Plains Hospital Center is proudly expanding its Emergency Department to serve our area’s growing population close to home.
WPCNR SCHOOL DAYS. By John F. Bailey. January 10, 2009: The White Plains Board of Education meets Monday evening at Education Housethree days before the first-ever “Community Forum Budget Process” to start at the high school this Thursday, January 15 at 7:30 P.M.
The two-meeting process replaces the Annual Budget Committee procedure (of three to four meetings) used in years past. The reason given for the switch is to open the process of formulating the budget to the entire community to get behind a school budget the community supports in view ofthe state of financial crisis that the district faces.
However, the budget parameters reported to be presented to the citizens Thursday evening will not know the what they will be paying their teachers in 2009-2010. Building a budget without knowing what you are going to pay your teachers and administrators making up 80% of your budget is rather difficult even for a journalist. The district has taken a no-negotiate stance with the teachers, forcing the teachers and the district to go to mediation for what is believed to be the first time in the history of the district.
A Leisurely Mediation
Presently the district is at impasse with its 800-plus teachers and assistants on a new contract, one of five districts in the county operating without contracts with their teachers. The previous White Plains contract continues in effect, (containing an automatic 2% increase for each new year of service) while a state-appointed mediator, Karen Kenney. orchestrates the mediation process. A mediator-engineered settlement is expected that may result in a possible 2.7% minimum increase if inflation trends are followed, in which case the mediator can be blamed by the district for the increase even though they “tried to hold the line.”The present hostile attitude between teachers and district management suggests the district will face these negotiations every year given the deteriorating tax situation in the city. It is not going to get better.
Only one mediation meeting has been held to date which was a get-acquainted meeting where the mediator interviewed both sides of the dispute to ascertain their positions. A second meeting is scheduled in February, date as yet undisclosed, though the district has been asked. To date the district has not made an offer to the teachers since last June, prompting both sides to declare an impasse.The White Plains Teachers Association is demanding a salary increase to keep pace with the escalation in health benefits costs that took away a large percentage of the union’s previous wage agreement of 3%.
Settlement Mystery Compromises Process?
The lack of settlement of theteacher contract raises the question how the public, largely well-meaning, but with little grasp of the school budget complexities, subtleties and for lack of clarity, “mumbo-jumbo,” which they have for many years trusted the district judgment, can help decide the budget when it does not know what the teacher contract is which is about 75% of their budget.
Even the Annual Budget Committee (a group of about 30 persons, many who remained on the committee from year to year) reasonably knowledgeable was often mystified when confronted with District rationalization for expenses. The ABC Committee last year was unaware, for example of the double-inflation pace of administrative raises, first reported and so far only reported by this website, that many feel gave a message to teachers that they were underappreciated.
Teachers got 3% when administrator and curriculum coordinators received from 2.3% to as much as 13% in salary increases. The 42 full-time Coordinators/Directors/Principals/ and Assistants raises averaged 7.5%. The average raise for this group of was $10,584. Despite school district rationalizations about contract and promotion automatic raises being responsible for that round of administrative raises, that is what the salaries went up according to the math.
Superintendent Will Speak on the Community Forum Process
The Superintendent of Schools, Timothy Connors is scheduled to speak on the budget process which begins this week by the district inviting all of the White Plains community to review where the district stands now on their expected budget for 2009-2010.
Mr. Connors may give some details on the sketchy process which at this point is described as similar to the forums which formulated the district Strategic Plan a year ago. That plan, though adopted has not been reported on as of yet this year by the Board of Education. It remains to be seen whether the opinions of the Strategic Plan Action Committees working on this year’s objectives will be offered at the two Budget Forums coming up on Thursday, January 15 and on February 25, when a budget based on this Thursday’s forum’s suggestions will be presented for comment, WPCNR believes. Perhaps Mr. Connors will make this process clearer Monday night.
Hard Numbers
The television program, White Plains Week, and The CitizeNetReporter has estimated that if the school district continues its spending pace of the last 11 years, (an average of 7% a year) that the preliminary budget possibility is $197 Million dollars, up from the 184.4 Million budget this year, unless ofcourse the district cuts a significant series of expenditures out of the budget to begin the process.
In light of a $1.1 Million drop in the city assessable announced by the City Assessor, Lloyd Tasch this week the pressure of reduced assessments compounds the problem. If the present assessment numbers hold and do not decline it results in a $1.7 Million gap in school district property collections.
Barring increased revenues from other sources, this gap computes to a raise in this year’s tax rate of $503 to $510 per $1,000 of assessed valuation to catch up with this year’s budget – before the automatic 7% increase to keep pace with this year’s spending.
No Spending Cuts this year?
In December, the outgoing Superintendent of Schools Timothy Connors would not commit, when asked by WPCNR, to say the district would cut the rate of spending of this year’s budget (to allow more surplus to fund the 2009-2010 budget). The district has about $14 Million in fund balance of which approximately $3 Million is committed. Peter Bassano, a Board of Education member told WPCNR last week that “nothing in the budget is off the table (for cuts).” Bassano said that fund balance might be used to limit the year to year budget increase.
Asked if the district may postpone going out for the final $15 Million in bonds to conduct “needed” repairs in district schools and buildings other than the Post Road School and Mamaroneck Avenue School construction projects, Bassano said that was a possibility. This would have the effect of limiting the increase in debt service expected in 2009-2010. Debt Service, according to the school budget is scheduled to rise approximately $2 Million from $10,639,998 in 2008-2009 (this year) to $12,745,368 in 2009-2010 according to this year’s budget.
This year’s spending continues unchecked at this time.
Monday Agenda: Spending Approvals
At the Monday meeting, the Board is scheduled to pass the 2008-2009 Interscholastic and Co-Curricular Appointments and stipends for coaches and conductors of district sports and other extra-curricular activities; the 2008-2009 Extended Day Program for this year; andthe 2008-2009 Program for Professional Development (of faculty and administrators. )
The Board will also be asked to approve contracts for maintenance of power and lawn equipment and furniture.
A new interim Assistant Principal, Francis Lahey, is scheduled to be hired for Eastview Middle School.
The Board of Education is also conducting the confidential process of hiring a new Superintendent of Schools, who Mr. Bassano predicts will be hired in March. No money has been discussed yet, according to Mr. Bassano as of last week.
The agenda:
WHITE PLAINS CITY SCHOOL DISTRICT
White Plains, New York
REGULAR BOARD OF EDUCATION MEETING
Monday, January 12, 2009
Education House
7:30 P.M.
AGENDA
I.Opening of Meeting:
Pledge of Allegiance
Moment of silence in memory of retired staff members Mary Jane Johnson, Isabel Levy, Thelma
Rockwell and Michele Stevens
Recognition of Mamaroneck Avenue School Chess Team
NYSSBA Developmental Achievement Citation
Oral Announcements by the Board President and Board Members
II.Communications:
III.Public Participation:(The Board will entertain comments from the public on any issue, with a time limit of three minutes per person, and a maximum total of 25 minutes.)
IV.Superintendent’s Report:
2009-10 Budget Process – January 15th Community Forum
Dual Language Program
Emerging Scholars Program
V.Summary Action Items:
Recommended approval of minutes of the Regular Meeting of December 8, and the Special Meetings of December 3, 14, and 17, 2008.
Recommended acceptance of the following donations:
$750 from William and Georgia Pollak for the High School’s musical instruments
$250 from William and Georgia Pollak for “Project Early Read”
A clarinet from Joan Roberts, Ridgeway School teacher
Photography paper from Margarita Mateo-Saha, for the High School Art Program
A 35 mm camera from Mr. & Mrs. Fred Palma, for George Washington School
– 2 –
Recommended approval to add Grandmaster B. M. Kim’s Tae Kwon Do to the list of organizations permitted use of facilities.
Recommended authorization for the Clerk of the Board to make all necessary arrangements and to incur such expenses and perform any duties necessary and proper for the conduct of the Annual Board of Education Budget Vote and Election to be held on Tuesday, May 19, 2009.
5.Recommended approval of the Board of Registration for the Annual Board of Education
Budget Vote and Election on May 19, 2009, as follows:Elizabeth Scardino (R) and
Melissa Scardino (D).
6.Recommended approval of a consultant agreement with Student Assistance Services Corp. to
provide two counselors at the Middle School, as per attachment.
7.Recommended approval to arrange for the appropriate program and services for students with
disabilities, as recommended by the Committee on Special Education:45 cases, as per
attachment.
8.Recommended approval to arrange for the appropriate program and services for students with
disabilities, as recommended by the Committee on Preschool Special Education:15 cases, as
per attachment.
9.Recommended approval that all employees previously granted a conditional appointment and
who have not received conditional clearance from the State Education Department be granted another conditional appointment for 20 days.
Civil Service Staffing:
10.Recommended approval of an increase in salary for Kathleen Contrata, Administrative
Assistant, Special Education, Education House, effective 1/13/09.
11.Recommended approval of the temporary appointment of the following:
Valerie Riddick,* Bookroom Clerk, High School, effective 1/13/09-6/30/09 (replacing
C. Finiani)
Richard Logan,* Attendance Liaison, High School, effective 1/13/09-6/30/09 (new
position)
Joseph Paulo, Custodian, Middle School-Highlands, effective 1/13/09 (replacing S.
Martinez).
12.Recommended approval of the 26-week probationary appointment of the following Food
Service Helpers, effective 1/13/09:
Edith Newkirk,* High School, 4 hours per day (replacing M. Principe)
Brenda Hardy,* High School, 3 hours per day (replacing M. Ramirez)
Isela Chacon,* Post Road School, 3.75 hours per day (replacing K. Negi)
13.Recommended approval of the substitute appointments as per Board approved “Substitute, Summer School and Supplemental Rates,” as per attachment.
– 3 –
Teacher Staffing
14.Recommended acceptance of the resignation of Aguedo Camacho, Jr., Teaching Assistant,
Post Road School, effective 1/24/09.
15.Recommended approval of a request for unpaid leave of absence for Monica DiMatteo,
Teaching Assistant, Church Street School, effective 12/24/08-2/23/09.
16.Recommended approval of the appointment* of districtwide per diem substitute teachers and
substitute teaching assistants, and Adult & Continuing Education Teachers, as per attachment.
17.Recommended approval of a request for a part-time (.3) leave of absence for Pamela Daly,
Physical Education Teacher, George Washington and Post Road Schools, effective 1/5/09-
6/30/09.
18.Recommended approval of an extension of the probationary period for Andrea Steptoe,
Mathematics Teacher, High School, effective 8/31/07-10/19/10.
19.Recommended approval of compensation for the following, as per attachments:
a.2008-09 Interscholastic and Co-curricular appointments
b.2008-09 Extended Day Program
c.2008-09 Professional Development Activities
20.Recommended approval of the Part-time appointments of:
Rita Sanchez(New C4E position)
BA – Binghamton University(English)
MS Ed – Lehman College/ CUNY (TESOL)
Certification: Initial, ESOL
Assignment: ESOL Teacher, High School, 90% of full time
Dates of Service: 2/2/09-6/30/09
Eyleen Ortiz(Replacing M. Yoegel)
BA – Florida International University(Psychology)
MA – Teachers College, Columbia University(Behavioral Disorders/ABA)
M Ed – Teachers College, Columbia University(Instructional Services)
Certification: Permanent, Special Education & Provisional, SAS
Assignment: CPSE Chairperson, Districtwide, 70% of full time
Dates of Service: 1/14/09-6/30/09
21.Recommended approval of the Regular Substitute appointments of:
Suzanne Adams(Replacing T. Alfalla)
BA – Columbia University(English Literature)
MA – Teachers College/Columbia University(English)
WPCNR THE READING NEWS. By John F. Bailey. January 9, 2009: Paul Wood, White Plains City Executive Officer, today accused White Plains Public Library Executive Director, Sandy Miranda of misrepresentation to her Board of Directors and Library Board President, Julie Trelstad, in describing to the Board the labor situation with full-time workers, after it had been explained to Miranda by the Mayor and City Corporation Counsel, Edward Dunphy, that extending union full-time worker hours was allowed by the library contract.
WPCNR has also learned that while library supporters are resisting cutting $400,000 in expenditures, and is engaged in midst of protests over closing the library on Sundays and other cutbacks, the library is still on schedule for renovating the men’s and women’s restrooms on the first floor for an expenditure of $225,000, more than half the library savings requested by the Mayor.
Miranda had felt the labor contract prevented her from extend hours for full-time employees, resulting from closing the libary on Fridays. In the recent chain of events in which the library, at Ms. Miranda’s suggestion opted to close the library on Sundays to achieve $60,000 of the $400,000 in savings requested from the library budget, the President of the Library Board of Directors was reported to have said, “Given what we’ve heard about what we can and can’t do with labor, I think Sunday would be our only choice.”
News reports gave the impression Mayor Joseph Delfino told the library to close Sundays because there would have to be new hours negotiated with the unions. Wood says that is not the case and that Miranda mislead the Library Board. This week, as reported by WPCNR, the Board of Directors is going to visit the whole issue of what to do at a public meeting January 14 at 7:30 PM.
$225,000 for Restrooms
WPCNR has also learned in followup on a legal notice published in the Friday Journal News, that the library, with Ms. Miranda’s approval, is to receive $225,000 from the city Capital Projects budget to refurbish the mens and womens restrooms on the library first floor, according to Department of Public Works Commissioner Joseph Nicoletti.
Mr. Wood was asked why this project could not be suspended and used to contribute to the library share of cost cutting. He said that was up to the Common Council to rescind that expenditure and recommit the funds to the library. Asked why the Mayor simply could not do this, Wood said that was up to the capital projects board which the Mayor had no control over. Wood said Miranda had approved of this expenditure.
No $4 Million Deficit as Alleged.
Wood released to WPCNR his answer to a letter circulated by e-mail from a person in support of the library which said the city was facing a $4 Million deficit in the current fiscal year. Wood confirmed that the Mayor has never quantified any alleged shortfall in current revenues in any public statements. He said the cost-cutting measures were precautionary, and not to make up any known shortfall as alleged in the private letter.
The letter circulated by the White Plains resident gives a version of the library events to a wide audience.
Wood’s letter furnished to WPCNR outlines how the Sunday closing came about and how Ms. Miranda was told by the Mayor that there was no need to negotiate new hours with full-time employees to close the Library on Fridays as the White Plains Library Board of Directors had originally voted to do last month. Here is Mr. Wood’s written statement to the letter writer:
Hi Lauren,(Candela-Katz)
I received a copy of your email which contains several inaccuracies and only serves to further confuse and mislead people about what is taking place. It’s extremely disappointing that this issue continues to be completely distorted.
Number one, the Library Board did NOT make the decision to close on Sundays, its executive director, Sandra Miranda made the decision.
Two, it’s completely UNTRUE that any renegotiation with the unions would have to occur. Sandy was informed of this by myself and corporation counsel Ed Dunphy AFTER the Board voted to close on FRIDAYS and Sandy wanted to switch to Sundays.
Three, what else in the City is being reduced, you ask. EVERY DEPARTMENT is looking to cut their budgets by 7 to 10%. This is an ongoing process and the pain is well shared. The information has been printed in the Journal News and the New York Times. What else do you want the administration to do??
Four, the City did NOT spend $65,000 for the ball drop on New Year’s Eve. It spent $12,000. The rest of the money came from MERCHANT DONATIONS.
Five, we looked at reducing take home cars, savings were negligible, and would have, in most cases required a RENEGOTIATION with unions who currently don’t have contracts with the City so it is doubtful this would have been successful.
These are unprecedented economic times. What you and your email string of readers (which I’m sure will never receive this corrected information) should be doing is lobbying the Democratic council and assembly members to get the extra quarter percent sales tax that the Mayor has been advocating for two years now.
It would have provided an additional $5.6 million dollars this year alone and may have made these unpleasant cuts less necessary, or at the very least, less painful.
Regards, Paul Wood Executive Officer City of White Plains
WPCNR ALBANY ROUNDS. From the Governor’s Press Office. January 8, 2009: Herewith, Governor David Patterson’s State of the State Message delivered yesterday in Albany:
My Fellow New Yorkers,
For several months now, I have regularly shared with you the steps that my administration has taken to responsibly address New York’s fiscal crisis. Today, I delivered my State of the State address, giving a frank assessment of New York’s challenges, and proposing a wide-ranging series of initiatives to put our state back on the right track.
This is no time for fear. This is a time for courage. This is a time for hope. Most of all, this is a time for action.
This is a time for those of us who serve to live up to the example that New York families have set for us– to recognize that we must make painful choices about what we can and cannot afford; we must sacrifice what we want today so that we can pay for what we need tomorrow.
I am constantly inspired when I witness New Yorker’s commitment to their state, their families, and to their shared sense of responsibility and sacrifice; that commitment underlies many of the initiatives that I laid out in my speech today.
New York’s commitment to leadership demands that we meet our constitutional obligation and balance our state budget, even if that means making difficult choices. We must also stand up and encourage additional action from our leaders in Washington DC. President-Elect Obama and the Congress must act quickly to stimulate the national economy.
Today, I restated my call that Congress pass a comprehensive stimulus package for the States and to pass it by the end of January. I further call upon our federal partners to quickly reform our financial regulation system. But let me be clear – if the federal government does not act, I shall. We need sensible regulation to oversee our financial industry so that the savings and retirement funds of New Yorkers will not be at risk.
New York’s commitment to the environment demands that we be at the forefront of one of the most ambitious clean energy goals in America. By 2015, New York will meet 45 percent of its electricity needs through improved energy efficiency and clean renewable energy. Our new “45 by 15” program will help rebuild our economy by creating an estimated 50,000 new jobs, meet our energy needs, while protecting our environment. Improving energy efficiency at schools, hospitals, and local governments will allow us to cut costs and hopefully cut taxes in the future.
New York’s commitment to innovation demands that we once again invest in roads and bridges, in higher education institutions, in statewide broadband installation and the computerization of medical records, and in clean water and wastewater systems. We should complete signature projects all across our State including the Peace Bridge, the Tappan Zee Bridge, the Second Avenue Subway, and the East Side Access. And we should implement the Ravitch Commission recommendations to improve an essential piece of our infrastructure, the MTA.
New York’s commitment to our families demands that we make it easier for families to take care of one another. That is why I proposed a bill allowing families to cover family members up to the age of 29 in their family coverage plans at their own cost. It is unacceptable that one in three New Yorkers from the ages of 19 to 29 are still uninsured. We must also aggressively address the greatest threat to our children’s health today, the obesity epidemic. First Lady Michelle Paige Paterson and I unveiled a comprehensive strategy to address this challenge, including banning trans fats in restaurants, requiring calorie posting in chain restaurants, banning junk food sales in schools, and placing a surcharge on sugared beverages like soda.
New York’s commitment to our communities demands that, even in these difficult times, we must make sure we respect one another, serve one another and protect one another. Nearly 3 million adults volunteered 397 million hours of community service last year, contributing an estimated $7 billion to our economy through their service. In these difficult times community service is more important than ever. We must fund an increase in the number and capacity of Regional Volunteer Centers throughout the state. I also encourage all New Yorkers to visit www.newyorkersvolunteer.org to learn what they can do to serve their neighbors in need.
Today, New York State is faced with difficult decisions. We are suffering statewide and national recessions that may continue for months or even years. We face a series of savage fiscal choices and are confronted with the worst budget deficit in the history of our state.
But we should not confuse this crisis with our long term reality, because our future is bright. Our workforce remains strong, and our vibrant university system will continue to produce high quality graduates for decades to come. We remain a center of innovation – from the stem cell research at Cornell University to the clean-tech cluster upstate to the information and nanotechnology clusters around the state. Though shaken, New York City remains a global financial capital that will eventually bounce back.
The essence of New York is that we refuse to fear the future. We understand that shared sacrifice today is the price for growth tomorrow, and that by balancing our budget and making key investments, we can prepare our state for the time when this crisis is over.
I have delivered my executive budget, and laid out my agenda for the year ahead. Now it is the time for me to listen to my colleagues and the people of New York. I encourage you to watch my State of the State Address to learn more, and to share your thoughts with me.
It is time to come together and to take back the future of New York. I ask you to join me.
WPCNR THE READING NEWS. By John F. Bailey. January 7, 2009: City Hall announced today that the White Plains Library is temporarily withdrawing its plan to close Sundays, and will lookat other methods of achieving a Mayor-mandated $60,000 in budget savings (10%) from the library between now and the end of the fiscal year June 30.
Melissa Lopez of the Mayor’s Office told WPCNR today:
“Paul and I spoke to Julie Trelstad from the Library Board and she informed us that the board will be meeting on January 14th to take another look at ways to cut the budget with the less impact on everyone’s lives (employees and the public) in light of the fact that Sandra Miranda made the decision to close on Sundays. The current cuts in hours and staff may or may not occur after this meeting. We will have to wait to see what decision the board makes on the 14th. “
Whatever methods the Library does choose to trim their budget, Lopez said would at this time remain in effect for the new fiscal year 2009-2010.
Previously the Library had planned, based on a decision by Library Director, Sandra Miranda, to close Sundays which would result in the firing of 11 part-time employees.
Earlier this week, Ms. Lopez had told WPCNR that these were full-time employees required by union contract to work 5 Sundays a year, and would not lose their jobs. Ms. Lopez today retracted this statement, acknowledging that the “Library 11” were part-time employees, and if the Library Board were to remain with the Miranda decision to close Sundays, the “Library 11” most likely would lose their jobs.
Not being full-time employees they could not be given “compensatory time” to make up for the lost hours.
Library Director Sandra Miranda told Ms. Lopez that under the plan to close Sundays, eleven Part-Time workers who staffed Sundays, who would have been terminated are currently paid as follows:
4 librarians from $22.50/hr, from 4-10 hrs/wk each
1 early childhood specialist $25/hr, 17.5 hrs/wk
4 clerks $10.75/hr, from 4-10 hrs/wk each
2 shelvers $8.75/hr, from 7-14 hrs/wk each
Ms. Lopez issued a statement from Ms. Miranda, to WPCNR detailing the other savings Ms. Miranda said would be achieved by closing on Sundays: “closing Sundays now gives 4 hours additional of savings on utilities during each weekend, estimated at $18,000 through June 30.”
Sunday Openings Cost Library $54,000 ($3,167 a Sunday)
WPCNR asked Ms. Lopez earlier this week, what was the cost to the library of keeping the Library open from 1 to 5 P.M. Sundays. Ms. Lopez received this statement from Ms. Miranda which Ms. Lopez shared with WPCNR:
Costs of Sundays openings (17) through end of fiscal year (June 30, 2009): Part-time $21,450 Utilities $18,000 Security $10,000 Other $ 5,000 est Total $54,450
Ms. Lopez said that Ms. Trelstad and her assistant had a good meeting with Paul Wood the Executive Officer at which Ms. Trelstad said the board was going to take into account actual hours of usage across the library’s 7 days of service to see where the $60,000 might be achieved.
In planning for 2009-2010, the citizen should know, as previously reported, the library is not open Sundays from June 1 through August 31, and that there are 17 Sundays from September 1, 2009 through December 31, 2009, and 22 Sundays from January 1, 2010 through June 30, 2010. This makes a grand total of 38 Sundays in 2009-10 at a cost of $120,046 (plus inflation).
The Miranda Decision
Ms. Lopez told WPCNR today that, although the Library Board had originally voted to close Fridays in mid-December(the least trafficked library day of the week), Ms. Miranda believed she could not extend full-time employees hours to 10 hours a day to give them their 40 hour weeks if she closed the library Fridays.
Miranda then moved to close the library Sundays, which her board objects to, according to other news reports. Lopez said that in a meeting between Ms. Miranda, Mr. Wood, City Executive Officer, and Mayor Joseph Delfino and Edward Dunphy, City Corporation Counsel, Mr. Dunphy explained that by the 1993 contract, that the library was indeed able to institute a 10-hour day for full-time employees, enabling closing on Fridays without causing union problems.
At which time, Ms. Lopez said the Mayor told Ms. Miranda it was up to her which day she wanted to close.Lopez stressed to WPCNR the decision to close Sunday was Ms. Miranda’s.
Are Some Part-timers are More Important Than Others?
WPCNR has asked Ms. Lopez why saving the jobs of 11 part-time library employees was more important, than preserving the jobs of the 11 part-time employees fired from the Department of Public Works and the Department of Recreation and Parks as part of the same budget-cutting process.
(In the DPW, persons who are assigned to getting Little League fields ready in the spring will not be hired at the usual time. In the Department of Recreation and Parks at the ice rinkthose who supervised Friday night public skate nights, were let go, and one long-time employee was given a $4,000 pay cut.)
No pay cuts.
To our knowledge no mention has been made of library executives taking pay cuts in the Library budget crunch.
For that matter no city commissioners have been assessed pay cuts in the anticipated budget crunch and will not be, according to previous statements by Paul Wood, City Executive Officer.
Ms. Lopez said the Department of Public Works and Department of Recreation and Parks stuck with their original decisions on part-time employee firings. The Department of Public Works works directly for the mayor, as does Recreation and Parks, but their employees do not have a “Board” to intervene, except for the Recreation Committee which has not taken a position on the part-time exiles.
Ms. Lopez was asked to provide the names of the library’s part-time employees up for possible termination if the Sunday closing held up. WPCNR has asked for four weeks for a list of all the actual terminations, but city hall has yet to provide the names of the part-timers.
How do you get a Part-time Job with the City?
WPCNR also asked Ms. Lopez how part-time employees get their part-time jobs, and how do they learn about them. I asked whether the city personnel department advertises the openings publicly, on the city website, in the Journal News (the official city newspaper, just approved Monday night for another year), in churches, in city department bulletin boards, in institutions (Ys, community centers) so the general public is aware of the availabilities. Ms. Lopez said she would get the answers.
Currently, as previously reported, the library is not open Sundays from June 1 through August 31, and there are 17 Sundays from September 1, 2009 through December 31, 2009, and 22 Sundays from January 1, 2010 through June 30, 2010.
WPCNR PRESS BOX. From Westchester County Board of Legislators. (Edited) January 7, 2009 UPDATED 2:11 P.M. E.S.T.: At its first regular meeting of the new year, the Board of Legislators approved a $1.3 million bond act for the design of a modernized Memorial Field on Sandford Boulevard in the City of Mount Vernon. The project, brought to the Board by County Legislator Lyndon Williams and County Executive Andy Spano, is estimated to ultimately cost $12.7 million. The county has agreed to reimburse the city up to $9.7 million for the design and construction costs to refurbish the historic Mount Vernon sports venue.
The Grandstand at Mount Vernon Memorial Field on Sanford Boulevard in Mount Vernon. The scene is pre-kickoff between the White Plains Tigers and Mount Vernon Knights in 2006.
The improvement plan calls for the demolition of existing structures, grandstands and courts; construction of a state-of-the-art synthetic turf football/soccer field; a natural turf soccer field; grandstands for 4,000 spectators; an all-weather track; a basketball court; new buildings to house a ticket booth, concession stand, bathrooms, press box and locker rooms. All playing surfaces will be illuminated and other site improvements will include new sidewalks and landscaping.
White Plains City School District recently completed two stadium renovations with artificial turf for the cost of $9.2 Million, including the architects’ fees for design.
Andy Spano asked the Board to approve this request under the Legacy Program.
“This is a prime example of what I wanted to accomplish when I originated the Legacy program back in 2001 to preserve open space and build needed recreational facilities. I am delighted that we are finally going to give the people of Mount Vernon the ball field they need and deserve. It has been a long time coming.” said Spano. “I can just imagine the excitement in the eyes of both children and adults as they take the field to play football, soccer, lacrosse, basketball or field hockey on fields that are first rate.”
Williams’ leadership guided the project through the legislature last year.
“Memorial Field has played an important part in our community’s history and has needed this overhaul for quite some time. With this refurbishment, all Mount Vernon residents, from youngsters to seniors, can look forward to enjoying a first-rate, state-of-the-art facility to exercise and showcase their great athletic talents,” said County Legislator Lyndon Williams (D-Mt. Vernon) who, as Mount Vernon’s County Legislator, has made this project a top priority since taking office in January last year.
Both Williams and Spano noted that getting the project to this point involved the cooperative efforts of Mount Vernon city officials as well as county’s parks, planning and public works staff. Williams thanked County’s Executive Spano’s administration and his colleagues on the Board for their steadfast commitment to improving the quality of life for Westchester’s residents through this Legacy project.
Mt. Vernon Mayor Clinton I. Young who served as the City of Mount Vernon’s county legislator for 12 years before being elected Mayor last year, said it was gratifying to see the project finally approved.
“This is a great day for people of all ages in the City of Mount Vernon,” said Young. “I have worked on this project since its inception thirteen years ago and have pushed through every delay. I’d like to thank and commend the county leaders who persevered and worked with me then as county legislator and now as Mayor to make this project, one that will be a jewel for the entire region, finally happen.”
“The entire county can appreciate the tradition of Memorial Field as a great local and regional sports venue,” said County Board Chair Bill Ryan (D-IN-WF, White Plains). “I thank Mr. Williams and Mr. Young for sticking with this project and keeping it on the county’s agenda. Many generations of young people from across the county will benefit from this investment.”
County Legislator Ken Jenkins, Chair of the Government Operations Committee that has oversight responsibility for the county’s Parks and Recreation Department commended the efforts of both city and county officials who managed to finally pull the project together.
“The Board’s approval demonstrates the commitment of the county, through the Legacy Program, to serve the county’s youth by collaborating with local municipalities to improve local park and athletic facilities that would be too expensive for a local municipality to undertake alone,” said Jenkins.
The improvement plan calls for the demolition of existing structures, grandstands and courts; construction of a state-of-the-art synthetic turf football/soccer field; a natural turf soccer field; grandstands for 4,000 spectators; an all-weather track; a basketball court; new buildings to house a ticket booth, concession stand, bathrooms, press box and locker rooms. All playing surfaces will be illuminated and other site improvements will include new sidewalks and landscaping.
Under the agreement between the county and the city, following construction, the city will be responsible for the operation, maintenance, scheduling and security of Memorial Field at its own expense. The facility will be operated by Mount Vernon but will be available for use by all WestchesterCounty residents.
WPCNR AIR NEWS. From National Business Aviation Association, Aircraft Owners Pilots Association. (EDITED) January 7, 2009: In comments made to Transportation Security Administration (TSA) officials Tuesday at Westchester County Airport, National Business Aviation Association (NBAA) President and CEO Ed Bolen articulated industry concerns about the agency’s proposed Large Aircraft Security Program (LASP) and offered a process for improving the final rule on the proposal. The Aircraft Owners Pilots Association echoed Mr. Bolen’s sentiments at the first of six hearings across the country held by the TSA to come in other venues.
A Jet Charter awaits its passengers at Westchester County Airport. Extensive new Transportation Security Administration proposed security measures applicable to private aircraft and aircraft-for-hire as light as 12,500 pounds threaten the airport extensive charter business.
At a public hearing held in a packed room at Westchester County Airport, (attendance estimated at 200 persons), Bolen told TSA representatives their plan fails to recognize the unique needs and challenges of business aviation operations and that left unchanged, the plan would have “unintended and destructive consequences that threaten the well-being of businesses across the U.S. that rely on their airplanes for survival.”
Bolen reminded the TSA of the ongoing commitment to security that the business aviation community has demonstrated. “In the years following the 9/11 attacks,” Bolen said, “The industry20has called for security enhancements, including an Airport Watch program, monitored aircraft transactions, background checks and tamper-proof licenses for pilots. Clearly, when it comes to effective security enhancements, we have led, not followed the government.”
According to Bolen, the security approach outlined in the agency’s LASP proposal – which is in many ways an overlay of airline security measures onto general aviation – would be unduly burdensome without providing a clear security benefit. Bolen noted four major concerns to illustrate his point:
As the title for the proposal states, the TSA infers that its plan applies to large aircraft, when in fact, it would apply to aircraft as small as 12,500 lbs. “The entire cabin of a 12,500-pound airplane – from windshield to back bulkhead – could comfortably fit sideways into the planes used in the 9/11 attacks,” Bolen said. “Make no mistake about it: The ‘large aircraft’ security program will apply to some very small aircraft, and the weight threshold must be substantially changed.”
Typical 12,500-lb Gulfstream Private Aircraft on approach at Westchester County Airport. Some twin engine piston aircraft would also be subject to the new TSA proposals.
2. The proposal contains a list of more than 80 “prohibited items,” some of which may be routinely carried aboard business aircraft because they are central to NBAA Members’ business needs. “Does it really make sense for a company sending a team of employees to fix a problem with one of their assembly lines not to be able to access their tools in flight?D Bolen asked. “Does it really make sense for a sporting goods manufacturer not to be able to access their products in flight, as they try to prepare for a sales presentation?”
3. The TSA’s proposal would require owners of some airplanes to develop procedures to carry a federal air marshal when told to do so by the TSA. “It’s hard to understand why our Members would ever need a law enforcement officer aboard their plane, because the company owns the plane and knows everyone aboard,” Bolen reminded agency officials. “Knowing everything there is to know about who your passenger is changes everything, and the proposal doesn’t seem to recognize that fact.”
4. The proposal would establish a broad requirement that NBAA Members pay for external, third-party audits. “The specifics of the audits are not well-articulated,” Bolen said. “But one thing we do know is that outsourcing security is contrary to our national philosophy for use of federal screeners, and in the development of Secure Flight.”
“In determining a final rule, we believe it is important that we get this right,” Bolen said. “Overly broad or unduly burdensome regulations will needlessly destroy jobs and businesses. There is a better way to approach our shared goal of enhancing security and facilitating operations.
“We need to create an aviation rulemaking committee, which is a consistently proven method for a ddressing controversial proposals for our industry, because it opens up a real dialogue for creating effective, yet workable policies. Business aviation is an important industry, security is an important objective, and we deserve that kind of dialogue.”
From the outset of the hearing , the TSA panel members stated that they were there to listen. Except to answer three very specific questions, they did not respond to participants’ comments.
AOPA Northeast Regional Representative Craig Dotlo told the TSA that AOPA has some significant concerns with the proposed rule: It outsources what should be an inherently governmental function—security oversight; it applies commercial standards to general aviation; and, its weight threshold captures very small aircraft, especially when compared to the aircraft used in the Sept. 11, 2001, terrorist attacks.
TSA hears from law enforcement authority
While AOPA plans to file formal written comments on the proposed rule, the association took advantage of the Jan. 6 public hearing to let the Transportation Security Administration (TSA) hear from a fellow law enforcement authority.
AOPA Northeast Regional Representative Craig Dotlo managed the FBI’s White Plains Field Office and was responsible for reviewing critical infrastructure facilities, including Westchester County Airport and Indian Point Nuclear Power Plant, in the wake of the Sept. 11, 2001, terrorist attacks.
“While the government must take every reasonable precaution to protect the homeland, it is recognized by most experts that it is virtually impossible to protect an open democracy with 10,000 miles of borders against every conceivable attack on bridges, tunnels, airports, nuclear power plants, chemical facilities, dams, and the list goes on,” Dotlo said at the hearing. “The real key to homeland security is a robust, efficacious, and sophisticated intelligence network that can identify prospective terrorist attacks and prevent them from occurring.”
AOPA Rep speaks
As Andy Cebula, AOPA executive vice president of government affairs, noted, “It is absolutely vital that security officials hear directly from GA users, as they did at today’s public hearing. But it is equally important that they hear from people like Craig who are knowledgeable in both aviation and security and regulatory issues.”
“AOPA is concerned with the weight threshold that is used for the basis of the regulations and provisions in the rule that outsource security oversight to a third-party auditor,” Dotlo told the panel. “AOPA does not support the NPRM as currently drafted and requests that TSA reconsider the proposed rules, focusing particularly on whether there are less costly and less intrusive ways of enhancing general aviation security.”
The association is also concerned that the program could be applied to all aircraft and all airports in the future.
Speaker after speaker reiterated AOPA’s main points and NBAA’s call for an aviation rulemaking committee.
Other speaker comments included one person who said the TSA seems to be reversing its earlier posture that there is no one-size-fits-all security solution for general aviation. Another said that the TSA had not yet proven, at least publicly, that a credible terrorist threat exists from corporate aviation. And a third worried that such a large expansion of the fleet under the TSA’s oversight would dilute security resources.
“Whether it’s through an aviation rulemaking committee or some other mechanism, AOPA remains committed to working with the TSA to enhance general aviation security in the way that is least burdensome to our members,” said Craig Spence, AOPA vice president of aviation security. “AOPA will attend all of the remaining public meetings and will file more extensive written comments. We urge members to consider doing the same. You can check the AOPA member action center for more information on filing formal comments.”
