WHITE PLAINS CITIZENETREPORTER 3,374,995 VISITS IN ONE YEAR—65,000 VISITS A WEEK BY 985,281 VISITORS

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WPCNR ALBANY ROUNDS. From the Commission on Property Tax Relief. December 2, 2008: Governor David A. Paterson Monday accepted the final report of the Commission on Property Tax Relief. The Commission’s report contains dozens of measures that would reduce costs for local school districts and provide relief to New York’s taxpayers, who are burdened with the highest local taxes in the nation. The report was presented to Governor Paterson by Commission Chairman and Nassau County Executive Thomas R. Suozzi and the members of the Commission.

The report contains 32 recommendations, including a property tax cap and several additional proposals designed to rein in school districts’ costs, therefore addressing the root causes of high property taxes. Included in those recommendations are consolidation measures, mandate relief, mayoral control of school districts in the “Big Four” cities, and a STAR “circuit breaker.”

Governor David L. Patterson.

Commission Chairman Suozzi said: “Governor Paterson has shown extraordinary leadership on behalf of the taxpayers of our State, especially during this time of fiscal crisis. The Governor is a champion of property tax relief on the statewide level and introduced property tax cap legislation in June. Since then, the economy has worsened and the Governor has fought tirelessly to rein in the State’s budget. Throughout the State, school officials testified to the Commission that they do not want to raise taxes above the capped amount, but to succeed they must have mandate relief. Now, in this report, we bring the property tax cap together with mandate relief to empower school districts to reduce costs in these harsh economic times.”

The Commission’s 32 recommendations fall into the following categories:

– Implementation of a property tax cap.
– Reduce the burden of excessive mandates: No new legislative or regulatory mandates without a complete accounting of the fiscal impact on local governments.
– Decrease school district personnel costs: Reduce the primary expense driver for school districts.
– Limit other school district operational costs: Includes consolidation of school districts with fewer than 1,000 students, consolidation of non-instructional services through BOCES, and granting mayoral control of school districts in the “Big Four” cities.
– Improve special education: Recommended in the testimony of many school representatives as an area where mandates and costs could be reduced while student opportunities are improved.
– Encourage efficient delivery of social services to students in schools.
– Address other equity concerns for property taxpayers: Includes establishment of statewide property assessment standards.

The Commission also recommends that a STAR “circuit breaker” be enacted, but only in conjunction with, or following implementation of, a property tax cap. The STAR circuit breaker would provide targeted relief to individual taxpayers based on income and ability to pay. An income tax credit would be provided for a percentage of property taxes paid when the taxes exceed a percentage of the owner’s income. The Commission believes that it would be unwise for the State to adopt a circuit breaker without addressing the core problem – the overall growth of property taxes – with a property tax cap.

In June, Governor Paterson introduced legislation to address the unsustainable growth in school property taxes by enacting a property tax cap. The Governor’s proposal would cap the growth of school property tax levies at 4 percent or 120 percent of the Consumer Price Index, whichever is less. The proposed cap is set at a level that allows for reasonable growth of school expenses, while allowing for growth of the tax base and protecting capital expenditures already approved by voters.

The property tax cap would put voters in control of their school spending. Voters could choose to spend more than the cap by “overriding” the cap at the ballot box. A vote by at least 55 percent of the voters would be required to override the cap. If a school district has received a 5 percent or greater increase in State aid, 60 percent of the voters would be required to override the cap.

Alternatively, if voters decide to spend less, they could enact an “underride” of the cap. As an incentive to save tax capacity for future years, in school districts where the maximum levy growth permitted under the cap is not used in a given year, the unused portion would be “banked” and may be used in any future year to increase the levy by up to 1.5 percent.

New York State has the highest local taxes in the nation – 78 percent above the national average, with property tax levies rising at more than twice the rate of inflation and salary growth. Outside of New York City, property taxes account for 75 percent of the local tax burden, and eight of the top ten counties with the highest tax rates in the nation are in Upstate New York – Niagara, Monroe, Chautauqua, Wayne, Oswego, Onondaga, Erie and Steuben Counties. At the same time, Westchester, Nassau and Rockland Counties are in the nation’s top ten in terms of household taxes.

Dr. Shirley Strum Kenny, President of Stony Brook University and Member of the Commission, said: “As a resident of Long Island, I’ve seen first-hand the impact of tremendously high property taxes on our families and communities. I’ve been honored to serve on the Governor’s Commission on behalf of property taxpayers, and I am hopeful that our work will bring about the relief that is so desperately needed throughout our State.”

Nicholas Pirro, former Onondaga County Executive and Member of the Commission, said: “Thanks to the months of research the Commission staff undertook, and the testimony we received at fourteen hearings and in writing, this report represents a comprehensive plan to help taxpayers and school districts save money, while at the same time putting more dollars in classrooms. I am hopeful that, as the recommendations are enacted, our education environment and regulatory structure will be streamlined and the focus will be stronger on what matters most – our children.”

Michael Solomon, a municipal finance expert with Merrill Lynch and Member of the Commission, said: “The Commission’s report gives us a strategy for immediate and long term solutions to the unsustainably high property taxes paid by New Yorkers while providing our children with the highest quality education. Business as usual is no longer a viable option; something has to be done to bring the cost of funding education in line with today’s economic realities.”

Merryl Tisch, Vice-Chancellor of the Board of Regents and Member of the Commission, said: “In my work with the Board of Regents, I have long been interested in identifying opportunities for school districts to control costs while providing excellent educational opportunities for students. The proposals in this report, including mandate relief and strengthening BOCES, move this crucial discussion forward at a time when it could not be more important for our students and taxpayers, alike.”

Paul Tokasz, former Majority Leader of the New York State Assembly and Member of the Commission, said: “From the beginning, it has been this Commission’s intention to balance the need for property tax relief with the assurance for all students to receive a quality education. This report offers that roadmap, and I encourage the Governor and my former colleagues in the Legislature to use the current economic situation as an opportunity for meaningful change.”

Governor Paterson added: “I want to thank Chairman Tom Suozzi, Executive Director Cassie Prugh and all of the Commission Members and Special Advisors for their tireless efforts. In just ten months they have investigated the extremely complex root causes of New York’s high property tax burden, heard testimony from countless individuals, and made sense of an extremely complex system. I commend them for an excellent report that will pave the way for desperately needed relief for our property taxpayers. ”

Background on the Commission

The Commission on Property Tax Relief was established by Executive Order No. 22 in January 2008 to investigate and make recommendations regarding:

– Root causes of the high property tax burden, including unfunded mandates and local expenditures;
– Impacts of increased state aid and existing property tax relief programs;
– Effectiveness of property tax caps in other states and, potentially, in New York; and
– The most effective means to impose a limit on school property tax growth without adversely impacting the ability of school districts to provide a quality education to all students.

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WPCNR THE SEWER REPORT. By John F. Bailey. December 1, 2008 A meeting of the County Board of Legislators Environment Committee scheduled to discuss the $234.7 Million Department of Environmental Conservation mandated corrections to the Mamaroneck and New Rochelle sewage treatment plants  (first reported by WPCNR one week ago) — estimated to be paid for exclusively by the White Plains (Mamaroneck Valley), Blind Brook, New Rochelle and Port Chester sewer districts was held Monday.

County Legislators Martin Rogowsky, left, Environment Committee Chair Tom Abinanti (center) and Michael Kaplowitz, right, at the moment  Monday afternoon, when they declared the committee would not discuss the $234.7 M Sewer plant upgrade legislation until Legislator James Maisano (from New Rochelle) could be present.

However, the committee, (with media present  which had been invited by Mr. Abinanti, expectantly waiting for the discussion of the largest capital project ever undertaken by the county), postponed discussion of the issue until after the public hearing on the legislation December 8.  The exact time of discussion was not set.

Chairman Thomas Abinanti said that County Legislator Jim Maisano of New Rochelle wanted to be at the discussion but had a doctor’s appointment, Abinanti said, that Maisano had “scheduled for months,” and chose to keep, so out of respect for Mr. Maisano’s conflict, they postponed the meeting.  County Attorney Charlene Indelicato said she had some information that discussed legal issues involving whether a public hearing could be held before the committee reported out the bill.

Abinanti  told WPCNR, “we’re going to approve this.” The county has signed an agreement with the DEC to execute $234.7 Million of repairs to the Mamaroneck and New Rochelle treatment plants  that consist of adding a third treatment system to remove enough nitrogen from sewer water to comply with DEC standards when the treated water enters Long Island Sound.

There has been no public discussion of the bill which commits the county to the $234.7 Million of repairs. The repairs add an additional treatment of county effluent to the two plants, leaving Port Chester and Blind Brook plants as they are, but reportedly lowering the nitrogen levels to the DEC-mandated levels.

The committee did however discuss for 55 minutes, a $300,000 expenditure to conduct a study of removing trees from spillways and banks of two earthern dams the county owns, to comply with  another DEC directive. That expenditure has to be added to the County 2009 budget, while the $234.7 Million does not — that is planned to come directly out of the pockets of taxpayers in the Mamaroneck Valley, Blind Brook, New Rochelle and Port Chester Sewer Districts. WPCNR is checking on the figures in the legislation as to whether they are the latest estimates.

Senator Charles Schumer, as exclusively reported by WPCNR one week ago, has divulged that the county is seeking to have the project funded as part of stimulus package (dubbed “rescue package” by the Obama transition team) of the Obama administration. Schumer described the sewer mandate as a project that the stimulus program could be used for.

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. December 1, 2008 UPDATED 2:00 A.M. E.S.T. December 2: Councilman Tom Roach Monday evening addressed the Common Council and a citywide live television audience, reporting he has undergone radiation treatment at White Plains Hospital Center Dickstein Center for a rare disease, Nasal Pharynx cancer the last three months. 

Councilman Tom Roach sharing good news with the city on television Monday night, (taken from the Council Chamber television monitor)

He said the treatment (completed in mid-October)  has been announced a success by his medical team and he has no more signs of the disease at this time. He thanked White Plains citizens for their understanding, his wife for her understanding and support, and had effusive praise for the doctors at White Plains Hospital who treated him. He said he first became aware of the problem due to hearing problems and swallowing difficulties. The  presence of  the disease was detected by MRI in August.  He said he would continue to serve on the Common Council as long as the city wished him to serve. 

In scheduled action, the Council surprised observers by untabling the controversial Ritz Carlton “rock” on the traffic island on Renaissance Square, and referring the LC Main request for licensing and lease of the space out to Commissioners. They also approved completing a financial package for the White Plains Kensington developer granting $1 Million in tax relief, at a cost of $287,000 to the city.

Susan Habel, Commissioner of Planning, said that White Plains Kensington had received verbal approval from the Housing and Urban Development in Washington, on HUD’s willingness to back any construction loan on the $32 Million project.  The effect is that HUD has agreed to insure the loan and guarantee repayment should the project for some unforeseen reason, White Plains Kensington default on the financing.

$2,225,554 revenue prior to construction.

In her remarks Ms. Habel noted that the Urban Renewal Agency will receive $2.4 million for the land from Kensington, of which $2 million will be used for to pay off 1/2 of the bond for purchasing the land on which the Longview Garage was built. White Plains, according to the Financial Analysis will receive $68,600 in property taxes, the city school district, $233,450 and the county $47,950. The annual estimated revenue to the city of White Plains is $102,323 and the School District, $233,450.

The statement also notes Kensington will pay $225,000 in Building Permits and other City Charges, esitmating total net revenue to the city prior to construction of $2,225,554.

The revised financil analysis was prepared at the request of Councilperson Rita Malmud.

Financing to come.

Harley Cook of White Plains Kensington, in the Council Chamber audience, told WPCNR that his financing was not in place yet and that Capmark, the firm that is going to offer the project to the finance market had not offered it yet. Cook said it could be offered as soon as written approval is received from HUD. Asked by WPCNR if the approval would be issued by the HUD office now operating in the Bush Administration, or if it had to wait until the President-Elect Obama Administration assumes office, Cook said that was a good question, and said he expected it sometime in January.

Ritz Rock is Off the Island into Commissioners’ laps

In a surprise, Council President Benjamin Boykin introduced a motion to untable the request from LC Main LLC, to consider either a license or lease with the City of White Plains on the traffic island at the intersection of Main Street and Renaissance Square. The request for referral has been “tabled” for about eight months, the length of time Judge Susan Cacace in the New York Supreme Count has been considering the city legal action asking the stone Ritz-Carlton sign be removed from the island.  LC Main LLC challenged the city effort to remove the Ritz Rock (a granite slab with the words “Ritz-Carlton” on it, situation on the traffic island in the middle of Renaissance Square), in its suit, claiming the city showed “abuse of discretion.”

The Ritz Rock, May 2008 — Seen in middle of Renaissance Square

Paul Wood,City Executive Officer, asked to speculate on why the council suddenly untabled the motion, said I’d have to ask the Council. Glen Hockley, a Councilman, said the council feels that the city was not likely to prevail in the court, and had moved to consider the matter. WPCNR asked Mr. Wood if this was the start of revised legal strategy on the part of the council or the city. Wood said, “could be, you’d have to ask them.”

Council Goes Greyhound

The council as part of the Consent Agenda approved a four year contract leasing the Transcenter long distance bus station to Greyhound Lines for a total fee of $12,283.56 a year ($1,023.63 a month), in the first year $12,774.90 the second year, $13,285 in year three and $13.816.40 in year four.

Mamroneck Avenue (South of Maple)Opens to Professionals.

The council approved professional offices of professional persons in the BR-1 and BR-2 district on both sides of Mamaroneck Avenue from Maple Avenue to the junction with Bloomindale Road. Commissioner of Planning Susan Habel assured the council that there would be no increase in the amount of parking spaces required by the city on the properties along both sides of the avenue on that stretch of road. Ms. Habel said that the change would enable greater flexibility in the tenants and owners of those properties to rent their space, and that one of the reasons the legislation was proposed was the availability of lot parking behind the properties on both sides of the street.

  She also said that increase in rental fees in the Central Business District had driven architects, accountants, and similar professionals out of the downtown and this legislation was an attempt to reverse this trend by giving these professional persons other options.

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WPCNR WASHINGTON REPORT. From the Office of Senator Hillary Clinton. November 29, 2008: Senator Hillary Rodham Clinton issued this statement in the aftermath of the Mumbai attacks today:

“My thoughts and prayers are with the victims and families touched by these acts of terror in Mumbai. We still do not know the full measure of this tragedy, which has taken the lives of Indian citizens, Americans, and others who had traveled to Mumbai from around the world. Two New Yorkers, Rabbi Gavriel Holtzberg and Rivka Holtzberg of Brooklyn are among those who have died, leaving behind their young son. The young couple had traveled from Brooklyn to manage a small Chabad house, welcoming Jews from India and elsewhere to learn, pray, and serve the community.

There could be no sharper a reminder, nor a more poignant call to action, than the brutal and heinous violence visited upon the Nariman House and the Holtzberg family, living and working in Mumbai on a mission of peace, scholarship, and spiritual guidance.

As those responsible are brought to justice, as we aid and support the victims and their families, as we work to defeat radical extremism and the terror it spawns, let us find strength in knowing that in the face of those who seek to take lives, there are those who seek to give hope and comfort. In the face of those who wish only to destroy, there are individuals like Rabbi Gavriel Holtzberg and Rivka Holtzberg who travel great distances far from their homes to build a better world.”

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WPCNR SPORTS. November 27, 2008: Stepinac High won its third straight Turkey Bowl, behind Maurice Easterling’s three TDs before 5,000 plus fans at Loucks Field. After a  75 yard pass play James Bryant to James Briggs enabled White Plains  to close to within a 17-14 deficit in the third quarter, Caleb Gilligan-Evans’ 45 yard run set up Easterling to score the fourth TD for Stepinac to cut short the Tiger rally, giving the Crusaders a 23-14 lead at the close of the Thired Quarter. Joseph Telesco scored the final Stepinac TD with 1:30 to go in the game, for the final margin of 29-14.  It was the third consecutive Stepinac victory in traditional Thanksgiving Game.

Loucks Field at kickoff, Thanksgiving Morning.