WHITE PLAINS CITIZENETREPORTER SETS RECORD VISITS FOR YEAR 7,017,658 VISITS! 2,098,003 VISITORS MADE 6 VISITS A DAY EVERY DAY. 63,330 UNIQUE VISITORS MADE 133,730 VISITS IN DECEMBER. WPCNR AVERAGED 17,284 VISITORS A WEEK, VISITING 31,270 TIMES.

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WPCNR POLICE GAZETTE. By John F. Bailey. October28,2009: Five members of the Common Council heard Dr. Frank Straub, Commissioner of Public Safety praise the overtime reductions and budget savings achieved by new 12-hour police patrol schedules and 24-hour firefighter work schedules in effect the last nine months Tuesday evening.

 

Commissioner of Public Safety, Dr. Frank Straub, making the case for retaining the 12-24 Work Schedules last night at the Common Council Work Session, called by Councilman Dennis Power, at left.

 

Councilpersons Benjamin Boykin, Milagros Lecouna, Rita Malmud, Tom Roach, Dennis Power then told the Mayor the schedule needed to be continued in experimental mode for at least another year much to the vocal disgust of over 100 police and fire fighter personnel filling the Common Council chamber last night.

 

Over 100 firefighters and police, predominantly firefighters, filled Council Chamber and rotunda hall.

 

Mayor will not direct Straub to terminate the new work shifts.

 

Mayor Joseph Delfino after hearing Councilpersons Benjamin Boykin, Rita Malmud, Tom Roach, Dennis Power and Milagros Lecouna ask for an extension of “continued” experimental status 12 and 24 hours schedules, said firmly he, the Mayor “would not direct”Commissioner Straub to return the department to the previous 8-hour schedules beginning January 1, which caused the throng of  police and firefighters to burst into thunderous applause and cheers.

 

“We all entered this (agreement) in good faith. Good faith is to accept this for what it is if everybody’s happy. Isn’t it a shame that everybody’s happy,” the Mayor said.

 

The Mayor then left his chair and strode out from behind the balustrade separating the Council “horseshoe” from the audience and left the chamber to the accolade. The council appeared stunned.

 

Asked if the council would pass a resolution putting their wishes in writing,as he made his way out from behind the ballustrade,  Councilman Benjamin Boykin told WPCNR “that needs to be addressed,” without committing on what any further council action they might take to terminate the experimental work schedule.

 

 

Commissioner Frank Straub outlining his responsibility on terminating the work shift experiment.

 

 

Friday Deadline.

 

The City needs to inform the unions 60 days  (November 3)  before the “experimental” expires January 2 whether it will terminate the rules and return to the old schedule, otherwise  Straub told the Council the new work rules automatically become part of the labor agreement. Straub said this had been confirmed by city labor negotiator, Richard Zuckerman and Corporation Counsel Edward Dunphy. Straub said he did not have authority to negotiate with the union for an agreement extending the experimental status.

 

Dunphy: No Comment.

 

City Corporation Counsel Edward Dunphy, was asked by WPCNR if the Council could legally bypass the Mayor and pass a resolution terminating the new work rules, said “No comment,” refusing to clarify the charter protocols.

 

Binding Arbitration Hearings Complete: Agreement after the 6th

 

WPCNR also learned from the head of the Police Benevolent Association, Jim Carrier, that binding arbitration hearings underway for approximately five weeks have been completed, and final briefs go to the arbitrator November 6, with a decision on the amount of wage settlement under dispute expected some time after that date. Carrier told WPCNR before the meeting he did not expect the work rules dispute to affect the procedures.

 

Union: Council Meddling.

 

In a news release distributed to the media, the White Plains Firefighters Association characterized the Council action tonight as “improper meddling in areas of collective bargaining where the Council has no jurisdiction or legal authority. It is an attempt by the Council to browbeat the Commissioner into extending the experimental basis of our work chart without justification in order to gain leverage for the new Mayor in subsequent negotiations with the PFFA.”

 

Council’s Next Move Uncertain.

 

Benjamin Boykin and Dennis Power told WPCNR in the parking lot behind city hall after the session was over, it was their opinion that the consensus “super majority” expressed in the work session in public had authority to compel Dr. Straub to terminate the agreement. Boykin, Malmud, Roach and Lecouna expressed the position during the public session that the first nine months of results from the new Work Schedules were very positive, but needed to be observed for a longer period of time for locking in the work schedule. They did not say how long the “experimental” period should last.

 

Boykin told WPCNR in the parking lot that the experience of the city of Los Angeles which put 12 and 24 hour shifts into effect in 2005 has had a negative experience with the shifts over time, which was why the council felt it needed to be continued on an experimental basis.

 

Statistics Demonstrate System Savings.

 

Straub shared statistics on the new  12 & 24 Hour Schedules that showed in his opinion the new schedules over the first 9 months, were “operationally and fiscally responsible,” saying on the Police side, serious crimes were down 7.4%, Traffic summons issued were up 4.4%, Auto Accidents down 9.6%, Traffic Fines up 20.3%, Responses up 12.8%, EMS responses up 20.8%. On the fire side, Fire Inspections were up 18.3%, response time remained at 4-1/2 minutes for both divisions of Police and Fire.

 

Straub provided statistical reports to the Common Council, noting to the gathering that the Department had its Firefighter Budget for Overtime cut 29% ($99,900) for 2009 down to $257,000 from 2008’s $357,000. Police Overtime Budget cut $306,600 to $452,000 a total budget cut of 40%—down $333,613 from the 2008 police overtime budget of $759,000

 

Despite having the budget for police and fire overtime cut $405,000, Straub said the new work schedules have reduced overtime costs well within the budget.

 

Overtime down 54% in Fire, 43% in Police Divisions.

 

He said that so far in the first three quarters of  2009,  the fire division has spent  $160,468 in overtime compared to $296,181 in OT in 2008, a saving of 54%.

 

In the Police Division, Straub said, the overtime savings were even greater. From January through September 30, $340,210 has been spent compared to $602,802 in 2008, a $252,072 saving, WPCNR notes of 43%

 

Straub reported that the new  24 hour firefighter shifts had reduced sick days 61%, with firefighters totaling 2,187 less sick days, reducing sick days in 2009  from5,618 to 3,431.

 

On the Police Side, the 12-hour patrol shift, Straub reported  the police have spent $252,072 less in overtime reducing overtime hours 20% from 3,921 hours to 3,410(411 hours).

 

Roach Impressed but Wants Wait and See

 

Asked by Councilman Tom Roach what he attributed the savings in firemen sick time to, Straub said, “The 24 hour Schedule.” (This response brought loud cheers and applause from the assembled professionals.)Asked again by Roach to explain why sick leave was down Straub said there was perhaps more time inbetween shifts for fatigue and stress and health to improve, but did not pinpoint any specific factor.

 

WPCNR asked Jim Carrier, Head of the Police Benevolent Association, afterwards why sick time wasn’t down more. He did not have an answer. Asked if his union would initiate a public relations education program within the two unions to cut down sick leave further, and promote the advantages  he said he was willing to look at it.

 

Straub said the schedule had met expectations and “I do not know why I am here.”

Hockley: It’s Bradley.

Councilman Glen Hockley in remarks, accused his five other Common Council colleagues of being “puppeteered by Mr. Bradley.” (Adam Bradley is Mr. Hockley’s opponent in the Mayoral election next week, if Mr. Hockley achieves relief from the State Court of Appeals.Mr. Hockley filed a brief in Albany Tuesday with the Court of Appeals asking them to review the Second Department Appellate Court decision to remove Mr. Hockley from the Mayoral ballot.)

Hockley in closing remarks accused the Council of deliberately delaying the process. Paul Schwarz, a Democratic city committee leader observing the hour and a half meeting  was appalled at Hockley’s statements, saying, “he is poisoning the waters (with the unions) for the new Mayor.”

Straub Thanks Council

Commissioner Straub in opening his remarks told the council how it had been an honor to serve the city and the Council the last seven years and complimented his fire and police departments as being the finest in the state and the country, noting the department is consulted frequently and asked to attend international police conferences to discuss their operations as models for other departments. Straub noted he recently consulted with the San Jose Police Department for example, and was friends with William Bradley the head of the Los Angeles Police Department.

 

The Council Calls the Meeting.

 

The meeting was called by Councilman Dennis Power by a letter Power sent to the Mayor last Thursday, because Power said the council noted that according to the agreement the Council approved last January, the Commissioner of Public Safety had to notify the union prior to 60 days before the expiration of the experimental work shift trial (November 2) if he was going to terminate the work shift arrangement.

 

 

Power (right) said the Council had had no reports on the effects of the program as of last week, and said in starting the proceedings the council was grateful to receive the statistics the Commissioner had just handed out. Power, in his remarks, as did Roach Malmud, Boykin and Lecouna(left, above) said the 9-month performance was a good, positive start, but the city needed more time to evaluate its performance. All five opposing automatic extension of the shifts, emphasized they wanted to continue its status as “experimental,” to have more months of performance to evaluate it.

 

Commissioner Straub was asked by WPCNR if the department would have difficulty installing the former 8 hour schedules by January if they had to do so. He said it would be difficult, but the Department would do it if they had to. “It’s our job,” he said.

 

Asked if he had been told he would not be rehired as Commissioner in a possible new Adam Bradley administration, Straub said “No comment.”

 

Asked if was seeking another position possibly with the City of Los Angeles Police Department or San Jose or elsewhere, Straub said, “No comment.”

 

Official Copies  of the statistics were not provided on the scene to WPCNR on the scene. by the Commissioner as of yet, but Deputy Commissioner of Public Safety, Daniel Jackson said he would be forwarding them to WPCNR. If there are any errors in the verbal transcriptions, WPCNR will correct them.

 

Firefighters ascending the rotunda staircase prior to meeting start.

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WPCNR CAMPAIGN 2009. From the Westchester County Association. October 24,2009: Citing vagueness and lack of specificity in responding to questions about issues impacting the business community, the leadership of the Westchester County Association (WCA) made public Wednesday evening the responses to a questionnaire that the WCA had distributed to the candidates for county executive and county legislator.

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WPCNR MAIN STREET JOURNAL. October 22, 2009: In an article comparing cost of living among U.S.cities and the world, Forbes magazine has determined that White Plains has moved on up in cost of living rankings. Forbes ranks White Plains Number 3 most expensive city to live in in the country behind New York and Los Angeles.

Since 2008, the magazine says, based on a sampling of the costs of 200 items, White Plains has risen from 89th most expensive city to live to 31st worldwide. The magazine notes:

Indeed, as unemployment grows and property values fall, it is becoming harder to make ends meet across the country. All 10 cities (Washington,D.C., Houston, Boston, Chicago, Miami, Honolulu, San Francisco, White Plains, Los Angeles, and New York), measured jumped in Mercer’s worldwide rankings. Out of 253 major metropolises around the world surveyed, New York this year ranked 8, up from 22; Los Angeles ranked 23, up 27 places from 2008. The top five most expensive U.S cities also saw their worldwide ranks surge: White Plains, a destination for expats, jumped from 89 to 31; San Francisco from 78 to 34; and Honolulu from 77 to 41.

To read  the Forbes report, go to:

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WPCNR COUNTY CLARION-LEDGER. From the New York Association of Community  and Residential Agencies. October 21,2009: WPCNR has obtained an analysis of Governor David Paterson’s proposed across-the-board Budget Reduction Plan, from the New York Association of Community and Residential Agencies. The organization notes the governor is demanding a 10% cut in state funding for the next 5 months of the fiscal year that will directly impact the care of the disabled.

Here is a copy of that report:

The Governor’s proposed cuts will have very serious consequences for Richmond and all the organizations serving people with developmental disabilities.  Below is the action alert from our provider organization, NYSACRA (New York State Association of Community and Residential Agencies).

 Please reach out to your elected officials and please forward this email to friends and family with an introduction asking them to also make calls.  We need everyone’s help.

 Governor’s Budget Cuts Will Yield Painful and Devastating Systems Failure – Contact Your State Legislators

  Last week, Governor Paterson unveiled a Deficit Reduction Plan (DRP) to address the $3 billion current year (2009-10) budget deficit. The DRP includes 10% across-the board spending reductions for all state agencies. This translates into deep local assistance cuts which will adversely impact all human services agencies if enacted. The Governor has proposed a $65.4 million cut specific to OMRDD which would have a dramatic, negative impact on the developmental disabilities service delivery system. It is important to note that this cut is a mid-year budget cut (effecting the remaining 5 months of the State fiscal year), State share only, and in real figures when annualized totals approximately $375 million.

 To underscore the immediate critical nature of the budget crisis, the State Legislature has scheduled a series of public hearings to seek the impact of the Governor’s proposed DRP. NYSACRA will submit testimony to the State Assembly and State Senate as to the devastating effect these proposed cuts will have if enacted. In the meantime, it is important that State Legislators hear from you, parents, family members and individuals with disabilities as to the negative impact which severe cuts to developmental disability supports and services will have on the system.

 We expect the State Legislature to be back in Albany on Tuesday, October 27th for Extraordinary Session and purportedly to act on a budget reduction plan. Therefore, it is imperative that we commence this important advocacy movement through phone calls to State Legislators’ Offices for the remainder of this week. We urge you to reach out to your Board, staff, family members, friends and others in your community to contact their State Legislative Representatives as well.

Please contact your State Assemblymember(s) and State Senator with the following message:

 We understand and appreciate our state’s current fiscal crisis, but the Governor’s proposed cuts to developmental disability services will:

 •Devastate the OMRDD (Office of Mental Retardation & Developmental Disabilities) service delivery system

•Compromise the quality of care delivered to individuals with developmental disabilities

•Shut down critical programs in your Legislative District which serve your constituency

•Create job loss for direct support professionals and other key members of the workforce in our field

•Negatively impact local economies which are already suffering

•Result in loss of federal Medicaid funding as well as loss of revenue to the State

Please visit NYSACRA’s Action & Education Center on the NYSACRA’s website (www.nysacra.org) to obtain contact information for your State Senator and State Assemblymember(s) log on to the Assembly’s website at www.assembly.state.ny.us or the Senate website at www.senate.state.ny.us

NYSACRA continues to collaborate with our statewide association partners and other stakeholders to share information, jointly advocate against proposed State Budget cuts and to protect individuals with developmental disabilities in our State. We will keep you posted as to developments.

 

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WPCNR CITY HALL CIRCUIT. October 20, 2009: The New York State Authority Budget Office (ABO) has issued a report of its review of the White Plains Urban RenewalAgency (URA) dated September 21, 2009. It found that the URA has not been in compliance with filing and other (state) requirements. According to the report, the URA has agreed to complywith the ABO’s requirements and to review its staffing arrangement to assess “its appropriateness.”

Here is the text of that report, obtained from the ABO website:

The Authority Budget Office (ABO) is authorized by Section 27 of Chapter 766 of the Laws of 2005 (The Public Authorities Accountability Act) to review and analyze the operations, practices and reports of public authorities, and to assess compliance with various provisions of Public Authorities Law and other relevant State statutes. This includes rendering conclusions and opinions regarding the performance of public authorities and to assist these authorities improve management practices and the procedures by which their activities and financial practices are disclosed to the public.

The Authority Budget Office (ABO) is conducting a series of compliance reviews of public authorities that have not filed required reports with the State for 2007 and 2008. The White Plains Urban Renewal Agency (URA) was chosen for this review because it has not filed its Budget, Annual, Audit, Procurement, or Investment Reports.

The purpose of this review was to determine why the URA is delinquent with its reports. We also reviewed its structure and operations to determine whether the URA acts in other ways to promote accountability and transparency in the absence of filing its reports.

Background of Agency

The URA was authorized by Title 14, Article 15-B of General Municipal Law. The URA is comprised of a five member board including the Mayor and four other members appointed by the Mayor. As a public benefit corporation, the URA is a governmental agency separate and distinct from the City. We found, however, that the URA operates as an extension of City government and is treated as a component unit of the City. The City’s Commissioner and Deputy Commissioner of Planning, Commissioner of Finance and the Corporation Counsel manage and administer the URA’s programs. The City provides office space and supplies to the URA, and deposits URA funds in the City’s accounts, since the URA does not have a separate bank account. As of June 30, 2009 the URA had over $195,000 in available funds, and had received approximately $86,000 in revenue for the year. The URA has an annual operating budget of approximately $70,000 which is used to reimburse the City for staff salaries and other costs, and to pay County refuse and sewer district fees on all of the properties it owns. 2

The URA is an active participant in the City’s redevelopment projects. It has prepared six urban renewal plans encompassing various projects throughout the City that are aligned with the goals of the City’s Comprehensive Plan. The URA received federal and State grants to fund major downtown revitalization projects as part of the plans, and these grant funds are earmarked for projects as approved by the URA Board. The URA uses these funds to acquire property associated with these projects, with the expectation of recovering its costs when the property is sold. The URA currently owns ten properties, three of which are parking lots that generate revenue. The URA issued $4 million in bonds to acquire four of its other properties. This debt is backed by the City. The URA intends to retire the debt by the end of 2009 using proceeds from the sale of the properties.

Failure to Submit Reports

We met with the City’s Commissioner of Planning, who also serves as the Executive Director of the URA. Although the ABO had previously notified the Executive Director that the URA was subject to the Public Authorities Accountability Act, continued to provide regular notice that the URA was required to file statutorily required reports, and notified the URA that its reports were delinquent, the Executive Director claimed that she was unaware of the reporting requirements of the Act, and believed that the URA had satisfied its reporting obligations to the State by including the URA’s financial information in the City’s annual report to the Office of the State Comptroller. The Commissioner indicated that the URA’s reports will be submitted in the Public Authorities Reporting Information System (PARIS), beginning with the June 30, 2009 reporting year. We note that the URA enrolled in PARIS subsequent to our review and is in the process of entering data in PARIS as of the date of this report.

Accountability and Transparency Actions

We found that the URA appears to have appropriate procedures in place for the administration of its urban renewal plans. The URA has adopted by-laws and the meetings of the URA Board are open to the public, with meeting notices published and minutes recorded. Further, the URA engages in a public comment period for each of its urban renewal plans, and utilizes the public input to develop, adjust and carry out these plans. The Board adopts annual budgets for each of its projects as well as for URA operations, and reviews quarterly financial reports regarding the progress of ongoing urban renewal projects.

However, we found that the URA needs to improve the accountability and transparency of its operations as a public authority. The URA would be more accountable and transparent if it used its public web site to make information on its operations and finances readily available to the public. Since our review the URA has taken steps towards increasing transparency by posting detailed 3

information about its ongoing urban renewal plans, operating budget and most recent Board meeting agendas and minutes on its public web site.

The URA holds title to three parking lots which are maintained and operated by the City. The URA receives approximately $38,000 in annual revenue from these lots. We found however, that the URA has written agreements documenting this financial arrangement for only two of the three lots, and both of these are outdated. The agreements were established over 15 years ago and were with the White Plains Parking Authority, which has been dissolved since 2004. As a result of our review, the URA indicated that it will prepare new lease agreements for all three parking lots.

The URA also owns the land beneath the White Plains City Center municipal parking garage. The URA does not earn any revenues from the operations of the garage but is required to pay the County refuse and sewer district fees for this property. We believe that the URA should enter a formal agreement with the parking garage tenants to at least recover these fees.

Of more significance, at the time of our review the URA had 12 employees on its payroll, none of whom are assigned to work for the URA. Staff positions are approved by the URA Board which allows the City to avoid civil service hiring policies and procedures. These employees all work for the City’s Planning Department, administering the City’s Community Development Block Grants and low-income housing assistance (Section 8) funds. The City transfers a portion of the grant funds to the URA payroll account which is administered by the City.

We are concerned that this staffing arrangement is inconsistent with a legal opinion issued in 1978 by the Office of the State Comptroller (78-294-A). This opinion held that employees of an urban renewal agency may not be utilized to perform work for municipal departments, even if those services are reimbursed by the municipality. Based on the ABO’s understanding, this opinion would prohibit URA staff from performing work related to the City’s community development and Section 8 programs. The URA indicated that this matter has been referred to the City’s Corporation Counsel to assess the appropriateness of this arrangement, in light of the State Comptroller’s opinion