Comptroller Expresses Alarm at Plunging State Revenues

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WPCNR ALBANY ROUNDS. From the Office of the New York State Comptroller. October 16, 2009 (EDITED): New York State Comptroller Thomas P. DiNapoli said the state faces a growing cash deficit in its current budget as monthly revenue collections for the State of New York last month again fell short of projections, according to the September Cash Report . DiNapoli said the current deficit could reach $4.1 billion if present trends continue without action. DiNapoli warned that the State may need to borrow from the Short Term Investment Pool (STIP) sooner than expected to meet its General Fund cash flow needs.


DiNapoli’s September Cash Report indicates total General Fund tax revenue was $18.1 billion, $634.5 million below projections for the first half of the year and $3.6 billion less than the same period last year, primarily due to weak Personal Income Tax collections. While the General Fund ended the first half of the year $710 million over Financial Plan projections, that difference is primarily attributable to the timing of certain payments.


DiNapoli said that in the absence of a solution to this year’s deficit, the State may face a deficit of nearly $9 billion in 2010-11 fiscal year. Additionally, the State cannot rely on new federal revenues or increased taxes as an easy solution to the State’s long-term budget imbalance.


 


“I said in April that this was a ‘buy time’ budget, and now time is up,” DiNapoli said. “This budget simply has not held together. Most New Yorkers understand they cannot spend more than they make. The state needs to adopt that kind of common sense. If we stay on the current path, New York will run out of cash. This situation must be addressed.


“New York is still feeling the effects of the recession and while there are some encouraging signs in the economy and the stock market appears to be recovering faster than expected, we can’t count on the windfall profits the state has relied upon in the past. The state’s revenue base has changed, employment is down, and we just can’t depend on Wall Street to generate the revenue needed to paper over the state’s structural budget gaps as it had before this downturn.


“The Division of Budget projects a $3 billion deficit in the current budget. But based on current trends, the end-of-year gap could be more than $4 billion if no action is taken. The spending promises made in the spring are not sustainable in the face of falling revenue. The tough decisions that should have been made in April will be much harder now that half the fiscal year has passed, and we can’t just push the problem off until next year.”



The DiNapoli report made specific findings, including:



  • Through September 30, General Fund receipts, including transfers from other funds, of $25.2 billion were $621.8 million below Financial Plan projections and nearly $4.2 billion lower than last year for the same period.
  • Total tax collections through September 30 were $18.1 billion, down $3.6 billion, or 16.7 percent, from last year and $634.5 million below projections for the first half of the fiscal year. Year to date General Fund Personal Income Tax collections were $11.1 billion, roughly $605.7 million below projections updated in July.
  • Year-to-date consumption tax collections were $4.1 billion, nearly $298 million below collections from the same period last year and $33.6 million below projections. Within this tax category, sales tax collections within the General Fund are $321.2 million or 7.9 percent lower than last year.
  • Year-to-date business tax collections were $2.4 billion, $3.1 million lower than collections for the same period last year, and $40.8 million below Plan through the first six months. Offsetting these shortfalls, miscellaneous receipts were $1.7 billion, $667 million above collections from last year, and $202.3 million higher than projected. This includes $602 million collected from utilities from the temporary utility surcharge enacted in the 2009-10 budget. Other factors in the positive variance include $43 million in higher than anticipated abandoned property receipts and $33.5 million from settlements for auction rate security cases and insurance companies.
  • General Fund spending, including transfers to other funds, was $24.7 billion, $1.8 billion, or 6.7 percent, less than last year through September 30. The decline in spending was mostly due to costs for general state charges (down $602.1 million primarily due to the timing of payments) and Medicaid (down $1.1 billion – reflecting federal stimulus Medicaid payments made from other funds). These declines were offset by increases in education spending (up $703.2 million) and other health and environment spending (up $212.5 million). Including transfers, General Fund spending was more than $1.3 billion below projections.
  • All Governmental Funds receipts through September 30 of $58.7 billion were $2.4 billion below projections and $660.1 million higher than last year for the same period, primarily due to federal receipts. Total tax collections were nearly $27.3 billion, down $5.1 billion, or 15.9 percent, from last year and $738.7 million below projections. Federal receipts increased by nearly $3.6 billion from last year, but were nearly $1.9 billion lower than projected. Miscellaneous receipts through September 30 were $10.7 billion, $2.2 billion higher than collections for the same period last year, primarily due to the receipt of public authorities’ bond proceeds to reimburse the state for capital spending that has already occurred and $602 million in new utility assessment revenue. Miscellaneous receipts were $183.4 million higher than projected.
  • All Governmental Funds spending through September 30 was $59.6 billion, $2.7 billion, or 4.8 percent, more than last year for the same period, primarily due to increases in Medicaid spending ($3.5 billion or 21.8 percent), and education ($930 million or 7.3 percent). These increases were offset by lower spending for general state charges ($908.3 million), transportation grants ($542.2 million), non-personal service spending ($387.2 million) and other social services spending (down $332.1 million). All Funds spending was $2.6 billion below projections.

The state’s finances are generally broken down by two main categories: General Fund and All Governmental Funds. The General Fund is the major operating fund of the state and accounts for all receipts that are not required by law to be deposited into another fund. All Governmental Funds includes general, special revenue, debt service and capital projects funds, as well as funds from the federal government. DiNapoli’s monthly cash report compares state finances against the same time period last year and the state’s current year Financial Plan.


To view the report, visit: http://www.osc.state.ny.us/finance/finreports/cash/monthly/september09.pdf.

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White Plain Unemployment 7%. County, 7.4%. Hudson Valley Jobs Dwindle

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WPCNR MAIN STREET JOURNAL. From Johny Nelson, New York State Department of Labor, White Plains. (Edited) September 15, 2009:  There were 2,200 persons officially unemployed in White Plains of the 31,400 White Plains workforce,  at the end of September giving the city a 7% unemployment rate among residents. That is up from the city rate of 6.8% in August. The city has see sawed from 6.1% unemployed in January to 7% in September approaching its highest level of the year of 7.1%(in June). To see the trends for the city, go to http://www.labor.state.ny.us/workforceindustrydata/laus.asp


Westchester County, according to the New York State Department of Labor showed 36,500 residents unemployed out of a work forceof 492,500, an employment rate of 7.4%, also approach the June highpoint of unemployed 7.5%. To see the County trend go to http://www.labor.state.ny.us/workforceindustrydata/laus.asp


The Regional economy continues to weaken as evidenced by the ongoing deterioration in the job market. Private sector employment declined by 2.1 percent as the area shed close to 16,000 jobs. The region’s private sector employment continued its downward spiral, but this month’s job numbers showed slight improvement. Albeit small,  it is still welcoming news, considering how bleak the job market has been in recents months.


Private sector employment in the Hudson Valley decreased by 15,500, or 2.1 percent, to 740,400 for the 12-month period ending September 2009. 

 

Employment gains were limited to educational and health services (+4,500). 

 

The greatest job losses in the region were recorded in trade, transportation and utilities (-5,300), manufacturing (-3,800), professional and business services (-3,700), leisure and hospitality (-2,800), natural resources, mining and construction (-2,000), information (-1,400), and financial activities (-900).  The Government sector shed 1,600 jobs over the year.

 


 

 

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State: City Sales Tax Revs Plummet 26% in September– Down 18% Y to Y

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WPCNR QUILL & EYESHADE. By John F. Bailey. October 15,2009 UPDATED 5:07 P.M. E.D.T.: The New York State Department of Finance reported to WPCNR today the City of White Plains sales tax revenues, a staple of the city budget, are down 18 % from the first quarter of 2008.


Sales Tax receipts for White Plains declined 26% in September completing the first quarter.


The city tax coffers received $10,084,637 through the first three months of the 2009-10 fiscal year (July, August, September)  the month of September compared with $12,337, 393 in the July, August and September of 2008.


In the last fiscal year, ending June 30, 2009 the city collected $46.3 Million in sales tax in 2008-2009. If the present trend continues to hold at 18% off in sales revenues, with the city collecting the same sales taxes in the next three quarters as they did last year, the city will collect $38 Million in sales tax — creating a budget deficit WPCNR projects at $8.3 Million in sales tax revenues alone.


If the city is to equal the sales tax projected for this fiscal year, $47,350,000, the city needs to generate $12.4 Million in sales tax each quarter ($37.2 Million). In the last six years, the city has only earned $12.4 Million in a quarter once and that was in the first quarter of 2008, when the  sales tax was increased1/4%.


Gina Cuneo-Harwood, City Commissioner of Finance told WPCNR she did not anticipate an $8.3 Million fall in the sales tax, and stayed with her forecast of a $2.3 Million  decline in the sales tax she gave the Common Council in her last meeting on the budget.


Tom Bergin of the New York State Department of Taxation and Finance, noted the 26% drop, and checked i8nto it for WPCNR. Mr. Bergin told WPCNR: “It looks like that negative 26% number for White Plains (in September) is related to sagging economy in the retail and technology sectors.

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Appellate Court to Hear County Challenge to Hockley’s Placement on Ballot Oct.20

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WPCNR CAMPAIGN 2009.  October 13, 2009: WPCNR has learned from informed sources that oral arguments will be heard at the New York State Appellate Court, Second Department in Brooklyn on the Board of Elections-Glen Hockley case in which the Westchester County Board of Elections contended that Mr. Hockley should be removed from the Mayoral ballot in White Plains November 3 due to his failure to file a Certificate of Acceptance as required by the Board of Elections law.



Glen Hockley in closing statement at the Council of Neighborhood Associations Mayoral Debate Tuesday evening. The debates this week may be rendered irrelevant, mute or moot after the Appellate Court hears the Board of Election challenge to his right to be on the ballot due to failure to file a Certificate of Acceptance of his own candidacy. The decision may not come until one week before the election (October 27), given that the Appellate court would have to rule shortly after the October 20 hearing.


Previously, New York State Supreme Court Judge Francis Nicolai ruled the Board of Elections should reinstate Hockley on the ballot because, in Judge Nicolai’s opinion, Hockley by acquired some half the signatures on his positions himself, he had showed he wanted to run for the Mayoral position. Judge Nicolai also observed in his decision that the text of the Certificate of Acceptance postcard sent candidates only asks the candidates to advise of they are declining the nomination to run. The Board of Elections is contesting that ruling by appealing the Nicolai decision to the Appellate Court.


 

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Dunne Hearing on Trial Readiness Will take Place Thursday 11 A.M.

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. October 13, 2009 UPDATED  Octoer 15, 20009: The hearing on readiness to stand trial for Father Patrick Dunne, former parish priest of Our Lady of Sorrows in White Plains, is scheduled for Thursday morning in Judge Jeffrey Cohen’s chambers at 11 A.M. The hearing originally scheduled for Tuesday was postponed at the request of the court for scheduling reasons, according to the judge’s law clerk and will take place today in New York Supreme Court in White Plains.


At this time, the law clerk said the expectation is for the matter to proceed to trial.


Dunne is facing a charge of  one count of Grand Larceny in the Second Degree, a Class “C” Felony.


The District Attorney’s office alleges that over six years from January 1st, 2002 to December 30th, 2007, Father Dunne as parish prisetof OLS, stole over $432,000 from various parish accounts. He is allegedto have diverted money donated by parishioners for several collection campaigns including: the church building fund, a collection for Hurricane Katrina victims and the weekly offertory, using, according to the District Attorney, the funds for personal expenses and recreation without church permission to do so.


 

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A Tale of Two Vessels

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WPCNR PHOTOGRAPHS OF THE DAY. By the WPCNR Roving Photographer. October 11,2009: The brisk northwest wind made the Hudson River a  sailor’s paradise Sunday afternoon. A modern sightseeing craft and a reminder of the past shared the historic waterway by the Tappan Zee Bridge.



Excursion Craft berthed at Tarrytown wharf turns to head up river this afternoon opposite the Tarrytown Marina.



Three Masted Schooner — reminiscent of Captain Kidd off Captain Kidd’s rock Sunday afternoon.


 

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Comptroller Supports Cuomo Pension Fund Reform.

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WPCNR ALBANY ROUNDS. Statement From Thomas DiNapoli, New York State Comptroller. October 9,2009: It’s been a long struggle to repair the damage the Hevesi Administration inflicted on the state pension fund. Over the past two and a half years, I’ve used my authority as trustee to institute a long list of reforms to the management of the pension fund to limit the opportunity for corruption. I’ve banned the use of placement agents and lobbyists in Fund investments, I’ve implemented policies to put New York at the forefront in the fight to stop pay-to-play, and I’ve increased transparency and accountability in every aspect of the Fund’s transactions. I’ve also voluntarily limited contributions to my own campaign to less than half the legal limit.















 




At the same time, Attorney General Cuomo has been investigating criminal and civil allegations against both the Hevesi Administration and members of the financial community, and he’s been getting results.


The Attorney General’s proposed legislation is another good step forward toward reform. The bill would codify many of the reforms I’ve already implemented along with setting in law a code of conduct.

The bill also extends the ban on pay-to-play campaign contributions to candidates for governor and attorney general as well as the majority and minority leaders of both houses of the legislature.


Perhaps most significantly, the Attorney General has raised the issue of the creation of a board of trustees for the Fund. After the Hevesi Administration violated the public trust, New Yorkers are rightly asking questions about the best way to ensure ethical, honest management of the Fund. The viability of a board should be put on the table.


Whatever changes the legislature and governor may decide to make, they have to be done right. We can’t afford the chaos and confusion of protracted legal battles and constitutional challenges. There are any number of issues that have to be resolved, including the make up of a board, how board members would be selected, what is the fiscal impact and cost of the new system, and perhaps most significantly, the constitutionality of this kind of change.


Public trust needs to be earned and the pension fund needs to continue to function as effectively as it has. One million New York retirees, public employees and their families are depending on that. Any discussions must be open, public and inclusive. This bill opens the door on those discussions. The time is right for this debate, so let’s have it.

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3rd Quarter Dismal in County

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WPCNR MARKETPLACE. From Cushman &  Wakefield, the Office Realty Specialist. October 9, 2009 (Edited): In the White Plains Central Business District (CBD), direct asking rents declined in the third quarter ended September 30,registering $32.35 psf, on par with the $32.32 psf last quarter but down more than $2.00 psf from the $34.66 psf one year ago.  The White Plains Non-CBD direct asking rents have remained steady over the last year, averaging $32.22 psf, on par with $32.28 psf last quarter and the $32.16 psf one year ago, according to a news release from Cushman & Wakefield.


 


 


Major transactions that occurred during the second quarter included the 52,649-sf lease signed by Con Edison at 100 Summit Lake Drive in Valhalla and Premier Health’s lease for 26,326 sf at 445 Hamilton Avenue in White Plains.


 


Its third quarter 2009 report for the Westchester County commercial real estate market, showing a continued downward trend across the county, but not significantly down.  Top drawer leasing activity of the most attractive office space (Class A), however, decreased significantly this quarter — totaling approximately 160,654 square feet (sf), down from 254,060 sf last quarter and 429,720 square feet last year at this time.  


 


 





WESTCHESTER COUNTY ECONOMY


 


Job loss in Westchester County continued at a steady clip in the third quarter, with the county losing an estimated 1,000 jobs per month from May through August. Overall the county has lost approximately 15,000 jobs since the recession began in early 2008. Roughly half of these jobs (43%) are in the office-using sectors. Even with this job loss, the county remains below that for the rest of the nation. Total employment in Westchester County is down about 3.4%, compared with 5.2% for the U.S. as a whole. We expect that as the U.S. economy moves from recession to recovery in late 2009 or early 2010, Westchester County will lag by a quarter or so leading to a recovery in the second half of 2010. 


 


A total of 195,684 sf of space was added to the market inventory this quarter, a 52% decrease over the 408,040 sf added last quarter.  Of that space, only 37,495 sf is sublease space, virtually all of which (31,443 sf) came from Pernod Ricard at 777 Westchester Avenue in White Plains.  Sublease space, however, represents more than 42% of the available space that’s been added to the market since this time last year. 


 


The overall Class-A space available in the county remained at 4.4 million sf (msf) in the third quarter, but increased by almost 13% from the more than the 3.9 msf available this time last year.  


 


Overall vacancies countywide for Class-A space registered at 20.5%, remaining on par with last quarter’s 20.6% and a substantial rise from the 18.3% vacancy rate of one year ago.  Direct space returned to market this quarter came primarily from WCI Communities (24,000 sf) at 115 Stevens Avenue, Valhalla, and Abitibi Consolidated (24,441) at 4 Gannett Drive, White Plains, which relocated out of state.


 


“While market conditions are still softening, they are more stable than many other markets around the country,” said Jim Fagan, senior managing director and head of Cushman & Wakefield’s Fairfield and Westchester County region.  “In the face of declining employment, Westchester County is able to persevere due to its diverse tenant base.”


 


Direct asking rents for Class-A space countywide at the close of the third quarter averaged $31.42 per square foot (psf), slightly higher from the $31.29 achieved last quarter, but down from $31.96 psf one year ago.  Although asking rents are stabilizing, taking rents have decreased by as much as 15% to 30% in the past 18 months and concessions, such as free rent and higher work allowances, continue to increase.


 



Overall absorption for Class-A space in the county in the third quarter totaled positive 14,602 sf, compared with negative 212,821 sf absorbed last quarter and positive 166,782 in the third quarter 2008.





Mr. Fagan said, “The art of being a great landlord is more important than ever.  In a market where the number and size of the tenants are remaining the same or declining, those landlords that can differentiate themselves will succeed.” 


 



INVESTMENT SALES


Two investment sales were executed this quarter: Ardsley Park (410 – 460 Saw Mill River Road), a six-building, 390,000-sf office/laboratory complex in Ardsley, NY, was sold by Purdue Pharma to OSI Pharmaceuticals for $27 million or $69/sf; and 399 Knollwood Road, a 152,030-sf office building in White Plains, NY, was sold by S.L. Green to RPW Group for $20.5 million or $140/sf.


 


Mr. Fagan added, “We expected 2009 to be a difficult year for investment sales, however, there is money out there,” said Mr. Fagan.  “Investors are sitting on the side lines waiting for the market to stabilize for them to feel comfortable enough to re-invest.”


 


 


 

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County Uncovers Elaborate Prostitution Ring Catering to WP Hotel Guests

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WPCNR POLICE GAZETTE. From News Reports. October 8, 2009: The Westchester County District Attorney, Janet DiFiore announced the end of a two year undercover investigation into a major upscale prostitution operation involving as many as 30 women who were sent on guest-requested rendezvous to major White Plains hotels, including the Crowne Plaza, and Residence Inn in White Plains, the Hilton Rye Town and Doral Arrowwood Hotel in Rye Brook, and Springhill Marriott Suites Hotel, the Marriott Courtyard and the Marriott Hotel in Tarrytown.


The operation was allegedly run by two residents of White Plains who recruited interested women and arranged assignments for them, and advertised the service on Craig’s List and the organization website.


Ms. DiFiore announced that Kenneth J. Fuina  of Devonshire Drive (off Rosedale Avenue in White Plains) and Shawana Smith of Barker Avenue in the heart of downtown White Plains were arraigned in City Court today, each on felony charges of promoting prostitution. Their bail was set at $100,000 cash or bond. Genevieve Margaret Peattie, of Forest Hills, Queens, was arraigned and charged with prostitution, a misdemeanor, and released in her own recognizance.


The District Attorney’s office conducted a two year undercover operation, with cooperation and help of the Rye Brook, Rye City, Greenburgh and Elmsford police departments.


The women dispatched to the various hotels billed $600 to $2,000 an hour for their time,according to the District Attorney’s Office.


The investigation is continuing.


Deputy Commissioner of Public Safety in White Plains,  Daniel Jackson, asked about whether White Plains Police participated in the District Attorney investigation wrote in a statement:


” I do not have any details on the case. I would suggest contacting the D.A.’s office if they announced the arrests. “

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Overtime Necessary When Police Staffing/Fire Staffing Depleted: Jackson

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WPCNR POLICE GAZETTE. Continued Questions & Answers With Department of Public Safety Deputy Commissioner Daniel Jackson continues. October 6,2009 UPDATED October 7 1:15 A.M.: With the confirmation that the city hiring freeze long said to be in effect by the Mayor’s Office, has been lifted to staff up the Police and Fire Departments due to both departments being down 10 in each department (as provided for in the current 2009-10 budget), WPCNR forwarded obvious follow-up questions to Deputy Commissioner Jackson late Monday evening.


According to that interview conducted Monday with Jackson via e-mail,  it appears that the new work schedules the police and fire personnel have been working the last nine months: 12  consecutive hour tours for the police, and 24 consecutive hour tours for the fire fighters, have not succeeded in cutting down overtime as much as was expected. Commissioner Jackson attributes this to the staffs being down. The department also faces chronic personnel shortages every year.


Jackson stressed to WPCNR Tuesday evening in a clarification statement that the new schedules were not designed to “eliminate” overtime, as stated by WPCNR in the previous paragraph: Jackson stated in an e-mail:



You asked about eliminating overtime not reducing it with regard to the schedules. Your assumption and editorial statement is incorrect in saying that the schedules have not cut down on overtime. The schedules have, in fact, reduced the amount of overtime needed to keep apparatus and police posts manned, as predicted. However, the vacancies coupled with the reduced OT budget compound the issue. Please correct that erroneous statement.


Jackson explained the need for the hires Tuesday, answering these WPCNR questions:


WPCNR: Are there plans to hire the other 10 next year?


DEPUTY COMMISSIONER DANIEL JACKSON: We always attempt to maintain minimal vacancies. When we get too far behind, it impacts operations and overtime. It takes considerable time to train an officer and a firefighter which factors in (overtime expenses).  

WPCNR:  Are we always going to be potentially 10 firemen and 10 police short? How many police and fire do we lose next year?



JACKSON : There is a good portion of both bureaus that are eligible for retirement at any time. Its hard to predict who will retire at what point. We almost always operate with vacancies, generally 5-10 

WPCNR: Since the fire department is on the new extended 24 hour shift, why is there a personnel shortage?


JACKSON:  The 24 hour shift has definitely helped our staffing issues.


However we still have to put firefighters on the apparatus – no work chart will solve the problem of too few bodies. It is like baseball – you need a first baseman, 2nd baseman, etc. Doesn’t matter how short or long the game is.

WPCNR: Same question with the police who are on the 12-hour shift. These new shifts were sold as being ways to eliminate overtime.


JACKSON: That is incorrect, the nature of police and fire work is such that you can never “eliminate” overtime and we never represented that.


We stated that the shifts would greatly reduce some types of overtime, and they have.


However, our overtime budgets have been greatly reduced which makes maintaining adequate staffing levels even more important than previous years.  

WPCNR;Does Commissioner of Public Safety Straub have a statement on the new hires, and a justification of it?



JACKSON: My previous responses as well as the above represent the views of the department and the Commissioner.

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