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City Faces 4% Hike for unions.Tabling Legal Guru Threatens Presentation
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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. September 11,2009: Richard Zuckerman, chief labor negotiator and city labor counsel for years, at the request of Councilmen Tom Roach and Benjamin Boykin informed the council that based on Westchester County average comparable contracts negotiated recently, the city faced arbitrated wage increases of possibly 4% this year and next, that would be most likely be extended to the other two city unions, the teamsters and the Civil Service Employees Association.
The council learned for the first time, that a prescheduled series of binding arbitration hearings will begin September 21 with the Police union and September 24, with the Firefighters Union , (10 and 14 days from now). Because the Common Council chose not to renew the contract of the city’s labor counsel when the Lamb & Barnosky contract expired, work on preparation for the impending talks was stopped as of July 1, the labor counsel said.
They also learned that despite the economic downturn, the negative revenue shortfalls affecting cities and towns and counties around the area has not had the effect of trimming labor settlements, Zuckerman said. Zuckerman (above) is with Lamb & Barnosky, a legal firm which has handled city labor negotiations since 1968, until July 1 of this year, when the Common Council tabled the matter of renewing the Lamb & Barnosky contract, pending more information about the firm. The matter is scheduled to be considered September 24, three days after pre-scheduled hearings with the Police union begin.
With the Presidents of the Patrolman’s Benevolent Association (Jim Carrier) and White Plains Professional Firefighters (Joe Carrier) looking on the proceedings, Councilman Benjamin Boykin started the meeting saying he and Mr. Roach had written the Mayor twice since last April asking the status of the union binding arbitration proceedings, and had not received a response until this evening. Mayor Delfino said that Mr. Zuckerman could only comment on dates of when hearings would be held, and that was Councilman Tom Roach’s first question.
Zuckerman said hearings would begin September 21 with the Police and September 24 with the firefighters and continue through October. He also announced that a neutral arbitrator, Roger Maher had been agreed on to handle the police hearings, joining Alan Vianti, the neutral arbitrator selected last spring for the firefighter arbitration.
In the course of the acrimonious meeting, punctuated by bickering and fingerpointing between the Mayor and the members of the Council, Mr. Zuckerman noted to the Council that because the Lamb & Barnosky contract had not been renewed, he had suspended all preparation of exhibits he would have usually prepared for the upcoming arbitration.
The Council did not address how much work had been done previously until the suspension of the contract.
Mr. Zuckerman told WPCNR when asked about the possibility of postponing the hearings if the Council acted swiftly in approving the contract. Zuckerman said he could not comment. Zuckerman did say that binding arbitration hearings were routinely scheduled around advance availability of the participants and when they were available. WPCNR took that to mean a restructuring of the present schedule for White Plains Police and Fire would be difficult to do.
WPCNR asked Mr. Boykin at the conclusion of the hour and a half session if the Council would move immediately to authorize renewal of the Lamb & Barnosky contract, starting Mr. Zuckerman to work. Boykin said only, “The matter has been tabled until September 24.”
Mayor Joseph Delfino said that he wanted to correct Councilman Boykin’s assertion at the Tuesday Common Council meeting that he, the Mayor, had committed the city to binding arbitration. Zuckerman explained to the Council that under state law the union can call for Compulsory Arbitration which is far more costly and time-consuming because it is administered by the New York State Public Employees Relations Board.
Zuckerman said that both parties, the city and the police and fire unions agreed mutually to voluntary binding arbitration, which enabled the city to save numerous fees. This was done apparentlyaccording to WPCNR observation without consulting the Common Council in any public work session, though Mr. Zuckerman did not say this.
Zuckerman said both the unions and the city had signed agreements authorizing binding arbitration through neutal arbitrators, Alan Viani and Roger Maher, now in place. It was not clear whether these agreements could be rescinded, but the Council did not ask. However, Joseph Carrier told WPCNR previously that “you can always negotiate” even while arbitration is in process.
In the months since the Council rejected the 3.75% and 4% wage increase the Mayor had negotiated last fall, the council has not stated a preference on this matter going to arbitration or making a public statement to the Mayor they felt the city should go to Compulsory or voluntary binding arbitration.
Remembrance of a Requiem: The Candlelight Walk, September,2001.
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WPCNR MILESTONES. September 11, 2009 Reprinted from September 17, 2001: This evening at City Hall at 5:45 P.M., White Plains will hold its remembrance of this horrible day when the World Trade Center was ruthlessly diabolically, destroyed, taking the lives of over 3,000 people, with the toll still climbing daily as its spawn.
Eight years ago this Thursday is the anniversary of the White Plains Candlelight Walk — an event organized to help the public of White Plains do something about the Trade Center genocide. The Candlelight Walk was a public outpouring of emotion that put into perspective how the events that took place seven years ago ripped us apart and brought all Americans of every race, religion, creed and origin together for a short time, a very short period of time — judging by the Presidential campaign of prejudice, class warfare and labeling now in full swing. WPCNR reprints our impressions of that Candlelight Walk of Sunday, September 16, 2001.
Republished From WPCNR of September 17, 2001:They carried flags, “thank you signs,” and lit candles. They came from all races, ranks and religions to walk, remember and celebrate what it means to be an American and prayed for America’s future on the White Plains Candlelight Walk Sunday night…
Police estimated a crowd approaching 8,000 persons gathered at the White Plains Railroad Station and marched shoulder to shoulder, Black to White, Hispanic to Hassidim, Italian to Jew, Arab-to-Asian, Old-and-Young, American-to-American in a solemn, uplifting remembrance and rededication to America’s future.
Candlelight March on Main
The White Plains Candlelight Walk staggered city officials with the streaming turnout filling the broad Main Street boulevard with ranks of 30 to 40 persons shoulder-to-shoulder all the way from the City Hall steps to Bank Street.
By 7:15 PM the parking lot below the clock tower at the railroad station was filled, and still they came. Every race, every creed. Neighbors greeting each other. Shaking hands. Some carried signs. Some carried flags. Some brought their own candles, but they came. They walked. Pushed strollers. Children did not cry or misbehave. Persons said “Excuse me,” and smiled at each other. They knew this was important.
WHITE PLAINS REMEMBERS:Crowds milling at White Plains Railroad Station at twilight, awaiting start of Sunday evening’s Candlelight Walk to Remember the victims of the Trade Center catastrophe. WPCNR PHOTO
A disciplined group
They lit each others’ candles. At 7:35 PM they began to walk slowly south on Bank Street filling the broad cross street with quiet, orderly, confident humanity. For such a large crowd, they were serious and stalwart.
Some carried signs reading “Thank You White Plains Bravest and Finest,” and “Thank you Fire and Police.” They sang impromptu versions of “My Country ‘Tis of Thee,” and “The Star-Spangled Banner,” waving their flags. Their spirits were steady. Their pride high. No fear. Their love of country and fellow Americans was glowing.
The city stops for a remembrance
As dusk stole velvetly over the streets with an orange sun receding to the West, traffic on Hamilton Avenue stopped for this long freight train of White Plains citizens. They took 30 minutes to reach City Hall, and still, from this reporter’s vantage, reached back to Bank Street.
There was no honking of horns from stopped autombiles. No animosity. Motorists recognized something special: thousands of tentative, yet determined steps of America on the way back were being taken.
The City Clergy in a remarkable ceremony
At the City Hall steps, with Main Street jammed with humanity, a quiet, respectful crowd drew close to the old neo-classic columned brick façade. They waved flags, their candles in their hands glowed like they do at a Meadowlands concert.
MAYOR DELFINO OVERWHELMED: The Mayor stands shoulder-to-shoulder with Councilpersons, city clergy, choir, and dignataries, saying “God will get us through,” at the conclusion of the historic and moving White Plains Candlelight Walk on the steps of old City Hall. WPCNR PHOTO
Mayor Joseph Delfino welcomed the multitudes thanking all for coming, thanking the White Plains firemen and policemen for their efforts the past week, but his remarks were hard to hear. Somehow you did not have to hear them. Everyone understood what he was saying. Everyone felt it, too. I did.
The Mayor was surrounded by a host of the White Plains clergy from many churches behind him. The men and women of the cloth had assembled at his call to present an ecumenical service of remembrance and prayer for the victims of the World Trade Center disaster. There was a chorale group and ensemble. But, I cannot tell you who they are at this point.
The message you heard even if you could not hear it
There were no news releases or media briefs at this gathering. No text of the Mayor’s remarks was handed out. He did not make many. It was not that kind of event. It was regretfully special. You did not need to know who was offering the prayers, rabbi or priest, minister or pastor.
The different prayers and appropriate hymns rose on the cool early autumn night echoing skyward, warming hearts, and somehow fit splendidly meaningfully together. The White Plains clergy, in this reporter’s opinion, should do this more often under pleasanter circumstances. It was very special and so right.
The impromptu public address system could not be heard clearly beyond 100 feet. However, the people of White Plains listened and soaked in the spirit of the sweetly sung entreaties to The Almighty, with no catcalls, no disrespect, dedication and silent endorsement of the message. Children did not cry.
A moving sequence
The most moving sequence of the service occurred when each Man and Woman of God voiced a prayerful sentiment and the ensemble sang “Lord, listen to your children preying.” It was a White Plains “Moment to Remember.”
The service concluded with the throng singing “We Shall Overcome.” After several moving choruses with the multitude of citizens swaying together, the final stanza which goes “We Shall Stand Together,” closed the old 60s protest song with a roll of applause and cheers.
The Mayor rallies the crowd
Mayor Delfino came to the podium. With clergy, councilpersons, and congresspersons to his right and left, spoke proudly and earnestly to the crowd:
“Never would I have believed that we’d have such a turnout. I am overwhelmed, this is truly the greatest community in America,” and went on to thank all the city’s clergy for coming together for the service, saying that “God would get us through.”
The Mayor said that there was a Remembrance Book in the City Hall rotunda, which would be placed in the White Plains Public Library for all to sign. The Mayor announced this because not all of the thousands could march into the rotunda to sign it that evening, which brought one of the few laughs of the night.
Everyone leaves with a sense of a job to be done
The remarkable evening of remembrance and renewal closed with a rousing singing of “God Bless America,” with outstanding voices from the steps of City Hall, helping the citizens out with the second and third verses.
The crowd slowly dispersed.
They returned to cars, parents pushing strollers, couples arms over shoulders. Old city and county political rivals often adversaries, shook hands on the City Hall steps.
Some young persons in their 20s stood in front of the fenced off E J Conroy Drive, and, impromptu, shouted “USA,USA!” Then they changed what they were chanting. They crossed their hearts and began to recite, in unison: “The Pledge of Allegiance to the Flag,” getting every word right with dignity and dedication.
You should have been there, but you wished you never had to be.
EPILOGUE (Written in 2006): It is seven years since 9-11-01, and the sense of working together has left us.
Instead today we see a fractured politicized landscape in which our “leaders” have played upon our fears to restrict the very freedoms that created America and which we stand, or used to stand.
Leaders play citizen group off citizen group, use minorities as scapegoats, and sanctimoniously proclaim their patriotism. Most distrubing of all, they pass the buck and refuse to take responsibility, and do not communicate and cover up. It is sobering to see so many weak people elected to office and being selected to run for office, some without even the experience to execute the position.
The legacy of America is still there. Whether our “leaders” understand it, I am no longer confident.
The job is not to ask what can I get out of my country and government, but what I can do for my country and to improve the way I govern for all not just the connected, the influential and the powerful, and the managerially challenged and whether it will benefit me the officeholder/seeker — and this goes from the Oval Office to every, Governor’s Office, Mayor’s Office, Assemblyperson’s office, State Senator’s office, County Legislator’s office.
Your job is not to turn Americans and races and groups against each other but to work for the good of all, please.
Comment (2009): The CitizeNetReporter wrote the above epilogue in 2006. It is sobering as we read today’s headlines on September 11, 2009, that it seems I could have written it today, based on events this week. We are still using rhetoric, not leadership, myth not fact, and playing one group off another, and raising fear after fear to win a point. One need only look at the last two weeks of health care debate to realize that. Perhaps we should try and work together instead of working to obtain power and our point of view. Maybe someday. But perhaps never. The more the players at leadership in America change, the more they stay the same, it seems.
Photographs of the Day
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WPCNR PHOTOGRAPHS OF THE DAY. By the WPCNR Roving Photographer. September 10, 2009: The new Post Road School on Sterling Avenue opened for its demanding clientele this morning smoothly and efficiently, with no traffic problems, and a smooth and orderly arrival, beginning with the first school bus arriving at 8:02 A.M. and the last bus coming in about 8:50 A.M.
First Bus Arrives, 8:02 A.M. and the New Post Road School Goes Live!
Superintendent of Schools Dr. Christopher Clouet, disembarks, arriving on one of the buses to a media blitz, and reported excellent bus management, with kindergarteners seated towards the front of the bus and older grades in the back. He said the students on his bus were very excited to start their first day at the new school.
Staff were there to guide students into the school via the new gymnasium entrance (not through the front entrance), and parents dropping their students off dropped them on the Soundview Avenue side of the school, entering into the back of the school. That will be standard procedure: Drop-offs in the back lot, school bus disembarkment on the Sterling Avenue side. The bus drop-off area easily swallowed four busloads at once, with no affects on traffic on Sterling Avenue.
Students arriving by bus will enter the school through the Gymnasium Entrance to the right of the main entrance to the school (below)
Parents dropping children off at school have to let their charges off on the Soundview side of the school. That will be standard procedure for the drop-off students.
Parking Lot fully occupied on Soundview Avenue Side:8:45 A.M.
Principal Laura Havis and Superintendent of Schools, Dr. Christopher Clouet greeting Post Roaders this morning.
Mayor Joseph Delfino of White Plains congratulating Principal Havis.
Playground has been paved. Equipment Not yet in place. Earthmoving machines (beyond green fence, continued to clear the field portion of the site. Work continued on the exterior of the gynasium, (left).
Patrick Dunne (OLS Ex-Pastor) Heads to Trial on Grand Larceny Charge October 13
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WPCNR WHITE PLAINS LAW JOURNAL. By John Bailey September 10, 2009: Patrick Dunne, the Our Lady of Sorrows parish Pastor for sixteen years until he was removed by the Archdiocese last year after suspicion arose that Mr. Dunne embezzled $432,000 from OLS church accounts from January 2002 to December 30, 2007 appeared in Supreme Court in White Plains this morning to set a trial date on charges brought by the District Attorney of one count of Grand Larceny, punishable by a maximum of five to fifteen years in prison.
Mr. Dunne slipped into Judge Richard Molea’s courtroom at 9:33 A.M., dressed in blue blazer, blue-green golf shirt, khaki pants and loafers. When his case was called, Judge Molea motioned attorneys to the side of the Judge’s bench and discussed matters with Richard Ferrante, Dunne’s attorney, and attorneys from the District Attorney’s Office.
Dunne stood at the elegant maplewood ballustrade at the defensive attorney’s table, his hands folded below his waist, balancing on the balls of his feet and staring at the “In God We Trust” saying on the white wall behind Judge Molea’s bench. After thirteen minutes, the three attorneys and the judge had come to agreement.
Judge Molea set a trial date for Tuesday, October 13 with the judge to be named. Dunne’s attorney told WPCNR jury selection would begin the week prior. Asked how Mr. Dunne was holding up, Ferrante said “well.” Asked if Dunne was still being paid by the Archdiocese, Ferrantehadno comment. Ferrante said he may have a comment before the trial date.
BOARD OF ELECTIONS PREPARES APPEAL OF NICOLAI DECISION PUTTING HOCKLEY ON BALLOT
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WPCNR CAMPAIGN 09. By John F. Bailey. September 10, 2009: Commissioner of the Board of Elections, Reginald LaFayette, told WPCNR today that the Board of Elections is going to appeal Judge Nicolai’s New York Supreme Court decision Tuesday ordering the Board to place Mr. Hockley’s name on the November 3 city election ballot opposing Adam Bradley.
Lafayette said Judge Nicolai’s decision in which the judge said election law has been liberalized since 1987 when the Appellate Court ruled that failure to file a Certificate of Acceptance was grounds for being denied the ballot, and that denying the right to run for office by someone who obviously wanted to run (Mr. Hockley gathered 100 pages of petitions to run for Mayor himself), in view of a technicality was not the spirit of the intention of the Certificate of Acceptance stipulation. Nicolai in explaining his decision said the Certificate of Acceptance was primarily for the purpose of declining the nomination.
Mr. Lafayette said the appeal had not been filed yet, but expected it to be filed soon. He said the Appellate Court in
The reason for filing the appeal,
Asked if Mr. Cronin and Mr. Goett would be automatically put on the ballots in their towns as a result of Judge Nicolai’s decision,
Hockley told long before petitions filed he had
To file Certificates of Acceptance
Lafayette told WPCNR he stood by his statement he made after Judge Nicolai’s decision Tuesday that he had told Melody Hockley that her husband had to file a Certificate of Acceptance the very day Mrs. Hockley had filed her husband’s petitions.
Mr. Hockley had called Mr. Lafayette “a bald-faced liar” when he was informed of Mr. Lafayette’s statement that he’d told Mrs. Hockley about the need to file a Certificate of Acceptance.
Mr. LaFayette introduced Tajian Jones to WPCNR who told WPCNR that when Mr. Hockley first came in to the Board of Elections she took him through the process, went over the blue Board of Elections Calendar and dates when documents were due for Independent Candidates, and she said she specifically told him about the need to file a Certificate of Acceptance, weeks before the petitions were due.
He also introduced WPCNR to Deputy Commissioner of the Board of Elections, Jeanne Palazola, who said she had offered Mr. Hockley a complete Board of Elections law book and he refused it before the petitions were due, and she also said she had told him he needed to file a Certificate of Acceptance. Palazola said the Board officials can’t tell everything, because “We don’t know what you don’t know.”
A copy of the postcard Mr. Hockley claims he did not receive (which is generated by computer and sent to all filers of petitions (numbering some 2,000 this year) telling them when they have to decline the nomination (not accept, as Judge Nicolai’s decision pointed out), was not available because Ms. Jones advised WPCNR the postcards are generated by computer. There was not a hard-copy script available. Samples of postcards returned to the Board of Elections were entered into evidence in Judge Nicolai’s hearing Tuesday.
Asked why the postcards are not sent out registered mail,
Photo of the Day
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WPCNR PHOTO OF THE DAY. By the WPCNR Roving Photographer. September 9, 2009: Your Roving Photographer was not roving at the time he captured this photo, but news just finds him wherever he goes. Today’s photo shows that the 2009 political campaign has officially started, a “new, improved Bill Ryan” candidate, for County Legislator in District 5 (White Plains and Scarsdale) has officially started his walking tour of the district by introducing himself door-to-door with his aide-de-camp, Mike Amodio. Ryan, resident of White Plains, is running for reelection against White Plains Bob Hyland, said the purpose of the walking tour was name recognition and making sure residents in his district knew who to call to discuss issues once the election was over.
“Hi, I’m Bill Ryan…”
Cappelli Enterprises to Remove Island Monument, Ending 17 Month Dispute
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WPCNR THE DEVELOPER NEWS. By the WPCNR Roving Photographer. September 9, 2009: Cappelli Enterprises spokesperson, Geof Thompson, confirmed to WPCNR today that the company will be removing the controversial Ritz Carlton Renaissance Square traffic island monument very shortly, ending a dispute between the city and the company that has lasted 17 months.
Thompson did not have a date when the now-blank sign would be collected and removed, but said it would be removed. WPCNR noticed yesterday that the gold “Ritz Carlton” lettering and “Ritz Lion” had been removed from the monument Monday.
The dispute arose when it became clear that the monument had been erected without approval by the Common Council. Cappelli Enterprises said that the Mayor’s Office had given them verbal approval to erect the monument as an “enhancement.” The Council objected at this overreaching of the Mayor’s office, usurping their authority and demanded the removal of the stone. Cappelli Enterprises offered to pay the city $118,000 to rent the space on the traffic island, which the Common Council rejected, and demanded the removal.
The company sued in May, 2008, asking a show cause stay of removal, claiming the Common Council was “arbitrary and capricious” in denying rental rights, considering there were many other locations of signs of commercial establishments existing on city property. Fifteen months later, Judge Susan Cacace of New York State Supreme Court ruled the council had used due diligence and was thoughtful in considering the request. Judge Cacace ruled in July of this year.
Now, Cappelli Enterprises is quietly complying with the city request to remove the ediface.
Council Passes 1st Hotel Tax; OKs 1st 5 Yr Site Plan for WP Hosp.Tables Union $
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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. September 8, 2009, UPDATED 3:03 P.M. with detailed analysis of the Con Edison Certiorari in Italics:
In other action,
The Common Council approved a 5 year site plan approval for
The Council extended for another month the hearing on the North Street Community senior condominium and assisted living project.
The council tabled a resolution generated by the Mayor’s Office to transfer $2 Million to
Salary and benefit accounts. Councilman Boykin objected because of the vague nature of the request. Mayor Delfino said this was the best estimate of the monies needed for the expected binding arbitration settlement of the fire and police union contracts. Boykin said he wanted a more specific definition of what the end of the year deficit was and who would be getting paid the funds.
Rita Malmud said, in response to Mayor Delfino’s testy response to Boykin that these transfers are done every year and are nothing new, said that this was not the case, this year, with the council rejecting a 3.75% raise for the first year of the fire fighters’ contract last December, and the city being “forced into a voluntary binding arbitration.” Dennis Power suggested tabling the matter and it was done by a vote of 5-2, with Mr.Roach and the Mayor voting “No.”
The binding arbitration has not begun yet because the council has tabled until September 24 the discussion of selection of a city labor legal counsel. At that date the transfer of funds will also be discussed. The Mayor said he refused to identify how much of the $2 Million was for union and non-union managerial personnel.
Assessment Erosion Continues
The Council approved the lowering of the assessment rolls to the tune of $782,477, resulting in a total of $359,730.40. The
The bulk of the total assessment reduction was made up by a $556,587 assessment reduction granted Con Edison properties on
The assessment reduction represents the total assessment decline of 35 different Con Ed-owned lots around the city with various Con Edison installations and equipment on the premises, according to Lloyd Tasch, the City Assessor. The 35 properties were reduced from $908,000 of Assessed Value to $351,413. Tasch said an expert was hired by the city to assess the properties and fight Con Edison’s claims involving depreciation, replacement value and other categories. Tasch said the city did the best it could but still wound up with “a real hit” that will be deducted from the city Assessement Roll in 2010-11.
CVS Albany LLC at 434-452 Mamaroneck Avenue and 434-440 received a $39,881.11 certiorari tax refund and a $93,800 reduction in assessed value. Tasch said this decline in assessment were partly as a result of decreased sales
Photograph of the Day Foretells Future?
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WPCNR PHOTOGRAPH OF THE DAY By the WPCNR ROVING PHOTOGRAPHER. September 8, 2009: As our man with a camera scanned the streets of White Plains today on his never-ending quest for truth, justice and the American Way, he squeezed off this revealing photograph. Could it mean that the controversial granite stone on Renaissance Square in front of the Ritz Carlton hotel was coming down? Within the last few days the words “Ritz Carlton” had been removed from the monument.
Prelude to a Removal?
Photo by the WPCNR Roving Photographer
On July 28, Judge Susan Cacache ruled the city had been diligent and reasonable in its effort to deny Cappelli Enterprises the privilege of erecting the stone on city property. Cappelli Enterprises had until August 28 to appeal the ruling. As of today, ten days after that deadline, the words Ritz Carlton no longer appear,raising speculation the stone will soon be removed.