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 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: White Plains enacted its first ever  Hotel Sales Tax of 3% Monday evening by a 7-0 vote with no public comment on the legislation. The hotel tax will go into affect October 1. The tax will be collected by the individual hotels in the city which include the Ritz Carlton, the White Plains Renaissance, the Crowne Plaza, The Esplanade, and the Hyatt Summerfield Suites, and returns will be due quarterly at the end of December, March, June, September. The tax has been touted as having the potential to raise $350,000 a year.

In other action, 

The Common Council approved a 5 year site plan approval for White Plains Hospital Medical Center planned expansion. It is the longest window of site plan approval ever granted by the city, and was done as a convenience to the hospital which is in the process of fund-raising for the major expansion of the facility, which pointed out in requesting the elongated period allowed to get the project under way, that it did not expect to raise the funds to build for at least that amount of time. This was approved in a time frame of  about six months.

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 School District will pay approximately a $1,440,000 certiorari tax refund, based on the ratio that for every $1 the city collects in taxes, the school district collects 4.

 The bulk of the total assessment reduction was made up by a $556,587 assessment reduction granted Con Edison properties on Water Street. Con Edison receives a $208,995.70 tax refund for the years 2006-07, 2007-08, 2008-09, and 2009-10. 

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

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. September 8, 2009: Judge Francis Nicolai, after a 2 hour and 45 minute hearing this morning, punctuated by two 1 hour recesses, the second of which he used to review an Appellate Court decision on a similar case, directed the Board of Elections to put the name of Councilman Glen Hockley on the November 3 ballot for the office of Mayor.

Judge Nicolai said the Board of Elections did nothing wrong in denying  Mr. Hockley a place on the ballot due to Mr. Hockley’s failure to file a Certificate of Acceptance, but that it was clear that Hockley wanted to run for the office.

Nicolai taking an hour recess to review a1987 Appellate Division decision of 1987 that had ruled against an independent candidate in similar circumstances, returned to the court room at 12:10 P.M. and then dismissed County Attorney Matthew Gallagher’s citing of the 1987 Appellate court case, saying that if the courts really felt a Certificate of Acceptance was necessary they would have said so.

Glen Hockley, in the hall after the decision, said, “the people have won this day. I will never forget it.”

Nicolai discounted the question of conspiracy against Hockley by the Board of Elections, as Hockley had claimed, saying that the notice the Board of Elections claimed they sent to Mr. Hockley, which Mr. Hockley said he never received, did not specifically deal with a candidate’s need to accept the nomination of a party.

Rather, Nicolai said, the intent of the notice(a postcard) copy advises the candidate of the last day to declaim (refuse) a nomination. Nicolai sharply rebuked Hockley’s attorney, Nelson Canter for Mr. Canter’s continuing refusal to see that distinction.

Nicolai said in reviewing the Irdine vs. Sachs case of 1987, cited by the County Attorney Mr. Gallagher as speaking to the  present Hockley case, said “that case was decided on strict construction of the law…if the legislature felt it (a Certificate of Acceptance) was as important, it would have said so.”

Nicolai said, in directing Hockley’s name be placed on the ballot,  that  running for office was “a very important right that must not be denied” unless there were very extenuating circumstances.

Commissioner of the Board of Elections, Reginald LaFayette told reporters he would be consulting with Mr. Gallagher whether or not  to appeal the Judge’s decision. LaFayette said that there were other candidates who had been denied places on ballots due to failures to supply Certificates of Acceptance in a timely manner, noting a case in Lewisboro where that also was the B.O.E.’s ruling.

LaFayette told reporters that Mrs. Hockley (Melody), when she was filing Mr. Hockley’s petitions that he had told her personally Mr.Hockley had to file a certificate of acceptance. LaFayette also said he had supplied Mrs. Hockley with a large paper clip to bind Hockley’s petitions, and advised her that she had to fill in “Mayor, City of White Plains” on the petitions, as evidence of how he had cooperated with the Hockley entourage. He said he resented Mr. Hockley’s conspiracy theories, considering how much he personally had helped Mrs. Hockley when the petitions were presented.

Hockley two weeks ago had told WPCNR that when petitions were filed, the Board of Elections had never told his representatives, including his attorney, Nelson Canter, that a Certificate of Acceptance needed to be filed.

When told of Mr. LaFayette’s contention he had told Mrs. Hockley personally that her husband had to file a Certificate of Accepance, Hockley  told WPCNR this afternoon, “That’s a bald-faced lie. My attorney was standing right beside her,” as far as giving Mrs. Hockley a paper clip and fill-out advice, Hockley said, “that’s what he’s supposed to do.”

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WPCNR PHOTOGRAPH OF THE DAY. By the WPCNR Roving Photographer. September 7:

Aspara Warrior

By Ouk Chim Vichet

Your Roving Photographer was reminded again of why artists create, when he turned the corner in a gallery at the University of Michigan Museum of Art and was confronted by this amazing sculpture. It represented the power of personal expression and imagination to say more than words can say. For the rest of the story…

The arms and torso are constructed of barrels of AK-47 rifles, triggers, handles. What is the warrior saying? What is the warrior’s message? The shock of seeing Vichet’s warrior for the first time is profoundly disturbing. It is haunting, evoking sorrow, repulsion, thought. What does the warrior say to you? What does the warrior inspire in you?

The sculpture points out the ability of one person’s imagination to state and evoke and to move us to another dimension of sensitivity.

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WPCNR POLICE GAZETTE. From White Plains Department of Public Safety. September 3, 2009 — Westchester Jewish Community Services (WJCS) Treatment Center for Trauma and Abuse was recently awarded $10,000 from the Westchester County’s Women’s Research and Education Fund to continue its collaboration with the White Plains Police Department.  The WJCS Treatment Center for Trauma and Abuse and White Plains Police Department jointly respond to women and children who are victims and/or witnesses to domestic violence. 

The number to call to seek the Treatment Center, if think you might possibly become a victim of violence of any kind, or are already a victim,  is 949-7699, extension 375, or call the police at 422-6111. The police advise persons that the Trauma Center will help them deal or even diffuse a potentially personally harmful situation.

“Recognizing that an effective domestic violence strategy goes beyond law enforcement response, the  White Plains Police Department partnered with WJCS to bring critical services to women and children who are  victims and/or witnesses to violence in their homes,” according to
Commissioner Frank Straub.

 “Through this ongoing partnership,” Straub said, “the Police Department and WCJS have taken significant steps toward breaking the cycle of violence as well as to connect victims to long and short-term services. The funding, recently awarded to WCJS will allow this partnership to continue, expand opportunities to provide critical intervention by specially trained police officers and WJCS clinicians.”

Deputy Commissioner of Public Safety Daniel Jackson told WPCNR  that no woman or child in a situation they think may lead to violence or lead to their being a victim of violence should hesitate to contact the Treatment Center for Trauma and Abuse before something happens to them. Jackson said a woman or child or man, for that matter, could call the police at 422-6111, or the Trauma Center at 949-7699, Ext 375.

“This funding allows the Treatment Center for Trauma and Abuse and the White Plains Police Department to continue the momentum of an initial project that showed much promise,” says Liane Nelson, PhD, Director of the Treatment Center for Trauma and Abuse. “The project aims to increase the capacity of police officers to work with mothers, children and families affected by domestic violence and to identify children who may be in need of intervention.”

According to Dr. Nelson, children who have witnessed domestic violence, particularly by one parent against another, frequently suffer from psychological and behavioral difficulties including trauma. These
children often feel torn between two parents and have difficulty with trust, safety and separation. Early assessment and intervention offers children a critical chance to recover and heal from the damaging
psychological effects of the domestic violence. The project also provides families with important information and resources.

An award winning program, the WJCS Treatment Center for Trauma (TCTA) provides long-term solutions to victims of violence and abuse by offering a comprehensive team and multi-service approach that has the capacity to identify and treat the inter-related aspects of violence and abuse and the resulting long-term pain and trauma of abuse experienced by women, children and families.  For more information about the project or the WJCS Treatment Center for Trauma and Abuse, contact Dr. Nelson at 949-7699 ext.  375.

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WPCNR ALBANY ROUNDS. From the Office of the New York State Comptroller. (EDITED)with Reporting by WPCNR September 2, 2009: Local sales tax revenues across New York State, including New York City, were down 8.9 percent, or $640 million, for the first seven months of 2009 compared with same period last year, according to an analysis released Tuesday by State Comptroller Thomas P. DiNapoli.

This report backs up WPCNR’s analysis of August 18 based on figures from the Department of Taxation and Finance  that White Plains retail sales continued their decline, down 12.5% year to year in the first month of the city fiscal year in July, the second straight month sales tax had declined from the previous year. This latest number continues the trend first reported by WPCNR six months ago indicating White Plains retail was running 12% behind 2007-2008 collections, and Westchester County is down 13% in sales tax through seven months.

“It’s not surprising that local sales tax revenues are down so significantly,” DiNapoli said. “Back-to-school shopping makes September a very important month for sales tax revenues. Local governments need to take a hard look at the September data. Just like the state, if local governments are not on track to meet their budgeted revenues for the year, they need to make adjustments in their spending now without placing a greater burden on local taxpayers.”

While every region of the state experienced declining local sales tax revenues, Long Island and the Lower Hudson Valley declined the most at 10.1 percent each. New York City saw a decline in sales tax revenues of 10 percent, or $285 million. The Mohawk Valley saw the least decline at 3.2 percent during the first seven months of 2009.

Counties experienced a 7.6-percent decline from January to July of this year over the same seven months last year. If this trend continues for the remainder of the year, counties may see their first annual decline in sales tax revenues in 18 years. Back-to-school shopping makes September the most important sales tax collection period outside of the holiday shopping season, making it a key month for local governments to watch.

Six counties had sales tax revenues decline by double digits: Putnam, Delaware, Westchester, Monroe, Suffolk and Saratoga. The only counties to experience sales tax revenue growth were Seneca, Schuyler, Tioga and Genesee. These increases were mostly due to payment timing issues, although about one-third of Seneca County’s 13.1-percent growth was due to new retail development.

Click here to view DiNapoli’s analysis.

Click here to download audio from Comptroller DiNapoli on this topic.

Here is partially what WPCNR reported on White Plains and Westchester County trends two weeks ago:

If sales tax does not recover significantly (and holds at the present level),  to make up that shortfall, the city would have to enact an 18% property tax increase.

The County of Westchester sales tax receipts are down 12.9% over the first six months of the county 2009 fiscal year.

Common Council President Benjamin Boykin told WPCNR in July, when the final quarter of 2008-09 fiscal year failed to meet projections of the City Finance Commissioner by $1 Million , that he is going to call for a budget review in September.

Westchester County sales tax collections in the first six months of 2009 have declined  too. The county “handle” on sales tax receipts is down 13%. The county collected $33.8 Million less in fiscal 2009 at the halfway point than the county did in 2008, according to statistics from the New York State Department of Taxation and Finance Office of Tax Policy Analysis.

The pace of retail sales projected by White Plains Week and WPCNR in the spring of this year continues to indicate key sales tax collection in the city are consistently 12 to 13% off.

On the county level the county as of midway is running $3.8 Million behind in sales tax receipts, 12.5% below the collection pace of last year after half of the 2009 fiscal year. If the retail trend continues, the county would face a $3.8 Million deficit in sales tax receipts for the year.  The county budgeted to collect $478,235,000 in sales tax for the year.

In the first six months of 2008, Westchester County collected $271,096,156.95  in sales tax. In the first six months of 2009, they collected only $237,221,726.61, a decline in receipts of 12.5%.

This combined with obvious deficits in mortgage and hotel tax collections is not a positive trend.

In White Plains if the 12.9% fall-off in retail sales  tax collections continues it means the city faces a $6 Million budget shortfall. It already has a $1 Million deficit left over from 2008-09. The city budget calls for collecting  $47,250,000 in sales tax in 2009-2010. If the 12.9% decline continues, the city will only raise $41 Million in sales tax.

However, August is the second most lucrative retail sales month of the year next to the holiday season in the second quarter, so there is hope this is just a sluggish start. To correct the nearly 13% decline in July, the city would need to generate a half million dollars more in August sales tax receipts to get back on track with their hoped-for  sales tax pace. In August, 2008, the city collected $3.9 Million in sales tax (however that was inflated by the additional ¼% sales tax added last year. The cumulative effect of a soft retail market is not easily erased.

DEPARTMENT OF TAXATION & FINANCE

OFFICE OF TAX POLICY ANALYSIS

SALES TAX MONTHLY CASH/COLLECTIONS REPORT

MONTH OF JULY 2009

                                  CASH JULY 09          CASH JULY 08    CUMULATIVE          CUMULATIVE

                                                                                                               CASH  09                 CASH   08

 White Plains City       $3,431,350.08           $3,938,113.71          $25,379,226.67      $26,641,410.77

Westchester Cty         $31,249,530.49         $35,646,779.50        $237,221,726.61   $271,096,156.95