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. | WHITE PLAINS WESTCHESTER DAILY NEWS SERVICE VISITS SINCE 2000 A.D. 25TH YEARl REPORTING THE NEWS YOU NEED TO KNOW News Service Since 2000 A.D. 2026 WILL BE OUR 26TH YEAR OF COVERING WHITE PLAINS NEW YORK USA . John F. Bailey, Editor (914) 997-1607 wpcnr@aol.com Cell: 914-673-4054. News Politics Personalities Neighborhoods Schools Finance Real Estate Commentary Reviews Policy Correspondence Poetry Philosophy Photojournalism Arts. The WHITE PLAINS CITIZENETREPORTER. TELEVISION: "White Plains Week" News Roundup, 7:30 EDT FRI, 7 EDT MON & the incisive "People to Be Heard" Interview Program 8PM EDT THURS, 7 PM EDT SAT on FIOS CH 45 THROUGHOUT WESTCHESTER AND, ALTICE OPTIMUM WHITE PLAINS CH 1300 Fighting for Truth, Justice and the American Way. TOP 10 VISITORS FROM AROUND THE WORLD :1. USA. 2.BRAZIL3.VIET NAM 4. CHINA 5. JAPAN 6.UK. 7.CANADA. 8.INDIA. 9.AUSTRALIA 10.IRELAND 11.GERMANY 12..ARGENTINA 13.BANGLADESH 14.RUSSIA. 15.NEWZEALAND. 16. FRANCE. 17.MEXICO. 18.UKRAINE. 19.SOUTH AFVRICA. 20. IRAQ.

Republicans Endorse Adam Bradley for Mayor, Arndt, Lolis, Roach for Council

Posted on June 4, 2009 by John Bailey

WPCNR BACKROOM BULLETIN. By John F. Bailey. June 4, 2009 UPDATED WITH STATEMENT FROM REPUBLICAN PARTY11:20 P.M. E.D.T.: For the first time in the history of White Plains, a political party has endorsed the opposition party candidate for Mayor.

A highly placed official of the Republican Party tonight has advised WPCNR the White Plains Republican Party has decided to “invest” in the Democratic Candidate for Mayor, current Assemblyman Adam Bradley, by endorsing him for Mayor.

The official told WPCNR tonight, Adam seems like a good man, and rather than nominate someone to oppose him, though persons were willing to run, the source said. The source advised WPCNR that Republican City Committee head, Brian Maloney had met with Mr. Bradley and on the basis of those meetings the party decided that it had to unite because of “what faces White Plains down the pike,” referring to budget problems the city is experiencing.

The source said Glen Hockley, the Democratic Councilman was interested in running for Mayor on the Republican ticket, but the party rejected him.

Asked by WPCNR whom the Republicans would run to oppose District 5 County Legislator William Ryan, the source declined to answer the question, saying the Republicans would contest Ryan’s seat but could not divulge the candidate at this time. WPCNR asked if this person had White Plains Common Council experience. The source said the Republican County Legislator nominee did not. Glen Hockley, the Councilman, long rumored to be angling to contest Ryan, has Council experience.

For Common Council, WPCNR’s contact advised that the Republicans would run two newcomers for two of the Council slates: James Arndt, a retailer with extensive experience who runs a retail operation in New York City. The second Common Council Candidate is just retired White Plains Director of Information Services, Leonard Lolis, whose retirement was disclosed just two weeks ago in the last stages of the White Plains budget approval process. Lolis has been with the about ten years.

The Republicans have decided to endorse the present Democratic Councilman Thomas Roach, for similar reasons they are endorsing Bradley. The source said the Republicans felt thecity has to pull together in this time of crisis and eliminate partisan politics for the sake of politics.

Shortly after 10 P.M. Thursday evening, the Republican Party released this statement:

Brian G. Maloney, the City of White Plains Republican Party Chairman, announced today that the White Plains Republican Party Committee had endorsed its candidates for the White Plains Common Council and the Office of Mayor of the City of White Plains for the November 3, 2009 election.

Regarding the endorsements, Mr. Maloney stated “our sentiment was that given the severe financial challenges facing our Nation, County and City, and given the fact that we are now at an important crossroad in our City’s renaissance, the residents of White Plains would be best served by puttingaside the divisiveness that has for too long marred the business of good government. As such, partisan politics must take a backseat to sound public policy focused on protecting the wallets of our residents.”

Mr. Maloney continued “in considering who to endorse, several issues were critical. The proposed candidates had to be fiscally conservative, independent thinkers and have a demonstrated commitment to serve and protect the residents of White Plains. We had no litmus test in evaluatingcandidates; instead we sought out people whose only concern is to act in the best interests of White Plains residents, not special interests, not their own self interest.”

On Thursday evening, the following candidate was endorsed by the White Plains RepublicanCommittee for the office of Mayor of the City of White Plains:

Adam T. Bradley. Mr. Bradley was elected to the New York State Assembly in November 2002 to represent the 89th Assembly District and was born and raised in Westchester County. He received his Bachelor of Arts in 1985 and his Juris Doctorate in 1989 from Pace University. Adam is also an attorney in private practice specializing in family law. He has a long history of governmenta experience and has additionally served as an Assistant County Attorney in Westchester County.

Adam currently lives with his wife, Fumiko and their daughters, Fiona and Celena in the City of White Plains.

Regarding the endorsement, Mr. Bradley said “I want to thank the Republican Party of White Plains for putting aside partisan politics and joining together in a shared goal of strengthening our city’s fiscal condition and protecting our taxpayers. I am gratified in their belief in my ability to work together with them in ensuring that we accomplish these all important goals.”

On Thursday evening, the following candidates were also endorsed by the White Plains Republican Committee for the office of White Plains Common Council:

1) Leonard G. Lolis: a registered Republican, presently works as the Director of Network Architecture, Emigrant Bank. Prior to that, Mr. Lolis worked for twenty-one years for the City ofWhite Plains in various roles, most recently as the Director of Information Services and as a Code Enforcement Officer. Born at White Plains Hospital almost forty-seven years ago, Mr. Lolis and his wife Charlene have three children, Jessica, Nicolette and Francesca.

2) James V. Arndt: Mr. Arndt is a registered Republican and is currently a store director of the CANALI retailing flagship in lower Manhattan. In addition Mr. Arndt also is affiliated with the Gorbutt Group LLC real-estate in White Plains, and sits on the safety committee of the White Plains Schools (Church Street). Mr. Arndt and his wife Rosalee live in the City of White Plains with their two children James and Abigail.

3) Thomas Roach: Mr. Roach has served as a member of the White Plains Common Council since 2002. With long roots in the community, he works as an attorney in Westchester County with a practice focused on civil litigation. Tom and his wife Beth live in the City of White Plains with their two children, Henry and Lawson, who are the Fifth generation of his family to make White Plains their home.

Assessor: Claims of Tax Increases if Commercial Rate Bill Passes– Are Untrue

Posted on June 4, 2009 by John Bailey

WPCNR CITY HALL CIRCUIT. By John F. Bailey. June 4, 20009: White Plains City Assessor, Lloyd Tasch, told WPCNR today Westchester County Association statements that a separate commercial assessment rate on county businesses, condominiums, co-ops and apartments would raise the owners’ property taxes are “absolutely untrue.”

Tasch was blunt, saying the Assemblyman Adam Bradley, State Senator Suzi Oppenheimer bill would “absolutely not raise taxes.”

Tasch characterized the WCA full-court press against the Bradley-Oppenheimer bill as an effort to preserve the lucrative practice of certiorari law, a steady source of income for law firms specializing in the tax refund claims that have shrunk city and town tax assessment rolls across the county, shifting the burden unfairly onto the homeowner.

The 2009-10 just-approved city budget documents show that in White Plains alone, the Assessed Value of the city thanks for the most-part to city-approved settlements with commercial property owners filing certioraris has declined in the last 10 years from $323.7 Million to $285.2 Million today.

In the same ten years, property owners have seen their Full Market Value increase from $4 Billion to $10.5 Billion. This has had the effect of sharply increasing city and school taxes, shifting the burden to home owners. Commercial owners through the device of certiorari suits have lowered their taxes while residential owners have had to make up the difference.

Tasch said that the separate commercial assessment ratio that would be established by the Bradley-Oppenheimer bill would have no affect on commercial property owners’ property taxes because commercial property owners property taxes on their property are “income-based” not market value based.

Should the commercial assessment ratio be enacted by the New York State and signed by the Governor, Tasch said, “I cannot raise assessments of commercial property unless improvements have been made.”

Tasch chided the Westchester County Association news releases for conveying the impression that co-operative and condominium owners would have their property taxes increased.

He said co-operatives and condominiums are not covered in the bill. He said co-ops and condominiums property tax rates are 50% less than residential homeowner rates. This is due to a special law passed by the state legislature in 1984 when condominiums were being touted by developers.

Tasch said only separate legislation could change the rate condominiums and co-ops are taxed.

All the Bradley-Oppenheimer Senate Bill (S-1706—A)does is establish a county commercial assessment ratio for major type B property, including apartments, industrial property, recreation and entertainment property, taxable community services property.”

The intent of the Bradley bill is to stop the fluctuation in the equalization rate that creates the incentive to file certioraris on behalf of commercial properties, because rising home values (presently included in the Commercial Property Market value) over the last decade lower the equalization rate.

The lower the equalization rate gets, the lower property taxes are owed by the commercial property owner, who files for a certiorari saying, “I’m over-assessed during those years, and lower my assessment.”

A separate commercial assessment ratio would prevent inflated residential home values (under current law included in computing commercial property value), from inflating commercial assessments artificially, which has created a bonanza for the practitioners of certiorari law, the last decade.

Recently, WPCNR learned that the city of White Plains does not execute forensic accounting analyses of commercial property owners finances when those owners apply for certioraris based on their profit and losses in operating their property — upon which, Tasch says, their assessment is based.

The city depends on the financial picture submitted by the commercial property owners in arriving at a settlement. It is not court-ordered. (There is of course, the implied course of taking the city to court.)

The city has for years told the public the avalanche of certiorari settlements were “court-ordered,” and based on over assessment in years past. However, WPCNR was informed by the city assessor last week, that the city settles the certioraris privately through the City-controlled Board of Assessment Review and does not have to pay interest on the refunds due the commercial owners.

Naturally, the city delays payments of “settlements” as long as possible, the Assessor explained, resulting in the property owners going to court and demanding the court order the city to pay up the refunds. That is what the city has meant when through the years they have explained the certioraris were “court-ordered settlements.”

Mr. White Plains Honored.

Posted on June 2, 2009 by John Bailey

WPCNR MILESTONES. Special to WPCNR by Peter Katz June 2,2009– Robert “Bob” Ruger, known for decades as “Mr. White Plains” because of his dedication to public service, was honored today by the White Plains Rotary Club in a special luncheon at the Crowne Plaza. He has been a long-time member of Rotary, and the tribute also served as a belated celebration of his 96^th birthday last December 24^th, and preview celebration of his 97^th birthday.

County Executive Andy Spano and Chairman of the County Board of Legislators Bill Ryan present a proclamation to Robert Ruger.All photos by Peter Katz

A parade of speakers was led by County Executive Andy Spano, who announced that today has been proclaimed Robert Ruger Day in Westchester. The gathering was reminded that Bob was born and raised in White Plains, graduating from the White Plains public schools before going on to attend college at Rutgers.

Susan Katz, Executive Director of Westco Productions, congratulates Bob Ruger, who served as President of Westco’s Board of Directors

His love of acting was reviewed, along with his early efforts in summer stock, and his career in the financial world with Dun & Bradstreet. In recent years, Bob returned to his theatrical roots as President of the White Plains-based theater company, Westco Productions.

Bob received high praise for his volunteer efforts raising millions of dollars in U.S. War Bond sales during World War II, and his dedication to serving in The Salvation Army. It was noted that Bob still lives in the White Plains house in which he was born.

Mayor Joseph Delfino of White Plains congratulates honoree Robert Ruger at the Rotary luncheon.

Mayor Joe Delfino recalled serving on the Common Council alongside Bob in the 1980’s. He lauded Bob’s dedication as a Councilman, remembering that even on weekends Bob would walk the streets of the city picking up trash and removing unsightly and illegal advertising signs from telephone poles and roadway medians. Even today, Bob still serves the city as Chairman of the White Plains Traffic Commission.

Honors from the Governor, State Assembly, U.S. Congress, U.S. Senate and others were presented to Bob. After a prolonged standing ovation, Bob thanked his fellow Rotarians and the guests who attended for staging a memorable event.

Left to right, White Plains Senior Traffic Planner Ed Oliva, White Plains Traffic Commissioner Tom Soyk, Robert Ruger, Common Council member Milagros Lecouna.

Bradley Not Astonished WCA Would Oppose Separate Commercial Tax Rate for County

Posted on June 2, 2009 by John Bailey

WPCNR THE HOUSING NEWS. WPCNR Interview with Assemblyman Adam Bradley. June 2, 2009: Assemblyman Adam Bradley speaking to WPCNR this afternoon from his Albany office, said, in reaction to a statement released to the media today by the Westchester County Association stating they would meet privately with New York Senate leaders to oppose Mr. Bradley and State Senator Suzi Oppenheimer’s Bill, passed by the Assembly, that would establish separate commerical tax rates for communities only in Westchester County.

Assemblyman Adam Bradley, Property Tax Relief Crusader, says Westchester County Association self-serving, ignores public benefit of separate Commercial Tax Rate. WPCNR News Archive

“I’m astonished. That’s not surprising in that they (Westchester commerical property owners) have enjoyed the benefits of tax certioraris for years. Our bill applies only to the computation of tax certioraris (applications to reduce the property assessment of commercial property), it does not raise business taxes,” Bradley told WPCNR. “The bill will be of great benefit to our residential homeowners, school districts, and cities, who have been getting hurt by tax certioraris over the years. The bill will not raise any current commercial assessments. It limits the (commercial property) owners’ ability to get taxes reduced, simply because they are lumped in with all residential assessments.”

Bradley said the bill if passed by the Senate and governor would stop certiorari applications considerably, and stop the bleeding of tax assessments from the city and town tax rolls throughout the county of Westchester County. He pointed out that New York City and Nassau County already have separate Commercial and Residential Tax Rates.

Bradley cautioned “The public needs to be careful about what all interest groups say about legislation. They focus only on how (new legislation) impacts them. Is it better for me or worse for me? Westchester County Association is a very thoughtful organization. But, I recognize they are a special interest group for the business community.”

Bradley said as long as he had not put the separate Commercial Rate bill out on the Assembly floor, the WCA was not interested in it. This year, he said, he put it out on the Assembly floor, because he saw with a Democratic Senate, there was a chance to pass it.

County Assoc, Prop Tax Reform Advocates Fights Bradley Commercial Assmnt Bill

Posted on June 2, 2009 by John Bailey

WPCNR THE HOUSING NEWS. Statement From the Westchester County Association. June 2, 2009: The Westchester County Association (WCA)-the area’s preeminent business membership advocacy group- today said that the New York State Senate will hold consideration of the Commercial Assessment Ratio Bill (A.4588A-Bradley/S.1706-AOppenheimer) until it receives input from a special private meeting that the WCA will have with representatives from the county’s commercial real estate industry on Wednesday.

Bill Mooney, Executive Director of Westchester County Association, far right, Alfred Del Bello, second from left, with County Executive Andrew Spano, far left, and developer Robert Weisz at a May 7 news conference. WPCNR News Archive Photo

The bill, which passed the New York State Assembly last week, applies only to Westchester and affects commercial property as well as many multi-family residential properties in the County. Al DelBello, WCA Chair, stated, “It would increase the tax burden to many business properties, which will add to the already fragile business climate in the County. If businesses are unable to remain viable, their exodus will have major negative consequences for all taxpayers.”

William M. Mooney, Jr., WCA President, noted “Over the last several days, our office has received numerous calls from business leaders seeking the WCA’s assistance in stopping this measure from passing. If it becomes law, it will cost commercial real estate owners and their tenants hundreds of millions of dollars in additional property taxes which will have a devastating impact on our economic vitality, something we can ill afford, especially in this climate.”

He said that there will be a meeting of the key area’s developers, corporate facility managers, property owners and a wide spectrum of others in the commercial real estate industry on Wednesday morning at the WCA offices. The delay in voting by the Senate will give the WCA an opportunity to convey the message from this meeting to the Westchester delegation.

Mooney continued: “We are deeply disappointed by the hasty vote in the Assembly and are appreciative of the Senate willingness to wait so that Westchester’s commercial real estate can be fully heard on a matter of this magnitude. Minimally, we would have thought the Assembly would have come to us and enabled us to give the commercial real estate industry an opportunity to be fully heard. We look forward to quickly sharing the recommendations with the Senate that will result from this meeting. We are hopeful that the Senate will not follow in the footsteps of the Assembly and defeat this ill conceived bill that singles out our county with an onerous tax burden.”

Al DelBello added, “The WCA is continuing its strong advocacy role on behalf of the Westchester businesses and taxpayers. We took strong exception to the punitive MTA payroll tax recently passed and seriously hope that our elected officials in the Senate will take this opportunity to listen to what the taxpayers are saying and not pass this current legislation.”

White Plains WRO Counselor Helping 30 WP-ers Work Out of Foreclosure. Rate Slows

Posted on June 2, 2009 by John Bailey

WPCNR THE HOUSING NEWS. June 2, 2009: White Plains Commissioner of Planning Susan Habel advised WPCNR today that Westchester Residential Opportunities special White Plains foreclosure advisor funded by the city, is currently handling 30 active cases of White Plains home owners in danger of losing their homes. Habel said as of today there are 45 cases being handled by the advisor, funded by the city last October at a cost of $30,000 to work only with White Plains residents. It was a city effort to deal with the rising tide of foreclosures which began one year ago.

Habel said the number of foreclosure-endangered appeared to be dwindling. By month, she said, 6 were aided in January/February; 8 in February-March; 6 in March-April; 4 in April-May, 3 in May. She said the number of new mortgage foreclosure actions in the city limits was not “increasing significantly.”

She said the counselor came on board at Westchester Residential Opportunities in October last fall. She described the 45 families (which works out to about 6 families a month, as having “multiple bank problems” and the counselor was dealing with families in “all different stages” of the foreclosure progress, the number one procedure being loan modification. “Lots of times, she (the counselor) works out short sales of the homes for them,” Habel said.WRO is working with Countrywide, Wells Fargo, Wamu, and other financial institutions on behalf of these persons, ranging from negotiating, to finding them an attorney.

ONE ENRICHING EVENING – GALA INJECTS $50,000 STIMULUS INTO WPPAC. Surplus Seen.

Posted on June 2, 2009 by John Bailey

WPCNR STAGE DOOR. WPCNR Interview with John Ioris Chair of the White Plains Performing Arts Center Foundation. June 2, 2009: One Enchanted Evening, the first White Plains Performing Arts Center fund-raiser in two years gave the beleagured White Plains city theatre a fresh start last night, raising according to its Foundation Chair, over $50,000 towards next year’s season.

HONOREES AT WPPAC ONE ENCHANTED EVENING GALA : (L to R, Event Co-Chair Ann Bernstein, Honoree Isabel Villar, Honoree Marsha Gordon, Event Co-Chair, Susan Egginton, Honorees Barbara and Richard Dannenberg, and WPPAC Chairman John J. Ioris. Photo, Courtesy, White Plains Performing Arts Center

John Ioris, right, and Jack Batman,left. WPCNR News Archive

John Ioris, the Chair, indicated that the WPPAC’s Executive Producer, Jack Batman would continue to be the driving creative force as the theatre moves forward, and that the number and scope of the fall season productions depended on further fundraising efforts. Ioris tentatively held out hope the current season ending would produce the theatre’s first surplus.

The $125 a ticket benefit held at the WPPAC opposite the White Plains Common Council meeting, filled the theatre close to capacity with a last minute walk-up sale according to John Ioris interviewed by WPCNR today. Ioris called the show produced by Executive Producer Jack Batman and featuring a luminescent lineup of Broadway stars and WPPAC performers a fabulous production.

He said receipts were still being counted from the last minute sales, the silent auction receipts, and raffle as of this morning. Irosis and estimated the benefit’s handle to be $50,000 plus. The 2009 Mercedes Benz C300 Sport Sedan was not given away, Ioris said, because the 1,300 Raffle Ticket threshold (at $50 each) needed to present the motor car was not reached.

Yes, there will be a 09-10 Season

Ioris said the Executive Committee for the Foundation would meet next week to strategize on what kind of productions will be produced in the 2009-10 season for the theatre. Ioris said the theatre was wrapping up its books on the current year and thanks to the Gala, and the savings achieved by postponing the last production of the current season, Hello, Dolly!, the theatre may show a surplus for the current year – which would be the theatre’s first “profit.”

Ioris, commenting on the upcoming Executive Committee meeting said of the fall season, “ We have to make sure it fits our business model (financially), in the number of shows produced and the size of shows.” and the schedule will be announced “a few months out.”

Batman Returns

Asked if Jack Batman, the architect of any success the theatre has had in its six years, would return in a producing role, Ioris said , “he’s still here. He’s never really been out of the picture, and he’ll be directly involved in planning the new fall season.”

Ioris did not indicate what Batman’s official title would be moving forward or elaborate on his role.

Foundation Presses On Running the Theatre. City Contract Runs 4 More Years

WPCNR asked if the city had any plans to relieve the current foundation as operators of the theatre. The White Plains Performing Arts Center Foundation as a contract with the city to operate the WPPAC for four more years (having a ten year contract awarded in 2003).

Ioris said, “We’re going to be around a long time. We’re not going anywhere.”

Cue Dolly

Ioris said “we’re currently figuring how and when we are going to produce Hello, Dolly! Refunds for season subscribers and ticket purchasers had been offered on the show when it was postponed officially two weeks before its opening scheduled for April 30. The theatre had asked subscribers to not ask for refunds to support the theatre and at assured them the show would be eventually produced at a future date.

Ioris praised the work of Ann Bernstein and Susan Egginton as Co-Chairs for their work in making the gala a fiduciary hit for the theatre. “They did a terrific job,” Ioris told The CitizeNetReporter. “Subscribers came out and supported us. They were throwing checks to us at the door. They supported us.”

Ioris promised more fundraising efforts in the near future, saying the WPPAC is looking to raise a $500,000 budget.

Monday evening’s soiree honored Barbara and Richard Danneberg, Dr. Marsha Gordon, President and CEO of the Business Council of Westchester and Isabel Villar, Founding Executive Director of El Centro Hispano, Inc.

The entertainment was followed by an After Party at the 42 Restaurant, hosted by Chef Anthony Goncalves.

Who Can Idle and Who Cannot Idle? (Automobiles, That is!)

Posted on June 2, 2009 by John Bailey

WPCNR ON THE ROAD REPORTER. June 2,2009: A funny thing happened on my way to a news conference yesterday, I noticed a large SUV idling in the City Hall parking lot, while its driver, a city employee, was conducting a conversation with another highly ranked city employee. The conversation went on for a good five minutes or more.

When the motorist started up, I pointed out that the recent Westchester County “anti-idling law” appeared to have been violated. The driver said the idling law did not apply to city vehicles, (which as any observer can tell you), do a lot of idling. I checked with the Westchester County Department of Communications which clarified the idling law for you idlers out there across Westchester County who are public employees.

Here are the guidelines from Victoria Hochman of the county Communications office:

Yes, the idling law would apply to City-owned vehicles unless the vehicles met one of the exceptions provided under the law.

For example, the law states that it does not apply to hybrid-electric vehicles idling for the purpose of providing energy for the battery or other form of energy storage recharging and it does not apply to electric vehicles. See Section 873.1317(3) of the County Sanitary Code.

Also, the law does not apply to fire trucks, police, emergency medical services and other emergency vehicles and equipment while performing in the scope of their duties. See Section 873.1317(5) of the County Sanitary Code.

Unless City-owned vehicles met one of these exceptions, the idling law would be applicable to such vehicles.

Other questions about the idling law in Westchester County are answered on this fact sheet from County Legislator Tom Abinanti:

Question. What is the county law’s idling limitation?

Answer. The county’s anti-idling law limits the time any motor vehicle in Westchester County

may idle, when the vehicle is not in motion, to three consecutive minutes.

Question. Are there any exceptions to this idling limitation?

Answer. Yes. The most common exceptions to the law are when:

1. The motor vehicle is stopped because of traffic conditions which the driver has no

control over;

2. The temperature is 32 degrees Fahrenheit (0 degrees Celsius) and the motor vehicle is

not powered by a diesel engine (i.e., trucks and buses);

3. Emergency vehicles and equipment, including fire trucks, police cars, ambulances and

other emergency vehicles and equipment are being used in the performance of their

duties;

4. The engine is being used to provide power for an essential auxiliary purpose or is

required for the purpose of maintenance (i.e., ice cream truck to control temperature

for ice cream, tow truck loading or discharging vehicle, vehicle inspections);

5. A hybrid electric vehicle is idling to provide energy for the battery; or

6. The motor vehicle is an electric vehicle.

WESTCHESTER COUNTY LEGISLATOR TOM ABINANTI’S FACT SHEET 02/26/2009

ON WESTCHESTER COUNTY’S ANTI-IDLING LAW Page 2

Question. What are the penalties for violating the county’s idling law?

Answer. Since the County’s idling law is part of the County Sanitary Code the penalties for

violations of the idling law can be found in Sections 873.218, 873.219 and 873.220 of the Code

and include, for a first offense, a fine not exceeding $250.00 or imprisonment not exceeding 15

days, or both; and for a second or subsequent offense, a fine not exceeding $500.00 or

imprisonment not exceeding 15 days, or both.

Question. Who is required to enforce the county’s idling law?

Answer. The county’s idling law must be enforced by the County’s Department of Public Safety

and may be enforced by all law enforcement officers in Westchester County, including

enforcement officers authorized to enforce the New York State Vehicle and Traffic Law. The

law may also be enforced by municipal traffic and parking enforcement agents if they are

authorized by the municipality to issue appearance tickets.

Question. When an appearance ticket is issued for a violation of the county’s idling law by

law enforcement officers or enforcement agents where is it returnable?

Answer. The appearance ticket issued for a violation of the county’s idling law is returnable in

the local court of the jurisdiction where the violation occurred.

Question. Are motor vehicles that are on line for drive-thru banks and other drive- thru

services (i.e., coffee, dry cleaners) subject to the county’s idling law?

Answer. Yes. However, the law is only violated if a vehicle is idle for more than three

consecutive minutes. If the motor vehicle continues to move in the drive-thru line every three

minutes or less there will be no violation.

Question. Are school buses on school property subject to the county’s idling law?

Answer. Yes. The county’s anti-idling law has applied to motor vehicles powered by diesel

engines since 2006. The current changes to the county’s anti-idling law have expanded the antiidling

law to all motor vehicles in Westchester County.

Question. Can I idle my motor vehicle for more than three minutes in order to assist in

removal of ice or frost on my window, or to warm the vehicle?

Answer. Maybe. The county’s anti-idling law includes an exemption during temperatures

below 32 degrees Fahrenheit (freezing), thus allowing vehicle idling during freezing conditions

typically associated with icy windshields and the need to warm the vehicle

Council Holds Off Winbrook Zoning; LCOR/Longview Garage Projects Drain $362,659

Posted on June 2, 2009 by John Bailey

WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey June 2,2009: The residents of Winbrook got a first public look at preliminary reconstruction plans for the Winbrook complex. The design shown below was followed by Executive Director of the White Plains Housing Authority, explaining the project and where it stood, and closed with WPHA counsel, William Null, explaining to the council that the WPHA needed the council to pass the zoning paperwork to pave the way for more detailed design of the project. The council voted to adjourn the public hearing and resume it on July 6.

Overhead View of Winbrook Makeover Preliminary Design Shown at Monday Evening Common Council meeting. Street to left of picture is South Lexington Avenue, targeted for affordable, moderate, middle income housing and retail according to the requested zoning “cosmetics.”

Six new buildings each about 11 stories are proposed with underground parking. The recently completely White Plains Housing Authority Headquarters would likely be raised and moved to one of the new structures. The new buildings are to be built one at a time. The attorney for the Housing Authority said Council approval of the zoning cosmetics needed to pave the way for the mixed use project rebuild was necessary before a developer could be selected from among 30 applications received thus far.

Commuter Parking Lot on Bank Street to Close: Boykin.

Property Taxes, Loan Interest Cost City $362,659 in State Urban Renewal Capital Grant Money.

In another intriguing development quietly passed on the consent agenda, and not explained in any depth on last night’s telecast, Council President Benjamin Boykin advised White Plains commuters the Bank Street lot will closed by July 31, requiring commuters now using that open air lot by ther Metro North tracks to make other parking or station arrangements.

55 Bank Street Commuter Lot shown adjacent to MetroNorth tracks, one year ago. (Presently it provides about 300 parking places for daily commuters. The lot was sold to LCOR for $16.5 Million, to build the 55 Bank Street 500-unit plus 20% affordable housing project, with the city responsible for property taxes on the commuter lot until the building project began. Project has been stalled due to credit market freeze up and city is left holding the bag on property taxes, necessitating burning $116, 560 in property tax payments

On the consent agenda, the city agreed to fund property tax payments for the use of the Bank Street open air commuter parking lot (due to a shortfall in revenues from the commuter lot, according to accompanying Urban Renewal Agency work), The council authorized transfer of Urban Renewal Capital Grant Funds would have to pay $116,560 in property tax payments on the LCOR commuter parking lot property, due to LCOR’s inability to get the project financed in a timely fashion, and revenues not meeting property tax obligations on the property, which the city had agreed to pay.

Longview Garage Burns Interest

In a related development involving similar dashed expectations of a much ballyhooed city project, the Common Council approved using the New York State Capital Grant fund to pay $246,099 in interest on the Cromwell place property bonds used to purchase the property for $4,000,000 to arrange to build the Longview Avenue Garage (at a bond cost of $19 Million). The city has been unable to sell the Cromwell Place properties acquired to build the Longview Avenue Parking garage for White Plains Hospital Medical Center so the city has been unable to pay off the $4 Million loan on the property through a sale the city thought would take place by now, covering the bond expenditure — according to council meeting documents supplied with the agenda to the press.

The economic crisis of the last 11 months, have resulted in a Washington D.C. and Albany delay in acquiring HUD approval of the project to be built by Kensington Properties. A public hearing for July 6 was scheduled for yet another site plan extension on the troubled Kensington project.

Early yet, but Assessor Expects $5 Million drop in assessment roll in 2010.

Posted on June 1, 2009 by John Bailey

WPCNR THE HOUSING NEWS. By John F. Bailey. June 1, 2009: The Common Council tonight will approve payment of tax certiorari refunds totaling $228,010.82 which have lowered the assessment roll $769,600, according to Common Council “backup documents.” City Assessor Lloyd Tasch told WPCNR that the lowered assessments have already been reflected in the current 2009-10 Assessment roll, (sitting on $185.2 Million).

Tasch said it is very early yet, but he anticipates that the 20010-11 Assessment Roll can be expected to drop about $5 Million. He said he expected another substantial increase in home assessment challenges and new commercial assessment challenges that would confront the city and impact the 2010-11 tax roll.. He thought that a $10 Million drop in assessment was over pessimistic at this time.

In 2007-2008, the equalization rate declined from 3.24 to 2.75, a decline of 15%, resulting in a decline in assessed value of 2%, and reducing the assessment from $296 Million in 2006-2007 to $289.9 Million in 2007-2008. Applying that relationship to the 15% decline, one might expect the roll in 2010-11 to come in at $5.7 Million less, dipping to $279.5 Million. Tasch cautions that it is way early to lock in and count on that 5 Million drop.

The last time the equalization rate dropped by 25% was 2002-2003, which resulted in a $13 Million reduction in the assessment roll two years later in 2004-05, from $317 Million to $304 Million..

Asked whether tonights refunds were court ordered settlements, or city-negotiated settlements, Tasch confirmed they were city-negotiated outside of the courts, but the courts have ordered the city to pay them because the aggrieved parties have petitioned the courts to speed up the city payment because they allege the city is taking too long to pay them.

Asked by WPCNR if, in negotiating the settlements with certiorari filers whether the city brings in forensic accounting experts to evaluate the filers books, Tasch said no. He said the city and its negotiator compare filers’ books with the results of like properties to arrive at a settlement. Tasch noted that no municipality, in his opinion, has the financial resources to pay for a forensic audit of the books of commercial property owners books.

Tasch said the city is not required to pay interest on the certiorari refunds.

Big winners in the latest city certiorari payouts to be approved tonight are:

1.Prudential Insurance Company of America receiving a $318,000 Assessment Reduction for the year of 1994/95 reducing their assessment from $718,000 to $400,000 for 1999 North Lexington Avenue (The Gateway), and a refund of $27,334.20

2. Post Broadway Associates, owners of 51 South Broadway for tax years 2006/07 through 2008/09, a $97,500 reduction in assessment to $152,500 (from $250,000), resulting in a refund of $41,480.51.

3. Saturn of White Plains for the years 2002-/03 through 2008/09, for $69,715.17 and a reduction in assessmentof $93,500 to $106,500 (from $200,000 previously).