WHITE PLAINS CITIZENETREPORTER 3,374,995 VISITS IN ONE YEAR—65,000 VISITS A WEEK BY 985,281 VISITORS

Hits: 0

WPCNR STAGE DOOR. By John F. Bailey. April 12, 2007: The Cathedral City, California  High School Symphonic  Band and the White Plains High School Concert Band presented an impromptu concert Wednesday afternoon at White Plains High School delivering a state-of-the-arts message of sound, effort, and excellence  thanks to the efforts of  high school pals, WPHS Music Teacher, William Tonissen, director of the WPHS Concert Band and Gregory Whitmore, Director of Bands in Cathedral City.

 

William Tonissen of WPHS Music, left, and Gregory Whitmore, College friends at the University of Michigan, now with bands of their own put on a concert with their two bans at White Plains High Wednesday.

Mr. Tonissen and Mr. Whitmore went to high school together, attended the University of Michigan together, and now deep into their careers reunited with their respective bands on the WPHS stage so their bands could play together just for the fun of it.

Cathedral City High’s Symphonic Band was making an appearance in Carnegie Hall Monday and when Mr. Tonissen found out he invited his longtime friend to bring his Cathedral City students up to White Plains High School as guests to play for his students, and get the bandmembers together. The White Plains Concert Band which Mr. Tonissen directs played a series of selections first while the 55 CCHS students listened. This set the stage for the CCHS performance.  The Band showcased their range of light classical to rollicking dance as their last piece, demonstrating the pieces  White Plains is known for – selections highlighting the styles of each section – the palette of the orchestra effect.

Maestro Tonissen conducts the WPHS Concert Band for his guests.

And they take a Bow to the enthusiastic applause of Cathedral City’s musicians

Then to the applause of the Cathedral High Students, the WPHS musicians left the stage and CCHS took over the stage. They began with a swell of sound from brass, from woodwinds….from bassoons….from flutes….and percussions with each section warming up individually, capturing the attention of the audience even before they started to play. With their conductor Mr.Whitmore listening to each section as if in thought, the band introspected into their tone as they warmed up. The warmup, an exercise I had never seen or heard was a “scene-setter” for the music they were about to play.

 

Maestro Whitmore warms up the Cathedral City musicians.

Then they began to play and music lived as it was meant to live. Rich, precise canopies of colorful sounds and feelings were voluptuously and elegantly projected flowing over the audience like the sea. Those who heard their 20 minutes of three selections will not soon forget the tempos, the power and the precise control of this band – unaided by studio, but just playing music that flowed into one’s spirit.

As I listened to these magnificent high school musicians play, I was reminded of the power of a mighty express train all parts working together,  starting slowly, accelerating, surging, sweeping all and impressing all who see it and it passes with its dedication and demonstration of superb achievement. The bassoons  delivered poise and gravity and sensitivity. The percussion in intricate disp lay of rhythm on sticks, castenets, and sound effects especially on the last selection delivered high drama and dash. The woodwinds, flutes and brass played with the passion of stallions racing across the plains, even in their most sensitive of moments, not letting you forget their power. Rarely even in professional performances have I heard the clarity, depth, delicacy of expression, and authority in a musical statement as I heard yesterday.

The WPHS Concert Band members were highly impressed, one member said he loved the warmup that the Cathedral City Band used. To the audience member, this warmup is a concert before a concert where each section takes a star turn and gets into their zone.  Another member said, “You know I thought we were good,” in appreciation of what he had just heard.

Mr. Whitmore, one of the Catherdral High parents accompanying the band on their East Coast appearance, said has built the band program in the schools in six years, involving parents – and building a dedication on the part of his students that is amazing.  The parents WPCNR spoke with said the band members practice about 2-1/2 hours a day during the school week.

The Cathedral City music program bands, Marching, Symphonic and Jazz have won numerous awards  since Mr. Whitmore has been supervising the programs.

 

Afterwards, Theresa Niss, (center) Administrator of the Art and Music Curriculum at WPHS, said the band’s articulation, rhythm and was “right on,” and congratulated them on their performance.

Mr. Whitmore presented the high school with a plaque thinking them for their hospitality. Then members of both bands mingled and talked music.

Only one thing more could have been b etter…a combined concert mingling the two bands. Someday soon.

Hits: 0

WPCNR WHITE PLAINS LAW JOURNAL. From Dennis Power, City Councilman, White Plains (Edited). April 11, 2007: The White Plains Board of Ethics, after a thorough inquiry, has dismissed the complaint against  Dennis Power  by Eleanor McDonald, Chair of the White Plains Conservative Party.  Her counterpart, the Republican Party Chair, made similar politically-based complaints to various agencies, as indicated in the Board’s lengthy report.

Mr. Power has issued the following statement on the decision:  

 

I am gratified that the Board dismissed the complaint, found no intentional or knowing violation of the White Plains Ethics Code, and that:

·        my “former position with the Office of Economic Development was not incompatible with [my] services as a member of the White Plains Common Council.”  (p. 19)

·        The two positions I held (the part-time position as Council member and my former county position) “did not, as a general matter, present a conflict under Section 2-5-109(g) of the White Plains Code” (which bars conflicts in private employment).” (p. 19)

·        My vote to waive a 30-day period to have the City object to a project that the County was considering did not create a knowing or intentional violation of the Code. (p. 20)

 

It is relevant that with respect to that vote, although the Board would have preferred that I disqualify myself, the Board also notes the full disclosure I made with respect to my participation. It is also important to note that the vote by the Council was unanimous and was based on the recommendation of the Law Department.

 

The Board of Ethics has also stated that “there does not appear to be a potential for future conflicts with respect to Common Council votes on General Municipal Law Section 923-a or other IDA-related matters.” (p. 21)

 

The Board reiterated that

 

nothing in Councilman Power’s past position warranted recusal from the City of White Plains’ budgetary process. In addition, at present, this Board is not aware of any conflicts, let alone “substantial and inevitable” conflicts, that could arise by virtue of Councilman Power’s employment by the Department of Environmental Facilities. (p. 21)

 

To the extent that the Board suggests that I seek an opinion when, in the future, any issues arise that might pose a conflict, I am pleased to accept the Board’s views, and I too am confident that in my present position with the County there does not appear to be a potential for future conflicts. 

 

At no time in my former position with the County did I believe there was a conflict, and my former supervisors made it clear to me that regardless of any position taken by the County on IDA-related matters, I was expected to be totally independent in my role as a member of the White Plains Common Council.

 

Once again, I am grateful that the Board has conducted a full inquiry and has exonerated me in the face of hostile and unfair allegations. I fully expect that the complainants will look for out-of-context words and clauses in the Board’s 23-page, single-spaced report to find material they can use in the next campaign just as they and their candidate did in my last campaign.

 

I thank the Board for its careful attention to the issues raised, and I hope the Board and the Common Council will work together to consider amendments to the existing Code that would give greater notice to public officials as to when disqualification is appropriate. Regrettably, a single word, such as “Conflicts” simply does not do much to provide such notice.

 

Moreover, for every advisory opinion issued by the State that warns of a conflict, there are others that permit participation by office holders who hold other government positions. So, those opinions cited by the Board are decidedly unhelpful in providing notice as to conflicts when the facts are totally different.  It would make far more sense for the White Plains Code of Ethics to offer clearer standards. 

 

One final note: The report of the Board stated that Ms. McDonald’s complaint alleged that I was advised by the County Attorney to seek an opinion from the White Plains Board of Ethics.  That allegation by Ms. McDonald was false. If the County Attorney had advised me to seek an additional opinion, I would surely have done so. 

 

 

 

Hits: 0

WPCNR MR. AND MRS. AND MS. WHITE PLAINS BUSINESSPERSON POLL. APRIL 10, 2007: When “The Councilman in Exile,”  William Waterman, owner of 88 East Post Road publicly exposed the shallow effort the BID made to inform the 200 property owners in the Lexington Avenue, West Post Road, Maple Avenue and Bloomingdale Road sections that they needed to inform the city if they did not want to join the BID, it exposed the fact that the BID is just looking to add little over $1 Million to their budget and sink their teeth into the rich, BID-free properties along Maple avenue.

The jury is still out on how many property owners will reject the BID expansion, however unless over one hundred of the owners object, it’s going to go through. To get the form to object, they need simply to call up the City Clerk and the Clerk will send you a form.  In the interest of seeing a public accounting on this…we invite the public to vote in the BID poll at the right.

And, in the interest of improving BID performance, WPCNR has dreamed up a number of suggestions that could if executed correctly with the extra million dollars they are expected to enjoy from assessing new properties like Fortunoff, the White Plains Pavillion and Crowne Plaza, in addition to their poor outlying cousins and relations on West Post Road. I have been watching the BID for a long time, and after you vote on whether the BID should expand down West Post Road, you might indicate what of  the new initiatives I have dreamed up that might be made by the BID might do for all members of the Downtown Business Improvement District.

The suggestions are:

 

Option 1 & 2: Straight up answer as to whether or not you think the BID should expand

Option 3:  BID SHOULD ISSUE FINANCIAL REPORTS OF MONEY SPENT BY AREA, MONEY GENERATED FOR ITS MEMBERS. The BID should issue annual financial reports measuring the health of businesses in its district, including, vacant spaces, success of new stories, properties available, growth and annual contributions of gross receipts. However, the lack of believable publicity generated by the BID office on the events they do execute (how about year-to-year business figures by business on sales on the days the BID has events),  may be the reason I am not aware of any others. Other than sweeping the streets and the Downtown Ambassador program, that are hyped at every term as being good for the downtown — but the generally make merchants feel the BID is working for them and is there for them — and who knows they might make some more money.

Option 4: BID SHOULD ISSUE Case Studies of Bizes Helped: Wouldn’t it be great if the BID told us success stories of individual businesses in terms of profits before and after, how the BID has helped them? I have never seen one of these, though I am sure they exist if the BID says it consults and helps businesses. The BID needs to tell this story and is moving into an area in need of this kind of help.

Option 5: BID SHOULD APPOINT LATINO/BLACK LIAISONS. This would be a marvelous way to begin the outreach to their new Lexington Avenue, West Post Road, Maple Avenue constituents if the BID expansion is not denied. If you’re going to be working with Hispanic and Black merchants in that area, what better way to start?

Option 6: BID SHOULD LIAISON IN WEST RENAISSANCE:  The on-again, off-again West Side Rennaissance involved housing, street ambience and revitalization of the area. The BID if it wins endorsement of the majority of the owners has to be involved in making that happen. So far they appear to be a non-player because this is not their district.  If the owners decide by default (not objecting) to join the expanded BID district, the BID needs to take a strong role with the city dealmakers on how that is developed. We will see.

Option 7: BID SHOULD REPORT MONEY GENERATED BY EVENTS STAGED: We have never seen financials from the BID on the costs of their promotions and the traffic generated by business in the downtown WHEN THEY TAKE PLACE, and moneys spent on Mamaroneck Avenue, North and South, Main Street and side streets in the BID District. We only have highly optimistic estimates of crowds brought into the downtown on the Taste of White Plains, the New Year’s Eve Ball Drop, (and if I have forgotten any promotions, I apologize). These reports may be generated internally — but let’s see how these promotions pay off.

Option 8: BID SHOULD INVOLVE MORE YOUTH IN BID SERVICES: Every once in awhile we see activists cry out for city employment of youth. Well the BID hires Ambassadors — but they could do more, a lot more. They could provide an employment service among BID members…which, for all I know, they may be doing. But, why don’t we know about it, if they are. Heck, the BID instead of their meanspirited campaign against the homeless could make a difference with the homeless by offering employment, street sweep jobs, instead of treating them like lepers. It is not nice to play politics with the down and out.

Option 9: BID SHOULD OPEN A WEST SIDE AND EAST SIDE OFFICE: Do you know where the BID office is? I know. It is on the upper floor of Louis Cappelli Headquarters, 14 Mamaroneck Avenue — off the street. It is very nice, but if the BID really wants to reach out to the newly expanded BID District if the owners opt in by not objecting — they should open a street front office to welcome and interact with the new merchants. They also should get out of 14 Mamaroneck Avenue and get on the street where they belong. At least the county tourism office is on the street.

Option 10: BID SHOULD TAKE OVER CITY PUBLIC RELATIONS: Other than the occasional magazine slick in the Gannett newspapers, the city does a lousy job of promoting itself. The BID should do this for the downtown — and without building up a payroll staff. The BID sends out a newspaper…but hey, how do they promote vacant properties and attract business to the downtown.

Option 11:BID SHOULD PREPARE PROFILES OF DISTRICT ECONOMIC AREAS:  New York has its Tribeca, SOHO, Chelsea — the BID should look at the unique zones in their White Plains district — how about “The Stroll” (Mamaroneck Avenue bars), “White Plains Way (City Center)”, “Ritz Way” “Tango” (After the restaurant-Hispanic restaurant area), Easterly (Bloomingdale Road) and “Lexi” (for Lexington Ave and West Post Road after it’s been rennaissanced with jazz bars, soul food, and theme bars — just some off the top of my head suggestions– that would glamorize the areas and give them cache.

Option 12: BID SHOULD WRITE PROFILES OF EVERY BUSINESS IN THEIR DISTRICT: Then you could promote them all better to newcomers, etc. If they are doing this now, then why don’t we know more about it. The White Plains Times promotes businesses more than the BID does.

 

Hits: 0

WPCNR BUMPER TO BUMPER. From Don Hughes. April 10, 2007 (Edited): The Department of Transporation has a lane shift coming on. The traffic shift is designed to facilitate a larger work zone at the center median of this bridge to facilitate the first stage of demolition, which is scheduled to begin soon.  On Monday night (04/09), during an overnight shift, striping will be conducted facilitating the Tuesday night (04/10) overnight shift, wherein barrier
will be relocated to affect this new traffic configuration. 

The traffic shift will result in all three lanes of eastbound mainline traffic in this area being moved toward the right shoulder, by approximately one-half lane width.  


In addition, a temporary pedestrian bridge, to be located just to the west of the
Broadway/Route #22 Bridge, is scheduled for installation either at the end of this
week or some time the week following.*This temporary facility is being provided
to facilitate pedestrians wishing to cross over I-287 at this point during the
reconstruction of the Broadway/Route #22 Bridge.  Please note that this
temporary pedestrian bridge will not be open for use by the public until
necessary preparatory work has been completed, a few weeks following this
installation.        

These operations will require periodic traffic stoppages and brief lane closures.
While local residents may notice an increase in activity in this area as a result of
these operations, every effort will be made to minimize any potential any
impacts.  

Please note that all intended dates and timetables listed within the text of this
advisory are subject to change due to inclement weather conditions and/or
logistical issues.  Please be assured that if scheduled operations should be
delayed for any reason, they will be rescheduled for the next available
opportunity.  In this context, we thank you for your patience and cooperation as
these roadway improvements progress.  Please contact the Project Community
Liaison @ (914) 253-0595 should you have any questions or concerns about this
operation. 

Hits: 0

WPCNR THE BID NEWS By John F. Bailey April 9, 2007: The key form Property Owners need to object to including their property in the new proposed extension of the Downtown Business Improvement District  to West Post Road, Lexington Avenue, Maple Avenue to Bloomingdale Road will be mailed on telephone request to owners who want the form, the City Clerk said today.  

 

Objection! Previously this form required to file an objection to having your property join the Expanded BID District,  was only available to owners  at the City Clerk’s Office, and, WPCNR has learned the key form to object to BID expansion was not distributed by mail when the public hearing was announced, nor procedures to object explained comprehensively. Photo, WPCNR News.

 

It  was announced today by City Clerk Anne McPherson that the Objection Forms are obtainable by owners, by  phoning the City Clerk’s Office  at 422-1227, and requesting a copy by mail, rather than coming to the Clerk’s office in person. They need to be filed to make an objection within 30 days of when the Public Hearing is closed (which is still open, McPherson said).

 

Rick Ammirato, Executive Director of the BID told WPCNR the Objection Form was not mailed out to prospective owners because Public Law 980-e does not specify that the city has to send out the form. Mr. Ammirato is shown at the Common Council hearing last Wednesday as he was explaining how extensive the notification process had been.

The materials sent owners in the target BID Expansion zone, did not say the form was available by telephone.

Ammirato told WPCNR owners were sent the Resolution of the Common Council  which the Common Council passed which specifically endorses the procedure where owners had to schlep into City Hall to file the objection:

Council-endorsed. No Objections Yet, Clerk Reports

The  Council Resolution reads, to wit: “RESOLVED, that any owners of real property deemed benefitted and, therefore, within the proposed extension of the District, who object to the plan, must file their objection in the office of the City Clerk, on forms made available by said Clerk,within the thirty days of the conclusion of the public hearing…”

Anne McPherson, the City Clerk told WPCNR today, that so far no objection forms have been received by any of the approximate 200 property  owners,  refusing to join the BID.

She said that persons have picked up the forms, but has not kept a tally of how many “Objection Forms” have been handed out. McPherson said owners wanting a form can call the clerk’s office at 422-1269, and the form will be mailed to them.

 The form sent property owners announcing the public hearing  instructed that “Any owner of real property deemed benefitted and therefore within the District, objecting to the Amended District Plan, may file an objection at the Office of the City Clerk, on forms made available by the City Clerk, within thirty (30) days of the close of the hearing on the proposed District.”

The form asks, or tells the recipient,  “IN ACCORDANCE WITH THE PROVISIONS OF THE PUBLIC NOTICE OBJECTIONS MAY BE FILED WITHIN 30 DAY(S) OF THE CLOSE OF THE PUBLIC HEARING AND I, THE UNDERSIGNED, FILE  THIS OBJECTION TO THE EXPANSION OF THE WHITE PLAINS BUSINESS IMPROVEMENT DISTRICT WITH COMMENTS AS FOLLOWS.”

No Step-by-Step Instruction.

Nowhere does the form say  explicity that this is the only way to turn down the program, in this case, words in plain English to the effect that to vote against expanding the BID to his area, the owner must say ‘No” they do not want it.  All it does is ask for “ Negative Comments” and ask for objections.

There is no “check box NO” if you do not want to join the BID instruction. 

Public Law Allows It.

According to the General Municipal Law Section 980-e, which governs Business Improvement District Expansion,  the city appears to has done the minimum necessary to inform members about the BID. According to its Executive Director, Rick Ammirato, the BID sent out a 1,000 letters, sent letters to all owners, but did not include maps of the district. Ammirato said the map was available at the Clerk’s Office.

According to an owner who is in favor of the BID expansion, and owns within the target area in the BID expansion, he did not receive the form pictured above in the mailing he got. He said he was not informed of how much approximately his assessment would be, and he did not receive a map of the district.

A Law Subject to Interpretation

Exactly what the city was required to tell owners about what they could expect is very vague in Law 980-e. The law states, in part, in addition to publishing a Public Notice in the official city newspaper,

 “the legislative body shall cause a copy of the resolution or a summary thereof to be mailed to each owner of real property within the proposed district,”  and that “such summary shall include the business address of the municipal clerk, a statement that copies of the resolution shall be made available free of charge to the public, the improvements, maintenance and operation, and a statement indicating the rights of owners to object pursuant to subdivision (b) of this section.

The Public Law 980-e states “The resolution shall also contain a statement that any owner of real property…objecting to the plan must file an objection at the office of the municipal clerk within thirty days of the conclusion of the hearing on forms made available by the clerk….”

The Public Law does not say the “forms” to file any objection have to be mailed to all the owners. Hence, technically the city is within the law by saying that owners must pick up the form at the clerk’s office to file the objection.

Supporter Criticizes the Subterfuge

According to the property owner WPCNR, he never received the form upon which the objection should be filed. “I did not know, if you don’t show up that’s a vote for yes, and it should be the opposite. That reminds me of Port Chester. “

Asked if had received the form that has to be returned to the city clerk when he was informed of the hearing last week,  “I do not think so. At least it doesn’t ring a bell.”

The owner did not receive the map of the proposed district, but he has seen it.

Asked if the letter told him how much his property would be assessed, he said, “No.”

Million Dollar Baby

Ammirato said that should the majority of the owners not object (51%) the BID budget (now $575,000)  would expand to $1.6 Million, with the new expansion to Lexington Avenue, West Post Road, and down Maple Avenue to Bloomingdale Road providing $1,000,000.

Ammirato said there was not that much objection to the BID expansion at last Wednesday evening’s Common Council meeting.

The Executive Director also said the communication to property owners contained, in addition to the Common Council resolution, a Notice of Public Hearing, spelling out what “The Extended District Plan” would do:

An excerpt from that Notice of Public Hearing reads:  White Plains Downtown District Management Association would offer the following services including, but not limited to: Marketing and Promotion, Business Recruitment, Public Amenities, Physical Improvements, Parking Promotions, Sanitation needed for special events and sidewalk cleaning not now performed by the City and Holiday lighting; Business Assistance, Administration, Special Projects and Research and Planning.

Ammirato encouraged owners and tenants of businesses to come in to the Clerk’s Office to examine the “amended District Plan” at the City Clerk’s office to learn more details of the above services.

Typical Costs to Typical Businesses in Targeted Area.

Ammirato issued a statement to WPCNR explaining the impacts on typical businesses along Lex, West Post Road and Maple Avenue:

 

The estimated rates for BID assessment in the extended district are $0.056497 per sq. ft. of Gross Floor Area (GFA) and $14.353123 per sq. ft. of Linear Street Frontage (LSF). In practical terms:

 

1,000 sq. ft. of GFA + 25 sq. ft. of LSF= $415.33 per year or $1.14 per day

10,000 sq. ft. of GFA + 100 sq. ft. of LSF= $2000.28 per year or $5.48 per day

100,000 sq. ft. of GFA + 200 sq. ft. of LSF= $8,520.32 per year or $23.34 per day

 

 

In examining  the paperwork sent by the BID to owners, including the Notice of Public Hearing and Council Resolution, there is no mention of the “maximum cost thereof” of the “improvements proposed and the maximum cost thereof, the total annual amount proposed to be expended for improvements, maintenance and operation,” as called for in the law.

 

Worthy of any Book Club Copywriter:

The Notice of Public Hearing states this on objection to inclusion in the district:

 “Any owner of real property deemed benefitted and therefore within the District, objecting to the Amended District Plan, may file an objection at the Office of the City Clerk, on forms made available by the City Clerk, within thirty (30) days of the close of the hearing on the proposed District. If owners of at least fifty-one (51%) of the assessed value of benefitted real property situated within the boundaries of the District proposed for establishment… or at least fifty-one percent (51%) of the owners of benefitted property within the area included in the District proposed for establishment file objections with the City Clerk, the District shall not be established.”

The procedure endorsed by the Common Council (by their own resolution) and the state General Municipal Law Section 980-e is reminiscent of book club offers, where you had to send back a postcard refusing this month’s book.

The law makes it easy to put the onus of objection on the owners – requiring them to come in to City Hall to get a form, and not sending them an objection form to start with – let alone a sample assessment.

It is as if to stop a book coming to you, you had to fly to a publisher’s headquarters to pick up a form to stop those books coming.

Devious, Backhanded, Underhanded

This process of notification and saying “NO” to the BID, was roundly criticized by Bill Waterman, the former councilman last Wednesday evening. Speaking to WPCNR today, Waterman said there was no map, no explanation of what the BID would do for the Post Road area. He said the first time he knew you could get a form by mail was when it was mentioned on the televised Common Council meeting last Wednesday.

Bill Waterman property owner in targeted area, as he appeared at the Common Council hearing last week.

 

He characterized the BID notification procedure as “a backhanded, underhanded devious way of doing business, and excusing it by hiding behind a public law. We don’t need the BID in our area. We rejected the BID in our area 7 to 8 years ago. These landlords say they are behind it. They’re just going to pass along the cost to the tenants.”

He said there was no explanation of what the BID was going to do for the neighborhood. He said the neighborhood was a group of mom and pop stores which could not bear the increase in rents. He said street festivals, a staple of BID promotion could not work on Post Road because the Hospital emergency entrance was on that street, and posed the question, what could the BID do for the neighborhood.l “They (the BID) don’t understand our neighborhood. They’re a group of  Hispanic and Latino businesses catering to the neighborhood, this is neighborhood retail.”