Photographs of the Day

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WPCNR PHOTOGRAPHS OF THE DAY. By the WPCNR Roving Photographer. April 16, 2007: The Shocker of the Week this week is the “The Big Wet” — the 7-1/2 inches of rain that fell in 36 hours in White Plains that has brought back the Bronx River to levels not seen since The Battle of White Plains. As of 1 PM — The Bronx River was making White Plains look like San Antonio’s “River Walk”:



The Bronx River between The County Center and Hamilton Avenue Overpass. The Ritz-Carlton Towers are on the horizon to the left. White Plains Railroad Station is to the right. To see more click Read More below.



The Bronx River Parkway, 12 Noon, looking North to the County Center.


 Photos by the WPCNR Roving Photographer


 



Bronx River adjacent Bronx River Parkway Northbound lane noon today.


 



Bronx River Parkway Northbound Lanes. Flooded for a quarter mile under Hamilton Avenue and Main Street Overpasses, 12 Noon.



Bronx River Looking North at platform of White Plains Railroad Station.



Between the Bridges. Note “Rapids” at left. River appears 40 to 50 feet wide, swollen from its usual 10 feet width



View South from Hamilton Avenue Bridge. That’s the Bronx River Parkway inundated with 4 feet of water.



View from Main Street Bridge South. A Lone County worker works on the drain at the right.


 


 

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Hartsdale Avenue in Greenburgh Hard Hit: Feiner

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WPCNR THE FEINER REPORT. By Greenburgh Town Supervisor Paul Feiner. April 16, 2007, 2:30 P.M. E.D.T.:  I spoke to many of the store owners/managers and residents of 180 & 170 East Hartsdale Ave who experienced flood damage. The stores had serious water damage. The power has been shut off.  It’s possible that some of the E Hartsdale businesses will be closed for at least a week.  Some of the stores do not have flood insurance so they may experience major financial hardships. The basements were flooded – causing a significant loss of property.  I have been in touch with Senator Clinton’s regional director and with Senator Andrea Stewart-Cousins office, advising them of the problems these merchants are experiencing. I’m hopeful that federal and/or state help can be provided.

Two retaining walls, one behind the stores and a 2nd behind one of the apartment buildings also collapsed. Residents of 180 & 170 E Hartsdale Ave were evacuated last night and will probably be out of their apartments for at least a week, possibly longer. There was damage to electric and gas equipment.


Some of the residents of 180 & 170 E Hartsdale Ave are seniors, on fixed incomes. Staying in a hotel could be expensive. Although no one has made a request for temporary shelter so that they can find an inexpensive place to live – if you are willing to provide shelter to a flood victim (at no cost), please advise. I’ll forward that information to residents of 180 & 170 East Hartsdale Ave, as they reach out to me for help.  Please e mail me at pfeiner@greenburghny.com if you want to help.


The town is currently reviewing all that happened yesterday.  If you have any comments or suggestions please advise. There is always room for improvement.


 

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County Reports Road and Area Conditions as of Noon

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WPCNR BUMPER TO BUMPER.  From Westchester County Department of Communications (EDITED) April 16, 2007 2:20 P.M. EDT:  Here is the latest road and traffic conditions as of Noon.



 


SAW MILL RIVER PARKWAY:


 


FROM THE MANVILLE RD TO THE CROSS COUNTY PARKWAY IS CLOSED IN BOTH DIRECTIONS.


 


BRONX RIVER PARKWAY:


 


MAIN ST TO THE NEW YORK CITY LINE IS CLOSED IN BOTH DIRECTIONS.


 


HUTCHINSON RIVER PARKWAY:


 


FROM THE CROSS COUNTY PARKWAY TO THE NYC LINE IS CLOSED IN BOTH DIRECTIONS.


MOBIL GAS STATION ON THE HUTCHINSON IS FLOODED. ALL PUMPS HAVE BEEN SHUT OFF.


 


CROSS COUNTY PARKWAY:


 


ALL RAMPS ARE CLOSED AT THE BRONX RIVER PARKWAY AND AT THE HUTCHINSON RIVER PARKWAY.


 


 


MAINTENANCE YARDS REPORT THAT THEY HAVE MANY CREWS OUT.


 


 THE WESTCHESTER COUNTY AIRPORT IS REPORTING THEY ARE OPEN BUT FLIGHTS ARE DELAYED.


 


PLAYLAND PARKWAY   


 


PLAYLAND PARKWAY CLOSED AT BOSTON POST RD BOTH DIRECTIONS.


 


 


County Executive Andy Spano urges residents who have suffered damages due to the storm to document their losses with photos and receipts.


The county will need this information as it attempts to qualify for any disaster aid from the federal government. People should gather their information and await further word on what to do with the information.


The county is also advising people not to deliberately walk into the flood waters, as was done Sunday by Iona College students. These waters are potentially filled with dangerous chemicals, including oil and sludge.


Bee-Line buses and Paratransit runs are experiencing considerable system-wide delays due to wide spread road closures.  The county airport remains open, but with many delays. People are advised to check with their carriers.


 


           Other Miscellaneous Advisories:           


 Spano yesterday declared a state of emergency due to widespread flooding, particularly in the Sound Shore area. And at his request, Gov. Spitzer has send additional resources to the region.

             Since the start of the storm, the county  Department of Pubic Safety responded to 21 property damage motor vehicles, five  accidents with injuries, 79  disabled vehicles, 1abandoned vehicles that they were able to assist and many other abandoned vehicles underwater.


            


            The county continues to monitor the situation and assist local municipalities.


OTHER  MISCELLANEOUS INFORMATION


 


 


MAMARONECK POLICE DEPARTMENT IS DECLARING A STATE OF EMERGENCY AND REQUESTING ALL EXITS TO BE CLOSED ON I 95.


 


TUCKAHOE POLICE REPORTING YONKERS AVE CLOSED BETWEEN MAIN ST AND ELM ST. ALSO TUCKAHOE RD AT PARKVIEW CLOSED DUE TO FLOODING.


 


PEEKSKILL POLICE REPORTING RT. 9 NORTH BOUND BETWEEN MAIN ST  TO ANNSVILLE CIRCLE, AND FROM ANNSVILLE CIRCLE TO HIGHLAND AVE ON THE BEAR MOUNTAIN PARKWAY IN BOTH DIRECTIONS ARE CLOSED.   


 


BEDFORD POLICE REPORTING GREEENWICH RD AT MILLBROOK RD AND AT BEDFORD VILLAGE MEMORIAL PARK, SUCCABONE AT BISBEE, AND TWIN LAKES AT THE LEWISBORO TOWN LINE IS CLOSED.


 


NEW ROCHELLE POLICE REPORTING PELHAMDALE RD AT THE HUTCHINSON RIVER PKWY CLOSED.


 


ELMSFORD POLICE REPORTING  ROUTE 119 CLOSED EAST BOUND AND WEST BOUND AT THE SAW MILL RIVER PARKWAY.


 


GREENBURGH POLICE REPORTING SAW MILL RIVER RD CLOSED FROM OLD COUNTRY RD TO PAYNE ST, SOUTH CENTRAL AVE CLOSED SOUTH OF ROUTE 119, AND EAST HARTSDALE AVE CLOSED.


 


2045HRS THE COUNTY EXECUTIVE DECLARED A LIMITED STATE OF EMERGENCY FOR THE SOUND SHORE END OF THE COUNTY.


 


 

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White Plains Schools Closed Today at County Executive’s Request

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WPCNR SCHOOL DAYS. April 16, 2007: County Executive Andrew Spano in assessing the state of Westchester County road conditions, in an interview with News 12 Sunday evening, requested Westchester schools to close today due to the state of flooding on major county roads, and the White Plains City School District has closed as requested.


As of early morning major parkways in the county were closed for much of their length due to flooding conditions.

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Over 100 Homes Flood in WP…as of 7 PM Sunday

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WPCNR POLICE GAZETTE. From White Plains Department of Public Safety. April 15, 2007 UPDATED 12:15 AM EDT, April 16, 2007 UPDATED 9 AM Monday, April 16 : The 5 and 1/4 inches of rain that have fallen in White Plains as of 9 PM Sunday evening  had caused backups into over 100 basements of homes in the city according to White Plains Police. As of Monday morning, daybreak 7-1/2 inches of rain had fallen in White Plains.



Deputy Commissioner Daniel Jackson issued this statement at 9 PM Sunday evening: “We had over 100 flooding calls by 7 pm. By now, 160 is reasonable. They’ve opened up shelters in New Rochelle and Mamaroneck due to coastal flooding. Our crews will continue to prioritize flooding calls and respond as they can. Residents should be cautious of standing water especially near any  electrical sources.”


 



Another resident on Pilgrim Road advises the CitizeNetReporter: We live on Pilgrim Road, backing up to the Greenway (the destruction of Railside Avenue is just behind us). Here are some shots of our yard around 4:30 yesterday afternoon. Not exactly the swimming pool of our dreams. Nor did we need the indoor pool, which we now have in our basement. My husband has been attempting in vain to shop vac all of the incoming water since yesterday afternoon, and will be taking today off from work to do the same. But it looks like the basement is a complete loss at this point.



Backyard on Midchester Avenue, 5 PM. Resident writes: “We now have lake front property.  This is our backyard at 5 PM.   We must have an additional 3 more inches coming down since this pic was taken and it is still pouring out at 11:50 PM.  They are saying that the area had 4-7 inches so far.” WPCNR Official count of inches as of 9 PM: 5.25 inches.  Photo by Candyce Corcoran for WPCNR News


 



Bubbling Personhole at Highlands School, Old Mamaroneck Road & Hartsdale Avenue, White Plains 5 PM. The stormwater drains were bubbling up all over town, at Saxon Woods Pool and the Hutch, at  Rosedale Ave and Mamaroneck Avenue, among two such sightings. Photo by Paula Piekos for WPCNR News.



Mamaroneck Flooding Under Railroad Station Trestle at bottom of Halstead Avenue. Flooding goes up hill under bridge. 8 PM Sunday evening. Photo by Paula Piekos for WPCNR News


Nowhere is the devastation more heartbreaking than in Mamaroneck. Ms. Piekos, in getting these photos for WPCNR reports:



“After I spoke to you I went to CVS to pick up the Railside prints and  tried to get the new Mamamaroneck  ones. While I was in there, a cashier told me  that a lady came in crying and said that her house in Mamaroneck was ruined and she can’t go to it.


While I was taking to the photo guy, his coworker came up and said his girlfriend, a waitress in Mamaroneck  just called him and said that the restaurant will be closed for about 3 weeks because the water came into the restaurant up to the dining table tops.


When I told you that it looked like they had big trucks with giant shovels on them, it turns out that they were using them with a flat bottom thing that they put people on to drive them out of the water
from their homes. “


Ms. Piekos adds, “The rail trestle is at the bottom of Halstead, where it meets Mamaroneck Ave,
Hillside is up the hill off Halstead. If you go down Hillside, the  flooding spreads from Howard Ave.  The 6 feet of water is in the area of the trestle. I couldn’t see it because it looked  just like a lot of black water. “


She said you cannot reach Mamaroneck via Mamaroneck Avenue, and the streets and homes “look like a FEMA scene.” She reports being told by residents from their homes that “the current” of the water in the streets is too strong and not to venture closer. She reports the usual trickle of the Mamaroneck River usually no more than a brook,  is a swollen torrent. 

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Over 5 inches of rain swamps White Plains in 18 Hours..Road Report

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WPCNR BUMPER TO BUMPER. From Westchester County Department of Communications. April 15, 2007:  In an update received moments ago, County Executive Andy Spano tonight (8:45 p.m.) declared a limited state of emergency for the Sound Shore area of the county. The declaration came after the county conferred with the governor’s office. It will give the county the power to better mobilize help to the flooded areas.


Stay off the roads, not just in the sound shore areas. That’s the message from Westchester officials, as they deal with today’s storm and the accompanying floods.


Westchester’s parkways are all impassable and are generally closed. The storm is coinciding with a period of higher than normal spring tides. Tonight’s high tide combined with surge from storm will cause moderate flooding along the coast.  Tomorrow morning’s high tide at 10:44 am may also have significant coastal flooding.


Many parkways will still be closed tomorrow. County officials are warning residents to make arrangements and plan alternate routes to get to work. Residents should NOT drive through ponds of water.



 


 Here are the conditions at 6 PM:


 


Mamaroneck village: Village officials have ordered a mandatory evacuation for parts of the Orienta section of the village near Long Island Sound.  These include:  Flagler Drive, Orienta Avenue, North James Street, and other areas of the Harbor Heights area.  


 


Mamaroneck town: Town officials have a voluntary evacuation order for some residents living on Hommocks Road, Pryer Manor Road, Dogwood Lane, Premium Point, Wildwood Circle, and Pheasant Run.


 


A shelter, supported by the Red Cross, has been set up at Mamaroneck High School for residents of Mamaroneck Town and Mamaroneck Village.        


 


Rye: An evacuation center has been opened at the Rye Country Day School, with Red Cross support for food and water.


 


Road Closings:


                                               


Cross County Parkway East at the Hutchinson River Parkway


 


Hutchinson River Parkway North and South at East Lincoln Avenue (Pelham/Mount Vernon) 


 


Bronx River Parkway North and South at Sprain Brook Parkway


 


Saw Mill River Parkway at the New York City line, Route 199 to I-87 at


Clarence Ave, both directions.


 


Bronx River Parkway closed: from 233 through Main Street; White Plains


 


Saw Mill River Parkway: closed from exit 7 – 16 (both directions and all ramps)


Saw Mill River Parkway: south bound closed at Elmsford (Rt. 119), north bound will be closed shortly


 


Bronx River Parkway: closed from Sprain Brook Parkway to Main Street in White Plains (both directions and all ramps)


 


Taconic State Parkway: closed at the 1.9 mile marker (between Commerce and Stevens)


 


Hutchinson River Parkway: closed from Exit 7 (US. 1) to Cross County Parkway (both directions and all ramps)


 


WPCNR observes that the Hutchinson River Parkway southbound at the I-684 southbound ramp…is flooded where it passes the Maple Moor Golf Course. Motorists should avoid, as water was a foot to 6 inches deep across three lanes.


 


 


On the Web:


 


Hudson Valley Traffic


http://www.hudsonvalleytraveler.com/perl/WestchesterMapForm.pl


 


 

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Bernstein Would Rather Fight Than Switch. Leaning to Primary.

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WPCNR BACKROOM BULLETIN. By John F. Bailey. April 15, 2007: Councilman Bernstein in a WPCNR exclusive interview Sunday afternoon said he was “going to let the people of White Plains decide,” whether or not the Democratic Party should renominate him as its third candidate for Common Council.


Bernstein told WPCNR he was not going to ask to be put on the Democratic City Committee ballot that is presented to the district leaders April 25, to decide who will be officially nominated for the party for the seat.


Instead, Bernstein said “I’m strongly considering a primary,” against whomever is nominated. WPCNR has learned that today was the day when candidates wanting to be considered by the District Leaders of the party on the party ballot April 25 had to place their name with the party leadership.



Councilman Arnold Bernstein, shown in his most recent public appearance at the Excell Program for Spanish language, as  Chair of the White Plains Youth Board, greeted the throng of 55 with three lines of fluent Spanish which was greeted by applause, and invited the audience to explore the 50 programs for youth that the Youth Bureau offers.  (He was the only city elected official to appear. Mr. Bernstein says, he’s primarying for his Council Seat. Photo, WPCNR News Archive.


“The Democrats that make up the quiet majority of the city of White Plains are not in the same tune as the Democrats who control the City (Democratic) Committee.” Asked if he was definitely not going to a floor vote, Bernstein said, “Probably not. I haven’t really made up my mind, but the odds are I won’t.” Asked if he would primary, Bernstein said, “I’m leaning very heavily in that direction, Yes.”


Asked if he primaried against, that precludes him going to another party, Bernstein says, “I believe as a Democrat, I can prevail and I can be the best Democrat in the race.” Bernstein said he expected to be running against Dennis Power, Benjamin Boykin and Milagros Lecuona, the three personalities officially recommended by the City Nominating Committee.


Bernstein noted that when he was originally nominated for council four years ago, he was challenged on the floor by Eridania Camacho-Quinn, and in a secret ballot (the standard procedure), his nomination was accepted by the District Leaders, 2,600 to 1,100 votes (each district leader as “weighted” votes determined by population of their district).


Bernstein recalled that the only time a nomination was overturned was when Bill Ryan nominated for Mayor by the nominating committe (Ryan is currently the County Legislator for White Plains), had the nomination voted away from him in a floor nomination secret ballot initiated by the late Robert Greer in 2001.


Bernstein is no stranger to primary strategy, having started Adam Bradley’s political career by masterminding Mr. Bradley’s primary campaign against Assemblywoman Naomi Matusow and ousting her from her 10 year assembly seat in a very close election in 2002.


 

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Riverspace in Nyack Rocks in May:

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WPCNR STAGE DOOR. April 15, 2007: Riverspace, the little theatre rising from the ruins of the defunct Helen Hayes Theatre Company, continues its Phoenix-like rivival with a full schedule of events in Nyack for May. Here is Riverspace’s arts calendar for the coming month:

May/Early June Events at Riverspace Arts in Nyack


As of April 12, 2007

Contact: Alice Kriz (845-348-0741)


 





The Helen Hayes Youth Theatre in Association with Nickelodeon and Theatrical Rights Worldwide presents the premiere ‘Kids for Kids’

Blue’s Clues Live, The Most Spectacular Place


Sat. May 5, 10am & noon

A full-scale theatrical production geared to the preschool set, introduces young audiences to the magical world of live theater. The musical features all of the characters that kids know and love from the critically acclaimed Nickelodeon television series “Blue’s Clues”, including Blue, Steve, Mailbox, Mr. Salt and Mrs. Pepper, Paprika, Tickety, and of course Blue, to name a few. This 45 minute world premier stage presentation will be performed by the talented students of the Helen Hayes Youth Theatre.


Tickets: $15

 





Haale

Sat. May 5, 8pm

With rave reviews from the NY Times and The Washington Post and straight from her Carnegie Hall debut curated by David Byrne, singer-poet Haale comes to Riverspace. Haale has her own distinctive style of world music, blending diverse influences of the Middle East with 1960’s psychedelic rock and folk creating soundscapes woven through a trance-inducing tapestry of percussion, strings, and shimmering electric guitars.


Tickets:  $15 advance; $20 door


See also: www.haale.com


 



Chamber Music Brunch at RIverspace Café with The Claremont Trio


Sunday May 13, Noon-2pm


Mother’s Day


The trio, Emily Bruskin, violin; Julia Bruskin, cello; and Donna Kwong, piano, was called “the freshest breath of air in the world of chamber music today” by The Naples Daily News, and Strings Magazine hails them as “deft, exhilarating, and imaginative”. Light brunch fare will be available by Patisserie Didier Dumas. Flowers available by Lynn Aubrey and Chocolates by the Chocolaterie.


Concert Tickets $10, $5  – 12 & under


Advance reservations suggested.


See also: www.claremonttrio.com




Songwriters By The River


Friday May 18, 8pm


Kate Jacobs – www.katejacobsmusic.com


Frankie & Kelly McGrath (Maybe Pete) –www.myspace.com/maybepete (East Rutherford, NJ)


Andy Krikun – www.andykrikun.com (Nyack, NY)


Joe D’Urso www.jdcaravan.com (Park Ridge, NJ)


 



Milk ‘n Cookies Playhouse

The Circle Song Band with Sukey Molloy

Saturday May 19, 10am

Fun and engaging family entertainment with award-winning Circle Song music created especially for very young audiences! Join Sukey and The Circle Song Band for an interactive show of song, puppet play, and original and traditional music. See also: www.www.playmovesing.com


Tickets $9 adult, $7 seniors/12 & under




 



Rivertown Films celebrates its Fifth Anniversary

Sat. May 19, 7:30 pm Silver City screening

Beginning with a reception at 4pm followed by a screening of pioneering independent filmmaker John Sayles’ “Silver City” and a post-film discussion with Sayles and producer Maggie Renzi.

Tickets: $50 for the reception and screening, $25 for the screening and discussion only


 


 


Bob Dylan’s Birthday Bash Memorial Day Weekend


Dylan Karaoke in the Riverspace Cafe


 Friday, May 25, 8pm


Come sing your favorite Bob Dylan song – WFUV’s Rita Houston hosts a karaoke exploration of the Bob Dylan songbook and all are welcome to participate – with guest judges, fun and prizes!

Tickets: $8 

Mary Lee’s Corvette


Saturday May 26, 8pm


“How do you sing a Bob Dylan song in a way that anyone should ever bother listening to? How do you sing it right without imitating him? How do you make it your own? And of course, why should you?” – Mary Lee Kortes


A few years ago, Mary Lee’s Corvette performed the classic Bob Dylan album “Blood on the Tracks”—start to finish—at Arlene’s Grocery, a small club on NYC’s lower east side. The show was serendipitously saved to tape, and released on cd (Bar None Records). Dylan himself liked it so much he added a link to the music on his website. Hear Mary Lee’s Corvette reprise their magical performance live at Riverspace in celebration of Dylan’s birthday.


Tickets: $15, $20 day of show


See also: www.maryleescorvette.com


Tangled Up in Bob


Sunday May 27, 8pm


Tangled Up in Bob is “a sparkling gem of a documentary” (Isis Magazine) from filmmaker Mary Feidt, featuring author Natalie Goldberg in her journey to find the connection between Dylan and the place where he grew up.


 “This intriguing film takes you inside the walls of Bob Dylan’s high school…and once inside, you won’t want to leave.”–Greil Marcus


Tickets: $8, $6 students/seniors


 


 

Ongoing Series:

 

Sunday Jazz Jam in the Café from 4-7pm

5/6, 5/13, 5/20


Tickets: $8; $4 participating musicians


 

Wednesday Night at the Movies, all at 8pm

May 2 Volver (Spain)


May 9 Venus (UK)


May 16 Lamerica (Italy)


May 23 Avenue Montaigne (France)


May 30 The Lives of Others (Germany)



Tickets: $8, $6 students/seniors

 


Save the Date for these June Events:


Saturday, June 2, 2pm

Junie B. Jones – The Musical

Junie B. Jones, the irrepressible first-grader comes to life in Theaterworks USA musical adaptation of the best-selling books by Barbara Park.

Tickets: $10

 

Saturday June 9, 10am

Milk ‘n Cookies Playhouse

Danna Banana

New York Magazine calls him “more than a giant toddler on a teeny pink bike. Danna Banana (a.k.a. Dan Cohen), the befuddled but loving dad-for-hire, has earned A-list status on the silly circuit. He sings and plays guitar, he’s a classically trained operatic baritone, and he has an interactive, playful style that makes kids—and grown-ups—honk with laughter.”  See also: www.dannabanana.com

Tickets: $9 adult, $7 seniors/12 & under


 


To purchase tickets: all tickets available through Riverspace.org, in person at the Riverspace box office, or by calling 866-811-4111

 

Riverspace is located at 119 Main Street, Nyack, NY



Box office hours

Wed-Fri 4pm-7pm, credit and debit only

Sat. 10am -1pm, all forms of payment



Riverspace is a not-for-profit arts organization in Nyack, NY offering innovative programming in theater, music, dance and film.





 
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Cleanup on the Greenway.

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WPCNR THE PARKS NEWS. April 16, 2007: White Plains community residents are invited to join in a Community Spring Clean-Up of the Greenway Park Trail on April 21 10 AM TO 2 PM  that runs from Gedney Way to Ridgeway Ave. and to the Scarsdale border. Volunteers of ALL ages will be gathering at the Greenway entrance on Ridgeway. Wear long pants and long sleeves, bring your work gloves if you want – gloves and trash bags will be provided.  Clean-up teams of adults and children will work side by side – no children will go unescorted. Help to protect this White Plains environmental and historic treasure. Enjoy the birds and other wildlife, identify the trees of the forest and listen to the rich history of this old railroad way as you walk the trail. Light refreshments will be served. Contact Thomas Masotto with any questions [761-7153

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Verizon Contract Still Needs Work

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WPCNR White Plains Variety. News Analysis & Comment by Don Hughes. April 14, 2007: The revised copy of the proposed Verizon franchise agreement has been posted on www.WhitePlainsOnline.com.  There are also some comments on  www.WhitePlainsCNR.com. The adjourned public hearing will be continued at the Common Council Special Meeting scheduled for 16 April at 5:00PM.  A vote on the agreement does not  appear on the agenda, so you should still have some additional time to contact council members with your concerns.

The following comments are an update of the comments that I sent out  previously. Comments on the modified Verizon Cable Franchise Agreement:



The new franchise agreement with Verizon is being done in accordance with
Title VI of the Communication Act of 1934;   Article 11 of the New York Public
Service Law;  Title 16, Chapter VIII of the Official Compilation of Codes, Rules
and Regulations of the State of New York; and Chapter 4-21 (Multi-Channel
Service Providers) of the White Plains Code.


1)    The term of the franchise is 15 years (page 7).

The agreement is still for 15 years.  The reason given is a feeling that the city
may have less negotiating  ability in the future because of possible new state
and federal legislation, and that it is best to lock in terms now.  It is admitted that
this is a judgment call.  However, given the likelihood of the introduction of
significant new technology in the near future, the franchise should be limited to
the typical 10 years.

2)    They have up to 5 years to provide service to residents, and they are not
required to provide service to businesses (page 8).

No changes to this section, and there is very little that the city can do if they fail
to meet even this extended deadline.

3)    They are required to provide UP TO 3 public access (PEG) channels
(page 10).

Although this was supposed to be changed, it was not.  They should be required
to provide a minimum of three PEG channels with the city able to request up to
two additional.

4)    They are required to pay a PEG Grant of $250,000 paid in installments
over the first three years plus an annual grant of $1/subscriber/month for the first
10 years and $1.25/subscriber/month for the remaining 5 years (page 12). 

The amounts have been adjusted.  However, that Common Council should not
be so cavalier in imposing what amounts to a new tax.  As is indicated below,
these amounts will be passed on to the cable subscribers in addition to their
other charges – in a fashion similar to your phone bills where the taxes can
exceed the charges for services.  This is roughly equivalent to a 0.8% property
tax increase for the typical home.

I believe that PEG grants are critical, but they should be based on the projected
budgets of the cable TV commission, not on the maximum we can get the
vendors to agree to.

Despite promises to the contrary, the agreement still ties the payments to
CableVision´s agreeing to equivalent conditions.


5)    There is still no requirement to continue paying fees in case a new
agreement has not been negotiated before this one expires.  That is why
CableVision is currently no longer paying the city PEG support (page 12).

6)    PEG fees can be billed separately to customers (page 13).

If Verizon is going to list as many items separately as possible in order to keep
the basic fee low, they should be required to include an estimated net monthly
charge including all fees and taxes in all local advertising.

7)    Recovery of audit expenses is limited to $15,000 (page 15).

There was no change here, and this amount should be increased.

8)    Enforcement (page 19)

The maximum penalties are limited to $10,000 a year, and the actual penalties
are trivial.  Thus if Verizon failed to provide service to all of White Plains after 5
years, the penalty is only $100/day.  If Verizon fails to provide PEG access, the
penalty is only $100/day.  The total of all penalties is limited to $10,000/year
(That is about the income from 20 subscribers).  The city can only seek to
revoke the franchise for substantial noncompliance, so it seems that the city has
very limited means to actually enforce this agreement.

9)    Renewal of the agreement is governed by 47 U.S.C. Section 546 which
provides that “any denial of a proposal for renewal that has been submitted in
compliance with subsection (b) of this section shall be based on one or more
adverse findings …” (page 17).

It seems that White Plains will have very little negotiating power concerning
renewals.  The renewal of this franchise should not be a given depending only
on Verizon not having violated any federal and state regulations.  The
agreement should indicate that items such as rates, grants, PEG channels,
programming, and technology might be negotiated even in the face of federal or
state attempts at preemption.

10)    The city gives up all opportunity to regulate customer service (page 23
and Exhibit E).


11)    Free cable service (Exhibit A)

There was little change here.  Calvary was dropped and The German School
and Solomon Schechter School were added.  I still fail to see the rational for
selecting the places to receive free service.

12)    They have up to 180 day to provide PEG access from the Cable TV
Access Commission studios (Exhibit D).

This was reduced from 10 months.  The reasons given for the delay is the
difficulty in obtaining the required equipment.  However, I am sure that it could
be accomplished in 45 days.

13)    61 sections of the White Plains Code that apply to Multi-Channel Service
Providers such as CableVision are waived (Exhibit E).

Corporation Council is providing the Common Council an explanation for each
waived section.

14)    There still has not been provided a clear explanation of possible Federal,
FCC, and State regulations.

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