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WPCNR COMMON COUNCIL-CHRONICLE-EXAMINER. By John F. Bailey. April 14, 2007 UPDATED 6:15 PM E.D.T.: Within hours of receiving a revised contract from Verizon today the city scheduled a Special Meeting Monday at 5 PM to reopen the public hearing on granting Verizon a cable franchise in White Plains before it negotiates with Cablevision, with which it has just begun negotiations.
The new contract, despite assurances by Verizon to the Common Council Thursday evening that they would “unbundle” the Initial PEG Grant from any settlement lower than the Verizon contract, puts a portion of the $250,000 Public Education Grant, and $1 per Subscriber Annual Fees, at risk, if the city cannot get Cablevision to agree to the same terms.
Also on the agenda is a second reading of an ordinance approving Kensington LLC as the developer of the senior assisted living facility on Maple Avenue and Cromwell Place. Kensington LLC is a group formed by former executives with Sunrise Assisted Living, which abruptly bowed out of the project about two weeks ago by an e-mail message.
The city’s Verizon “push” comes after a Common Council meeting Thursday evening where Verizon pledged they would not link their payment of the Public Equipment Grant to Cablevision’s acceptance of the White Plains-Verizon contract. Verizon also pledged through their spokesperson Scott Parr that they would respond to Councilman Benjamin Boykin’s call for inflation protection. The inflation protection has been added to the new contract — but is still at the mercy of cablevision “going along” with it, too, and that Cablevision has vowed it will not accept.
What follows are the “teeth” paragraphs and the Common Council agenda for Monday:
According to the new contract released today, Verizon agrees after 10 years to increase the $1 a subscriber PEG fee to $1.25 (allowing for 25% inflation in ten years), but, according to the contract, that subscriber fee is in jeopardy if Cablevision, or another cable provider refuses to agree to it. The contract does not appear to contain a provision that says the full $250,000 Initial PEG Grant must be paid regardless. Verizon has contracted to pay the $250,000 PEG grant within the first three years of the agreement, but not quite the way Mr. Parr promised Thursday evening. the key paragraph denoting this reads, to wit:
Sec. 5.4.1:….The LFA (city) shall impose an equivalent obligation to the obligations contained in this Section 5.4 (including the total amount of the Initial PEG Grant, and the sliding scale amounts of the Annual PEG Grant), on all providers of cable service in the Service Area. In any event, if any new or renewed franchise agreement contains obligations that are lesser in amount or aggregate value than the obligations impionsed in this Section 5.4 (including the total amount of the Initial PEG Grant and the sliding scale amounts of the Annual PEG Grant), Franchisee’s obligations under Section 5.4 shall be reduced to an equivalent amount.
Verizon can bill back Initial Grant, and Annual Peg Grant Per Fee to Mr. and Mrs. White Plains.
It also became clear Thursday evening that Verizon is not really paying the city anything, since the giant $70 Billion company has the right to pass through all PEG grants (the $250,000) and PEG fees (the $1- $1.25 Fee per Subscriber, and the percentage of Gross Revenues on to each subscriber.
Councilman Dennis Power cleared this misconception up once and for all by asking the City’s legal advisor on the contract, appearing via conference call, if the federal government mandated that PEG grants and cable fees be passed on to each individual cable subscriber. The lawyer said “they are not mandated, but they have the right to.”
Mr. Parr continued during that meeting Thursday evening to use the term “pay” in discussing the PEG grants, when this was clearly shown by the city cable consultant to be false. They are not paying anything. They transfer cash then collect it from their subscribers, to wit:
Section 5.6: Recovery of Costs: To the extent permitted by federal law, the Franchee shall be allowed to recover costs of the Initial PEG Grant and the Annual PEG Grant or any other costs arising from the provision of PEG services from Subscribers and to include such costs as a separately billed line item on each Subscriber’s bill. Without limiting the foregoring, if allowed under state and federal laws, Franchisee may externalize, line-item, or otherwise pass through interconnection and any franchise-related costs to subcribers.
Cablevision threatens litigation.
Meanwhile, Peter Jamison, speaking for Cablevision, threatened federal court litigation, saying the $1 a subscriber fee was unacceptable to them. Jamison pointed out that Greenburgh and Dobbs Ferry which signed a similar agreement with Verizon are having problems negotiating the same agreement with his company.
Benjamin Boykin, demanding inflation protection, told Jamison that when the people of White Plains find out Cablevision has been “holding back” $100,000 from the city, that they would go to Verizon in droves. Jamison said, “Your point is well taken.”
Mr. Dunphy, White Plains City Corporation Counsel said the $100,000 that is owed the city by Cablevision from the last year of the former TCI franchise which Cablevision assumed, was in dispute, because Cablevision disputes that they were asked for the fee, and the city claims they did ask for the fee. Sources with knowledge of the circumstances surrounding the unpaid $100,000, said that the former manager of White Plains Public Access failed to notify Cablevision the fee was due in the manner spelled out by the contract.
New Contract spells out the Free Rides.
Mr. Dunphy when questioned by Rita Malmud on the not for profit groups that were to receive free wiring and cable service, were being reexamined. But he did not say whether all churches and synagogues, and schools in the city would receive free cable or not.
According to the new contract the buildings, institutions and community building receiving free cable service through Verizon are:
City buildings Provided Free Service: City of White Plains City Hall, City of White Plains City Hall Annex, City of White Plains Housing Authority, City of White Plains Public Safety Building, City of White Plains Department of Purchasing, City of White Plains Parking Authority, City of White Plains Youth Bureau, City of White Plains Sanitation Department, City of White Plains Parks & Recreation Building, White Plains Firehouses 1, 2,3,4,5, Headquarters, and 7, White Plains Water Department, City of White Plains Garage, City of White Plains Cable TV Access Commission, Delfino Park, White Plains Library
Public Schools Receiving Free Service: Mamaroneck Avenue School, Post Road School, White Plains High School, Highlands and Eastview Middle Schools, Rochambeau School, George Washington School, Ridgeway School, Eastview School, Church Street School, Board of Education Administration Building,
Private Schools Receiving Free Service:Stepinac High School, Our Lady of Sorrows School, Good Counsel Schools, Solomon Schechter School.
County Buildings Provided Free Service: Westchester County Court House, Housing Authority, Westchester County Executive’s Office.
Public centers: White Plains Senior Center, Slater Center, White Plains Hospital Center, New York Power Authority, Room 1407, Battle Hill Community Center.
The Agenda for the Special Meeting follows:
COMMON COUNCIL AGENDA
SPECIAL MEETING
APRIL 16, 2007
5:00 P.M.
ADJOURNED
PUBLIC HEARING:
1. Public Hearing in relation to Verizon New York Inc.’s cable television franchise.
2. Second Reading Ordinance granting a non-exclusive franchise to Verizon New York, Inc., (“Verizon”) to own and operate a cable television system in the City of White Plains, and setting the terms and conditions of the franchise and granting waivers of relief of certain provisions of Local Law No. 1A of 1993 as amended by Local Law No. 3 of 1995.
PUBLIC HEARING:
3. Public Hearing in relation to the designation of “White Plains Kensington LLC”, as the qualified and eligible sponsor for the redevelopment of an assisted living facility on Disposition Parcel A, as shown on the map attached hereto and made a part hereof (“Disposition Parcel A”), including parcels shown on the Tax Map of the City of White Plains as Tax Lots 130.27.4-4 and 130.27.4-5, (together ‘Acquisition Parcel A’), a portion of the parcel shown on the Tax Map of the City of White Plains as Tax Lot 130.27.4-3 (‘Acquisition Parcel B’), a portion of the City owned Tax Lot 130.27.4-6, known as the Longview Lot (‘Acquisition Parcel C’), and all or a portion of the development rights associated with Acquisition Parcels A, B, C and D, all such parcels located in the East Post Road Phase II Urban Renewal Project, Project No. WPUR-9B; listed in Exhibit C of the East Post Road Phase II Urban Renewal Plan for the East Post Road Phase II Urban Renewal Project, Project No. WPUR-9B.
4. Public Hearing in relation to approving the proposed disposition of Disposition Parcel A to “White Plains Kensington LLC”, the proposed disposal price, and the “Contract for Sale of Land for Private Redevelopment by and between the White Plains Urban Renewal Agency (“Agency”), the City of White Plains (“City”), and “White Plains Kensington LLC” (“Kensington LDA”) and authorizing publication of the Notice of Availability for Public Examination of the ”Redeveloper’s Statement for Public Disclosure” respecting disposition of Disposition Parcel A in the East Post Road Phase II Urban Renewal Project, Project No. WPUR-9B submitted on behalf of “White Plains Kensington LLC”.
5. Resolution of the Common Council of the City of White Plains (“Common Council”) (A) approving the designation by the White Plains Urban Renewal Agency (“Agency”) of the White Plains Kensington, LLC, as the qualified and eligible sponsor for the redevelopment of certain property in the East Post Road Phase II Urban Renewal Project, Project No. WPUR-9B, and known as Disposition Parcel A (“Disposition Parcel A”), (B) granting approval of such designation; ( C) approving the proposed land disposition by the Agency of Disposition Parcel A to White Plains Kensington, LLC, (D) approving the form and terms of the proposed Disposition Agreement (“Kensington LDA”); (E) approving the disposition price; and (F) authorizing the execution by the Chairman of the Agency and the Mayor of the City of White Plains (“City”) of Kensington LDA and execution and delivery of all necessary disposition documents.
6. Communication from Executive Director, Urban Renewal Agency, in relation to the redevelopment of the East Post Road Phase II Urban Renewal Project, Project No. WPUR-9B.
7. Resolution of the Common Council of the City of White Plains (“Common Council”) approving the acquisition by the White Plains Urban Renewal Agency (“Agency”) of the property known as 12-14 Cromwell Place, and shown on the Tax Maps of the City of White Plains (“city”) as Section 130.27, Block 4 Lot 4, and Section 130.27, Block 4, Lot 5 (referred to herein as “Acquisition Parcel A” and shown on the “Acquisition Parcel Map,” dated March 4, 2007, attached hereto) from Cromwell Properties, LP, which property is located in the East Post Road Phase II Urban Renewal Project, WPUR-9B, and is being acquired pursuant to, and consistent with, the East Post Road Phase II Urban Renewal Plan, originally dated January 27, 2004, as amended to date, for the construction thereon of an assisted living facility for the frail elderly.
8. Resolution of the Common Council of the City of White Plains (“Common Council”) approving the acquisition by White Plains Urban Renewal Agency (“Agency”) of the property known as 10 Cromwell Place, and shown on the Tax Maps of the City of White Plains (“City”) as Section 130.27, Block 4 Lot 3 referred to herein as “Acquisition Parcel B” and shown on the “Acquisition Parcel Map,” dated March 4, 2007, attached hereto) from 90 Maple Realty Associates, LP, which property is located in the East Post Road Phase II Urban Renewal Project, WPUR-9B, and is being acquired pursuant to, and consistent with, the East Post Road Phase II Urban Renewal Plan, originally dated January 27, 2004, as amended to date, for the construction thereon of a portion of an assisted living facility for the frail elderly and a portion of the Longview Municipal Parking Garage.
9. Resolution of the Common Council of the City of White Plains authorizing and directing the preparation and execution of a deed for the City owned parcel shown on the Tax Maps of the City of White Plains as Tax Lot 130.27-4-6, located in the East Post Road Phase II Urban Renewal Project, Project No. WPUR-B, (which parcel is known as the Longview Municipal Parking Lot and described on the East Post Road Phase II Urban Renewal Plan as “Acquisition Parcel C,” as shown on the “Acquisition Parcel Map,” dated March 4, 2007, attached hereto) for purposes of assembling certain parcels in the East Post Road Phase II Urban Renewal Project Area to enable the construction of an approximately 700 space municipal parking garage and assisted living facility for the frail elderly.
10. Resolution of the Common Council of the City of White Plains (“Common Council”) approving the acquisition by the White Plains Urban Renewal Agency (“Agency”) of the property known as 4 Cromwell Place, and shown on the Official Map of the City of White Plains as Tax Lots 130.27-4-2, (referred to herein as “Acquisition Parcel D,” shown on the “Acquisition Parcel Map,” dated March 4, 2007, attached hereto) from Legal Services of the Hudson Valley Inc, which property is located in the East Post Road Phase II Urban Renewal Project, WPUR-9B, and is being acquired pursuant to, and consistent with, the East Post Road Phase II Urban Renewal Plan, originally dated January 27, 2004, as amended to date, for the construction thereon of a portion of the Longview Municipal Parking Garage.
11. Resolution of the Common Council of the City of White Plains authorizing the Commissioner of Public Works, or his designee, to accept from the White Plains Urban Renewal Agency (“Agency”), on behalf of the City of White Plains (“City”), the deed for the property known as Disposition Parcel B in the East Post Road Urban Renewal Project, Project No. WPUR-9B, which Disposition Parcel is shown on the attached “Disposition Parcel Map,” dated March 7, 2007, and will be more fully described in Schedule A of the deed, for the purpose of enabling the construction on Disposition Parcel B of an approximately 700 space Longview Municipal Parking Garage, as contemplated in the East Post Road Phase II, Urban Renewal Plan.
12. Resolution of the Common Council of the City of White Plains (“Common Council”) (A) requesting the White Plains Urban Renewal Agency (“Agency”) to prepare, or cause to be prepared, the necessary documents and approval actions to enable the Common Council to (1) designate White Plains Hospital Medical Center (“Hospital”) as the qualified and eligible sponsor for the lease of a minimum of one-half of the parking spaces in the to-be-constructed, 700+ space Longview Municipal Parking Garage (“Hospital Lease”), such garage to be located on “Disposition Parcel B” in the East Post Road Phase II Urban Renewal Project, Project No. WPUR-9B, and (2) approve the Hospital Lease, the rental terms of such Hospital Lease to be consistent with the terms described in this resolution; and (B) scheduling a public hearing for May 7, 2007, on (1) the designation of the Hospital as qualified and eligible sponsor for the Hospital Lease and (2) on the Hospital Lease, and authorizing publication of the Notice of Availability for Public Examination of the “Redeveloper’s Statement for Public Disclosure” submitted by the Hospital with respect to the lease of parking spaces in the to-be-constructed Longview Municipal Parking Garage pursuant to the proposed “Hospital Lease.”
13. Communication from Environmental Officer
14. Environmental Findings Resolution (modified) in conjunction with the East Post Road Phase II Urban Renewal Project, Project No. WPUR-9B.
FIRST READING
ORDINANCE:
15. Communication from Chairman, Capital Projects Board, in relation to Capital Project No.C5229, Longview Avenue Parking Garage – Design and Construction.
16. Ordinance amending the Capital Projects Fund by amending an ordinance entitled, “Ordinance amending the Capital Projects Fund by establishing Capital Project No. C5229 “Longview Avenue Parking Garage – Design.”
17. Bond Ordinance authorizing the issuance of $19,000,000 bonds of the City of White Plains, Westchester County, New York, to pay part of the cost of the $19,657,000 estimated maximum cost of the construction of the Longview Municipal Parking Garage on land to be acquired or re-acquired from the White Plains Urban Renewal Agency in and for said City, pursuant to the East Post Road Phase II Urban Renewal Plan.
18. Ordinance authorizing the guarantee up to $4,000,000 aggregate principal amount of indebtedness of the White Plains Urban Renewal Agency, in furtherance of the East Post Road Phase II Urban Renewal Plan.
19. Communication from Commissioner of Public Works in relation to a request by Silverman Realty Group to permit the installation of a canopy at 24-26 Mamaroneck Avenue and authorizing a revocable license agreement with the City to permit encroachment into the public right-of-way.
20. Ordinance of the Common Council of the City of White Plains authorizing the Commissioner of Public Works to enter into a revocable license agreement with 24-26 Mamaroneck Ave., LLC to permit encroachment upon City right-of-way in connection with improvements to the existing building at 24-26 Mamaroneck Avenue.
RESOLUTION:
21. Communication from Corporation Counsel in relation to a request submitted on behalf of Bloomingdale Road Investors, LLC, (The Source at White Plains) for a proposed minor amendment to a previously approved site plan to establish a drop off area along Bloomingdale Road between Maple Avenue and the southern access driveway to the garage near the two existing restaurants , and directing that the matter be referred to the Common Council for review and consideration as a substantial amendment.
22. Resolution of the Common Council of the City of White Plains expressing its objection to that portion of the Acting Commissioner of Building’s determination that the amendment submitted on behalf of Bloomingdale Road Investors, LLC (“Applicant”) to the site plan approval by the Common Council on December 20, 2001, for the project known as The Source at White Plains (formerly “Fortunoff”) to provide a drop-off area to be situated along Bloomingdale Road between Maple Avenue and the Southern Access Driveway to the garage near the two restaurants within The Source at White Plains, be considered as a minor amendment and directing the Acting Commissioner of Building to refer the proposed amendment to the Common Council for review and consideration as a substantial amendment in accordance with Section 7.7.2 of the Zoning Ordinance of the City of White Plains (“Zoning Ordinance”).
ITEMS FOR REFERRAL:
23. Communication from Acting Commissioner of Building transmitting an amended site plan submitted on behalf of North Street Community LLC, a Traffic Management Plan, and requested documentation for the construction of a Planned Senior Residential Development, on the former St. Agnes Property.







