WHITE PLAINS CITIZENETREPORTER SETS RECORD VISITS FOR YEAR 7,017,658 VISITS! 2,098,003 VISITORS MADE 6 VISITS A DAY EVERY DAY. 63,330 UNIQUE VISITORS MADE 133,730 VISITS IN DECEMBER. WPCNR AVERAGED 17,284 VISITORS A WEEK, VISITING 31,270 TIMES.

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WPCNR PRESS BOX. By Fastpitch Johnny. August 9, 2006: Besides the Yankees and the Pale Hose playing on the South Side of Chicago tonight, there’s another big game on the North Side, which can be heard on the internet tonight at 7:30.    The National Pro Fastpitch season swings into its final two weeks tonight with the Connecticut Brakettes 4 games behind the class of the league, the Chicago Bandits, currently holding a 3 game lead over the third place Brakettes.

 

The Brakettes are riding a 4-game winning streak for their second series with the Bandits, after defeating the Philadelphia Force 6-1 Sunday in pitcher Kaci Clark’s last game as a Brakette. Clark the stylish little right-hander, shown firing to Sarah Fekete of the Force Sunday afternoon has been a fixture in the Brakette circle  before the club joined the National Pro Fastpitch league this year, announced her retirement after a decade of beind perhaps the leading professional and amateur pitcher in fastpitch softball. Photo, WPCNR Sports.

 

 

Sunday afternoon’s twilight contest showed Kaci Clark at her best, easing out of Force threats in the 1^st, catching the Force’s Big Boppette, Jenna Hall looking to strand Carrie Leto at second; in the third when with three straight singles by Sarah Fekete, Leto and Chelsea Spencer, she struck out Hall swinging for out number two and induced the hard-hitting Ryan Realmuto to ground to short.

Meanwhile the Brakettes scored in the second when Aimee Minor, who had walked scored from second on an error by Force Shortstop Spencer. VanBrakle, the Force right hander matched Clark until the fifth, when K.C. again ran into trouble. Fekete singled, Leto seingled and Spencer single to load the bases. On a 2-2 pitch, Clark induced Hall to hit a sacrifice fly to left scoring Fekete to tie the game 1-1. But, with the game on the line, K.C. fanned Realmuto to retire the side.

 

 

Aimee Minor at the plate about to thread a bleader in the first base hole to plate Kelly Wilkerson with the winning run Sunday afternoon. Wilkerson edges down off third. A wild throw to third allowed Germaine Fairchild to score to make it 3-1. Photo, WPCNR Sports.

 

In the fifth, VanBrakle faltered. Team USA’s Kelly Kretchman laced a hard shot in the first base hole to right. Kelly Wilkerson ground to Leto at second for a fielder’s choice and the Kettes’ Jessica Merchant looled a single to right putting Wilkerson on second. Germaine Fairchild hit into another fielder’s choice to Leto, moving Wilkerson to third, erasing Mechant at second with Germaine reaching first.

 

That brought up Aimee Minor the DP. Minor worked the count to 1-1 and hit a slow roller to the right of  second baser, Carrie Leto. The ball had eyes and a lot of English worming it’s way past Leto on a crazy roll into right, a hit! The Force’s rightfielder, trying to head off Fairchild at third overthrew third, allowing Germaine to score and it was 3-1, Connecticut. Van Brakle deserved a better fate.

 

The runs stoked Kaci Clark who finished off the Force without incident in the sixth and seventh, fanning the last two hitters. In the bottom of the sixth, Kellie Wilkerson launched a three run homer to set the stage for tonight’s showdown with the Bandits in Chicago.

 

Kaci Clark throwing the last pitch to win the 2002 ASA National Fast Pitch Championship at Frank DeLuca Field. Photo, WPCNR Sports.

 

Clark, of the feared riser has won 4 games and lost 5 for the Brakettes this year working as the third starter after Sarah Pauly and Nikki Myers who will shoulder the circle duty in the playoffs coming up. Clark pitched the Brakettes to the ASA Championship in 2002, shutting out the Southern California Hurricanes, 1-0, fanning 13 in a game we were privileged to see, and duplicated the feet in 2003, beating the Team Smith All-Stars.

 

Clark, during her college career was undefeated in 1995 for UCLA, winning the College World Series Championship, and pioneered the Women’s Professional Softball League from 1996 to 2001, in many ways she could be considered the “Satchel Page” of women’s professional softball – who gave credibility and heart to the league that the media did its best to bury.

 

Clark (who is only 5-3) is an inspiration to many young ladies who want to pitch. Kaci taught and demonstrated pitching in the Brakettes clinics held at DeLuca Hall of Fame Field and Short Beach in Bridgeport every summer.

 

K.C. In action, July 2003. Photo, WPCNR SPorts.

 

In the circle, she was stylish, with a compact, exploding motion like a right-handed Whitey Ford (if Whitey pitched windmill). She affected white and red pony tail ribbons while she dazzled hitters with a battery of pitches: curve, drop, change, fastball, riseball (her most effective pitch). Girls wanted to be like her and pitch like her, and most importantly, watching her, they believed they could.

 

At the conclusion of the game Sunday afternoon in a glorious setting sun, Clark left her red spikes in the circle at the conclusion of the game. The Connecticut Brakette website quotes Kaci’s reminisces:

 

 “ I thank the Brakettes and our sponsors Dave and Dotty Carpenter for giving me the chance to be a part of Brakette history. I still remember watching my first Brakettes game as an eighteen year old. Seening Dot Richardson, Sheila Cornell, Lisa Fernandez, and Barbara Reinalda on the field made me wonder if they made Brakette uniforms small enough for me. Finally after the last pro league folded, I got my chance to be a Brakette.”

 

K.C. Whipping it In against the Bandits, June, 2006. Photo, WPCNR Sports.

 

The crowd gave her a standing ovation. In recent years, Kaci has pitched for the New York New Jersey Juggernaut in the NPF, and returned to the Brakettes this year. It is fitting as the Brakettes turned professional that Kaci helped lead them to their present 23-12 mark in the NPF as they begin their series with the Bandits tonight.

 

John Stratton, Manager, Connecticut Brakettes.

Photo, Connecticut Brakettes.

 

John Stratton, Brakette manger said of Kaci coming to the Brakettes in 2002,  on the www.ctbrakettes.com, that “Kaci came in and added that charisma, that presence which put us over the top. I love this kid,” this year, he said, “She helped us make the transition from ASA ball to the NPF easier. She’s a consummate pro, and we’ll miss her.”

 

Clark hangs up the spikes with a career Brakette record of 64-12, and a career ERA of 0.59, and 819 strikeouts and just 79 walks.

 

Not Too Shabby a Debut In June

 

The Brakettes with two weeks remaining in the season have a record of 23-12 and are 0-2 against Chicago in their debut season in the NPF – the toughest fastpitch league in the world.

The Bandits, delayed on a flight from Chicago on June 22 took the field warmed up quickly and  spotted the Brakettes a 2-0 lead. The lead was manufactured on an error by the Bandit shortstop  Jaime Clark after the Brakettes loaded the bases on a single by Steph Best, and two passes by Jessica Sallinger.  Stephanie Hill’s grounder to Shortstop Jaime Clark produced a wild throw from Clark and the first baser Chris Enea threw wildly to the plate allowing Jessica Merchant to score, too for a 2-0 lead.

 

Meanwhile, Kaci Clark pressed into service when the Brakette starter Sarah Pauly could not take her turn due to an eye injury help the cruel Bandit bats at bay for 4 innings stranding two Bandits in the second, and another in the third.

 

In the fifth the Bandits struck for a fast 3 runs to take the lead, Anne Steffen lead off with a single to deep short, the Team USA third base wizard, Vicky Galindo singled again deep in the hole, after Clark fanned Trina Peel, and wild pitched Steffan and Galindo to second and third, Jaime Clark ripped a humpback liner to right center to plate Steffan. Then Kaci uncorked a wild pitch to score Galindo, and move Clark to second to make it 2-2. Nicole Trimboli grounded out moving Clark to third who scored on a single by pinchhitter Mackenzie Vandergeest on a 3-1 pitch to put the Bandita ahead, 3-2.

 

The Bandits broke it open in the sixth when second baser Stacy May singled. Clark hit Anne Steffan with a pitch. Galindo’s sacrifice bunt moved the runners up. Peel hit into a play at the plate and it looked as if Kaci was going to ease out of it. It was not to be. Jaime Clark blasted the first pitch one hop to the fence in right center for a triple to make it 5-2. Clark was lifted. Trimbolit singled to make it 6-2 and when her ball was misplayed in the outfield, she came around to score to make it 7-2. It was an impressive come-from-behinder by the Bandits. Both Bandit rallies were started by the bottom of the order which is significant. No easy outs.

 

The next night Sarah Pauly took her regular turn and ran into the old reliable Juggernaut, Gina Oaks who shut the Brakettes out – no easy feat – on  a one-hitter – fooling them with her offspeed pitches. Oaks pitches a lot like Lew Burdette, the old Braves right hander who won 3 games in the 1957 World Series, inducing lots of ground balls.

 

Tonight the Brakettes may see Amy Harre the Bandits’ top winner with a 10-1 record with a 1.01 ERA in 97 innings pitched. She is backed by Jessica Sallinger and Oaks who each have 6-3 records.

 

Jessica Sallinger in the circle for the Bandits June 22, Frank DeLuca Field. Photo, WPCNR Sports.

 

The Bandits feature a Murderesses’ Row of hitters with 6 hitting over .300 – and that’s saying something in this league where they face the best pitching in softball. Proof of that statement is how many of the Team USA players who play in the NPF destroyed the opposition in the recent World Cup.

 

The Bandits come at you with Anne Steffan, hitting .437 at second base; the Team USA Champ at third, Vicky Galindo who’s hitting at .354 clip, and second sacker, Stacy May, checking in with a .349 average.

 

Selena Collins the catcher is at a not-too-shabby .314, with Jaime Clark the big RBI-Ette with 30 Ribbies and a .309 average and 4 solo shots.

 

Brakettes Round into Form.

 

The Connecticut Brakettes are lead by their TEAM USA Leadoff masher, Kelly Kretschman hitting .407 and their shortstop, the rangy  Michigan Clipper, Jessica Merchant clipping along at .367 with 22 RBIs and 9 homers. Kelly Wilkerson the trusty first baser is second in RBIS with 18 and Germaine Fairchild, the catcher has 17.

 

Aimee Minor is the next most consistent hitter on the club with a .271 average with Stephanie Best the second baser at .269.

 

Pauly has been the Brakettes’ Number 1 pitcher with a 12-4 record and the fiery Myers 7-3. A split with the Bandits or better taking 3 of 4 at the Bandits’ field at Benedictine University on the North Side would be good positioning for the NPF playoffs which will be held in Stratford, Connecticut with the Brakettes the Host Team.

 

Brakettes Pro Fast Pitch Playoff Tickets on Sale.

 

Tickets went on sale this week for those National Pro Fast Pitch Playoffs that will begin Saturday August 26 and wrapup with the Championship Game Sunday August 27 at Frank DeLuca Hall of Fame Field. Saturday the two semi-finals will be played at 1 P.M. and 7 P.M. The winners meet in the one for the money Sunday at 6 P.M.

 

 

Frank DeLuca Hall of fame Field. Brakettes and the Force in Pregame Workouts Sunday. Photos, WPCNR Sports.

 

Getting that Ponytail Just Right. Carri “Lightning” Leto, the former NPF Champion second baseman with the Juggernaut,  having her trademark tail adjusted in the dugout prior to gametime. Photo WPCNR Sports.

 

Tickets for all three games are $15 each for box seats, $12 for Reserve and $9 Bleacher Tickets are now on sale through August 25.

 

Single game admission prices on the days of the Games are $10, $8 and $6 respectively.

Fans may order tickets by contacting the Connecticut Brakettes at 203-378-7262 or by e-mail at brakettes05@hotmail.com, or by mail order. The Brakettes Box Office is located at 185 Lordship Boulevard, Stratford, Connecticut 06615. Ticket Information is also available at www.ctbrakettes.com

 

Rain Plagued Season.

 

In a season plagued by rainouts, causing a disparity of games played between the clubs, the Brakettes have done well against established opposition. At this stage of the NPF season, the Bandits lead the league with the surprise team of the season, the New England Riptide,  in second place 3-1/2 games out, the Brakettes are 3 out and last year’s champs, the Akron Racers five games out. Those four teams will make the playoffs. Last year Chicago took it all but lost in the Playoff opening round to the Akron Racers. If teams finish where they are it likely will be the Brakettes and the Riptide and the Racers and the Bandits in the opening round, though parings have not been announced yet.

 

The Brakettes return home to Frank DeLuca Field for four games with Team Canada next week and finish the season with makeup doubleheaders against the New England Riptide which polished off the Brakettes  3 out of 4 in Lowell Mass in a recent four game set to take over second place.

 

The National Pro Fast Pitch Standings August 14, 2006

                                                                W       L     PCT.     GB  

 

Chicago Bandits                                 27     11      .711    ____

 

CONNECTICUT BRAKETTES         25   14      .641       2-1/2

 

  New England Riptide                        23   14      .622       3-12

 

Akron Racers                                       26     17     .605        7

 

Texas Thunder                                    18     26     .409       12

 

Arizona Heat                                         17     27    .386       13

 

Philadelphia Force                              15     22     .395       11-1/2

 

 

So long kids. Kaci Clark, pitching for the NPF Champion NY-NJ Juggernaut in 2004, when they won it all, when she formed the pitching staff with Amanda Scott and Gina Oaks.  Photo, Courtesy, NY-NJ Juggernaut.

 

 

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WPCNR CITY HALL CIRCUIT. By John F. Bailey. August 8, 2006; UPDATED August 11, 2006: The city Urban Renewal Agency will be asked Friday morning to borrow $9-10 Million to finance affordable housing at The Pinnacle. The innovative arrangement is made possible by invoking an obscure statute which in the opinion of the city’s bond lawyer,  grants the agency the ability to finance beneficial projects within the urban renewal district, Paul Wood, the City’s Executive Officer said today.

The action, in effect, turns the Urban Renewal Agency into a city “Industrial Development Agency” for the Urban Renewal District. Whether this “City IDA” could extend its “help” to other parts of the city is not known.

The Mayor is expected to ask the Urban Renewal Agency Friday morning to borrow  $9 Million to $10 Million to aid developer Martin Ginsburg in building the 52 units of affordable housing Ginsburg has promised to build at his Pinnacle project as part of his approval for the project, Paul Wood, the City’s Executive Officer announced today.

The money had previously been sought by Ginsburg Development Corporation from the Westchester County Industrial Development Agency but was refused according to the Ginsburg orgranization. Wood said he discovered the Urban Renewal Agency statute, but did not have a copy of it for reporters at the time of the WPCNR call. Wood said after discussions with the City Commissioner of Planning Susan Habel and the city bond lawyer, Randy Meir, he felt confident the bonding ability was within the Urban Renewal Agency’s discretion.

Wood said the $10 million in bonds would not be the city debt to pay back, but would be Ginsburg’s responsibility. He said in the first edition of this article,  that the 52 units, 41 being built for Louis Cappelli, the Super Developer, as part of an agreement Cappelli and Ginsburg made allowing Ginsburg to build the Pinnacle, would cost Ginsburg $52 Million to build and the financing would speed construction. However, in official documents describing the proposal released August 10, the cost of the building has been put at $17 Million.

The announcement of the surprise financing through the Urban Renewal Agency, removes the delay that has been plaguing The Pinnacle project. Monday evening the Common Council approved an increase in height of The Pinnacle to 28 stories on the consent agenda with no hearing or discussion.

However, Councilman Benjamin Boykin expressed concern on when the affordable housing piece of the project planned for the Main Street side of the Pinnacle, would be started by Ginsburg. The Certificate of Occupancy for the 221 Main Ritz Carlton Project, that Cappelli is hoping to open in fall, 2007, cannot be issued until the affordable housing Cappelli owes for approval of that project is opened.

Details of the payment arrangements and responsibilities of the parties are sketchy at this time.

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WPCNR QUILL & EYESHADE. By John F. Bailey. August 7, 2006 UPDATED August 8, 2006: Tastefully tucked away in the First Reading Ordinances, Items 29-30 on Monday evening’s Common Council Agenda was an ordinance authorizing the first of the new fiscal year’s certioraris, which is a $523,337 refund to Macy’s of The Galleria, and a corresponding lopping of their assessment from $1.8 Million to $900,000, continuing the assessment drain lead by commercial properties in the city.

 

The $523,337 refund translates to approximately an additional  $2.1 Million refund from the city school district. (School Taxes are 4 times the city tax). The School District is planning to issue an $8 Million bond to cover this and other expected certiorari refunds this year, the debt service coming out of school taxes.

 

The Monday evening  settlement covers tax years 1995-96 through 2005-2006. Paul Wood, the City’s Executive Officer, said the settlement is not a new one but is the other half of the settlement with Federated Department Stores from last year where Bloomingdales’ received a tax cert. Wood  confirmed the $523,337 would come out of this year’s budget and affect the 2007-2008 tax roll.

 

Mr. Wood also said that the city made its budget in the final quarter of 2005-2006 ending June 30, actually making more than the budget called for, and he would get the figures for WPCNR from the Commissioner of Finance. WPCNR awaits the good news.

 

It is too early to tell whether this is the beginning of a new raft of certioraris that will outpace increases in assessments from condominium and home sales and possibly increased PILOT payments this year that will result in additional pressures on the school and city taxes, or perhaps, keep the assessment roll even which would stop a disturbing trend.

 

In the last four years, the City Tax Roll has declined $22,472,507, ($4.4 Million in 2003-2004, $9.1 Million in 2004-2005, $2.6 Million in 2005-2006, and 2006-2007, $6.3 Million). This has shifted the burden of paying for the city and school services to the homeowner to the benefit of the commercial property owner.

 

Meanwhile the White Plains homeowner is paying the vast share of taxes, and faces a watershed increase in taxes as the school district prepares to repair its physical buildings.

 

The school budget at $165.8  Million in 2006-2007 has grown from $89.4 Million in 1995-96. That is an increase of 86% in a decade when inflation has risen 26%. To finance this growth and the recent declines in city commercial assessments, the school district has increased Mr. and Mrs. White Plains school taxes 92%. From $202.91/$1,000 of assessed valuation(1995-1996) TO $449.64/$1,000 in 2006-2007.

 

With the city budget fat with expenses that outstrip its revenues this has resulted in an increase of city taxes of 7.8% this year.  The continued dwindling of commercial property assessments of established successful business mainstays of the city  through the certiorari process appears to be continuing  as evidenced by the Macy’s refund  approved Monday night. 

 

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WPCNR’S ADAM IN ALBANY. By Assemblyman Adam T. Bradley. August 4, 2006: I am very pleased to announce that the governor recently signed legislation I authored to facilitate communication between parents and teachers by establishing an Internet-based communications system for schools (Ch. 160 of 2006). The new law, known as the Parent-Teacher Communications Act will help parents remain involved in their children’s education.

 

 

A child’s education is greatly enhanced by parental involvement. Unfortunately, large class sizes and busy parental work schedules often do not allow for sufficient communication between parents and teachers. This new law will help bridge the gap between the home and the classroom.

 

The Parent-Teacher Communications Act requires the state Education Department to develop guidelines to help schools establish Internet communication systems for parents or guardians to communicate with teachers. Combined with reform and oversight legislation, the measure will help parents communicate with teachers and enable them to provide important information and stay more involved with their children’s education. It will also enable educators to provide parents with important information regarding their child and make educators more accessible.

 

I have been working to ensure that our children have the best education and that our schools operate in the most efficient manner. Last year, I sponsored a new law (Ch.263 of 2005) to increase oversight of school districts statewide. To continue these efforts, the Legislature’s 2006-07 bipartisan budget agreement doubles the money for state Comptroller audits of schools, providing $2.8 million over last year to make sure our tax dollars make it into the classroom. 

 

Money alone cannot achieve our educational goals; we must have accountability and we must have reform. We must involve parents and help enhance their role in our children’s education. I look forward to continue working on measures that make sure that our schools are the very best they can be.

 

 

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WPCNR THE FEINER REPORT. By Town of Greenburgh Supervisor Paul Feiner. August 3, 2006: Paul Feiner has announced an agreement with Verizon to provide cable fiber optic service to Greenburgh and assorted villages, to the media today. Here is Mr. Feiner’s announcement and explanation of the agreement:

The Greenburgh Town Board will be holding a hearing on a proposed agreement that will enable the town to have cable TV competition. Verizon is seeking a franchise with the town. The hearing will be held on Wednesday, August 9^th at 7:15 PM at Greenburgh Town Hall. If you are able to attend the hearing to express your thoughts on the proposed franchise and on the concept of cable TV competition – it would be appreciated.  I have been pushing for cable TV competition since the early 1980s. I believe that competition will result in better service, more options for customers and hopefully more competitive rates. The following is a summary of the proposed franchise agreement.  The Town Board has the option to vote on the agreement at the August 9^th meeting or to put the vote off till our September meeting. Cablevision is also in the process of concluding a proposed franchise agreement with the town.
PAUL FEINER

 

Here is the text of the Town of Greenburgh agreement with Verizon:

 

SUMMARY OF PROPOSED FRANCHISE AGREEMENTS BETWEEN VERIZON NEW YORK INC. AND THE VILLAGE OF ARDSLEY THE TOWN OF GREENBURGH, THE VILLAGE OF HASTINGS-ON-HUDSON, THE VILLAGE OF IRVINGTON, THE VILLAGE OF TARRYTOWN

 

Background

 

A Consortium of the Town of Greenburgh and the villages of Ardsley, Hastings-on-Hudson, Irvington and Tarrytown (Consortium) has conducted a process originally seeking to simultaneously conclude both a new cable television franchise with Verizon New York Inc. and a renewal cable television franchise with Cablevision of Westchester.  However, this original objective has proven elusive for a number of reasons. Consequently, the Consortium – in consultation with elected and appointed officials of its constituent municipalities – more recently has focused on negotiations with Verizon New York Inc. in response to the latter’s demonstrated greater interest in concluding an agreement. The document that you have either received or soon will be receiving represents the results of these negotiations.

The renewal process with Cablevision remains open and the Consortium looks forward to resuming that process at the earliest opportunity.

Process

 It should be stressed that this franchising process is not a competitive bid situation.   Verizon and Cablevision are each entitled to a franchise (or renewal) to provide cable television service if they (a) comply with federal and state laws and regulations and (b) agree to meet the reasonable cable-related community needs specified by the local franchising authority (i.e.,the Town and each of the villages).

The Consortium prepared for negotiations by carefully reviewing the cable-related needs of its constituent communities taking into account the costs associated with meeting those needs. The bulk of those cable-related needs were concerned with public, educational and government access and this fact is reflected in each proposed agreement commensurate with the demonstrated need in each community. However, in the conduct of the process other such needs were identified and these also are reflected in the proposed agreement.

State regulations specify certain minimum franchise standards. In particular, Section 895.3 of Public Service Commission cable television, rules states that “No municipality may award or renew an agreement which contains economic or regulatory burdens that when taken as a whole are greater or lesser than those burdens placed upon another cable television franchise operating in the same franchise area.” While much of the evaluation regarding level playing field awaits completion of the Cablevision renewals (whose underlying current franchises have nominally expired but are continued provisionally under temporary operating authorities granted by the PSC), the Consortium has negotiated the proposed agreement with Verizon giving particular attention to this important responsibility.

 

The Greenburgh area communities are on the cusp of a new competitive marketplace for cable television service. Obviously, the public hearing is a key stage in that process. Within 60 days of the municipality’s approval of the franchise, Verizon is required to file an application for a certificate of confirmation with the PSC. Upon release of an order granting the certificate, Verizon may then begin to provide cable service to the community.

Highlights

 The proposed franchise agreement with Verizon affords each municipality in the Consortium and its residents the maximum benefits reasonably achievable under the current cable television regulatory and business environment. In most cases, these benefits are quite liberal when compared with some contracts recently concluded in other jurisdictions. 

Term

 This agreement provides for a non-exclusive grant of ten (10) years. 

Service Obligations

Verizon is required to provide cable television service to all residents within five years. The sole exception to this commitment is a finding of economic infeasibility by the PSC, each and any incident of which must be filed for and demonstrated to the PSC’s satisfaction by Verizon. In most if not all cases, Verizon has or will indicate in its application that it has completed the construction of its Fiber to the Premises (FTTP) network to in excess of 90% of the households in each of the municipalities. Economic redlining is expressly prohibited. The vast majority of the residents in each community will have service available to them almost immediately following PSC certification.

Verizon is required to comply with all Federal and state laws and regulations pertaining to cable television service including the handling of requests for service, complaints and trouble calls, subscriber billing, termination of service for non-payment, system installation and repairs, subscriber credits and fee waivers, protection of subscriber privacy, technical performance and safety of the technical plant. While adequate safeguards exist within federal and state rules and the proposed agreement, it is expected that the imperatives of a competitive marketplace also will ensure the provision of superior customer service. Nonetheless, there is a procedure specified in the proposed agreement to effectively address deficiencies in this regard short of revocation of the franchise.

 Verizon must maintain its system using materials of good and durable quality and all work performed with respect to the system must be done in a safe, thorough and reliable manner. Verizon must comply with all local laws governing the right-of-way and the municipalities retain all rights regarding police powers. Verizon must comply with federal and state Emergency Alert System requirements. While Verizon is required to maintain a system with the minimum capacity of 860 MHz and 77 analog channels, it is expected that, in addition to the safeguards described in the proposed agreement, the imperatives imposed by a competitive marketplace will compel Verizon to regularly maintain and improve its system to meet the needs of its customers and in other communities currently being served has exceeded the minimum standards.

Franchise Fees

Verizon is required to annually pay, on a quarterly basis, a franchise fee of five percent (5%) based on “all revenue, as determined in accordance with generally accepted accounting principles, which is derived by Franchisee from the operation of the Cable System to provide Cable Service in the Service Area.”

Because the amount of the franchise fee collected from subscribers is included within the definition of gross revenue in the proposed agreement, the effective rate of the franchise fee obligation is 5.25%. Each payment must be accompanied by a report showing in detail the basis for the computation. The proposed agreement anticipates a marketing device known as “bundling” under which voice, internet and video programming (cable) services are offered at a discounted rate if the subscriber agrees to subscribe to all three in a package from the same company. If such  bundling occurs, Verizon has agreed not to allocate such discounts “for the purposes of evading the franchise fee”, and to “allocate the bundled discount such that the discount allocated to Cable Service revenues will not exceed the amount which would be allocated to Cable Service revenue on a pro rata basis”.

The municipality may audit any such payment for a period of up to three years after such payment is first made.

Public, Educational and Government Access Support

 Under the proposed agreement, Verizon agrees to make available three full time, dedicated Public, Educational and Government Access (PEG) channels on its cable system to be transmitted as part of its basic broadcast offering.

In addition to agreeing to provide, install and maintain, without cost to the municipality, the equipment for receiving a video signal feed from each municipality’s “master control” facility for distribution to the community at large, Verizon has agreed to provide live interconnection to the “master control” facility from up to three sites in each community.

If the underlying technology changes in such a manner as to render the existing connections inoperable or insufficient, Verizon has agreed to provide suitable upgrades and replacements, also at  no charge to the municipality.  Verizon also is required under the proposed agreement to make both an “Initial PEG Grant” and “Annual PEG Grants” to be used by the municipalities for capital costs associated with PEG access.

Within sixty (60) days of effective date of the proposed agreement, Verizon will pay to each municipality for the following “Initial PEG Grant”:

 

Ardsley                          $24,793

Greenburgh                    $88,843

Hastings-on-Hudson      $61,983

Irvington                        $33,058

Tarrytown                     $41,322

 The “Annual PEG Grant” is payable annually on the anniversary of the effective date of the proposed agreement. In order to ensure competitive neutrality, the amount due to each municipality is expressed as a monthly per-subscriber assessment as follows:

Ardsley                          $0.57

Greenburgh                    $0.60

Hastings-on-Hudson      $0.75

Irvington                        $0.55

Tarrytown                     $0.69

 Provisions are made within the proposed agreement for computational methodology.  Each annual payment is to be accompanied by a report explaining in sufficient detail how the payment was calculated and on what basis. Verizon also is given the option to defer the first payment of the “Annual PEG Grant” for a period not to exceed three years from the effective date of the proposed agreement or until such time as it has recovered from subscribers an amount equal to the Initial PEG Grant, whichever is earlier.

 The amounts associated with the “Annual PEG Grant” are contingent on each municipality requiring Cablevision, in any renewal agreement, to make “substantially equivalent PEG financial contributions”.  In the case of the “Initial PEG Grant,” if a municipality does not require Cablevision to provide substantially equivalent PEG contributions, then Verizon may offset against its franchise fee obligations to the municipality by the amount by which the Initial PEG Grant that it is required to pay exceeds the amount that Cablevision is required to pay. Consistent with federal law, Verizon is permitted but not required to pass  these costs on to subscribers and to identify them as a separate line-item on its billing.

 

Other Provisions

The proposed agreement requires Verizon to repair or replace and to restore to serviceable condition any municipal property damaged or destroyed in connection with its provision of cable service and to restore to its pre-existing condition any subscriber property damaged in connection with the installation, repair or disconnection of cable service 

Consistent with recent PSC orders, the proposed agreement provides that upon delivery of cable service, Verizon’s FTTP network becomes a “mixed use” facility subject to the PSC’s minimum cable television franchise standards and the police power of the municipality but that the municipality is not granted any broader authority over the construction, placement and operation of the mixed use facilities as a consequence of Verizon’s providing the municipality with cable service.

 

Free basic cable service will be provided to each public library and educational institution chartered or licensed by the state education department or Board of Regents, as well as other buildings used for municipal purposes.

 

Under the proposed agreement, the municipality has the right to inspect Verizon’s pertinent books and records and Verizon  will be required to maintain certain records for a period of three years.

There are insurance and indemnification requirements running to the benefit of the municipality.

The municipality retains the right to approve or deny transfers, consistent with the limitations imposed by federal law.

Verizon is prohibited from abandoning service, in whole or in part, without the written consent of the municipality.

Equal employment opportunity practices also are ensured under the proposed agreement.