Governor Announces Agreement on College Sexual Assault Legislation

WPCNR ALBANY ROUNDS. From the Governor’s Office. June 16, 2015:
Governor Andrew M. Cuomo, Senate Majority Leader John Flanagan and Assembly Speaker Carl E. Heastie today announced that a three-way agreement has been reached on the “Enough is Enough” legislation to combat sexual assault on college campuses in New York State.

This on-campus sexual assault prevention and response legislation was first proposed by Governor Cuomo in January. The package includes:

· A statewide definition of affirmative consent, defining consent as a knowing, voluntary, and mutual decision among all participants to engage in sexual activity;

· A statewide amnesty policy, to ensure that students reporting incidents of sexual assault or other sexual violence are granted immunity for certain campus policy violations, such as drug and alcohol use;

· A Students’ Bill of Rights, which campuses will be required to distribute to all students in order to specifically inform sexual violence victims of their legal rights and how they may access appropriate resources.

The Bill of Rights clearly states that students are given the right to know they can report sexual assaults to outside law enforcement, including the State Police;

· Comprehensive training requirements for administrators, staff, and students, including at new student orientations.;

· Reporting requirements for campuses to annually submit aggregate data on reported incidents of sexual violence and their adjudication and handling to the State Education Department; 

· A new unit within the State Police called the “sexual assault victims unit” specialized in advanced training in responding to sexual assaults and related crimes that shall also provide assistance to campus police or local law enforcement, as well as training to college campus communities;

· A commitment of $10 million to help combat campus sexual assault through various partners, split in the following manner:

$4.5 million to rape crisis centers to provide services and resources to students, $4.5 million to the State Police to create sexual assault victims unit, and $1 million to colleges and universities; and

· A requirement for first responders to notify survivors of their right to contact outside law enforcement.

“Today is a victory for students across New York State,” Governor Cuomo said. “As the Governor, and as a father, I am proud that with this legislation New York will become a national leader in the fight against sexual assault on college campuses.

This action is a major step forward to protect students from an issue that has been plaguing schools nationwide for far too long. Once again, New York is setting the standard for other states to follow, and I look forward to signing this legislation into law as soon as possible.”

Senate Majority Leader John Flanagan said, “I am pleased and proud that working together we have reached a consensus on a bill to combat and root out sexual assault so our college campuses are safe learning environments for all students. I thank Senator Ken LaValle for his hard work on this issue, as well as Governor Cuomo and Speaker Heastie, and I commend my colleagues and the advocates for helping us achieve a positive result on this extraordinarily important piece of legislation.”

Assembly Speaker Carl Heastie said, “Every student deserves the opportunity to obtain a higher education in a safe and supportive environment. Campus sexual assault disrupts victims’ lives and shifts their focus away from their studies. This plan encourages victims to speak up and provides a uniform policy for handling accusations throughout all New York State colleges, as well as bolsters support services for victims of this heinous act. New York must continue to lead the way in the fight against campus sexual assault.”
Supporters for this legislation include:
· Lady Gaga, who also co-authored an op-ed with the Governor;
· 17 of 18 county executives statewide;
· Whoopi Goldberg, who also filmed a video for the campaign;
· More than 40 city mayors from across the state;
· More than 100 elected officials from across the state;
· Nearly 20 members of New York’s Congressional Delegation;
· More than 50 statewide and local organizations, in addition to 30 advocacy groups, community organizations and unions and 14 labor groups;
· 28 public safety officials from across the state;
· Student advocates from Barnard College and Syracuse, Columbia, Fordham and New York Universities; and
· House Democratic Leader Nancy Pelosi.

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THE LETTER TICKER: RESIDENT CALLS FOR EXTENSION OF PUBLIC COMMENT PERIOD FOR “THE COLLECTION” PROJECT ON WESTCHESTER AVE GATEWAY — NOT ENOUGH WIDESPREAD NOTICE AND DETAILS WERE SPREAD BY CITY THEY SAY.

WPCNR THE LETTER TICKER. JUNE 16, 2015:

In the June 1 Common Council meeting, the city included on the backup consent agenda a notice of scoping issues for the new planned development called “The Collection.” It gave the public until June 22 to respond. There was no detailed explanation provided about this project.

You can see an explanation of this project detailed on this week’s edition of WHITE PLAINS WEEK, the city news roundup show at www.whiteplainsweek.com

A WPCNR reader has written that such a major project was not publicized enough by the city to generate enough awareness of the changes. The letter was sent to the Mayor and the Common Council and provided to the media:

To: Mayor Roach, Councilmembers Hunt-Robinson, Kirkpatrick, Krolian, Lecuona, Martin, Smayda
 
RE: “The Collection “
 
DATE: June 15, 2015
 
On June 13, 2015 a letter to you from White Plains resident Renee Marks Cohen was posted on WPCNR regarding the project named “The Collection” on Westchester Ave and vicinity.
 
Her communication raises many important questions. Among them is –WHERE CAN RESIDENTS FIND INFORMATION ON THIS PROPOSAL ON THE CITY’S WEBSITE SO THAT THEY HAVE THE ABILITY TO COMMENT ON IT?
 
Your response may be that it is there. Only if you know that such a proposal exists, what it is called, and then insert “The Collection” in the Search box and then it does appears – twice – has no map of the area included, and is incomplete. Somewhere there it states that public comments are accepted until June 22, 2015. Nothing else on that subject is anywhere on the website, not even on the Planning Dept. pages!
 
How can you expect public comment if the public has no access to information? This another example of, what seems to me, deliberate lack of transparency.
 
The quote below is from one of many federal websites, in this case Federal Highway Administration:

“Scoping, an open process involving the public and other Federal, state and local, agencies, commences immediately to identify the major and important issues for consideration during the study. Public involvement and agency coordination continues throughout the entire process.”

At the very least this project should appear prominently on the city’s home page and contain all the necessary information that the public has every right to know. If the current Planning Dept. Deputy Commissioner has neglected to take the necessary actions then it is to be hoped the newly appointed one will have the required expertise to rectify these omissions. Sending the complete documentation to Boards and Commissions does not obviate informing the public at large.
 
Therefore, I suggest that the appropriate neighborhood associations be officially notified, as well as the White Plains Board of Education and the residents on Franklin Ave and adjacent streets, so that they can contribute their comments. Most importantly, given the lack of information available to date, the date for submission of public comments be extended beyond June 22, 2015.
 
Respectfully,
 
Carry Kyzivat
 
Cc: WPCNR, CNA, North St Area Civic Assoc,White Plains Examiner, Renee Marks Cohen
 
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Standard Amusements Is the New Operator of Playland. Board of Legislators approves Playland Management Agreement Unanimously

WPCNR COUNTY CLARION-LEDGER.  Extracted From Various news releases from The Westchester County Board of Legislators and  WPCNR reporting by John F. Bailey (EDITED) June 15, 2015 UPDATED JUNE 16, 5:10 PM EDT.

As reported Monday afternoon by WPCNR, (as  County Legislator Benjamin Boykin predicted), the Board of Legislators passed legislation designating Standard Amusements as the new operator of Playland, with the county retaining ownership, while Standard preserves and upgrades the park. The agreement is for fifteen years.

With the passage of the agreement, Standard Amusements will now begin co-managing Playland with the County for the remainder of the 2015 season.  Following the co-management period, Standard has until October 31, 2015 to finalize the deal.

The terms of the Playland Management Agreement call for the County to receive an upfront payment from Standard Amusements of $2.25 million.  Standard is then required to make an additional $22.5 million in capital improvements to the park in the next five years.  Standard has indicated that they plan to make those investments in the first three years of the agreement.

If Standard after getting into the park this summer  finds the park situation unacceptable for renovation and upgrade for whatever reason by October 31, they have a right to walk away and pay the county $500,000 as a “buy-out.” The $2.25 Million upfront payment is being held in escrow until October 31.

After Standard has recouped its initial investment, the county would share in 7.5% of the profit from Playland operations.  Additionally, Standard will pay the County an annual $300,000 management fee that increases by approximately 2% each year.

Following the vote, BOL Chairman Michael Kaplowitz  Somers said, “It has been almost five years since County Executive Astorino announced his intentions to find a private partner to operate the amusement park and it has indeed been a roller-coaster ride since then.  I thank my colleagues on the Board for their bipartisan cooperation and hard work in committee and I thank County Executive Astorino for his administration’s hard work and partnership in bringing about the last, best option for a major investment of financial capital and industry expertise in Playland.”

Kaplowitz added. “This review process has been absolutely transparent and has fully engaged the public along the way.  While we have finished this important step in the review process, the Board will continue its diligent oversight of Playland throughout the course of the agreement.”

(Editor’s Note:  It should be known that about three hours of the Labor, Parks, Planning and Housing Committee negotiations on the last week  last moment legal challenges were worked out privately with the Astorino administration out of sight of the public. Those last minute legal challenges were raised by Legislator Boykin  on the need for guaranteed reimbursement to the county for Playland County employees hired by Standard Amusements; Legislator Catherine Parker’s demand that the capital projects planned for Playland be committed to by Standard Amusements with a specific approval procedure; and  Chair of the Committee MaryJane Shimsky’s concern that Standard Amusements could decide the fate of the Playland pool without county input.

Boykin’s noticing that the rembursement piece was missing from the Astorino administration resolution on the labor agreement was included, with “fair and equitable negotiations” promised by Standard Amusements.

Ms. Parker’s concern was that capital projects be spelled out and specifics as how they would be paid for and the procedure for beginning them and the timing of them was needed. Parker succeeded in Standard agreeing that Playland Parkway lighting would be upgraded; the colonades repaired; the North Boardwalk repaired; the restoration of the smaller buildings in the existing park and the installation of a parkwide fire suppression system to protect them

Ms. Parker did not succeed in getting specifics into the Memorandum as to the procedures for paying for the capital projects, and the timing of them, though they are supposed to take place within the first 5 years of the agreement. Mr. Boykin told WPCNR this afternoon that the payment for the capital projects would consist of a combination of county money and Standard Amusement investment, not spelled out as yet.

Parker also this afternoon during the noon portion of the Labor, Parks, Planning and Housing Committee said she felt the redesign of the entrance to the park from the Playland Parkway and the decision as to what to do with the pool and water feature area (by the present pool) could not be made yet, pending more detailed Standard Amusements analysis of the shape the pool is presently in and the work needed to bring it up to industry standard.

Following the vote, County Executive Rob Astorino said, “I want to thank Chairman Kaplowitz for his leadership on moving this forward with the necessary speed and due diligence,” Astorino added, “This deal meets our three goals for preserving Playland by reversing the losses for taxpayers, putting the park in the hands of a top-flight operator, and revitalizing Playland as a must-visit destination for families for years to come.”

 Legislator Ben Boykin, of the 5th District representing White Plains and Scarsdale, stated, “It was very important that this public-private partnership protected the workers at Playland that have been there for a long time, oversee the park’s day to day functions and often have critical skills that we could not live without.  I am thankful that Standard Amusements was willing to work collaboratively with us to accomplish that goal without the taxpayers taking any additional burden as a result.  The financial investment by Standard Amusements will return Playland to one of the crown jewels in our park system and will enhance the visitor experience to this iconic landmark.”

Catherine Parker who pushed for Standard Amusements to agree to executing capital improvements already called for by the county capital plan to be included in the final Memorandum of Understanding approved this afternoon by the Labor, Parks, Planning and Housing Committee, though without specific procedures outlined as she originally hoped, said

“This is one of the largest public investments that has been made at Playland in decades and will make significant strides towards revitalizing one of the County’s greatest assets. Making sure that taxpayers get everything they could out of this deal was always my top priority and until the specific capital improvements were memorialized in writing, I could not have supported this proposal.  This was not a perfect process by any stretch but I believe that the taxpayers will benefit from the increased value of Playland as a result of the capital infusion it will receive.”

 Legislator Ken Jenkins sounded a note of caution about the agreement in a statement released by the Board of Legislators:

“This arrangement does not go far enough to benefit Westchester taxpayers and short circuited the due diligence that eventually crippled the previous agreement.  Given those circumstances, I commend my colleagues for their efforts in crafting legislation that begins to take some of the steps forward that Playland desperately needs.

I believe Standard Amusements is a solid partner in this effort and will do a quality job in upgrading Playland.

I remain concerned that there is no way to enforce the numerous agreements and insure this prime waterfront park remains available to all but I am willing to support the agreement to give this incarnation of the County Executive’s proposal.”

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PLAYLAND REVIEW COMMITTEE: STANDARD AMUSEMENTS GOOD TO GO. VOTE ON TURNING PLAYLAND OVER TO STANDARD AMUSEMENTS FOR 15 YEARS SET TONIGHT. LEGAL ISSUES RESOLVED

WPCNR PLAYLAND GO-ROUND. BY JOHN F. BAILEY. JUNE 15, 2015. 4 PM E.D.T.:

After marathon negotiations with the Astorino Administration this morning and a second recess taken at 1:15, the Labor, Parks, Planning and Housing Committee approved  all memorandums of understanding on the Standard Amusements agreement this afternoon.

This action clear the Standard Amusements proposal to run Playland the next 15 years (with Westchester County retaining ownership) for a vote by the full Board of Legislators this evening.

A resolution was passed  this afternoon, guaranteeing Standard Amusements would reimburse the county for any county employees presently working there the operator wants to hire, with the amount of reimbursement being “fairly and equitably negotiated,” according to County Legislator Benjamin Boykin of District 5. (Boykin had raised the issue during last Wednesday’s meeting because the issue of reimbursement had somehow been dropped from the present county employee employment issue by the administration.)

Increased consultation and approval of employee reassignments, requiring approval of the Commissioner of Recreation and Parks was also added to the agreement.

Boykin told WPCNR Standard Amusements and the county  had agreed on the 5 year capital projects planned for Playland previously planned by the county: that includes, (Boykin said), replacement lights for the Playland Parkway, the restoration of the collonades, restoration of the  North Boardwalk and Playland Pathway from Harrison Train Station to Playland, restoration of small buildings in the park, and a fire supression system for the park to protect the restoration of these buildings. Parker had

Asked if the county was going to pay for these capital projects, Boykin said the county would not pay for all of them, and that Standard Amusements investing of $25 Million in the park may pay for a portion.  The issue of specifics, raised by County Legislator Catherine Parker is not amplified. Boykin said that it would be jointly decided.

Legislator Boykin said Chairman MaryJane Shimsky’s concern over what authority (the County Legislature or Standard Amusements) would decide how the pool and the “water feature” area would feature a pool in the future was ultimately with the county “because the county owns the park.”

Boykin said the County if it did not like what Standard Amusements wanted to do on the pool and water feature piece,  the county could say “no.” Legislator Shimsky who raised this issue last Wednesday had been concerned when Nick Singer, the principal of Standard read a clause in the morandum that indicated that the operator had the “say-so,” of what went there.

Legislator Parker, early today had indicated that since Standard has to do closer analysis of the pool condition before it can make a decision about renovation and retention of the pool that the pool/water feature piece should be brought out of the capital project category and should have to be considered when there was more information.

She also said she felt the improvement of the Playland entrance should be out of the capital projects plan and be Standard Amusements project since Standard felt a new entrance was important to enhance the new Playland

Mr Boykin told WPCNR that the  Committee had  approved all the legal documents necessary to proceed with a vote on the overal agreement this evening.

Boykin said he expected it to pass.

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