Assisted Living Facilities Not Required to Have Emergency Power On Site: State


WPCNR THE POWER NEWS. By John F. Bailey. UPDATED 3:30 P.M. E.D.T., August 20, 2009: According to the New York State Department of Health, New York state “assisted living facilities” like the Esplanade Senior Residence in White Plains are not required to have on premises an emergency source of power in case of a power outage.


 


The question of a backup power source came up after the 130 tenants of The Esplanade were without power for about five hours Thursday evening as result of a burned out feeder cable beneath Mamaroneck Avenue.





According to Jeffrey Hammond, spokesperson for the New York State Department of Health, “Assisted living facilities are required to have in place and to follow an established protocol to insure the comfort and safety of the residents.” Asked if this stopped short of requiring a source of emergency power, Hammond said  that was correct.


 


Last night, White Plains Department of Public Safety opted not to attempt to evacuate the 130 tenants of the Esplanade, because of the difficulty and health risks involved.


 


Currently there are two assisted living facilities planned for construction in White Plains, the Kensington assisted living facility on Maple Avenue and Longview Avenue and the North Street Community senior condominiums and assisted living facility.


 


Frank Pagani of Thompson & Bender, speaking for the North Street Community  reports this afternoon that the North Street Community assisted living facility planned for the former St. Agnes Hospital site will have total emergency backup: “Regarding your inquiry, the assisted living facility planned for North Street will have 100% back up for life safety operations (sprinklers, emergency lighting, automatic doors) and the Heating Ventilation Air Conditioning system. And, in about 3-4 months, building 311 (doctors’ offices facility) will be 100% backed up in case of a power failure.”


 


Damon Amadio, White Plains Commissioner of Building, advised WPCNR Thursday afternoon that the Kensington whose plans have not been finalized was required to have emergency back up for its fire pump, elevators, and lighting, and said he’d be very surprised if the building was not planning on installing a full power backup facility. Amadio said the Kensington was required to by code because of its height and number of proposed residents.


 


Amadio reported that nursing homes in the city were required by national and state law to have full emergency power backup systems. He said that facilities without backup systems have been known to contract with outside generator-supply companies to rent generators to keep the facilities operating during an extended power outage period. He said according to the city code, buildings were not allowed to keep buildings occupied when the temperature in them dropped below 50 degrees, but there was no city ordinance saying a building could not be occupied when it reached a maximum temperature. Amadio was checking into whether or not the Senior Armory Residence had an emergency generator.


 


Mr. Hammond of the Public Affairs Office of the Department of Health said that persons  as a Hotline persons can call to report concerns they have about assisted living facilities which keeps identity anonymous. That HOTLINE is 1-866-893-6772.


 


The Department of Communications of Westchester County told WPCNR that the Esplanade and all other assisted living facilities in the county are strictly under the jurisdiction of the New York State Department of Health, which regulates how those facilities are constructed and managed.

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Con Edison Restores Power to Esplanade

WPCNR THE POWER NEWS. UPDATED 1:35 P.M. E.D.T. August 20, 2009 UPDATED from 11 P.M. E.D.T. Thursday evening.:  White Plains Department of Public Safety reports this morning that power was restored to 95 South Broadway, the Esplanade Senior Residence as of 11:30 P.M. Thursday night after police, fire and EMS personnel spent the evening checking on individual residents to see that they had water and were not suffering ill effects from the heat.


Bob McGee, spokesperson for Con Edison said this afternoon,  exact cause of what circumstances created the feeder cable outage are still under investigation: John, we ran the shunt to expedite repairs on the feeder in an effort to normalize the system as quickly as possible. We won’t know what caused the cable to fail till we do an autopsy at the Cable Center.


McGee confirmed at 10:50 A.M. Thursday morning that “the generator was brought in (by Con Ed) but not used. We managed to get a feeder repaired in the meantime. The generator remains on standby at the site, though. We did run a shunt. I am trying to confirm whether or not it was used. Ongoing work to repair the burnouts will last about a week.”


Deputy Commissioner of Public Safety Daniel Jackson gave WPCNR this update as of 8:30 this morning on traffic:


All lights functioning properly / power was restored to 95 S Broadway at approx 2330hrs (Con-Ed generator brought to location)


Mamk Av open for rush hour.  Work scheduled for later in the day may close a lane in each direction betwen Post and Maple. Hamilton Av (from Cottage to MLK) – One lane closed on west side

60 So. Broadway – Work scheduled for daytime /  currently road is open.

Lyon Pl (Con – Ed working in front of 95 S. Broadway) / Road open


 


Con Ed pays the O.T.


Later Thursday morning, Commissioner Jackson advised WPCNR that “about 10 police and 15 fire personnel were on scene at the busiest point.  Con Edison will be paying the cost of any overtime incurred, including the officers on traffic control needed during the continuing repairs.” He confirmed only one person transported to the hospital for difficulty breathing.


Bob McGee, spokesman for Consolidated Edison told WPCNR Thursday  morning that a feeder cable broke at 7:37 P.M. Wednesday night and Con Ed received calls from 55-75 South Broadway and the Esplanade shortly thereafter. He is checking at this time to confirm whether power has been restored by running wire to the Esplanade or whether a generator is being used.McGee said that the cause of such feeder cable outages is a build up of heat underground during a heat wave and they usually take place about three days into a heatwave. He said it makes no difference whether it is new feeder cable or old that the buildup of heat will result in cable fires the longer a heat wave continues. This was the first Consolidated Edison power outage of the summer in White Plains this summer.

Deputy Commissioner of Public Safety John Cullen reported that  police and fire personnel and EMS medical personnel were checking room to room at the Esplanade assisted living facility at 95 South Broadway, checking to see that residents are all right, and supplying water to them as needed. Cullen said fire personnel were attempting to ventilate the building while power was waiting to be restored. There were no plans to evacuate the residence where 130 senior residents live. One person having trouble breathing was removed to a hospital, he said.


Commissioner Cullen said Con Edison was on the scene at 11 P.M. attempting to hook up a temporary generator to restore power to the residence.


At the time the outage was being repaired, Elizabeth Clark, spokesperson for Con Ed said the company had crews on the scene and will either install a replacement generator or run in “shunts,” that she describes as temporary wires running power to the building. Ms. Clark said she did not know whether the Esplanade had an emergency generator on the premises. She had no estimate when power would be restored or the cause of the power failure at this time.


Cullen reported the city started having power problems at 5 P.M., as a result of a manhole fire at 164 Mamaroneck Avenue, which he said knocked out power to 75 South Broadway, 95 South Broadway (The Esplanade assisted living building), and 2 to 4 Lyons Place. He said power was restored to 75 Broadway, and Con Ed was working on the Esplanade at this time.


 

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Glen Hockley Files with Board of Elections To Run as Independent for Mayor



WPCNR CAMPAIGN 2009 By John F. Bailey. August 18, 2009: City Councilman Glen Hockley submitted petitions to the Westchester County Board of Elections today, totaling by Mr. Hockley’s estimate, 1,800 to 2,000 signatures, to run for Mayor of the City of White Plains, Hockley told WPCNR this evening. He told WPCNR he had a plan to control the rise of property taxes in the city, saying details would be spelled out in his coming campaign.


 


 



 


Glen Hockley at Common Council work session, July.


 


Hockley said he gathered “a bunch of the signatures” himself, going house to house in 90 degree heat, under threatening skies, and with the help of  loyal supporters.  Hockley will the lone opposition in the November Mayoral race facing Adam Bradley, the nominee who has the Democratic, Republican, Conservative, Independence and Working Families Party lines.Hockley’s sigantures of course, are subject to verification and legality by the Board of Elections.


 


 


Hockley said when he serves as Mayor he will be serving with the people of the city of White Plains and would have their best interests in mind. He told WPCNR he would begin campaigning after Labor Day, and one of the cornerstones of his campaign will be a plan to bring property taxes under control.


 


He said he would be concentrating on pocketbook issues that would help the citizens of  White Plains get along financially. He said he would not be beholden to any particular party philosophy, and that his knowledge of the city finances gathered from his six and ½  years on the Common Council made him qualified to fix the city problems.


 


He thanked his supporters who helped him acquire the signatures placing him on the ballot.



 


Hockley had sought the Republican nomination for Mayor, but was denied consideration, though Mr. Hockley has loyally supported many of the Mayor Joseph Delfino’s initiatives: the City Center, the 221 Main hotel complex, the 1/2% increase in the sales tax, among the most significant. It is also not known whether Mayor Delfino will bankroll the Hockley run from the Mayor’s $106,000-plus Friends of Joseph Delfino political war chest that now has no war to fight.


 


Mr. Hockley according to the New York State Board of Elections, as of July 31, 2009, had $1,453.56 in his Citizens for Glen Hockley Campaign Fund, while Mr. Bradley had $239,643.67, (and Mr. Bradley continues to raise money).


 


Should the Board of Elections find Mr. Hockley’s petitions in order, the campaign will pit Mr. Hockley against Adam Bradley,


 



Glen Hockley, left, and Adam Bradley, right in March, 2002 when Mr. Bradley successfully fought for Mr. Hockley to be seated on the Common Council all the way to the state’s highest court.


 


 



Hockley being sworn in, March 15, 2002, after victory in New York’s highest court.


 


Mr. Bradley’s legal efforts on Mr. Hockley’s behalf resulted in Mr. Hockley’s ascending to the Common Council in 2002 after a legal battle up to the New York State Court of Appeals stemming from a jammed voting machine in White Plains District 18. The Court of Appeals ruled that the courts did not have the authority to call new elections to recontest District 18, allowing Mr. Hockley to assume his post on the Common Council in March 2002.


 


Hockley was subsequently removed from the Common Council by order of New York State Attorney General at the time, Eliot Spitzer, as a result of a quo warranto action initiated by lawyer Jeffrey Binder on behalf of  former Councilman Larry Delgado, who was seated on the Council in 2003. Hockley was re-elected to the Common Council in 2005. Binder oddly enough is now organizing a fundraiser for Mr. Bradley.


 


 


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White Plains Has Soft July Down 12.5% in Sales Tax Rev: Projects to $6M Deficit

 


 


WPCNR QUILL & EYESHADE. By John F. Bailey. August 18, 2009: White Plains retail sales subject to state sales tax collections continued their decline, down 12.5% year to year in the first month of the city fiscal year in July, the second straight month sales tax had declined from the previous year. This latest number continues the trend first reported by WPCNR six months ago indicating White Plains retail is running 12% behind 2007-2008 collections.



 


 


Though there are 11 months to in the fiscal year, unless the city economy picks up and vacant big retail properties are filled (former Fortunoff, Circuit City, Filene’s Basement, just three), the city now faces the prospect of being $6 Million off in projected sales tax revenues they are counting on for 2009-2010. Official figures for July 2009 were provided WPCNR by The New York State Department of Taxation and Finance.


 


If sales tax does not recover significantly (and holds at the present level),  to make up that shortfall, the city would have to enact an 18% property tax increase.


 


The County of Westchester sales tax receipts are down 12.9% over the first six months of the county 2009 fiscal year.





Common Council President Benjamin Boykin told WPCNR in July, when the final quarter of 2008-09 fiscal year failed to meet projections of the City Finance Commissioner by $1 Million , that he is going to call for a budget review in September.


 


Westchester County sales tax collections in the first six months of 2009 have declined  too. The county “handle” on sales tax receipts is down 13%. The county collected $33.8 Million less in fiscal 2009 at the halfway point than the county did in 2008, according to statistics from the New York State Department of Taxation and Finance Office of Tax Policy Analysis.


 


The pace of retail sales projected by White Plains Week and WPCNR in the spring of this year continues to indicate key sales tax collection in the city are consistently 12 to 13% off.


 


On the county level the county as of midway is running $3.8 Million behind in sales tax receipts, 12.5% below the collection pace of last year after half of the 2009 fiscal year. If the retail trend continues, the county would face a $3.8 Million deficit in sales tax receipts for the year.  The county budgeted to collect $478,235,000 in sales tax for the year.


 


In the first six months of 2008, Westchester County collected $271,096,156.95  in sales tax. In the first six months of 2009, they collected only $237,221,726.61, a decline in receipts of 12.5%.


 


This combined with obvious deficits in mortgage and hotel tax collections is not a positive trend.


 


In White Plains if the 12.9% fall-off in retail sales  tax collections continues it means the city faces a $6 Million budget shortfall. It already has a $1 Million deficit left over from 2008-09. The city budget calls for collecting  $47,250,000 in sales tax in 2009-2010. If the 12.9% decline continues, the city will only raise $41 Million in sales tax.


 


However, August is the second most lucrative retail sales month of the year next to the holiday season in the second quarter, so there is hope this is just a sluggish start. To correct the nearly 13% decline in July, the city would need to generate a half million dollars more in August sales tax receipts to get back on track with sales tax pace. In August, 2008, the city collected $3.9 Million in sales tax (however that was inflated by the additional ¼% sales tax added last year. The cumulative effect of a soft retail market is not easily erased.


DEPARTMENT OF TAXATION & FINANCE


OFFICE OF TAX POLICY ANALYSIS


SALES TAX MONTHLY CASH/COLLECTIONS REPORT


MONTH OF JULY 2009


                                  CASH JULY 09          CASH JULY 08    CUMULATIVE          CUMULATIVE


                                                                                                               CASH  09                 CASH   08


 White Plains City       $3,431,350.08           $3,938,113.71          $25,379,226.67      $26,641,410.77


Westchester Cty         $31,249,530.49         $35,646,779.50        $237,221,726.61   $271,096,156.95


 


 

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