Who Can Idle and Who Cannot Idle? (Automobiles, That is!)

WPCNR ON THE ROAD REPORTER. June 2,2009: A funny thing happened on my way to a news conference yesterday, I noticed a large SUV idling in the City Hall parking lot, while its driver, a city employee, was conducting a conversation with another highly ranked city employee. The conversation went on for a good five minutes or more.


When the motorist started up, I pointed out that the recent Westchester County “anti-idling law” appeared to have been violated. The driver said the idling law did not apply to city vehicles, (which as any observer can tell you), do a lot of idling. I checked with the Westchester County Department of Communications which clarified the idling law for you idlers out there across Westchester County who are public employees.


Here are the guidelines from Victoria Hochman of the county Communications office:


 


Yes, the idling law would apply to City-owned vehicles unless the vehicles met one of the exceptions provided under the law. 


For example, the law states that it does not apply to hybrid-electric vehicles idling for the purpose of providing energy for the battery or other form of energy storage recharging and it does not apply to electric vehicles.  See Section 873.1317(3) of the County Sanitary Code. 


Also, the law does not apply to fire trucks, police, emergency medical services and other emergency vehicles and equipment while performing in the scope of their duties.  See Section 873.1317(5) of the County Sanitary Code. 


Unless  City-owned vehicles met one of these exceptions, the idling law would be applicable to such vehicles. 


Other questions about the idling law in Westchester County are answered on this fact sheet from County Legislator Tom Abinanti:


Question. What is the county law’s idling limitation?


Answer. The county’s anti-idling law limits the time any motor vehicle in Westchester County


may idle, when the vehicle is not in motion, to three consecutive minutes.


Question. Are there any exceptions to this idling limitation?


Answer. Yes. The most common exceptions to the law are when:


1. The motor vehicle is stopped because of traffic conditions which the driver has no


control over;


2. The temperature is 32 degrees Fahrenheit (0 degrees Celsius) and the motor vehicle is


not powered by a diesel engine (i.e., trucks and buses);


3. Emergency vehicles and equipment, including fire trucks, police cars, ambulances and


other emergency vehicles and equipment are being used in the performance of their


duties;


4. The engine is being used to provide power for an essential auxiliary purpose or is


required for the purpose of maintenance (i.e., ice cream truck to control temperature


for ice cream, tow truck loading or discharging vehicle, vehicle inspections);


5. A hybrid electric vehicle is idling to provide energy for the battery; or


6. The motor vehicle is an electric vehicle.


WESTCHESTER COUNTY LEGISLATOR TOM ABINANTI’S FACT SHEET 02/26/2009


ON WESTCHESTER COUNTY’S ANTI-IDLING LAW Page 2


Question. What are the penalties for violating the county’s idling law?


Answer. Since the County’s idling law is part of the County Sanitary Code the penalties for


violations of the idling law can be found in Sections 873.218, 873.219 and 873.220 of the Code


and include, for a first offense, a fine not exceeding $250.00 or imprisonment not exceeding 15


days, or both; and for a second or subsequent offense, a fine not exceeding $500.00 or


imprisonment not exceeding 15 days, or both.


Question. Who is required to enforce the county’s idling law?


Answer. The county’s idling law must be enforced by the County’s Department of Public Safety


and may be enforced by all law enforcement officers in Westchester County, including


enforcement officers authorized to enforce the New York State Vehicle and Traffic Law. The


law may also be enforced by municipal traffic and parking enforcement agents if they are


authorized by the municipality to issue appearance tickets.


Question. When an appearance ticket is issued for a violation of the county’s idling law by


law enforcement officers or enforcement agents where is it returnable?


Answer. The appearance ticket issued for a violation of the county’s idling law is returnable in


the local court of the jurisdiction where the violation occurred.


Question. Are motor vehicles that are on line for drive-thru banks and other drive- thru


services (i.e., coffee, dry cleaners) subject to the county’s idling law?


Answer. Yes. However, the law is only violated if a vehicle is idle for more than three


consecutive minutes. If the motor vehicle continues to move in the drive-thru line every three


minutes or less there will be no violation.


Question. Are school buses on school property subject to the county’s idling law?


Answer. Yes. The county’s anti-idling law has applied to motor vehicles powered by diesel


engines since 2006. The current changes to the county’s anti-idling law have expanded the antiidling


law to all motor vehicles in Westchester County.


Question. Can I idle my motor vehicle for more than three minutes in order to assist in


removal of ice or frost on my window, or to warm the vehicle?


Answer. Maybe. The county’s anti-idling law includes an exemption during temperatures


below 32 degrees Fahrenheit (freezing), thus allowing vehicle idling during freezing conditions


typically associated with icy windshields and the need to warm the vehicle

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Council Holds Off Winbrook Zoning; LCOR/Longview Garage Projects Drain $362,659

WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey June 2,2009: The residents of Winbrook got a first public look at preliminary reconstruction plans for the Winbrook complex. The design shown below was followed by Executive Director of the White Plains Housing Authority, explaining the project and where it stood, and closed with WPHA counsel,  William Null, explaining to the council that the WPHA needed the council to pass the zoning paperwork to pave the way for more detailed design of the project. The council voted to adjourn the public hearing and resume it on July 6.


 



 


Overhead View of Winbrook Makeover Preliminary Design Shown at Monday Evening Common Council meeting. Street to left of picture is South Lexington Avenue, targeted for affordable, moderate, middle income housing and retail according to the requested zoning “cosmetics.”


 


Six new buildings each about 11 stories are proposed with underground parking. The recently completely White Plains Housing Authority Headquarters would likely be raised and moved to one of the new structures. The new buildings are to be built one at a time. The attorney for the Housing Authority said Council approval of the zoning cosmetics needed to pave the way for the mixed use project rebuild was necessary before a developer could be selected from among 30 applications received thus far.


 


Commuter Parking Lot on Bank Street to Close: Boykin.


Property Taxes, Loan Interest Cost City $362,659 in State Urban Renewal Capital Grant Money.


 


In another intriguing development quietly passed on the consent agenda, and not explained in any depth on last night’s telecast, Council President Benjamin Boykin advised White Plains commuters the Bank Street lot will closed by July 31, requiring commuters now using that open air lot by ther Metro North tracks to make other parking or station arrangements.  


 



55 Bank Street Commuter Lot shown adjacent to MetroNorth tracks, one year ago. (Presently it provides about 300 parking places for daily commuters. The lot was sold to LCOR for $16.5 Million, to build the 55 Bank Street 500-unit plus 20% affordable housing project, with the city responsible for property taxes on the commuter lot until the building project began. Project has been stalled due to credit market freeze up and city is left holding the bag on property taxes, necessitating burning $116, 560 in property tax payments


 


On the consent agenda, the city agreed to fund property tax payments for the use of the Bank Street open air commuter parking lot (due to a shortfall in revenues from the commuter lot, according to accompanying Urban Renewal Agency work), The council authorized  transfer of Urban Renewal  Capital Grant Funds would have to pay $116,560 in property tax payments on the LCOR  commuter parking lot property, due to LCOR’s inability to get the project financed in a timely fashion, and revenues not meeting property tax obligations on the property, which the city had agreed to pay.


 


Longview Garage Burns Interest


 


 In a related development involving similar dashed expectations of a much ballyhooed city project,  the Common Council  approved using the New York State Capital Grant fund to pay $246,099 in interest on the Cromwell place property bonds used to purchase the property for $4,000,000 to arrange to build the Longview Avenue Garage (at a bond cost of $19 Million). The city has been unable to sell the Cromwell Place properties acquired to build the Longview Avenue Parking garage for White Plains Hospital Medical Center so the city has been unable to pay off the $4 Million loan on the property through a sale the city thought would take place by now, covering the bond expenditure — according to council meeting documents supplied with the agenda to the press. 


 


The economic crisis of the last 11 months, have resulted in a Washington D.C. and Albany delay in acquiring  HUD approval of the project to be built by Kensington Properties. A public hearing for July 6 was scheduled for yet another site plan extension on the troubled Kensington project.

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Early yet, but Assessor Expects $5 Million drop in assessment roll in 2010.

 


 


WPCNR THE HOUSING NEWS. By John F. Bailey. June 1, 2009:  The Common Council tonight will approve payment of  tax certiorari refunds totaling $228,010.82 which have lowered the assessment roll $769,600, according to Common Council “backup documents.” City Assessor Lloyd Tasch told WPCNR  that the lowered assessments have already been reflected in the current 2009-10  Assessment roll, (sitting on $185.2 Million).


 


Tasch said it is very early yet, but he anticipates that the 20010-11 Assessment Roll can be expected to drop about $5 Million. He said he expected another substantial increase in home assessment challenges and new commercial assessment challenges that would confront the city and impact the 2010-11 tax roll..  He thought that a $10 Million drop in assessment was over pessimistic at this time.


 


 


In 2007-2008, the equalization rate declined from 3.24 to 2.75, a decline of 15%, resulting in a decline in assessed value of 2%, and reducing the assessment from $296  Million in 2006-2007 to $289.9 Million in 2007-2008. Applying that relationship to the 15% decline, one might expect the roll in 2010-11 to come in at $5.7 Million less, dipping to  $279.5 Million. Tasch cautions that it is way early to lock in and count on that 5 Million drop.


 


 The last time the equalization rate dropped by 25% was 2002-2003, which resulted in a $13 Million reduction in the assessment roll two years later in 2004-05, from $317 Million to $304 Million.. 


 


Asked whether tonights refunds were court ordered settlements, or city-negotiated settlements, Tasch confirmed they were city-negotiated outside of the courts, but the courts have ordered the city to pay them because the aggrieved parties have petitioned the courts to speed up the city payment because they allege the city is taking too long to pay them.


 


Asked by WPCNR if, in negotiating the settlements with certiorari filers whether the city brings in forensic accounting experts to evaluate the filers books, Tasch said no.  He said the city and its negotiator compare filers’ books with the results of like properties to arrive at a  settlement.  Tasch noted that no municipality, in his opinion,  has the financial  resources to pay for a forensic audit of the books of commercial property owners books.


 


Tasch said the city is not required to pay interest on the certiorari refunds.


 


Big winners in the latest city certiorari payouts to be approved tonight are:


 


1.Prudential Insurance Company of America receiving a $318,000 Assessment Reduction for the year of 1994/95 reducing their assessment from $718,000 to $400,000 for 1999 North Lexington Avenue (The Gateway), and a refund of $27,334.20


2. Post Broadway Associates, owners of 51 South Broadway for tax years 2006/07 through 2008/09, a $97,500 reduction in assessment to $152,500 (from $250,000), resulting in a refund of $41,480.51.


 


3.  Saturn of White Plains for the years 2002-/03 through 2008/09, for $69,715.17 and a reduction in assessmentof $93,500 to $106,500 (from $200,000 previously).

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Bandit Queen, Ali Gardner, Waccabuc Whacker Shocks Bama. 2 Fastpitch Classics!

 


 


WPCNR ARMCHAIR PRESSBOX.  June 1, 2009 UPDATED WITH ROB CREWS INSIDE INTERVIEW: The sport the national press never reports on, covers or respects —  fastpitch softball – showcased two classics yesterday afternoon on ESPN2. First came the donnybrook of the ages – the 4 hour and 45 minute Georgia-Washington game  that went 10 innings, won by the Bulldogs on a sacks-full 3-2 walk on a classic full-count battle on top of 4 innings of courageous relief by Freshperson Erin Arevalo, who had not pitched in two months – but was ready!


 



 


This nail-biter was followed by the Florida-Alabama Semi-final that was won when Westchester’s own Ali Gardner of Waccabuc  connected with an opposite field 2 out Bags-Jammed Jackout over the left field fence.


 


Ms. Gardner and  Alabama’s Cassie Reilly-Boccia, of Yorktown are both proteges of the hitting guru, Rob Crews, the local “batologist” who has developed their swings to the extent that the two play with the elite of the nation’s fastpitch teams. Rob also developed the swing of the other local legend, Maddy Coon who played for Horace Greeley, and now plays for Stamford. 


 


Mr. Crews told WPCNR he was there in Oklahoma City to see the electrifying Gardner clout, he tells WPCNR, “I was there to see it. Spoke to (Florida) Coach Tim Walton and he informed me of his decision to make some stride and timing adjustments. She looked good in the ab’s leading up to the grand slam. What I appreciate most is that even through the struggle Ali kept a great attitude. That is why I nicknamed her Showtime. She is one heck of a performer.” The Batologist can be reached at www.complete-game.net.


 


 


The Longest Fastpitch World Series Game Ever Played — First of an Unforgettable Double Dip yesterday in Oklahoma City at the media-challenged Womens World Series.


 


Ms. Gardner in her senior year at Florida is one of three of  local Batologist Rob Crews’ groomed hitting stars playing in the elite of the nation’s fastpitch teams. (Crews is the hitting guru who groomed Ali’s portside  swing over the years, and the swings of Maddy Coon of Horace Greeley (late of Stamford)  and  Cassie Reilly Boccia, of Yorktown, now frosh firstbaser for Alabama, whose club was one out away from extending Florida another game last night, until Gardner took Bama out for the game-winning 4-run homer, the Gator form John Jay, snapping victory from the jaws of defeat.


.


 


Both Ms. Garnder’s game and the Washington game were fraught with the tension, drama, and precision strategy that makes the fastpitch game compelling.   


 


Gardner began her rise to fastpitch prominence playing travel softball with one of the first travel teams in the 1990s, the Hudson River Bandits started by Chappaqua’s Rudy Nettick, whose daughter Margaret pitched for Horace Greeley.  The organization, along with the legendary Diamond Dolls, were the swashbucklerettes of fastpitch, with the best uniforms, the best logos, and professional atitude far beyond their years. The young players were taught the game right and played up and down the eastern seaboard. The Bandits disbanded in 2001, but the memories of the red and gray came alive this last week when Maddy (Coon), and Ali starred in the NCAAs.


 


The games over the last four days televised on ESPN2 were marvelous – from the electrifying homers, to the incredible defensive play (check out the throw-out Arizona State’s second-baser  on a relay made to gun down the winning run at the plate last Thursday against Washington—the ASU catcher made an incredible leap and tag).


 


However, you knew nothing about those games if you read the local press. What did the Times cover yesterday?  The French Open. The NBA Finals. The NHL Stanley Cup Finals.  Soccer. Bicycle races. Golf.  and the Mets and Yankees of course, who could use some starting pitchers who go more than 6 innings and throw more than 60 pitchers. 


 


The Yanks and Mets  should sign up Washington Huskies’  Danielle Lawrie — 150 pitches yesterday in 100 degree heat in Oklahoma City – and then she pitched the second game Washington had to play three hours later and won it, 9-3, throwing another 135 pitches. And she went again Monday night. 


 


 I don’t want to hear the  flackwriters write  how tough the Met starter was in “gutting” through 6 innings with a stomach virus. Give me a break, and the best bullpen in baseball. Give me that Huskie pitcher Erin Arevalo in a tough spot any day. That was heart!


 


The Times did not even have a correspondent in Oklahoma City for the Women’s College World Series. Pathetic. You would think that the College Women’s World Series warranted some coverage with local New Yorkers making their mark.


 


Is there a conspiracy to prevent fastpitch softball from growing and a deliberate intent by the networks, the sports press to prevent the National Pro Fastpitch league from becoming successful by not covering it?


 


Obviously.


 


Can the NCAA and American Softball Association work with National Pro Fastpitch and promote it so this wonderful sport can grow?


 


It could, but they do not.


 


What do you think?



Tomorrow the Fastpitch Sectionals continue around the county with White Plains playing New Rochelle over on O’Donnell’s Bluff at WPHS. Come on out and see some real ball up close and personal — without paying $50 a seat and $5 for a soda.

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