BID tries Again to Expand. Drops West Post Road, South Mamaroneck Ave

WPCNR DOWNTOWN DAILY. By John F. Bailey. August 14, 2007: Within the next two weeks, the White Plains Downtown Business Improvement District, the “BID,” will launch a new effort to expand its boundaries to increase its budget from the present $600,000 to $1.845 Million in 2008-2009 and its membership to 110 property owners.



The new boundaries of the BID will be curtailed to exclude the West Post Road and lower Mamaroneck Avenue neighborhoods,  reports Executive Director of the BID, Rick Ammirato, reflecting the sentiments of those business and property owners to remain exclusive of the BID expressed in last spring’s polling of the affected properties. The “New BID” will include the Westchester, Crowne Plaza Hotel, the White Plains Pavilion Mall, the Galleria and the East Post Road area.


“The process starts from scratch,” Ammirato told WPCNR last week after “We’ll send out new notices to all people in the proposed changes (in the BID) are and their tenants, then we have the hearing. After the hearing closes, we have a 30-day period in which they can opt out again.”



The previous expansion plan which the BID decided to scrap after more than one-third of the businesses opted out (though if more than 51% did not opt out, the BID could have enacted the old new boundaries) proposed expanding the BID to 192 properties. Now, the new plan proposes expanding the BID to 110 properties, excluding most of West Post Road and southern Mamaroneck Avenue.


Asked if the new BID District expansion contains the major domo retailers he wanted, Ammirato said:


“From an economic development standpoint, I really wanted the entire district. Our services would have really helped southern Mamaroneck Avenue and West Post Road which were the two major areas that we have excised from the map. Those are very small business core areas. That’s our real core strength. I can understand some people feeling they are not part of the downtown and I respect that. I think we could have helped them. But, we want people in the BID who are really excited to be part of it.”


“We were going to go to the West side of South Lexington. West Post Road will now no longer be considered, and anything south of Carhart and Rutherford is not in (the new district).  222 Bloomingdale Road and Bloomingdale’s itself is not included.”


It’s the same process, we’re going to send certified mail to the property owners themselves and hand-deliver to the tenants the way we did last time. They have to send in the form the same way they did last time. Between 36% and 40% opted out last time. We’re confident we will have a much lower opt-out rate. Technically we were within our rights to ask the Council to vote (the former suggested expansion) because the previous opt-outs did not meet the (rejection) thresholds.”


By WPCNR estimate that would mean about 70 property owners of 192 turned down the BID invitation.


The notice of the hearings should be going out this week (10 days before the hearing, scheduled for September 10 Common Council meeting). An Opt-Out form will be included.  Once the Council closes the open hearing, the owners will have a 30 day period to opt out (by returning the Opt-Out form to the City Clerk Office).


The newly expanded BID would take effect in July 2008.

Posted in Uncategorized

City Ban of Photography of Site Plans Policy Illegal.

WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. August 14, 2007: The new White Plains Building Department Policy of requiring persons asking to  see a site plan to fill out a question asking why they want to examine the plan, and prohibiting photographing of site plans in the Building Department as WPCNR was prevented from doing last week, violates the Freedom of Information Law, according to Robert Freeman Chair of the New York State Committee on Open Government .

Robert Freeman, Executive Director of the New York State Department of State Committee on Open Government clarified that the city is out of compliance. As Freeman puts it, “if you can look at it, you can photograph it.”


Freeman said the city is allowed to require a Freedom of Information Law request to see a plan, but they have no right to ask you why you want to see it.


Last week, WPCNR was told by the Building Department we could not photograph a site plan with the WPCNR digital camera. No photography lights or disruption to the offices would have been involved.


 I was told by a Building Department employee that I had to request the Building Department to make a copy and also file a FOIL request for it and have the request for a copy approved by the Commissioner of Building. To date no one has contacted me saying my request for a copy of the site plan was approved.


Since this policy obviously delays putting out information to the public on stories in a timely manner, WPCNR checked with the Committee on Open Government to the see of the city is allowed to restrict photography and demand explanations from people wishing to see site plans.


They are not. 


Freeman said usually plans are too bulky to photograph and that is why departments send them out for copies – but the White Plains Building Department has no right to stop you from photographing site plans.


The new policy of requiring reporters and presumably citizens to complete a FOIA form and say why they want to see a site plan has been in place since last December by the Building Department.  


Sections 87(2) of the Freedom of Information Law says that accessible records must be made available for copying.

Posted in Uncategorized

Board Expresses Lack of Knowledge on Arborcide. $3.2 M in Tax Certs. New Dirtrs

WPCNR SCHOOL DAYS.  Board of  Education Meeting Report From Michele Schoenfeld. August 13, 2007:  Several members of the Havilands Lane neighborhood spoke about the removal of trees on the High School property, to make room for a new ball field at the regular Board of Education meeting August 6..  They faulted the district’s communication and the lack of a plan for the project.  Board members had not been aware of this project and expressed their disapproval over the loss of trees and the district’s failure to communicate with the neighbors.  They assured residents that all work has been stopped. Timothy Connors, Superintendent of Schools, indicated that he would meet with the neighbors before any further action is taken and before making a recommendation to the Board.


 


The Board approved a total of over $3.2 million in tax refunds to eight different property owners.  The Board was advised by counsel that the court is seeking to settle many other outstanding cases before the end of the calendar year.


 


Dr. Heidi McCarthy was appointed Director of Special Programs and Services for the City School District and will assume her duties at the end of this month.  She comes to White Plains from Hastings, where she was Director of Special Education Services for the last four years. Karen Kushnir was appointed Committee on Special Education Chairperson, Districtwide. She has served as teacher in the district for the last 18 years, most recently as Learning Facilitator at Mamaroneck Avenue School.


           


     PERSONNEL:  The Board accepted the resignation for the purpose of retirement of Dr. Michael


     Passow, Science Teacher at the Middle School-Highlands. Board Member Sheryl Brady said Dr.


     Passow has been an outstanding teacher and will be missed greatly.  Mr. Connors commented on


     Dr. Passow’s dedication to the district over the last 22 years.


            Three new Probationary teachers were appointed:  Lisette Maniatis will assume the position


     of School Psychologist at Post Road School; Lauren Royce will teach Elementary Education at


     Mamaroneck Avenue School; and Domingo Cabrera will teach Science at the High School.

Posted in Uncategorized

Psst! There’s Democratic Primary September 18 — Pass it On!

WPCNR CAMPAIGN 2007  News & Comment By John F. Bailey. August 13, 2007: The Democratic Primary is 5 weeks away and features Benjamin Boykin, the two-term councilman fighting for his political life based on a pro-administration voting record, Dennis Power trying to retain his nomination with his earnest concerned warm image and no current record, and newcomer nominee Milagros Lecuona attempting to keep her nomination against a challenge by the Democratic Party ousted incumbent , Arnold Bernstein also with a pro-administration voting record, and long denied Democratic Party personality, Candyce Corcoran.



Registered Democratic Voters only will be given a choice September 18 as to whether they support the Democratic Party nominated slate of Boykin Power and Lecuona or the dumped Democratic fixture, Arnold Bernstein.


Bernstein, in a mailing last week was portrayed as not a real Democrat. Council President Rita Malmud in a Democratic Party flier endorsed Boykin, Lecuona and Power as follows:


“Ben Boykin, Dennis Power and Milagros Lecuona are the real Democrats in this race, leaders committed to making White Plains a better place to live, while moving forward with a people-oriented agenda”


This raised the issue of what is a real democrat.


Mr. Bernstein, the Democrat incumbent, denied nomination for reelection by the Democratic Party this spring countered with a piece charging the Democrats with “an unprecedented act of political retribution, I was denied renomination by our party. Instead, the nomination was given to someone with no legislative experience, but who is beholden to party bosses.”  Bernstein declares himself a person that “puts you first and his party second.”


This innuendo could mean presumably Ms. Lecuona, who came out of nowhere to get the nomination over such notable contenders  and “issue-raisers” as Ms. Corcoran, Claire Eisenstadt,  Don Hughes and Robert Stackpole .  


Lecuona appeared to fit two needs for the Democratic Party:  her ethnicity would appeal to the rising Hispanic population in the city, and her gender would put another woman on the council. Her only political experience  has been with the Weschester County Planning Board, the White Plains Cable TV Commission and as a Board Member of the Westchester Hispanic Coalition, Inc.


Mr. Bernstein was, according to inner party circles, denied the nomination on the basis that he supported the Mayor on issues, such as sale of the controversial Railside Property. However, so did the other incumbent Benjamin Boykin, who now finds himself in a struggle with Mr. Bernstein. Mr. Boykin has voted consistently with the Administration on all major issues  (often the swing vote), while a laissez faire attitude towards the city budget as Chair of the Budget and Management Committee has rubber stamped every Delfino Budget for the last three years.  Boykin’s lone exception to his pro-Mayoral stance was the Station Square Exclusivity Agreement proposed by Cappelli Enterprises this past spring. That proposal was told the council in advance and they were prepared to grant it, (otherwise why put it on the agenda), but when their prior knowledge was exposed by this reporter, public pressure forced them to vote it down.


Ms. Corcoran is organizing a door-to-door campaign attempting to go to voters directly. Ms. Corcoran has grown tired of waiting for the Democratic Party to nominate her for Council. They refused to do so in 2001  when they nominated Glen Hockley instead of her, and she ran for County Legislator against Bill Ryan at that time.


 The Democrats punished Corcoran for the Republican transgression in 2003 and 2005, and again refused her this year, despite her dedicated work with the party as an organizer for a decade.  Corcoran was frustrated with the Democrats and ran as a Democrat on the Republican line against County Legislator Bill Ryan in 2001, when Ryan was nominated for Mayor, and was denied that nomination when the late Robert Greer mounted a challenge. Corcoran then switched over to run as a Democrat on the Republican ticket against Ryan when Ryan moved back to run for County Legislator..


 Lecuona, though nominated for three months (since May) has stayed in the background, being noncommittal on most issues with two exceptions: she spoke out against the Verizon cable agreement, and criticized the 189 Main Street approval last week because citizens committees were not asked for their input on what should be done at the 189 Main Street site or the design.


Mr. Power has benefitted from a series of press exposes in recent weeks of alleged Republican Party illegally funded mailing sallies against him in his runoff election against Cass Cibelli in November 2006. The exposes (that rehash campaign events of a year ago) for some reason were not run in the press until now. Their effect is to portray Power as an unfairly targeted candidate by illegally funded mailings. Mr. Power has been cleared of any conflict of interest resulting from his county job which those mailings had targeted. The effect of the strangely belated exposes sets up Mr. Power as a sympathy candidate in this primary – paints him as a victim – (when he was criticized for comflict of interest at the time of the mailings) – and enhances his teddy bear image.


 Mr. Power despite the findings of no conflict of interest, continues to be reluctant to criticize county policies towards the homeless that affect White Plains and continues to ignore seeking solutions to sewage backups in White Plains due to incompatible county sewer pipes.


Mr. Power is employed by the Westchester County Department of Environmental Facilities. Presumably he might be a helpful ally, catalyst, or in the popular vernacular these days a “facilitator” in helping the Department of Public Works in White Plains and the County Department of Public Works work out a solution to the storm flooding problems which plague the Beverly Road area.  To date, he has not taken that initiative. With his experience at Westhab as director there, he would be uniquely positioned to develop  “facilitate” a White Plains homeless initiative perhaps in cooperation with the compassionate Mayor’s Office  to handle the Drop-In Shelter problem “dropped” by the county last week. But he has not.


The nominated candidates will attempt to campaign by not campaigning, because the more they say the more their opponents can react to them. While the challengers have to reach out and get some voters to vote for them.


The Primary will depend upon the challengers getting out to voters who will support them against the slate, and finding voters who will analyze the records of the incumbents vs. the promise, the criticisms, and the record of the challengers, and balance that against what they want their Common Councilpersons to do.


In the long analysis, the candidate who stands the most to lose if he does not oust a Dem in the primary is Mr. Bernstein. If he does not obtain an Independent line in the November election ballot, which is attempting to do, he is out if he loses the primary. Corcoran will have the Conservative Line in November.


Boykin, Power and Lecuona will have the Working Families line in November, even should Boykin, Power or Lecuona be squeezed out in the September 18 Primary.


The Democratic Party did not challenge Bernstein’s petitions, but did attempt to throw out Corcoran’s petitions, only to find out they were forbidden to do so by previous court decisions.


Rounding out the November Challengers presumably will be Robert Stackpole, another Democrat denied and Robert Levine, currently collecting signatures to appear on the Independent line in November.


The Republicans have nominated  Cass Cibelli, Anthony Pilla, Jr., and Augie Zicca to run in November for the three Council seats, but the Republican candidates appear not to have started their campaigns.


 


 

Posted in Uncategorized