Power, Boykin, Lecuona Chosen to Run for Council. Bernstein Denied Renomination

WPCNR BACKROOM BULLETIN. By John F. Bailey. April 11, 2007: District Leaders have confirmed to WPCNR that, as predicted by the CitizeNetReporter earlier today and on White Plains Week television this week, Councilman Arnold Bernstein has been denied renomination to run for a second term. Instead, the Nominating Committee has nominated Milagros Lecuona, replacing Mr. Bernstein, and renominated Dennis Power to run for a full four year term as councilman this fall, which would begin in 2008. As expected Councilman Benjamin Boykin was also renominated to run for his third consecutive term on the Common Council. Ms. Lecuona and Mr. Bernstein were not available for comment.


Next in the process is for the slate to be presented to the full city committee April 25, at which time there could be nominations from the floor. It is not unheard of for nominations from the floor to overturn nominating committee recommendations. Bill Ryan lost the nomination for Mayor in 2001 in a floor fight with the late Robert Greer who wrested the nomination from Mr. Ryan by one vote in a secret ballot, after Ryan had been nominated by the City Committee Nominating Committee.

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Board of Ethics Finds Power Does Not have a Conflict of Interest with County Job

WPCNR WHITE PLAINS LAW JOURNAL. From Dennis Power, City Councilman, White Plains (Edited). April 11, 2007: The White Plains Board of Ethics, after a thorough inquiry, has dismissed the complaint against  Dennis Power  by Eleanor McDonald, Chair of the White Plains Conservative Party.  Her counterpart, the Republican Party Chair, made similar politically-based complaints to various agencies, as indicated in the Board’s lengthy report.


Mr. Power has issued the following statement on the decision:  


 


I am gratified that the Board dismissed the complaint, found no intentional or knowing violation of the White Plains Ethics Code, and that:


·        my “former position with the Office of Economic Development was not incompatible with [my] services as a member of the White Plains Common Council.”  (p. 19)


·        The two positions I held (the part-time position as Council member and my former county position) “did not, as a general matter, present a conflict under Section 2-5-109(g) of the White Plains Code” (which bars conflicts in private employment).” (p. 19)


·        My vote to waive a 30-day period to have the City object to a project that the County was considering did not create a knowing or intentional violation of the Code. (p. 20)


 


It is relevant that with respect to that vote, although the Board would have preferred that I disqualify myself, the Board also notes the full disclosure I made with respect to my participation. It is also important to note that the vote by the Council was unanimous and was based on the recommendation of the Law Department.


 


The Board of Ethics has also stated that “there does not appear to be a potential for future conflicts with respect to Common Council votes on General Municipal Law Section 923-a or other IDA-related matters.” (p. 21)


 


The Board reiterated that


 


nothing in Councilman Power’s past position warranted recusal from the City of White Plains’ budgetary process. In addition, at present, this Board is not aware of any conflicts, let alone “substantial and inevitable” conflicts, that could arise by virtue of Councilman Power’s employment by the Department of Environmental Facilities. (p. 21)


 


To the extent that the Board suggests that I seek an opinion when, in the future, any issues arise that might pose a conflict, I am pleased to accept the Board’s views, and I too am confident that in my present position with the County there does not appear to be a potential for future conflicts. 


 


At no time in my former position with the County did I believe there was a conflict, and my former supervisors made it clear to me that regardless of any position taken by the County on IDA-related matters, I was expected to be totally independent in my role as a member of the White Plains Common Council.


 


Once again, I am grateful that the Board has conducted a full inquiry and has exonerated me in the face of hostile and unfair allegations. I fully expect that the complainants will look for out-of-context words and clauses in the Board’s 23-page, single-spaced report to find material they can use in the next campaign just as they and their candidate did in my last campaign.


 


I thank the Board for its careful attention to the issues raised, and I hope the Board and the Common Council will work together to consider amendments to the existing Code that would give greater notice to public officials as to when disqualification is appropriate. Regrettably, a single word, such as “Conflicts” simply does not do much to provide such notice.


 


Moreover, for every advisory opinion issued by the State that warns of a conflict, there are others that permit participation by office holders who hold other government positions. So, those opinions cited by the Board are decidedly unhelpful in providing notice as to conflicts when the facts are totally different.  It would make far more sense for the White Plains Code of Ethics to offer clearer standards. 


 


One final note: The report of the Board stated that Ms. McDonald’s complaint alleged that I was advised by the County Attorney to seek an opinion from the White Plains Board of Ethics.  That allegation by Ms. McDonald was false. If the County Attorney had advised me to seek an additional opinion, I would surely have done so. 


 


 


 

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Brian Maloney’s Fantasy

WPCNR BACKROOM BULLETIN. Fantasy Commentary By John F. Bailey. April 11, 2007: Tonight’s the night the Democratic Party Nominating Committee holds their picnic – the night of the long knives when the chaff is separated from the wheat and candidates who will play ball and be team players are selected for their virtual anointment with a meal ticket to the political paradise of patronage.


Yes, activists and cynics, the Nominating Committee will open the envelope and decide whether to renominate Benjamin Boykin for his third term as Councilman, Dennis Power for his second full term (he had served once before), and Arnold Bernstein for his second consecutive full term. Or will they?



Mr. Bernstein has come under fire from politically correct, anti-Delfino members of the Democratic pecking order we hear because he and fellow Democrat Glen Hockley have voted with the Mayor on several key issues: the sale of  Railside Avenue, the New York Presbyterian Hospital park for subdivision vote (which the Democrats Boykin, Malmud, Power and Roach defeated), and the 85 Court Street issue. Hockley and Bernstein have been characterized as “disloyal.” 


So distasteful are Mr. Hockley and Mr. Bernstein’s stances that a posse of Council wanna-be’s have gone before the nominating committee. The posse included Claire Eisenstadt, Robert Stackpole, Don Hughes, Milagros Lecuona , and of course, Mr. Boykin, Mr. Berstein and Mr. Power.


Based on our observations around town, with Ms. Lecuona has appeared frequently at council meetings that you would not expect her to be at, unless she knew something only she knew. The convenience of her candidacy enables the Democrats to cover two ethnic groups with one stone by nominating her over one of the three men – I would bet Ms. Lecuona is going to nominated.  And, she made some great observations at the Cable Commission meeting and the Council meeting last week.


Otherwise, why would she bother sitting in on council meetings. She is the only candidate I have observed that has been following the issues.


The Democrats could send a message by denying Mr. Bernstein the nomination – though he has according to political observers – done a lot for the Democratic Party in terms of running winning campaigns. But, hey loyalty is the key here. If you’re a Democrat and the party takes a totally morally indefensible position you should follow them blindly.  Because as we all know, being a Democrat you are by definition morally superior politically. Dumping Mr. Bernstein on the assumption that they can nominate anybody as a Democrat and they will win will be an interesting test.


However, they have to be careful here. Bernstein has name recognition and could if he were dumped, primary – or bolt to the opposite party, the Republicans – who, we are told are looking at him with interest.


Should Bernstein be shafted tonight, the Republicans, I am told are toying with the idea of making overtures to Mr. Bernstein to run for Council on their ticket. This, would I am told pave the way for the not-so-secret strategy of Councilman Glen Hockley switching parties to run eventually for Mayor on the Republican Ticket in 2009.


Bernstein could primary for his seat, but why spend money when, by switching to the Republican standard, he could spend the money to retain his seat and play his incumbency up to the hilt – “A proven Councilman – Defender of the Downtown – Standing for Progress against Political Correctness” the whole works, forcing his former colleagues into defensive positions.


Power, the darling of the Democrats these days with his perpetual anxiety attacks over issues of the homeless, open space, and the touchy feely issues, and development, seems assured of getting renominated. He says all the politically correct things – and since his nagging actually exposes the issues, no matter how inadvertently, he’s going to get the nod.


 Boykin though falling down helplessly and exhibiting incredible laissez faire attitude as city financial watchdog – whose input on the 2007-2008 Budget as Chair of the Budget and Management Committee – has been null and void – seems assured of renomination, too.  You can’t kick a two-term councilman off the ticket.  A one-termer maybe. (Remember Bill King?)


However neither Boykin, Malmud or Roach have even raised an eyebrow over city spending, condoners of a contaminated city dump,and a giveaway to Verizon on cablevision that they never paid attention to, and that Mr. and Mrs. White Plains will pay for, and no consultation on the budget.


 (Please note – the budget of the city has not been cut at all. Poisitions have not been filled, but they are still being budgeted for.)


 Boykin even stopped short of blasting the Chief Finance Officer of the city for not getting preliminary budget figures to the committee.


So if I were plotting in the Republican bunker with Brian Maloney, City Republican leader, and I wanted to take a shot at getting some semblance of power back, I’d seriously nominate Bernstein. The Committee I have also been told is looking at nominating Cass Cibelli again and Patti Cantu from Battle Hill.  Much attention is being paid by the city to Battle Hill concerns – and this may be a tipoff that Cantu is definitely being groomed for a candidacy by the Republicans. (A campaign springs to mind….”She fought for Battle Hill she’ll fight for you.” And weave it around the quality of life issue that the Mayor is always talking about. Not only that but Hockley whose main issue is also quality of life could pave his way to his big switch to Republican for Mayor (in 2009), by speaking out on that issue with Ms. Cantu. Sounds like a plan, doesn’t it?)


Cibelli who has lost to Bill Ryan for County Legislator – and who now is a member of the Planning Board – could campaign against the rising tide of school taxes and fiscal responsibility by the schools. In fact, the Board of Education refusal to cut the budget any more Monday night, was a direct slap in the face to every taxpayer. 


The school budget at $174.1 Million is now on course if you continue spending at this year’s contrived 4.4% budget rise,  (contrived because it depended on an influx of aid from the state and an accounting change, which actually increases spending), and assume accessibles stay the same and do not decline below the  $292 Million level of this year (unlikely), and the White Plains School Budget will be $198 Million three years from now (2010-2011). Mr. Cibelli might run for school board and that would be interesting since he is a teacher in the New York City school system and knows how that school system is being scourged of its waste spending.


However the pink elephant with muddy feet is always in the room when city hall and the school system discuss money or for the most part don’t discuss it. The school system actually cut the budget this time around  but not as much as they could have when the legislators made it possible for them not to.


The city, which has over 30 commissioners and deputy commissioners making well over $100,000 a year…(over $3 Million in executive pay), probably is thinking of raising  Common Council pay to $40,000 a year this year…and I would not be surprised if it were not raised more to$45 or $50,000 – considering they are working so hard (a meeting a week for about the last 5 weeks).  That’s worth fighting for.


 


Anyway, if I were the Republican Chair in White Plains, sitting holed up in my abandoned line shack trying to figure out how to pick up the pieces of a party that has been shattered by a tax, spend and giveaway and nolo contendre certiorari policy that has shrunk the city tax base $33.9 in 8 years, I’d love a ticket of Cibelli, Cantu and Bernstein, wouldn’t you?


Getting back to the Democrats, the outstanding choice to go with the bookends of Boykin and Power is obviously Robert Stackpole. He is courageous, articulate, intelligent and has a grasp of the financial markets who just might be able to communicate prudent financial policies to the city’s financial geniuses, something no Democrat has done in the last eight years. Of course not, the “Six Blind Mice,” as former Mayor Del Vecchio has dubbed them,  have participated in the financial free wheeling spending that has the city catching up rapidly to the schools in spending.


But, that is exactly why Stackpole won’t get nominated. He would be a very obnoxious and uncomfortable presence when tough issues come up.


Using my basic math schools I predicted the city budget would be $154 Million in 2007-2008 – one year ago. Next year it will be given another 5% increase, it will be $161 Millon, just $5 Million shy of what our school budget was this year. It will cost Mr. and Mrs.  And Ms. White Plains $900,000 A Day to run the city and its schools in 2007-2008.


Finances are and should be the major issue in this next election, but nobody is going to talk about it. But they should. They won’t if the people don’t care.


 


 

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Should BID EXPAND TO LEX, W POST RD, Maple, Bloom Rd?

WPCNR MR. AND MRS. AND MS. WHITE PLAINS BUSINESSPERSON POLL. APRIL 10, 2007: When “The Councilman in Exile,”  William Waterman, owner of 88 East Post Road publicly exposed the shallow effort the BID made to inform the 200 property owners in the Lexington Avenue, West Post Road, Maple Avenue and Bloomingdale Road sections that they needed to inform the city if they did not want to join the BID, it exposed the fact that the BID is just looking to add little over $1 Million to their budget and sink their teeth into the rich, BID-free properties along Maple avenue.


The jury is still out on how many property owners will reject the BID expansion, however unless over one hundred of the owners object, it’s going to go through. To get the form to object, they need simply to call up the City Clerk and the Clerk will send you a form.  In the interest of seeing a public accounting on this…we invite the public to vote in the BID poll at the right.


And, in the interest of improving BID performance, WPCNR has dreamed up a number of suggestions that could if executed correctly with the extra million dollars they are expected to enjoy from assessing new properties like Fortunoff, the White Plains Pavillion and Crowne Plaza, in addition to their poor outlying cousins and relations on West Post Road. I have been watching the BID for a long time, and after you vote on whether the BID should expand down West Post Road, you might indicate what of  the new initiatives I have dreamed up that might be made by the BID might do for all members of the Downtown Business Improvement District.


The suggestions are:


 





Option 1 & 2: Straight up answer as to whether or not you think the BID should expand


Option 3:  BID SHOULD ISSUE FINANCIAL REPORTS OF MONEY SPENT BY AREA, MONEY GENERATED FOR ITS MEMBERS. The BID should issue annual financial reports measuring the health of businesses in its district, including, vacant spaces, success of new stories, properties available, growth and annual contributions of gross receipts. However, the lack of believable publicity generated by the BID office on the events they do execute (how about year-to-year business figures by business on sales on the days the BID has events),  may be the reason I am not aware of any others. Other than sweeping the streets and the Downtown Ambassador program, that are hyped at every term as being good for the downtown — but the generally make merchants feel the BID is working for them and is there for them — and who knows they might make some more money.


Option 4: BID SHOULD ISSUE Case Studies of Bizes Helped: Wouldn’t it be great if the BID told us success stories of individual businesses in terms of profits before and after, how the BID has helped them? I have never seen one of these, though I am sure they exist if the BID says it consults and helps businesses. The BID needs to tell this story and is moving into an area in need of this kind of help.


Option 5: BID SHOULD APPOINT LATINO/BLACK LIAISONS. This would be a marvelous way to begin the outreach to their new Lexington Avenue, West Post Road, Maple Avenue constituents if the BID expansion is not denied. If you’re going to be working with Hispanic and Black merchants in that area, what better way to start?


Option 6: BID SHOULD LIAISON IN WEST RENAISSANCE:  The on-again, off-again West Side Rennaissance involved housing, street ambience and revitalization of the area. The BID if it wins endorsement of the majority of the owners has to be involved in making that happen. So far they appear to be a non-player because this is not their district.  If the owners decide by default (not objecting) to join the expanded BID district, the BID needs to take a strong role with the city dealmakers on how that is developed. We will see.



Option 7: BID SHOULD REPORT MONEY GENERATED BY EVENTS STAGED: We have never seen financials from the BID on the costs of their promotions and the traffic generated by business in the downtown WHEN THEY TAKE PLACE, and moneys spent on Mamaroneck Avenue, North and South, Main Street and side streets in the BID District. We only have highly optimistic estimates of crowds brought into the downtown on the Taste of White Plains, the New Year’s Eve Ball Drop, (and if I have forgotten any promotions, I apologize). These reports may be generated internally — but let’s see how these promotions pay off.



Option 8: BID SHOULD INVOLVE MORE YOUTH IN BID SERVICES: Every once in awhile we see activists cry out for city employment of youth. Well the BID hires Ambassadors — but they could do more, a lot more. They could provide an employment service among BID members…which, for all I know, they may be doing. But, why don’t we know about it, if they are. Heck, the BID instead of their meanspirited campaign against the homeless could make a difference with the homeless by offering employment, street sweep jobs, instead of treating them like lepers. It is not nice to play politics with the down and out.


Option 9: BID SHOULD OPEN A WEST SIDE AND EAST SIDE OFFICE: Do you know where the BID office is? I know. It is on the upper floor of Louis Cappelli Headquarters, 14 Mamaroneck Avenue — off the street. It is very nice, but if the BID really wants to reach out to the newly expanded BID District if the owners opt in by not objecting — they should open a street front office to welcome and interact with the new merchants. They also should get out of 14 Mamaroneck Avenue and get on the street where they belong. At least the county tourism office is on the street.


Option 10: BID SHOULD TAKE OVER CITY PUBLIC RELATIONS: Other than the occasional magazine slick in the Gannett newspapers, the city does a lousy job of promoting itself. The BID should do this for the downtown — and without building up a payroll staff. The BID sends out a newspaper…but hey, how do they promote vacant properties and attract business to the downtown.


Option 11:BID SHOULD PREPARE PROFILES OF DISTRICT ECONOMIC AREAS:  New York has its Tribeca, SOHO, Chelsea — the BID should look at the unique zones in their White Plains district — how about “The Stroll” (Mamaroneck Avenue bars), “White Plains Way (City Center)”, “Ritz Way” “Tango” (After the restaurant-Hispanic restaurant area), Easterly (Bloomingdale Road) and “Lexi” (for Lexington Ave and West Post Road after it’s been rennaissanced with jazz bars, soul food, and theme bars — just some off the top of my head suggestions– that would glamorize the areas and give them cache.


Option 12: BID SHOULD WRITE PROFILES OF EVERY BUSINESS IN THEIR DISTRICT: Then you could promote them all better to newcomers, etc. If they are doing this now, then why don’t we know more about it. The White Plains Times promotes businesses more than the BID does.


 

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