BID Move Implodes After Negative Option Ploy Exposed. Cablevision Says No Way!

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. April 5, 2007 UPDATED April 6, 2007, 12:22 A.M. EDT: It was like old times at the Common Council last night as the “city seven” listened and practiced statesmanship until 12:20 A.M. this morning. After the Mayor gave his state of the city address and listened to Council President Rita Malmud’s take on the issues in rebuttal, the Council elected to keep the  hearing on the BID expansion to the west, south and east sides of the city (Lexington Ave, Mamaroneck Avenue, and Maple Avenue out to Bloomingdale Road), open another month. And moved full steam ahead to consider approving or turning down the Verizon franchise agreement proposal April 16 — 12 days away.


Edward Dunphy, Corporation Counsel, told WPCNR the only consequence of the Council not approving the agreement on April 16 was that it would delay Verizon applying to the Public Service Commission by a month. Dunphy also said it cost the city $90,000 in legal fees, engineering fees and related expenditures to negotiate the contract. Dunphy said Cablevision had refused to negotiate with the city as of June 2006, saying it preferred to wait until the Verizon negotiation was completed. He also said the city should have been negotiating with Cablevision simultaneously.


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William Waterman, the former Councilman and a property owner in the affected area, 185 West Post Road, spoke for many of the speakers from the Lexington Avenue and Post Road areas on the BID issue. Mr. Waterman criticized the way the BID has attempted to get a decision on the project. He charged that it was a devious  process that in order to decline joining the BID, a land owner had to contact the BID and say they did not want to join.


He also pointed out that Executive Director Rick Ammirato failed to notify Spanish tenants in Spanish on communications sent to them. A hardware store owner echoed this very same sentiment that contacting the BID to “opt out,” was not made clear. The West Post Road area is heavily  populated with Spanish shopowners.


Owner after owner came up professing ignorance of what the BID did, how joining the BID would affect them, and what they would have to pay if their part of town became part of the BID. Ted Peluso, Chairman of the BID and the Mayor pledged that they would be having meetings to reach out more effectively to the targeted areas and would be discussing it in the next few weeks. The protests (that owners said they did not hear of the BID effort to incorporate them), were despite Mr. Ammirato’s efforts that he said sent out a thousand letters, posted notices and contacted owners and tenants.


On the Verizon agreement—Cablevision Nixes $1 a Sub Fee.


They also decided to move on a pace to decide on the Verizon cable franchise agreement by April 16. It was made obvious that Cablevision was not going to agree to the terms of the Verizon agreement, as their legal counsel, Paul Jameson picked apart the proposed franchise agreement, vowing  Cablevision would not agree to a $1 per subscriber PEG fee which Verizon has negotiated. Mark Weingarten, newly retained attorney for Cablevision said the city had six months to negotiate the agreement. “Negotiations begin now,” Weingarten warned.  Mayor Delfino said he was not going to renegotiate the contract in a public hearing.


 The Council said they would get their questions to corporation  counsel Edward Dunphy on the agreement by next  Tuesday so a decision up or down on the contract could conceivably be made within 12 days on April 16.  


Dunphy,  began the hearing by saying due to a ruling by the FCC, the city was attempting to approve the agreement before a deadline the FCC has set, without specifying the end date when the city had to complete negotiations. Weingarten said the city had six months from last night, which would give the Council until September. Dunphy told WPCNR Thursday afternoon the only consequence of the Council not approving the proposed agreement April 16, was that it would delay Verizon applying to the New York Public Service Commission for a Franchise approval a month. “It’s just delaying the inevitable,” Dunphy said.


Lecuona: Verizon can charge back cost of the $250,000 “Grant”


It was pointed out by Milagros Lecuona, a member of the White Plains Public Access Television Commission, that after she had reviewed the contract she had several serious reservations. She said she was for competition, but noted that  the length of the contract, 15 years, was a long time when a lot could happen and that she would like the Mayor “to consider that (length of) time.” 


 She said “the recovery cost that part of the contract should be revised. Exceptions on the gross revenue that is very important for us because the franchise is calculated based on that. The public right of way… it’s kind of conflicting situations so that should be clarified. The restoration of subscriber services that’s also not clear. Whoever is not a (Verizon) subscriber is not protected. I want to make a clarification again, that has already been done several times tonight here, about the $150,000 and then $50,000 and another $50,000 which are the recovery cost. It’s very clear said on page 13, 5.6, to the extent permitted by law the franchise (Verizon) shall be allowed to recover the cost of the initial PEG grant and any of the costs from the subscribers  so we are really paying for that ($250,000).” 


(Editor’s Note: the provision actually reads: To the extent permitted by federal law, the Franchisee shall be allowed to recover the costs of the initial PEG Grant and the Annual PEG Grant ($1 a subscriber) or any of the costs arising from the provision of PEG services from subscribers and to include such costs as a separately billed line item on each subscriber’s bill. )


Verizon “Grants” Fully Recoverable from Mr. and Mrs. White Plains


Ironically, she was subtlely pointing out Scott Parr the spokesperson for Verizon was confused earlier when he had said that Verizon was going to amortize the $250,000 PEG grant over 15 years and that they needed the 15 years to amortize that amount of money.


Since Verizon is allowed to recover the PEG grant from subscribers in the proposed contract, then White Plains citizens will actually be paying the PEG grant and the $1 Subscriber fee  for Verizon. The tech grant is actually a loan to the Public Access operation without interest that will be  paid back by the White Plains Verizon subscriber and not a grant at all.


Carl Albanese another speaker drove home this point, advising the Common Council to “read the contract,” because only Mr. Roach picked up this point when he noted that the $1 subscriber fee could also be recovered by Verizon.


Councilman Benjamin Boykin said he felt that there had to be built in protection for inflation and that this was a deal-breaker for him. Parr said that Verizon chose to invest more in technical support (the $250,000) up front so it could be amortized over 15 years and that was why inflation protection was built into the contract. Ms. Lecuona, in her remarks later, clearly pointed out that Verizon is permitted to get all the grant back from the subscribers.


Verizon, among other speakers had six Verizon employees from White Plains speak on the need to pass the agreement. The most interesting quote of the night was from the Vice President of Public Relations for Verizon, who told the cameras “Verizon doesn’t make much money in New York.”



 


Hearings on the other big city deal with LCOR on building two 29 story apartments on Bank Street in exchange for a $15.5 Million payment (form of which to be determined), was adjourned until next month. The hearing on the North Street Community was moved off to May 7 also.

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Mayor Calls for Sales Tax Increase; Affordable Housing 20-80 Rule for Lex Ave Co

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. April 4, 2007: In a 20-minute speech completed moments ago Mayor Joseph Delfino of the City of White Plains delivered his State of the City Address to the Common Council, calling for a 1/2% increase in the city sales Tax, upping it to 8 and 3/8 per cent, and stating he will ask New York State to approve a 20-80 Home Rule to faciliate affordable housing development in the Lexington Avenue corridor.  The Mayor announced the formation of a Green Technology Advisory Committee  to find “how best to develop programs and regulations to implement green technology,” and a Pedestrian/Traffic  Management Advisory Committee “to provide advice and ideas to the city on how to enhance the pedestrian experiencde and best manage vehicular traffic in the downtown.”



Mayor Joseph Delfino of the City of White Plains delivering his State of the City Address


The Mayor also announced he would ask the council to include down payment assistance for existing units in the Affordable Housing Program,  “so that we may expand the opportunities for home ownership to an even greater number of White Plains families,” and promised a new revamped city website with more information on it and the ability to pay taxes online.


The Mayor did not mention the new budget for 2007-2008 Proposed City Budget presented to the Common Council, not even the amount or the property tax increase of 7%. 


Here is a draft copy of the Mayor’s address:




2007: Making the Right Choices for White Plains


 


Members of the Common Council, honored guests, friends and family, citizens of White Plains, thank you for being with us tonight. I would like to thank our newest heads of community boards and commissions that are present here tonight:


 


I would like to thank my family, especially my wife Ellie, for putting up with all the long hours and time away from home. Thank you for your understanding.


 


I would like to thank my staff:


Executive Officer, Paul Wood


Coordinator of Economic Development, Melissa Lopez


Strategic Development Officer, David Maloney


Theresa Romano


Karen Costable


Thank you for all your hard work!


 


I would like to single out a few leaders here with us tonight:


 


Dr. Valerie Alcena, Chairman of the White Plains Cable Commission


John Garment, Chairman of the Planning Board


John Ioris, Chairman of the White Plains Performing Arts Center, and a member of the Planning Board.



I would also like to thank our professional staff for their hard work, professionalism, and their dedication to getting the job done.


 


On a personal note, this is the first state of the City that I have delivered since the passing of our friend and colleague Robert Greer. Bob was a gentleman and a statesman, and his steadfast determination, negotiation skills, his common sense approach and willingness to compromise are truly missed.


 


Mayors across this country have a responsibility to ensure that the basics are taken care of and then to build upon that strong foundation. St. Francis of Assisi once said: “Start by doing what’s necessary, then what’s possible, and suddenly you are doing the impossible.”


 


We began the renaissance of White Plains nine years ago by focusing on doing what was necessary, and by focusing on one key point: rebuilding confidence in our city. We worked to keep people safe, we worked to attract investment, and we worked to make White Plains a place that people wanted to live, work, and visit.  


 


Phases I, II, and III of my Economic Development Plan have transformed our Downtown, and helped make White Plains one of the hottest destinations on the entire east coast.


 


The new residential development has made White Plains a more sophisticated community. We have attracted a new type of resident to White Plains, one that desires retail opportunities, fine dining, and entertainment venues in close proximity. These new residents have been followed here by service oriented businesses seeking to meet their needs. What we now have Downtown is a mix that attracts residents of White Plains, as well as people from all over Westchester County.


 


We have also created an environment in which the corporate sector feels they need to have a presence. This is quite obvious by looking at our office vacancy rate, which has plummeted from 34% in 1998 to an estimated 9% by the end of 2006.


 


The revitalization of White Plains has brought in thousands of jobs, millions in revenue, and most importantly, has created an atmosphere that the City of White Plains is the place to be in Westchester County and beyond.


 


Despite all the momentum we have with us now, we are not done yet. The day we begin to think we have arrived is the day we begin to slide backwards. Cities continue to grow and change, or they deteriorate, it is as simple as that. Communities around this country spend millions of dollars annually to create the type of buzz and momentum that we have created here.  


 


We cannot afford to be finished with this renaissance. Not with tax certioraris, unfunded State mandates and increased health and pension costs eating up more and more of the budget. In fact, healthcare and pension costs are at an all time high. Look no further than our own healthcare and pension costs, which have increased from $12 M to $25M, representing a 108% increase over just the past four fiscal years.


 


My administration will continue to explore ways to expand our tax base, there is no other choice. And over the next few months, I look forward to bringing a number of exciting opportunities to the Common Council and the residents of our city. If we are to be successful, now and in the future, we must continue this renaissance, we must continue our progress, with an eye toward creating a sustainable prosperity for future residents of White Plains. 


 


The City has long been deprived of its own IDA which would have generated millions of dollars of revenue which could have been used to relieve the tax burden on our residents, create affordable housing and foster other creative programs. Instead, the revenues have only flowed to the County, since we are forced to use their IDA to induce new development.


 


White Plains must have the ability to control its own financial destiny.  I am calling for the cooperation of our representatives at all levels of government to support White Plains as we continue to press for the creation of the City’s own IDA.  In addition, I will be asking this Council to support two very important “Home Rule” messages to aid us in sustaining future budgets:


 


First, I will be asking the State Legislature to allow our City to increase our sales tax percentage by ½ percent.  This measure will make the City consistent with all the other major Cities in Westchester that have their own rate.  The total rate would be 8 3/8%. This is the same sales tax rate charged in Mt. Vernon, New Rochelle and Yonkers.  Based on today’s revenues, this measure alone will generate more than $10 million annually. 


 


I will also ask the Common Council to join me in a “Home Rule” message asking that the City of White Plains be granted the same kind of powers afforded to New York City under Real Property Tax Law Section 421-A, to enable the construction in White Plains of residential projects in which 20% of the units are affordable to people of low and moderate income. This program is critical to our goals for the revitalization of the Post Road/S. Lexington Avenue corridor, and to bring significant numbers of new affordable units into the City of White Plains.


 


 


Lexington Avenue/ Post Road Corridor


 


I would like to begin tonight by discussing the future of the South Lexington Ave. / Post Road Corridor which will be covered comprehensively in Phase IV of my Economic Development Plan. The recent approval of the expansion of the Emergency Room Department of White Plains Hospital Center, as well as the infrastructural upgrades to the Winbrook community by the White Plains Housing Authority are significant signs that reinvestment is already taking place within this corridor.


 


This summer, the City of White Plains will begin to undertake our own approved reinvestment projects, beginning in the spring with the installation of new streetscape and curbs on Lexington Avenue. The new streetscape, funding for which was obtained by my office from Sens. Hillary Clinton and Charles Schumer, represents an effort to link neighborhoods, and extend our already walkable downtown to the Lexington Avenue corridor.


 


In 2006/07 the Capital Projects Board approved a capital expenditure for the construction of a parking garage on Longview Avenue to assist with the parking crunch that is negatively impacting the employees and patients at White Plains Hospital Center. The construction of the Longview Garage is critical to increasing the capacity of the hospital, as well as to assist the local residents and businesses within this corridor.


 


On February 7 we held our first public meeting on Lexington Avenue/ Post Road Revitalization, and it was a tremendous success. Nearly 100 residents came together to share ideas, concerns, and voice their opinions about the future of the corridor. My sincere hope is that the greatest number of residents within this corridor will participate in this process, so that we can incorporate all of their comments and ideas into the overall redevelopment strategy.


 


Public Safety


 


My administration has worked to create effective programs that have made our Public Safety department more receptive to both the men and women in uniform, and to the citizens they serve. Nothing makes people feel better than knowing the streets of White Plains are safe, and that we can feel secure in our homes.


 


The men and women of our Public Safety department continue to impress so many of us with their desire to serve and protect everyone in our city. I want to say thank you for a job well done!


 


A recent Journal News story cited the drop in crime in our city as a clear sign that we have created a formula that is working. Part 1 crimes have decreased by nearly 6 percent over the past year, and are down a remarkable 37% since 2002.


 


Do any of us believe that the tremendous gains in the safety and security of our citizens would have happened with fewer police officers on the street? Of course not, and soon, we will be adding 13 new police officers and 5 fire fighters to fill vacancies on the force. We will also be hiring fire fighters to fill vacancies. Citizens and visitors should not have to worry about their safety, and the focus of my administration will be on keeping the officers on the street.


 


Open Space/ Smart Growth


 


Although the overall population of New York State is declining, our region is expected to continue growing. We must make smart choices about how to prepare for that growth. The most important thing that the City of White Plains can do is to continue to encourage “smart growth” in our downtown. What does “smart growth” mean? It means putting housing, retail, and mass transit within close proximity, so that we can make better use of our walkable streets and public transportation. My strategy focuses on attracting people to live within our downtown, but it’s also about preserving designated open space for future generations.


 


In January we announced the acquisition of the Grieco property, another parcel of open space targeted by the Open Space Acquisition Advisory Committee and now under city control. Since 1998, my administration has preserved 45 acres of open space for future generations of White Plains residents.


 


Much to my dismay a recent proposal to acquire six acres of much needed City controlled parkland/ open space was defeated by a majority of the Common Council. This acquisition would have preserved a total of 19 acres on the New York Presbyterian Hospital site. Despite this setback, my administration will continue to seek out opportunities to add strategic parcels of open space/ parkland to our City’s stock.


 


There are many who believe that we will never have enough open space, but we must also realize we may not have enough parkland, or enough ball fields. The answer to solving this problem is getting creative in the way we approach opportunities. If we can continue to make wise choices our future will be filled with promise.


 


“GREEN” TECHNOLOGY ADVISORY COMMITTEE


 


In the review of new projects and in the recent recommendations for changes to the City’s 1997 Comprehensive Plan, the use of emerging “green building” construction and maintenance techniques that lessen the impact of development on the environment have been explored and recommended.


 


As I have already stated throughout my administration, I have been committed to the principles of “Smart Growth.” Since I took office we have:


 



  • Concentrated new development in the downtown core, where existing infrastructure, including roads, can be used and improved, and without consuming previously undeveloped land. All of the new development in the downtown has been the result of redeveloping previously developed land;

 



  • Not displaced any existing residents while building new residential housing to bring life to the downtown;

 



  • Required new landscaped open areas to be provided with new development, and upgrading existing public open space, such as the creation of Renaissance Fountain Plaza and the Library and Tibbits Park Sculpture Gardens; and

 



  • Established a Construction Management Protocol that requires that the environment and surrounding land uses be protected during the construction of any new project.

 


“Smart Growth” also incorporates the concept of “Green Growth”, which involves constructing buildings with methods and technologies that reduce their impact on the environment, and designing the buildings to be more environmentally friendly over the life of the buildings. There are many aspects to “green building technology” and some elements are more easily implemented than others.


 


To understand how “green building technology” could be best implemented for construction in White Plains, I am establishing a “GREEN TECHNOLOGY ADVISORY COMMITTEE.” I will be asking representatives from the development and finance community, those involved in developing affordable housing; architects, and representatives of the White Plains business community, to join with myself, designated Common Council members, and City professional staff to develop a report to the Mayor and Common Council on how best to develop programs and regulations to implement “green technology” in ways that preserve the economic viability of development and also provide the greatest possible benefit to our environment.


 


Affordable Housing


 


The City’s Affordable Housing Program requires that developers of new market rate and luxury housing make at least 6% of their project affordable for individuals and families at an average of 80% of median income, or pay a substantial buyout fee.

It is satisfying that we have been able to achieve an average of 9% affordable units from our approved residential projects, and we will continue to review our guidelines on a project by project basis. As I have said in the past, we must be cautious not to arbitrarily select a percentage that could deter new development opportunities in our City.



Our “buyout” payments allow us to remain flexible, and permit us to help the greatest number of White Plains residents. In the coming months I will ask the Common Council to include down payment assistance for existing units in the Affordable Housing Program, so that we may expand the opportunities for home ownership to an even greater number of White Plains families.


 


In addition, the Home Rule legislation we are asking for will enable the Urban Renewal Agency and the City to partner with LCOR to create an “80/20 project” at the Bank Street site, creating more than 100 new units of affordable housing.


 


Traffic


 


As Mayor, it is not often that I hear about the good things that are happening within our city. Traffic is one such area. We hear about the increases in traffic and congestion, but according to recent traffic analysis, despite all the new development and retail opportunities, we have experienced just a 2 % increase in traffic from this time last year.


 


I am also proud to announce that the City of White Plains was honored twice by American Automobile Association at the close of 2006. The city received the Best Practices Award for our green “LOOK” markings that many of you may have seen throughout the City. We also received the 2006 Platinum Award for Community Traffic Safety.


 


To achieve both the objectives of a well managed vehicular traffic system and maintaining a truly “walkable” city, I am appointing a Pedestrian/Traffic Management Advisory Committee to provide advice and ideas to the City on how to enhance the pedestrian experience and best manage vehicular traffic in and around the downtown.


 


This Committee will consist of downtown residents and business owners, development entities, the BID, and City staff from Planning, Public Works, Traffic, Parking, and the Mayor’s Office of Economic Development. The committee will prepare a report for the Mayor and Common Council consisting of ideas for making White Plains an even more pedestrian friendly, more welcoming, “walkable” city.


 



Youth Bureau


 


The City of White Plains Youth Bureau is unquestionably one of the best youth agencies in the State of New York. The Youth Bureau services more than 6,000 children and young adults each year. Close to 800 children per day are enrolled in our after-school programming which we recently expanded to include grades K through 8.


Our award winning Youth Bureau continues to expand its outreach to our community, for example:


 


The Youth Bureau is now open on Saturdays from 1:00 p.m. to 9:00 p.m., offering a number of activities for our children and young adults. 


 


Step Up! Youth Development Program – is a a new initiative which is offers at-risk youth positive support, training, team building and increased communication.


 


Our Youth Employment Program continues to be a huge success.  Our employment fairs are business driven, and our students dress as though they are being interviewed for a position with a Fortune 500 Corporation.  Currently we are providing more than 600 employment opportunities per year to White Plains students.


 


Our Entrepreneur Program realized international acclaim in 2006, as White Plains’ own Laura Delucia was a National Foundation for Entrepreneurship Award Winner.  Laura won for creating Healthy Hearts, a business that creates heart healthy treat baskets for individuals with heart disease. Congratulations to you, Laura.


We are also the recent recipient of a United States Tennis Association Grant of nearly $3000 dollars.   The purpose of the grant is to provide tennis education and instruction to underserved White Plains youth.


 


To the staff of the Youth Bureau, Thank You.


 


Recreation and Parks


Our recreation and parks department had another banner year in 2006, and 2007 promises to be even better:


 


We will continue the ongoing renovations at Delfino Park, which include upgrading the picnic area, basketball courts, and existing ball fields.


 


A Capital Project has been approved which will allow us to renovate the Chatterton Playground located in the Battle Hill Neighborhood at the corner of Chatterton and Harmon Avenue.


 


We are also planning an expansion of our family centered events throughout our neighborhoods and in our downtown area.


 


In 2006 the Senior Center received new computers and an overhaul of the physical space of the existing computer lab. In 2007, the Center will receive a renovation of the physical plant and increased afternoon and evening programs.


 


Finally, we look forward to another expansion of our Arts Walk throughout the downtown area.


 


Efficiency and Service Capability


 


Locally, we must rethink how we provide services to our citizens. Technological advances have changed how we work and how we communicate with one another. My administration has committed to a plan to make more and more services available through electronically accessible government, or what is commonly called e-government.


 


We must emulate, when and where we can, the best practices of the most successful businesses in a few key areas: using the most advanced technology to better manage information and resources; and to work toward a paperless workplace, where citizens can obtain permits, licenses, apply for jobs, obtain records and information from city departments.


 


I am pleased to announce that very shortly the City of White Plains will launch a new City of White Plains website that will continue the theme of a more open and responsive government. Our residents will not only be able to access information from all departments, but will also be able pay their city taxes online.


 


White Plains Live and Local is the newest program about the city playing on cable channel 75. This original programming brings the City of White Plains to the residents in a fun and informative way.


 


Our city is a growing city, and under my administration we will continue to provide the very best services available in this County. The path we have taken has created jobs, grown our tax base, given much needed income to our school district, and helped keep our property taxes among the lowest in Westchester County. For White Plains families it has created jobs, created affordable housing, and has allowed us to preserve nearly 50 acres of open space since 1998. 


 


Unfunded mandates, rising healthcare and pension costs, and decreases in aid to our community continue to present challenges to our government. The development opportunities that continue to be presented to us represent our best chance to create a successful community.


 


To rest on any perceived laurels or progress would be a tremendous mistake for my administration, the citizens of White Plains, or any elected official. A great city can only be attained by the work of its great citizens.


 


The state of our city is strong, and by continuing on this path we can only increase our position as the finest community in all of Westchester County.



 

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Cable Commission Has Questions on Verizon Agreement But it Does Not Matter

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WPCNR WHITE PLAINS WIRED. By John F. Bailey with Technical Assistance from Don Hughes.  April 4, 2007: The White Plains Cable Television Access Commission deadlocked last night 2-2 when they were asked to approve the proposed Franchise Agreement between Verizon and the City of White Plains introduced two weeks ago. However, three of the four members attending learned to their surprise that whether or not they had questions or reservations about the agreement,  their input would not be considered. The deal had already been decided according to the Chair of the Commission, Dr.  Valiere Alcena.



White Plains Cable Television Access Commission meeting Tuesday evening on the Verizon proposed franchise agreement.


 


 Though  four members of the Cable Commission  present all were in favor of another company coming in to compete with Cablevision in the White Plains market, Mary Ann Keenan and Milogros Lecuona  said they had many questions to be answered to determine if the $250,000 tech support upfront, $1 a subscriber  paid each month for 15 years (approximately $228,000 to $240,000 a year, and 5% of Gross Revenues agreement was the best arrangement White plains could negotiate. Lecuona had numerous questions. Keenan said $250,000 technical support for the White Plains Public Access studios did not seem enough compared to the $800,000 the city received from Cablevision in cablevision’s recently expired franchise agreement with White Plains.


 



Dr. Valiere Alcena, (left) Chairing the meeting with Jim Kenny, (right) Executive Director of the White Plains Public Access Television studios.


James Kenny, the Executive Director of White Plains Public Access Television said it was the best agreement negotiated by any community in New York State.


Dr. Alcena, recently appointed chair of the commission, said the moneys from the $250,000 would be used to upgrade the station equipment to digital technology, and to build new studios. He did not say when this was expected to take place.  He said he though Verizon proposed franchise agreement was a very good deal.


$228,000 Plus to Come to Cable After $250G grant ends.


Kenny told the gathering that the $1 a subscriber monthly fee for  the 20,000 White Plains wired households would result in $228,000 a year for the cable television station, expected to develop meaningful dollar numbers after about three years (allowing time for Verizon to acquire subscribers). He said it would be significant money replacing the $250,000 technical grant beginning in the fourth year of the agreement.


WPCNR notes, on reading the agreement, that this would however depend upon the city allocating most, if not all the subscriber money to the station. The agreement as written does not specify that the $1 Verizon payment for each subscriber a month is required to be plowed back into cable television. It goes into the general fund, according to city Corporation Counsel Edward Dunphy at a public introduction of the agreement two weeks ago.  Dr. Alcena said City Chief Financial Officer, Gina Cuneo-Harwood said that cable television could have “whatever they need.”


No time for answers from legal 


As Ms. Lecuona  and Ms. Keenan peppered Dr. Alcena and Mr. Kenny with questions, Alcena became defensive,  and said that there was not time to answer questions and make changes in the agreement because the city might lose the deal due to Federal Communications 90 day rule that required the agreement to go into effect as is. Kenny pointed out the option that Verizon has of applying to the state asking for the present deal that Cablevision has previously, by which Cablevision pays 38 cents per subscriber, Kenny later said. But, they are no longer paying that having already paid out $800,000 over the 10 years of their contract, plus their 5% of gross revenues. 


Kenny said the state is also preparing legislation that would negotiate a one-size-fits-all deal for each public access operation franchise in the state. Verizon, through a spokesperson told WPCNR, the company opposes this deal. Kenny also advised the city did not want to be stuck with a deal negotiated by the state.


A Dawning


After an hour an a half of discussion, and questions from the “studio audience,” this frank talk about a time limit on the part of Dr. Alcena and Mr. Kenny, shook up Ms. Keenan and Ms. Lecuonos who came to  the realization they were not going to be able to make changes in the agreement. Thanks to a recording of the next dramatic moments made by Don Hughes, WPCNR is able to bring you this real life drama of government in action:


Dr. Alcena: (explaining the agreement):We gain some stuff. We lose some stuff.


Ms. Keenan: You’re saying there’s no —


Alcena,(interrupting): This is it. This is the deal.


 Keenan: You got that from on high?


Alcena: Yes this is it


Keenan: So we’ve wasted our time tonight


Alcena: No, because it has to be presented to you.


Keenan: (Shouting) Yes…definitely!


Alcena:  Mrs. Keenan, you’ve been in government a long time You know there is a process. (Unintelligible, conflicting voices) We lose some points, we gain some points. It’s not a perfect document. But this is the deal. Like it or not, this is the deal that was made. The lawyers for Verizon agreed to. Our lawyers agreed to. (Unintelligible)This is the facts. This is what the Verizon lawyers negotiated with us. This is what the lawyers for the city negotiated for us. This is what the Mayor agreed to. We are going through the process but this is it. I don’t want to say something that’s not real.


Keenan: Mr. Chairman, Mr. Chairman, I wish you would add  to whatever statement you’re going to make — the fact  that this group, if their opinion — and we can only give an opinion and we have no legal authority to vote up down or sideways — (on the agreement)  but if the opinion that we (the Cable Commission)  have was valued at all, we should have been shown the courtesy three months ago, that’s not over two years, to have a meeting with our attorney to tell us about — to ask us  to give us the document and say is there anything here  that you think ought to be looked at? Then we would have had an opportunity to say yes. And then we would have a month or two to have them come back to us and say you can or you can’t or what. That is the only kind of thing that makes this kind of meeting (tonight’s) sensible. And we didn’t do it.”


Alcena: Except from what I know of it, this was done at the very last moment. There was tough hard nosed negotiations… There was a lot going on in the background that I don’t know anything about… This was the deal that was negotiated…(Unintelligible, voices override) You’ve been in government, you know sometimes things are done behind closed doors, sometimes at 12 o’clock.


Keenan: That doesn’t mean we have to agree with it.


Alcena: I’m not saying you have to agree with it. I agree with it. You’re sort of like half way, half for it or not for it. Your points are very well taken. It’s going to the Common Council tomorrow night for a public hearing. By the 26th or whatever is the council (not clear) … The mayor has already commented on it in the newspaper, agreeing with it. The Mayor will not turn it down.


Keenan: Dr. Alcena, all I can say is, why didn’t you call us, and say, look, I’m sending you an agreement. This is what has been agreed to and this is it. Why didn’t you do that?


Alcena: The commission still has the right to go through this.


Keenan:) But For what? For what?


Alcena: This is the process.


(Then Dr. Alcena called the vote.)


 


Keenan: I am for another company in the city of White Plains. I am not necessarily for this franchise agreement.


(Laura Pinson, the only other member present voted for the agreement. Lecuona said she had too many questions, but was for competition in the city in cable television )


Alcena: 2 are for it, 2 are modified..


Keenan: Modified is not really the word


Keenan (summing up): We could get all the information in the world if we sat here for another 15 months  it wouldn’t matter that is the point.


Alcena: I agree with you.


It was asked by another member of the Commission, if the cable commission voted it down, if it would affect the agreement, Alcina said, “I doubt it.”


Present Status:


The promise of  as much as $228,000 to $240,000 a year in the $1 a subscriber income (split between subscribers Verizon’s FiOS-Tv signs up and Cablevision’s subscribers, is contingent on Cablevision agreeing to the same deal as Verizon has just done, which remains to be seen. Cablevision may comment at this evening’s public hearing.


Should Cablevision agree to a similar deal, they too may give the cable access television station $250,000 over 3 years in tech support, too. 


Councilman Dennis Power, in attendance, said he did not know the 90-day deadline date the council was working against by which the city has to accept or decline or modify the negotiated agreement.


Who gets free service?


During the course of the evening leading up to the realization that the White Plains Public Access Cable Commission had no real say in the matter, Mrs. Keenan  raised the issue of who determined that certain churches, organizations, institutions and private schools in White Plains would receive free Verizon FiOS TV service as part of the agreement. Mr. Kenny said this was determined by what buildings and institutions  currently received free cable from Cablevision.


 


According to the Verizon  draft agreement, in addition to city and public-owned buildings, those institutions to receive free FiOS TV, are: Stepinac High School,  Our Lady of Sorrows School,  Calvary Church, and Good Counsel Schools.  Kenny advised Ms. Keenan that was still an open issue and that if they wanted to discuss it they would have to go into executive session.


Asked by Keenan when it was decided those institutions had been singled out for free cable from Cablevision in the past, Kenny did not know the answer to that question.


300 Days time frame to Hook Up Public Access?


It was also questioned why it would take ten months for Verizon to provide Mr. and Mrs. White Plains with Public Access Television channels 75,76 and 77.


According to the agreement, Verizon promises one station to be available in six months from the date of the agreement being approved, another station in and the third station within 10 months.  Kenny explained that is still one of the open issues.


 


Members of the White Plains Cable Television Access Commission  attending the meeting were: Dr. Valiere Alcena, Mary Ann Keenan, Milagros Lecuona, and Laura Pinson. Absent according to membership roles on the city website were Reverend Lester Cousin, Reverend Everett Parker, and John Taddei. There are two positions vacant.

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Mayor Will Ask Albany to Increase Sales Tax to 2-1/2% Next Year. Budget: $155.5M

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WPCNR CITY HALL CIRCUIT. By John F. Bailey. April 3, 2007: Paul Wood, City Executive Officer, gave WPCNR a preview of the 2007-2008 City Budget today, saying that the new budget will total $155.5 Million, $1.5 million more than WPCNR predicted last week. Wood said the budget that will be presented to the Common Council Wednesday evening calls for  “a modest 7% increase in the property tax, and projects a $43 Million in sales tax collections for this current budget year.  Wood said the city is averaging $10 Million a quarter in sales tax, in a major policy initiative, said the Mayor would ask the state legislature to raise the city sales tax to 2-1/2%. The city budget will be presented for the first anywhere Wednesday evening.

 


Persons coming to park in White Plains will also pay more. Wood said the rate in municipal parking lots will go from 50 cents an hour to 75 cents an hour, and the street meter rate will rise from 75 cents an hour to $1 an hour There are no plans to raise parking fines, Wood said.


He said that the increases in the budget are in what he described as “direct user fee increases.” He noted that  300,000 persons come into White Plains a day, take advantage of White Plains services, and the direct user increases are a way for the city to be compensated for providing those services.


In a major policy initiative, Wood said Mayor Joseph Delfino would ask Albany to pass a home rule issue raising the city sales tax from 2% to 2-1/2% to bring White Plains up to the level of Mount Vernon, Yonkers and New Rochelle which currently enjoy a 2-1/2% sales tax. Wood said this would be requested in the current legislative session, to go into effect in the 2008-2009 budget year.


Wood estimated the extra ½% would bring White Plains and additional $10 Million in revenue a year to ease the property tax burden on White Plains citizens.  Based on projections, Wood reports the extra ½% would bring in $53 Million and more in sales tax in 08-09, should the legislature pass the home rule measure.


Asked by WPCNR is the city was considering any additional taxes, Wood said, the city was evaluating putting a city hotel tax in place. Asked if a commuter tax on those coming to work in White Plains, or an income tax on city residents was being contemplated, Wood said  they were not.


Wednesday evening, the Mayor is expected to give his annual State of the City Address at the Common Council meeting beginning at 7:30 P.M.


 By WPCNR estimate  a 7% increase in property tax by the Mayor would boost the city tax rate to about $142 per $1,000 of assessed value, meaning for the owner of a $700,000 home in the city would pay $2,623 in total property tax, an increase of $173.  


A 7.8% increase in city taxes last year bumped the city budget 5.2% and a 7% budget increase by the Mayor would likely bump the city’s “mystery budget” to approximately $154 Million compared to last year’s $146.3 Million. But, we must caution this is purely speculative on the numbers, though it would provide for 4% increases for all city unions  this year if the Mayor were to execute such an increase.


The budget traditionally does not state the salary increases being contemplated for the Common Council and select Administration figures, so WPCNR expects the budget will actually top $156 Million once the council agrees on what it is going to pay itself and what the Mayor feels his commissioners will receive in compensation in 2007-2008.

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