Adam In Albany: Raise Minimum Wage

WPCNR’S ADAM IN ALBANY. By District 89 Assemblyman Adam T. Bradley. February 14, 2004: The New York State minimum wage of $5.15 an hour is a slap in the face to hard-working families. A full-time minimum wage worker in New York earns only $10,712. Clearly, a higher minimum wage is needed to help families make ends meet. A hard day’s work should be rewarded with an honest wage.


 


The gap between the richest 20 percent and the poorest 20 percent of families with children is wider in New York than any other state. Increasing the minimum wage will not only help working families get ahead, it will also help spur the economy since those families will have more money to spend.


 


That’s why I sponsored legislation to increase the state minimum wage – to $6.00 per hour on October 1, 2004; $6.75 an hour on July 1, 2005; and $7.10 on January 1, 2006.


 


Currently, food service workers receiving tips have a minimum wage of $3.30 per hour. That would rise to $3.90 an hour on October 1, 2004; $4.40 per hour on July 5, 2005; and $4.65 an hour on January 1, 2006.


 


Our neighboring states like Massachusetts, Vermont, Connecticut and Rhode Island all have higher minimum wages than New York. In New York we have not raised the minimum wage since March of 2000.


 


The bill I’m sponsoring will also allow an employee to bring a wage and hour complaint, and give the commissioner of the state Labor Department access to wage and hour records in investigating alleged minimum wage violations.


 


Creating a livable wage will go a long way toward helping our neighbors who work hard to put food on their families’ tables. We must ensure that a person working 40 hours a week is able to support his or her family, and my legislation helps address this inequity.

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Louis Cappelli Acquires 240 Main Street, Corner Nook, Deli, Main Street Books

WPCNR MAIN STREET JOURNAL. By John F. Bailey. February 13, 2004: WPCNR has confirmed that Louis Cappelli, the Super Developer, has purchased 240 Main Street, across from City Hall in White Plains, the property adjacent to his City Center property. The property, long coveted by the flamboyant entrepreneur and single-handed orchestrator of the White Plains “Renaissance”, was acquired by him Thursday. The purchase was consummated after the two owners of the property had  reached a settlement of their longstanding legal dispute over whether Joshua Makanoff of CMC, had the right to sell the building.



ADDED TO THE CAPPELLI PORTFOLIO: Louis Cappelli’s acquisition of The Corner Nook Cafe, the Main Street Book Store, and a Delicatessen, (shown here in as they appeared in March, 2002), Thursday provide the Developer with the other half of his “gateway” to City Center. It also raised the possibility that the Super Developer was looking to acquire the rest of the South side of Main Street out to North Broadway, since Ridgemour Meyer and Ginsburg Properties had been looking to develop that corner. Ridgemour Meyer and Ginsburg Properties have been seeking to build a condominium and shopping complex on the former A & P property. Purchase price was not disclosed. Sources said the developer would comment further at next week’s work session with the Common Council on closing the Final Environmental Impact Statement hearings on his 221 Main Street project. Source said when asked if Mr. Cappelli was pursuing further negotiations with the Bar Building owner, said “No Comment.” Photo From WPCNR News Archives.

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Judge Nicolai Says He Will Judge Delgado Quo Warranto Case. Abinanti: Hold On!

WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. February 12, 2004: The Quo Warranto action begun in March 2002 by the New York Attorney General on behalf of voting machine jam victim, Larry Delgado, to remedy Mr. Delgado’s ill-fated run for Common Council in November 2001, moved forward this week.


 


Judge Francis Nicolai, the Ninth Judicial District Administrative Judge, decided he himself would handle the Delgado quo warranto case, and not have the court clerk assign it to a new judge, as moved by Mr. Hockley’s attorney.



CONSIDERING APPEAL OF NICOLAI’S TAKING THE CASE: County Legislator Tom Abinanti, attorney for Glen Hockley in the longrunning Hockley-Delgado disputed Council election of 2001 in White Plains, is exploring appeal options to get the quo warranto case filed for Mr. Delgado assigned to a new judge. Photo from WPCNR News Archives.




Thomas Abinanti, the attorney for Glen Hockley, said Thursday evening to WPCNR, he was considering appealing that Nicolai decision to take the case himself. Mr. Hockley has been serving as White Plains Councilman since March 15, 2002, when the Court of Appeals ruled against the Appellate Court call for a citywide election between the two, ruling Mr. Delgado’s only remedy was quo warranto action by the attorney general on behalf of Mr. Delgado.



THE PHANTOM COUNCILMAN: LARRY DELGADO:  The jammed voting machine in District 18 on the night of November 5, 2001, he feels, cost him 103 votes, and the Councilseat now occupied by Glen Hockley. The Attorney General is calling for Judge Nicolai to make a summary judgment to instate Mr. Delgado onto the Common Council and remove Mr. Hockley. Photo from WPCNR News Archives.


Mr. Abinanti is defending Mr. Hockley against the Attorney General’s quo warranto action, told WPCNR he is considering his options to appeal Judge Nicolai’s ruling.


 


Meanwhile, Jeffrey Binder, a legal strategist for Larry Delgado said the attorney general was preparing papers for the next phase, which papers he said would be filed in two weeks.


 


Attorney General “Judge Shopping.”


 


Abinanti told WPCNR Thursday night that, in his opinion, the Attorney General is “judge-shopping” by requesting Judge Nicolai handle the quo warranto action.


 


“We moved to ask to send this (quo warranto) case back to the Calendar Clerk for reassignment. We believe the rules of the court apply. We’re considering our options on how to appeal this Nicolai decision (for Nicolai to review the case) to the Appellate Court.”


 


Abinanti said “Where a case is related to another case, it may be assigned to a judge handling  that case, or related to an existing pending case to eliminate duplication of testimony and assure consistent rulings, and the expertise a judge might have. None of these conditions apply to this (quo warranto) case.”


 


Abinanti said the quo warranto is a completely separate new case, that should be randomly assigned because the original Delgado action against Mr. Hockley and the Board of Elections was thrown out by the Court of Appeals in March, 2003. Abinanti pointed out the quo warranto was filed eight months after the Delgado vs. Board of Elections case was decided.


 



MARCH 14, 2002: Glen Hockley, left, with his attorney, Adam Bradley, who successfully fought the Judge Nicolai and then the Appellate court ruling for a citywide election to the Court of Appeals and had it reversed by the state’s highest court forcing Mr. Delgado to request the Attorney General to mount a quo warranto action on his behalf. Mr. Hockley was sworn in as Common Councilman the next day, the Ides of March. Photo From WPCNR News Archives.


 


“The Attorney General is judge shopping, trying to dodge the appropriate procedure, demanding it be referred to Judge Nicolai.” Abinanti said. “This is why we want to go to trial. This is not necessarily a slam-dunk for Delgado. I don’t want to tip our strategy, but how sure are these people (103 persons who signed affidavits that they voted for Mr. Delgado, the crux of the Attorney General’s evidence)  that they really voted for Delgado?”


 


Summary Judgment Could Come Any Time.


 


Abinanti said he would be moving quickly to determine the way  to appeal the judge assignment decision by Nicolai, because he said, when the attorney general filed his final papers within the next two weeks, Judge Nicolai could rule at any time.


 


 

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School Budget Up 8.1%, Tax Up 8-9%. Salaries, Pensions, All Day K Drive It.

WPCNR SCHOOLDAYS. By John F. Bailey. February 12. 2004: The Annual Budget Committee was presented with the state of School District financial affairs Wednesday evening at Education House. Superintendent of Schools Timothy Connors and Assistant Superintendent for Business, Terrance Schruers did not sugarcoat the realities of the school budget for 2004-2005. 


 


They pegged the tab coming in at $145,540,666 Million, an 8.1%, $10.8 Million increase over the 2003-2004 budget, of $134,632,632.00, creating a tax rate increase of 8.1 to 9%, at this time.


 



THE ARCHITECTS, Superintendent of Schools, Timothy Connors, left, and Terrance Schruers, Assistant Superintendent for Business (with budget looming on screen), discussed the preliminary 2004-2005  School Budget. (They stressed the word “preliminary”). The pair noted that 50% of the 8.1% increase was do to fixed salary increases, and includes contingency coverage for settling the White Plains Teachers contract, expiring in June of this year. $85,981,697 of the $145,540,666 “rough cut” budget is for salaries. They indicated that the budget increase was not fixed, and held out hope for State leniency in pension fund “makeup” contributions. Photo by WPCNR News.


 


State Loses Shirt in Stock Market Casino. We Pay.



 


The other major driver of the  increase is a $4.2 Million rise in Fringe Benefits. A total of $1.9 Million, (almost half of the total fringe benefit hike) is the State Comptroller’s Office need to replenish the Teachers and Employees Retirement funds depleted by the Comptroller’s Office managing pension funds into severe losses in the stock market between 2000 and 2003.  


 


Connors and Schruers said in last week’s ABC Committee meeting, that there was the possibility the state legislature would ease that burden, indicating hope that this piece of the budget might gain some relief in the weeks ahead.


 


The other half of the Fringe Benefit increase is a 9.9% hike in Health Insurance costs amounting to 1,901,643.


 


All Day K Questioned. Staunchly Defended.


 


The other component making up the balance of the budget increase is the District decision to install All Day Kindergarten in all the elementary schools which will cost $1.2 Million for renovation of classrooms in 5 elementary schools and adding 9  Kindergarten teachers and 9 Kindergarten teaching aids . Connors said that portions of this cost may be made up for by state aid, and could lower.


 


This All Day K decision has created concern and sharp criticism from members of the budget committee, the majority of whom do not have young children (and have not had them for many years),  as to whether this was the time for the District to go All Day K across the board.


 


Class Size Carefully Evaluated


 


Several members of the Committee were concerned about growing class size in the Middle School, indicating that was where more teachers should be added, not All-Day K.  The School District added 7 teachers to the Middle School three years ago (in the 2001-2002 budget) in a concentrated effort to raise Middle School performance on the State Assessment tests.


 


Superintendent of Schools Connors noted that he goes over class sizes very carefully and expands class sizes based on careful allocation of personnel, and ability of classes to be managed. He disputed allegations that class sizes in the middle school had burgeoned, and said he would be glad to go over class schedules of students whose parents claimed their childrens’ classes were too large, and explain the thinking behind those student-teacher allocations.


 


Board Says All Day K Best Thing We Could Do for School Performance


 


Board of Education President Donna McLaughlin and Bill Pollack staunchly defended the All Day K decision because of the demonstrated value of All Day Kindergarten nationwide, and comments by national expert, Dr. Sharon Kagan. (See previous WPCNR article). Kagan is the district consultant who advised the Board of Education that the best place to invest new dollars is in the beginning years of a student’s career, and educated the Board on the proven benefits of an All Day Kindergarten program, based on findings nationally.


 


An impassioned Donna McLaughlin said “We have been talking about All-Day Kindergarten for years. It is the best way to address the Achievement Gap. Our parents want it, and the question is when do you do that.”


 


Salary Increases Built In.


 


Connors coolly handled comments asking for tougher negotiations with the teachers union for salary and benefits givebacks, pointing out that the District has to replace some 25 teachers in the district in 2004-05 and has to offer competitive salaries. “We know what we have to do to be able to do that. No one will ever be satisfied until all teachers limit their increases, pay for all their benefits and work until 6 o’clock.”


 


PILOTS will pay off more $$$ in 2005-2006.


City Assessments Info for 2004 Not Out Yet.


 


Connors and Schruers said PILOT payments are starting to come in to the District revenue pipeline, even though the City Center Project has not yet begun to contribute to district revenues on its PILOT (Payment in Lieu of Taxes) agreements. Schruers said that  keystone of the White Plains Renaissance would be in the revenue stream for next year’s budget.


 


Meanwhile Schruers said, $4.9 Million in new city project PILOT payments are contributing to the 2004-05 budget.


 


Several ABC Committee members suggested the city might be approached to give some aid to the School District in the form of sharing sales tax receipts. Connors had no reaction to that suggestion.


 


Schruers said that the City Tax Accessor has not given him figures yet for Total Assessments, however he said he expected that figure to be down, contributing to the 5% increase in the projected Tax Levy increase of 5%.


 


Tax Certioraris and Equalization Rate


Creates Need for a Contingency Fund.


$3 Million Bond Suggested to handle Certiorari Surprises.


 


As they alluded to last week, Connors and Schruers expressed concern for the district projected liability for settlement of tax certiorari claims by commercial properties claiming they are accessed too highly. This liability is projected to be approximately $8 Million. Schruers has proposed bonding for approximately $3 Million to give the district a cushion to handle major refunds.


 


Schruers noted that the $2.2 Million certiorari refund to AT & T last year on their two Hamilton Avenue properties, depleted the certiorari contingency fund to approximately $200,000. The District has a $3 Million bond in place to borrow against to pay certioraris currently, but propose to float a new bond of $3 Million to replenish against future commercial certiorari losses of the magnitude of the AT & T giveback.


 


The Tax Impact.


 


To put this projected budget increase into perspective. Look at your School Tax bill. If you own a  $500,000 to $600,000 home, you pay school taxes in White Plains of  approximately $4,870, meaning the projected tax rate of 10% translates into roughly a $487 School Tax increase, or $1.33 more you pay per day in 2004-2005. It should be noted that is $1.33 more in school taxes a day.

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