Welcome to Government, Mayor di Blasio!

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WPCNR NEWS & COMMENT. By John F. Bailey. January 11, 2014:

Come on.

The Associated Press report criticizing New York City Mayor William Di Blasio for eating pizza with a knife and fork, crosses the line.

It is uncalled-for. Amateurism in news judgment. I mean is there any news judgment today anywhere?

It is time the media started reporting news based on the facts again instead of gossip and their own personal opinion.

Of course, if the organizations and individuals being reported on told the truth and stated the facts as they know it in a timely fashion, this would help get out the real story. But they don’t.

It is time for the media to dig out and find news, source it, and interviewees go on the record, instead of reporters critiquing the handling of incidents and the behavior of officials in what purports to be news stories based on twits, tweeters, and rumor-mongers.

I mean how Mayor di Blasio eats his pizza – this is a matter to report on in a national wire service?

I am referring to the report on Mayor di Blasio eating pizza at Goodfellas in Staten Island with a knife and fork. Wow. I am shocked.

Everyone who eats pizza makes the call on how they eat based on the infrastructure of the pizza. The slightest miscalculation can ruin a shirt, dump hot cheese in most uncomfortable places, and ruin a date, night out, and put you on YouTube.

A thin crust pizza laden with toppings can be limp and tends, if you pick it up, to droop and not stay erectly and stoutly structured–with an avalanche of toppings gathering momentum in an unstoppable slide of mayhem.

The pizza eater is faced with the call – have tomato sauce, pepperoni, sausage, onions, peppers and mushrooms slide like an avalanche onto your tie white shirt and lap – or worse…if you are Senator Gillebrand – your bodice—or you can  take care of the first third of pizza slice with a knife and fork.

Contrary to being criticized, the fact that Mayor di Blasio demonstrated discretion, keen analysis of the pizza situation and its consequences if he made the wrong decision and attempted to bring it by hand to his mouth precipitating a pizza spill which could have gone viral – bodes a great mayoral term ahead if he makes all decisions with the clear-headedness, and sure-handedness in the Goodfellas pizza situation.

The Mayor also showed concern for the owners of the restaurant, sparing any possible lawsuits against the city of New York for  damages by reckless pizza management by a public official damaging to the restaurant reputation. The Mayor showed intelligent, superior legal knowledge of how every act of the big guy is scrutinized by the jackals of the press for the scraps of sensationalism that the Mayor appears well aware of that can color the tenor and shade of his Mayoralty before it is a week old.

The guide to eating pizza…whether to go for hands-on is the crust. A thick crust like Magnotta’s Pizza in White Plains – The Official Pizza of the White Plains CitizeNetReporter – much like a Bud Nicoletti parking lot provides the support the consumer needs – any caliber of pizza ordinance in any combination can be handled by the crust. It is stand-up crust.

Mayor di Blasio, obviously knows his way around a pizza.

Back  off, media and focus on what politicians do in conduct of their duties – not how they eat.

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13TH YEAR OF WHITE PLAINS WEEK REPORTING BEGINS– JANUARY 10TH EDITION NOW ON THE NET

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THIS WEEK ON WHITE PLAINS WEEK:

JOHN BAILEY AND PETER KATZ

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ON 

THE WEATHER

THE MAINTAINING OF THE GUARD — SWEARING IN THE USUAL SUSPECTS

THE TROUBLE WITH THE VIDEO SURVEILLANCE ORDINANCE

WHAT KATZ AND BAILEY WOULD DO IF THEY WERE ELECTED TO THE COUNTY LEGISLATURE

INCOMPLETE REPORTING ON THE WHITE PLAINS HIGH SCHOOL NOTE PASSING INCIDENT  UNFAIR TO SCHOOL DISTRICT.

SEE THIS WEEK’S SHOW NOW at

www.whiteplainsweek.com

“THE TRUTH AND NOTHING BUT THE TRUTH.”

This week on

PEOPLE TO BE HEARD

PETER KATZ AND JOHN BAILEY

INTERVIEW

BUD NICOLETTI 

WHITE PLAINS COMMISSIONER OF PUBLIC WORKS

FOR 29 YEARS

ON SNOW WRANGLING

THE ONE-ARM GARBAGE TRUCKS SAVINGS

AND WHAT’S AHEAD

MONDAY AT 10 P.M. ON CHANNELS 45 AND 76

 

 

 

 

Governor Andrew M. Cuomo’s State of the State 2014

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WPCNR FOR THE RECORD. From the Governor’s Press Office.January 11, 2014:

The following is the transcript of Governor Andrew M. Cuomo’s State of the State Address delivered in Albany this past Wednesday:

GOVERNOR CUOMO’S 2014 STATE OF THE STATE ADDRESS

Thank you. Thank you, thank you very much and Happy New Year to all of you. First let’s start by giving Pat a big round of applause for coming up and sharing his story. And Abbey thank you very much and thank you for what you do teaching our students. Let’s give Abbey a round of applause. To the great master of ceremonies for today, an outstanding Lieutenant Governor, a great public servant, he has been all over the state for three years; nobody works harder or better than Lieutenant Governor Bob Duffy. Let’s give him a round of applause. Our great Comptroller and former member of the New York State legislature, Tom DiNapoli, a pleasure to be with you. Attorney General Eric Schneiderman who is doing a fantastic job for the State of New York, a pleasure to be with you Attorney General. They were introduced already, but I cannot over emphasize the cooperation the partnership of the legislative leaders, we have had a great three years. It would not have happened if these individuals did not do what they did individually and work together the way they did and as a personal point of privilege, I want to thank them for their kindness that they have shown me. Senate Leader Dean Skelos, Speaker Sheldon Silver, Independent Leader Jeff Klein. We are also pleased to be joined by Assembly Minority Leader Brian Kolb and Senate Minority Leader Senator Andrea Stewart-Cousins, a pleasure to be with you. To the members of the court, Chief Judge thank you, members of the court thank you very much for being with us and thank you for your good service. To Governor David Patterson, number 55, let’s give him another round of applause. Thank him for his good service. And again Happy New Year to all of you, I think it is going to be a year that is going to be a banner year for the State of New York and that is what I would like to speak to you about today, where we go in 2014. But there is an old saying, that before you don’t really know where you are going, until you know where you have been. And we should start this year with a look back when we first joined in this hall three years ago.

The State of New York was in trouble and New York State government was literally a joke at that time on late night TV. It was about scandals, it was about indictments, it was about dysfunction. But even worse this was not about a momentary lapse. These were fundamental structural problems that had been going on and growing for a long time and were now coming home to roust. It started with the simple fact that the state spent too much money. The state spent more money than the people in this state earned. And it did it not just for one or two years but it literally did it for over sixty years. And if you spend a lot then you are going to have to tax a lot. And we taxed a lot. And as a result our taxes had become the highest in the nation and we were paying a price for those high taxes. People in businesses were leaving the state. On top of that, for decades, Albany had become a poster child for gridlock. Long before Washington D.C. put gridlock on the front pages, the story in Albany was gridlock. And it always happened at the time of the budget. Why? Because that is where the money is and it was late over a thirty year period for twenty three years we had a late budget. The average late budget was fifty days.

New York State had lost its way. We were spending more money and we were actually getting less results for the people who we were supposed to be serving in the first place, because the government had become more concerned with special interests and their contributions than the people and their problems. And these governmental failures were not in an abstract, it wasn’t just in the government course. They had real negative effects and the people of the state were suffering. 852,000 people unemployed, the largest number since the great depression. Property taxes, the highest in the country. Upstate New York was in free fall. We were on the precipice of an abyss. The state’s future was hanging in the balance, literally. And the cynics and the naysayers said that we were too far gone. And there was no way we were going to turn the ship of state around. But we knew that fortune favors the bold and that New Yorkers if anyone know how to beat the odds. We set our sights high; we said we were going to restore our economic opportunity to the state of New York. We said we were going to replace dysfunction with results. That we were going to put people before politics and we were going to reestablish New York of the progressive leader of the nation once again. We stopped talking and we started doing. And in three years my friends, you have reversed decades of decline and made dramatic and undeniable progress. For the first time in modern political history the state has real fiscal discipline, we have held spending to 2%. For the first time in forty years, spending is below the rate of inflation and below the rate of growth of personal income. And because we spent less, we could tax less and we did. Every New Yorker pays less income taxes today than the day they did three years ago when we started this journey.

We now have the lowest middle class rate in over sixty years and we don’t have just lower tax rates, we have a fairer tax code. We went from a flat tax in the State of New York, where everyone paid the same income rate, regardless of how much income they earned to a graduated rate which is much more fair for the people of this state. After twenty years of trying we passed the state’s first property tax cap. And for the first time in thirty years, we broke the gridlock that had plagued Albany and we passed three on time budgets in a row. After years of false starts we instituted a real teacher evaluation process that focuses on performance rather than merely growing the bureaucracy. After thirty years of talking we passed casino gaming which will bring a new economic future to parts of this state that have been suffering for too long. After decades of conflicts, we renewed our spirit of partnership with the Indian nations across this state and let’s take a moment to recognize the nation representative Ray Halberdier from the Oneida nation of New York. Ron La France of the Saint Regis Mohawk, Beverly Cook of Saint Regis Mohawk and Mike Kimelburgh of the Seneca nation. Thank you and thank you for being with us today, thank you.

We said we would make New York Safer and we did. We passed common sense gun reform with the New York SAFE Act. We established an all crimes DNA database. We enacted tough new texting while driving laws. We said we would make New York Healthier and we did. We provided health insurance to more than 265,000 New Yorkers through our health exchange and it worked and it worked well. We said we would make New York cleaner and we did, opening a $1 billion Green Bank and adding more money to the environmental protection fund. We said we would make New York smarter and we did. We expanded full day Pre-K, incentivized performance through master teachers and launched SUNY and CUNY 2020. We said we would make New York fairer and we did. We raised the minimum wage, we closed juvenile justice facilities, we opened the justice center and we passed marriage equality.

The proof is in the pudding and the arrows are pointing up, we added 380,000 new private sector jobs since 2010. New York is now ranked number two in the nation in number of jobs created since the recession and today as we sit here we have more private sector jobs in the state of New York than ever before in the history of the state of New York. Exports are up 15% our ratings are up from all three agencies at a time when the rating agencies are downgrading governments all across this country. All three rating agencies have a positive outlook for the state of New York. And because jobs and exports and our ratings are up unemployment is down in every region of the state of New York. We have given New Yorkers a government that costs less, taxes less and actually does more for the people who are in need.

The progress is not just in the numbers. You can feel it in every region in our state. In the lower Hudson they will tell you about the New New York Bridge that is rising after 20 years of talking and in Utica they will talk to you about the new future of nanotechnology. Even the two regions of the state that needed the most help three years ago, Western New York and the North Country; they are different places in just three years. Western New York is in the midst of an exciting transition. The republic steel plant that closed in 1984 which was the symbol of the low point of Buffalo today is the same site where RiverBend is rising. A new R&D clean energy plant that is going to provide hundreds of jobs in Buffalo. There are even sightings in the Buffalo sky of a species long thought to be extinct in Buffalo, cranes. They are flying once again in the Buffalo sky. Buffalo News editorial, from this past New Year’s Eve, couldn’t have said it any better. “In Buffalo for decades the norm has been a glum acceptance that we live in a second rate city with a fourth rate economy and there was nothing to do about it but moan. Over the course of a year or so the pale has lifted and Western New York is starting to regain confidence in their city and the direction in which it was headed, it qualifies as the story of the year, maybe the story of the decade.” Congratulations to Mayor Bryon Brown, congratulations to County Executive Poloncarz to Howard Zemsky to Satish Tripathi who have done great work. In the North Country it is the same thing, the North Country was long ignored by Albany but there is a new economic live that Trudeau Institute is an emerging world class biotech hub, there is going to be a new hotel on Saranac Lake. Bombardier state of the art railcar facility in Plattsburgh is going great guns. The North Country has a new future. And let’s give them a round of applause for their turn around.

Three years ago, the Capitol was literally and figuratively crumbling. Today it is shining brighter than it has in decades, you cut that ribbon on that new Capitol and you should be proud. We did what we said we would do and as elected officials there is no statement that makes you prouder to say when you can look at the people of this state and say we did what we said we would do, we changed the direction of this state for the better and we have and congratulations to all of you and let’s take a moment to recognize once again, Senate Majority coalition leader Dean Skelos, Assembly Speaker Sheldon Silver and Senate Leader Jeff Klein. Please stand gentleman so we can give you a round of applause.

Now we have much more to do, but we are energized by a new strength, a new pride and a new confidence. And let us build on that record of success. For New York State, job one is jobs. Our statewide job growth strategy starts with a top-down reducing tax theory our financial restructuring of the state has actually paid off. When we were here three years ago, we were looking at a $10 billion deficit, it was historic. And it made us all quake in our boots. I know it did for me. We have gone from a $10 billion deficit to a $2 billion surplus in just three short years. This year within the two percent spending cap, we can increase our investments in education, healthcare, economic development and still provide more tax relief. We empaneled a bipartisan Pataki-McCall tax relief commission which did good work; they made the basic point that the state has no economic future as the tax capital of the nation. People move and businesses flee. So let’s continue to make our state more competitive, let’s cut more burdensome business taxes, New York’s corporate tax rate is currently 7.1%, let’s cut it to 6.5%, which would be the lowest corporate rate since 1968 and really send a strong signal to business saying this is a different day and we are doing it a different way. Let’s pass a manufacturers tax credit for 20% of the firms property tax liability. New Yorker is one of only fifteen states an estate tax and our exemption levels are among the lowest and our rates are among the highest. Let’s eliminate the “move to die tax” were people literally leave our state, move to another state to do estate planning. We propose raising New York’s state tax threshold and lowering the rate to put it into line with other states. We also need a renter’s tax credit which would help New Yorkers afford the ever increasing housing costs that they are experiencing. And a Circuit breaker which is a property tax credit to help low and middle income New Yorkers based on their ability to pay.

The Pataki-McCall Commission recommended a freeze on property taxes for two years to help home owners and to incentivize local governments to reduce costs. A property tax freeze, but only if two important conditions are met. Year one, the locality stays within the two percent cap and in year two the locality takes concrete steps to reduce their costs through shared services and or consolidation. Because while we are reducing taxes my friends we also have to tackle a major structural problem which is the proliferation and expense of local governments. The main tax burden in New York State is not the income tax, it is the property tax. We raise about $40 billion per year from the income tax and we raise $50 billion from the property tax. And that is the tax you will hear New Yorkers complaining about from one end of the state to the other. As a matter of fact no matter how you look at it, New Yorkers don’t just pay a high property tax; they pay the highest property tax in the United States of America. Literally, the highest property tax in the country is in Westchester County in absolute dollars. When you look at by percentage of home value, the highest costs are in upstate New York, literally in the country. So why are our property taxes so high? Because we have too many local governments and we have had them for too long.

10,500 local governments, these are towns, villages, fire district, water district, library, sewage district, one district just to count the other districts in case you missed a district. We have a proliferation of government that is exceedingly expensive and costly. Now the state has been very aggressive in trying to alleviate the burden from local governments. We have assumed more local costs than the state government has ever done in modern political history. We assumed a $1.2 billion cost of the Medicaid growth. We are funding $700 million in aid to localities, the Tier VI pension reforms makes a major difference for local governments. We also offered local governments that are functionally insolvent financial assistance if they worked with our financial restructuring board. When I was Attorney General, first of all I looked much younger when I was Attorney General. We actually passed a law that made consolidations easier for local governments. Since we passed that law how many local governments have actually consolidated? Tom Libous gets it, two.

It is time to stop making excuse it is time to start making progress if the locality wants the state property tax credit it must perform. We have seen that linking state funding to performance works. Remember when we did the teacher evaluations the first year and we asked every district to complete teacher evaluations we basically had no compliance. Year two we linked the teacher evaluations system to a four percent increase in education and we had near unanimous approval we believe that linking the assistance to performance is going to make a difference. And there is a ray of hope because there are local leaders who are stepping up to the plate and I would like to take a moment to recognize the great Onondaga County Executive Joanie Mahoney and the Mayor of Syracuse Stephanie Miner who are working together. They are working together to see if they can achieve consolidation and shared services between Onondaga county and the city of Syracuse. We wish them well and we hope other leaders follow their example because that is exactly the right course. Thank you very much County Executive and thank you Mayor.

Second we need to eliminate the regulatory barriers we all agree eliminate any regulatory barriers that we can that are barriers to business growth. We have talked about it for many years; the Senate has held hearings the Assembly has held hearings. Let’s join together and create a join commission do it together and lets pledge to stop talking about it and actually get it done this session, drop the regulatory barriers that are stopping businesses from growing in this state.

Third we have to rebuild our infrastructure because we need a 21st century infrastructure to build on. Our airports are the gateways to New York for nearly 50 million people a year. Vice President Biden was here yesterday talking about how countries all around the globe are developing their airports with sophistication and hospitality suites. Even our nation is doing a good job overall and updating its airports. Unfortunately that state of New York has fallen behind. LaGuardia airport is ranked as the worst airport in America believe it or not. That is a disgrace my friends and it is unacceptable and it is going to change. We need to modernize JFK and LaGuardia; we have talked about it for too long. We will assume management responsibility from the port authority for construction at JFK and LaGuardia airports. We will do what we did with the Tappan Zee Bridge; we are going to step in stop talking about it. Get the government to work and we are going to redevelop those airports the way they should have been redeveloped many, many years ago and make us proud of that gateway once again.

We are going to expedite the building of our energy super highway; we still have a problem getting low cost clean renewable power up from downstate to upstate which is costing rate payers $600 million a year. It can take up to two years believe it or not to get a new transmission project approved and some of the proposed projects are causing concerns by expanding into local communities. Let’s incentivize smart projects that locate within state owned or existing transmission right of ways so that they are not interfering or spreading into local communities and lets offer those smart projects and expedited approval process which will cut the time from two years to ten months if they do it smart. It is a win-win for upstate which needs the economic growth and its rate payers for downstate New York.

The second part of our economic development strategy has been a bottom-up approach through regional collaborations. Our regional economic development councils are working, they are the core of our jobs agenda, the proof is in the pudding and it is all across the state. Let’s do another round of the REDC’s, a fourth round because let’s build on what is working in this state. And working with local communities on a regional basis is working and we have to do more of it. Last year we launched Start-Up New York, there is nothing like it in this country. It makes New York the least expensive place in the United States to locate a business. It took our reputation of high taxes and antibusiness and flipped it 180 degrees with passing just one program. Businesses nationwide are already expressing interest in Start-Up New York; we want to take it to the next step and let’s start to globally market Start-Up New York because I believe we can literally have companies coming from overseas to this state because of the Start-Up New York program and if we market it, that will happen. We want to hold and international conference at the Javits Center to introduce executives from overseas to the Start-Up New York program and all the assets and beauty that this state has to offer. I also want to recognize at this time, Mr. John Mack, who is the former CEO and Chairman of the Board at Morgan Stanley he is a great financial mind, he is a leader in the business community and he has, John Mack has been generous in volunteering to the state on financial matters at large but also to help market the Start-Up New York program and his credibility is a tremendous asset when marketing New York and marketing Start-Up New York. Let’s give him a round of applause, Mr. John Mack.

Three years ago we said we would focus on Upstate New York, why? Because the Upstate economy lags not just the New York City economy, not just the rest of New York State, but it lags nationwide. Literally over a ten year period when the nation was growing at 9%, upstate New York was growing at just about half the rate of the country. And this is a problem frankly my friends that we ignored for too long and upstate New York then entered a downward cycle. Where they lost economic power which caused a depopulation of the area which caused the loss of political power which caused the loss of governmental help which then caused more economic power to be lost. And upstate New York has been in that cycle not for one year, not for two years, for ten, twenty, thirty years. The notable exception was quite frankly in the Capital district and Nanoscale where the state made a significant contribution and with some real talent from Dr. Alain Kaloyeros, literally generated an entire industry, but it shows what the state could do when the state invested but the state, besides the Capital district in many ways forgot the rest of upstate New York and we said we were going to change that and reverse it and we did and it is already paying dividends and we want to do it again and we want to start it with taxes.

Let’s go to the upstate manufacturers because we need manufacturing jobs in upstate New York and let’s cut the corporate tax in upstate New York to zero all across upstate New York, period. Why, because you cannot beat zero my friends and it is a competition we have taken our tourism efforts to a new level, so far we invested $40 million in our marketing campaign. And our investment is paying off; tourism spending is up year to year, $4 billion, believe it or not. It is twice the national rate of growth, tourism jobs increased by 25,000 which is also twice the national rate of growth. We want to redouble our tourism efforts we need the activity in upstate New York. And in upstate New York seeing is believing. If they visit, they will visit again, if they visit they enjoy it, it is just a matter of exposure because once they come, they are hooked.

We propose one stop shop licensing a new New York State venture license to help promote tourism. Where you can go to one portal, the department of motor vehicles and you can apply for all of your licenses and they will literally be presented on your motor vehicle license rather than having to deal with a lot of agencies and carry a lot of paper. That happens to be our commissioner for the Department of Motor Vehicles Barbra Fiala who is doing a good job; it is a pleasure to recognize her. I did not know that Barbra was a trapper and a muzzleloader however but even better. Let’s give her another round of applause. On this quest the state will open up fifty previously closed state owned lands so there will be more opportunities for hunting, fishing and boating for both in state people and tourists who come from out of state.

We are going to launch a whole new signage campaign on our roads, promoting the assets of New York, organized into three campaigns. The path through history campaign, the I love New York attraction campaign and the taste of New York Food and Beverages. You will see these signs on the roads literally in the next few days. These campaigns link online to all those attractions in that particular area, all along the thruway and all along major routes. The goal is to get people who are on the roads off the roads and into communities and fostering and promoting the economy of the state of New York.

Last year I invited some of you to participate in the Adirondack Challenge at this speech, at this time. Most of you accepted the challenge. We had the new guys, who came proudly. WE had the tough guys who came. We had Butch Cassidy and the Sundance Kid who actually made a guest appearance. We had the Thelma and Louis’s raft, which was a highly competitive one. We had the odd couple raft and we had the city slicker raft. We had the master rafters, or at least people who thought they were master rafters. That is embarrassing Larry. But two important people were missing and we put out an all point s bulletin because we were very concerned when they weren’t there. We expected them to be there, we were hoping that they would be there. We were sure they were there and therefore when they weren’t there we were very concerned and did what we were expected to do. We were later happy when we found out they were at least okay and in a new spirit of bipartisanship and cooperation and taking it to new heights. Speaker Sheldon Silver and Senate Leader Dean Skelos, since we know that something pressing must have come up because they would never just on a random fluke miss a pressing competition, we are giving them a second chance and a second challenge this year it is the 2014 bass master classic. It is the governor’s challenge, it is August 21st, it will be held on Owasko Lake. I once again hope that Dean Skelos and Sheldon Silver and Jeff Klein are there for the competition it will be all in good sport but I hope that they are there and you are all invited. Let’s have some fun and promote some tourism. I will see you there.

Our casino plan is already generating great interest we said we believed it would and it is. Our challenge now is to make casinos a reality make it happen, make it happen fast and make it happen correctly our current plan is March 2014 for the RFP to go out, bids come back in June and we hope to make the selections in early Fall. The casinos are going to be run by the gaming commission and the chairman of the gaming commission, which is an appointment by me, is going to be Mr. Mark Gearan who is the president of Hobart and William Smith Colleges. He is great academic, he the former director of the Peace Corps. He is a model of civic engagement he has done a great job at the university and it is a pleasure to have him and we thank him for taking the time to take on this important obligation. Mr. Mark Gearan, thank you very much.

Our target investments in public and private partnerships are working we want to keep the momentum going with a second round of the yogurt summit, the regional beer wine and spirits summit, the tourism summit, the path through history summit. We want to add this year a summit, an agricultural summit to help connect upstate producers with downstate consumers. I believe there is a very interesting market that could be developed and we want to do our best.

The Buffalo Billion is working it really is working better than I think anyone could have anticipated we want to take the next step and local the genomic medicine center in western New York. Genomic medicine is the next frontier in modern medicine and we believe we can lead the way. We want to create a genomic medicine network partnership among UB and the medical corridor, CNSCIT, the New York City Genome Center. It is creating hundreds of jobs and an entirely new industry for western New York so let’s get at it. In the North Country the proposed route 98 could reduce travel time and speed up commerce, let’s see if we can make it a reality, we have been talking about it for years. Let’s get DOT to take the study and see if we can make this project happen. That is our focus on upstate New York; you can see it is comprehensive from tax credits to tourism to casinos to targeted investments to Buffalo and Route 98. It has been an important priority it is paying dividends and we are going to keep it going.

But whether it is upstate of downstate, the best long term economic development strategy is to have the best education system in the world, period and that is our focus. We are in the midst of an education reinvention. Replacing a 1950’s bureaucracy with a 2020 performance organization, we formed the new New York education reform Commission headed by Dick Parsons, they have done extraordinary work; they have called for a full day Pre-K, extending school days and for performance pay. The next step now in our journey is to reinvent our classrooms with new technology. We must transform our classrooms from the classrooms of yesterday to the classrooms of tomorrow. Experts said that technology would be the great equalizer, they said that the information superhighway would be a democratizer of education and that is correct and they are right. If you are on the information superhighway, but if you are not on the information super highway it could leave you behind at 100 miles per hour. And there are great disparities in education, at some schools there are children who are on the internet. Some schools don’t even have a basketball net. There are some schools with sophisticated new computer systems in the first grade. There are some schools where the most sophisticated piece of electronic equipment is the metal detector that you walk through on the way to the classroom and that is just wrong in the state of New York.

We can do better, we must do better, we will do better, lets invest in the future, lets reimagine our classrooms for the next generation, let’s have the smartest classrooms in the nation because our children deserve nothing less than the best. Let’s go to the people of this state, let’s be bold, let’s go to them in November with a bond referendum with a smart schools initiative lets invest $2 billion in providing the technology of tomorrow today to bring our classrooms up to speed. What this new technology means, it means that every child learns that his or her own pace. The students get the skills they need to succeed within the 21st century economy, the y have access to advanced courses, parents and teachers can communicate and teachers can access the assistance and training that they need. It is not going to be about growing the bureaucracy it’s going to be about helping students. It is going to be used for equipment such as laptops, desktops, tablets, infrastructure upgrades and high speed broadband. There will be strict eligibility for the use of funds and each district must submit a technology plan for approval by the state. And while we remake our class rooms for tomorrow, we must get young minds engaged as early as possible. In 2013 in the State of the State, we called for expanded full day Pre-K. The assembly has long championed the same. It is time for New York State to have universal full day Pre-K statewide.

Quality teachers are the backbone of our education system and let’s recognize and welcome our master teacher Abbey Albright who did the introduction and for being here today, thank you again Abbey. We are going to continue the transformation of our system and reward performance by creating a teacher excellence fund. It is going to be the first statewide teacher performance bonus program that actually rewards performance for teachers and incentivizes teachers who perform well. Teachers who are rated highly effective on their evaluations, which is the highest statewide rank, would be eligible to receive $20,000 as a bonus, in performance pay, which is on average 27% of their salaries. You want teachers who can perform and do perform? Then incentivize performance with a performance bonus and pay them like the professionals they are.

When it comes to higher education our SUNY 2020 and CUNY 2020 reinvestment and capital programs are working, we want to continue them for a second round the future of the economy is in STEM jobs, we should be incentivizing our education system to fill those openings we want to provide to the top ten percent of high school graduates full scholarships to any SUNY or CUNY school if they pursue a math of science career and agree to work in the state of New York for five years.

After Superstorm Sandy, Irene and Lee, the New York State as we know it faces a different reality, we had more storms this year in the central part of the state and for government officials it is and entirely new challenge. County Executives, Governors, Mayors were accustomed to dealing with the matters of cities and states but this, this really is a challenge that no one can be fully prepared for. Luckily we have extraordinary elected officials in the state of New York and we have extraordinary County Executives who I have had the pleasure to work with through these storms and I would like to at this time recognize Suffolk County Executive Steve Bellone, Nassau County Executive Ed Mangano, Oneida County Executive Anthony Picente for really working above and beyond the call of duty and doing extraordinary work for the people of their counties, thank you gentlemen.

After what we went through we literally have to reimagine New York because all the rules all the theories are out the window and it is now through the experiences, reimagining how New York should be built. Because extreme weather in many ways changes everything. First we want to start by installing the nations most advanced weather detection system here in the state of New York because early detection will literally save lives and we haven’t been getting the correct information early enough. The State will embark on putting in the most sophisticated weather detection device ever installed by a state. We are going to establish the nation’s first college on emergency preparedness and homeland security. Believe it or not there is no such college, there are colleges that offer courses in the area but we are going to establish the nation’s first college dedicated solely to emergency preparedness and homeland security because I believe this is a field that is only going to grow. Unfortunately, it’s only going to get worse and we want this college right here in the state of New York training our people and training others from around the country. We’ve recruited Ray Kelly to be a special advisor to the State in setting up the school. Ray Kelly has phenomenal experience in counter-terrorism and homeland security, and we’re honored to have him.

We’ll create a citizen responder corps to train our own citizens. We want to train 100,000 citizens in the state of New York by year’s end so people know how to provide services in their own home for their own family and then they can be helpful on their own block and in their own community.

We have to totally harden our transit system. When we built the New York City transit system we didn’t envision floods that could fill the subway system. The tunnels are open, the subway entrances are all open, and in a situation like Sandy that just created tremendous flooding. We now have to re-imagine the subway system where you can close all of those openings, and we’re going through that with a $5 billion massive plan. That picture is of an experimental inflatable plug that is inflated to plug a subway tunnel to keep the water out. We will open a new spur for the Metro-North Railroad to provide more resiliency and direct access to Penn Station, which will also at the same time build four new stations to bring transit options to the Bronx.

We will repair and replace over 100 bridges in Upstate New York with new state-of-the-art bridges that are designed to maintain their structural integrity, given the floods that we’re dealing with. The totality of our reconstruction program is over 100,000 projects costing over $16 billion. It is the largest reconstruction program the State has ever undertaken, believe it or not. And it is thanks to our federal partners, it’s thanks to the Congressional delegation that helped us get a $60 billion supplemental after Hurricane Sandy, so we have the funding to do it. And it is also thanks to an extraordinary gentleman; an extraordinary New Yorker who is the HUD Secretary, but he was a New Yorker first; and he has been a great partner to New York. He is the person who led the federal government’s inter-agency task force and he is here with us; let’s give a big round of applause to thank Shaun Donovan for his partnership.

But, my friends, even with all of that we still have more to do. We have to make New York healthier. Research suggests that medical marijuana can help manage the pain and treatment of cancer and other serious illnesses. 20 states have already started to use it. We’ll establish a program allowing up to 20 hospitals to prescribe medical marijuana, and we will monitor the program to evaluate the effectiveness and the feasibility of a medical marijuana system.

New York also means justice for all. Governor Paterson increased the MWBE contracts to 10% – the goal for MWBE contracts, and we applaud him for that. In 2011 we set an ambitious MWBE goal, doubling that to 20%. I’m pleased to tell you that we actually beat it this year, and have exceeded the goal of 20%. This year we will focus on certifying more companies, more MWBE companies so we can even create more jobs. There are other New Yorkers who we can help in this way. Disabled veterans showed us their loyalty; we must show them our loyalty. Let’s set a goal of 5% in the awarding of state contracts to disabled, veteran-owned small businesses. We will host a summit this spring to find ways to make this goal a reality.

Our New York Youth Works program that we started last year has helped 13,000 inner city youth find work. Unfortunately, the unemployment rate is still 40% for inner city youth. There is still more to do, we want to extend the New York Youth Works program, extend the length of the tax credits to businesses to create more jobs and provide job training through a job linkage program. Let’s get these young people working, let’s get them a future.

Affordable housing is a crisis. Homelessness is growing. We’re going to increase our commitment by investing an additional $100 million in building affordable housing. This country set in 1949 as a goal, a decent home and a suitable living environment for every American family. That was 1949. It still hasn’t become a reality. In 2014 every New Yorker deserves a clean, safe, decent place to live, and let’s make it a priority for this state government by putting $100 million more into affordable housing.

We have good news on the criminal justice front. The good news is crime is down and our prisons have fewer people in them. We are reducing the madness of an incarceration society and ending a system of unnecessary human and financial waste. And now we have eliminated 5,500 prison beds. Yes, you should applaud for that. The bad news is there is a revolving door where 40% of the people who are released from prison wind up back in prison. We need to provide the reentry support and services like job training and access to key services to ease that transition into mainstream society. Reducing recidivism means less crime, it means safer communities, it means fewer taxpayer dollars spent on incarceration. Let’s stop the revolving door once and for all: let’s create a reentry council that brings together all the state resources and coordinates them so we make those transitions effective and lasting.

Our juvenile justice laws are outdated. Under New York State law, 16 and 17 year olds can be tried and charged as adults. Only one other state in the nation does that; it’s the state of North Carolina. It’s not right, it’s not fair – we must raise the age. Let’s form a commission on youth public safety and justice and let’s get it done this year.

Last year we proposed a ten-point women’s equality act agenda. Why? Because discrimination against women is very much alive and well. Since last year, nothing has changed. Discrimination against women still exists. It’s just been another year when government has failed to act on behalf of women. Stop playing politics with women’s rights and pass the women’s equality act this year.

47,000 drivers with three or more drunk driving convictions are still on the road. Think about that as you drive home tonight. It’s absurd. Let’s change the law: anyone convicted of drunk driving two times in three years should lose their license for five years, and three strikes and you’re out and you are off the road, period.

There is an old Italian expression: we grow too soon old and too late smart. For young drivers, a cell phone can be more dangerous than a bottle of alcohol. For teen drivers, texting while driving creates more fatal accidents than drinking while driving, believe it or not. 77% of young adults say that they can text and drive safely. They’re wrong. Let’s continue to crackdown on texting while driving. If a teenager is caught texting while driving, they should lose their license for one year. Let them learn this lesson. They are our sons and our daughters and let’s save lives. I’d like to at this time recognize Ben Lieberman and his family. Ben and his family lost Evan, a 19 year-old who was killed in a car accident when the other person was texting and driving. They have taken that pain and turned it into a positive by being ferocious advocates to change these laws and inform teens. He’s been advocating all across the state and the country, let’s give Ben Lieberman a round of applause.

Last year I appointed a Moreland Commission to investigate public corruption. There is a disagreement about the need for more ethics reform. I understand that. The argument by some members of the legislature is that we created JCOPE and that should solve the problem. But there has been a string of bad acts, almost on a daily basis. Open up the newspaper, even today, and you see more and more stories of individual legislators who have done bad acts. And it reflects poorly on all of us, because people don’t distinguish. It’s an Assemblyman, it’s a Senator, it’s a Democrat, it’s a Republican – it’s just a politician. It’s just a politician who works in state government. That’s all they hear and that’s all they know. And it reflects on all of us. ‘I didn’t do it and it’s not my problem,’ – no, it is a problem for all of us and it goes to the essence of what we are all trying to do. Ethics reform is an acknowledgment of the problem and an acknowledgment that we need to fix the system. Ethics reform says to the people of the state: ‘yes, I saw the news articles too, and it bothers me and I’m troubled by it, and we’re going to pass ethics reform because we’re going to change the system. Because we understand your concern that there seems to be a pattern of these repeated instances of bad acts.’ That’s what ethics reform is. That’s why I was arguing for ethics reform last year, and that’s why I’m arguing for ethics reform this year. I propose new anti-bribery and corruption laws, public financing of elections, independent enforcements at the board of elections, and disclosure of outside clients with business before the state.

But I believe we must act. Why? Because when government has the public trust, government has the capacity to do good work. Some have suggested that the Moreland Commission or ethics reform suggests that I don’t believe in the legislature. It actually is the exact opposite. I do believe in the legislature. I do believe in this. I do believe in us. I do believe in New York State government. I do believe in our capacity, and I don’t want to see it limited. Government is limited by the lack of trust, and the more trust, the more capacity. This is working. We went through all of the stats on the progress of the state. We have done what we said we were going to do. We’ve turned the state around. We’re balancing budgets, we’re working together, we put the politics aside. We come into the chamber and we’re not Democrats or Republicans – we’re New Yorkers and we’re working for New York. That is working and we have accomplished great things and I want to see us do even more together. I believe that the more trust we have from the public, the more we can do. I believe it’s like fuel for a rocket. If we have the trust of the people and they’re watching us perform and they’re seeing this state move then there is nothing we can do. I don’t want to see any limit when we have so much more to do. Look at the agenda we outlined today. We have to rebuild the entire state after Sandy and Irene and Lee, with a whole new vision for resiliency and redundancy. We’re going to invest in our schools like we’ve never done before. We’re going to get the economy back; we’re reforming the tax code. So much good work, but we need the public with us and we need the public to trust us and believe in us, and that’s what ethics reform is all about.

My last point is this. A few weeks ago, I found a situation that I actually found quite disturbing. And there was an article in the newspaper about a high school in Pine Bush, New York. And the article said that a group of Jewish parents were bringing a lawsuit against the school because their children had been victims of anti-Semitism. Swastikas were drawn in the school, anti-Semitic remarks, throwing money at kids and making ugly, crude, statements. This was in a high school. But really, troubling, troubling actions and situations. I read the article and I called the State Education Department, and no one had heard about it. I called the Division for Human Rights and they hadn’t heard about it. I called the State Police, and they hadn’t heard about it. This is despite the fact that when the news article was written, the federal lawsuit had been filed a year before and the complaints had gone on for five years, and no one knew about it.

I want to propose a very simple law that gets to the heart of who we are. If a school official in the state of New York is aware of a pattern of racial or religious discrimination or harassment that state official is under an affirmative duty to notify the State Education Department and the police, or that state official is no longer a state official, because that’s not who we are and that’s not how we perform.

As we leave here today, let us recommit and remember what makes New York special and what makes us special as New Yorkers. New York is not about the buildings, it’s not about the land – what makes New York so special is the people. And it’s how we treat each other, and it’s what we have here and it’s what we have here. It’s how we feel and it’s what we believe. And it’s the premise that made this state the great state it was in the first place. And its why the Pine Bush situation is so troubling to me, because this state made a very loud and clear statement. This state said to the entire world: ‘we are open for business and we welcome everyone here to this great state of New York.’ That is the Statue of Liberty in the harbor. Come one, come all, we don’t care the color of your skin or your religion or how much money you have in your pocket; you come to New York and we will welcome you and work with you and invite you into the family of New York. And while other states say we’re afraid of diversity; while other states are building fences; we say we’re excited by the diversity. We welcome the diversity. The diversity is what made us in the first place, and we believe we can take that diversity and we can take those differences and we can make one from those differences. We believe we can forge community from the people we welcome here. The concept of community is ‘we’re all in this together’ – there is a cord that connects you to you to you and that cord weaves a fabric, and when one of us is raised we’re all raised and when one of us is lowered we’re all lowered, because we’re part of one community and we’re part of one fabric. That is what made New York great and that’s what continues to make New York great. At the end of the day, we are one. We are upstate, we are downstate, but we are one. We are Latino, we are African American, but we are one. We’re New York City and we are Buffalo, but we are one. We are Democrats and Republicans but we are one. That is the promise of this great state. That is E Pluribus Unum, out of many: one. It’s the founding premise, the enduring promise. It’s the promise that we inherited from our parents, and the promise of New York that we’re going to pass on to our children. The promise, my friends, that we are going to make a reality in this great state working together. Thank you and God bless you, and let’s have a great 2014. 

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County Executive, Chair of Board of Legislators Announce $274 Million in Capital Projects at Breakfast.

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WPCNR COUNTY CLARION-LEDGER. From the Westchester County Board of Legislators. January 10, 2014:

County Executive Robert P. Astorino and Chairman of the Board of Legislators Michael Kaplowitz today announced agreement on $274 million in vital public infrastructure investments.   The investment represents an increase of $86 million over what was invested last year.  Hundreds of jobs will be created to complete the infrastructure improvements to buildings, roads, bridges, the airport, transportation and the sewer and water districts, as well as funding for a variety of technology upgrades and renovations to county parks.

“These are solid investments that strengthen the county’s assets and create hundreds of jobs, and I want to thank Chairman Kaplowitz for his leadership in pledging to move these projects forward expeditiously,” said Astorino. “By working together, we can speed the benefits of these projects to residents and businesses.”

Kaplowitz added, “The Board of Legislators is committed to working with the administration to move these capital projects through the approval process quickly. We’ve established a new committee structure that will allow us to perform our oversight functions in a more effective and timely way.”

Astorino made the announcement at the Westchester Business Council’s 2014 KeyBank breakfast at Tappan Hill in Tarrytown on Friday morning. “The county executive’s announcement is great news for Westchester County,” said Dr. Marsha Gordon, President and CEO of The Business Council of Westchester. “Investing hundreds of millions of dollars in capital projects is vital for the region’s infrastructure — and benefits residents and local businesses. It creates well-paying jobs, generates significant economic activity and ensures that our roads, bridges and transportations systems are safe, secure and up-to-date. When coupled with the Astorino Administration’s other economic development efforts, these nuts-and-bolts investments show that Westchester County is well-positioned for a bright future.”

The largest road and bridge projects include the rehabilitation of the Ashford Avenue Bridge in Ardsley and the Fulton Avenue Bridge in Mount Vernon and Pelham Manor.

There is $31 million planned for the Parks and Recreation Department for projects that include improvements and renovations to the Maple Moor and Dunwoodie Golf Courses, the County Center, Lasdon Park and the North and South County Trailways.  There is also ongoing restoration work taking place at Playland Park to make repairs to the Boardwalk and Ice Casino, which were damaged by Superstorm Sandy.

The $25 million being spent at the airport will go toward upgrades at the airport terminal systems including airport approach protection, electrical system upgrades, heavy equipment acquisition, repaving of the asphalt surfaces, natural gas pipeline, runway safety improvements, and improvements to the water supply system.

The 2014 sewer improvement projects include: $82 million for the construction of a pumping station in Eastview and $24 million for the engine and boiler replacements, HVAC, odor control and other upgrades to the Yonkers Joint Wastewater Treatment Plant.

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Bomb Scare at WPHS was “inappropriate note passing” in Class, not Threat Received in Advance, Superintendent Explains. Protocol followed, Connors asserts. Student Identified by Parent.

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WPCNR SCHOOL DAYS. By John F. Bailey.  January 9, 2013 UPDATED  9:30 P.M. E.S.T:

White Plains Superintendent of Schools Timothy Connors told WPCNR Thursday morning that White Plains High School absolutely did “follow protocol” in a Monday classroom incident in handling what Connors described as a spontaneous passing of a note from one student to another during a class that was in full session.

Mayor Thomas Roach of White Plains, in a statement on Mr. Roach’s Facebook page, acknowledged five hours ago that the student who passed the note in the class was his 14 year old son. Rumors to that effect had been circulated without attribution in a News 12 report Wednesday evening.

The note, according to Superintendent of Schools Connors,  read “There’s a bomb under my desk,” and was not a threat that was received in advance from outside the school. (That would have  presumably called for an evacuation and search of the building.)

Connors said the teacher in charge observed the note being passed, confiscated the note, asked the student on the spot who had passed the note,  if they had wrote it, and that the student said they had written it.

“The Principal was notified and took disciplinary action, the police were notified, they arrived and investigated, and there was no need to evacuate the school,”  Connors said.

White Plains Commissioner of Public Safety David Chong confirmed Connors statement, issuing this statement: “No evacuation, at no time was there a threat to anyone.  School is handling as strictly  a administrative matter.”

Asked if the  note-passer had been scheduled for a hearing  for disciplinary action, or had been disciplined, Connors said he does not comment on disciplinary matters. The name of the student who admitted to passing the note was not released.

Connors said “In this day and age passing a note with content of that nature is highly inappropriate and will not be tolerated.”

Connors said “This (note passing) was not a threat. There was no such thing. The teacher, principal followed protocol.”

The district does not release the names of students in such matters.

Mayor Tom Roach of White Plains posted a message on his Facebook page, announcing that his older son was the student who passed the note: Mr. Roach’s statement read:

“My 9th grade, 14 year old son exercised poor judgment by writing a note in class he intended to be funny. Clearly, it was not. No one was ever in danger and he owned up to it right away. The school punished him in accordance with their policy and we accepted their determination without question. My son is a good student who loves his teachers, his friends and his school. He regrets this incident deeply. As a family we love him even when he makes mistakes. 

He is not a public figure and we will have no further comment.”

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Governor Delivers State of the State: More “Controlled” Spending Ahead. Property Tax Freezing.$2 Billion Education Bond, Bonuses for Teachers. Modernizing NYC Airports

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WPCNR ALBANY ROUNDS. From the Governor’s Press Office.(EDITED) January 8, 2013:

Governor Andrew M. Cuomo today delivered his 2014 State of the State Address, outlining a sweeping agenda which builds on the success of the last three years to change the direction of New York State: reducing spending below inflation and personal income growth for the first time in 40 years, transforming a $10 billion deficit into a $2 billion surplus, reducing unemployment in all ten regions of the state, creating nearly 400,000 new private sector jobs (the highest job creation in the state’s history), improving the state’s credit standing with all three rating agencies, increasing exports by 15% and delivering on longstanding progressive policies that have made our state safer, healthier, and fairer for all New Yorkers.

The Governor’s agenda for 2014 continues this progress: controlling spending while cutting taxes to create jobs and make the state more affordable for families, expanding successful economic policies and rebuilding infrastructure, making bold new investments to transform classrooms and improve the quality of education for all students, and continuing to fight for equal rights and opportunity for all New Yorkers.

“Three years ago, we pledged to make the government work for the people of New York, transform our economy by reducing taxes and attracting business, develop world-class schools that give every student opportunity, and make New York a progressive leader once again,” Governor Cuomo said. “Today, we have hundreds of thousands more private sector jobs, a lower unemployment rate in all ten regions of the state, schools that are held accountable for our children’s success, safer communities, more affordable healthcare and a fairer, more just state. This year, we will build on that success. For 2014, we have put forth the most comprehensive plan for the future of New York yet. This agenda will grow the economy and provide fiscal relief to taxpayers, give our schools the classrooms of tomorrow, reimagine infrastructure across the state to face the new climate reality, and take steps to make our communities safer, fairer, cleaner and more progressive. Working together, we will continue to move New York forward.”

Governor Cuomo outlined the following initiatives as part of his State of the State message. For more information, click here.

Continuing New York’s Successful Job Growth Strategy Through

Tax Relief: As a result of fiscal reforms from the last three years, the State is poised to go from a $10 billion deficit when the Governor took office to a $2 billion surplus by 2016-17. Rather than using this revenue to increase spending, Governor Cuomo proposed to instead cut taxes for New Yorkers and businesses to provide taxpayers relief and grow the economy. The proposals have been informed by the hard work of the New York State Tax Reform and Fairness Commission and the New York State Tax Relief Commission. Click here to learn more.

· Freeze Property Taxes for Working Families: New York’s real property taxes are among the highest in the nation, and one of the main reasons is the large number of local governments that place high burdens on taxpayers and harm the business climate. To address this issue and incentivize local governments to share services, the Governor proposed to freeze property taxes for two years, providing nearly $1 billion in tax relief. Residents will be eligible for the freeze in the first year if their local governments stay within the property tax cap. During the second year, local governments must also take concrete steps to share services and reduce costs in order to remain under the freeze.

In Education the Governor proposed–

Launching the Smart Schools Bond Referendum: The Governor proposed a $2 billion “Smart Schools” bond referendum to help bring all of New York schools to today’s high-speed, high-tech world. If approved by voters, the initiative will provide students with state-of-the-art classrooms and leverage technology to transform education. “Smart Schools” funds will be allocated to each school district.

Reward the Most Effective Teachers: Building on the universal implementation of the teacher evaluation system, the Governor proposed creating a Teacher Excellence Fund to help school districts reward the most effective teachers. Highly effective teachers in participating school districts will be eligible for up to $20,000 in annual supplemental compensation through the Teacher Excellence Fund.  (Note: in the news release, the governor was not reported to address the matter of high stakes testing currently a controversial issue across the state.)

In another newsworthy endeavor, the Governor proposed bringinging New York airports into the 21st century:

Modernize Our Airports: the Gateways to New York: New York’s airport system is one of the busiest in the world. JFK and LaGuardia airports are major economic engines for the New York City region, but they are consistently rated among the worst airports in the country in terms of design and overall passenger experience. Governor Cuomo proposed steps to upgrade these two major gateways to the state, including assuming management responsibility for airport construction from the Port Authority to ensure these critical transportation hubs are modernized efficiently and quickly.

In other tax cutting efforts, the Governor proposed to:

· Create a Property Tax “Circuit Breaker” Based on Ability to Pay: 1.9 million low- and middle-income taxpayers pay an effective real property tax rate relative to income that exceeds their income tax rate. To help these families and individuals, the Governor proposed providing tax relief based on ability to pay for households that earn up to $200,000, ultimately providing $1 billion in tax relief by the time the circuit breaker is fully phased in.

· Provide Tax Relief for Renters Facing Significant Housing Burdens: In New York State, 3.3 million households rent their homes, and more than 829,000 low-income renters pay more than 50% of their monthly cash income on housing costs. To provide meaningful tax relief to millions of New York’s renters, Governor Cuomo proposed a refundable personal income tax credit that takes into account a family’s size. The credit will be available to renters with incomes below $100,000 and will provide over $400 million in tax relief for 2.6 million renters.

· Additional Tax Relief to Boost Manufacturing: To propel and spur new economic growth, particularly in Upstate, Governor Cuomo proposed creating a refundable credit that would be equal to 20 percent of a firm’s annual real property taxes. Additionally, to grow existing manufacturers and attract new businesses Upstate, Governor Cuomo has proposed eliminating the corporate income tax rate for Upstate manufacturers. Together, these two proposals would provide approximately $161 million in tax relief to the manufacturing sector.

· Corporate Tax Reform: Streamlining the State’s corporate tax structure is another way to improve New York’s business climate and promote economic growth across the state. To do this, Governor Cuomo proposed merging the bank tax into the corporate franchise tax and lowering the rate to 6.5 percent. This would be the lowest corporate tax rate since 1968 and provide $346 million in annual tax relief to New York’s businesses.

· Estate Tax Reform: New York is one of only 15 states in the country that imposes an estate tax, and New York currently taxes significantly more of an individual’s estate than the federal government, creating a perverse incentive for elderly New Yorkers to leave the state. To address this burdensome tax, Governor Cuomo proposed increasing New York’s exemption threshold to match the federal government, and lowering the top rate to 10 percent over four years.

The Governor seeks to transform education with steps in addition to the referendum and teacher incentives, including

Transforming New York’s Schools

Meeting the education needs of New York’s students gives them a path to prosperity and the tools to become productive members of society, while also providing a more secure economic future for the state. The Governor proposed a series of actions that build on the progress and investments from the last three years to ensure all of New York’s students receive a quality education.

Encourage the Best and Brightest STEM Students to Stay in New York: The Science, Technology, Engineering and Math – “STEM” – fields are one of the fastest-growing sectors of New York’s economy. To encourage the best and brightest students to pursue STEM college degrees and build their careers in New York, Governor Cuomo proposed providing full tuition scholarships to any SUNY or CUNY college or university to the top 10 percent of high school graduates if they pursue a STEM career and then work in New York for five years.

Expand and Launch Another Round of NYSUNY 2020 and NYCUNY 2020: The Governor proposed another round of NYSUNY 2020 and NYCUNY 2020 that have made the State’s public universities incubators of academic excellence and economic growth. This year’s program will expand New York’s strategic investment in higher education performance by awarding plans that use technology to improve academic success and economic development, leverage opportunities for public-private partnerships through START-UP NY, and provide experiential learning opportunities such as internships to better connect students to the workforce.

Make Full-Day Pre-K Universal in New York State: Expanding on last year’s program to provide full-day pre-kindergarten to children in the highest-need communities, Governor Cuomo believes that it is time to fulfill the State’s goal of truly “Universal Pre-Kindergarten” access for all children.

In other efforts to encourage business growth the Governor said he wants to–
· Accelerate the Phase-Out of the 18-A Utility Surcharge: New Yorkers pay some of the highest energy rates in the nation, and the Temporary Utility Assessment (18-A) adds to this burden for families and businesses, particularly energy intensive industries. It is scheduled to phase out by 2018, but Governor Cuomo proposes accelerating the phase-out by $200 million per year, immediately eliminating the temporary surcharge for industrial customers, and hastening the phase out for residents and other businesses.

Form a Joint Executive-Legislative Commission to Reduce Regulatory Barriers on Business: After years of discussion in the state government with no action, the Governor proposed finally creating a joint commission with the state Legislature to identify ways to eliminate regulatory barriers that make it difficult to do business in New York State and hinder economic growth.

Expedite Transmission Projects that Rely on Existing Transmission Corridors and State-Owned Rights-of-Way: The State’s transmission infrastructure is antiquated and is preventing excess power in Upstate New York from entering the downstate region where demand is greatest. Transmission bottlenecks on the aging electric grid increase utility bills and result in adverse environmental and economic consequences when older, less efficient plants must run more frequently. In order to meet the State’s electric needs as well as preserve the quality of life in local communities, the Governor proposes expediting projects that would be built wholly within existing transmission corridors or buried along existing State-owned rights of way such as waterways and highways.

Launch REDC Round 4 to Create Jobs and Attract International Investment: The Governor will launch “Global NY” which will link START-UP NY and the Regional Economic Development Council initiatives to attract international investment and jobs to Upstate New York. In this fourth round of the REDCs, the State will recognize and reward plans that incorporate Global Marketing and Export Strategies. The Governor will also create the START-UP NY Global Initiative to attract foreign direct investment and grow exports by leveraging the START-UP NY program.

Host Global NY International Business Conference: In 2014, the Governor will host the Global NY Summit on World Trade and Investment to reach foreign investors and create a peer learning network among local and regional leaders. Continue to Attract Visitors Upstate and Outdoors: Governor Cuomo will continue to boost the Upstate economy by encouraging New Yorkers and visitors to explore and enjoy the area’s unique treasures. The Governor will create the NYS Adventure License – a driver’s license that includes optional icons for all of an individual’s lifetime license designations, such as the Boater Safety Certificate and the newly created lifetime State Parks’ Empire Pass. The Governor also proposed a bold new outdoors initiative to create 50 new access projects to connect hunters, anglers, bird watchers and other outdoor enthusiasts to untapped State-owned lands. The Governor will also make the revitalization of New York’s park system a continuing priority to attract new visitors. The Governor today unveiled the first ever I Love NY tourism smartphone app. Developed in partnership with AT&T, the app provides comprehensive geographically targeted tourism, recreation, lodging, and dining options in every region of the state. The app is available right now on the Apple app store and Google Play.

Encourage Targeted Investment through Key Industry Summits: Governor Cuomo will host a second round of industry summits to identify additional economic growth opportunities, including a new Upstate-Downstate Food-to-Table Agriculture Summit in 2014 to connect the Upstate agriculture industry to downstate consumers and markets.

Bring World-Class Destination Resorts to Upstate NY: In 2014, the State will begin taking steps to bring world-class destination resorts to Upstate, including appointing a Gaming Facility Location Board to select bidders through a merit-based and transparent process. The process will be designed to produce the best and highest quality bids and bidders in order to increase tourism and encourage Upstate economic growth.

Create the NY Genomic Medicine Network: The Governor proposed establishing the NY Genomic Medicine Network – a partnership that will link the medical community in New York City with the University at Buffalo’s computational infrastructure and biomedical research expertise at the Buffalo Niagara Medical Campus – to develop Upstate New York as a national center for genomic medicine research and jobs.

Progressive, Safer, Cleaner, and Fairer Communities

Launch a Medical Marijuana Program to Research the Feasibility of Medical Marijuana in NYS: Research shows that medical marijuana may help manage the pain and treatment of cancer and other severe illnesses. To provide relief to patients suffering from serious illnesses, Governor Cuomo will use existing statutory authority (The Antonio G. Olivieri Controlled Substances Therapeutic Research Program; PHL Art. 33-A) to launch a pilot medical marijuana research program that allows up to 20 hospitals to provide medical marijuana to patients being treated for serious illnesses. This program will allow qualified eligible participants to seek relief for their symptoms in a safe and legal manner, while also evaluating the effectiveness and feasibility of a medical marijuana system. Its findings will be used to inform future policy.

Create the Commission on Youth, Public Safety & Justice to Help NYS “Raise the Age”: Governor Cuomo proposed establishing a Commission on Youth, Public Safety & Justice to provide concrete, actionable recommendations regarding youth in New York’s criminal and juvenile justice systems.New York remains one of only two states in the nation whose age of criminal responsibility – the age at which youths are treated as adults – is just 16. As a result, in 2012, nearly 40,000 16- and 17-year-olds in New York had their cases handled in adult or criminal court, where they are less likely to receive the services they need. The ultimate goal of the Commission will be to create a roadmap to help these young people become productive, successful adults.

Expand the Successful NY Youth Works Program: Since its launch, the NY Youth Works program has helped more than 13,000 of New York’s inner city young people find employment at 1,270 businesses. Governor Cuomo proposed increasing the size of the program in 2014 from $6 to $10 million for each of the next four years, incentivizing employee retention with additional tax benefits, and providing training funds to employers through the existing Job Linkage Program.

Create and Preserve 3,000 Units of Affordable Housing: Last year, the Governor launched House NY to build and restore more than 14,000 affordable housing units statewide. This year, the Governor proposed a $100 million additional investment to build and preserve 3,000 additional affordable housing units in multi-family developments. This construction would also lead to the creation of more than 3,500 new construction jobs.

Launch the New York State Council on Community Re-Entry and Reintegration: To enhance the State’s efforts to help formerly incarcerated individuals successfully re-enter and remain in the community, and ensure that State policies regarding a broad spectrum of issues – housing, health care, education, employment, and veterans’ services, among others – are aligned with both federal and local efforts, the Governor proposed creating the New York State Council on Community Re-Entry and Reintegration. This Council will bring leadership from a wide array of agencies together with key community stakeholders, including non-profits and re-entry service-providers statewide.

Continue the Fight for the Women’s Equality Act: In the spring of 2013, Governor Cuomo introduced ambitious and transformative legislation to address gender inequality, and this year, the Governor remains deeply committed to advancing sweeping legislative reform to overcome discrimination against women. He will continue the fight for the Women’s Equality Act that will:
· Achieve Pay Equity
· End Family Status Discrimination
· Stop Sexual Harassment in All Workplaces
· Stop Pregnancy Discrimination Once and For All
· Allow for the Recovery of Attorneys’ Fees in Employment and Credit and Lending Cases
· Better Position the State to Address Source of Income Discrimination
· Stop Housing Discrimination for Victims of Domestic Violence
· Protect Victims of Domestic Violence by Strengthening Order of Protection Laws
· Strengthen Human Trafficking Laws
· Protect Freedom of Choice

Ethics Reform: The Governor has made restoring New Yorkers’ trust in state government a top priority. This year, he will continue to fight for reforms to ensure New Yorkers have confidence that their elected officials are serving them faithfully. He proposed new anti-bribery and corruption laws, public financing of elections, independent enforcement and oversight at the Board of Elections, and disclosure of outside clients with business before the State.

Protect Students Against Discrimination and Harassment: In November, New Yorkers were horrified to learn about terrible allegations in the news of anti-Semitism in the Pine Bush Central School District. In response, Governor Cuomo immediately ordered an investigation by the State Police and the State Division of Human Rights. This year, the Governor is taking steps to ensure that all students are protected from any discrimination and harassment.He proposed amending State law to require all public schools to notify the State Education Department (SED), the Division of Human Rights and the State Police if there is a pattern of discrimination or harassment. Schools will also be required to implement SED-constructed plans to remedy these injustices. The Governor also proposed to amend the Human Rights Law to ensure that all students are afforded protection against discrimination.

Stop Repeat Drunk Drivers: Three Strikes and You’re Out: Governor Cuomo will continue to lead the fight against drunk and dangerous driving in 2014. He proposed a new law that will suspend licenses for five years for drivers found guilty of two convictions for driving while intoxicated or driving while impaired by drugs or alcohol in a 3-year period. The law will also provide for full revocation of licenses for those drivers who have three such convictions in their lifetime.

Continue to Crack Down on Youth Texting and Driving: For any person under age 21 convicted of texting-while-driving, Governor Cuomo proposed a new law that will double the period of their license suspension from six months to a year.

Continue to Expand Opportunities for MWBE Businesses: In the last three years, New York State has made great strides in increasing equal opportunity in contracting for Minority- and Women-owned Business Enterprises (MWBE). MWBE participation met and exceeded 20 percent for the first time in the program’s history. To continue this success and increase MWBE economic growth, Governor Cuomo proposed increasing the number of MWBE certified firms by an additional 2,000.

Promote and Grow Businesses Owned by Disabled Veterans: To support and expand economic opportunity for New York veterans and military families, Governor Cuomo proposed steps to establish a 5% goal in the awarding of state contracts to service-disabled veteran-owned small businesses. The Governor will also convene a Veterans and Military Families Summit this year to address the unique issues faced by these New Yorkers and determine how the State can better serve them.

Reimagining New York for a New Reality

Following the impact of Superstorm Sandy, Hurricane Irene and Tropical Storm Lee, Governor Cuomo proposed a $17 billion strategy that will transform New York’s infrastructure, transportation networks, energy supply, coastal protection, weather warning system and emergency management to better protect New Yorkers from future extreme weather.

The State will undertake major projects to improve and strengthen the State’s infrastructure including:
· Replacing and repairing 104 older bridges at risk due to increasing flooding
· Implementing the largest reconstruction of the state’s transit system in 110 years with $5 billion of federal funds;
· Creating a statewide Strategic Fuel Reserve, and statewide gas station back-up power on critical routes throughout the state;
· Hardening the state’s electric grid and creating 10 microgrids for communities and buildings that can operate as “energy islands” in the event of a power outage;
· Building new natural infrastructure to protect New York’s coastline and communities, and provide advanced flood control for inland waterways; and
· Expanding the $650 million NY Rising Community Reconstruction program to allow 124 communities around the state to create their own individualized storm resilience plans.

The Governor also proposed the following initiatives to ensure New York State’s communities are the most prepared for future storms and other emergencies:
· Building the most advanced weather detection system in the nation, with 125 interconnected weather stations to provide real-time warnings of local extreme weather and flood conditions;
· Launching the nation’s first College of Emergency Preparedness, Homeland Security, and Cybersecurity;
· Training a new Citizen First Responder Corps to make New York residents the best prepared in the nation to deal with emergencies and disasters; and
· Issuing special license plates for first responders

The Governor also proposed the Penn Station Access Project to provide critical system resilience to protect Metro-North service in the event of natural or other disasters. The entire Metro-North system currently depends on the Harlem River Lift Bridge and the Mott Haven Junction remaining fully operational to provide access into and out of Manhattan. The need for additional railroad network resiliency was made clear by Superstorm Sandy, when for the first time in their 100-year history, the Hudson River tunnels and two of the East River tunnels into Penn Station were flooded. Using existing tracks, the project would establish new links for the New Haven Line that will bypass both of these corridors. It would also provide Metro-North with access to a second Manhattan terminal in the event an emergency affects Grand Central. The Governor proposed constructing four new stations under the Penn Station Access Project in the Eastern Bronx and the purchase of new rail cars to support the new service. The project will for the first time connect these communities via commuter rail both to Manhattan’s West Side and to the I-95 corridor, whileimproving resiliency against natural and man-made disasters.

The recommendations of the federal Hurricane Sandy Rebuilding Task Force, chaired by U.S. Housing and Urban Development Secretary Shaun Donovan, helped provide a blueprint for the State in its long-term rebuilding process.

For more information, go to http://www.governor.ny.gov/press/01072013-cuomo-biden-future-recovery-efforts.

Launch a Study on Improvements to Enhance North Country Access: Residents and businesses in the North Country region have long expressed interest in better connecting I-81 in Watertown to I-87 in Champlain along a route running south of the Canadian border and just north of the perimeter of the Adirondack Park. Numerous projects have been proposed since the 1950s. New York State will now conduct an in depth feasibility study to develop the most efficient transportation enhancements for this important North Country corridor.

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Greenburgh Assistant Principal Charged by District Attorney with Grand Larceny 2nd Degree. Allegedly Diverted $778 G’s from Union Funds

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WPCNR POLICE GAZETTE. From the Westchester County District Attorney. January 8, 2014:

Westchester County District Attorney Janet DiFiore announced that Frank Gluberman (DOB 08/16/47) of 47 Waters Edge, Congers, New York was arraigned today on a Felony Complaint charging him with:

  • one count of Grand Larceny in the Second Degree, a class “C” Felony.

The defendant is the Assistant Principal at WoodlandsHigh School in the Hamlet of Hartsdale and former Treasurer of the Greenburgh Teacher’s Federation (GTF) and the Greenburgh Teacher’s Welfare Fund.

frankgluberman

Frank Gluberman

The GTF Welfare Fund receives taxpayer money, which is negotiated by the GTF, to pay for benefits such as: dental, optical, legal services, for school teachers and administrators of the school district.

Over a period of seven years, from 2006 to 2013, the defendant wrote checks to himself from the Greenburgh Teacher’s Fund checking account and GTF Welfare Fund totaling more that $778,995.

The defendant forged the signature of the president of the GTF, as he needed dual signature authorization to make payments.

The checks written by the defendant were to himself, his two daughters, and to pay property taxes on two homes that he owns.

The larceny came to light when in September 2012, the defendant was promoted to Assistant Principal and had to relinquish his position at the treasurer of the union funds.

Greenburgh police and the District Attorney’s office were contacted and initiated an investigation.

The defendant was arrested yesterday by Greenburgh Police.

“This defendant used and abused his position as a trusted educator and administrator to both defraud the taxpayers of the Town of Greenburgh and steal from his colleagues and associates. His cynical raiding of the welfare fund of hundreds of thousands of dollars comes at a time of tight school budgets and dishonors the teachers and administrators who work diligently and professionally on a daily basis in the Greenburgh school system,” said District Attorney Janet DiFiore.

Bail was set at $50,000 cash over $100,000 bond.

His next court date is January 10th, 2014.

The defendant faces a maximum sentence of fifteen years in state prison.

Assistant District Attorney Steven Ronco of the Public Integrity Bureau is prosecuting the case.

 

 

 

 

 

 

 

 

 

 

 

 

Westchester County District Attorney Janet DiFiore announced that Frank Gluberman (DOB 08/16/47) of 47 Waters Edge, Congers, New York was arraigned today on a Felony Complaint charging him with:

 

  • one count of Grand Larceny in the Second Degree, a class “C” Felony.

 

The defendant is the Assistant Principal at WoodlandsHigh School in the Hamlet of Hartsdale and former Treasurer of the Greenburgh Teacher’s Federation (GTF) and the Greenburgh Teacher’s Welfare Fund.

 

The GTF Welfare Fund receives taxpayer money, which is negotiated by the GTF, to pay for benefits such as: dental, optical, legal services, for school teachers and administrators of the school district.

 

Over a period of seven years, from 2006 to 2013, the defendant wrote checks to himself from the Greenburgh Teacher’s Fund checking account and GTF Welfare Fund totaling more that $778,995.

 

The defendant forged the signature of the president of the GTF, as he needed dual signature authorization to make payments.

 

The checks written by the defendant were to himself, his two daughters, and to pay property taxes on two homes that he owns.

 

The larceny came to light when in September 2012, the defendant was promoted to Assistant Principal and had to relinquish his position at the treasurer of the union funds.

 

Greenburgh police and the District Attorney’s office were contacted and initiated an investigation.

 

The defendant was arrested yesterday by Greenburgh Police.

“This defendant used and abused his position as a trusted educator and administrator to both defraud the taxpayers of the Town of Greenburgh and steal from his colleagues and associates. His cynical raiding of the welfare fund of hundreds of thousands of dollars comes at a time of tight school budgets and dishonors the teachers and administrators who work diligently and professionally on a daily basis in the Greenburgh school system,” said District Attorney Janet DiFiore.

 

Bail was set at $50,000 cash over $100,000 bond.

 

His next court date is January 10th, 2014.

 

The defendant faces a maximum sentence of fifteen years in state prison.

 

Assistant District Attorney Steven Ronco of the Public Integrity Bureau is prosecuting the case.

 

 

 

 

 

 

 

 

 

 

 

 

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JP Morgan Chase Fined $1.7 Billion for its Conduct Relating to the Madoff Securities fraud.

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WPCNR FBI WIRE. From the Federal Bureau of Investigation. January 7, 2013:

Preet Bharara, the United States Attorney for the Southern District of New York, and George Venizelos, the Assistant Director in Charge of the New York Office of the Federal Bureau of Investigation (FBI), announced criminal charges against JPMorgan Chase Bank N.A. (JPMorgan or the bank), consisting of two felony violations of the Bank Secrecy Act, in connection with the bank’s relationship with Bernard L. Madoff Investment Securities (Madoff Securities). The case is assigned to United States District Judge Lewis A. Kaplan.

Also today, Mr. Bharara announced an agreement (the agreement) with JPMorgan, under which the bank agreed to accept responsibility for its conduct by stipulating to the accuracy of an extensive statement of facts; to pay a $1.7 billion penalty to the victims of the Madoff fraud through a parallel civil forfeiture complaint; to refrain from future criminal conduct and cooperate fully with the government; and to continue reforms of its Bank Secrecy Act (BSA)/Anti-Money Laundering compliance program. The criminal charges are contained in a two-count felony Information (the information). Assuming the bank’s continued compliance with the agreement, the government has agreed to defer prosecution on the information for a period of two years, after which time the government will seek to dismiss the charges.

Manhattan U.S. Attorney Preet Bharara said, “Today, the largest financial institution in the country stands charged with two criminal offenses. Institutions, not just individuals, have an obligation to follow the law and to police themselves. They must exercise due care not only with their own money but with other people’s money also. In this case, JPMorgan connected the dots when it mattered to its own profit but was not so diligent otherwise. Fortunately, with today’s resolution, the bank has accepted responsibility and agreed to continue reforming its anti-money laundering practices. Most importantly, the victims of Bernie Madoff’s epic fraud are $1.7 billion closer to being made whole.”

FBI Assistant Director in Charge George Venizelos said, “JPMorgan failed to carry out its legal obligations while Bernard Madoff built his massive house of cards. Today, JPMorgan finds itself criminally charged as a consequence. But it took until after the arrest of Madoff, one of the worst crooks this office has ever seen, for JPMorgan to alert authorities to what the world already knew. In order to avoid these types of disasters in the future—we all need to be invested in making our markets safer and more equitable. The FBI can’t do it alone. Traders, compliance officers, analysts, bankers, and executives are the gatekeepers of the financial industry. We need their help protecting our markets.”

In separate actions, the United States Department of the Treasury, Office of the Comptroller of the Currency (OCC), and the Financial Crimes Enforcement Network (FinCEN) announced that they had also reached agreements with JPMorgan.

According to the documents filed today in Manhattan federal court:

Since 1986, JPMorgan and its predecessor institutions served as the primary bank through which Madoff ran his Ponzi scheme. Madoff Securities maintained a series of linked checking and brokerage accounts at JPMorgan—collectively referred to as the “703 Account.” Madoff was a client of the bank’s broker/dealer banking group, an investment bank group that comprised personnel from various business lines that serviced the needs of broker/dealer clients. JPMorgan designated a banker as Madoff’s “relationship manager,” who was principally responsible for Madoff’s business with the bank, as well as for the bank’s first-line BSA responsibilities, including certifying that the Madoff relationship “complies with relevant legal and regulatory-based policies” and “that the necessary due diligence has been performed.”

Early on in its relationship with Madoff Securities, JPMorgan, because of its unique vantage point as the firm’s banker, had reason to be suspicious about Madoff. For example, in the early 1990s, the bank learned that Madoff and a prominent client of JPMorgan’s Private Bank (the “private bank client”) were engaged in what looked like round-tripping, check-kiting transactions. Another bank involved in these transactions (Madoff Bank 2) recognized them as suspicious and without any legitimate business purpose. In or about 1996, unlike JPMorgan, Madoff Bank 2 not only filed a suspicious activity report (SAR) with law enforcement, but it actually closed down Madoff’s account. As a result, Madoff moved all of his accounts from Madoff Bank 2 to JPMorgan, where the size of these transactions became much larger. For example, in December 2001 alone, the private bank client engaged in approximately $6.8 billion worth of transactions with Madoff through a series of circular $90 million transfers.

Over the years, other parts of the bank developed their own suspicions about Madoff. In 2006, an entirely different part of the bank—a derivatives trading desk located in the London branch of JPMorgan’s Investment Bank—became interested in Madoff. The trading desk began receiving requests to issue derivatives tied to the performance of various Madoff “feeder” funds—funds that sent investor money to Madoff Securities. In order to hedge and offset the risk created by these products, JPMorgan invested the bank’s own capital directly in the feeder funds. The bank initially issued about $100 million of Madoff-linked products in 2006 and early 2007. Then, because of continued demand for these products, in the summer of 2007, the traders on the London desk sought to write more than $1 billion in Madoff-linked derivatives—a large deviation from normal risk limits, which therefore had to be approved by the Investment Bank’s chief risk officer. In June 2007, the chief risk officer convened a committee to consider authorizing a request for more than $1.3 billion of the bank’s proprietary capital to be invested directly into Madoff feeder funds to hedge the issuance of additional derivative products tied to the performance of Madoff feeder funds. Ultimately, the chief risk officer—who at one point was told by a senior colleague that there is a “well-known cloud over the head of Madoff and that his returns are speculated to be part of a Ponzi scheme”—rejected the proposal and set the Madoff risk limit at $250 million.

Over the next several months, JPMorgan began to have increasing concerns about its exposure to Madoff. In late 2007, the London trading desk hired its own due diligence staff; on the first day of his job, the newly-hired head of hedge fund due diligence was directed to review the Madoff feeder fund positions and offer any insight into how Madoff was able to generate his purported returns. Ultimately, in October 2008, the London desk’s due diligence team circulated a negative memorandum describing continuing concerns about Madoff. Among other things, the memorandum described the inability of JPMorgan to validate Madoff’s trading activity or custody of assets, questioned Madoff’s “odd choice” of a one-man accounting firm, and generally made the point that JPMorgan “seem[ed] to be relying on Madoff’s integrity” with little reason to do so.

About two weeks after the circulation of this memorandum, on October 29, 2008, JPMorgan filed a report with regulators in the United Kingdom, listing Madoff Securities as the “main subject—suspect” and repeating many of the concerns from that earlier memo. The report to the U.K. regulators concluded that Madoff’s returns were “probably” “too good to be true,” and, “as a result,” JPMorgan was withdrawing about $300 million of its own money from the Madoff feeder funds. On November 19, 2008, the bank filed a second report, notifying U.K. regulators about an additional planned transaction involving its position in the feeder funds, lest JPMorgan “be considered party to laundering the proceeds of crime.” As part of a broader directive to reduce generally the bank’s exposure to hedge funds, between October 2008 and Madoff’s arrest on December 11, JPMorgan redeemed approximately $288 million of its approximately $370 million position in the Madoff feeder funds.

Although JPMorgan filed a report with U.K. regulators about its concerns relating to Madoff, it failed to do so in the United States. While the suspicions raised by the U.K. bankers led to JPMorgan’s own redemptions from Madoff feeder funds, during the same time, U.S.-based anti-money laundering compliance officers at JPMorgan never looked into Madoff and nor was the relationship sponsor alerted about the London desk’s concerns. And while certain senior compliance officers in the United States were provided with all of the relevant facts—critically, the London traders’ suspicions about Madoff and the fact of the decades-long banking relationship with Madoff—the U.S. compliance officers did very little to investigate those suspicions, failed to raise these concerns with the bank’s anti-money laundering department, and failed to file a SAR.

Meanwhile, the balance in the 703 Account that held the billions Madoff stole from his customers was being drained. In August 2008, the account held approximately $5.6 billion. But by October 16, 2008—the date of the negative memorandum described above—the balance had fallen to $3.7 billion. And on October 29, when the bank filed its report in the U.K., the balance had fallen another $700 million, to about $3 billion. Over the next five weeks before Madoff’s arrest, a little over $2 billion exited the 703 Account. By the time Madoff was arrested on December 11, 2008, only about $234 million remained in the 703 Account. Of those lost billions, the vast majority went to the very funds in which JPMorgan had built a position, including about $288 million that went back to JPMorgan itself to pay for its redemptions from the feeder funds.

As a result of the foregoing conduct, this office has entered into a deferred prosecution agreement with JPMorgan, which has been submitted today to Judge Kaplan. Pursuant to the agreement, the bank has agreed to the following terms and conditions. First, JPMorgan has agreed to waive indictment and to the filing of the Information, charging the bank with violations of the Bank Secrecy Act. Count one of the information charges that JPMorgan failed to maintain an effective anti-money laundering program in 2008, as required under the BSA. Specifically, count one alleges that JPMorgan failed to enact adequate policies, procedures, and controls to ensure that information about the bank’s clients obtained through other lines of business—or outside the United States—was shared with compliance and AML personnel. Count two of the Information alleges that JPMorgan violated the BSA by failing to file a Suspicious Activity Report on Madoff Securities in October 2008.

Second, pursuant to the agreement, JPMorgan agrees to acknowledge responsibility for its conduct by, among other things, stipulating to the accuracy of a detailed statement of facts.

Third, JPMorgan agrees to pay a non-tax deductible penalty of $1.7 billion, in the form of a civil forfeiture, which the government intends to distribute to the victims of the Madoff fraud, consistent with the applicable Department of Justice regulations, through the ongoing remission process. To effectuate that forfeiture, the office has today filed a parallel civil forfeiture complaint, which has been assigned to United States District Judge Andrew L. Carter, Jr. The $1.7 billion penalty represents the largest ever financial penalty imposed by the Department of Justice for a violation of the Bank Secrecy Act and the largest forfeiture from a bank. Information about the remission process, including instructions for filing a claim, can be found on its website at www.madoffvictimfund.com.

Fourth, JPMorgan agrees to various cooperation obligations, including (1) cooperation in connection with this office’s ongoing investigation of the fraud at Madoff Securities; (2) an obligation to report any criminal conduct by any employee acting within the scope of his employment at JPMorgan; (3) reporting to this office any BSA-related investigation or proceeding in which JPMorgan is involved; and (4) committing no subsequent federal crimes.

Fifth, JPMorgan agrees to continue reforming its bank Secrecy Act/Anti-Money Laundering compliance programs and procedures, consistent with a pair of consent orders previously entered by the bank’s principal regulators, and to provide quarterly reports and other information to this office about its progress.

In consideration of these obligations, the government has agreed to defer prosecution on the information for a period of two years, after which time—assuming that the bank does not violate the agreement—the government will seek to dismiss the charges.

Mr. Bharara praised the work of the FBI. He also thanked the OCC and FinCEN.

This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force, on which Mr. Bharara serves as a co-chair of the Securities and Commodities Fraud Working Group. The task force was established to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory, and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state, and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit www.StopFraud.gov.

This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Arlo Devlin-Brown and Matthew L. Schwartz are in charge of the prosecution.

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Catherine Parker Joins the County Board of Legislators Representing Rye, Mamaroneck, Larchmont

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catherine parker

WPCNR COUNTY CLARION-LEDGER. From the Westchester County Board of Legislators. January 7, 2013:

Catherine Parker, a Rye City Councilwoman since 2007 and a small business owner with a long résumé of community service, was sworn in officially Monday evening as a member of the Westchester County Board of Legislators (BOL). She will be representing the county’s 7th Legislative District, which includes the Town of Mamaroneck, Village of Larchmont and a portion of the City of Rye. The district was previously represented by Judy Myers, now retired.

“I thank all of the residents of the Seventh District for bestowing me with the privilege to serve them,” said Parker. “My experience in public life has taught me that party politics sometimes unnecessarily distracts us from our common purpose. We are at our better when we work together; and we are at our best when we do so with respect for one another.”

Parker added, “The challenges ahead are significant, and it’s important that we make real progress on a number of important issues, like lessening the tax burden on residents and business owners, protecting our environment and making proper investments in infrastructure improvements, including flood mitigation. I’m excited about working with all of my colleagues on the Board of Legislators in order to strengthen our communities for the future.”

First elected to the Rye City Council in 2007, Parker helped pass budgets that added to the city’s reserve fund and advocated for small businesses. Thanks to her efforts, the City Council passed a number of smart environmental measures. She also helped create the city’s flood action committee.

Parker helped re-establish the Rye Chamber of Commerce in 1998 and served as its first president. In 2003, she worked to re-establish a local chapter of the League of Women Voters, and served as the group’s first president for four years. A big supporter of the arts, Parker is an advisory board member for the Rye Arts Center.

 

A fourth-generation Westchester resident, Parker resides in Rye with her husband David Walker and two children, Julia (12) and Aidan (6). For over 15 years, Parker has owned and operated a travel store in downtown Rye, which sells clothing and luggage. In addition to her public service, Parker is a member of the Rye Presbyterian Church, Rye Lions Club, and Rye Middle School Parent’s Teachers Association.

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They’re BAAAAACK! Foreclosures soar 48% in the County: Stricter Financing Rules coming

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 WPCNR County Clarion-Ledger. From the Office of the Westchester County Clerk. January 7, 2014:

“Foreclosure actions filed in Westchester County this year (2013) represent a forty eight percent increase over last year,” reported Westchester County Clerk Timothy C. Idoni who serves as Clerk of the Westchester County Supreme Court where foreclosure actions are heard.

The Office of the Westchester County Clerk reported two thousand six hundred and ninety four (2,694) foreclosure actions started between January 1st and December 31st of this year, as compared with one thousand eight hundred and thirteen (1,813) last year.  Three hundred and sixty nine (369) foreclosure judgments have been entered in 2013, in comparison to two hundred and eight (208) entered during 2012.  A month-by-month breakdown of foreclosure filings follows:

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Total

2006

100

119

159

120

140

128

112

136

117

162

130

123

1,546

2007

146

132

252

181

145

156

176

226

179

201

181

191

2,166

2008

243

231

285

224

202

225

238

242

73

96

71

76

2,206

2009

124

154

210

266

240

266

280

319

332

320

249

363

3,123

2010

260

181

222

210

208

262

219

247

216

209

110

141

2,485

2011

133

145

144

150

157

156

155

153

106

113

143

100

1,655

2012

105

131

143

148

150

147

192

162

159

184

142

150

1,813

2013

207

200

275

269

265

210

252

228

138

227

195

228

2,694

 

“Later this month, stricter mortgage financing rules go into effect which will no doubt curb foreclosures down the road,” shared Idoni.  “But it is hard to predict the immediate impact these rules will have on the Westchester housing market and the current foreclosure burden”.  Westchester Residential Opportunities (WRO), a non-profit housing agency with offices in White Plains and Mount Vernon, conducts Mortgage Default Orientation sessions most Wednesdays in their White Plains Office.  Trained counselors are available to help at (914) 428-4507 or by visiting www.wroinc.org.

 

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