Greenburgh Will Vote on Sports Complex Referendum on Election Day.

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WPCNR THE FEINER REPORT. From Town of  Greeburgh Town Supervisor Paul Feiner. August 29, 2012:


 



The Greenburgh Town Board unanimously voted tonight to let the people decide!


 


We voted to place on the November election day ballot a referendum asking for voter authorization on whether the town should enter into a revenue and property tax generating lease agreement with Game On 365, LLC to construct a temporary recreation/sports bubble at the old Frank’s nursery.


 


The lease will be for a 15 year period and will guarantee the town a minimum of $5,000,000 in property taxes and revenue. Game On will pay all taxes. They will also make a one time upfront payment of $125,000 for an environmental study and cleanup of the foreclosed property.


 



I am very pleased that voters will have the chance to partner with town officials in making an important decision. If you are interested in holding a community meeting to discuss the referendum or want town officials or Game On representatives to stop by your house to explain the proposal in greater detail, please feel free to call on us. Democracy works best when voters are informed.


 



At the Town Board meeting tonight we also approved a professional service contract with Woodard & Curran Engineering for a phase II environmental site assessment at the old Frank’s nursery for an amount not to exceed $43,550. This assessment will determine the extent of contamination on the property and the amount of remediation that has to take place. Game On will absorb the costs of the study – but if the lease is rejected by the voters the town will have to pay the costs


 



In other business…the Town Board authorized the Greenburgh Nature Center to have wine and beer at the center when authorized by a permit issued by the Commissioner of Parks for events sponsored by the Nature Center. The center can have wine/beer at events up to four times a year. The center believes that this new law will enable them to improve their fundraising abilities.

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School Board Approves $48.3 M Bond for School Reconstruction, WI-FI

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WPCNR SCHOOL DAYS. By John F. Bailey. August 28, 2012 UPDATED August 29 12:50 A.M. E.D.T.UPDATED AUGUST 29, 2012 5:05 P.M. E.D.T. UPDATED AUGUST 30, 2012, 9 A.M.:


The White Plains Board of Education unanimously approved a $48,239,840 bond issue Tuesday evening to be offered to district registered voters for approval October 23, from noon to 9 P.M. at regular School District locations.



9 P.M. E.D.T.Tuesday: School Board takes roll call vote to bond for $48.3 Million. The vote was 6-0 with Peter Bassano not present.The $48.3 Million bond, according to Assistant Superintendent for Business, Fred Seiler, will result in a .72% property tax increase, a $65 a year increase in the debt service.


In addition, the Board hired Magaret Pecunia as Assistant Superintendent for Human Resources, who will take over the job of Lenora Boehlert, who is retiring.


E


New Teacher/Principal Evaluation Procedure to begin this September.


In other action, the Board approved a one-year pilot teacher and administrative annual professional performance review — an bewilderingly complex procedure (to this reporter) — that has been approved by the New York State Department of Education — one of only twenty programs approved statewide. The program was developed by Ms. Boehlert,  Kerry Broderick, President of the White Plains Teachers Association and Lois Gordon, President of the administrators union.


Myra Castillo was approved as new Assistant Principal of Church Street School.


The Bond Decision


Prior to the approval of the bond issue, Board Member James Hricay said that the tour of Eastview conducted by Director of Facilities and Operations, Frank Stefanelli, convinced him to go with the approval of the bond, and that the historically low cost of borrowing at this time meant it was a very good time to execute the $48.3 Million reconstruction program since the work would have to be done in five years anyway.


 


Hricay expressed reservations on the WI-FI portion,saying, “I don’t understand how Wi-Fi is going to fit  into the learning plan.”


 


Superintendent of Schools Dr. Christopher Clouet, said, “Wi-Fi isn’t just e-mails and texting; it’s about accessing periodicals not available to students in print form; research and access to websites; the ability to go to an online lab; accessing workbooks on line instead of distributing hard copies; and long-term, replacing textbooks.”


 


Jessica O’Donovan, Assistant Superintendent of Curriculum and Instruction, said now when data has to be transmitted, laptops have to be plugged into the school system. With the coming of Wi-Fi she noted, she could access from anywhere in the district building system,  and with the state going to an online transmission of data, she said Wi-Fi would facilitate that transition.


 


Frank Stefanelli, Director of Facilities and Operations observed that Wi-Fi would only be more expensive to convert in the future. He added that Wi-Fi-connected school facilities would enable wireless control of systems like heating, lights, air-conditioning, citing how the new HVAC system at Eastview had a wire cut recently and the new unit is not controllable. He also told WPCNRWi-Fi by swifter means of controlling systems would save the district money.


 


Board member Rose Lovitch observed that her e-mail from residents was supportive of construction, but was skeptical of Wi-Fi. She urged the Superintendent to sell vigorously the educational and practical advantages of Wi-Fi in public appearances. She said she had read in some media that “the school board does what they want to do.” She said the public should know the Board studied the bond decision very carefully and the facilities committee worked very hard on analyzing the needs.


 


The district authorized the bond  to execute $4.1 Million of improvements at Ridgeway( $114,432 for Wi-Fi); $3,434,634.07 at George Washington School ($150,528, Wi-Fi); $2,086,459.63 at Mamaroneck Avenue School ($145,024 Wi-Fi); $500,837.97 at Church Street School ($164,064, Wi-Fi); $146,000 at Post Road School ($96,000, Wi-fi); $6,885,262.04 at Highlands Middle School ($857,856 for Wi-Fi); $5,325,502.29 at White Plains High School ($1,945,410.56 for Wi-Fi); $2,833,828.59 at Rochambeau School ( $408,320 for Wi-Fi).


 


The largest expenditure  is $22,571,947.23 targeted for a redo of  Eastview School (including an $18.7 million renovation of the building, and $600,960 for Wi-Fi. It is worth noting that the new Post Road School cost the district $38 Million five years ago, and two football synthetic turf fields,  $9 Million five years ago.


 


In a news release issued Wednesday afternoon, the district said “$200,000 will be used to upgrade elementary school playgrounds and (a total of) $4.8 Million will add WiFi capability to the schools.”


 


Teacher Evaluation Program approved by the state


 


The Board adopted an Annual Professional Performance Review program, after hearing Dr. Lenora Boelert, Assistant Superintendent for Human Resources, take the Board through the new complex evaluation system.


 


Superintendent Clouet noted that the State Education Department had notified White Plains it is one of twenty schools that has had their Professional Performance Review Program approved as a pilot program this year. Clouet voiced the optimism that  this would qualify White Plains for state grants in implementing the program, and also qualify it for any increase the district might receive in state aid next year. Clouet  said the state called the White Plains pilot progrsm “solid,” and they “praised it.”


 


Boehlert said the new program will evaluate teachers through classroom observations twice a year through their first nine years with the district. Tenured teachers  in their tenth year would only be observed in the classroom once. Teachers would be evaluated on four categories and in any areas where they are judged ineffective, they would be given a Teacher Improvement Program.


 


New Teachers would be personally observed in classroom action four times in their first year; three times in their second year, and twice in their third (the decision for tenure) year.



 


If a tenured teacher is judged overall to be ineffective, they would have two chances to appeal, with the Superintendent having the final say as to whether they would be removed via the state 3020A process which is now under review by the state. The number of classroom evaluations by administrators of teachers would about double from 10 a year to 35 a year,Boehlert said.


 


The program will be presented in detail to teachers in a presentation, Clouet said. (Editor’s note: this is a rough description of the new teacher/principal performance program, and there are many layers to it which will be explained in detail to the teaching corps) Ms. Broderick said this is a PILOT program, and because it is a PILOT program and mandated by the state, it did not have to be presented for a union vote.


 


A similar program has been devised for Principals of White Plains Schools.


 


Boehlert told WPCNR that it is most likely that tenured teachers would improve their performance and not ever reach the 3020A stage. As White Plains Teachers Association President, Kerry Broderick observed, “If I’m judged ineffective two years in a row, I want to know what is my administrator doing.”


 


WPCNR asked Dr. Boelert if the new Assistant Superintendent for Human Resources designee would be familiarized with the program Boelert, Gordon and Broderick created. She said yes, “she’s on board.”


 


Previously


Previously, on WPCNR, Seiler said work would begin on Eastview next summer, with the rest of the schools completed by the beginning of the 2015-16 school year.



He said it has not been decided yet whether to finance the full amount next year, or break it up into three offerings. He said that once the resolution was passed August 28, the project had to be sent to the State Education Department for approval.



Seiler said that this should hold the district for about 5 to 6 years before any more major maintenance expenditures requiring another capital project is required.


 



Seiler said previously all buildings would be equipped with Wi-Fi capability, but the cost of that had been whittled down to $4.2 (now $4.8 Million) Million from an original $6 Million, by paying for some of the equipment through operating budgets.


 


 


The School District issued a news release Thursday announcing a series of 5 Bond Referendum Informational Hearings:


September 11: The Council of Neighborhood Associations, Education House, 6:30 P.M.


September 19: Public Meeting and Tour Eastview Building, 7 PM


September 27: PTA Council Meeting, Education House, 7:30 P.M.


October 4: Informational Meeting, Ridgeway School, 7 P.M.


October 9: Rotary Club

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Southwest Yonkers Advised to Keep Boiling Water

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WPCNR HEALTH BULLETIN. AUGUST 28, 2012:


A boil water advisory issued Monday by the Westchester County Department of Health for southwest Yonkers will remain in effect at least through Thursday. From 50,000 to 70,000 people are in the affected area.


The boil water advisory was issued yesterday as a precaution to protect from potential contamination caused by ground water infiltration into water mains as a result of the reduction in water main pressure caused by a water main break.


Once the City of Yonkers completes repairs to the water main, water will be flushed from the mains through some fire hydrants in the area. Once that flushing is completed, the Westchester County Department of Health and the Yonkers Water Bureau will take water samples from 21 locations throughout the affected area, at the earliest tomorrow. Those samples will be tested at the Westchester County Laboratory in Valhalla and at the City of Yonkers Bureau of Water’s Laboratory for coliform bacteria.


There is a 24-hour turnaround time for the bacteriological testing. The county health department will lift the advisory once sampling results are satisfactory.


Residents and businesses in the area south of Ashburton Avenue to the New York City line between the Hudson River and the Saw Mill River Parkway are strongly advised to continue to boil their water before drinking it or using it to prepare food, as a precaution, due to a major water main break in Yonkers on Monday.


A boil water advisory means that residents in the affected area are strongly advised to boil all tap water at a rolling boil for a minimum of one minute prior to drinking it or using it to prepare food, wash dishes by hand or brush teeth. The advisory does not extend to bathing, washing clothes or using a dishwasher.


Restaurants, delis, bodegas and all food service establishments in the affected area must continue to boil water before serving it or using it to prepare food.


The water main break occurred on Monday when a state contractor working on the Saw Mill River Parkway accidentally broke through a 30-inch City of Yonkers water main that runs under the Saw Mill River Parkway near the McLean Avenue exit in Yonkers.


Updates on the repairs will be provided by the City of Yonkers as they become available.

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Legislators Claim Astorino Administration Running $29 M Deficit

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WPCNR COUNTY CLARION-LEDGER. From the Westchester County Board of Legislators. August 27, 2012:


 During his presentation of the 2012 2nd Quarter Forecast today, Westchester County Budget Director Lawrence Soule stated that unfunded salary and benefit costs associated with new contract agreements and a loss of revenue from securitization from the tobacco settlement were key components of a staggering $29.7 million deficit the county is facing.



The 2nd Quarter report was delivered this morning to the Budget & Appropriations (B&A) Committee of the Westchester County Board of Legislators (BOL). Especially frustrating to the Democratic committee members was that significant portions of this newly discovered deficit were included in the initial budget requests made by the County Department of Corrections and Public Safety.


“The Astorino Administration broke the law when it withheld the departmental requests from the Board of Legislators during the budget process,” said White Plains Legislator Bill Ryan, a B&A Committee member. “They hid important financial information that would have given us a clear picture of what we would need in 2012. The County Charter requires that the departmental requests be part of the county executive’s proposed budget. Now, the Board of Legislators—and county taxpayers—have been blindsided by eighteen million dollars in added costs, and the Administration stands at fault.”


These departmental requests were modified by County Executive Robert P. Astorino’s Proposed 2012 Budget, preventing the BOL from analyzing department requests versus the County Executive’s recommendations. Recently, the departmental requests came to light, thanks to a Freedom of Information inquiry after a BOL subpoena.



 




Concluded Ryan: “The Astorino Administration is running a twenty-nine million dollar deficit, and the next thing we’ll hear is that they have to make massive service cuts to cover the mistakes.”



When the 2012 County Budget was adopted and signed into law, there were no projected deficits and a 0% rise in the tax levy. Not only was the $18 million in salary and benefit costs not included in the budget presented to the BOL, but the Administration confidently listed $12 million in revenue from tobacco securitization, which the County is not going to receive.



In contrast to the 2nd Quarter Report last year, Soule noted that, net of the tax levy difference, the County was projecting a $6 million deficit—and sounded the alarms significantly enough to cause Moody’s Investors Service to place the County on a negative watch.



Today, though, Soule said there was “no reason to hit the panic button”—even in light of two major financial gaffes by the Budget Director and Administration that are resulting in a $29.7 million deficit, nearly five times larger than last year’s 2nd Quarter forecast.



“The piper will have to be paid,” said Soule today during his report, and acknowledged that he was hoping to identify spending cuts that can be proposed to the BOL.



“This Administration kept us in the dark about the contracts it was negotiating and did not request any added funding for two departments that were going to need it,” said Legislator MaryJane Shimsky (D-Hastings-on-Hudson). “On top of that, it relied on twelve million dollars of non-existent revenue. It’s time for the Administration to quit playing politics and present to Westchester residents a factual and transparent budget.”



One bright spot in the 2nd Quarter forecast is that the Department of Social Services (DSS) is projecting $7.9 million less in expenses and a $2.8 million return to tax levy. This demonstrates that there is more than adequate funding in DSS to retain the parent share at 20% for child care subsidies for low-income working parents.



“Today’s presentation makes it clear that the Administration will try to correct some of its budget deficit by dipping into the Social Services surplus, which is just heartbreaking,” said Legislator Catherine Borgia (D-Ossining), chair of the BOL Government Operations Committee. “Our human infrastructure investments in programs like public health and child care are right for Westchester. These programs should not be a place where we look to fix a structurally unbalanced budget. To put it simply, budgets should not be balanced on the backs of children and hard-working families.”

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Castelli Forum Asks Questions That Need to be Addressed on Spending

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WPCNR ALBANY ROUNDS. From Assemblyman Robert Castelli’s Office. August 27, 2012:


Assemblyman Robert J. Castelli today hosted close to 30 local business, education and industry leaders at a forum at the Harrison Town Hall to discuss the continued need to deliver unfunded mandate relief to local governments, school districts and taxpayers, along with the urgency of creating more private-sector jobs in the Lower Hudson Valley.  


“Westchester County taxpayers are tired of paying the highest property taxes in the nation, and a full 90 cents of every county property tax dollar goes to Albany to fund state mandates,”  Castelli said. “I am pleased to join with local taxpayers and business leaders to say ‘enough is enough’ to Albany’s practice of forcing Westchester County taxpayers to foot the bill for state government mandates.”

Unfunded mandates occur whenever state government tells local governments and school districts to do something, such as implement a new program, expand a service or even build a new school, yet provides zero funding to pay for it. New York’s largest unfunded mandate on municipalities each year is Medicaid spending, which has an $8 billion price tag in the current Fiscal Year. New York’s combined federal, state and local spending on Medicaid is the highest in the nation at $54 billion; the Empire State spent more than California and Florida combined.

“We gathered business and community leaders at the Harrison Town Hall today to ask them three important questions: Should New York institute a state spending cap? Should there be a moratorium on unfunded mandates on local governments and school districts costing more than $10,000 annually or $1 million statewide? And how can we support local businesses so they can create and retain quality jobs in our communities? I look forward to taking their ideas and concerns to Albany to fight for lower taxes, unfunded mandate relief and a better business environment in the Westchester,” Castelli continued.

Forum participants included John Ravitz, Executive Vice President of the Business Council of Westchester, Sergio Brasesco of Emilio Ristorante, Amy Allen and Dorothy Forcina of the Westchester County Association, Alexander Roberts of Community Housing Innovations Inc., Mark Jaffe, Presdient/CEO of the Greater New York Chamber of commerce, Michael Schiliro, Vice President of CMS Bank, Norm Michaels, President of Michaels & Assocites, Deborah Patterson of Con Edison, and Mary Ann Luna of the United Way of Westchester and Putnam. Participants discussed strategies to deliver unfunded mandate relief as well as create and maintain private- sector jobs in the Lower Hudson Valley.

The Steering Committee, a public policy vehicle for the New York State Assembly Minority Conference, is a strong voice for private-sector job creators and improving New York’s business climate. The Conference’s “Taxpayer Protection and Mandate Relief Act” (A.8447, Kolb) would cap state spending, prohibit any new unfunded mandates on local governments and school districts and require the Governor to submit an annual plan to repeal unfunded mandates.

 “Unfunded mandates and runaway cost increases in state spending result in the same thing – higher taxes and fees for our small business owners,” said Assemblywoman Jane Corwin (R, C, I – Clarence), chair of the Steering Committee. “The Westchester business owners we spoke with today gave us valuable feedback on the most efficient, effective ways to help them create more jobs, right now.”


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Should County Add Bicyle Lanes to Parkways? Step Away from the Bicylce, Sir.

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WPCNR PHOTOGRAPH OF THE DAY. By the WPCNR ROVING PHOTOGRAPHER. AUGUST 27, 2012:


An enterprising bicyclist decided to take the direct route north in Westchester County which this reporter believes prohibits bicyclists and pedestrians. Nevertheless, this intrepid cyclists noting the usual 2 mile standstill of northbound traffic going intothe Cross County parkway interchange, choose to peddle the Hutchinson River Parkway northbound.


He was doing very nicely until the ever-vigilant Westchester County Police swung into action and pulled the biker over.The unique, alert pull-over occurred at 5:44 P.M.Sunday afternoon on the Hutchinson River Parkway and was captured by the ever-alert companion to this reporter,Brenda Starr.




A Westchester County  Police patrol car responded to the intrepid cyclist interloper, the police officer, maneuvering carefully on the paved shoulder, approached, lights flashing pulling the cyclist over.Perhaps he only gave the bicyclist a warning. Photos by Brenda Starr on the Brenda Phone, the WPCNR Roving Photographer


 


Kirin O’Leary of the Westchester County Police said the bicyclist could have been issued a summons for driving a “restricted vehicle” on the parkway. O’Leary said that it is a New York State Law that restricts bicyclists from using parkways. He was checking to see what the penalty if any, is for riding a bicycle on a county highway. O’Leary said bicyclists could ride from the Bronx to the Putnam County border on the County Trailway that begins in Yonkers


 


Brenda wonders since bicyclists do not require a Bicylers License (now there’s a revenue -raiser to ease the new Tappan Zee Bridge toll!), and bicycles do not require bicycle license plates (Governor slaps forehead! Why didn’t I think of that?), and bicyclers will be accommodated on the new Tappan Zee Bridge, regulation of bicyclists, bicyle registration, and a Bureau of Bicycles are idea whose time is now.

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Settlement with Teachers Not Settled Yet.

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BREAKING NEWS!


EXCLUSIVE!


TEACHER NEGOTIATIONS in END GAME


NO SETTLEMENT YET


TEACHERS: AREAS STILL REMAIN TO BE WORKED OUT.


Mediator attempts to Bring Sides Together


 


WPCNR SCHOOL DAYS. WPCNR EXCLUSIVE. August 24, 2012 UPDATED 6:35 P.M. E.D.T. UPDATED SATURDAY AUGUST 25, 2012 UPDATED MONDAY, AUGUST 27, 2012:


The head of the White Plains Teachers Association, Kerry Broderick, told WPCNR Monday morning that a tentative settlement has not been officially reached with the City School District.


Ms. Broderick, in a written statement wrote WPCNR:


“There is no settlement.  Both sides have worked hard for a settlement, but  a couple of areas remain difficult to resolve.

 

We are working with the mediator to provide a recommendation for both parties.  When we receive the recommendation, both sides will present to the respective negotiation teams.





 



When decisions are made, I will be sure to let you know.  I don’t expect any decisions until late this coming week.


White Plains Superintendent of Schools, Dr. Christopher Clouet in a statement to WPCNR Saturday confirmed he had reached an agreement on a new contract with union leadership with ratification by union membership the next step. Asked about length of contract and details, Clouet wrote


“I cannot have union members reading about the details in the media, before they have a chance to read the agreement and react (and hopefully ratify).

The Board will be briefed in executive session at Tuesday’s meeting.

I envision being able to discuss the specifics during the first week of school.”


The Superintendent issued this statement late Friday afternoon, indicating agreement had been reached;


“Very close.Still requires union ratification and Board approval.”


A session with a mediator Thursday had not yielded a settlement between White Plains teachers and the city school district yet. A source involved in the negotiations told WPCNR they would return with the mediator today and were “very close,” and that has come true.





 

 


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County Yields to Court Demand for Mandatory Sec 8 Acceptance Law in Affordables

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WPCNR COUNTY CLARION-LEDGER From the Westchester County Department of Communications. August 24, 2012:


In a news release Thursday, Westchester County said it would move ahead to reintroduce legislation that would require owners of affordable housing to accept Section 8 Vouchers without question. The County Executive had previously refused to consider such legislation.The county faced a possibility of being charged with contempt of court.


This move comes after a county appeal still not decided, of the Housing and Urban Development directive to do so as part of a housing settlement in the Astorino administration ongoing fight against HUD positions on the the county’s settlement on providing 750 units affordable housing.


County Executive Robert Astorino outlined the county’s dispute with HUD on constitutional grounds Wednesday evening before over 100 persons in a Town Meeting in White Plains.


The release details the reasons for moving ahead with the Section 8 mandatory acceptance legislation. The County Executive is also fighting HUD on its demand county cities and towns remove all restrictive zoning.


The release:


 


      


    ” As part of Westchester’s ongoing efforts to comply with the federal affordable housing settlement, County Executive Robert P. Astorino today sent a letter to the monitor in the case stating how the county would comply with an Aug. 10 order by U.S.  District Judge Denise Cote.

            In the letter to James Johnson, the monitor, Astorino makes the following points:


·        The county is well ahead of schedule in meeting the benchmarks for building the 750 units of affordable housing required in the 2009 housing settlement signed by former County Executive Andrew J. Spano and ratified by the Board of Legislators.


·        The county believes its appeal before the U.S. Second Circuit Court of Appeals will vindicate its position that the federal government’s demands go far beyond the terms of the settlement.


·        The county’s actions continue to demonstrate its compliance with the terms of the settlement.


           


            “Our case continues,” Astorino said. “The arguments we have made to the Second Circuit Court of Appeals are strong and grounded in the principles that are fundamental to our Constitution. While I think it would have made much more common sense for the government to wait until the Second Circuit rules in the case, the District Court has told me to move forward on source of income legislation and I am compelled to follow the order of the judge.”


            The letter to Johnson addresses the three points in Judge Cote’s order: reintroduction of source of income legislation, followed by analysis and signing of the legislation.


·        On point one, the county executive will submit a letter to Board of Legislators Chairman Ken Jenkins by Aug. 31, asking him to have the board reintroduce the prior source of income legislation that had been before the board.


·        On point two, the administration will provide information and assist the board in analyzing the impact of the legislation.


·        On point three, the county executive will wait to see the final legislation before making a determination of whether he will sign it because its content will not be known until then.


 


            The last point is at the heart of the county’s legal case. The county maintains there is nothing in the settlement that requires the county executive to sign source of income legislation – the agreement says only that he must “promote” it. In addition, the county believes the source of income requirement expired in 2009 because legislation referenced in the settlement was “currently” before the board at that time.


            “To compel an elected official to sign legislation sight unseen and to give up his or her responsibility to vote his conscience goes against everything our country stands for,” Astorino said. “We don’t think the settlement says that, and that is one of the issues we are fighting in court.”


            Astorino has taken a principled stand against source of income legislation because he believes it would take away the rights of property owners and hurt the prospects of building affordable housing. At the heart of the legislation is the requirement that property owners must accept Section 8 vouchers as rent. The program now is voluntary. If made mandatory, every property owner offered a Section 8 vouchers would be required to accept it and be bound by all the rules and regulations and potential fines attached to the program.


            Astorino stressed, “I will continue to abide by all lawful orders of the Court in effect at any given time.”


            The 2009 housing settlement requires the county government to take steps to ensure that 750 units of fair and affordable housing are built in 31 so-called “eligible,” or mostly white communities.


            Just this week, the county exceeded the two key benchmarks for the end of 2012; it has in place 130 building permits and secured financing for 207 units. The settlement required 125 building permits and 200 units with financing by the end of the year.

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Nassau County Court Strikes Down MTA Payroll Tax as Unconstitutional

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WPCNR COMMUTER REPORTER. August 22, 2012 UPDATED AUGUST 23, 2012:


Reuters reported this evening that Nassau County Supreme Court Judge Bruce Cozzens ruled on Wednesday that the MTA payroll tax was unconstitutional, reasoning in part that the tax only applies to 12 counties in the state.


Reuters reported the MTA in a statement, said four previous lawsuits challenging the constitutionality of the payroll tax had been dismissed. “We will vigorously appeal today’s ruling,” the authority’s statement said.


By limiting the tax to Nassau County, New York City, and the ring of suburban counties that lie north of the city, including Dutchess County, the legislature signaled that it was not “a substantial state concern” but instead a special law, Judge Bruce Cozzens, a state Supreme Court judge in Nassau County, said in his ruling.


Westchester County Executive Robert Astorino issued this statement: “This is good news for Westchester County and its municipalities. The MTA payroll tax is essentially an unfunded mandate from Albany.  In this case, we were allowed to challenge it. We did.  And now we’ve won an important victory with the court’s decision that this unfair burden on taxpayers was unconstitutional.”


Robert Castelli, Assemblyman for the 93rd Assembly District,representing 3/4 of White Plains, issued this statement:


“Since being elected, I have fought for a full repeal of the onerous MTA payroll tax, a forensic audit of the agency, and legal and legislative action to see this mandate done away with,” Castelli said. “This year we repealed the tax for schools and 80% of small businesses, and now the Courts have fully eliminated this unconstitutional tax once and for all.”


A spokesman for the state senate majority leader, Dean Skelos, a Republican who represents Nassau County, said, “Senator Skelos has always maintained that the MTA payroll tax, which was imposed by the Democrats without a single Republican vote, was an unfair and onerous tax on jobs that never should have been implemented in the first place.”


 

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BOL Demands Independent Review of Playland 2012 Books. Data Challenged

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The Midway at Playland


WPCNR COUNTY CLARION-LEDGER. From the Westchester County Board of Legislators.(Supplemented by WPCNR) August 21,2012;


A resolution for an independent audit of Playland, the 280-acre amusement park and beach facility owned and operated by Westchester County, received approval today by the Westchester County Board of Legislators (BOL) Government Operations Committee and will now be set for a full vote at the BOL’s next regular meeting on September 10.



The resolution, was supported only by the Democratic legislators on the committee. The call for an independent audit implies that administration reports of Playland being 10% off in revenues has left out important sources of revenue.


In midsummer, Astorino gave legislators a grim report. He even told CBS Radio “Cash strapped Westchester losing $3 to 5 Million a year on Rye Playland is no longer going to be an option,” and that trend in losses is likely to continue. A decison on the park future will be made in September.






In those reports the Board of Legislators learned that Playland attendance this summer is down 5.6% (mid-July) and revenues down 10.6%.



Last week, Legislator Catherine Borgia and two of her colleagues—Judy Myers (D-Larchmont), chair of the BOL Budget & Appropriations Committee, and Bill Ryan (D-White Plains), chair of the BOL Legislation Committee—called for an independent audit of Playland because of “troubling inconsistencies and omissions” in the data regarding the park’s attendance and revenue figures being reported by the Astorino Administration.



“Playland looks better than ever this summer, and it continues to be a fun-filled destination for residents and families from around the region,” said White Plains’ Ryan. “The park’s finances could be stronger, however, and my colleagues on the Board and I need complete financial information to be able to increase revenues at Playland and even further reduce the nominal tax levy support it now receives.”



The call for an audit comes about 4 weeks before County Executive Robert Astorino is to report on the viability of RFP proposals to take over Playland.


The resolution authorizes BOL Chairman Ken Jenkins (D-Yonkers) to employ an independent financial firm to audit and review the actual revenues and expenses of Playland along with the current procedures in place to ensure proper and accurate compilation of the data; and instructs the Budget Director and the Commissioner of Parks, Recreation and Conservation to provide the professional auditors with all information and documentation requested.



“This is a thirteen million dollar a year business that deserves a full financial and operational audit so that legislators can make informed decisions about Playland’s future,” said Legislator Catherine Borgia (D-Ossining), chair of the BOL Government Operations Committee. “With this in mind, it is entirely prudent that we start planning for an audit right now.”



The County Charter mandates that the BOL “investigate the official conduct and the accounts, receipts, disbursements, bills and affairs of any office or officer of the county, or of any office or officer of any special county district or other unit of county government, and make such studies or investigations as it deems to be in the best interests of the county,” as well as “employ such…financial or other technical advisers as may be necessary from time to time, in relation to the performance of any of the functions of county government.”


 


 


WPCNR notes the cost of Playland’s deficit, that the Astorino administration has been wringing its hands over for the last 2 and a half years, apparently did not stop the county from spending $6.7 million (approximately two years of Playland’s revenue shortfalls) to ready the bathhouses for a Children’s Museum and giving that museum a $1 a year lease with no financial resources as yet revealed by the museum’s backers.


 


Ned McCormick, Director of Communications for the County Executive told WPCNR this month that the museum would have to demonstrate their financial resources before the County Committee on Contracts and Acquisitions would approve the lease. If that lease is denied, of course, it would mean the county wasted that $6.4 Million paid to fix the bathhouses that a developer could have paid for.


 



 


 

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