Move on Mayor Now? Or wait for Appeal(s) to Complete?

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WPCNR MR & MRS. & MS. WHITE PLAINS POLL. JANUARY 22, 2011:


The Common Council asked the Governor this week to act to remove its Mayor. The Democratic City Committee echoed the request by a  42-19-4 vote Tuesday evening. However Mayor Adam Bradley has vowed to appeal his conviction on attempted assault, Contempt, and three  charges of harassment against his wife.


If the Mayor is removed by the Common Councilby use of City Charter Section 30 (a possibility if the City Board of Ethics finds he acted inappropriately in setting a meeting for a property owner who became his(Bradley’s) landlord last June), or if the Governor removes him, the city may leave itself open for substantial monetary damages if Bradley’s appeal, or possible further appeal is successful.


Should the city and Governor wait launch? Or act  now to remove the Mayor, despite possible future liability? It should noted the governor may launch the state’s own investigation in determining whether to remove the Mayor. Vote in the poll at the right.

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COUNTY SALUTES THE UNDEFEATED STEPINAC CRUSADERS

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WPCNR PRESS BOX. From Archbishop Stepinac High School January 22, 2011:


 



 


Westchester County Executive Robert P. Astorino recently congratulated members of Archbishop Stepinac High School’s Crusaders football team for their 2010 undefeated, 12-0 championship season, a first in the school’s history.  They won both the Catholic High School League AA League title and the annual Turkey Bowl game against White Plains High School. Astorino presented the Crusaders with a proclamation, noting the achievement “brings pride not only to Stepinac but to all of Westchester County.” 



 


Left to right are Westchester Deputy County Executive Kevin J. Plunkett, a Stepinac alum (class of ’67); Stepinac quarterback Tyrell Goodman, named co-state player of the year by the NY State Sportswriters Association; Westchester County Executive Rob Astorino; NFL great Bob Hyland, also a Stepinac alum (class of ’63) and Coach Mike O’Donnell.


 


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Private Sector Employment Slightly Up,behind State and Nation.

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WPCNR Marketplace. From  Jonny Nelson,NYS Dept. of Labor. January 20, 2011:


Private sector employment in the Hudson Valley increased 2,700, or 0.4 percent, to 723,000 for the 12-month period ending December 2010.  Employment gains were greatest in leisure and hospitality (+1,700), educational and health services (+1,500), and professional and business services (+1,400).  Job losses were centered in trade, transportation and utilities (-1,200), manufacturing (-600), and natural resources, mining and construction (-500).  Government shed 4,000 jobs over the year.


 

For the first time since mid-2008, the region’s private sector job count grew over the year in December 2010.  This month’s turnaround was broad-based, with a number of sectors adding jobs.  While this economic rebound is good news for area jobseekers, the region’s rate of private sector growth (+0.4 percent) still lagged growth in the state (+1.0 percent) and nation (+1.2 percent).

 

 

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French American School of New York Closes on Ridgeway Country Club

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The French-American School of New York (FASNY) announced today it has completed its acquisition of the Ridgeway Country Club property in White Plains.


 


FASNY plans to consolidate many of its operations to the 128-acre property over a period of several years. Proposed plans include retrofitting the existing club buildings and adding several new buildings to create a low-density park-like campus.


 


The school also announced that it will hold an Open House for the White Plains community on Saturday, January 29 at the Ridgeway Country Club. The Open House, which will run from 10 am to 5 pm, will provide an opportunity for the community to learn more about the school and its future plans for the property.


 



 


FASNY’s plan for the property would preserve over 60 acres of the site as permanent and publicly accessible open space; restore and enhance the natural conditions of the site; and improve the existing stormwater and drainage conditions of the property. Less than five percent of the site will be covered by impervious surfaces. 


 


William V. Cuddy, Jr., executive vice president, and Budd Wiesenberg, vice president, of CBRE’s Westchester office, handled negotiations on behalf of the Ridgeway Country Club.


 


The French-American School of New York was founded in 1980 to provide a bilingual, bicultural French and American education to an American, French and international student population from nursery school through 12th grade. Today 825 students attend its Pre-School in Scarsdale, its Lower School in Larchmont and its Upper School in Mamaroneck.

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Social Worker Is Stabbed

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WPCNR POLICE GAZETTE. From Department of Public Safety. January 19,2011:


 A social worker was stabbed Wednesday morning at 235 Lexington Avenue,


Commissioner of Public Safety,David Chong reported:


At approximately 1045 AM, we responded to a 911 call to 235 South Lexington ave. Apt 10K  Units arrived and found that a social worker, Francis  Mortenson, age 47 an employee and social worker from St. Vincent’s hospital had been stabbed numerous times while making a home visit. Suspect identified as a Jamile Wilson was arrested at the scene and has been subsequently charged with Attempted Murder 2 and Criminal Possession of a Weapon. The victim is in critical condition at Westchester Medical Center. 

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Lowey Funds $1.9M to rehire 9 firefighters

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WPCNR POLICE GAZETTE. JANUARY 19, 2011:


John Callahan, City Chief of Staff confirmed tonight that Congresswoman Nita Lowey has arranged a grant enabling rehiring of White Plains Firefighters laid off 9 months ago.


According to a news release issued Wednesday, “Congresswoman Nita Lowey announced today that the White Plains Fire Bureau will receive a $1.9 million federal grant which can be used to re-hire firefighers who were laid off at the Bureau.


Lowey remarked: “I am thrilled that the White Plains Fire Bureau will benefit from this federal grant, which will help ensure that we have the personnel necessary to keep our community safe. At a time of high unemployment, I am particularly pleased this federal investment will create jobs in our community.”


The funding is part of the Department of Homeland Security’s Staffing for Adequate Fire and Emergency Response Program (SAFER), a funding initiative designed to strengthen the nation’s ability to respond to fire and fire-related hazards and improve the nation’s overall level of preparedness.

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County Attorney Favors Astorino Tax Levy Challenges Board pf Legislators

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WPCNR COUNTY CLARION_LEDGER. From the Westchester County Department of Communications. January 19,2011:


 


In a formal legal opinion released Tuesday, County Attorney Robert Meehan concluded that the county’s 2011 tax levy currently stands at $555 million. This represents a 1 percent decrease from the 2010 levy and is the amount proposed by County Executive Robert P. Astorino and approved by the Board of Legislators on Dec. 10.


 


In his five-page opinion given to Astorino and Board Chairman Ken Jenkins, Meehan said that for the board’s subsequent proposed levy to go into effect, which amounted to  $548 million or a 2 percent cut, the legislature would have to first override Astorino’s veto of it.


 “Absent an override of the county executive’s veto, the amount of the tax warrants to be issued to municipalities by March 1, 2011 based upon the Westchester County Charter must be based upon the adopted tax levy in the amount of $555,053,491,” Meehan wrote.


            The tax levy is the amount the county government collects in property taxes by sending tax warrants in March to local towns and cities, which in turn send tax bills to their residents.


In vetoing the second tax levy on Jan. 11, Astorino said that the board continued to support runaway spending and was relying on phony revenues and risky one shots, such as spending money put away to settle labor contracts, to balance the budget.


For its part, the board has chosen not to respond to the veto, claiming that the budget was “finally adopted” on Dec. 23 and that the County Charter does not require the county executive to approve the tax levy.


Responding to the board’s contention, Meehan wrote, “There are numerous fatal flaws in these arguments.” The county attorney said that because the tax levy must be set by an act of the legislature, the county executive has the power to veto it just like every other act. He added that the legislature has no authority to take away from the county executive this right to veto the tax levy.    


“The veto authority cannot be taken away by changing the amount of the tax levy by a later amendment and claiming that the county executive has no authority to exercise a veto with respect to that change or amendment,” the opinion states. 


            The county executive said the detailed legal analysis by the county attorney showed that his office had correctly followed the County Charter. “There’s a legal process to be followed and the county attorney’s opinion shows my office followed it,” said Astorino. “The board has every right to disagree with me, but it can’t make up its own rules.”


            It takes 12 votes of the 17-member board to override a veto.  


 

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Historic Common Council Letter to Governor Andrew Cuomo

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WPCNR FOR THE RECORD. JANUARY 19,2011:


Councilwoman Milagros Lecouna has furnished WPCNR with a copy of the letter the Common Council sent Governor Andrew Cuomo of New York Tuesday asking the Governor to begin theinvestigation (details of the procedure the Governor isauthorized to follow  by Section 34 of the New York state Public Law are published in this morning’s story.


Here is a photocopy of the council’s historic letter:



 


 


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City Would Have to Pay Cost of Removing the Mayor

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WPCNR QUILL & EYESHADE. JANUARY 19,2011:


Yesterday, five membersof the Common Council of the city of White Plains sent a letter to Governor Andrew Cuomo asking him to remove Mayor Adam Bradley from office for his conviction on AttemptedAssault,Contempt andthree charges of harassment. The procedure is described under section 34of the New York State Public law.


It calls for the governor toconduct an investigation either independently or through the Attorney General Office and after that is completed to hold a hearing. The cost of the investigation is paid for by the city.


Here is the procedure:


§ 34. Proceedings  for  removal  by governor. 1. In any proceeding for
  the removal by the governor of a  public  officer,  he  may  conduct  an
  investigation  into  the  charges,  and  may take the evidence as to the
  truth of the charges at a hearing for such purpose,  or  he  may  direct
  that  such  investigation  or  hearing, or both, shall be conducted by a
  justice of the supreme court of the judicial  district,  or  the  county
  judge  of  the  county,  in  which  the  officer proceeded against shall
  reside,  or  by  a  commissioner  appointed  by  the  governor,  by   an
  appointment, in writing, filed in the office of the secretary of state.
   


2.  The  governor  may  direct  the  attorney-general  or the district
  attorney of the county in which the officer proceeded  against  resides,
  to  assist  the governor, or the person designated by the governor under
  the  first  subdivision  of  this  section,  in  the  conduct   of   the
  investigation into the charges, and of the hearing into the truth of the
  charges.  If the hearing provided for in this section shall be conducted
  by a justice, judge or commissioner, it shall be held at such  place  in
  the  county  in  which the officer proceeded against shall reside as the
  justice, judge or commissioner shall appoint, and at  least  eight  days
  after  written  notice  of the time and place of such hearing shall have
  been given to the officer proceeded against.
   


3. The governor may direct  the  justice,  judge  or  commissioner  to
  report  to  him  the evidence taken at such hearing, or the evidence and
  the findings of the material facts deemed  by  such  justice,  judge  or
  commissioner to be established. Both in the investigation of the charges
  and  at  the  hearing into the truth of the charges, the governor or the
  person designated by him under the first subdivision of this section may
  require witnesses to  attend  before  him,  and  may  also  require  the
  production of any books, papers, or other documents, deemed by him to be
  material, and shall issue subpoenas for such witnesses for appearance at
  the hearing as may be requested by the officer proceeded against.
   


4.  At the hearing provided for in this section, the officer proceeded
  against and his counsel shall be permitted to attend, but  such  officer
  or  his  counsel  shall have no right to be present at the investigation
  provided for unless the governor or the  person  designated  by  him  to
  conduct  such  investigation  so  directs.  No  evidence  taken  in such
  investigation shall form the basis of any report to the governor by  the
  person  designated  by him under subdivision one of this section, or the
  basis of any determination by the  governor,  unless  such  evidence  is
  presented at the hearing provided for in this section.
   


5. The person designated under subdivision one of this section, or the
  governor,  where  no  person  is  so designated, is authorized to employ
  counsel in any case where the attorney-general or district attorney  has
  not been directed to assist the governor or his designee, as provided in
  subdivision  two of this section, and to employ such personnel as may be
  necessary to assist him in the performance  of  his  duties  under  this
  section.
   


6. If the proceeding be for removal of a state officer, the reasonable
  expenses  incurred in the conduct thereof, including the compensation of
  authorized counsel and  of  necessary  assistants,  in  the  taking  and
  printing  of  the  testimony,  shall  be  paid  by  the  state,  on  the
  certificate of the governor, out of  moneys  appropriated  or  available
  therefor.
   


7.  If  the proceeding be for the removal of a county or city officer,
  the reasonable expenses incurred in  the  conduct  thereof  shall  be  a
  county  or  city charge, as the case may be. The board of supervisors of
  the county, or the board of estimate and apportionment or other board or
  body of the city vested with the power to make  appropriations,  on  the
  requisition  of  the  governor,  from  time  to  time,  shall  forthwith
  appropriate such sum as shall be needed to pay such expenses; and  after
  such  appropriation shall have been duly made, the fiscal officer of the
  county or city, as the case  may  be,  shall  pay  such  expenses,  upon
  vouchers  approved  by the governor, after audit, in the same manner and
  by the same authority as other county or city charges  are  audited  and
  paid.


    8.  A person designated by the governor to conduct an investigation or
  hearing, or both, under this section, who is not regularly  employed  by
  the  state  or  by  a  county  or  city,  shall  be  paid  a  reasonable
  compensation for his services, to be fixed by the governor, and paid  in
  the same manner as other expenses for the removal of a state officer, or
  a  county  or  city  officer,  as  the  case may be, as provided in this
  section.
   


9. All sheriffs, coroners, constables and  marshals  to  whom  process
  shall  be  directed  and  delivered under this section shall execute the
  same without unnecessary delay.
  

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The reality of a 2% Property Tax Cap on White Plains

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WPCNR QUILL & EYESHADE. News & Comment By John F. Bailey (Reprinted from a previous WPCNR column) January 16, 2011: 


“We must stop the crush of local government spending by imposing a cap on rising property taxes. My cap would be two percent or the rate of inflation, whichever is less. Taken together, these steps would be a major effort to right the financial ship of the State.”  That’s what Andrew Cuomo said when he announced his run for governor last year.


Of course it would. It would also force school districts to lay off thousands in bloated staff.


 The legislature has NO interest in property tax reform. Mr. Cuomo, let me inform you that the legislature has such a hand-wringing sensitivity to the property tax payer, but such loyalty to their pals in the legal certiorari lobby that they threw out the Adam Bradley/Suzi Oppenheimer separate commercial tax rate bill that would have taken away the incentive to file certioraris – the main reason property taxes go up across the state.


 


Mr. Cuomo should look carefully at that little play out of the commercial tax rate bill. 


 


 Just ask Senator Suzi Oppenheimer, (head of the State Senate Education Committee, who fully knows what a property tax cap would mean, and favors a circuit breaker), who backed off that commercial rate bill like a spooked jack rabbit when none other than those great reformers, the Westchester County Association propagandized loudly against it. She nearly lost reelection because of it


 


But nobody wants to freeze the property tax rise, Mr.Cuomo.  


 


Nobody even wants to do the math.  However let’s see how a 2 % cap would affect the White Plains District — which already admits to an $8 Million gap.


 



 What will be the magic to turn both houses of the legislature members’ minds around on that property tax issue? Tell us the plan to cloud minds and bend the legislators to your will.  Eliot Spitzer couldn’t do it. The Sheriff of Wall Street quickly became ineffectual. 


 


I hope you can work with them better than he and Paterson have. How will you do that?


 


But, the few voters and perhaps more reporters than this journalist might ask that and look behind the very earnest rhetoric and simple messages and  will want to know how will this happen?


 


Mr. Cuomo I’m sure remembers what happened last year when Governor Paterson wanted to do the same thing—cap property taxes.


 


The Democrats in the state legislature proposed the circuit-breaker so as not to handicap the school districts too much. And nothing got done.  Both proposals were D.O.I. ( Dead-On-Introduction).


 


The legislators never even went through the motions of providing tables of examples on how taxpayers and school districts would be affected.


 


That told me something.There is no incentive. How will Mr. Cuomo get them to wake up and smell the black coffee?


 


However, a little math is in order when proposing a 2% property tax cap. It is dumb. And it has serious consequences as long as certioraris (refunds based on plunging real estate assessments and resulting lower assessments)are not checked.


 


To help you out, Mr. Cuomo, since you know law – but obviously have not beefed up on numbers crunchers who know anything about school district financial problems – here’s what will happen if a 2% property tax cap is slammed on the White Plains School District:


 


 In White Plains this year 2010-11 we are getting a 3.8% property tax hike on a budget the Superintendent of Schools said is the lowest White Plains can run without really affecting the quality of education in the district. 


 


To be limited to a property tax increase of 2% in 2011-12, (Mr. Cuomo’s first budget) the 2011-12 White Plains  budget could only go up $3,501,000 if the 2011 White Plains Assessment Roll remains the same.


 


I have news for our School Board.  The Assessment Roll  is not going to remain the same, and it is not going up either.


 


To cover next year’s (2011-12 budget) teachers 5% raises the district needs about $4 Million. If the assessment roll tanks $3 Million in 2011 – the district will have to pay that 2% to make up the assessment roll deficit and  layoff another 40 teachers. If the district is correct saying it is already $8 Million down — this means, they may have to trim 80 more persons from the payroll.


 


Albany has not thought this out!  And, White Plains is a “well-managed district.”


 


It could be worse. They would actually have to cut the budget $3 Million if the assessment roll declines at its current pace, $3 Million a year dropping  the school budget to $180 Million and dropping, before they handled other increases in costs other than raises.


 


Of course the good people of White Plains could  vote to override the 2% cap. I reckon the district will put through a 7% tax increase to catch up with the expenses,


 


The Governor-is going to have to examine his property tax policy, because few districts around New York State can afford to be held to a 2% property tax hike.

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