Curbside Leaf Vacuuming is Back! City to P/U Leaves Bagged or Piled at Curb

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. September 29, 2009: The Common Council reached a consensus Tuesday evening to reinstate curbside leaf pickup of loose, free-standing piles of leaves  on the edge of the owner’s property but not in the street,  once every two weeks. The reinstated much-loved curbside pickup will begin October 13 and end December 1.


 



Mayor Joseph Delfino asking the Council for a consensus to reinstate curbside pickup.


 


Residents who choose to bag their leaves will have their bags of leaves picked up beginning October 13, and enjoy that pickup once or twice a week through December 10. The cost the council agreed to spend to bring back both services to the residents: $275,000.


 


Responding to over 200 phone calls to city hall today alone (according to the Mayor) and hundreds of e-mails and phonecalls on the issue, all seven of the council agreed they had made a mistake requiring residents to bag leaves as the only way leaves could be collected by the city. 


 



Councilman Tom Roach exhibiting how The Town of North Castle (Chappaqua and Vicinity) announced its leaf-bagging policy via postcard. Roach and Councilperson Malmud called a prompt mailing to explain the new policy adopted Tuesday night to White Plains residents.


 


Common Councilpersons Tom Roach, Rita Malmud and Dennis Power all admitted  the bagging leaves policy announced in August via the city’s annual garbage collection pickup calendar,  was poorly communicated to the population of the city. Consequently,  they would return to the traditional curbside pickup this fall, in addition to the leaf bag method. It was not indicated that a curbside pickup of leaves would be continued next year at this time.


 



A mix of residents and media made for a better-attended-than-usual work session.





After the council had agreed verbally to go with the Leaf Bagging/curbside pickup mix, the Mayor said that Commissioner of Public Works Joseph Nicoletti could begin the process of hiring the 17 part-time workers needed (at $10.85 an hour, according to Nicoletti) to implement the double-barreled leaf policy.


 


Councilman Tom Roach explained to the CitizeNetReporter  after the meeting that the leafing pickup could not be privatized unless all persons doing a particular task were fired, and since union personnel used for leaf pickup also execute other sanitation tasks other than leaf pickup, this was the reason why the leaf operation could not be immediately privatized.


 



 


With Commissioner of Public Works Joseph Nicoletti at the podium answering the council questions, they learned that a sum of $275,000 would enable a mixture of curbside pickup and leaf bagging pickup to be executed using 17 part-time workers.


 



 


Edward Dunphy, the city Corporation Counsel said that the city was allowed by state law to hire part-time workers without having to include medical benefits, but that the city had to pay the required share of unemployment when the 17 were let go after leaf season.


 


Nicoletti announced that persons on file looking for full-time positions with the DPW were not interested in coming back for the part-time jobs. Nicoletti  said  he had some concerns about the quality of the part-time workers he was looking at hiring, saying “They’re not the same as having full-time city workers doing the work that we are accustomed to.”  He was concerned about absenteeism and part-timers sometimes starting, but not returning to the job. He said he would be attempting to hire former DPW retirees back for the part-time positions. Persons interested in working to pick up leaves partime should contact the White Plains Personnel Office at 914-422-1257.


 


 Asked if he would look at hiring incarcerated persons for the part-time work, Nicoletti said “no,” (though WPCNR would like to point out, the county uses prisoners in the county jail to cut medians on county highways, most notably on North Street outside White Plains High School, while school is in session.)


 


Asked if he was confident he could “staff up” in time for leaf pickup “opening day” on October 13, Nicoletti said, “We will give it our best shot.”


 


Nicoletti said the new part-time staff would have to be trained, and supervised by veteran DPW personnel on their “leaf runs.”


 


Nicoletti advised the council that bagged leaves (using biodegradable city leaf bags, available at the price of 10 for $5 at the city dump) would be collected at least once a week and possibly twice beginning October 13. Vacuuming of leaves would take place about four times (over the 8 weeks), since, Nicoletti said it takes two weeks for the entire city to be vacuumed by the traditional curbside pickup method.


 


Vacuuming would cease as of December 1, in order that trucks used for leaf pickup could be converted to handle the threat  of early December snowstorms, while leaves in bags would be picked up through December 10.


 


The legislation approving the new leaf policy, including expenditure of $275,000 from some source, will be on the agenda October 5.


 


Councilman Glen Hockley pointing out he had been for keeping the curbside pickup and bagging service in place from the start, said the main issue here was where the money was going to come from.


 


Councilman Benjamin Boykin suggested to the Mayor that the $275,000 could come from the Reserve for Financing.


 


That will be written in to the legislation restoring the $275,000 to the budget to pay for the additional curbside service.


 


 WPCNR notes that the cost of the previous full-time curb pickup service and bagging was $875,000 according to Mr. Nicoletti. The cost of the present reduced service using part-timers is $275,000. Had the city supplemented with part-time persons alone for the last 12 years the Delfino Administration has been in office, the city would have saved $7,200,000, or $600,000 a year, the equivalent of 1/4% in the sales tax.


 

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Fire Breaks Out on McBride Avenue.

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WPCNR POLICE GAZETTE. September29,2009 UPDATED  September 30, 2009 UPDATED WITH CAUSE OCTOBER 1, 2009: The White Plains Fire Department responded to what was reported as a kitchen fire at 14 McBride Avenue Tuesday morning. WPCNR is seeking details from the Department of Public Safety on the incident. WPCNR understands no one was hurt and that the fire began in the kitchen and spread.


Deputy Commissioner of Public Safety Daniel Jackson told WPCNR the fire was brought under control within 20 minutes.


Thursday morning, Commissioner Jackson reported the cause of the fire as follows: “The cause of the fire has been determined to be accidental caused by combustible material left too close to a light fixture. There was work being done on the house. It was not “under construction.” The accidental fire has not been attributed to the work being done at the residence. “


 


 


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Paine to Pain Marathon This Saturday Starts in New Ro

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WPCNR SPORTS. September 29,2009: The Paine to Pain Trail Half-Marathon starts this Sunday, October 4th, at Paine Cottage in New Rochelle. Paine to Pain – the longest trail race in Westchester County – made its debut last September when the Colonial Greenway was dedicated. The Greenway is a massive figure-8 with over 20 miles of trails, incorporating many Westchester communities that nestle Long Island Sound.
The Paine to Pain Trail Half-Marathon starts this Sunday, October 4th, at Paine Cottage in New Rochelle. Paine to Pain – the longest trail race in Westchester County – made its debut last September when the Colonial Greenway was dedicated. The Greenway is a massive figure-8 with over 20 miles of trails, incorporating many Westchester communities that nestle Long Island Sound.

 

Hosted by the local Sound Shore Runners and Multisport Club, the 13.1 mile race starts with a gunshot from a colonial musket at 9 am from the Thomas Pain historical site off North Avenue. The course proceeds up the Leatherstocking Trail past Larchmont into Mamaroneck, runs through Saxon Woods, and returns down the Hutchinson River Trail through Scarsdale and Eastchester before finishing on the New Rochelle High School track. The finish line is across the street from the start. Approximately 12 of the 13.1 miles are on dirt paths and in the woodlands.

Last year’s  race received strong positive feedback from both runners and local officials, leading organizers to make this an annual affair.  The race quickly grew from 50 runners last year to 200 pre-registered this year. Runners will descend on the course from throughout the tri-state area.


New Rochelle Mayor Noam Bramson, who held the finisher’s tape for the men last year and will again this year, said, “Pain to Paine is fast becoming one of the New York area’s best – and most distinctive – racing traditions.  We are delighted to host a spirited competition that brings together so many outstanding runners, and we are delighted also to show off the beautiful parks and trails of the Colonial Greenway.”


Mamaroneck Town Councilwoman Nancy Seligson, who held the finisher’s tape for the women last year and will again this year, said, “I’m thrilled to have the Second Annual Paine to Pain on the Colonial Greenway trail. The race highlights how unique the trail is and brings runners from all over to experience it. We’re proud to have the Colonial Greenway in our community.”

Last year’s winner for the women’s division, Deirdre Coupe Hopkins (Greenwich, CT), who is returning to defend her crown, said “What an adventure!  I grew up in Westchester so it was a blast to come back and run in familiar places – including my childhood friend’s backyard! Terrific support along the course and the track finish was very cool.” 


Men’s division winner Gerry Sullivan (White Plains, NY) is also returning, and was no less exuberant, saying, “The best part of the Paine to Pain is the trail itself.  Being able to race through 13 plus miles of woods while never leaving Westchester is awesome.  The fact that more people don’t know about this gift of the trail is a crime.   Finishing on the track is awesome too.  Feels like we’re having our own little Olympics out there.” 


Given the unique nature of the race, and the lack of any comparative event in the New York metropolitan region, organizers see this as a signature sporting event for the region in the years to come. The race has already attracted strong and private and government supporters that have co-sponsored the race.

 

Sponsors of the race include:

City of New Rochelle


Town of Mamaroneck


Village of Scarsdale


County of Westchester (Parks and Recreation)


Sound Shore Runners and Multisport Club


The Turkewitz Law Firm (NYC)


Westchester Road Runner (White Plains)


Breaking the Tape Productions, LLC (Harrison)


JanMar Trophies (New Rochelle)


Café Mozart (Mamaroneck)


Robeks Smoothies (New Rochelle)


Weichert, Realtors, House & Home (Riverdale)


Jessie Solorzano, Licensed Massage Therapist (Rye Brook)

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Council to Kill Leaf Bagging, Shorten Leaf Pickup Season.$3.8 M Deficit Running

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. September 25, 2009: The Common Council tonight heard two suggestions from Commissioner of Public Works, Joseph Nicoletti which they will take up Tuesday afternoon at 6 PM to reinstate curbside leaf pickup that White Plains has enjoyed in the past. The plan under consideration will cut the leaf pick up season off at December 1, and rehire ten full-time workers on a part-time basis and reinstate 7 part-time hires at a cost of $275,000 to execute curbside pickup, as opposed to spending $850,000 to return to the service in place (full curbside leaf pickup by the city) for twenty five years.


 


The Council  learned from its Commissioner of Finance that the city was looking at a $3.8 Million shortfall in the current 2009-10 budget at this time, but that it was early in the year, and a rebound in the second quarter could tell a different story financially. The council.set a public hearing on the sale of 4 Cromwell Place; transferred $2,0000 to specific Police, Fire, CSEA and Teamsters, and Benefits accounts; entertained a request by the owner of 1133 Westchester Avenue for a 3 year site plan extension. It also had an executive sesson on a series of small property certiorari settlements, the amount of which was not disclosed.


 





Commissioner of Public Works Nicoletti told the CitzeNetReporter the full-time workers tentatively to be  hired back on a part-time basis would be paid Civil Service wages. The part-time hires would be hired at a regular hourly rate. He said if the Council agreed to the plan, he thought he could hire the full-time workers needed for a shortened 7-week pickup season, scheduled to begin October 13 and end December 1.The workers hired back to work full-time would be laid off at the end of the leaf season. Nicoletti said he needed Corporation Counsel Edward Dunphy’s approval to do this.


 


The council all agreed it was a good idea to go to the bagging system eventually, but due to what Dennis Power said was the strongest reaction on any issue he had received in his twenty years memory as Council member in the early 90s and the last three years, and what Thomas Roach described as an issue where he has  taken some 40 calls, the council (Mr. Power, and Mr. Roach particularly) felt they needed to do a better job of educating the public over the next year to be ready for bagging next fall. Dennis Power and Tom Roach, the councilmen agreed this could be a solution to the public outcry, with a minimum expenditure. The council and the Mayor agreed to return to action Tuesday afternoon at 6 to make the leaf decision.


 


It was also made clear to WPCNR by Mr. Nicoletti that residents could not dump leaves in the roadways of White Plains because it violated the city’s ordinance against “blocking the road.” He did not know what the fine was. If the Council adapts the $275,000-cost, short leaf pickup season Tuesday, bagging would not be required.  About 500 bags have been sold to residents at the Department of Public Works Gedney dump. No refund policy was discussed.


 


WPCNR cautions readers this was a solution in flux, scheduled for further discussion and possible action Tuesday at 6


 


Deficit Budget Pegged at $3.8 Million at this time.


 


In other action, Commissioner of Finance, Gina Cuneo Harwood, said the city was facing $3.8 Million of red ink in the current 2009-2010 budget at this time. She said reports of a $6 Million deficit (based on the first two sales tax collection figures) were premature, saying it was too early to tell the trend. She said if the second quarter rebounded the 11.6% decline in sales tax collections could be reversed.


 


“It’s too early in the fiscal year to do much forecasting,” she said. “We won’t see trends until the second quarter.”


 


She attributed the fall-off to the loss of Filene’s (last August), Fortunoff (last spring), and Circuit City (also last spring).


 


 


 She said she felt sales tax would come in at $45 Million, $2.3 million shy of the 2009-10 forecast. ($47.3 Million was budgeted for 09-10 sales tax collections.)  “We don’t have real actuals (at this time) for the first quarter,”  that hard numbers would be in for Quarter 1 October 23. The Mayor observed the city has an opportunity to fill the vacant space before the end of the year.


 


Harwood  did reveal that county reports Septmenber Mortgage Tax down 56%  September to September,from $1.3 Million in September 08, to $626,000 this September leaving the city $1 Million off forecast there unless housing sales picked up. Building permits were off $600,000. Parking Department revenues were 10% off so far, and projecting at $18 Million instead of the budgeted $19 Million,


 


Hotel Tax was projected based on the number of hotels in the city which appeared larger than expected as bringing in $400,000 to $500,000.


 


 


Expenses she said were as budgeted, “no surprises.”


 


This adds up to about an $3.8 Million off the expected revenues:


 


-$2.3M Sales Tax


-$1   M Mortgage Tax


-$1   M  Parking


+ $500,000 Hotel Tax


_________________________


 


$3.8 Million Running Deficit


 


Harwood said there would be no increase in the pension contribution in the 09-10 budget year, but did say there would be one in 2010-11, as reported by WPCNR earlier this week. She did not project what that increase might be, though it should be 11.9% for New York State Employee Retirement System workers and 14% for Police and Fire employee wages.


 


The Council expressed no suggestions that the current budget must be cut at this time.


 


Kensington to begin construction first of year.


 


Susan Habel, Commissioner of Planning brought good news on the Kensington assisted living project, as the council set a public hearing at the October 5 Common Council meeting to designate 4 Cromwell Place as desinated developer of that lot.


 


She said the last hurdles had been met, that Kensington LLC had the Department of Housing and Urban Development backing for insuring their loans, and had secured a Construction Manager and submitted a construction plan, with construction beginning in the new year coming up.


 


Benjamin Boykin told WPCNR that the buyers of 4 Cromwell Place paid the city $1.7 Million for the property, which the city had purchased from Westchester Legal Aid Society for $2.9 Million to facilitate building of the recently opened (2008) Longview Avenue garage to provide parking for White Plains Hospital Medical Center and the Kensington Assisted Living Project.


 


Robert Weisz Requests 3 Year Site Plain Extension


Because of Financial Market.,


 


Robert Weisz asked the Common Council for a 3 year site plan renewal of his planned hotel and office building addition to his 1133 Westchester Avenue property approved last year. Weisz said it would help him two ways: giving him enough time to obtain financing in a credit market he told the council was beginning to loosen but was still taking babysteps. Weisz said he had recently refinanced loans for $120,000.  He also said it would give him better negotiating ability with hotels and businesses be allowing him a three year window to allow for a company to analyze and approve any possible deal.


 


Rita Malmud worried that this might be precedent setting. Thomas Roach said that the council should preserve its right to be discretionary and explore longer term site plan windows depending on the client. Benjamin Boykin agreed that the council should look at granting longer than one year site plans in the future.


 


The Weisz request coincidentally comes three weeks after the Common Council gave White Plains Hospital Medical Center  a five year site plan approval to get the hospital campus makeover under way for similar financial reasons.


 


Surprising the Mayor


 


The council surprised the Mayor be introducing amendments to a resolution that specifies where $2 Million being transferred from the Reserve for  Financing was to go in the General Fund in the 2009-10 budget. The Mayor and Councilman Glen Hockley voted to table the amendments. The Mayor’s motion to table, because he had not studied the resolution or been informed of it by Mr. Boykin,  was defeated by  the votes Mr. Boykin, Mr. Roach, Mr. Power, Ms. Milagros Lecuona and Ms. Malamud. The Council then voted by the same 5-2 to transfer the $2 Million specifically to Police, Fire, CSEA, Teamster and Benefits accounts.  The reason for the transfer was not explained by Mr. Boykin.


 


Just be coincidence, if binding arbitration, currently underway with the police and fire unions results in a 4% wage settlement across the four city unions mentioned in the transfer, that would cost the city $2,340,502  in retroactive pay for 2009-2010. The transfer apparently would cover most of that.


 


The  Mayor was laughing in indignation saying, “for the last 12 years I’ve heard I need more time to study (from the Council).”


 


Surprising the Mayor II.


 


Mr. Boykin then introduced three more resolutions. The Mayor declined to accept them. (In order to introduce a resolution for the first time at a council meeting, it has to unanimous.) Mr. Boyking then called for a special meeting for 8:30 A.M. Friday morning to take up the resolutions


 


The Resolutions transferred $70,000 from the Library Fund Reserve to Retroactive Payments for Fiscal Year 2008-09 liabilities; $50,000 from the Water Fund Reserve to retroactive payments to the waterfund in Fiscal Year 2008-2009; and $5,000 from the Self Insurance Fund Reserve  to the Self Insurance Fund for retroactive payments to record accrued liabilities for Fiscal Year 2008-2009.

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Hiked City/School Pension Contributions to Be Paid in Next Year’s Budgets

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WPCNR ALBANY ROUNDS. By John F. Bailey. September 24,2009 UPDATED September 24,2009 4:30 P.M. E.D.T.: Mandatory contributions to the  Employees Retirement System required of the city and the school districts will affect the 2010-11 City and School Budgets, the press office of the State Comptroller Office confirmed to WPCNR Wednesday, raising city contributions an additional estimated $2.5 Million, and school contributions a projected $4.5 Million. The hit first reported by WPCNR this week, increased budget pressures on both taxing entities.


Emily De Santis advised WPCNR Thursday afternoon that the Comptroller’s Office has suggested that the cities and school districts pay  just 9.9% of the 11.9% the comptroller projects for the pension contributions required of the city and the school districts  to the New York State Employees Retirement System in February, 2011. De Santis reports to WPCNR this would mean the city and school district would pay 83.2% of the total contribution, and defer 16.8% into later years. De Santis says whether or not this “relief” will happen is up to the state legislature which is not in session until next year, barring being recalled to Albany, of course.


The city 2011-2012 contribution to the Employee Retirement System and the Police and Fire Employee Retirement System is due to be paid February 2011, according to Emily De Santis, a spokesperson for the Office of the Comptroller.


Ms.De Santis also advised WPCNR that the state does not set the contribution percentage for the school district contributions, that is set up by the independent New York State Teachers Retirement System that is not administered by the state, (but is reviewed by the state).


WPCNR awaits a response from the TRS to learn what the percentage increase will be for the White Plains City School District.  In this budget year the Teachers Retirement System contribution is due from the district this month, which would indicate the district will be paying the 2011 contribution in September of next year.


Ms. De Santis is attempting to acqure an explanation of how much of the pension contributions may be amortized (postponed to future years), a possibility held out by State Comptroller Thomas DiNapoli as a mercy measure for budget-challenged school districts and municipalities affected by the moribund New York State economy.


The city budget decreased to $158.2 Million in the current year, but faces a possible deficit of over $20 Million due to a soft sales tax start, decreased revenues, and certiorari settlements (that continue to plague the city with no end in cert filings in sight). The school district, in a reversal of nine years tradition, increased this year’s budget only 3/4% with a tax increase of 2.4%, faces an increase in the 2010-11 budget of an automatic 3% before any other budget factors are met like assessment declines, the 5% increase in wages, loss of state aid, and increased debt service.

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Council Meets Thurs. Evening to Take Up Leaf Pickup; the Budget, Cromwell Sale

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. September 23, 2009: The Common Council will meet in a special meeting Thursday night at 6 P.M.


Items of interest are a presentation by the Commissioner of Public Works Joseph Nicoletti on how curbside pickup of unbagged leaves might be achieved, as well as “backyard pickup” that some homes enjoy but others do not; plus an Executive Session on a new round of certiorari settlements; discussion of the city financial position;  the status of the Kensington Assisted Living Facility on Longview and Maple and its pursuit of HUD insurance (now nine months late); and a matter involving 1133 Westchester Avenue.


The sale of 4 Cromwell Place to a medical organization is on the agenda, too. The complete agenda follows:



COMMON COUNCIL AGENDA


SPECIAL  MEETING


September 24, 2009


6:00 P.M.


 


FIRST READING


ORDINANCE:


 



1.                  Communication from the Mayor in relation to an extension of benefits to employees who were called to duty as a result of Executive Order 13223.


 


2.                              Ordinance amending an ordinance entitled, “An ordinance granting compensatory benefits for up to six months to City Officers and Employees who are members of the Armed Forces Reserves and who are ordered to active military duty pursuant to Executive Order 13223 signed by the President of the United States on September 13, 2001, or other duty compelled by Federal or State Law related to the terrorist attacks of September 11, 2001″.


 


RESOLUTION:


 


3.                  Communication from Acting Budget Director in relation to the transfer of funds from Reserve for Financing General Fund to various accounts to record accrued liabilities.


 


4.                              Resolution authorizing transfer of funds from Code No. A002-9.990, Reserve for Financing General Fund to various accounts to record accrued liabilities.


 


 


5.                  Communication from Executive Director, Urban Renewal Agency, in relation to the sponsor designation for acquisition and redevelopment of the reconfigured 4 Cromwell Place located in the East Post Road Phase II Urban Renewal Project, Project No. WPUR-9B.


 


6.                              Resolution of the Common Council of the City of White Plains scheduling a public hearing for October 5, 2009 before the Common Council on the designation of 4 Cromwell Place, LLC, as qualified and eligible sponsor for the redevelopment of the reconfigured 4 Cromwell Place in the East Post Road Phase II Urban Renewal Project, Project No. WPUR-9B.


 


 


7.                  Communication from the City Clerk in relation to a request submitted by Candlewood Restaurant Group LLC, d/b/a Atlanta Bread Company Bakery-Café, located at 220 Main Street, for a waiver of the 30 day notification period required under New York State Alcoholic Beverage Control Law for the renewal of a liquor license.


 


8.                              Resolution of the Common Council of the City of White Plains waiving the thirty (30) day notification requirement set forth in Section 64(2)(a) of the New York Alcoholic Beverage Control Law in regard to an application submitted by the Candlewood Restaurant Group, LLC, d/b/a Atlanta Bread Company Bakery-Café, located at 220Main Street for a renewal of its license to sell alcoholic Beverages. 


 


 


ITEMS FOR DISCUSSION:


 


9.                  White Plains Kensington LLC.


 


10.             1133 Westchester Avenue.


 


11.             Financial Status.


 


12.             Sanitation Schedule.


 


13.              Entertainment of a motion to enter into executive session for the purpose of discussing various tax certiorari.

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In Wee Hours, Fair Housing Deal Approved–2 Hours After Vote Announced on TV

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WPCNR COUNTY CLARION-LEDGER. From County Board of Legislators. (EDITED) with reporting by John F. Bailey.September 22,2009 UPDATED 1:15 A.M. E.D.T. UPDATED 9:55 A.M. E.D.T.UPDATED WITH SETTLEMENT COPY LINK 4:50 P.M. E.D.T. UPDATED WITH COUNTY EXECUTIVE COMMENTS: The Westchester County Board of Legislators has approved a landmark fair housing settlement agreement and Bond act, by a vote of 12-5, the narrowest margin possible for approval.


 The vote occurred at 1:10 A.M. after a recess, following  a series of comments by opponents, though the media were informed  electronically the legislature had approved it two hours earlier, despite the “appearance” of a spirited debate that could go either way, still in progress, two hours later.




Legislators John Nonna, Tom Abinanti, and James Maisano noted that some of the major objections to the settlement were eased by  two letters received from the Justice Department clarified matters that were of concern to the legislators. Nonna said the Justice Department letters noted that if the county failed to meet the goal of 750 units of affordable housing in seven years, due to market conditions, the market conditions  would be taken into consideration in assessing of penalties.


Abinanti pointed out that the county legislature would have say in the implementation of the agreement, (the process of implementation has not been created by the HUD Regulator at this tie). Nevertheless Abananti and Maisano were two of the five legislators who voted against the agreement.


Spano Speaks


County Executive Andrew Spano, author of the settlement, whom Abinanti and Maisano said managed the suit terribly, issued this statement Wednesday:


“I commend the members of the Board of Legislators for their action  to approve the housing lawsuit settlement. They did their due diligence and then came to the same conclusion that I had: that this was the right decision for Westchester. I look forward to working with the legislators and with our communities as we put together an implementation plan. Westchester will be a model for the entire nation in dealing with fair and affordable housing.


 “This housing settlement has no tax implications and will create fair and affordable housing that is sorely needed in Westchester — something that Democratic and Republican county executives for decades have talked about. It also ensures  that the county’s municipalities will continue to receive $15 million in federal funds for infrastructure and other improvements.”


 


Premature Release Faux Pas:


 


An interesting development related to this vote,is that the news release announcing the agreement was released electronically to the media before the vote was taken at 11:49 P.M. just before midnight. 


This was odd, because  debate was still going on in the county chambers at 12:33 A.M. E.D.T.  giving the impression to viewers of the legislative “action” that the outcome was going down to the wire, when the news release  announcing the settlement approval  was received by WPCNR. The actual vote procedure occurred beginning at 1:10 A.M. and wrapping up about 1:45 A.M. this morning.


Editions of The New York Times and Journal News also had extensive reports on the meeting in this morning’s editions, despite the appearing “cliffhanger,” “down to the wire” atmosphere of what appeared to be earnest and anguished and conflicted legislators last night.


Actually the “beat” on this story was earned by NewsCenter 4 which had Chuck Scarborough announcing the settlement on the air at 11:10 P.M.


The legislators were still debating the issue when, “unbeknownst” to them, they had already approved it.


To read a copy of the settlement, click on the following link:  http://meetings.westchesterlegislators.com/Citizens/FileOpen.aspx?Download=Attachments&AttachmentID=2526&agencyname=westchestercounty  


 


 


 The settlement agreement was subject to and conditional upon approval of the county’s Board of Legislators.  The Board had to vote on the agreement no later than this week.  If the Board failed to provide its approval, the agreement would have been null and void, and all parties would have proceeded to trial. 


 “This has been a defining action for this Legislature.  Tonight, the Board took an important step toward expanding access to fair housing in our county,” said Board Chairman William J. Ryan (D, WFP-White Plains).  “Over the past month, we have heard from the Spano Administration, our Counsel, state agency heads and our own residents on both sides of this contentious issue.  After much review, amendment, negotiation and our own internal process of due diligence, we have approved an agreement that truly encompasses all of the viewpoints and concerns expressed by the Westchester legislators.  This action represents a consensus on an agreement that will improve access to fair housing for all Westchester residents.”



The lawsuit, which was originally brought by the Anti-Discrimination Center (ADC), accused the county of making false statements on federal applications about its efforts to integrate housing.  The approved settlement would require Westchester to spend $50 million over seven years to build 750 homes, in areas that are overwhelmingly white and affluent.  During tonight’s special meeting, the following actions were approved:




  • An Act authorizing the settlement of the lawsuit entitled United States of America, ex rel, Anti Discrimination Center of Metro New York, Inc. v. Westchester County, New York.

 A (Bond) Act authorizing the County of Westchester to issue up to Thirty-Six Million ($36,000,000) Dollars in bonds to fund costs related to the settlement of United States of America, ex rel, Anti Discrimination Center of Metro New York, Inc. v. Westchester County, New York.


 An additional Act, which will set forth policies and procedures which must be utilized by Westchester County in furtherance of the commitments established by the Stipulation and Order which settled the federal litigation commenced by the Anti Discrimination Center of Metro New York, Inc. (“ADC”).


 


Over the past few weeks, the Board of Legislators had conducted several public meetings thoroughly reviewing the agreement, involving its outside counsel from Epstein Becker & Green, P.C. and County Attorney Charlene Indelicato, representatives of the Spano Administration, our bond counsel, and State agency heads.  Legislators, also, met with the proposed federally-appointed monitor, James Johnson, and with officials from the U.S. Department of Justice.  “Throughout this process of review, I pledged to the members of the Legislature that we would meet with all relevant parties to get all the information we deem necessary for the full Board to make the correct decision on this matter,” said Chairman Ryan. 


 


Throughout the review of this agreement, the legislators made specific inquiries into the history of the litigation, and what is authorized by the federal False Claims Act; the federal court decision on the parties’ respective motions for summary judgment; changes in HUD policy and expectations; certifications to “affirmatively further fair housing;” HUD acceptance of County submissions; federal government intervention in the lawsuit and the right to settle; fines and fees; the monetary element of the proposed settlement; a monetary cap; rejecting the settlement and proceeding to trial; the risk of an adverse verdict and the damages that could be charged to the County (our internal analysis showing a range of $180 million to $200 million dollars on the low end, and up to $540 million dollars on the high end); possible disqualification from participation in HUD programs and the loss of community development block grant (CDBG), HOME Investment Partnerships Program, Emergency Shelter Grants and other federal funding; roles of the Monitor and the consultant; assessing the County’s “best efforts” and adjusting the obligations concerning the number of affordable AFFH units to be built. 


“This may well have been the most complex matter to ever come before the Board of Legislators and our decision here was one of the most important decisions any legislative body has had to make in the history of this county.  It has been our primary focus ensuring that the members of the Legislature and our residents were fully informed and prepared to make the correct decision for all of the people and taxpayers of Westchester County,” said Chairman Ryan.


 


FINAL VOTE TALLY:


 












































YES (in favor of approval)

NO (not in favor of approval)


Alvarado, Jose

Abinanti, Thomas


Bronz, Lois

Burrows, Gordon


Burton, William

Maisano, James


Harckham, Peter

Oros, George


Jenkins, Kenneth

Rogowsky, Martin


Kaplowitz, Michael

 


Myers, Judith

 


Nonna, John

 


Pinto, Vito

 


Ryan, William


 


Spreckman, Bernice

 


Williams, Lyndon

 


 

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Donations Requested for Iraq Wounded

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WPCNR COMMUNITY. From Volunteer Center of the United Way. (EDITED) September 22,2009: The Volunteer Center of the United Way needs hundreds of volunteers to help alleviate the hunger, loneliness, and emotional suffering that are all too prevalent in this time of economic depression and war. Volunteers are needed for two collection drives: a food drive to help feed the hungry and a drive for care packages for injured soldiers returning home for a hospital stay.


 


On October 24, “Make A Difference Day”, volunteers will staff central collection centers.  Volunteers will also have a chance to help package gift boxes and sort food on this national day of service.


 


For more information on Make a Difference Day and on volunteering, visit The Volunteer Center’s website at www.volunteer-center.org or contact Eridania at 914-227-9313, eridania@volunteer-center.org.


 


Collections will be done from now until “Make A Difference Day”, October 24th when they will be distributed to those in need.



More than 200,000 Westchester residents are at risk of going hungry: 50% of these are children, 36% are seniors who may have to choose between food and medicine. Consider running a food drive with your friends, school, or co-workers to help feed the hungry right here in our neighborhoods.


Many young men and women return from Iraq and Afghanistan physically and emotionally wounded. Doctors and nurses play a key role in their healing process, but we can help too. Running a care package drive in your community will let our injured troops know how much we appreciate their sacrifices.


 


Among the items needed for the wounded veterans are: international phone cards, full size toiletries, hand-held games, DVDs, Wii games, playing cards, gym shorts, and grocery gift cards among others. 


 


Donors can obtain a full list of needed items as well as an updated list of drop-off sites at The Volunteer Center or on the their web site, www.volunteer-center.org. 


  


The Volunteer Center has been inspiring meaningful community change for 60 years and engages more than 15,000 volunteers at over 500 nonprofit agencies in Westchester and Putnam annually. Through a variety of programs and services, the Center encourages people from all walks of life – including businesses, nonprofits, schools, families, seniors and youth — to volunteer and help deliver solutions that address community needs.

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Spano to Khadafy: Not Welcome. Libyan Leader to Stay in Bedford

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WPCNR COUNTY CLARION-LEDGER. From Westchester County Department of Communications. September 22, 2009. UPDATED September 23, 2009: County Executive Andrew Spano  confirmed Wednesday afternoon that Westchester is the reluctant host to Moamar Khadafy, the Head of State of Libya. The County Executive issued this statement: 


 


“We have been told by the Secret Service that at some point Khadafy will be in Bedford. The Secret Service has asked the county police – along with the state police and the town police – to help protect him.


 


“We have no choice but to help with law enforcement, but I remain outraged that our taxpayers have to help protect someone that we don’t want in this county.”


 


Tuesday, the County Executive said the leader was not welcome:


 


“I have heard unconfirmed reports that Khadafy may in fact be staying in Westchester. There is no legal way to prevent this as he is a head of state, despite the fact that he has a long history as a terrorist.  However, from my point of view, he is not welcome in Westchester.” 


Khadafy was reported tonight by News 12 as renting an estate in Bedford, New York.


 


Khadafy is reported to be a guest at an estate owned by Donald Trump, though The Trump Organization has denied this according to news reports.

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City Faces $2.5 M Pension Hike in 2011; Schools, Possibly $4.5M.

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WPCNR ALBANY ROUNDS. By John F. Bailey, and The New York State Office of the Comptroller Press Office. September 22, 2009 UPDATED 6:10 P.M. E.D.T.:  The City of White Plains faces a WPCNR-estimated $2.5 Million increase, (a 7% increase in property taxes)  to $10.6 Million in the city contribution to the New York State Employee Retirement System and the state Police and Fire Retirement System payable in part in 2011-2012, according to new rates issued by the State Office of the Comptroller Tuesday.  The announcement of the new rates was long expected and warned of by the Comptroller’s Office previously.


 


The White Plains City School District will face a projected payment of $12,138,000, an increase of $4.5 Million in Retirement Benefit contributions, if its pension contribution increases at the same rate as the rates applied to municipalities. Those payments from the School District would come due to the state in 2011-2012, and based on present numbers would require a 3% property tax increase. Fred Seiler of the school district said, though the percentages for the school district have not been issued yet by the Comptroller’s Office, the increase would be budgeted for in the 2010-11 budget year.


 


State Comptroller Thomas DiNapoli held out the possibility of cities and municipalities “amortizing” the 11.9% increase in the Employee Retirement System (for Civil Service Employee Association members)and the 18.2% increase in police and fire contribution. The Comptroller’s news release did not provide an indication of how much relief in postponed payments cities could expect.


 


The White Plains City School District pays into the Employee Retirement System and the Teachers Retirement Fund, and those percentages have not been calculated yet by the Comptroller’s Office.  The district is paying 7.63% and 7.90% of its $102 Million in salaries into the Employees Retirement System and the Teachers Retirement System in the current 2009-10 school budget.


 


The news release from the Comptroller’s Office stated the increase in pension fund contributions is required because state retirement fund assets declined in value 26.3% at the end of the state fiscal year, 2008-2009.


 


What this may mean to White Plains.


 


Assuming union increases of 4% retroactive  to this year and in effect next year as a result of voluntary binding arbitration talks, total salaries will top $36.2 Million for the police and fire services at the close of 2010-11, and salaries for the Civil Service Employees Assocation and Sanitation workers, $27.1 Million.


 


Applying the 11.9% increase to the Employee Retirement System contributions from the CSEA and Sanitation union projected salaries, the city would owe about $3.2 Million to the state in 2011-12 .


 


Taking the police and fire handle which by 2011-12 will, based on local average wage settlements approach $36.2 Million (up from $33.5 Million in 2009-10) and figuring 18.2% of that WPCNR comes up with a ballpark figure of $6.6 Million contributed on behalf of the police and fire employees.


 


This creates a total pension fund contribution based on union salaries of about $9.8 Million.


 


 Assuming no increases in Commissioner, elected officers, and managerial salaries, the pension contribution bubbles up to $10.6  Million, $2.4 million more than the city is paying this year. That is equivalent to a 7%  property tax increase in 2011-12 alone, unless the city is able to amortize a portion of it, as Comptroller DiNapoli suggests.


 


Meanwhile, at 5 Homeside Lane


 


Meanwhile over on the other side of town, where the school district has a payroll now of $102 Million that will go up to approximately $105 Million by the end of 2011, assuming the pension fund contributions increase is 12%, the district will face about a $12.6 Million pension fund contribution, up $4.5 Million from the present annual contribution of approximately $8 Million. (In the 2009-2010 current school budget, there is no isolated line stating the current actual contribution,only the percentage of contributions to the State Employees System and the Teachers Retirement System. )


 


The school district would face a 3% property tax increase, assuming property assessments stay the same, if pension contributions in 2011-12 were pegged at 12%– the same as the Employee Retirement System.


 


The State Numbers.(From Comptroller’s News Release)


The New York State Comptroller’s office  announced Tuesday that the employer contribution rates for the Employees’ Retirement System (ERS) and the Police and Fire Retirement System (PFRS) will increase in 2011. The impact of the global recession on the $116.5 billion New York State Common Retirement Fund (Fund) will drive the average ERS rate up to 11.9 percent (up from 7.4 percent in 2010). The average PFRS rate will be 18.2 percent (up from 15.1 percent in 2010).


Despite the Fund’s negative 26.3 percent return for the fiscal year ended March 31, 2009, the Fund remains one of the strongest, most secure public pension plans in the United States, the comptroller’s office said.


“While the pension fund has handled the market collapse better than most other public funds, there is no question that it’s been hit by the crumbling economy,” State Comptroller Thomas P. DiNapoli said. “The Retirement System’s Actuary has determined that employer contribution rates have to increase. In the past, when the market performed well, the rates decreased. Similarly, when the markets perform poorly, the rates have to increase.


Amortization Suggested to Ease the Pain. No details.


“We must give local governments the tools they need to manage through these tough times, and we must enact reforms that will give taxpayers a break. For the short term, I’ve offered a proposal to mitigate the impact of higher contribution rates on state and local governments by allowing employers to amortize a portion of the increased costs over time, which will provide government employers with tens of millions of dollars of budget relief while ensuring the Fund remains strong. I will work with the Governor and the Legislature to address the challenges facing local governments.


“The more difficult challenge is to address the long-term costs. One positive sign is the agreement reached between Governor Paterson, the Civil Service Employees Association and the Public Employees Federation earlier this year. Once this agreement is enacted, it could save state and local governments an estimated 19 percent in future contributions for each new employee. These pension reform discussions need to continue with all parties to help protect taxpayers and the Fund for years to come.”


The Comptroller’s office mailed letters to State and local government employers yesterday, informing them of the contribution rate increase for 2011.


Click here to view the Fund’s historical employer contribution rates.


Mayor’s reaction to rate increase.


Mayor Joseph Delfino was reported by  Aman Ali of The Journal News this morning as having this to say about the Comptroller’s Office pension increases:


“I’m hoping more revenue will begin coming into our communities between now and next year. I’m not saying the recession is anywhere near over. But the trends are looking good, and the comments from Washington are saying that it’s getting better…There’s ways to find money,and people just have to look harder.”

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