Albany Raises Con Ed Sessment 857%, Costing Westchester/NYC Customer s $283MILL

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WPCNR THE POWER NEWS By John F. Bailey April 10, 2009. Consolidated Edison revealed to The  CitizeNetReporter this week that the state legislature voted to increase Con Ed’s Assessment to $283 Million  in 2009-10, which will raise Westchester and NYC area residents utility bills an as-yet-unspecified amount in a few scant months. The assessment must be paid this year.


 


The state assessment is a straight cash payment decreed in the new state budget. Con Ed  is faced with an increase of 857% up from $33 Million the state charged Con Edison this year.The assessment increase affects all utilities’ intra (within) state revenues across the state and pours billions into the state General Fund for unspecified use “related to energy.”


The Con Edision assessment  will raise all Westchester and metropolitan area customers’electric and gas bills an as-yet undetermined amount in your Con Ed or Electric Supply Company bills  this year.


 


 How the charge will be applied will be considered by the New York State Public Service Commission April 21 in Albany at a hearing which may be viewed on the internet at the Public Service Commission website at   http://www.dps.state.ny.us/webcast_sessions.htm


 


The “secret” assessment Revises Article18-A of Public Utilities Law, In S59B, A59 Bills.


 


 The Assessment is a new charge Con Ed customers will be facing  in addition to a possible decision to  increase the Consolidated Edison “Delivery Charge” that could increase that charge on your utility bill approximately 15%, according to Consolidated Edison’s filing and preliminary PSC findings, Jim Denn of the Public Services Commission Press Office confirmed to WPCNR.


 


Con Edison asked last year for a 15% increase in the Delivery Charge, or cost of delivering electricity and gas to their customers, a year later they have asked to increase that original $654 Million request to $819Million in the first year of the increase. The Public Service Commission Legal Judges have recommended a $632 Million increase, slightly less than 15%. On April 21, the Public Service Commission will attempt to split the difference. 


 


A 20% increase in the Delivery Charge  for example, in the current White Plains electric bill where the kilowatt hour electric charge is 7.55 cents, would increase the Delivery Charge for White Plainsians to 9 cents per kwh. On usage of 648 kilowatt hours in a month this would increase your delivery charge to$58.32 this month as opposed to $48.90 – a $10 increase on a light electric month, possibly considerably more in high use summer months.


 


Legislature Changes Up the Utilitity Assessment — Pours Part into General Fund


 


Last year  the state assessment on utilities throughout the state  previously had consisted of  1/3 of 1% of intra (within) state revenues. In the new state budget of 2009-2010 passed with much fanfare by the Governor, Assembly Speaker Sheldon Silver and Senate Leader Malcolm Smith last week, that assessment, formerly simply a revenue raiser to  support the Public ServiceCommission has been divided into two parts, according Public Service Commission spokesperson, Jim Denn, speaking exclusively to WPCNR Thursday afternoon.


 


The Bill, A00159, which included the 857% assessment increase, was passed in the Assembly and passed in the Senate, as S59B. Westchester Assemblypersons Adam Bradley,Richard Brodski, Sandy  Galef and Mike Spano voted for the bill. Only Assemblyman George Latimer voted against it according to the New York Assembly website.


 


Mr. Denn said Part 1 of the Assessment will charge up to 1% of a NYS utility intrastate revenues “for sercices that would go to operation of the Public Service Commission and other related entities.”


 


Part 2 funnels “another 1% (of  a utility’s intra “within” state  revenues) to the state general fund for energy-related purposes.” Mr. Denn could not define “energy-related purposes.”


 


 


Denn said the PSC will determine how the new $283Million Con Ed assessment will be applied to future 2009 consumer bills in the April 21 hearing. When the assessment would be added, and what increment it would add to the customer bill has not been determined.


 


Split between Con Edison and ESCO customers.


 


Bob McGee, spokesperson for Consolidated Edison told WPCNR Wednesday  that the state increased Con Ed’s assessment cost an additional $250 Million, up from $33 Million in 2008-2009.McGee wrote in an statement issued WPCNR Friday morning, “Not all the money Con Edison will be collecting is Con Edison customer money. A portion of it is being collected from ESCO (Electric Supply Companies), so the gross (assessment increase) figure appears to represent 800% or more increase, while for Con Edison customers it’s really a 500%increase.”


 


WPCNR emphasizes that the dollar amount,  whether it is isolated out in the electric bill as a separate charge, included in the kilowatt hour rate, or in the Delivery Charge, and how much per month it will be for the individual customer has yet to be determined by the Public Service Commission. They will consider that April 21. The 500% figure mention by Mr. McGee does not mean the electric or gas bill is going up 500%.


 


 


Impact


 


Mr. Denn  of the Public Service Commission told WPCNR, “At the end of the day, it’s going to impact the rate payer’s bill.”


 


Denn said that since the new 2-Part Assessment was just installed into the budget last week, it was a new issue the Public Service Commission would consider along with Con Edision’s Delivery Charge request, “and how best to accommodate these (new) charges.”


 


 


Meanwhile…back in the State Assembly…Fixed Electric Rates Probing


 


The WPCNR report of the new assessment, the scope of which is to be determined, comes at   the time Associated Press reports today that an Assembly Committee is looking in to alleged “over charging on electric bills and is seeking evidence of conflicts of interests and collusion among New York producers.”


 


Meanwhile…back in the Governor’s Office…Utility Customer Rights Protection


 


The Assembly “investigation” parallels a news release from Governor David Paterson distributed to the media, in which the governor announced “a major consumer outreach effort to remind New York residents who are struggling with utility bills of their rights and “protections” regarding service termination and reconnecting utility services.” That release may be viewed at http://www.ny.gov/governor/press/press_0408092.html.


 

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Bob Fitzsimmons Fundraiser Postponed at WBT

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WPCNR STAGE DOOR. From Westchester Broadway Theatre. April 9, 2009:  The Special Performance to Benefit The Bob Fitzsimmons Memorial Scholarship  Fund previously scheduled on Tuesday, April 21, 2009  has been postponed. We will reissue a Press release when a new date is announced! 

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How Should the Common Council Fund Missing Revenue in 09-10 Budget?

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WPCNR MR. AND MRS. AND MS. WHITE PLAINS POLL. April 9, 2009: Well the $160.2 Million 2009-10 City Budget as hammered out by the Mayor’s Office is in. It predicts a $12.4 Million gap between expected revenues and expenses and suggests various remedies for making up that gap. The budget as is calls for a 4.9% city tax increase upping the city property tax of the average White Plains $650,000 to $700,000 home $134, and the tax on the $450,000 home about $110. However, the budget proposes using $12,400 of fund balance to fund expected arbitrated union settlements and revenue shortfalls from parking, mortgage recording taxes and licensing and permit fees, among other shortfalls based on current trends. What the budget does is fund expected union contracts with money it does not expect to receive, and instead uses fund balance to do that.


If city economy does not uplift spectactularly the city will not have the revenue or the fund balance in 2010-11 to pay the expected union settlements, if revenues remain on the current track. The city needs the revenues (projected at $138 Million for 2009-2010  to  rebound beyond the 2007-2008 level of $141 Million ( which saw the zeneith of the White Plains Renaissance and the highest sales tax ever received by White Plains –$45.7Million) in 2010-11 to find that $12.4 Million in fund balance to break even in 2010-11. The city needs at least $155 Million in revenues to balance the 2010-11 Budget if expenses remain at present levels $148 Million, considering inflation. Is this New York State in microcasm?


Well Mr. and Mrs. and Ms. White Plains what would you do? Tell the Common Council what they should do with this year’s budget — how does White Plains avoid going broke in 2010-11?  You decide from the following suggestions:


1: Property Income Tax Increase to Keep Pace with Expenses:  WPCNR projects that to make up the $12.4 Million deficit in the 2009-10 budget, the council could decree a tax increase of 30% which would generate $57 Million on the present city assessment roll of $285.2 Million. It would be good to make the tax increase this year (even though it is an election year), simply because assessments will decline significantly next year — perhaps as high as $10 Million if past trends are an indicator of what the certiorari lawyers have up their sleeves.


So the time to get a big bang on the tax increase buck –is now.  If the $650,000 to $700,000 home in White Plains faced a 30% tax increase it would lift the tax bill in 09-10 beginning in July from $2,724 to $3,700, a $1,000 tax increase. Of course the council could choose to raise half the amount by property tax (increase of 15%) cutting the tax increase on the average home to $500, and raise it elsewhere. What do you think?


2. Commuter Tax– White Plains could slip a tax on persons living outside White Plains who work in White Plains.  The mechanics of this might be explored. This way the residents of White Plains would be spared a significant (see # 1) tax increase.  Should this be explored?


3. Fire Commissioners and Management: The 37  appointed officials in White Plains earn collectively $5,000,000 — should a large portion of  this staff be asked for their resignations — to save money in 09-10 — allowing the new administration to appoint a leaner city administration?


4.  Lease City Institutions: The budget as published suggests leasing city municipal garages, selling property, and WPCNR suggests perhaps privatizing the City Library…at least NOT spending $600,000 on the window replacements. What do you think about leasing the garages (to bring in an estimated $30 Million up front?)


5. Raise Sales Tax Another 1/4%: The Administration has suggested this as a means of raising the approximately $4.5 to 5 Million in money that would conveniently cover the 2009-10 labor settlements. How do Mr. and Ms. White Plains feel about this option raising the sales tax? (The council has tabled this option until May).


6. Surcharge Penalties for Filing Certioraris. A new wave of certiorari filings for the last three tax years is on the way, if this past January is any indication, especially for commerical properties. Should the city enact surcharge for every certiorari filed, as a cost of evaluation of each challenge? Should businesses collectively in the city be charged a percentage of any settlement (to preserve city services of course), and realtors be charged a fee for homeowners filing certioraris. Just a few suggestions. Anyway should some kind of Certiorari Penalty Surcharge on all businesses be explored by the city to replace lost revenues from assessment reductions.  


 


 

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Business Week Names White Plains Great Place to Start a Business

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WPCNR CITY HALL CIRCUIT. From The Mayor’s Office. April 9, 2009: BusinessWeek announced White Plains as the best city for starting up a business in New York. Using patent-pending technology by ZoomProspector.com, BusinessWeek determined the list using a variety of demographic, business, and geographic variables that impact the probable success of a business start-up.



White Plains Mamaroneck Avenue — the Main Drag from the Ritz Carlton Towers


Due to the current recession, start-ups are an even more important source of jobs and economic growth in cities across the nation.  In 2001, during the last recessionary period, 569,750 new companies were launched in the USA, which is about one every 55 seconds.  During a recession many who are laid off start their own companies instead of working for someone else. 


 


BusinessWeek searched cities across the United States, with populations ranging from 20,000 to 200,000 people, to compile its list of the best place to start a business in each state. “Bigger isn’t always better when it comes to selecting a place to start a company,” according to the article by John Tozzi and that “Startups also found skilled workers—especially younger ones—drawn to the perception of a higher quality of life.”  The rankings were calculated and “The analysis weighed 11 factors to gauge an area’s entrepreneurial climate, including the number of small businesses and startups, the quality of the workforce, how many universities were in town, and measures of innovation such as the number of patents issued and the amount of venture capital invested.”


 


“According to the analysis conducted by BusinessWeek using ZoomProspector.com, White Plains came out as the top place to start up a business in New York,” said Anatalio Ubalde, CEO and Co-Founder of ZoomProspector.com. “BusinessWeek is one of the most respected business publications and this recognition should highlight the economic development efforts in White Plains.”


 


During the past 11 years of his Administration, Mayor Joseph M. Delfino’s vision transformed a dying city into a vibrant, dynamic one through what has come to be known as the Renaissance of White Plains.  “I think we have built a very wide and solid foundation to support growth in every type of business,” he said.  “Our City has been chosen as the site for the first new multi-tenant office building constructed in the County in the last 20 years and when it’s completed, we’ll welcome the business people and entrepreneurs who occupy the building.”


Reflecting on the prestige of his City’s earning the top rank in this national business list, Delfino said, “White Plain’s Renaissance has brought luxury high rise residences and world-class corporations, shopping, restaurants and art to White Plains.  It makes sense that start-ups are attracted to a City that literally re-started itself.” 


 


With demographic and geographic data on every city in the United States, ZoomProspector.com is a growing source of information for businesses, individuals and the media. ZoomProspector.com allows companies to find the community that best matches its commercial real estate needs, workforce needs, target customer base, and infrastructure requirements, among other requirements. Much of ZoomProspector.com’s data is viewable on the site’s integrated and interactive online maps, and visitors can quickly perform national, county and city searches through a few clicks of the mouse. ZoomProspector.com is a free-to-use service, and was recently named as one of the Top 10 Websites of 2009 by Planetizen, the #1 website for city planning and development professionals. ZoomProspector.com, and its parent company GIS Planning, Inc. are also the official partner of the International Economic Development Council, and serve over 180 economic development organizations nationwide, including a majority of the 50 largest cities in the USA.


 


The BusinessWeek article, written by John Tozzi is available online at http://www.businessweek.com/smallbiz/content/mar2009/sb20090327_385972.htm.    The profile of demographic and business data for White Plains is available at http://zoomprospector.com/CommunityDetail.aspx?id=18787&f=1. 


 


For more information on the rankings and report contact:


 


Anatalio Ubalde


GIS Planning Inc. & ZoomProspector.com


Direct: (415) 294-4771


ubalde@gisplanning.com


 


For more information about economic development in the city of White Plains, contact:


 


Melissa Lopez


Coordinator of Economic Development and Public Information


914-422-1411


mlopez@ci.white-plains.ny.us

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Financial Train Wreck: City Blows Through $23 M in Reserves in 2 Years.

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WPCNR CITY HALL CIRCUIT. By John F. Bailey. April 7, 2009: The 2009-10 City Budget released last night to the Common Council paints a picture of city cash reserves depleting significantly in less than a year.  Substantial additional revenues, it reports need to be created “through sale of city assets, cost savings and privatizations.”


 


Preserving the fund balance at the current $17.7 Million of reserves, if done by tax increase only have to  raise city property tax by 30%. The 09-10 proposed budget  increases taxes 4.9% but only cuts the budget by .06%


 


Unless city revenues recover significantly  by about $12 Million  in 2009-10, the proposed 2009-10 budget will see the White Plains “rainy day fund,” its fund balance decline to $5.3 Million, according to the budget book. 





The city bank account  stood at $28.4 Million at the close of 2007-2008 at “the height” of the White Plains “Renaissance.” If the revenue projection holds steady,  the city will have only $5.3 Million  in the bank to fund the city payroll increases anticipated in 2010-2011, analysis of the budget indicates, and would be forced to raise taxes by 30% then, pending revenue recovery.


 


The budget says additional revenue sources amounting to $50 Million can be achieved and it expects to achieve them by


 



  • Selling additional taxi medallions
  • Sale of Towing Medallions
  • Commercial Fire Inspection Fees
  • Sale of Firehouses 4 (currently headquartering the Police Emergency Services Unit) and Firehouse 5, on  Robertson Avenue in Battle Hill.  Both houses are inactive. 
  • Establishing an Industrial Development Agency (though Councilman Dennis Power commented Monday evening, that might only generate $2 Million revenue, based on his knowledge of the County IDA.)
  • Dual residential and commercial property tax rates “to stem the tide of property tax challenges.”
  • Leasing of 2 parking facilities (Galleria Garage and Library Garage)
  • Hotel Tax of 3% (sitting in the state legislature, awaiting possible passage)
  • An additional ¼% sales tax increment.

 


Stimulating a Discussion


 


According to a reading of the city budget,  a copy of which could be acquired only this morning by WPCNR, the city answer to a predicted $10 Million deficit calculated for the current budget year 2008-2009,  is: “While the City will likely finish the 2008-2009 fiscal year with a deficit approaching $10 Million, there are sufficient accumulated financial reserves to absorb this financial shortfall.” In view of that statement, this means the fund balance dips to $17.7 Million going into 2009-10.


 


The budget poses the question that it is up to the Common Council in dialogue with the administration to decide whether this is prudent policy, stating “The following forecasts (of fund balance use) are not absolutes, but are provided to stimulate a constructive discussion of the City’s overall economic position as the Common Council reviews the proposed budget.”


 


The Scenario


 


The city is predicting a $12.4 Million deficit in 2009-10 predicting revenues of $136.1 Million against expenses of $148.5 Million, their answer: decrease the city budget $990,117, even though the City Commissioner of Finance was predicting $4.6 Million in lost revenue a month ago.  


 


The city is raising the property tax 4.9% and that “reflects the amount of revenue that is required to be generated from the City’s assessment roll to balance the City’s budget after all other revenues have been included.”  The city cites loss of assessments to have cost the city $1.3 Million in revenue.


 


Should the revenues not recover in 2009-10, the city is hedging by dedicating $12.4 Million more in fund balance into the budget just in case: “The total appropriation of  fund balance in the proposed fiscal year 2009-10 general fund budget is $12.4 Million…Given the extent of the economic downturn, significant utilization of undesignated fund balance is not surprising.”


 


City Bets Revenues Will Not Be Worse.


 


In order not to touch the fund balance, the revenues projected at $136.1 Million ($44.1 Million in property taxes and $47.3 Million in sales tax plus $17.1 Million in services charges and $9.4 Million in government revenues)  will have to rebound beyond 2007-08 levels ($141 Million).


 


The city is cutting a stated $990, 717  from the 2008-09 budget.


 


Budget not set in Stone: for Discussion.


More Tax Increase Up to Council.


 


The copy in the 2009-10 budget says  the decision of increasing property taxes beyond 5% in the hands of the Common Council.


 


WPCNR predicts that to run a budget that keeps the remaining $17.7 Million fund balance intact by taxes alone, the Common Council needs to authorize an additional  29%  property tax increase.


 


Here’s our Math Lab Report: If you take out the fund balance budgeted for 09-10: $12.4 Million, you have to replace it.  If you do it through the property tax only , you need to raise the city’s projected tax rate of $154.70 per $1,000 of assessed value to $198 per $1,000 of assessed value based on current projections.


 


Tax Increase  would have to push 30% to Make Up the Projected Deficit


 


That impact of preserving fund balance through property tax increases alone would be significant on the $650,000-$700,000 priced home in White Plains. That home’s city tax would go from $2,724 in 2008-09 to $3,658, a $934  property tax increase.  


 


The $400,000 home, assessed at 15,000 would pay $2,303 in city tax under the 4.9% increase proposed by the Mayor’s budget. That same $400,000 home if the council chose to preserve fund balance and pay off the deficit with a tax increase of 30%  at the $198 per $1,000 of assessed value would pay $2,970. a $91 increase.


 


The Mayor’s Budget Book detailed $990,717 in cuts on a $161.6 Million 2008-09 budget.


 


Cuts Proposed Short of $4 Million Goal


 


Those cuts include a $615,392 cut in the city contribution to the Library Operating fund.


 


The city will cut $100,000 of funding to the White Plains Performing Arts Center. It is not clear whether the city will cease paying the operating costs of the center.  (The Center is now scrambling to find sources of funding to keep it performing, according to its  operator,  White Plains Performing Arts Center, Inc. )


 


Over $700,000 of the Mayor’s $990,117 of cut is being born by the Library and the Arts Center. The Mayor is telling the various city departments to reserve 5% of their budgets and not spend it, pending revenue pace in the next year.


 


The $990,117 falls some $3 Million short of the savings the Mayor was asking four in mid-fall.


 


The city uses the fund balance to pay projected union contract raises in the amount of  $6.1 Million in the Reserve for Financing. The city has decided to go to binding arbitration with the police and fire unions, perhaps conceding to a settlement in line with recent settlements around the area, about 3.75% to 4% for 09-10 and 2010-11.


 


 


 


 


 


 


 


 

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Mayor Cuts Budget — But Raises Taxes 4.9% to Counter Assessment Loss, Fund Bal.

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WPCNR COMMON COUNCIL-CHRONICLE EXAMINER. By John F. Bailey. April 6, 2009: Mayor Joseph Delfino submitted a $160.2 Million budget to the Common Council this evening at 7:31 P.M. The budget is down $990,000 from the current year’s budget, but increases taxes 4.9% in order, according to an authoritative source close to the budget, to replace fund balance and replace losses due to decreased assessments. The tax rate increases from $147.47 per $1,000 of asssessed valuation to $154.70. The WPCNR source said the budget is a starting point and a basis for mutual decision-making between the council and the administration, which could change considerably by “Decision Night.”



Budget’s here! Councilman Tom Roach holds up the long-awaited “mystery budget.” The effect of the Mayor’s budget  on the average $650,000-$700,000  home in White Plains increases that home’s city tax from $2,724 to $2,858, a total of $134



A person familiar with formulation of the budget said that the total cuts made to date by the administration, which have not been formally reported by the administration, remain in place in this first version of the budget. The source said it does not allow for any arbitrated settlement of the police and fire unions, but that that would be covered by the Reserve for Financing. Actual detail of the budget strategies were unavailable  because copies of the budget were not distributed to The Journal News, The White Plains Times, or WPCNR which were in attendance.


The amount of the budget was not announced by the outgoing Mayor  (according to him, in his last nine months of office) to a citywide television audience, and the Mayor made no remarks about the budget or what he expected moving forward.


The administration source close to the decisionmakers  (the budget was prepared by Acting Budget Director David Birdsall without consultation with the Common Council) told WPCNR that the budget was intended to be a working document with the Common Council and the administration “working together” to hammer out a final budget. “There are a lot of budget meetings scheduled,” the administrator said.


In budget related action,


The Council voted unanimously to request the state legislature to grant White Plains its own Industrial Development Agency and to allow White Plains to create separate tax rates for commercial and residential property as is enjoyed by New York City and Nassau County. The Council tabled the Mayor’s suggested of an additional 1/4% sales tax (which if enacted could result in about $5 to $6 Million in additional revenue for the city which would fund union raises of about 3% across the board.


3 Year Site Plan Extension Proposed


In another development, Robert Weisz the developer, owner of 1133 Westchester Avenue requested a three year extension for starting his 1133 Westchester new hotel and office building, due to the economony. Councilpersons Rita Malmud, Dennis Power and Tom Roach agreed this had to be looked at carefully because, as Malmud put it, it created a “precedent.”


Budget Cut in line with White Plains Week Projections.


Weeks ago, the WPCNR television show White Plains Week, if the city budget remained at the $161.7 Million level  that to replace the loss of revenue from assessment losses alone ($800,000 in revenue), the city would have to raise the tax rate to $151 per $1,000 of assessed value to replace just the revenue lost from assessments.


Without a copy of the new budget we cannot see what the extra revenue being generated by the additional $4.70 per $1,000 the Mayor’s budget is going to (perhaps towards replacing fund balance


That Mr. Birdsall raised it another $3.70 indicates he is expecting a shortfall in city revenues of only $1 million, $3 Million less than the Commissioner of Finance predicted two months ago, when she forecast declines in sales tax, mortgage tax, fines, building permits and fees would be down about $4 Million.


Crossing fingers on revenue.Recovery don’t fail me now.


Should revenues decline $3 Million the tax rate, WPNCR reckons will be $165 per $1,000 of assessed valuation if made up purely be tax increase. If revenues decline to $6 Million, you are talking $175 per $1,000 of assessed valuation; $9 Million, $185/$1,000 of assessed valuation, and $11 Million, $188 per $1,000 of assessed valuation.


The point is if the city and Common Council expects binding arbitration to  result in union settlements of 3% and 4% over the next couple of years (the region average in union settlements according to Joseph Carrier, head of the White Plains Professional Firefighter), then even though the union settlements are covered by the reserve for financing, those settlements have to be covered in 2010-11 with taxes. A 4% increase in the 2010-11 with negotiations pending for 2011-12 (at that time )could straing the city tax base, especially if assessments drop another 3% ($8 Million a year) each of the next two years.


The city reliance on fund balance to bail out the wage settlements can only work for next year and the next, because assessments may be expected to be depleted even more  by an expected surge in certioraris due to two straight years of a vulnerable equalization rate


Budget Buffs: Souvenir copy of the 2009-10 Budget just $25.


The Mayor said the budget would be online at the city website by the end of this week. He said it was viewable at the White Plains Public Library and at the City Clerk’s Office. It may be purchased for $25 at the city Budget Director’s office.


 




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Batman, Ioris Vow WPPAC Is Not Closing.

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WPCNR STAGE DOOR. April 6, 2009: John Ioris, Chairperson of the White Plains Performing Arts Center, Inc., the community group which operates the White Plains Performing Arts Center, and Jack Batman, formerly Executive Producer, whose contract expired one week ago have issued the following statement through O & M Agency, their public relations firm in New York City this afternoon on the status of the theatre which Mr. Ioris has described as in desperate need of financial contributions in order to stay in operation.



 “White Plains Performing Arts Center is categorically not closing.  We are in the process of reevaluating our production requirements and will make an announcement later this week.:” Statement  issued Monday from John Ioris, right, and Jack Batman, left, (shown in April 2008) on the future of White Plains Performing Arts Center.


Phillip Carrubba, spokesperson for WPPAC, contacted by WPCNR,  and asked if Mr. Batman would be staying on with the theater as Executive Producer, perhaps on a consulting basis, told WPCNR he “believed so.”


Last week the Executive Committee of White Plains Performing Arts Center, Inc., met to discuss the financial considerations the WPPAC faced if it were to remain in operation. At the time, Mr. Ioris denied that the WPPAC staff had been dismissed, and said that Mr. Batman’s role with the theater had not ended, saying “he’s still with us.”

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Oppenheimer: ALBANY Stopped Westchester Cuts. Confirms STAR EXEMPTION Cuts

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WPCNR ALBANY ROUNDS. From State Senator Suzi Oppenheimer’s Office. April 6, 2009 (EDITED):  State Senator Suzi Oppenheimer (D-Mamaroneck) announced passage of  the New York State budget including highlights of restorations important to Westchester residents.


Senator Oppenheimer stated, “With the passage of the most difficult state budget since the Great Depression we have adopted a plan designed to address the closing of a $17 billion budget shortfall primarily caused by reduced revenues and the declining economy.”


The Senator’s News Release confirms WPCNR’s exclusive report last week on the continued cuts in the STAR BASIC and ENHANCED EXEMPTIONS, which will cost Under-65 Homeowners and Over-65 Homeowners $250 AND $407 in increased property taxes, though Senator Oppenheimer’s release does not reveal this detail.


Senator Oppenheimer is the first state representative to report the state tinkering with the STAR EXEMPTIONS, though she does not state the EXEMPTIONS will be cut 11%, as reported by WPCNR.


 



The Senator’s news release states on the STAR shenanigans:


An action taken in the budget to help property taxpayers was to reject the proposal to reduce the benefits of the STAR exemption program (WPCNR notes this was originally proposed by Governor Patterson to be an 18% cut). This budget proposal would have reduced STAR by $190 million statewide and harmed Westchester property taxpayers more than any other county. I (Senator Oppenheimer)  was not pleased that another proposal, to eliminate the rebate check portion of the STAR program, was included in the adopted budget.  This bad news is tempered by
the fact that the larger STAR exemption program remains in place (WPCNR Note: the STAR exemption program cuts both BASIC and ENHANCED STAR assessment reductions 11%, instead of 18%.)


The budget solution included over $5 billion in budget cuts, the use of federal dollars targeted at avoiding layoffs, and difficult new taxes aimed at supporting funding for local schools, hospitals, and nursing homes.

Despite tough reductions throughout the budget we were able to secure some important victories for Westchester. Most notably in state aid to education.

The budget proposed in January would have cut formula funding for Westchester schools by almost $44 million including the freezing of reimbursement for expenses such as building, transportation, and BOCES that school districts had been promised. As Chair of the Senate Education Committee I was able to play a larger role in the budget process on key issues affecting our schools.

Instead of the proposed cuts to school aid we restored state aid to last year’s levels and made sure that the expense related reimbursements to school districts were not frozen. Westchester schools will receive an increase in total aid of over $35 million when federal special education aid is included.


The Federal Stabilization Legislation for Education made funds available to states  to make these restorations possible. The decision, as part of the budget process, to use these funds to directly replace the cuts in state aid to each school district, was of great importance to Westchester
schools.  Other proposals to use the federal funds in different ways would not have restored cuts to Westchester as fairly.


Other changes in the education budget important for Westchester are:

We rejected the budget proposal to shift some costs of pre-school special
education to school districts.

We restored most of the funding cut to local libraries, $10.6 million
statewide.

Funding for literacy and bilingual education important to Westchester
programs was restored.

We restored funding to regional Autism Centers including the center based
in our county at the Westchester Institute for Human Development.

Funding was restored to Project Transition, the displaced homemaker program
at Westchester Community College.

Restorations to Westchester education programs will help maintain class
size, quality programs, and restrain higher property taxes.



Health care remains one of the largest portions of the state budget. The impact of proposed cuts in this portion of the budget directly impacts hospitals, nursing homes and home health care providers in Westchester. The legislature enacted statewide reforms that will reduce health care costs by shifting the focus to community based primary care, restored $1.3 billion in health care funding to help institutions, and adopted $2.3 billion in savings proposed by the Governor. Special efforts were made to assist Westchester institutions including Westchester Medical Center and Blythedale Children’s Hospital. The budget will continue to pose difficult challenges for all health care providers.

Through the efforts of the Westchester delegation in each house, two of Westchester County’s biggest budget priorities, restoring state funding for the Westchester Parkway Police and for the office of the Medical Examiner, were addressed with restorations.

State aid to municipalities was maintained at last year’s level. Transportation funding to municipalities through the CHIPS program was slated to be reduced in the proposed budget.  Instead we will use federal stimulus funds to restore that aid to municipalities, leaving it level with last year. Both of these actions help to reduce new pressures on the property tax.

Senator Oppenheimer concluded, “Faced with declining revenues experienced by every state in the country, New York has adopted a budget that mixed budget cuts, funding restorations, and tax and fee increases to address the budget gap. None of the choices were easy, nor happily negotiated. There are aspects of the adopted budget that would not be of my choosing. At the end of the day I am pleased with the changes we were able to make for Westchester given the historic challenges presented by this budget in these difficult times.”

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Councilman Hockley Considers Two Paths to Extending His Political Career

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WPCNR CAMPAIGN 2009. April 6, 2009: Councilman Glen Hockley,  officially denied the nomination to run again for his Common Council seat by the Democratic City Committee Nominating Committee last week, will hold a fundraiser Tuesday evening at Prophecy Restaurant from 6 to 9 P.M.



Mr. Hockley told WPCNR Friday he was considering running for either Mayor of White Plains (Hockley is shown getting acquainted with Republican Candidate  for County Executive, Rob Astorino above) opposing Adam Bradley or for County Legislator in District 5 contesting White Plains Bill Ryan, the Chair of the County Legislators for Mr. Ryan’s seat.  Photo Courtesy, Carl Albanese


Ironically, a Hockley-Bradley race either in a Democratic primary or the general election, would find Mr. Hockley running against the man who put Mr. Hockley on the Council in 2002 when Bradley defended Mr. Hockley from a Special Election runoff in the 18th District against then-incumbent Councilman Larry Delgado. An election machine had jammed, throwing the results of that district in doubt. That case went all the way up to the New York State Court of Appeals and made election law history in New York denying courts the right to call for a Special Election. To this date, no effort has been made to overturn that decision by altering the election law spelling out how to handle an election count that has been determined not to have counted all cast votes.


It has been pointed out that technically the Democratic Party has not denined Hockley the nomination, because Mr. Hockley did not  submit his name for nomination to the Nominating Committee. However, Hockley’s challenged to district leaders last year all but assured he would not be the “People’s Choice.”


It is the third time in eight years that Democrats have become so disenchanted with the performance of Democrat Councilmembers that they have denied them the oppportunity for reelection to their seat. Bill King in 2003, Arnold Bernstein in 2007, and now Glen Hockley in 2009.

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Secret Budget Delivered Tonight.

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. April 6, 2009: The long-awaited 2009-2010 city budget will be delivered tonight to the Common Council, but to date no one knows whether the city will deliver a cut but budget down from the current $161.7 Million spending level; or whether it will roll-over (to about $167 Million).


With the news reported by WPCNR Friday that the city has gone to binding arbitration with the city’s police and fire unions, the odds are now looking at the budget being higher than $161.7 Million rather than lower, with the other unions, teamsters and CSEA following the settlements dictated on the police and fire contracts. The outgoing (at this time, since the Mayor has decided not to run for reelection), has chosen not to reveal any details on the budget until the council receives the document this evening.


In other action, the council may or may not untable the resolutions to ask the state legislature to reclassify White Plains Real Estate into two classes, commercial and residential for the purpose of separate assessment, and to request an extra 1/4% sales tax to help pay for the expected 3% to 3.75% union contract settlements possibly to come.


The Agenda:


April 6, 2009
7:30 P.M.


PLEDGE TO THE FLAG:             Hon. Milagros Lecuona


INVOCATION:                             Rev. Edward Williamson
                                               Bethel Baptist Church

ROLL CALL:                                           City Clerk

EMPLOYEE OF                                Bhavana Pahwa
OF THE MONTH:                           Youth Specialist II
                                                               Youth Bureau

ADJOURNED
PUBLIC HEARING:


1.       Public Hearing in relation to the application submitted on behalf of 1133-300/1133-399 Westchester Avenue LLC, (“Applicant”) owner of property known as 1133/1135 Westchester Avenue (Section 131.20, Block 1, Lot 1.1) containing environmentally sensitive features, for (A) a one (1) year extension of the previously approved amendment to the Special Permit/Site Plan for a four (4) story extended stay hotel granted by the Common Council by resolution adopted November 7, 2007; (B) an amendment to the aforementioned previously approved Special Permit/Site Plan for the construction of a new office building on the same property at 1133/1135 Westchester Avenue; and ( C) an application for a Special Permit for same under Sections 3.5.5 and 6.7.27 of the Zoning Ordinance of the City of White Plains to permit the utilization of the permitted building coverage percentage on that portion of the site which is located in the C-O (Campus Office) Zoning District.


2.                 Communication from City Clerk


PUBLIC HEARING:


3.       Public Hearing in relation to the application submitted on behalf of Prophecy for a one (1) year renewal of a Special Permit to operate a cabaret at 15 South Broadway.


4.                 Communication from          City Clerk


5.                                                            Commissioner of Building


6.                                                            Design Review Board


7.                                                            Commissioner of Planning


8.                                                            Planning Board


9.                                                            Commissioner of Public Safety


10.                                                          Commissioner of Public Works


11.                                                          Commissioner of Traffic


12.                                                          Traffic Commission


13.                                                          Commissioner of Parking


14.                                                          Conservation Board



 


15.     Public Hearing in relation to the application submitted on behalf of the MAK Restaurant Corp. for a one (1) year Special Permit to operate a cabaret at Elements located at 161 Mamaroneck Avenue.


16.               Communications from        Commissioner of Building


17.                                                          Design Review Board


18.                                                          Commissioner of Planning


19.                                                          Planning Board


20.                                                          Commissioner of Public Safety


21.                                                          Commissioner of Public Works


22.                                                          Commissioner of Traffic


23.                                                          Traffic Commission


24.                                                          Commissioner of Parking


25.                                                          Environmental Officer


26.               Environmental Findings Resolution


27.               Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of the MAK Restaurant Corporation for a Special Permit to operate a cabaret known as “Elements Food and Spirits” on the first floor only located at 161 Mamaroneck Avenue (Section 125.84, Block 6, Lot 13.1) subject to certain conditions contained herein.


28.     Public Hearing in relation to the application submitted by Tri-Kelly Inc., d/b/a Kelly’s Pub & Grill and The Thirsty Turtle for a three (3) year renewal of a Special Permit to allow the operation of a Cabaret Use at 199-201 East Post Road.


29.               Communications from        Commissioner of Building


30.                                                          Design Review Board


31.                                                          Commissioner of Planning


32.                                                          Planning Board


33.                                                          Commissioner of Public Safety


34.                                                          Commissioner of Public Works


35.                                                          Commissioner of Traffic


36.                                                          Traffic Commission


37.                                                          Commissioner of Parking


38.                                                          Environmental Officer


39.               Environmental Findings Resolution


40.               Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of Tri-Kelly, Inc., d/b/a Kelly’s Pub and Grill and the Thirsty Turtle for a three (3) year renewal of a Special Permit to allow the operation of a Cabaret Use at 199-201 East Post Road (Section 125.84, Block 4, Lot 3) subject to certain conditions contained herein.


41.     Public Hearing in relation to an ordinance amending the Zoning Ordinance with respect to establishing new and increasing existing fees charged for applications made pursuant, inter alia, to Sections 6, 7, 9.5, 10.3.5, 10.3.6 and 10.3.7 of the Zoning Ordinance.


42.               Communications from        Commissioner of Building


43.                                                          Commissioner of Public Works


44.     Public Hearing on the 2009 Section 8 Housing Assistance Program Annual Plan.


45.               Communication from Commissioner of Planning


46.               Resolution authorizing the Mayor to submit to the United States Department of Housing and Urban Development an Agency Plan and all required certifications for the Section 8 Housing Assistance Program.



 


FIRST READING
ORDINANCES:


47.     Communication from Special Counsel in relation to certain tax review proceedings.


48.               Ordinance authorizing the settlement of certain tax review proceedings.



 


49.     Communication from Corporation Counsel in relation to an Inter-Municipal Agreement with the County of Westchester for the removal and disposal of organic yard waste.


50.               Communication from Environmental Officer


51.               Environmental Findings Resolution                    


52.               Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to enter into an Inter-Municipal Agreement with the County of Westchester for the removal and disposal of organic yard waste.


53.     Communication from Commissioner of Public Works in relation to fees charged for the City’s sidewalk café system.


54.               Ordinance of the City of White Plains amending Sections 7-9-3, 7-9-4 and 7-9-6 of the White Plains Municipal Code in relation to fees and penalties for sidewalk cafes.


55.     Communication from Commissioner of Public Safety in relation to a grant from the Fenway Golf Club Charitable Foundation to be used for equipment and training.


56.               Ordinance authorizing the Mayor to accept a grant, on behalf of the City of White Plains Department of Public Safety, in equipment and training from the Fenway Golf Club Charitable Foundation.


57.     Communication from Commissioner of Planning in relation to appropriation of fund balance in the Community Development Budget for the Rehabilitation Revolving Fund Program.


58.               Ordinance amending the Communication Development Budget by appropriating fund balance and allocating such increase to the Rehabilitation Revolving Fund Program.


59.     Communication from Commissioner of Parking in relation to an amendment to a previously approved ordinance regarding a contract with Complus Data Innovations, Inc., for parking ticket processing services.


60.               Ordinance amending an ordinance entitled, “Ordinance authorizing the Mayor to enter into a contract with Complus Data Innovations, Inc., to provide full service parking ticket processing services for a term of five years.”


61.     Communication from Director, Youth Bureau, in relation to a donation in memory of Ms. Helen Zacconi in support of the Youth Bureau Bits & Pieces Camp.


62.               Ordinance of the Common Council of the City of White Plains authorizing the Mayor to accept, on behalf of the City of White Plains Youth Bureau, a donation in memory of Ms. Helen Zacconi.


63.     Communication from Director, Youth Bureau, in relation to a grant from the White Plains Housing Authority in support of the DeKalb After School Learning Center.


64.               Ordinance authorizing the Mayor to accept a grant, on behalf of the City of White Plains Youth Bureau, from the White Plains Housing Authority to continue the 86 DeKalb After School Learning Center for the 2008/2009 School Year.


65.     Communication from Chairman, Traffic Commission, in relation to proposed amendments to the Traffic Ordinance at various locations around the City.


66.               Ordinance amending the Traffic Ordinance of the City of White Plains in relation to On Street Parking Meter Zones, No Parking, One Hour Parking, Three Hour Parking – Monday through Friday, No Standing, No Parking 10:00 A.M. to 11:00 A.M. Monday through Friday, Stop Intersections, Yield Intersections, and Right Turns Prohibited.



 


RESOLUTIONS:


67.     Communication from Acting Budget Director in relation to the scheduling of a public hearing for May 4, 2009 on the 2009 – 2010 Tax Budget of the City of White Plains.


68.               Resolution of the Common Council of the City of White Plains in relation to setting a public hearing for Fiscal Year 2009 – 2010 Budget.


69.     Communication from the Mayor in relation to requests for the passage of State legislation to establish a White Plains Industrial Development Agency, to support adoption of the classification of real property into two classes for purposes of allocation of taxes in certain cities, and adding an additional one-quarter of one percent Sales and Compensating Use Tax.


70.               Resolution of the Common Council of the City of White Plains authorizing the certification of a Home Rule Request seeking enactment of State legislation amending the General Municipal Law to establish the White Plains Industrial Development Agency (Assembly Bill No. A1021).


71.               Resolution of the Common Council of the City of White Plains supporting the introduction and adoption of State legislation to amend the Real Property Tax Law in relation to authorizing the classification of real property into two classes for purposes of allocation of taxes in certain cities.


72.               Resolution of the Common Council of the City of White Plains supporting the introduction and adoption of New York State legislation to amend the Tax Law in relation to authorizing the City of White Plains to impose an additional one-quarter of one percent Sales and Compensating Use Tax.



 


73.     Communication from Corporation Counsel in relation to an Inter-Municipal Agreement between the City and Westchester County regarding prisoner transportation reimbursement.


74.               Resolution of the Common Council of the City of White Plains authorizing the Mayor to enter into an Inter-Municipal Agreement regarding prisoner transportation reimbursement with the County of Westchester.


75.     Communication from Personnel Officer in relation to a proposed increase for civil service examination application fees pursuant to New York State Civil Service Law.


76.               Resolution authorizing the Personnel Department to increase civil service examination application fees pursuant to New York State Civil Service Law.


77.     Communication from Commissioner of Building in relation to a request submitted by Goldfarb Properties on behalf of White Plains One Company, LLC, for a site plan amendment for exterior courtyard renovations at The Churchill Apartments, 345 Main Street.


78.               Communications from        Design Review Board


79.                                                          Commissioner of Planning


80.                                                          Planning Board


81.                                                          Commissioner of Public Safety


82.                                                          Commissioner of Public Works


83.                                                          Commissioner of Traffic


84.                                                          Traffic Commission


85.                                                          Environmental Officer


 


86.               Environmental Findings Resolution


87.               Resolution of the Common Council of the City of White Plains approving the application submitted by Goldfarb Properties on behalf of White Plains One Company LLC, (“Applicant”) for an amendment to its existing site plan for its building known as Churchill Apartments located at 345 Main Street relating to the re-design of the exterior courtyard.


88.     Communication from Commissioner of Building in relation to a request submitted on behalf of Cameo House, 300 Martine Avenue, for an amendment to a Special Permit/Site Plan for proposed alterations to the ground floor entrance courtyard.


89.               Communications from        Design Review Board


90.                                                          Commissioner of Planning


91.                                                          Planning Board


92.                                                          Commissioner of Public Safety


93.                                                          Commissioner of Public Works


94.                                                          Commissioner of Traffic


95.                                                          Traffic Commission


96.                                                          Commissioner of Parking


97.                                                          Westchester County Planning Board


98.                                                          Environmental Officer


99.               Environmental Findings Resolution


100.             Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of the Cameo House Owners, Inc., (“Applicant”) for an amendment to its existing site plan for its building located at 300 Martine Avenue relating to the re-design of the outside entry plaza.


101.   Communication from Corporation Counsel in relation to a petition submitted on behalf of of BMS Management Corp., to amend the Zoning Ordinance to allow the parking of commercial vehicles at motor vehicle service stations and/or repair shops in the BR-1 Districts, and advising that the submitted materials are not in a form acceptable to the City.


102.             Communication from Planning Board


103.             Resolution of the Common Council of the City of White Plains rejecting consideration of a petition in its present form submitted on behalf of BMS Management Corp. (“Petitioner”) to amend the Zoning Ordinance of the City of White Plains to allow the parking of commercial vehicles at motor vehicle service stations and/or repair shops in the BR-1 Zoning District.


REFERRAL:            


104.   Communication from Commissioner of Building in relation to a request submitted on behalf of Hamilton Condominiums, for a one year extension of a previously approved site plan to construct a thirteen story eighty-six unit residential condominium at 116 – 120 Church Street


105.   Communication from Commissioner of Building in relation to a request submitted on behalf of CorePlus Properties, LLC, CPP Bloomingdale LLC and ROF Core 120 Bloomindale LLC, for a one year extension of a previously approved site plan to construct The Venue on Bloomingdale Road, a proposed retail development.


106.   Communication from Commissioner of Building in relation to a request submitted on behalf of North Street Community, LLC, for an amendment to the Zoning Ordinance regarding Planned Senior Residential Development District to increasing the percentage in Section 5.8.5.2 for assisted living beds and domicillary care facilities from 35% to 45%, and to authorize stacked attendant parking which would reduce the footprint of the proposed garage for the 305 North Street Building.


107.   Communication from the City Clerk transmitting a petition submitted on behalf of Calano & Calano Realty Corp. and Keith J. Ahlers, for an amendment to the White Plains Municipal Code to add a section entitled “Electronic Message Board Ordinance” in relation to a proposal to add an electronic message board on the Main Street side of the building at 14 Mamaroneck Avenue.



 


ITEMS FOR INFORMATION:


108.   Communication from Commissioner of Building in relation to a request submitted on behalf of 432 Mamaroneck Co., LLC, in relation to a three year renewal of a Special Permit for an Accessory Parking Lot adjacent to 442 – 452 Mamaroneck Avenue.


109.   Communication from Commissioner of Building in relation to a request for a Minor Amendment submitted on behalf of the German School of New York, to install solar panels on the roof of their gymnasium on Partridge Road.


 

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