Catch Johnny, Peter and Jim -- the White Plains News Boys Tonight on WHITE PLAINS WEEK, the News Roundup Show with John Bailey, Peter Katz and Jim Benerofe on FIOS Channel 45 and Cablevision Channel 76 at 7:30 and later worldwide on the internet, anytime by clicking on www.whiteplainsweek.com

TONIGHT: THE BRADLEY CASE UPDATE, THE SCHOOL TAX HIKE, WHITE PLAINS IN COURT, THE BUSLANES ON HAMILTON, AND MORE.

WPCNR QUILL & EYESHADE. By John F. Bailey.  March 12, 2010: White Plains sales tax receipts continue to erode at a disastrous  cumulative pace which keeps compounding the city reservoir of red ink week by week.

The New York State Department of Taxation and Finance today reportes Sales Tax Collections for the first 8 months of the White Plains 2009-10 fiscal year are 22% behind the 2008-2009 pace, $7.1 Million off what was collected last year through eight months.

If the present 7 to 8% rate of decline does not turn up dramatically,  City Sales Tax Receipts will lag $10 Million behind last year’s actual collections and possibly $11 Million short of forecast. The $11 Million sales tax gap alone would precipitate drastic budget cuts in 2010-11, or a property tax increase of 33%.

The February Sales Tax Receipts were down 7.3% from February 2009,  according to figures released to The CitizeNetReporter by the New York State Department of Taxation and Finance.

This is the third consecutive month sales tax receipts have declined  in the White Plains city limits. It should be noted that a major snowstorm may have affected the February Presidents’ Day sales in White Plains. By contrast, Westchester County sales tax receipts the first two months of the county fiscal year is down just 3.6%.

WPCNR IN TRANSIT. By John F. Bailey. March 11, 2010: The backbone of the new Rockland-Westchester County mass transit system of the future -- the Bus Rapid Transit line -- is envisioned by officials as traveling east-west on Hamilton Avenue in downtown White Plains, the Council of Neighborhood Associations learned Tuesday night. For many it was the first they had heard of the plan to go through White Plains.

The route the DOT feels is the most efficient at this time is to dedicate two lanes for Bus Rapid Transit, on Hamilton Avenue, one eastbound, the other westbound, with dedicated buslines coursing from 119 East onto Hamilton and down North Broadway eastbound to Westchester Avenue, and a dedicated bus line westbound coming up North Broadway Westbound off Westchester Avenue, connecting with Hamilton Avenue out to Route 119. It was the first time the Hamlton solution had been presented to the general public.

2 Plans to access Hamilton. Via Main Street, or a Tunnel

WPCNR WHITE PLAINS LAW JOURNAL March 11, 2010: On March 2, the City of White Plains filed a suit  in New York Supreme Court against the White Plains Police Benevolent Association (the police labor union) which asks the court to declare “null and void” the December 29,2008 Memorandum of Agreement between Mayor Joseph Delfino and the police putting in place the 12-hour work shifts for patrol personnel on the grounds that “the December 29, 2008 MOA was never approved by the Common Council.”

The suit filed also asks the court to direct the City and PBA “to restore nune pro tune all the terms and conditions of employment in effect prior to the implementation of the December 29 MOA,” : the previous 8-hour work schedule, vacation leave,personal leave, administrative worki schedule and court time provisions.

Richard Zuckerman of Lamb & Barnosky, the labor attorney for the city, is the city attorney on the matter. Harry Greenberg of  Greenberg Bruzichelli Greenberg is the counsel for the WPPBA.

The new city administration estimates the new work shifts have cost the city over  $100,000 in cash payments to police for compensatory time (a new option which previously paid in compensatory time off only)  earned by the new work rules in the first six months of the program this fiscal year. Previously the former Commissioner of Public Safety, Dr. Frank Straub, had touted the 12-hour shifts as having significantly cut overtime.

The lawsuit contends that Mayor Joseph Delfino and the union implemented the 12-hour shifts without approval of the Common Council making continuation of the 12-hour shifts up to the discretion of the Police Commissioner. Previously, the council did not contest that arrangement after they agreed to a 9-month trial of the program which came up for extension in October of 2009.

WPCNR WHITE PLAINS LAW JOURNAL. March 10,2010: Matthew Gallagher of the County Attorney Office advised WPCNR today that the former councilman Glen Hockley, who ran unsuccessfully as a write-in candidate against Adam Bradley for Mayor in the fall, after having been denied a position on the November ballot, filed answer papers to the County motion for dismissal of Mr. Hockley's suit alleging his civil rights were violated by the Board of Elections during the November election, among other matters.

Mr. Gallagher said the county has until April 5 to prepare its rebuttal to Mr. Hockley's papers, and said that after that date,  Judge Kathy Seibel might be expected to rule on the lawsuit.

WPCNR COUNTY CLARION-LEDGER. From Ned McCormick, Westchester County Director of Communications. March 9, 2010: Faced with a projected county government deficit of at least $166 million next year – and more than double that by 2013 – County Executive Robert P. Astorino today outlined the short-term steps that his administration will implement immediately and the long-term measures, including possible layoffs of hundreds of employees, that must be considered to close the shortfall.

County Executive Rob Astorino at his Inauguration in January

            Since taking office Jan. 1, Astorino has been meeting with his department heads and budget experts to deal with the looming deficits. Today’s announcement is the outcome of that effort and includes $16 million in short-term operational savings that can be implemented this year without immediate layoffs.  He also detailed the options under consideration to reduce spending next year and beyond.  

WPCNR SCHOOL DAYS. By John F. Bailey. March 9, 2010: The School District has officially cut the school budget year-to-year for the first time in district history. Last night, the district  matched up revenues with their final round of expenses Monday evening and projected the 2010-11 School Budget would raise school taxes 4.72%.

All together, possible city tax increases, county tax increases combined with the School District budget presented Monday night could increase property taxes $1,500 or more in 2010 for the White Plains homeowner with a $650,000 home.

WPCNR NEWS AND COMMENT. By John F. Bailey. March 7, 2010(the following is from a presentation made to the White Plains Downton Residents Association, February 27: On the city side, the city has to examine the process of extending site plans indefinitely which is the current common council policy. The effect is that it simply banks land and prevents city growth, and enhances an asset to the owner.

I think the city must take a more pro-active stance in attracting development to the city by identifying what areas might be developed.

WPCNR NEWS & COMMENT. By John F. Bailey. March 6,2010. The following is adapted from an address to the White Plains Downtown Residents Association February 27: Rob (Tamboia, President of the WPDRA) asked if I could comment in what could happen in the next ten years of the CitizeNetReporter.

First, despite holding the line on the school budget last year, and saying they will hold the school budget to last year’s budget this next year, the school district continues to face a dwindling tax roll and cannot sustain itself except by drastically increasing taxes. I am not making this up.

It is what the numbers say, and presently the school board seems to be burying its 7 heads in the sand. It is as if they never picked up a calculator. This week, as I mentioned earlier, assessed value on the 2010 City Tax Roll declined $3.9 Million, a $2.8 Million decrease in revenue for the school district. It is the eighth year in the last nine the roll has declined.

The Bradley case was first heard in White Plains City Court on Friday morning, then was transferred to County Court. Police barricades had been set up on either side of the walkway leading to the steps of the Public Safety Building, where the White Plains City Court is located. Several uniformed police were on duty outside. Reporters and cameramen from television stations were in a barricaded area off to one side.

Several other cases were heard by City Court Judge Eric Press before the Bradley case was called. Mayor Bradley's attorney, Luis Penichet, waived a reading of the charges, stated his client was not guilty, and stated that, in his opinion, this is not a criminal matter.

Jurisdiction was transferred to the Westchester County Court's domestic violence part. Judge Press refused to hear anything substantive about the case, saying he no longer had jurisdiction.

However, Mrs. Bradley's attorney, Mr. Comer, and Mayor Bradley's attorney, Mr. Penichet, attempted to have Judge Press lift an order of protection which was issued last Sunday and prohibited Mayor Bradley from having contact with his wife.

Comer said Fumiko Bradley did not need and did not want the order of protection. He also told Judge Press that Mrs. Bradley does not want the case to go forward. He said that Mrs. Bradley does not feel endangered by her husband. Fumiko Bradley, dressed in black and standing with her attorney, was observed to be dabbing her face as if wiping away tears. Mr. Comer expressed the opinion that Judge Press retained jurisdiction until court closed on Friday and could lift the order of protection. Judge Press held his position, and the parties left City Court.  

Across the Street

The scene then shifted to the Westchester County Courthouse, where the case was quickly added to the calendar of Judge Susan M. Capeci. When the case was called in late morning, Mayor Bradley's attorney, Mr. Penichet, told the judge that a deposition from Mrs. Bradley which was submitted in support of the third degree misdemeanor charges was not a “sworn document.”

A copy of document  had been obtained by a reporter and circulated among the news people covering the story at the courthouse.  It was not handwritten by Mrs. Bradley. It had been prepared by a White Plains detective, and was the result of an  interview with Mrs. Bradley.

Excerpts were broadcast and published Friday by some news outlets. Mrs. Bradley's attorney, Mr. Comer, told the judge that English is not Mrs. Bradley's first language, she did not understand the technical meanings of things she was signing and doing, and she was influenced by people giving her advice which was not in her best interest.

When asked outside the courtroom by WPCNR to identify the people to whom he was referring, Comer would not elaborate. Ms. Puerto of the DA's office told Judge Capeci that Mrs. Bradley did not indicate to her during their interview that she had trouble with English. 

Penichet told Judge Capeci that they were ready for trial, and could even begin in a few hours. He emphasized that a speedy trial is important. He also said that they would want a jury trial.

The judge scheduled a pre-trial conference for April 1. Rather than completely lifting the order of protection as requested by the attorneys for both Mayor and Mrs. Bradley, Judge Capeci modified it so the two can again have contact with one another. It was noted that the order of protection did not prohibit Mayor Bradley from seeing their two daughters.

The order of protection had been issued after he was charged and arraigned last Sunday. Mrs. Bradley's attorney, Mr. Comer, later told WPCNR that modifying of the order of protection will permit the Bradley's to work together on resolving the difficulties their marriage has experienced. Comer also told WPCNR that he did not expect any further court proceedings until the April 1^st conference.  

BULLETIN:

WPCNR WHITE PLAINS LAW JOURNAL. Special to WPCNR from Peter KATZ. March 5, 2010: After appearances of Mayor Adam Bradley and his wife, in the Westchester County Court Domestic Violence Part this morning, the presiding judge set April 1 as the next date when Mayor Adam Bradley and his wife, Fumiko would appear for a Trial conference.

The Assault in the Third Degree (misdemeanor) charge against Mr. Bradley will be taken up on that date. The matter of whether the domestic violence charge will be dropped is now up to the discretion of the Westchester County District Attorney's Office. It is not known whether the Domestic Violence unit will conduct their own investigation of Mr. and Mrs. Bradley in the interim.

The attorney for Mrs. Bradley, Neal  Comer,  told Peter Katz this morning after the  appearance in the Domestic Violence court that both parties, Mr. and Mrs. Bradley want to repair their marriage. The attorney repeated  that Mrs. Bradley wanted the charge dropped and would not testify in support of the charge,  if the District Attorney proceeded with the case.

Mrs. Bradley's attorney said there would be "no discovery procedure" in the case.

Mr. Bradley's attorneys indicated Mr. Bradley did not plan to move back into his home immediately.

The Order of Protection in effect against Mr. Bradley (since last Sunday) was modified to allow Mr. Bradley to see his wife. He has not seen his wife except in court since Sunday when Mrs. Bradley filed a charge that he intentionally held her arm and slammed her finger in a door, according to the police report. Mr. Bradley has seen his two children in the interim.

BULLETIN

WPCNR WHITE PLAIN LAW JOURNAL. Special to WPCNR from Peter Katz. March 5, 2010: In proceedings finishing about fifteen minutes ago, Mrs. Adam Bradley, who charged her husband with assault last Sunday, said in City Court today, she wanted the charge of Assault in the 3rd Degree dropped.

She said she also wanted the court order of protection preventing her husband, Mayor of White Plains Adam Bradley, from seeing her, dropped.

Mrs. Bradley's attorney, Neal Comer, said that if the county should proceed in the case, Mrs. Bradley will not testify to support the charges. Mr. Bradley is accused according to the police report  of forcibly slamming a door on Mrs. Bradley's left middle finger Sunday morning. At about 3 P.M. last Sunday Mrs. Bradley filed charges against Mr. Bradley.

Judge Eric Press said he no longer had jurisdiction in the case and the matter is now moving over to the County Court Domestic Violence Part. Mrs. Bradley, appearing in court this morning appeared to be "in tears."

Fumiko Bradley said she wanted the order of protection prohibiting her husband, Adam Bradley from seeing her or staying in their house lifted because it is interfering with her marriage. She indicated she never asked for an order of protection to be put into effect. The order was put in place by the City Judge at Mr. Bradley's arraignment Sunday afternoon.

WPCNR NEWS & COMMENT. By John F. Bailey. March 5, 2010. (The following is adapted from a public appearance and presentation at the White Plains Downtown Neighborhood Association February 27.):

What was White Plains  like ten years ago?

Tishman Speyer was Mayor Delfino’s first choice to reinvigorate the shell left by Macy’s closing, but they had pulled out after Tishman Speyer’s movie tenant, Leows had departed due in part to a mysterious lawsuit filed by clothing merchant and horse racing enthusiast who filed a lawsuit which threatened to delay Tishman development of the empty Macy’s site. This mysterious suit was dismissed, but not before the movie tenant, Leow’s, condition had deteriorated financially and withdrew.

WPCNR SCHOOL DAYS. By John F. Bailey. March 5, 2010: At a public forum on the 2010-11 School Budget Wednesday, the school district announced it was planning at this time a budget of $184.7 Million, about $1 Million less than this year's budget.

WPCNR predicted in January, that based on present revenue projections on the new city assessment roll coming in at $3.7 Million less, and the 5.5% salary increases next year for teaching staff,  that the district would either have to cut 100 teaching assistants or a combination of fulltime teachers and teaching assistants (between 40 teachers and 40 teaching assistants, which would total $6,000,000 in salary) to avoid about a 9 to 10% tax increase. WPCNR was told that "we are not firing 100 teaching assistants."  "Support staff" apparent is going.

WPCNR's prediction was right on the money. Last night, the district said at this time they were cutting 41 fulltime teachers and 39 "support" staff to bring the budget in at $184.7 Million. The cuts come to $6.5 Million.

WPCNR also reported last Saturday that  the District had unbeknownst to the public negotiated a one year contract extension with the teachers for the 2011-2012 year adding up to a 2-1/4% merit raise in salary in additon to the standard 2% step raise, meaning the teaching staff will receive a 4-1/4% increase in February 2012. This raise was negotiated without the district knowing what their 2012-12 revenue projects could possibly be (considering the very shaky state of the White Plains Assessment Roll.

Last night the district announced this extension, as reported by WPCNR last weekend.

Monday, the district is supposed to discuss their revenue projection for this year. Some 41 teachers are expected to retire, taking advantage of incentives approved by the Teachers union as part of the new contract extension.

WPCNR expects to hear more on Monday.

The district has also set up a similar situation to last when they presented a budget to the public lower or close to what a contingency budget would be if the district voters rejected the 2009-10 budget. WPCNR attempted to get the inflation rate the State Department of Education will use to figure contingency budgets but the press office has not delivered it yet. It has been a week and a half since WPCNR asked.