WHITE PLAINS CITIZENETREPORTER SETS RECORD VISITS FOR YEAR 7,017,658 VISITS! 2,098,003 VISITORS MADE 6 VISITS A DAY EVERY DAY. 63,330 UNIQUE VISITORS MADE 133,730 VISITS IN DECEMBER. WPCNR AVERAGED 17,284 VISITORS A WEEK, VISITING 31,270 TIMES.

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On Absoluteness of Constitutional Amendments

January 19, 2013

Dear Editor

Regardless of the result of your poll, it is established law that constitutional amendments are not absolute.

There is the well-known exception to freedom of speech that you may not yell “Fire” in a crowded theater.

Likewise, no one is allowed to commit ritual human sacrifice no matter what their religious beliefs. This is also irrelevant to the issue of the Journal News’s gun permit map.

That is publicly available information by state law, and remains publicly available whether their map is up or not. I am not a member of the press and yet I can post the same information with impunity.

Clifford Blau

(Editor’s Note: Reading of the section of the New York State SAFE Act, page 30, sets new standards for anonymity of gun permit holders.)

 

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WPCNR SCHOOL DAYS. By John F. Bailey. September 19, 2006:  Superintendent of Schools Timothy Connors addressed Mamaroneck Avenue School PTA-ers Tuesday evening in front of about 35 to 40 parents discussing the School Capital Improvement Project. Last week he conducted a similar pep rally at Post Road School. Connors also said that Fred Seiler, the new Assistant Superintendent for Business had begun his assignment with the district Monday replacing Terrance Schreurs, and that Mr. Schreurs’ last day was September 15.

 

 

Last week, Mr. Connors and Mr. Schreurs presented to the Post Road School PTA with very positive feedback from the crowd of over 50 parents in attendance last week. He is speaking on the need to pass the $69.6 Million Capital Project Referendum October 17. Photo, WPCNR News

 

Before the start of Mr. Connors’ Post Road School appearance one week ago, WPCNR interviewed Post Road Principal Laura Havis on why Post Road School needed to be replaced. She  explained that the Post Road School was close to 100 years old, and there was general agreement that “something had to be done.” She told me the district was forced to continually repair the school, there were continuing problems with the heating and air conditioning systems, that the size of the school classrooms did not meet state standards, that the school was not accessible to the handicapped, and that it flooded on the below street level perpetually during heavy rains.

 

 She also reminded WPCNR that the School District Capital Project Committee had “seen the school for themselves” and agreed the school needed replacing. Asked if parents had complained to her about the condition of the school, Principal Havens said, “Nobody has complained to me (about the condition of the school).”

 

Laura Havis, left, Bill Pollak, Acting President of the Board of Education, and Superintendt of Schools Timothy Connors talking about the Capital Project Referendum coming up on October 17 at Post Road School one week ago. Photo by WPCNR News

 

Superintendent Connors kicked off the meeting, telling the Post Road parents, “We need your help,” and went on to explain that the district would be taking “more time with faculty and staff” to finetune the interior design of the new Post Road School configuration. He said, “We have an estimate from our architect (Kaeyer, Garment & Davidson) in terms of what we think it will cost (to build — $38.7 Million), then once we do that we then design the school. Many of you want a say as to what that school will look like. We will form a committee to give you input.”

 

Connors said it will take two years to build the new Post Road School. He stressed that the new school was not going to happen, “if you don’t get out to vote (October 17). Then we’ll share with you what the concept is. Join us in selling this referendum to the community.”

 

The Superintendent of Schools said approval of the referendum will benefit Kindergarten through third grade grades (by increasing capacity at Post Road),  and “improve education for all of our children.” He promised an October 3 “Open House” at Post Road School in order to show the community the present state of the Post Road facility.

 

Connors noted that the Capital Project Committee formed by the Board of Education had toured Post Road School on a Saturday and by their observations , “they agreed we need to replace this school.”

 

On the Mamaroneck Avenue School renovation (estimated to cost $4.6 Million), he said, “They need additions to the core facility, and a new library.”

 

He placed the cost of the total Capital Project at $69,635,000, which will be partially defrayed by $2 Million in aid from the state and $1 Million from the Louis Cappelli Foundation, leaving the district to borrow for $66.6 Million.

 

Connors said the infrastructure improvements to all the schools (costing $16 Million) would pay for new boilers, roofs, windows, lights, new core investment. He noted that the other elementary schools, with exception of Ridgeway and Church Street School and the middle schools and high school were more than fifty years old and upgrades were needed. He hammered home the point that “all children will benefit.”

 

On the subject of the fields, Parker Stadium and Loucks Field, which are scheduled to be upgraded with synthetic turf, new metal bleachers, and press boxes and locker rooms, (at a cost of $9.6 Million), Connors said the synthetic turf would enable soccer, lacrosse, field hockey and football to be played with more games, more often, as many as four to five games a day, as well as providing more practice time than the present grass fields for a host of teams, as well as community recreation teams.

 

Connors described the field projects as “the right thing to do for the district and the city. ”

 

The cost of the capital project, Terrance Schreurs said was a 1% increase in the tax rate, little more than $4 plus per thousand dollars of assessed value.

 

Schreurs said for every year the district delays, it adds $2 Million to the cost of the project. Schreurs said that Triton Construction, the Project Manager, estimated that construction costs are rising at the rate of 8% a year.  “The time is right,” Connors added. “The best thing you can do is commit yourself to getting out the vote.”

 

During the Question and Answer period, Connors said that by building the Post Road School, and the improvements to Mamaroneck Avenue School, the district would be able keep its present class size ratio while accommodating the projected school enrollment growth of 280 more students in the elementary K-5 level. If the referendum is defeated, class size would go up, he said.

 

In response to questions, he pointed out that to renovate the present building would not only cost 78% of  the cost of building a new structure ($29 Million to $38.7 Million), but the district might have to lease space to accommodate students while renovating the Post Road structure. “It’s (the present Post Road School) not worth the investment (to renovate),” Connors said. “Cost of acquiring another site,” Connors said, “would be a million dollars an acre. The present Post Road site is the best option in terms of site and cost effectiveness.”

 

Connors appealed to the Post Road parents in attendance, to think of “What we can do to try and sell our cast to the people, that there’s something in here for everyone in the community that’s going to enrich that community.”

 

In response to a question, Connors said that the new Post Road School would pick up one class per grade (5 classes at  20 pupils each) to increase its capacity to 600 students, putting it on a level with the other four elementary schools. (As of  September 1, 2006, Post Road serves 493 students, Church Street School 626, Mamaroneck Avenue School, 605, Ridgeway School, 646, and George Washington School, 654.)

 

Bill Pollak, acting President of the Board of Education, in attendance  suggested to the parents, “How do you sell this? All people who own real estate will really benefit. If we don’t do it (vote for the referendum) for the right reasons  maybe they will do it for that reason.”

 

Connors noted to the crowd, “You have tohelp us make sure there’s a legacy for future generations.”

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WPCNR SCHOOL DAYS. By John F. Bailey September 18, 2006: Former School Board member Sarina Russell addressed the Board of Education last Monday evening and drew attention to the Board very quietly softening the standards of the School District Athletic and Co-Currcular Pledge.

 

Sarina Russell Criticises the Board of Education for watering down the District Co-Curricular Pledge, Monday evening, September 11. Photo, WPCNR News.

 

In light of the arrest of a Horace Greeley Cross Country Star last week, being allowed to compete in a Cross Country match Saturday (and finishing second) after being arrested and charged with unlawfully dealing with a child (a teenager at the runner’s drinking party was hospitalized with alcohol poisoning), Ms. Russell’s remarks were precognizant.

 

The new White Plains pledge that athletes and participants in WPHS sports and extra-curricular activities is significant in what it now says will happen to students caught drinking underage, drugging, or breaking laws.

 

In 2005-2006, the code read: “Upon initial disclosure (Editor’s Note: not on conviction) the resulting action can be automatic suspension from participation for a period of time to be determined by White Plains High School Administration or the Superintendent of Schools.” B. A second offense can result in automatic suspension from participation for a period of one calendar year form the date of violation. C. a third offense can result in permanent suspension from all co-curricular participation..

 

Note: These standards of behavior are in effect both in and out of school, 24 hours/day.

 

A Quiet Change

 

 

This spring this code was under consideration by the district and original writings were attempting to make it tougher and spell out circumstances of punishment. However, over the summer, it was changed (in discussion with parents, coaches, administrators, stakeholders) to only include offenses committed while participating in school team or school group-sponsored activities, or committed on school grounds,  giving the appearance of allowing students to go undisciplined for infractions like underage drinking, drug consumption that they commit on their own time. (Apparently, the Horace Greeley School District approach is being adapted.)

 

(WPCNR is not aware of when or how this was adapted, since the last time it was being discussed was in June, and it was not promulgated to the general public for comment to this reporter’s knowledge.)

 

Off Campus Behavior Not School Related Not covered.

No Automatic Suspension.

 

The new Pledge is a departure from the 2005-2006 code and would appear that WPHS students will not be considered for punishment for doing drugs, drinking underage, fighting and violent behavior as long as it is not committed on school grounds, or on school trips. A student involved in a criminal investigation for an offense in the community however will be subject to a school review and possible penalty. What constitutes a criminal investigation is not defined, such as does the investigation have to result in actual arrest and charges filed on the misbehaving student.

 

The new code eliminates the “automatic suspension” punishment regardless of conviction, and appears to expand the period of time between offense and when discipline will be administered, while setting a series of softer “punishments.” The pledge in the 2006-2007 Parent Information Handbook dealing with consequences reads:

 

“I also understand that any violation of this pledge found after a proper investigation by school authorities will result in disciplinary action, including a warning, probation, a specified period of suspension and/or permanent suspension from the athletic and/or co-curricular activity. Also, I further understand that this process applies to a student who is the subject of a criminal investigation whether in school or in the community.”

 

The automatic suspension punishment for students committing such offenses outside of school trips and team activities,  has been replaced with a mandatory referral to a district counselor for the offending student(s):

 

“I understand that I am expected to conduct myself both in school and in the community in a manner which demonstrates personal integrity and positive reflects on me and the  District. If I am involved in an incident in the community which involves drug, alcohol or violent behavior, I understand I will be referred to a district counselor.”

 

Accountability Softened.

 

Judging from the way the pledge reads now, the fate of a White Plains athlete, a member of a school civic club who held a drinking party (as the Horace Greeley  Cross Country student did last week),  and was caught would suffer no penalty, and not even be investigated by the school district.

 

Perhaps referral to a counselor will be made, however the pledge does not say it is  mandatory for the student recommended to a District counselor to see the counselor.

 

 

The new White Plains pledge does not spell out the grounds for suspension, and even states that the offending student may be given, in this order, a warning, probation, suspension. This appears to indicate the students misbehaving on school grounds, trips and school-related functions face little to worry about. Nowhere does it say in the pledge that the student offense will be put on the student’s permanent record.

 

Russell Raps the Board’s Knuckles.

 

Addressing the Board of Education last Monday night, Ms. Russell, a former BOE member, was appalled about the ambiguity of the new document and that it appears to say the district will only discipline students who violate the conditions of the pledge on school grounds, events or trips.

 

She told the Board of Education in certain terms: “It doesn’t do the job,” she said. “ It’s a cover your backside document not meant to be a punishment for children who do things they’re not supposed to do. It doesn’t send the right message. This document does not make me proud and I am angry that I have to sign something I don’t believe in.”

 

The Board of Education did not comment.

 

Reading the two pledges together, it appears the White Plains City School District is taking the Horace Greeley School District approach to student drinking parties and other offenses as long as it does not happen where the school district is in charge.

 

In the last three years, White Plains athletes and students found drinking on student trips and off-campus have received brief suspensions from participation, but have been allowed to remain on teams and in their activities, completing their seasons. Punishments for the offending students were hard to find out about except by “word of mouth.” 

 

The school district settled a multi-million damage suit stemming from a Highlands attack on a student. The amount was not disclosed by the plaintiff’s lawyer,  LeRoy Wilson, Jr.  who confirmed the settlement to WPCNR. The School District attempted to cover up the assault of the male student by other students on the Highlands campus, and did not report it to the police. The resulting law suit brought by the parent of the victim for not being informed of what had happened was settled.

 

Meanwhile Up in Chappaqua

 

The Horace Greeley School District has not disciplined the football team members allegedly involved in the party in Chappaqua hosted by the charged Cross Country runner. Media reports indicate the football team members at the Cross Country star’s party will not be suspended either.

 

It is interesting to note that the Horace Greeley student who hostessed the drinking party and was charged with unlawfully dealing with a child, told reporters after her Cross Country match the Saturday following the party, that “everything’s been blown out of proportion.”

 

Reading the two pledges together, it appears the White Plains City School District is taking the Horace Greeley School District approach to student drinking parties and other offenses as long as it does not happen where the school district is in charge.

 

The two Co-Curricular documents follow in their entirety:

 

2005-2006 Student Code of Conduct Participation in Co-Curricular and Athletic Programs:

 

As a candidate for participation in co-curricular programs at White Plains High School, it is our hope that you will take advantage of the school’s numerous opportunities. It is very important that the student and parents/guardians read and understand the essential policies involved relative to participation. We view it as an honor and a privilege to represent White Plains High School as a member of a school sports team or student activity and thus, by accepting this honor, the student must accept the responsibilities that accompany it. These regulations have been established for the benefit of those who participate as representatives of our school in a variety of teams and clubs.

 

Each member must do the following to maintain eligibility to participate in co-curricular activities:

1. Abide by the rules and regulation as specified by the District, the school and for athletes, the New York State Public High Schools Athletic Association.
   
2. Abide by all club activity rules as specified by the club advisor and the Student Activities Coordinator, and for athletes, all team and training rules as specified by the coach and Athletic Director.
   
3. Comply with academic eligibility requirements as established by White Plains High School
   
4. Demonstrate good citizenship and appropriate behavior at all times as a representative of the school and community.
   
5. Use transportation provided by the school traveling to and from all events. (Exception: advanced Transportation Release Form is available in Student Activities or Athletic Office.

 

 

The following actions will be taken when a student is found in possession of controlled substances, weapons, or is using or selling tobacco (excluding non-athletes), alcohol (except as part of a religious ceremony), marijuana, concaine, steroids, or any other controlled substance:

 

1. Upon initial disclosure, the resulting action can be automatic suspension from participation for a period of time to be determined by White Plains High School Administration.
   
2. A second offense can result in automatic suspension from participation for a period of one calendar year from the date of violation.
   
3. A third offense can result in permanent suspension from all co-curricular participation.

 

NOTE: These standards of behavior are in effect both in and out of school, including 24 hours/day.

Due process review shall be afforded to all students, and an investigation of circumstances will be completed in a timely fashion. ANY VIOLATION OF THE ABOVE REQUIREMENTS WILL RESULT IN APPROPRIATE ACTION TAKEN BY THE PRINCIPAL, THE ATHLETIC DIRECTOR, THE STUDENT ACTIVITIES COORDINATOR AND ADMINISTRATIVE DESIGNEE DEPENDING ON THE SERIOUS NESS OF THE SITUATION AND THE FINDINGS OF THE INVESTIGATION THE ADMINSTRATION RESERVES THE RIGHT TO EXCEED OR REDUCE THE EXTENT OF THE DISCIPLINARY ACTION TO BE TAKEN.

 

(Parent and athlete are expected and required to sign and return the pledge)

 

The 2006-2007 ATHLETIC AND CO-CURRICULAR PLEDGE

 

The athletic and co-curricular activities at the Middle School and High School are integral parts of the overall educational program of the White Plains City School District. Participation in these activities is a privilege granted to students who maintain scholarship and citizenship within the rules and regulations of the District. The  District believes that it is imperative that parents and the school district work together to set high expectations for student behavior both on and off campus.

 

The District expects that I will uphold the high standards of academic eligibility and abide by the rules specified by my coach/advisor. As a participant in an athletic and/or co-curricular activity, I will comply with all the provisions of the District’s Code of Conduct, and I pledge as follows:

 

• I will not possess, consume, be under the influence of, and/or distribute alcohol, tobacco and/or unlawful drugs, such as marijuana, cocaine or other controlled substances on school grounds or at school-sponsored events and trips.
  
• I will not engage in hazing, harassment, fighting, theft, vandalism or violent conduct on school grounds or at school-sponsored events and trips.
  
• I will not possess, consume and/or distribute performance-enhancing drugs or steroids at any time.

 

I also understand that any violation of this pledge found after a proper investigation by school authorities will result in disciplinary action, including a warning, probation, a specified period of suspension and/or permanent suspension from the athletic and/or co-curricular activity. Also, I further understand that this process applies to a student who is the subject of a criminal investigation whether in school or in the community.

 

I understand that I am expected to conduct myself both in school and in the community in a manner which demonstrates personal integrity and positively reflects on me and the District. If I am involved in an incident in the community which involves drug, alcohol or violent behavior, I understand I will be referred to a district counselor.

 

I have read the above and accept responsibility for my actions under this pledge

 

(Parent and student are expected to sign the pledge)

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WPCNR PRESS BOX. From Westchester County Recreation & Parks. September 18, 2006:  Registration is now open for the second annual Westchester Marathon on the Bronx River Parkway Sunday, October 8, beginning at the Westchester County Center in White Plains.  

Presented by Westchester County Parks and Genesis Adventures, the event includes both a full marathon (26.2 miles), a half-marathon (13.1 miles), and, new this year, a quarter-marathon (6.5 miles).

 There will also be a special Fit Kids Run for children.  

The course starts at the Westchester County Center and heads south on the Bronx River Parkway to Scarsdale Road in Yonkers, where runners will move to the northbound side of the parkway. Those running the half-marathon will end at the County Center, while those running the full marathon will continue for a second loop; those running the quarter-marathon run the course halfway in both directions. The course is certified by the USA Track & Field; USA T & F Rules of Competition will be in force during the race. Walkers are welcome to join the half-marathon portion of the race.

Future marathon competitors ages 12 and under can compete in a special ½-mile Fit Kids Run, beginning at 11 a.m. that day, at the County Center. Registration for this race is free, but you must pre-register by logging on to www.westchestermarathon.com. The race is sponsored by the Simon Kidgits Club and Westchester Track Club and is part of the County Health Department’s Fit Kids program.

The marathon begins at 8 a.m.; half-marathon at 8:30 a.m.; quarter marathon at 9 a.m.; and the Fit Kids Run at 11 a.m. Awards will be presented at 2:30 p.m. The event will be held rain or shine.

Registration fee is $85 for the marathon, $55 for the half-marathon and $50 for the quarter-marathon; Fee includes a medal for all who complete the race, along with a tee shirt and “goodie bag.” Participants must be 14 years of age or older.

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WPCNR THE POWER NEWS.From the Office of  Assemblywoman Amy Paulin.  September 18, 2006: Assemblywoman Amy Paulin and Senator Jeff Klein  are calling on Con Edison officials to revamp its aging infrastructure and outmoded crisis management procedures in the wake of its fourth major power outage this year.  As many as 45,000 people in Westchester County have been without electricity for five days when the remnants of Tropical Storm Ernesto downed trees and power lines throughout the county.  Especially hard hit were the southern parts of the county, including Eastchester, Mount Vernon, New Rochelle, Pelham, Scarsdale and Yonkers.

 

Adding to the frustration is the knowledge that all of the 100,000 affected customers of the Long Island Power Authority have already had their power restored.  Further down the coast, about 90 percent of the nearly 200,000 customers of the Baltimore Gas and Electric Company who lost power in the storm had service restored within 48 hours, with the final 1,000 restored on Monday.

 

They called for a sweeping investigation by the state to determine whether recovery and repair can be hastened and whether future damage from such storms can be lessened with better routine maintenance of power lines and tree branches. 

 

 

“This is the third time this year that my constituents have suffered through multiple days without the electric service they paid for and they need,” said Paulin.  “They are up in arms and rightly so.  We are asking whether Con Ed really plans for storms, whether they’re making the right decisions about increased staffing when a storm is on the way.”  Paulin indicated that there are also questions about the failure of Con Ed to install an outage alert system as well as about how the Public Service Commission oversees Con Ed’s distribution system.  “I’ve written to them, I’ve attended public hearings.  At this point I’m deeply frustrated at the lack of response.”

 

“Sunday’s storm produced driving rain and wind gusts of up to 50 MPH,” said Klein.  “But the extent of damage was still surprising given that the system was no longer even a tropical storm by the time it reached our area.”  While clearing hundreds of downed trees and power lines is dangerous and time-consuming work, Klein faults a continuing lack of diligence and overall poor communication from electricity provider Con Edison.  He said, “Many customers have complained to his office that they are not receiving accurate and useful information about when they can expect their power restored.”

 

 

Eastchester  Town Supervisor Tony Colavita pointed out that utilities with monopolies have special responsibilities.  He said, “If you want to be the only game in town, you can’t drop the ball.”  Eastchester resident John Finegan said, “To get a bi-partisan effort of all the political powers in this whole county TOGETHER to have a press conference to try to do something about how Con Edison treats us is wonderful and it may work. It may work.”

 

Klein is proposing new legislation that will better protect utility customers in the event of an extended power outage.  State regulations already require require service providers to make every effort during a major service outage to inform the general public of the details of the outage, including the areas affected and a schedule for expected service renewal.  However, there is no penalty for non-compliance.  Klein said, “My legislation will allow the state to sanction providers who fail to make diligent efforts towards restoration of service or reasonable efforts to communicate with their customers during and emergency.  We’ll be able to require the provider to provide rebates of up to $250 per customer to compensate for food spoilage and other outage-related expenses.”

 

Paulin said that the State Assembly is committed to forcing Con Ed to come up with the best possible practices for preparing for storms and operating their distribution system.  She noted that utility customers rely on the state’s Public Service Commission to regulate Con Ed.  “Everyone gets upset with the company, but we should not forget to focus on the people who are supposed to be watching them,” she said.  Paulin said that the Assembly’s Energy Committee and the Committee on Corporations, Authorities and Commissions are conducting an aggressive investigation.

 

After the January 2006 windstorm that left parts of Westchester County without power for up to five days, Con Edison promised to provide more accurate estimated restoration times, more frequent briefings for public officials and closer coordination with municipal officials, highway departments and emergency response units.  The New York State Department of Public Service also recommended much more frequent communication with both government officials and members of the public.