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When it’s snowing outside on a dreary February Saturday, nothing beats fresh baked, mint-embedded brownies fresh out of the oven.
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Myosotee Perez, manager of Anthonyâs Coal Fired Pizza in White Plains presents a contribution check to Susan Katz, Founder/President of the Hudson Valley Pet Food Pantry, and Kathy Ferri, Vice-President/Pantry Director.
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WPCNR COUNTY CLARION-LEDGER. From the Office of the District Attorney. February 19, 2015:
Westchester County District Attorney Janet DiFiore and New York State Department of Taxation and Finance Incoming Commissioner Kenneth Adams announced today that Louis Ciampanelli (DOB 02/17/55) of 1 Nelson Road, Eastchester, New York, was arraigned on an indictment charging him with:
“While this defendant allegedly held himself out to be a tax preparer, stealing clients money rightfully destined for the IRS and the New York State Tax Department, he also, over a number of years, failed to file and pay his own taxes. When an individual doesn’t pay one’s taxes it impacts all of us, as the burden becomes greater on those of us who do,” said District Attorney Janet DiFiore.
“More than 70% of all New Yorkers use a paid professional to complete and file their income tax returns,” said incoming Commissioner Adams. “We will continue to work with law enforcement of all levels to uncover unscrupulous preparers and hold them accountable for their crimes.”
Between December 14, 2010 and February 13, 2012, the defendant provided personal and business accounting and tax preparation services to John Nardini Construction, Inc.
According to the owner and his wife, rather then pay the United States Internal Revenue Service or the New York State Tax Department directly, the defendant had instructed them to provide him with checks, made payable to either Louis Ciampanelli or LMC Tax Consultants.
Ciampanelli told the victims that he would then, in turn, make the payments on their behalf to the taxing agencies.
The defendant never paid the taxing authorities for either their personal taxes or the businesses taxes. The funds were converted for his own use.
The amount of the larceny is approximately $47,000.
The defendant was arrested by investigators from the District Attorneys Office.
Bail was continued at $5,000 cash/$15,000 bond.
The case was adjourned to May 20th, 2015.
The defendant faces a maximum sentence of seven years in state prison.
Assistant District Attorney Robert Mayes of the Economic Crimes Bureau is prosecuting the case.
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WPCNR WESTCHESTER LAW JOURNAL. From the Westchester County Department of Communications. February 18, 2015 (EDITED):
As County Legislature Chair Michael Kaplowitz informed WPCNR earlier this afternoon in a statement, the U.S. Court of Appeals for the Second Circuit has rejected claims by the Department of Housing and Urban Development that HUD’s actions are not reviewable by the courts.
Westchester County Executive Robert P. Astorino had argued that “HUD acted in an arbitrary and capricious manner” when it began withholding federal funds from the county in 2011.
The appeals court vacated a lower court ruling and held that HUD’s actions are “subject to judicial review.”
Astorino said this was vindication for the county. “A lot of people asked, why are we fighting HUD?” Astorino said. “Today’s decision is a clear statement that the county was right to defend local zoning.”
“The Second Circuit’s ruling is a major victory for due process against an aggressively overreaching federal bureaucracy,” Astorino said. “Just like everyone else, HUD has to follow the law. In this case, HUD was making up its own rules. That’s not right and the court has now made it very clear that actions by HUD are subject to judicial review.”
The case stems from HUD’s decision to start withholding Community Development Block Grants (CDBG) and other federal funds based on what the agency claimed was its “discretionary” power. But the appeals court rejected HUD’s arguments, pointing to a number of statutes limiting the agency’s authority.
“We conclude that the statutes governing HUD’s administration of the relevant grants provide meaningful standards constraining HUD’s exercise of discretion and that HUD’s actions are thus subject to judicial review,” the decision states, adding, “The agency’s adoption of regulations that might appear to give the agency unfettered discretion does not act to nullify the meaningful standards which exist in the statue.”
Central to the county’s case was overreach by HUD. HUD had hoped to pressure the county to dismantle local zoning by withholding the federal grants. Astorino resisted, saying such actions went beyond not only the terms of the settlement but also violated the home rule provisions of the New York State Constitution.
In a critical part of the decision, the appeals court noted that HUD did not have the right to reject the county’s housing strategy or withhold funding on the basis of “land use controls [and] zoning ordinances … that may affect the development of affordable housing in the jurisdiction.”
The case now goes back to U.S. District Court and Judge Denise Cote.
In terms of recovering the money, the county’s options are limited. Of the more than $7 million withheld by HUD in 2011, all but about $750,000 have been reallocated by the agency to other jurisdictions. The court ruled that once HUD reallocated the funds, the county’s claim to them became moot. HUD is still withholding 2013 and 2014 grants of more than $10 million, which the county will pursue.
Under the terms of the affordable housing settlement reached by former County Executive Andrew Spano and HUD in 2009, Westchester County agreed to spend “at least” $51.6 million to ensure the development of 750 fair and affordable housing units (rental and home ownership) and to market the units not just to Westchester residents, but to minority households in surrounding counties, including New York City, as well.
Five years into the settlement, the county is in full compliance. The county finished 2014 with 454 units with financing (450 was the benchmark) and 406 units with building permits (350 was the benchmark). All 31 communities have identified potential sites and 223 units are occupied.
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WPCNR WESTCHESTER LAW JOURNAL.From Michael Kaplowitz, Chairman of the Westchester County Board of Legislators.February 18, 2015:
Today’s unanimous decision of the United States Court of Appeals for the Second Circuit (County of Westchester v. U.S. Department of Housing and Urban Development) finding that the U.S. Department of Housing and Urban Development (HUD) actions are subject to judicial review, specifically that HUD’s summary rejection of the County’s Analysis of Impediments (AI) submissions is not acceptable, is a significant victory for the County.
However, the decision does not bring back the lost $6.7 million from 2011 and the $15.6 million of taxpayer’s money for 2012-2014 which is still imperiled.
Further, the County is still subject to paragraph 32 of the 2009 Housing Settlement that requires the county to file an AI “acceptable to HUD”. The circuit court specifically declined to rule on this question and left it to the district court to decide.
Finally, the judicial review as ordered does not guarantee County victory, it only guarantees our day in court and before the same judge who has ruled against the County numerous times in the past.
In fact, all these issues remain to be litigated with uncertain outcome. Such endless litigation will take years with significant direct and indirect costs to be borne by Westchester taxpayers.
While we have achieved a notable victory, now is the time to negotiate from strength.
This decision provides a perfect opportunity for all parties in this matter to sit down and reach an end-game settlement to the issues of both the 2009 Housing Settlement and the loss of Community Development Block Grant (CDBG) monies.
Public policy can best be served here by all parties negotiating rather than litigating their differences.
Therefore, to further a sound housing policy, recapture lost CDBG monies, save taxpayer’s dollars and successfully bring finality to the contentious 2009 Housing Settlement, I call on all parties to work in good faith to finally bring a resolution to this matter.
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WPCNR PHOTOGRAPHS OF THE DAY. By the WPCNR Roving Photographer. February 18, 2015:

Metro North Local proceeding across frozen Hudson River at Peekskill. The river is frozen about three quarts of its width to the channel.

Looking South from Peekskill boat landing. Temperatures in the teens and single digits have frozen the Hudson about three quarters the way across.
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Assemblyman David Buchwald of White Plains, 2nd from right, appearing on PEOPLE TO HEARD, the White Plains Television News Interview program (viewable at www.whiteplainsweek.com announced a local Public Forum on the State Budget to be held in Greenburgh Town Hall one week from today, February 23. 2 to 6 PM. Left to right: John Bailey, Peter Katz, Mr. Buchwald, Jim Benerofe.
WPCNR ALBANY ROUNDS. From Assemblyman David Buchwald, 33rd Assembly District. February 16, 2015:
Assemblymembers
J. Gary Pretlow, Sandy Galef, Thomas Abinanti,
Amy Paulin, Shelley Mayer, Steven Otis,
and David Buchwald
invite you to an important forum on
Governor Cuomo’s Executive Budget Proposals.
This forum will be divided into two parts. The first part (2-4PM) will focus on all
aspects of Governor Cuomo’s executive budget, and the second part (4-6PM) will
focus on Governor Cuomo’s proposals for educational funding and
reforms contained in his executive budget.
Monday, February 23rd
2:00-6:00 PM
Greenburgh Town Hall
177 Hillside Ave, Greenburgh (White Plains, if using GPS), NY 10607
You will have an opportunity to hear from your elected
Assemblymembers and express your opinion.
Questions: contact Assemblymember Shelley Mayer’s office
at 914-779-8805/mayers@assembly.state.ny.us
Persons who wish to testify are asked to contact Assemblymember Shelley Mayer’s
office: mayers@assembly.state.ny.us or 914-779-8805.
Those testifying are asked to limit their oral presentations to 3 minutes, to allow for as many speakers as possible.
Written testimony would be greatly appreciated. Please bring copies of your testimony to the public forum. It is important that you register to testify, so a schedule ofpresenters can be organized to make the most efficient use of time, and you can be notified in the event of postponement or cancellation of the forum.
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WPCNR COUNTY CLARION-LEDGER. From the Westchester County IDA. February 13, 2015:
County Executive Robert P. Astorino today announced that Westchester’s Industrial Development Agency (IDA) has approved a series of incentives that will help Flexjet relocate its fractional jet charter operations from Teterboro, NJ to Westchester County Airport in White Plains.
The move will bring an initial 38 high-wage permanent jobs to Westchester and create an additional 55 permanent jobs over the next five years. In addition, 20 construction jobs will be created during the four-month renovation of Flexjet’s new home at hangar “F.”
“We are thrilled that Flexjet has decided to move to Westchester,” said Astorino. “Flexjet is rolling out a red carpet runway to corporate executives and entrepreneurs from around the globe, which will encourage further investment and job creation in Westchester.”
The financing and tax-exemptions made available through the IDA help defray the cost of the move from Teterboro and support the $5 million renovation project. The construction project is expected to begin in May and transform the hangar into a state-of-the-art facility and convert the current office space into a modern, technologically-advanced passenger lounge.
“Westchester is an ideal location for Flexjet as we expand our programs and continue to deliver an exceptional, world-class customer experience,” said Kenneth Ricci, chairman of Flexjet. “County Executive Astorino’s team has been highly responsive and supportive. We are excited for our business to start taking off in Westchester.”
The highly-skilled and high-paid positions that Flexjet expects to create over the next two-to-five years range from pilots to maintenance technicians and supervisors to facility managers and inspectors.
Friedland Realty Advisors Expanding
Astorino also announced that Friedland Realty Advisors, a leading commercial brokerage firm, decided to keep their corporate headquarters in Westchester, thanks in part to incentives approved at today’s meeting. The company, having outgrown its current location in Yonkers, has chosen to relocate to a larger space at 440 Mamaroneck Avenue in Harrison.
The 45-year old firm chose staying in Westchester over moving to New York City, Stamford or New Jersey, because, “Location, location, location,” said Ayall Schanzer, Friedland Realty Advisors president and CEO. “Westchester positions us to be a dominant regional player with close proximity to our target customers and desirable inventory.”
The IDA incentives will finance the renovation of their new space as well as purchases that will upgrade the firm’s technological capabilities. The firm anticipates hiring four executive-level employees and contracting with seven real estate brokers over the next year, adding to its existing seven full-time employees and 26 brokers.
About the IDA
The IDA is a public benefit corporation created in 1976 for promoting and encouraging economic development in the county primarily through assisting in the creation or retention of jobs. The IDA is also empowered to issue taxable and tax-exempt bonds for organizations meeting federal and state guidelines. There is no financial risk to the county or to county taxpayers. The obligation for repaying the debt rests solely with the organizations.
Any corporation or small company looking to access the low-cost and tax-exempt project financing made available through the IDA should contact Jim Coleman, executive director of the IDA, at (914) 995-2963 or jcoleman@westchestergov.com.
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WPCNR SCHOOL DAYS. From Our Lady of Good Counsel. February 12, 2015:
After a year of extensive efforts to find a new location, the Sisters of the Divine Compassion today advised the students, parents, faculty and staff that Our Lady of Good Counsel Academy High School in White Plains will cease operations in July at the conclusion of the current school year.
Working closely with the Archdiocese of New York, a concerted effort has begun to assist Good Counsel’s students in transitioning to other area Catholic high schools. The High School community was notified of the decision this afternoon. (see attached letter)
In a letter to the members of the Good Counsel High School community (attached), the Divine Compassion Leadership Team expressed “deep regret and sadness” in having reached the decision to close the school. Their letter emphasizes that “it has been a blessing, an honor and a privilege to sponsor and be involved” in the school’s mission.
“We know that that this decision is extremely painful for everyone affiliated with the school,” the letter states, but “after more than a year of due diligence, a suitable and affordable relocation site for the High School has not been found. Multiple properties were investigated and eliminated as possible sites.”
The relocation effort began as a result of the Sisters decision to sell the 16-acre campus at 52 North Broadway where they have been located for 125 years. The site includes 12 buildings and the annual operating costs have become financially unsustainable. With many of the 80 Sisters now in their late 70s, 80s and 90s, their needs for health care and health-oriented living accommodations have become necessary. Continuing to subsidize the High School and the Good Counsel Academy Elementary School, both of which are on the campus, was no longer feasible.
The Elementary School, which offers pre-k through eighth grade, was able to find a new home. In September it will open two miles north at the former Holy Name of Jesus Elementary School in Valhalla. Despite extensive efforts, a satisfactory new location for the High School could not be found.
Each of the schools has its own Board of Trustees and administration. However, as the sponsoring organization, the Sisters of the Divine Compassion have the ultimate responsibility for the schools. The schools are independent from the Archdiocese of New York. Cardinal Timothy Dolan’s letter to the Good Counsel school community is attached.
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WPCNR THE LETTER TICKER. February 12, 2015:
Marie and Ron Rhodes, two active opponents of the French American School of New York proposal to build a 5 Building Campus on the former Ridgeway Country Club which will be taken up some day by the Common Council maybe this year after almost 4 years of study and hearings by the Council and study and “tweaking” by city consultants have written a final report which they submitted to the Mayor and Common Council, February 5. WPCNR has received this report and will be putting out portions of it in the coming days.
Here is the Rhodes’ “Big Picture Concerns on the FASNY Project” urging the Council to reject the project:
Our Big Picture concerns on the FASNY project
February 5, 2015
Dear Mayor and Common Council,
As background for your upcoming (?) FASNY vote we prepared this report for you.
We have spent our business careers providing CEO’s due diligence on business plans, products and companies. . .so we felt an obligation to provide the same type of evaluation of FASNY’s plan to you and our other elected City Leaders.
We know you want what is best for White Plains going forward. . .so we went back and gathered together all the information we could find on FASNY for you. . .all of the details are in our attached report. In summary we ask you to reject FASNY as not being the right fit for the City and the citizens you serve. And we also ask you to. . .
√ protect WP School Children many of whom are minority. . .from FASNY’s Traffic and North Street Entrance. . .the same concerns as communicated to you by our WP Board of Education.
√ protect Hathaway Lane from Closure. . .from an outside private developer who wants to take over a City street without offering any Public benefits.
√ protect our current Fire and Emergency Response Times. . .the citizens you serve are interested in programs that reduce current Fire and Emergency Response Times. . .not ones that increase Response Times to residents by Closing Hathaway Lane to satisfy the wishes of a private outside developer.
√ protect residents and neighborhoods from FASNY Traffic. . .where FASNY’s 950 students and 250 staff will bring over 2,000 Vehicle Trips each day into the Southend residential areas of the City.
√ protect our Environment and Open Space. . .from an outside developer who wants to build a 53-acre regional school complex on current Open Space grassland. . .FASNY is not giving Open Space to the City.
√ protect our Neighborhoods from FASNY’s 10-year Construction. . .which will bring Noise, Pollution and Construction Vehicles. . .while damaging the Health, Safety and Welfare of residents.
√ protect our current Zoning and Rule of Law. . . FASNY’s regional school campus does not fit within the R1-30 Zoning, our Comprehensive Plan and other WP laws as written. . .and also does not fit with Character of the neighborhood while compromising the Health, Safety and Welfare of the community.
√ protect our homes from additional Water Problems. . .if FASNY is allowed to build foundations that disrupt underground streams and construct their 53-acre campus over Open Space grassland where rainwater is currently absorbed.
√ protect our Property Values from further declines. . .FASNY’s 10-year Construction along with the size of their 53-acre massive school campus and the impact of increased FASNY Traffic. . .according to real estate professionals will result in permanent reductions in Property Values.
√ protect us from misguided Mitigation. . .especially with Traffic attempts that do nothing to reduce the number of FASNY vehicles coming into the Southend of the City, recommending the North Street Entrance and even thinking about the Closure of Hathaway Lane. . .all of which do not help residents.
√ protect our historic and award winning neighborhood from destruction. . .if our Comprehensive Plan, Zoning and other WP Laws in place protect our property, homes and City streets. . .why aren’t our elected officials supporting residents by saying “if you like your neighborhood. . .you can keep your neighborhood”?
X there are no benefits with this FASNY project. . .compared to the alternative of 60 new residential houses that would be allowable under the current R1-30 Zoning. . .would provide additional property tax revenue. . .and bring in significantly less Traffic than FASNY.
Our list of FASNY negatives is significant and the citizens you serve are asking for your protection which is your fiduciary responsibility. Throughout this 4 year FASNY review process the focus of discussions has usually been on one FASNY negative at a time, for example Traffic. . .and rightfully so. Here in our list of Big Picture concerns you see all of the FASNY negatives together in one place. . . and find there are no benefits for FASNY building their school campus on the old golf course. This is really a dramatic indictment of FASNY’s project.
And you should keep in mind that all of the concerns and negatives we mentioned about this FASNY project. . .were first uncovered by your WP residents. . .not City staff. . .which should be a cause for concern to all Council members as you move forward and consider future proposals.
We have been encouraged by a recent quote we read in the Journal News regarding the study for redeveloping the train station area. . .”we want a project that’s resident-driven and city-driven rather than developer-driven.” (Mayor Tom Roach, January 16, 2015)
The only thing resident-driven on the FASNY project has been the opposition! Please vote “no” on FASNY.
Thank you for your support,
We report. . .you decide. Your Truth Police, Team Rhodes
Marie and Ron Rhodes