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WPCNR HEALTH WATCH. From the Westchester County Department of Health. June 23, 2014:
To mark National HIV Testing Day, the Westchester County Health Department and its Project WAVE (War Against the Virus Escalating) partners will offer free rapid HIV tests at the following locations on Friday, June 27:
Westchester County Health Department:
Yonkers District Office
20 S. Broadway, 2nd Floor
8 a.m. to 3 p.m.
Phone: 231-2500
Family Services of Westchester & Westchester Medical Center
Corner of Gramatan & Lincoln Ave, Mount Vernon
9 a.m. to 3 p.m.
Phone: 493-1172
Open Door Family Medical Center
165 Main Street, Ossining
9 a.m. to 4 p.m.
Phone: 502-1479
Port Chester Open Door Medical Center
5 Grace Church Street, Port Chester
9 a.m. to 4 p.m.
Phone: 406-8207
“An estimated 1.2 million Americans are living with HIV, and yet one out of five doesn’t know it,” said health commissioner Dr. Sherlita Amler. “To find out your status, there are plenty of places in Westchester that offer free testing on a regular basis, like our health department clinics. The test is quick, simple and readily available, so there’s no excuse not to get one.”
The Westchester County Department of Health provides free, confidential rapid HIV tests routinely at its HIV and STD clinics. For more information, go to www.westchestergov.com/health and click on the clinic schedules link on the left.
WAVE works with more than 230 member agencies throughout the state to promote HIV counseling, testing and referrals.
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HERE THEY COME!
WHITE PLAINS WEEK
THE NEWS PUNCHERS
HERDING THE DARK CLOUDS OUT OF THE SKY
KEEPING THE HEAVENS BLUE
PETER KATZ JOHN BAILEY JIM BENEROFE
THE WHITE PLAINS NEWSBOYS
ON
THE TROPICAL HEAT WAVE
COUNCILPERSON NADINE HUNT-ROBINSON’S CHALLENGERS
GEDNEY ASSOCIATION HAS ONE LIFELINE LEFT
THE LEFKOWITZ DECISION AND WHAT IT MEANS FOR THE FASNY HEARINGS COMING UP!
CLOUDY FUTURE FOR PLAYLAND BUT ATTENDANCE IS BRIGHT AHEAD
INSIDE THE COUNTY’S NEWEST AFFORDABLE HOUSING IN BRIARCLIFF MANOR
CONSTRUCTION ROUNDUP
ONE OF GOP STRATEGISTS — WILLIAM “F” O’REILLY —
ASTORINO ACE NOT PLAYED.
SMALL PLANE CRASHES ON SUNY PURCHASE PROPERTY
AND
ON PEOPLE TO BE HEARD
“Westchester County’s Most Relevant Interview Program”
THE FASNY SIDE OF THE STORY
YOU’VE GOT
MICHAEL ZARIN, THE FASNY ATTORNEY
AND
JOHN BOTTI, FASNY ADVOCATE

Michael Zarin, 2nd from left, and John Botti, second from right, shown from their appearance on WHITE PLAINS WEEK last fall ane BACK on this week’s PEOPLE TO BE HEARD to talk abot this week’s FASNY court ruling and the French American School of New York new site plan on schedule for its special permit hearing coming up July 7. Don’t miss the action!
DOWNLOAD BOTH THESE
KEY PROGRAMS
NOW AT
www.whiteplainsweek.com
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WPCNR SOUTHEND TIMES. News Release from the Gedney Association. June 21, 2014:
Eight Neighborhood Associations in the vicinity of the proposed French American School of New York’s (FASNY) regional school complex have sent an urgent letter to Mayor Thomas Roach and members of the White Plains Common Council requesting postponement of the initial Public Hearing tentatively scheduled for July 7, 2014.
Speaking of the July 7th date John Sheehan, Vice President of the Gedney Association said “We were shocked that the Mayor and Common Council would even consider a summer date for these important hearings. July 7th is the first day after the three July 4th weekend.
“Could the City have scheduled a worse date for public participation? This first Public Hearing is very important. It’s when the City plans to articulate its argument for closure of a portion of Hathaway Lane as well as FASNY will discuss their application for a Special Permit for the project.
“It also seems strange that the City is putting forth a de-mapping and closure of a public street before the Council has even considered the granting of a Special Permit. Why is the Mayor rushing the process concerning an enormous school complex in the summer when so many residents are away?”
In the letter to the Mayor and Common Council the eight neighborhood associations have also requested that another venue be selected for these important hearings.
Mr. Sheehan stated “The FASNY application has generated substantial opposition by residents and in the interest of open government everyone should have a right to be in the same room. During the last hearings residents were turned away from the Common Council meeting room to the City Hall lobby to watch the proceedings on TV. In the past, major projects that have generated this type of interest were relocated to the White Plains High School.”
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WPCNR AVIATION NEWS. From Peter Katz, Editor, NTSB REPORTER. June 21, 2014:
“Preliminary information from the Federal Aviation Administration (FAA) revealed that the flight departed HPN at 0806 and that the air traffic control tower was contacted shortly thereafter by the New York Terminal Radar Approach Control facility inquiring if the flight had departed. The local controller responded that the flight should have departed but that ‘visibility was so low he couldn’t tell.’
“Review of recorded radar data indicates five radar targets identified as the accident airplane were captured, and all were over HPN airport property. The first three radar targets began about mid-point of the 6,500-foot runway and each were at 500 feet mean sea level (msl). The airport elevation was 439 feet msl. The final two targets depicted a shallow right turn and were at 600 and 700 feet msl respectively, before radar contact was lost.
“According to FAA and maintenance records, the airplane was manufactured in 2001. According to a trip log recovered at the accident site, the airplane had accrued 1,931 total hours of flight time. The most recent annual inspection was completed June 3, 2014, at 1,927 total aircraft hours.
“At 0815, the weather reported at HPN, located 1 nautical mile north of the accident site, included an overcast ceiling at 200 feet and 1/4 mile visibility in fog. The wind was from 090 degrees at 6 knots. The temperature was 17 degrees C, the dew point was 17 degrees C, and the altimeter setting was 29.85 inches of mercury.
“Examination of the accident site revealed a strong odor of fuel and that all major components of the airplane were accounted for. No evidence of an in-flight or post-impact fire was observed on any of the airframe components. The wreckage path was oriented about a magnetic heading of 270 degrees and was approximately 360 feet in length.
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WPCNR WHITE PLAINS LAW JOURNAL. From the Gedney Association. June 19.2014:
The Gedney Association amplified its public statement by its President Terrence Guerriere Thursday, claiming for the first time the city administration exerted its influence on the Common Council on the implications of its Findings Statement on the Environmental Review of the French American School of New York plan to consolidate their three schools on the former Ridgeway Country Club.
The release alleges: “The City admitted that they tried to circumvent the Open Meetings Law by having Council members meet with the City’s attorney behind closed doors to discuss the FASNY Environmental Finding and as a result the Court required the City to answer those secrecy claims asserted by the Gedney Association”
The complete statement reads:
The Gedney Association announced it was pleased the Supreme Court Decision of June 16, 2014 did not dismiss the Gedney Association Lawsuit—–contrary to the statements of FASNY.
This Decision permits litigation against the City of White Plains to continue. The lawsuit stated various claims regarding the City’s review of the French American School of New York’s (FASNY) application to build a large regional school complex in the middle of the low-density Gedney Farms residential neighborhood.
The Gedney Association asserted that the City violated requirements of the State Environmental Review Act (SEQRA) as well as the Open Meetings Law (OML) and other City rules and procedures in its review of the FASNY application. Speaking of the Supreme Court’s Decision Terence Guerriere, President of the Association noted
“We are pleased that the Court did not dismiss on the merits any of our claims regarding the ‘Environmental Findings’ of the Common Council, but only found that some were not ‘ripe’ for determination at this time—but these same claims will be ripe for determination when the Special Permit and Site Plan are decided.”
President Guerriere also remarked that the Court rejected FASNY’s and the City’s assertion that the Gedney Association and Members did not have “standing” to sue. Significantly, the Court did not dismiss the Open Meetings Law claim against the Common Council.
Gedney Association Attorney Dennis Lynch, of FEERICK LYNCH MACARTNEY, remarked “The City admitted that they tried to circumvent the Open Meetings Law by having Council members meet with the City’s attorney behind closed doors to discuss the FASNY Environmental Finding and as a result the Court required the City to answer those secrecy claims asserted by the Gedney Association”.
President. Guerriere remained confident all claims will be later decided in the residents’ favor noting, “The City’s violations of law made the environmental review process so defective that the Gedney Association and others were compelled to file this lawsuit”.
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WPCNR CAMPAIGN 2014. Special to WPCNR from the White Plains Republican Party. June 18, 2014 (EDITED):
As first reported by WPCNR Tuesday, the White Plains Republican Party announced today that their candidate to run in the special election to serve the remainder of the unexpired term of Benjamin Boykin for the White Plains Common Council in November is Terence Guerriere.
Brian Maloney, Chairman of the White Plains Republican Party, heralded Terence’s qualifications and the need for a fresh voice on the Council:
“Terence Guerriere is a dedicated White Plains advocate, a community leader and a professional with an impressive resume and a proven record of meeting challenging issues. We are excited to show the people of White Plains that there indeed is a strong voice for this great City’s hard working families and neighborhoods, that are presently being ignored.”
Mr. Guerriere, a Senior Vice President at Madison Commercial Real Estate Services, is a leader who has displayed keen insight in resolving complicated issues and has demonstrated a willingness to compromise and finding common ground in the most complex litigation. He is an experienced attorney and corporate executive.
Mr. Guerriere, in addition to the aforementioned experience, gained expertise as an attorney in private practice with McCarthy Fingar, LLP, was co-founder and General Counsel of Electronic Land Services. Inc. and a Managing Counsel for the National/Commercial Office of Old Republic National Title Insurance Company.
Guerriere is a graduate of Archbishop Stepinac High School, Williams College and earned his Juris Doctor from St. John’s University School of Law. Prior to his law career, Mr. Guerriere clerked for the Surrogate Court Judge of Nassau County, New York.
His previous career as a private school educator and administrator afforded Mr. Guerriere the skills to be an effective lecturer and coalition leader, and has spoken on the topics of legal ethics and complex issues of law and community planning.
Active in the White Plains community, he has served on the White Plains Planning and Zoning Boards, including serving as Chairman, and currently is President of the Gedney Association, a local family advocacy and service organization. Mr. Guerriere is a co-founder of the Archbishop Stepinac High School Foundation.
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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey June 17, 2014 UPDATED 11:10 P.M.:
On Monday, the New York State Supreme Court dismissed all but one complaint filed by the Gedney Association aimed at blocking FASNY’s proposed school project
Upon careful reading of the Judge’s papers this evening by WPCNR , Judge Joan Lefkowitz denied the City of White Plains motion to dismiss the Seventh Claim that accuses the Common Council of violating Public Officers Law.
This last surviving claim asks for an order enforcing the Open Meetings Law and a judgment declaring void the actions taken by the Common Council when they issed the Findings State.
The Judge’s decision allows 30 days for the Gedney Association to resubmit their framing of this argument naming FASNY and allowing the Gedney Association to expand its argument on this Seventh remaining claim.
Judge Lefkowitz writes, noting case law involving the Public Officers Law allows that “the pleading is to be afforded a liberal construction. The facts are presumed to be true, the plaintiff is afforded the benefit of every favorable inference and the court is to determine only whether the facts as alleged fit within any cognizable theory.”
And, again, Judge Lefkowitz notes, citing another case law, that the court, “should not consider documents submitted by respondents in support of dismissal.”
According to the press release from the French American School of New York issued Tuesday afternoon, this lone remaining claim was “sparse and weak.”
In her June 16, 2014 New York State Supreme Court decision, the Hon. Joan B. Lefkowitz dismissed a number of claims challenging the City of White Plains Common Council’s environmental findings on the grounds that they were “nonjusticiable” and not appropriate for adjudication. There was one surviving claim (the 7th) that the court labeled as “sparse and weak.”
“This is a very important victory for the French-American School and the City of White Plains,” said Mischa Zabotin, Chairman of the Board of Trustees of FASNY.
Terence Guerriere, President of the Gedney Association gave WPCNR this statement Tuesday evening on Judge Lefkowitz’s ruling:
“We have made significant improvements to our plan including a number of measures that will reduce the impact on traffic in the neighborhood by 50%, a reduction in total enrollment and increased buffers and landscaping around the campus. These improvements were the result of many months of technical study and are consistent with the SEQRA Findings that were supported by a 6-1 vote of the Common Council in December 2013. We are pleased with the State Supreme Court’s decision and are ready to move forward.”
The lawsuit, filed earlier this year by members of the Gedney Association, claimed the White Plains Common Council did not properly review the environmental impacts of the school’s plan and that its positive findings in favor of the project violated the State Environmental Quality Review Act, or SEQRA.
“We are pleased the court ruled in our favor as there was never any legal grounds for these baseless claims,” said FASNY Attorney Michael Zarin. “The suit filed by the Gedney Association was baseless and a waste of everyone’s time, money and valuable resources, especially the taxpayers of White Plains.”
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Terence Guerriere (October, 2010) Tapped by White Plains Republican Party to Oppose Nadine Hunt-Robinson for the year remaining on former Councilman Boykin’s term.
WPCNR CAMPAIGN 2014. By John F. Bailey. June 17, 2014:
Terence Guerriere, of Gedney Farms has been offered the opportunity to contend for the final year of former Councilman Benjamin Boykin’s council term by the Republican Party leadership, beginning in January 2015..
This morning, speaking to WPCNR by phone, Mr. Guerriere confirmed he was offered the candidacy and has accepted it. He said the party had approached him at the end of last year after Mr. Boykin won election to the Westchester County Board of Legislators.
Guerriere, one of the leaders of the Gedney Association effort to convince the city not to approve the French American School of New York plan to build a 7-building school campus on the defunct Ridgeway Country Club, told WPCNR he has decided to run.
He said behind his decision to run again was the current political condition where the city government is not listening to the neighborhoods. He told WPCNR his campaign would forcus on repairing labor relations between the city and its unions; concentrate on filling up the empty storefronts along Mamaroneck Avenue and the downtown which he said has the most vacancies of rental space since before the recession began in 2008.
He has not picked his campaign manager yet but expects to receive input from former Councilman Larry Delgado and Terry Conroy.
The Guerriere candidacy may be contested by another former Republican Council candidate,Richard Cerulli, who may chose to run on the Independence Party line in November.
Meanwhile over on the other side of town, as I reported on WVOX Radio during the new John Marino Good Morning Westchester program,
![IMG_1338[1]](http://whiteplainscnr.com/wp/wp-content/uploads/2014/05/IMG_13381-300x225.jpg)
Meanwhile, Charles Morgan, a Democratic City District Leader has begun collecting signatures to attempt a primary run to wrest the Democratic Party nomination from Nadine Hunt-Robinson..
Morgan told an organizer of the Juneteenth parade he is definitely shooting to primary Hunt-Robinson in September.
To recall the scenario resulting in Morgan’s primary effort, Democrat district leaders were upset when Hunt-Robinson was unexpectedly named to the Common Council Boykin vacancy because Hunt-Robinson had never been a district leader, and worse was not a registered Democrat, being a member of the Independence Party.
Leaders were also annoyed that she was suggested to the Mayor and Common Council b the Ministerial Fellowship of White Plains which persuaded the Mayor that Mr. Boykin, former holder of the seat was an African-American and the black community needed to continue to have representation on the Common Council.
Previously, Nick Wolf, who is white, and a well-known district leader in the Democratic Party highly active in black community issues, had been attending a number of council meetings over the summer and fall, in anticipation of being named to the seat to replace Mr. Boykin.
Ms. Hunt-robinson a wife of one of the ministers in the Ministerial Fellowship was suggested to the Mayor as an African-American to fill the “black seat” quote-unquote.
Thomas Caruso who is on the Democratic City Committee Nominating Committee challenged the Robinson nomination and lost by 1 District vote, but decided he would not primary Ms. Hunt-Robinson.
Mr. Morgan, though, also an African-American was not deterred. He was bothered by the notion that there was any seat that would be determined by the color of a person’s skin and would belong to any race, and has apparently decided to make a run in a primary to make a point.
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WPCNR PLAYLAND GO-ROUND. From Save Playland. (EDITED) June 16, 2014:
Save Playland, the grassroots citizens effort that came together a year and half ago over concerns about a variety of threats to the long term survival of Playland Amusement Park, has stated their opposition to County Executive Rob Astorino’s recent announcement to begin a new “on the ground” study of Playland’s operations.
While Save Playland is relieved that the Sustainable Playland Inc. group (“SPI”) no longer has an Asset Management Agreement to run the beloved historic County park, and considers it a very positive development that the massive ‘Field Zone’ construction project has been taken off the table, this new turn raises deep concerns about the direction of County Executive Astorino’s true plans for Playland.
This new tactic to put off any decisions until after the Gubernatorial race is over will further delay any improvements to the park and may very well jeopardize any hope of getting a viable, experienced operator in place to turn things around.
It raises red flags that SPI is being allowed to remain on as an involved entity in any way whatsoever, least of all in being assigned oversight of the historic preservation and fund-raising duties for the park.
The new study proposed by the County Executive is highly objectionable because it is assigned to Dan Biederman, one of the architects of the original SPI plan. While well regarded in his field and clearly able to demonstrate impressive successes at Bryant Park in NYC and other locations, Mr. Biederman should not necessarily be expected to be an objective reviewer as he was part of the development team for SPI’s flawed plan, which has now been deemed unworkable.
If further study truly needs to be done on the operations of Playland Amusement Park, an entity qualified specifically in the amusement park industry should be chosen to do it. In addition, it is being reported that the County Executive is paying Mr. Biederman $20k a month for his four month long “evaluation” bringing the fee to a total of $80k. This is enormous sum of money and raises the question of whether or not there was any bidding process for this consulting job.
Save Playland is calling for the County Board of Legislators to continue their review of operators by meeting with the two remaining finalist applicants in the RFP process: Central Amusements and Standard Amusements.
With the same speedy and efficient method we saw the Labor Parks Planning & Housing Committee undertake this year in vetting SPI, the Legislators could quickly accomplish a review expounding on the vetting previously done on these two entities. This could move a plan into place going forward much sooner than the extended timeline County Executive Astorino has laid out at no further significant cost to taxpayers.
Now that the SPI plan has been withdrawn the County should proceed immediately to reach out to the other two finalist applicants before they withdraw their commitment to invest significant funding into Playland Park.
These two vendors – Central Amusements Inc. and Standard Amusements – have committed to investing millions of private sector dollars towards making Playland a success. They submitted their proposals after the 2010 RFP process was announced.
They may (understandably) have reached such a level of exasperation with the process at this point that they will now bow out never to return. These two remaining RFP respondents are prepared today to invest millions of dollars into the park and get things up and running in time for the 2015 Playland season; we cannot afford to squander this opportunity with further delays.
County Executive Astorino’s announcement this week should be rejected because:
Westchester County residents and the Board of Legislators should not accept these delay tactics and this plan to move the failed Playland process off the front pages until post-election season. It is time to choose a qualified amusement park operator before the clock and private sector dollars run out.
We are calling on the BOL to immediately circumvent these delay tactics, get back to the review process to finish vetting both Standard Amusements and Central Amusements, then move forward in a positive, constructive way to ensure a brighter future for this beloved Westchester County treasure.