Attorney General Catches 3 White Plains Gas Stations Gouging Prices After Sandy

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WPCNR WHITE PLAINS LAW JOURNAL. From the Office of the New York State Attorney General. July 24, 2013:  
As part of his ongoing probe of high gasoline prices in the wake of Hurricane Sandy, Attorney General Eric T. Schneiderman today announced that he has reached a settlement with a major gasoline wholesaler and retailer that supplies and operates stations in the lower and mid-Hudson Valley. CPD Energy Corp. (“CPD”), based in New Paltz, has agreed to pay $50,000 in penalties for charging unconscionably excessive prices at six stations that it owns in Westchester, Putnam and Ulster counties.
The CPD settlement represents the largest penalty paid by a single operator for price gouging on gasoline after Hurricane Sandy.
Three of the gas stations are the Mobil Station at 1237 Mamaroneck Avenue in White Plains, and the popular Mobil at 174 Westchester Avenue and the Hutchinson Mobil Station on the Hutchinson River Parkway. Settlements were reached with the following White Plains stations
Mamaroneck Service, Inc. (Mobil), 1237 Mamaroneck Avenue, White Plains, NY
  • Difference between wholesale price and retail price prior to storm: $0.93
  • Difference between wholesale price and retail price immediately following storm: $1.17
  • Increase in wholesale/retail spread before-and-after the storm: 33%
  • Retail price immediately following the storm: $4.29
Chestnut Mart (Mobil), 174 Westchester Avenue, White Plains, NY
·         Price before the storm:  $4.33
·         Maximum price after the storm:  $5.03
·         Increase in price before-and-after the storm: $0.70
Hutchinson Parkway Station (Mobil), Hutchinson River Parkway, White Plains, NY
·         Price before the storm:  $4.25
·         Maximum price after the storm: $4.85
·         Increase in price before-and-after the storm: $0.60
“As thousands of New Yorkers sat in line for hours waiting to buy gasoline during the state of emergency created by Hurricane Sandy, some crooked station owners increased their retail prices by excessive and illegal amounts,” Attorney General Schneiderman said. “Today, we are continuing to send the message that ripping off the public during a time of crisis is against the law, and that those who engage in illegal price gouging will be held accountable.”
Attorney General Schneiderman also obtained a default judgment of $23,733 against another operator, Mena Inter Inc., doing business as a USA Petroleum gas station in Farmingdale. The judgment includes disgorgement of excess profits, civil penalties, and costs to the state, and represents the largest penalty assessed for gouging at a single station. The order was entered by the Honorable Norman Janowitz in State Supreme Court in Nassau County.
The Attorney General also reached monetary settlements with five additional station owners — two in Westchester, one in Rockland and two in Nassau — for violations of the New York State Price Gouging statute. These actions come on the heels of 30 previous settlements announced earlier this year, and bring the total penalties and costs paid to $287,618 by 42 gas stations found to have engaged in price gouging. The Attorney General sued two other gas stations in May. Those lawsuits are pending. Investigations of several other gas stations are ongoing.
In the days after the storm, areas of New York saw some of the largest jumps in gas prices in state history. The price jumps resulted in hundreds of complaints received by Attorney General Schneiderman’s office and showed that prices were changing at the pump, not only overnight but several times a day.
New York State’s Price Gouging Law (General Business Law § 396-r) prohibits merchants from taking unfair advantage of consumers by selling goods or services for an “unconscionably excessive price” during natural disasters. The price gouging law covers New York State vendors, retailers and suppliers. The law specifically says that a price may be considered excessive if there is a “gross disparity” between the prices charged immediately before and after the emergency and the disparity is not attributable to higher costs imposed upon the seller.
The following stations are covered by the CPD settlement:
(All prices below are for regular unleaded gasoline.)
 
Yorktown Food Mart Inc. (Mobil), 2035 Saw Mill River Road, Yorktown Heights, NY
·         Price before the storm: $4.13
·         Maximum price after the storm:  $4.67
·         Increase in price before-and-after the storm: $0.54
 
Chestnut Mart Inc. (Mobil), 838 Kimball Avenue, Yonkers, NY
·         Price before the storm:  $4.06
·         Maximum price after the storm:  $4.58
·         Increase in price before-and-after the storm:  $0.52
 
Friendly Service New Paltz (Mobil), 409 Main Street, New Paltz, NY
·         Price before the storm:  $4.00
·         Maximum price after the storm: 4.47
·         Increase in price before-and-after the storm:  $0.47
 
 
Chestnut Mart Inc. (Mobil), 3081 Route 22, Patterson, NY
·         Price before the storm:  $3.95
·         Maximum price after the storm:  $4.37
·         Increase in price before-and-after the storm:  $0.42
The price increases charged by CPD following Sandy at these six gas stations greatly exceeded CPD’s additional costs. Because Hurricane Sandy knocked power out to the area’s gas refineries, the regular supply terminal from which CPD purchased gasoline had either a limited supply available or none at all during the State of Emergency period. As a result, CPD bought gasoline from more distant terminals including Syracuse (Van Buren), Springfield, MA, Revere, MA, East Providence, RI and New Haven, CT, and incurred additional costs of approximately 16 cents per gallon to transport this gasoline to its stations. However, CPD’s price increases at the six stations—which ranged from 42 cents per gallon to as much as 70 cents per gallon—greatly exceeded the additional transportation costs.
The default judgment was entered against the following station:
(All prices below are for regular unleaded gasoline. The spread is the difference between the wholesale price paid by the operator and the price charged at the pump.)
Mena Inter Inc. (USA Petroleum), 630 Main Street, Farmingdale, NY.
  • Difference between wholesale price and retail price prior to storm: $1.04
  • Difference between wholesale price and retail price immediately following storm: $1.80
  • Increase in wholesale/retail spread before-and-after the storm: 73%
  • Retail price immediately following the storm: $4.59
Settlements were also reached with the following retail service stations:
(All prices below are for regular unleaded gasoline. The spread is the difference between the wholesale price paid by the operator and the price charged at the pump.)
Katonah Gas & Auto Service, Inc. (Mobil), 80 Bedford Road, Katonah, NY
  • Difference between wholesale price and retail price prior to storm: $1.26
  • Difference between wholesale price and retail price immediately following storm: $1.61
  • Increase in wholesale/retail spread before-and-after the storm: 27%
  • Retail price immediately following the storm: $4.79
A&Z Service Center (Citgo), 364 New Hempstead Road, New City, NY
  • Difference between wholesale price and retail price prior to storm: $0.85
  • Difference between wholesale price and retail price immediately following storm: $1.35
  • Increase in wholesale/retail spread before-and-after the storm: 58%
  • Retail price immediately following the storm: $4.39
ZAM Service Center (BP), 464 West Jericho Turnpike, Huntington, NY
  • Difference between wholesale price and retail price prior to storm: $0.87
  • Difference between wholesale price and retail price immediately following storm: $1.20
  • Increase in wholesale/retail spread before-and-after the storm: 48%
  • Retail price immediately following the storm: $4.30
The 900 Broadway, LLC. (BP Gas Station), 900 N. Broadway, Massapequa, NY
·         Difference between wholesale price and retail price prior to storm: $.78
·         Difference between wholesale price and retail price immediately following storm: $1.18
·         Increase in wholesale/retail spread before-and-after the storm: 51%
·         Retail price immediately following the storm: $4.29
For information about lawsuits filed and settlements reached previously by Attorney General Schneiderman related to Gas Gouging during the emergency, please click here.
The lawsuit against Mena Inter Inc., and the settlement with The 900 Broadway, LLC. were handled by Assistant Attorney General-in-Charge Valerie Singleton of the Nassau Regional Office, under the supervision of Executive Deputy Attorney General for Regional Affairs Martin J. Mack. The other settlements were handled by Assistant Attorney General Sandra Giorno-Tocco and Assistant Attorney General-in-Charge Gary Brown of the Westchester Regional Office, under the supervision of Executive Deputy Attorney General for Regional Affairs Martin J. Mack.
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County Signs Contracts with Childrens Museum and Sustainable Playland. No Terms Disclosed. Board of Legislators In Dark on Financials. Ice Casino Will Not Open Until NEXT July

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WPCNR COUNTY CLARION-LEDGER. By John F. Bailey. July 23, 2013 UPDATED July 25, 2013:

Westchester County Executive Robert P. Astorino signed two contracts today (Asset Management Agreements) with the holding company, Sustainable Playland, and the Westchester Childrens Museum in a news conference at Playland, without disclosing terms of the agreements. Substantial changes to the park will not be made to the park in 2014, but will be delayed for a few years, Mr. Astorino said.

The Sustainable Playland contract  in Mr. Astorino’s view makes final the choice of Sustainable Playland, pending approval by the County Board of Legislators of the Sustainable Playland “Park Improvement Plan,” by January 1.

That is the deadline that Mr. Astorino set for the legislature to act on whether or not they approve of the  Sustainable Playland proposal. At that point, if the Sustainable plan, which  Kim Morque, president of SPI., was in the process of being finalized and submitted to the Board of Legislators.

Astorino said if the Board did not act and approve the Park Improvement Plan , Sustrainable Playland has the right to walk away from the agreement, after January 1.

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Mr. Morque, the Sustainable head, (above, center) answering a question from WPCNR at the news conference as to whether Playland would be open next year and when construction would start indicated the public should not expect too much. He did say that Sustainable has commitments of major financing from  Playland Sports who will build the field house; American Skating who will run the ice casino, Central Amusements International (one of the original responders seeking to run the park, in addition to Sustainable Playland.) To his right is Corinne Zola, President of  Westchester Childrens Museum and, to Mr. Morque’s left, County Executive Robert P. Astorino.

Marque, responding to when work would start said,   “The plan will be submitted within 30 days. It’s a plan that will also evolve. I think there’s perception on the part of the public that on October 1 bulldozers would show up for work, and that’s not the case. We’re going to be very sensitive. We understand the importance of the amusement park components  and keeping a vibrant amusement park so that it’s a great amusement park on a seasonal basis and we think we can do that. We need more open space and a better integration. So we’re excited about it and will be submitting it within 30 days.”

Mr. Astorino, sounding pained, added, “I think that’s a good point. This is…come May of next year will not be a brand-new park This will evolve over several years. People will start to see the park being freshened up, new plantings, painting– all the historical aspect of this will stay. That was very important to all of us. Playland since 1928 has been an art deco feature and that’s what we want to continue. That’s what the public expects. But that doesn’t mean things can’t improve. And they must improve. The public will see some changes, but in the years to come you’ll start seeing bigger and better things happen here: The beginnings of the great lawn, moving things around a bit, maybe some of the oudoor fields. But things take time. I think the important thing is to get the management team in here the professionals in here where they can start making improvements and the county starts making some money so the taxpayers get some relief. That would be the first step. You’ll see some visible signs next year, but as we progress you’ll start to see more and more things, including restaurants being added, some new rides coming in, field house those are the kind of things that will take time.”

Astorino disclosed for the first time that the Playland Ice Casino repairs would not be completed until July of next year, meaning a another dark year for the rink. Astorino said bids for the repair would be opened this week. George Oros a member of the Astorino staff said it was due to the fact the funding was being reimbursed by federal disaster money that has taken months for the county to ascertain whether its availble. Last January the county had decided to go ahead with repairs and hope for reimbursement.

On Thursday, asked for a statement on why it has taken 7 months for the bid process to be completed and work not started, Deputy Communications Director, Donna Greene issued this statement:

“As far as why it took so long, this kind of process always takes time, the design, writing bid specs, advertising, etc.”

Greene said there was no decision on the winning bid as of late yesterday afternoon.

Kenneth Jenkins, the Chairman of the Board of Legislators, told WPCNR in an interview after the conference that the Board would not be rushed into a fast approval of the Park Improvement Plan by January 1. He vowed not to drop his lawsuit, a request for a summary judgment as to whether the County Executive entering into a 10 year licensing agreement was legal without Board of Legislators approval. He also said he was disturbed that today was the first time the administration had informed of the delay in the rink repair. Jenkins speculated the administration delayed the repairs so the skating vendor chosen by Sustainable Playland could execute the repairs the way they wanted.

He also said he liked that Central Amusements International was the Sustainable choice to do the amusement park portion of the park. Jenkins also said the Board had not received copies of the new contracts and had no idea of the financials as to how Sustainable sees their version of the park making money, what rides fees and attractions fees would be and the financial commitments of the backers.

Jenkins said Sustainable had no money of its own to invest, describing them as “a holding company” with the cost of the $34 Million coming from their “partners.” Jenkins said it was his understanding that if Sustainable does not make the money expected, the county gets nothing, and loses $15 Million a year in revenue which the park makes now.

The Children’s Museum Exective Director, Tracy Kay, told WPCNR The Childrens Museum whose contract was also signed today said the museum expected to financer some $10 Million in construction costs against fund-raising leverage to get construction started soon  Kay said the museum would install $6.1 Million of heating ventilation and air conditioning equipment plus $3.8 Million for interior attractions in the museum.

 

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Noam Bramson Tour Visits White Plains

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WPCNR CAMPAIGN 2013. By John F. Bailey. July 23, 2013:

NOAM BRAMSON, Mayor of New Rochelle, and candidate for County Executive vistited White Plains Monday evening, taking his message to WP to about 30 persons at the YWCA.  About ten of those 30 were political officer holders, including Mayor Tom Roach of White Plains and 4 White Plains Councilpersons, and State Senator George Latimer, and Assemblyman David Buchwald.

HE PRESENTED WHAT HE THOUGHT  WAS WRONG ABOUT THE ASTORINO ADMINISTRATION HOUSING SETTLEMENT POSITIONS.

HE POINTED OUT HOW HE FELT THE COUNTY EXECUTIVE MISREPRESENTED WHAT THE HUD ( DEPART OF HOUSING AND URBAN DEVELOPMENT) HOUSING SETTLEMENT WOULD COST THE COUNTY, HOW MANY UNITS THE COUNTY WOULD HAVE TO BUILD, AND  CHIDED MR. ASTORINO FOR SAYING HUD WAS CALLING FOR REMOVING LOCAL ZONING.

INSTEAD BRAMSON SAID HUD WAS CALLING FOR COLLABORATIVE DISCUSSIONS ON ZONING THAT RESPECTS THE RESTRAINTS PUT UPON COMMUNITIES.

Bramson, speaking with an articulate, compelling freshness of style charged he current County Executive “had not demonstrated constructive leadership when it comes to resolving the affordable housing settlement and enabling us to move on, accusing him of engaging in “a campaign of significant public deception.”

Bramson promised that when the HUD housing crisis was resolved he would work for a “new comprehensive housing policy,” to provide housing for workforce families and young professionals.

He criticized the present administration for a lack of planning and having NO coherent development plan to bring business to the county, criticising how the County Planning Department had been gutted and Westchester has refused to participate in area sustainbability alliances.

He defended   the rate of tax increase in New Rochelle as being the lowest among big cities of Westchester, and touted the New Rochelle municipal tax rate as the lowest in Westchester. He did not answer a question about how much taxes had gone up when asked.

For the record, the New Rochelle city website, http://newrochelleny.com/DocumentCenter/View/696   Document Center reports that in the 10 years between 2003 and 2013, when Mr. Bramson was on the city council and in 2007, becoming Mayor, the New Rochelle CityTax Rate went from $107.14 per $1,000 to $198.50 per $1,000, a tax increase of 85%. The year Mr. Bramson became Mayor (2007) the tax rate was $139.81 per thousand and six years later it is $198.50 per thousand, a 39% increase.  The White Plains Tax Rate for 2013 is $191.74 per thousand dollars of assessed valuation, compared to $198.50  New Rochelle.

The Consumer Price Index for the New York Metropolitan area increased 27% from 2003 to 2013.

 Mr. Bramson accused the County Executive  borrowing 90 Million over the last four years, $48 million in the last year.  He said this  drawing down of fund balance was how Astorino had prevented tax increases.

He said he would create a framework to create savings on services by sharing expenses.  He did not say if he would raise taxes to cover the shortfalls filled by taking county fund balance.

ON THE PLAYLAND SITUATION, HE DID NOT ENDORSE ANY ORGANIZATIONS TO TAKE OVER PLAYLAND. HE BLAMED LOWERING ATTENDANCE ON THE SHARPLY INCREASED ADMISSIONS POLICIES OVER THE LAST FOUR YEARS.

HE SAID PLAYLAND WAS ACTUALLY BREAKING EVEN IF YOU TOOK THE DEBT SERVICE CHARGED THE PARK OUT OF THE NUMBERS. HE SAID THE COUNTY ADMINISTRATION, AND BY INFERENCE THE BOARD OF LEGISLATORS HAD NOT VETTED THE SUSTAINABLE PLAYLAND PROPOSAL WELL. INDICATING THAT HE IS SIMPLY AGAINST THE SUSTAINABLE PLAYLAND PROPOSAL ABOUT TO BE ENTERED INTO IN A CONTRACT WITH THE COUNTY TODAY

He stood for strengthening families

HE SAID HE WANTED TO REORGANIZE THE DEPARTMENT OF SOCIAL SERVICES TO SAVE MONEY AND MAKE A ONE PORTAL DELIVES ALL TYPE EXPERIENCE FOR THOSE USING THE DEPARTMENT.   HE SAID METRICS OF PERFORMANCE SHOULD BE APPLIED TO EVALUATE PERFORMANCES IN ALL DEPARTMENTS. He says this WILL DELIVER A BETTER FORM OF GOVERNMENT.

HE ACCUSED THE PRESENT ADMINISTRATION OF APPLYING A MEAT CLEAVER TO SAVING MONEY ON SERVICES…SUCH AS ITS CUTS ON CHILD CARE.

HE  SAYS THE ADMINISTRATION APPROACH SEEMS TO ALL “SPRING FROM AN IDEOLOGICAL PREDISPOSITION AGAINST PUBLIC ACTION WHICH REALLY BELIEVES THE LESS WE DO TOGETHER THE BETTER OFF WE’LL BE AND THE MORE WE’RE LEFT TO FEND FOR OURSELVES THE BETTER OFF WE’LL BE.”

He said THE ATTITUDE ON THE NINTH FLOOR OF THE COUNTY OFFICE BUILDING TODAY IS “IT’S NOT MY PROBLEM,” AND SAID, “I THINK WE HAVE MORE OF A SENSE OF COMMON PURPOSE THAN THEY DO NOW.”

HE  SAID HIS SUPPORT OF ABORTION (MR. ASTORINO IS AGAINST ABORTION), IS IMPORTANT TO CONSIDER BECAUSE IT ENTERS INTO POLICY MAKING, POINTING OUT THAT ASTORINIO VETOED AN  (ABORTION)  CLINIC ACCESS ASSURANCE BILL AT THE COUNTY LEVEL.

BRAMSON WRAPPED UP HIS TALK SAYING OF COUNTY EXECUTIVE ROBERT ASTORINO,

“HE CAMPAIGNS A LOT LIKE NELSON ROCKEFELLER, BUT WHEN YOU ACTUALLY LOOK AT HIS GOVERNING AGENDA, IT RESEMBLES WHAT YOU MIGHT EXPECT FROM NEWT GINGRICH. THAT IS NOT WHAT LOTS OF PEOPLE BARGAINED FOR WHEN THEY ELECTED HIM FOUR YEARS AGO. I THINK WE NEED A SIGNIFICANT CHANGE.”

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County Exec to Sign Asset Management Agreement with Sustainable Playland to Develop Playland Tuesday. PREMATURE SAYS BOARD OF LEGISLATORS

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WPCNR PLAYLAND NEWS. From the Westchester County Department of Communications and the County Board of Legislators Press Office. July 22, 1013:

Westchester County Executive Robert P. Astorino will sign two major Playland agreements on Tuesday, July 23, that are designed to preserve the Dragon Coaster and other iconic rides, protect taxpayers and position the 100-acre park in Rye as a year-round destination for family fun.

The County Board of Legislators spokesman, Tom Staudter, said the signing was “premature,” in that the Chairman of the Board of Legislators, Kenneth Jenkins, has a lawsuit pending that the awarding of the contract was not legal for the Board of Acquisitions and Contracts to do without approval of the Board of legislators because of the size of the contract.

Staudter said the proposed signing did not indicate the Board of Legislators had decided that Sustainable Playland was the Board’s choice. He said the Board has retained an independent consultant to evaluate the proposed financial benefits to the county of the four main proposals, including Sustainable Playland are. Staudter said that report would be released “soon.”  Staudter also asked rhetorically if Sustainable Playland would be presenting a check towards the county debt on Playland, (original proposal by Sustainable said they woud present a $4 Million payment for the county Playland debt upon signing of the Assest Management Agreement).

Geoffrey Thompson, spokesman for Sustainable Playland told WPCNR that Sustainable Playland would not present a check to the county at the scheduled signing tomorrow.

Thompson told WPCNR that once the agreement was signed, Sustainable Playland could be free to ink investors in the project to contracts to fund the $34 Million in investment Sustainable Playland promises and proceed. Staudter, the Board of Legislators spokes person said Sustainable financing and ability to fund what they say they will do in Playland was a primary concern of the Board of Legislators.

Staudter pointed out to WPCNR that Sustainable as part of the Asset Management contract, had to provide an “improvement program” by the end of the year, with specifics, for the board approval. He also noted that the courts could very well throw out the Board of Acquisition and Contracts  award of the Asset Management Program to Sustainable.

The signing ceremony will take place on the Playland Boardwalk at 11 a.m. (In the event of rain, the ceremony will be inside the Westchester Children’s Museum’s new home on the Boardwalk.)  Astorino will be joined by Corinne Zola, president of the museum, and by Kim Morque, president of SPI.

  • Astorino will sign an asset management agreement for Sustainable Playland Inc. (SPI) to operate the park. Terms call for SPI to invest $34 million in the park and manage all vendors.
  • Astorino will also sign the lease with the Westchester Children’s Museum for the museum to use one of the renovated bathhouses on Playland’s boardwalk as its home. As part of the agreement, the children’s museum will operate under the umbrella of SPI.

Astorino said both agreements were important components of his initiative to “reinvent Playland for the 21st century,” an effort he began in 2010 upon taking office.

“Since 1928, Playland has been part of the identity and fabric of Westchester County,” said Astorino. “Through our new public-private partnership with Sustainable Playland and the Westchester Children’s Museum, we are reinventing Playland with a vision that builds on tradition by keeping what we love, such as Kiddyland and the historic rides, replaces tax dollars with private capital and adds new attractions and experiences for visitors to enjoy on a year round basis.  This is a winning formula for saving Playland today and for future generations.”

Both Morque and Zola expressed their eagerness to get started on the reinvention of Playland.

“Sustainable Playland is gratified that we have reached this milestone,” said Morque. “We thank our supporters and we look forward to working with the county government, our operating partners, stakeholders and the non-profit community in a public-private partnership that will result in a revitalized park that preserves and enhances Playland’s amusement park components, historic structures and landscapes. We are particularly pleased that the Westchester Children’s Museum will be moving forward with construction of their facility and working with Sustainable Playland in this exciting community-based park restoration effort.”

Zola thanked the County Executive and Board of Legislators for approving the lease and added: “The Westchester Children’s Museum grew from grass roots to more than 3,000 donors from all municipalities in Westchester. This museum will be an economic driver for the county and an anchor for the redevelopment of PlaylandPark. We look forward to seeing a crowd gathered at the Westchester Children’s Museum in 24 months, when we will cut the ribbon and open the doors to our spectacular museum.”

ABOUT THE ASSET MANAGEMENT AGREEMENT WITH  SPI

This season, Playland will continue to be run by the county, with the plan for SPI to take over next season. Under the agreement, SPI, a Rye-based not-for profit, will run the park, maintain the grounds, and manage the vendors who operate activities on the property. The terms of the 10-year asset management agreement or AMA, which includes a 10-year option to renew, call for SPI to invest $34 million in private capital into the park.

In addition, SPI will pay the county a base fee that could eventually total $4 million, provided all zones become operational as planned. SPI will also make annual payments to the county based on the park’s net operating revenue. SPI estimates this to be about $1.2 million per year once the park is fully developed. SPI’s payments will go toward retiring the county’s existing $32 million of debt on Playland.

With the signing, SPI has 30 days to submit a Playland Improvement Plan (PIP) to Astorino, consisting of the material changes the group proposes to make when the park comes under its management. After the PIP is reviewed by the county executive, it will go to the Board of Legislators for approval. If the BOL does not approve the PIP by December 31, 2013, SPI has the right to withdraw from the agreement.

Admission to the park will be free all year round as well as access to Edith Read Sanctuary, the Boardwalk and the Pier. Throughout the park, attractions will be grouped into a variety of zones with fees charged for various activities.

SPI’s proposal includes:

  • An aqua zone, featuring a mini-water park and beach attractions
  • Outdoor ball fields and an indoor field house
  • Renovated indoor ice rink and a new outdoor winter rink
  • A Great Lawn, that will provide enhanced public access to the Long Island Sound and add attractive multi-use space to the park.
  • Indoor multi-use facility, which can be rented for parties, weddings, meetings and conferences
  • New restaurants.

Proceeds to pay the county, maintain the grounds and make improvements will come from fees SPI charges its vendors, equity investments made by SPI and its vendors, revenues generated by the attractions run by the vendors, and other sources of income, such as parking and sponsorships.

SPI was selected by Astorino in 2012, following a “request for proposals” process.  Out of the 12 proposals reviewed by the county and a citizens committee, Astorino said Sustainable was chosen because it had the best vision for the park financially and operationally, as well as far-reaching experience and strong local ties.

The park has been costing taxpayers $3 million to $5 million annually in recent years, as the number of visitors has decreased from over one million in 2006 to 433,000 last year. Under the SPI’s operation, the goal is to make the park a year-round destination, less dependent on weather and to reduce or eliminate the taxpayer subsidy.

ABOUT THE WESTCHESTER CHILDREN’S MUSEUM LEASE

Under terms of the lease approved previously by the Board of Legislators and the Board of Acquisition and Contract, the Westchester Children’s Museum will lease approximately 21,390 square feet of space in what was formerly used as a men’s bath house. The lease will run for 10 years.

The Westchester Children’s Museum, a not-for-profit, will operate under the management umbrella of SPI, which will allow the two organizations to share expertise, minimize costs and increase efficiencies. In return for investing over $7 million in infrastructure improvements, the museum is being given a lease of  $1 a year for a 10-year period. Plans call for the museum to be open to the public within two years.

The Westchester Children’s Museum will be a celebration of childhood. Exhibit areas will contain experiential laboratories, interactive art pieces, sculptural elements, hidden worlds, climbing structures, and physical connections to the outdoors. The museum’s exhibits and programs will draw from the region’s rich history, cultural diversity, flourishing ecosystems, and literary and artistic traditions.

Even before the museum doors open, the Westchester Children’s Museum is delivering quality educational enrichment programs that leverage hands-on, exploratory approaches toward learning.  Its Museum Without Walls programs are presented at a variety of community centers, schools, and childcare centers throughout WestchesterCounty.  Since the program began in 2010, more than 8,000 kids have engaged in learning experiences that are full of fun and discovery.

The Westchester Children’s Museum projects it will add over $4 million a year to the local economy while creating much needed construction and permanent jobs, encouraging tourism, and reinvigorating Playland – all while preserving a national historic landmark.

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44 Years Ago: Men Walked on the Moon. A Tribute to the High and the Mighty

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This column originally appeared on WPCNR on February 1, 2003, and celebrates the Dreamers, the Achievers, the High and the Mighty:

The Space Blazers:

 The Apollo 11 Crew: Nail Armstrong, Michael Collins,  Buzz Aldrin, Jr. Mr. Armstrong set foot on the moon 44 years ago on July 20.(NASA Photo)

The two papers I receive at WPCNR White Plains News Headquarters, White Plains, New York, USA did not tell you this was the 44th  anniversary of the day when Neil Armstrong walked on the moon.

The exact hour  was  20:11 GMT (Greenwich Mean Time). That was the culmination of the last great American achievement  — the personal computer and the internet were to come as the next great American achievement conquering space — when Apollo 11 with Armstrong in command, with astronauts Michael Collins and Edwin E. Aldrin, Jr. blasted off to the stars  for real becoming the Flash Gordons, Buck Rogerses, Tom Corbetts and Captain Videos for all-time.

Their mission was a success.

But there have been the tragedies associated with striving for the stars and being the best, achieving the best, working for the good. Those are the persons who keep the dreams alive by their deaths and personal sacrifice. I wrote the following after the explosion of the Columbia Space Shuttle upon reentry after 19 days in space in January 2003.

Saturday’s fatal Columbia Space Shuttle accident killing all 7 astronauts aboard when the historic spacecraft broke up over East Texas at daybreak Saturday morning begins a period of national mourning.
The expected media speculations have started, guessing at the cause of the reentry that went bizarrely, awfully wrong.
The truth is the civilized world takes absolute scientific miracles for granted. We do not appreciate the courage and skills of the men and women creating the future.
Those of us with cell phones, internet connections, high-speed trains, satellite communications and entertainment (all products made possible by the space program), do not realize the magnitude of daring achievements that you and I have come to accept to be executed like clockwork.
I first learned of Columbia’s fate late Saturday afternoon when my wife mentioned that instead of sports programming being videotaped on our television, there was coverage of a live NASA event on ABC.
(Incredibly, the radio station I had been listening to on the way from a sports clinic had not reported any hint of the accident. That station was Z-100, the most listened-to station in the New York metropolitan area. America Online also on their first up page did not mention the missing craft as of midday. That kind of communications misjudgment is sad.)
As I watched the close of Mr. Jennings’ coverage at about 3 PM, he signed off with no recap, no names of astronauts, and some parting words about what he thought was the cause of the disaster.
I’ll say what he should have said.
Columbia’s seven astronauts who died — we know their names: they were

 

Columbus, Magellan, Cook, Lewis, Clark, the Wrights, Lindbergh, De Laroche, Earhart, Markham, Gruber, Chaffee, Grissom, White, Gargarin, Komarov, the Challenger Crew, the crew of Soyuz 11. They are a handful of the hundreds of brave men and women who went into the unknown.

 

Appollo 11’s Crew turned the dreams of the 1950s visualized in television shows like Tom Corbett, Space Cadet (above, Astro, Roger and Tom) and Captain Video, “The Master of Science” below  into reality.

America’s Spacemem and the explorers before them are the people who trust in their ability and their vessel to expand the world’s horizons, to know the unknown, whose legacies build a better world. Whose deeds inspire and achievements are the catalyst for achievement to come.
From Cook’s fragile vessel which sailed the Pacific, to the marvel that was the Columbia, the captains courageous who sailed the Roaring 40s, blazed the Oregon Trail, discovered how to fly, and flew the oceans, journeyed to the stars, knew the risks they were taking. 
The media  trivializes their courage, their skills, and the difficulty of what they did and wanted to do, to concentrate on the causes of their failure, as if knowing the cause will make their loss acceptable.

The Magnificent Seven
I do not know Columbia’s Magnificent Seven. I just see their smiling faces in their photograph, and I regret the loss of every one. They had achievement on their faces, pride in their demeanor. Their eyes shown with the glow of being alive and striving to do the great things they set out to do.
Civilization has been created because of people like the crew of the Columbia’s Magnificent Seven, not the incompetence we see demonstrated daily today where technology is concerned.
The Columbia itself had flown 26 missions since launching in 1981. It was guided and outfitted with the best 2003 communications and equipment had to offer.

 

Not like Captain James Cook’s bark, Endeavour, a 100-foot ship powered by sail that conquered the “space” of his time, the Pacific Ocean. It was the Columbia’s Magnificent Seven’s Endeavour. They were tracked, they were backed up, but they perhaps more than anyone here on the ground knew the high dangers of the shuttle mission.
Liftoff, as their predecessors, The Challenger crew fell victim to, is fraught with risk. Reentry, which needs to be negotiated at precisely the right angle of attack, is equally risky. Soyuz 11’s spacecrew of Dobrovolskiy, Volkov, and Patsayev died in 1971 on reentry, when the Russian cosmonauts took too long to descend.
No guarantees in real life. Machines sometimes run out of miracles.
The magnificence of the explorers’ sacrifice and dedication, is that they accept the risk of “the endeavor.”
They accept the challenge, bear it alone, seizing challenge with an indomitable spirit and confidence, facing death when it comes with the satisfaction that they made the effort, and I suspect analyzing, coping, trying to fix it until the end, the very end. Then never give up.
Columbia’s Magnificent Seven, after 16 days in space, are gone now. My sorrow is with their families who will miss these Magnificent Seven, and who know in their hearts that they died trying to reach the pinnacle of their aspirations.
They are only human.
They tried their best, achieved their best, and experienced what they longed to experience. They dared to live the great adventure.
Not all of us have the courage to follow our longed-for adventures and make them real. You can watch movies that attempt to give that experience by transference. That’s why, I believe, you and I take it so personally when we lose heroic personalities of our time. We wonder what they are like. We glorify them, rightly so.
Follow Me! They Say.
I wonder how those Magnificent Seven felt, how satisfying it must have been, to be at your best, doing what you love, coping with the risks.I envy them that.
The Columbia Crew is the Miracle.
In reality it is not machines that conquer, it is the intrepid personalities, each unique, each contributing, who perform the miracles with God’s help. That they fall short is an example to us, not to take ourselves, our fates, or our existences for granted.
This is true of the everyday people we take for granted: the firefighter, the policeman, the train engineer, the airline pilot, the construction worker. All are highly trained disciplined workers, executing precise tasks for which the non-expert has no feel or understanding . What makes for the desire to achieve? What is out there or up there that leads them on?

The Feel of the Unknown


I took Anne Morrow Lindbergh’s biographical adventure diary, Listen! The Wind down from the bookshelf.

She was the young bride of the aviator-pioneer, Charles Lindbergh. She navigated for him in his aircraft, and ran his radio communications on his many exploratory flights around the world.

In a passage she describes a night flight over the ocean, in which she was operating the radio for her husband Charles, who was at the controls. Mrs. Lindbergh is describing the feelings she has as she tries to tune in the South American coast at sea in the dark of night in 1933, 80 years ago.

The feeling, the courage of the adventurer, the explorer has not changed. This is great:


“Night was the hardest. It would be all right once it was day. I kept saying…We began to hit clouds. I could tell without looking up, for the plane bumped slightly from time to time, first one wing down and then the other. And the moon blackened out for short periods.

Then for longer periods. I could not see to write my messages. I stiffened, dimly sensing fear – the old fear of bad weather – and looked out. We were flying under clouds. I could still find a kind of horizon, a difference in shading where the water met the clouds. That was all. But it seemed to be getting darker.

Storms? Were those clouds or was it the sky? We had lost the water. We were flying blind. I turned off the light quickly (to give my husband a little more vision), and sat waiting, tense, peering through the night. Now we were out again. There were holes through which one could see the dark sky. It was all right, I felt, as long as there were holes.


More blind flying. This is it, I thought is what people forget. This is what it means to fly across the ocean, blind and at night. But day is coming. It ought to be day before long… Daybreak! What a miracle. I didn’t see any sign of day and yet it must be lighter. The clouds were distinguishing themselves more and more from water and sea.
Daybreak—thank God—as if we had been living in eternal night—as if this were the first sun that ever rose out of the sea.

Note: This column originally appeared February 1, 2003 on WPCNR.

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Con Edison’s Finest Days. 101 in the Shade? Need Power? You Got It. Utility Delivers!

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WPCNR THE POWER NEWS AND COMMENT  By John F. Bailey. July 20, 2013:

Just a few years ago, if the metro area and Westchester County had been hit with a week of 90 to 100 degree heat and humidity like we have this week, the area would have experienced blackouts, brownouts, and downright no power in many areas. County officials, city officials would have been screaming about investigating Con Edison’s incompetance.

But, this week, Con Edison service in keeping the power on is an example of company that did not cut corners, spent Billions in beefing up their infrastructure and has delivered this week to keep the area reasonably sane in the hottest week of all time in this area. I have lived here all my life.

I can tell you this is the hottest week I have ever experienced in Westchester County. It is glorious summer weather though.

So before the officials get on Con Ed the next time a storm comes through. The finger-pointers should hold some press conferences and salute the men and women of Con Edison, and the management for corporate heroism this week. They were ready. They were prepared. They did and continue to do the job.

My admiration.

According to a Con Ed report Friday afternoon:

Today’s (Friday) brutal heat and humidity led to all-time peak electric usage records in New York City and Westchester County, topping out at 13,322 Megawatts (MW) at 5 p.m. Before today, the all-time peak record was 13,189 MW set on July 22, 2011. That mark was first broken at 2 p.m. today, and usage grew through the afternoon.

Con Edison continues to urge customers to conserve energy as best as possible. Demand response programs, which pay large customers to cut back on power usage during heat waves, were helping to reduce electric demand by approximately 400 MW. The company also said energy efficiency programs implemented by businesses and homes helped conserve electricity.

At the same time, hundreds of dedicated Con Edison field crews have worked through the scorching temperatures to restore customers impacted by scattered power outages.

Con Edison reminds customers to use these energy and money-saving tips:

  • Install a timer or clock thermostat on your air conditioner so you can program it to operate and shut-off at a pre-determined time.
  • If you have a room air-conditioning unit, close off the rooms not being used; if you have central air, block off the vents for un-used rooms.
  • Plan cooking, baking or other household activities that produce heat and humidity for the cooler times of the day and night.
  • Use a portable or ceiling fan to circulate the pre-cooled air in your air-conditioned home. A fan uses about 90 percent less energy than an air conditioner.
  • In very humid weather, adjust your air conditioner’s fan to a low setting. It’ll take longer for the air conditioner to cool your home, but your unit will bring in steamy air at a slower rate and make you feel more comfortable.
  • Pull your curtains and shades on windows to block out the heat.

Customers can report outages and check service restoration status at www.conEd.com or by calling 1-800-75-CONED (1-800-752-6633).  When reporting an outage, customers should have their Con Edison account number available, if possible, and report whether their neighbors also have lost power.

Customers who report outages will be called by Con Edison with their estimated restoration times as they become available.

Also, download our new free iPhone and Android app, My conEdison, to report and check the status of a power problem, and view our interactive online outage map.

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NOAM BRAMSON COURTS WHITE PLAINS MONDAY AT 7 AT THE YWCA

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WPCNR CAMPAIGN 2013. July 19, 2013:

White Plainsians have received robocalls this evening from Democratic Candidate for County Executive, Noam Bramson, inviting them to a meeting to greet and ask him questions about the issues.

He will appear at the White Plains YWCA, 515 North Street at 7 P.M.

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WHITE PLAINS WEEK–THIS WEEK—-SCORCHING NOW ON THE NET

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NEWS WAVE ENGULFS WHITE PLAINS

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PETER KATZ, JIM BENEROFE, and Yours Truly

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JOHN BAILEY

RAW RATIONAL RELATIVE!

IF YOU DON’T KNOW ABOUT IT, WE’RE TELLING YOU ALL ABOUT IT

WESTCHESTER’S NEWS SCORCHERS FOR 12 YEARS

ON

THE POLICE SIDE OF THE WHITE PLAINS OVERTIME BALOON

THE  FEDERAL COURT  ORDERS RELEASE OF THE REPRESSED INDEPENDENT CONSULTANT EVALUATION  OF WP POLICE APPROACHES TO THE MENTALLY IN KENNETH CHAMBERLAIN $21 MILLION WRONGFUL DEATH SUIT..

PETER KATZ ON WHAT THE TRAYVON MARTIN KILLING REALLY SAYS ABOUT RACE

HUD DOES NOT GIVE RISING CITIES GRANTS TO WESTCHESTER, ROCKLAND AND PUTNAM COUNTIES–AND DOES NOT EXPLAIN WHY.

COUNTY AIRPORT FUTURE QUIET ON EXPANSION. SHOULD IT HUB IT UP? COULD WE JUST CUT DOWN THE RUNWAY THREATENING TREES, PLEASE?

WHY IS WP SALES TAX $$ DEAD IN WATER WHEN THE COUNTY  UP 25% IN SIX MONTHS?

A NEW FEATURE: SPANNING WHITE PLAINS DEBUTS

SEE THE NEWS PROGRAM THAT LIFTS YOU OUT OF YOUR CHAIR

INSTANTLY AT

www.whiteplainsweek.com

 

 

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Governor Announces $750 Million in HUD MONEY TO REBUILD 102 NY COMMUNITIES. HUD EXCLUDES WESTCHESTER,PUTNAM, ROCKLAND

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WPCNR ALBANY ROUNDS.  By John F. Bailey. July 18., 2013 UPDATED 5:40 P.M UPDATED 1:45 a.m. July 19, 2013 UPDATED 12:20 A.M., E.D.T. July 20, 2013

Governor Andrew Cuomo Thursday launched  the New York Rising Community Reconstruction Program, an initiative designed by the State  following the natural disasters over the past two years that the governor says “will empower localities to develop and implement recovery plans after the damage done by the devastating natural disasters to hit our state over the past two years,” the Governor said. He made the announcement with HUD Secretary Shaun Donovan.

The Governor’s Press Release may be read at

http://www.governor.ny.gov/press/07182013-ny-rising-communities

In the list of 102 communities named to receive aid  in the release, there is no community from Westchester County listed. Robert P.Astorino, the Westchester County Executive is not quoted in the release among the 24 officials who appear.

The press release issued at 1:30 P.M. Thursday.

Inexplicably,  Westchester County Communications personnel and an elected state representatives’ offices told WPCNR they were unaware of the release. Usually everyone who is anyone receives a Governor Andrew Cuomo News Release. The key personnel I talked to were dumbfounded when WPCNR called to ask those offices if it was true Westchester was not going to receive a Rising Grant

The Westchester County Department of Communications was unaware of the news release until WPCNR sent the Department a copy. At this time on Friday evening, the county AND its County Executive Robert P. Astorino has not made a statement on not one dollar from this program being awarded to a Westchester County Community.

The reason according to a legislative source speaking not for attribution, but  familiar with the development of  legislation: Westchester County did not suffer enough damage in proportion to its population

This is not to leave the impression the counties have not received any FEMA aid.

To date Westchester County, according to Congresswoman Nita Lowey Congresswoman Nita Lowey (D-Westchester/Rockland) July 2,  “announced that local governments in Westchester and Rockland Counties have received $35,338,879 in Federal Emergency Management Agency (FEMA) Public Assistance grants to help with the cost of their response to Sandy.”

Lowey wrote:”Communities in Rockland have received $8,927,889 in FEMA Public Assistance grants. Communities in Westchester County have received $26,410,990. Local governments continue to apply for funding, and additional grants are expected in the coming months.”

The Governor’s Albany Press Office said they would get back to WPCNR to confirm or to verify that Westchester County (no connection, perhaps, but the County is in dispute with the Department of Housing and Urban Development over the design and implementation of a friendly affordable housing zoning policy for alleged affordable housing deficient communities), would  be receiving funds or would not.

So far the Governor’s Press Office has not gotten back to WPCNR. It is undetermined yet whether Westchester would receive such RISING COMMUNITIES funds down the road.

The Cuomo release today  in no way explicitly indicates the county will (receive funds as part of this program).

A source, speaking on background said the program announced today though is not new, as the Governor’s press release treats it.  It enhances the Community Reconstruction Zones program announced in April in a press release you can read at

http://www.governor.ny.gov/press/04262013cuomo-reconstruction-federal-disaster-aid

The Governor’s New York Rising  Communities is an official confirmation or approval, if you will of  aid amounts requested in the Community Reconstruction Zones April press release. The release from the Governor in April announced the block grants 102 communities were applying for at the time after  Federal Supplemental Aid was signed into law by the President this year. Amounts the Governor’s press release announced today were consistent with the funds asked for in the April press release, the source explained.

Asked why Westchester did not get any aid, my contact said  FEMA  decided on the amounts based on a population proportionate to damage formula…. community by community.This is the reason why Westchester,Putnam, and Rockland got no new funds.(yet, anyway)–not enough damage in proportion to the population…

The April press release cited by my contact,  reads:
The amounts ultimately allocated will be based on damage assessed by FEMA and the population and will be awarded for projects and activities approved by HUD once the community’s plan is complete and meets established criteria…
The source  enlightening WPCNR has no knowledge at this time of whether the Governor is going to give some other aid to Westchester, Rickland and Putnam.

WPCNR will advise as to whether there is any clarification that Westchester will be receiving storm recovery aid, as they had been promised several weeks ago and that the housing dispute would not affect it.

WPCNR also asked the state and the County Department of Communications if Westchester had advised the state or the state has decided Westchester had tidied up the county damage sufficiently with previous aid so as to not need any of this new aid.

Neither has commented.

 

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NYS Thruway Mass Transit Task Force Hearing in WP Library Postponed Friday. Too Many Members on Vacation

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WPCNR TAPPAN ZEE BRIDGE NEWS. From the New York State Thruway Authority. July 18, 2013 UPDATED 6:10 P.M.: 

The much-ballyhooed Mass Transit Task Force Public Hearing that was to be held Friday morning in White Plains has been postponed by the New York State Thruway. No new date has been set.

Brian Connybeare, spokesman for the New New York Bridge told WPCNR “The meeting was postponed due to the number of MTTF members who are away on summer vacation.  We are now polling the members for the best date that will work for the majority of members in August.”

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