Port Chester Man, 40, Commits Suicide at Westchester Mall

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WPCNR POLICE GAZETTE. JULY 5, 2007 11 PM E.D.T: Deputy Commissioner of Public Safety, Daniel Jackson reports the man who jumped from the roof of The Westchester Mall garage has been identified.  Commissioner Jackson in a statement to WPCNR said,  “The deceased is Brian Kaplan 40 years old, who resided in Port Chester. Apparent suicide.”


A “CitizeNetReporter” on the scene tells WPCNR the victim is a man who apparently fell from the top of the parking structure to the concrete surface in front of the Maple Avenue entrance to Nieman-Marcus, approximately 3 PM.


News reports said this evening the victim drove his car to the top floor of the Westchester garage on Paulding Street and jumped to his death.

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School District to Begin Stadium Renovations July 12

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WPCNR PRESS BOX. July 5, 2007:  The City School District has announced a groundbreaking ceremony next Thursday, July 12 at Loucks Field at noon  to mark the beginning of the $9 Million renovations at Loucks Field and Parker Stadium in White Plains.  Dignataries will observe the start of converting Loucks to modern stands, a press box, lights and synthetic turf for state of the art track and football venues. Parker will be outfitted with new bleachers and synthetic turf in time for the Thanksgiving Day game next fall.



Loucks Field Renovation Committee Formed on the Loucks Makeover: two sets of metal bleachers seating 3,250 (not 2,500) with press box, lights,. locker rooms, artificial turf system and 10-lane track on the straightaway. Cost: $ 6 Million (Approximate)Photo, WPCNR News.



 


Parker Stadium Construction: New set of metal bleachers, seating 1,300 with press box, plus installation of synthetic turf and running track. Cost: $3.4 Million. (Approx.) Photo, WPCNR News.


 


 

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Commissioner Optimistic on Dump TCE Levels.DEC Call on Cleanup Sept

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WPCNR THE DUMP NEWS. Interview with Commissioner of Public Works. July 5, 2007: The Mayor signed a consent order June 8 with the New York Department of Environmental Conservation to conduct a detailed and exacting survey of how much Trichloralethylene (contaminate) is below the surface of the city dump, where it is, and whether or not it needs to be remediated (removed).



The City Dump Southend, one week ago. Spiffed up! Massive Mound of  former Compost refuse, junk, removed.



Commissioner of Public Works Joseph Nicoletti.


 


The  nauseating contamination of the dump, known to city officials for 30 years, has long been the source of stifling, sickening fumes wafting into the Beverly Road, Ridgeway School Rocky Dell, Colonial Corners area. The Department of Environmental Conservation identified drums which contained TCEs in 1998. On June 8 of this year (nine years later), the city signed the consent order in which the DEC spared the city the onus of paying civil penalties in access of 330 Million dollars for the 9 years the contamination has been left in the ground.  Department of Environmental Protection spokesperson, Wendy Rosenbach said she expected a determination on a cleanup by September.


WPCNR interviewed Commissioner of Public Works, Joseph Nicoletti on the situation and what lies ahead in the city effort to deal with a problem they have ignored for over thirty years:


WPCNR: What is next — remediation?


Joseph Nicoletti: We’re going to work out the fair thing to do.


WPCNR: The DEC put in a long list of things you had to do in addition to what you said you would do, where to drill the test wells, how deep they are, and what information they want. Have you already started to act on their suggestions?


Nicoletti: Not really because all of these things have to be done in concert. We don’t just go out and drill where we think we’re supposed to drill or where we want to drill. We have to get an approved site plan from them. First it’s called a boring log. We tell them where we think we want to go. It usually requires a site visit or two which is what we’ve been doing over the last 6 or 8 months, and we have to look at the topography. They frequently have to be modified, the locations. It’s complicated. It takes quite a while to do that. It takes a lot of meetings. We’re really going to finish up the steps we have now and in the very near future, we’ll have some more meetings with the DEC people and we’ll go to the next step.


WPCNR: What is that next step?


Nicoletti: To do more borings that they’re interested in having us do. I think they’d probably want to wait and see what our current round of tests look like as well. That’s on the way. Sometime in the very near future we should be finishing up the first round of tests.



WPCNR: When is the estimated time when decision would be made on possible remediation?


Nicoletti: It’s an ongoing thing John, we take it one step at a time and that’s the way the DEC is working it, and that’s of course the way we’re working. In the next month or so, I’m sure we’ll be meeting and review all of the progress and things we’ve done to date. That’s the way it works. It’s a large area. There are a lot of things to do, and maybe a lot of things that don’t have to be done.


WPCNR: Have you complied with the order to remove all the previous compost pile?


Nicoletti: Yes. That was done.


WPCNR: Are composting again?


Nicoletti: That removal referred to anything that was there prior to last fall. Anything that we had in there before then they wanted us to remove, which we did. Anything new that came in from last fall’s leaves is being composted as we speak.


WPCNR: So composting operations have begun?


Nicoletti: They began back in October.


WPCNR: So the present time the dump is being used for what activities?


Nicoletti: As we’ve always used it – waste processing, chipping of brush, logs, branches and so forth.


WPCNR: What do you anticipate these new testing operations going to cost the city?


Nicoletti: I don’t know. That would be hard to say because we don’t know what all the tests are going to show. I’m very positive about it.


WPCNR: Could this  (TCE contamination) be easily remediated by a chemical treatment?


Nicoletti: There’s no magic wand. It doesn’t seem to be worse than I thought if anything better. Just my own personal feeling.


WPCNR: How did you determine that?


Nicoletti: Just from my observations of soil as it’s being removed. You can smell the soil. See the soil. I didn’t see any evidence of petroleum contaminates or any of those things. It’s better than I would have expected. I’m just trying to share something with you.


WPCNR: We love it when the city shares, Mr. Nicoletti. This (your observation) is based on the ongoing tests?


Nicoletti: We don’t have the actual results back. This is my own personal valuation. We’ll just have to wait for the first official results of the first round of tests.


WPCNR: Why did the DEC administer such a moderate civil penalty, because the cleanup would be very expensive?


Nicoletti: I really don’t know. I’ll have to find out.

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On America’s Birthday: What Were Leaders Like then?

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WPCNR PROFILES IN CHARACTER. By John F. Bailey. July 4, 2007: It is the 231st birthday of our  nation, commemorating the signing of the Declaration of Independence in Philadelphia in 1776. I usually run this column on George Washington’s birthday, however, in light of the chracter being shown lately by our leaders, it is instructive to look at our first leader, George Washington, the father of our nation.  One cannot help be reminded of the snowy winter at Valley Forge, when the bedraggled, poorly equipped rebel army suffered but held together, and attacked the Hessians in Trenton on Christmas Eve, 1776, crossing the Delaware River at night. What kind of man was he that George Washington could inspire his troops against all odds?

Washington was a man of tremendous character. Where did he get this character? He specialized in self-control at an early age.


 

 



Reenacters Marching to Raise Old Glory at Purdy House in Honor of George Washington’s Birthday. Photo, 2003 WPCNR News Archive.


 



According to The American President, Washington, at sixteen, had formed a code of conduct. He had written a book of etiquette with 110 “maxims” to guide his conduct in matters. In this etiquette book he had written, Every action done in company ought to be done with a sign of respect to those who are not present. Sleep not when others speak; sit not whwn others stand; speak not when you should hold your peace; walk not when others stop;…Let your countenance be pleasant but in serious matters somewhat grave…Undertake not what you cannot perform but be careful to keep your promise.

According to the character sketch provided by the authors of The American President, this personal “rulebook” was a book that Washington wrote over the years and referred to it often, “for self-control, to avoid temptation, to elude greed, to control his temper. Reputation was everything to him. It had to do with his strength, his size, his courage, his horsemanship, his precise dress, his thorough mind, his manners, his compassion. He protected that reputation at any cost.”

 



Honor Guard Strikes the Colors to a Drum Roll. Photo, WPCNR News.




Earning respect by example. Quelling rebellion with a few words.

Washington inspired by example. He lived with his troops. He shared hardships with them, and so much was there respect for him that he was able to talk them out of armed rebellion at the end of the American Revolution. Washington had been asked by the army to join them to over throw the Continental Congress, and make himself King.

Washington had been asked by one of the officers of the rebels to join them, and he wrote them,

You could not have found a person to whom your schemes are more disagreeable. Banish these thoughts from your mind.

Hearing that the rebels who were planning insurrection against the new country due to not having been paid by the Continental Congress, Washington rode to Newburgh, New York, on March 15, 1783, to meet with the dissident insurgents. Washington spoke to the rebellious group, saying,

“Gentlemen, as I was among the first who embarked in the cause of our common Country; as I never left your side one moment, but when called from you on public duty; as I have been the constant companion and witness of your Distresses…it can scarcely be supposed …that I am indifferent to your interests. But…this dreadful alternative, of either deserting our Country in the extremest hour of her distress, or turning our Arms against it…has something so shocking in it that humanity revolts from the idea…I spurn it, as every Man who regards liberty…undoubtedly must.”

The would-be rebels fell silent, digesting what he had said. Then Washington withdrew a letter from Congress, but could not read the text, withdrawing some eyeglasses from his tunic, remarking,

“Gentlemen, you will permit me to put on my spectacles for I have not only grown gray but almost blind in the service of my country.”

The men present were reported to have tears in their eyes at this gesture of Washington’s and abandoned their plot out of respect for their leader.

Washington retired from the military, surprising the entire new country. His action surprised King George III of England, who was astonished that Washington had refused to hold on to his military authority and use it for political or financial gain. The defeated King of England, remarked, “If true, then he is the greatest man in the world.”



Members of Common Council: Tom Roach, Rita Malmud, Benjamin Boykin and Glen Hockley, (center of Picture) and observers of the ceremony salute the Colors. Photo, WPCNR News.




Seeker of Diverse Views

As President, George Washington invented the Presidential Cabinet, whom he referred to as “the first Characters,” persons who possessed the best reputations in fields and areas of the jobs he was filling. Washington said on political appointments, “My political conduct and nominations must be exceedingly circumspect. No slip into partiality will pass unnoticed…”

Washington tolerated the relentless clashes between Thomas Jefferson, Secretary of State, and Alexander Hamilton, Secretary of the Treasury, but lectured them on the necessity for tolerance and moving beyond partisanship: “I believe the view of both of you are pure, and well meant. Why then, when some of the best Citizens in the United States, Men…who have no sinister view to promote, are to be found, some on one side, some on the other…should either of you be so tenacious of your opinions as to make no allowances for those of the other? I have great esteem for you both, and ardently wish that some line could be marked out by which both of you could walk.”

The Constitution Should be Protected

When George Washington left office after two terms, he made a farewell address which warned future generations of Americans about foreign entanglements and partisanship in the republic:

I shall carry to my grave the hope that your Union and brotherly affection may be perpetual; that the Constitution may be sacredly maintained; and that free government…the ever favorite object of my heart…will be the happy reward of our mutual cares, labors and dangers.”

Washington died in 1800, three years after leaving office in 1797. He was saluted on the floor of congress as being “First in war, first in peace, first in the hearts of his countrymen.”



The Jacob Purdy House where George Washington planned strategy at  the Battle of White    Plains, was scene of a gathering in honor of President Washington Sunday, hosted by the White Plains Historical Society. Photo, WPCNR News.




Note: The American President By Philip B. Kunhardt, Jr., Philip B. Kunhardt III, and Peter W. Kunhardt (Riverhead Books. Penguin-Putnam, Inc.,1999) is the source for this information on George Washington.


This article originally appeared in The CitizeNetReporter in 2003.

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Putting People Last.

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WPCNR THE DAILY BAILEY. News & Comment By John F. Bailey. July 4, 2007: The Spano Administration is fond of mouthing the phrase, Government that works for Westchester Families, and the city of White Plains Democrats praddle about “Putting People First.”


Well, we learned yesterday,  those slogans don’t apply to you if you’re homeless, scruffy, proud and sick and don’t have money.


Yesterday, we learned that if you’re homeless, you’re someone to be used to score political points.


Kindly old Uncle Andy Spano decided, based on what great humanitarian’s advice, to close the 85 Court Street Drop-In Shelter in White Plains which he opened in January 2006 without telling White Plains because he for some strange reason had to close the shelter at the airport. He also as of this writing has not told the Mayor’s Office officially that he’s closing 85 Court.


In retrospect, now that Andy has a very safe and secure airport after blowing through $5 Million for the fence system,( just ask the coyotes), isn’t it time to ship the homeless back to the airport, perhaps have them sleep in the WestAir lounge….giving them identification passes? After all, what safer place could there be? Uncle Andy never did explain why he closed the airport drop-in shelter in the first place, and now that’s so safe, he can issue them i.d.’s to get them in and out…and keep track of them.


But, this closing the shelter and not running busses to move the homeless to other drop-in shelters around the county is a really bad thing. It reverses about 14 years of history. The county has traditionally run buses to drop in shelters ever since a poor person froze to death shocking the truly concerned, if memory served me right 14 years ago.


Now we’re just going to let these people roam around White Plains all night – in 90 degree humidity; in thunderstorms; In 25 degree days in September and October (they do happen) – and let them urinate, defecate, drink and sleep in the streets and alleys and doorways?  Talk about your quality of life issues!


And where are they going to bathe? In the Renaissance Fountain? That’ll look really good.


And how come the genius editor at the Journal News misses this part of the story: White Plains swarming with these poor psychotic people, many needing medication, begging – there but for the grace of the taxpayer go you – our elected officials.


So the Democrats put people first? What crap! The Democratic Councilpersons have not reached out to White Plains organizations to find places to house the homeless now that their peerless leader, Uncle Andy has decided to close the shelter? What happened? Did the Volunteers of America contract run out? (Volunteers of America drives the buses that will pick up the homeless until August 5, then they fade off into the night, and the homeless will rack out at The Galleria, the Fountain, park benches, the White Plains mall and beg.


More to the point. Where are the housing coalition organizations that suck away government money and advocate for the homeless while drawing salaries? Could they step up here? For the truly needy?


And how about the churches of White Plains?


Ask yourself what Jesus would do?


If every church in White Plains took on one or two homeless persons to stay in their sanctuary, clean it, do a little work for a place to sleep, as an experiment, how great would that be? Don’t count on it.  The churches pride themselves on their compassion. But unless you pay them $600,000 worth of compassion a year in county money, a year to do it, they don’t want to do it. Taking care of the homeless is business.


Well, that attitude should change. Making money off the homeless, the handicapped, the affordable housing issue is what is wrong with government.


Closing the shelter is Uncle Andy playing politics and using the down and out as a political football.


The city is equally to blame.


This reporter suggested to the Mayor’s office months ago,  that they be proactive in attempting to find a place to house the homeless away from the downtown, since the county wasn’t doing it, and the Democrats on the Council weren’t doing it.  The Mayor’s office was shortsighted, they said it does not belong in White Plains and the county and other cities and towns should consider the problem.


The Mayor’s office just pounded out the rhetoric: we have to relocate the shelter, not close it, and they used the excuse that White Plains already has three shelters: Open Arms, the Coachman and the Grace Church operation.


Well, I am sorry, Mr. Mayor: how about twisting the arms of the churches and synagogues of White Plains?  Ask them to take two at once. That would show some thought. How about housing the homeless in a gym at the Middle Schools or the high school? Or one of the private schools – or how about the St. John’s Church school on Main Street that is now closed?


Again, nobody cares about the homeless at the political level. The homeless are just used to throw an issue out.


Politicians only care about themselves and their pathetic posturing to make their perceived political enemies look bad.


It is despicable closing that shelter. And not busing them someplace to sleep.


And do not forget, this reporter was the only reporter to tell you what it is like to be homeless at the 85 Court Street Drop-In shelter. You have to wait an hour for your bus to be taken two blocks to the shelter. You cannot get to sleep before midnight. You sleep on paper sheets. No showers. Two bathrooms for 40 people, if I recall correctly. They are lucky they had no serious incidents. You put the average commuter railway car full of people in that situation and you’d have a riot. I have great respect for those people who put up with the county’s idea of humanity. They have great quiet dignity. They get treated like cattle and stoically accept it.


Equally despicable is the Council of Governments – all those compassionate community officials whom  Uncle Andy could not persuade to agree on at least two places to put the hardcore homeless. Not one community stepped up to attack the homeless problem by saying “we’ll take them Andy. They’re people.”  What leaders! How pathetic. How revealing. How bereft!


What a leader Uncle Andy is: he has all this power but no clout. And no guts.


Everybody is afraid of him and his inept, overpaid flacks. I tell you, if I’m the County Executive, I tell Valhalla, a year ago, look it’s going there and you can sue us, but do not expect anything from the county.


If I’m the County Executive, I do not make the Mayor of White Plains look bad by closing a shelter. I make him look bad by personally going on a walking tour with various citizens in White Plains and lining up shelters in White Plains. That’s leadership. (The Mayor could have done that. Councilpersons Malmud, Boykin, Roach, Berstein, Hockley and Power – the great homeless advocate—could have done that, too. But they did not. Have not. Will they now? Or do I see a setup coming on?)


Where is County Legislator Ryan on this homeless issue?


Like every leader, he is missing in action, and on most issues, Mr. Ryan is waiting to see which way to jump. He said he would be willing to work with Mayor Delfino to solve this, calling the Mayor’s bluff. The Mayor did not call Ryan’s bluff. And so nothing has been done.


Ryan never returned our call on this issue. He so badly wants Uncle Andy’s do nothing, spend as much as we can job – he is afraid to speak out against the ludicrous spectacle of winos and druggies and psychotics, and genuinely needy people lounging in the parking garages of White Plains, the Renaissance Fountain, and begging at the Ritz-Carlton – that will play really well. And it is his County Executive who has decided to create this scenario.


Get some new advisors, Andy, they’re killing you, kid. Absolutely killing you.


But wait – here’s another suggestion. Let’s bus the homeless to Indian Point. That is very secure. You can even blow a siren if one homeless person leaves. Are they working, Andy? It is so wonderful your administration is so good at siren testing, and detecting finite traces of radioactive substances.


Man, it is time to call the Journal News and tell them to crank out some Indian Point exposes again. We have not had one in at least two days. Quick get me the Editorial Board of America’s worst newspaper.


Oh – another place to put the homeless – the White Plains Performing Arts Center. Since there’s nothing performing there lately – or for sometime. Perhaps we could start a Homeless Theatre Troup…with an original play or musical, you could call it “Homeless Blues.”


Or is this just another setup? Will Uncle Andy in a week announce he has made an arrangement with some place to bus the White Plains irregulars someplace?


I hope so.


The county says they are going to work very hard at getting the homeless who enjoy the 85 Court Street amenities to agree to seek help in the county Department of Social Services system.


Does this mean they have not been having councilors come in daily to help these people and win their confidence?


I mean the county just hired a ton of new DSS employees. Let’s put them to work. Now.


Put people first for change.


Government puts people last, but your wallets first.

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Eliot Spitzer’s Albany: Tell Your Legislator to Finish the People’s Business

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WPCNR ELIOT SPITZER’S ALBANY. By Governor Eliot T. Spitzer. July 3, 2007: I came to Albany in January with an aggressive agenda to enact the reform our state sorely needs.


When I was elected, many doubted that I would be able to change the status quo enough to put into effect my administration’s ambitious plans. It hasn’t been easy, but we have achieved significant success.


Over the past six months, we have managed to push through substantial gridlock in the state legislature to make some huge advancements for New York:



 




In addition to making a historic investment of $1.7 billion in education, we have targeted assistance to the districts that need it most, and tied investment to accountability and reform.


We created the first building blocks to universal health care by expanding Child Health Plus to cover all 400,000 uninsured children, and vastly simplified Medicaid enrollment.


Property taxes have been reduced by $1.3 billion, and 60% of New Yorkers will see benefits within the next year.


Our beleaguered upstate cities will receive $200 million for economic development, technology innovations, and assistance in fighting crime. Major downstate projects- like the redevelopment of Ground Zero and the expansion of Stewart Airport- have been pushed through legislative gridlock and are finally underway.


Lawmakers and government employees are now subject to comprehensive Ethics and Lobbying Reform that prohibits them from taking gifts from special interests and makes them accountable to the people of New York State.



A lot has been accomplished, but there is still so much to be done- from major environmental initiatives like cleaning up brownfields, to the revamp of the Wicks Law, to campaign finance reform measures that make our government more responsive- and it must be done now.


Last week, the Senate majority chose to end the legislative session and go home, rather than stay in Albany to finish the people’s business.


Our state government must work as effectively and diligently as the companies, organizations and people that make New York great.


You can learn more about what’s been going on in Albany by clicking here to view a presentation I’ve been making across the state.


I urge you to contact your legislator, which you can do from my website, and encourage him or her to return to work in Albany, and finish the business we came here to do.

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Hardcore Homeless On Their Own in WP After August 5. Drop-In Dropped.

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WPCNR THE HOMELESS NEWS.  By John F. Bailey July 3, 2007. Updated  3:40 P.M. EDT:  The “homeless buses” will no longer sweep the homeless off city streets nightly courtesy of Westchester County as of August 5. 


They will be left to wander the streets nightly.  


According to county spokesperson Victoria Hochman, the County is closing the 85 Court Street Drop-in shelter. Ms. Hochman corrected WPCNR that she did not say the homeless would be left to wander the streets, however Ms. Hochman did say there would be no more bus service for the homeless with no place to go after August 5, which in effect, leaves those homeless to wander the streets. WPCNR apologizes for indicating in any way Ms. Hochman said the county would leave the homeless to walk the streets all night.


 By this action, the county abandons its 18-month policy of providing homeless persons not enrolled in the Department of Social Services system, shelter and a bed to sleep — instead of an alley, a doorway, a parking garage, the fountain,  a sidewalk grate.


As of August 5, the homeless population of some 50 or more men will be left on their own at the mercy of oppressive heat, thunderstorms, rain, early frost.


The county has granted White Plains what the Common Council and the Mayor have asked for, according to county spokesperson, Victoria Hochman, that the 85 Court Street will be closed, as of August 5The spokesperson could not confirm if the county had officially notified the city of its closing yesterday or this morning. The Mayor’s Executive Officer, Paul Wood told WPCNR he had learned of the possibility of its closing from a reporter. As of 10:45 A.M. this morning, Wood said the county had still not officially notified the city of the closing.


Wood also said Ms. Hochman and the Department of Communications of the County are “incorrect,” reading from the resolution passed by the Common Council which called on the county “to relocate” the drop-in shelter from White Plains, not to close it.  Wood said, Rita Malmud, the Council President, misinterpreted the resolution in previous comments to the media.



First Ride: Homeless Are Picked Up to go to 85 Court Street, January 2006. The nightly “Homeless Sweep” will end August 5 when the Drop In Shelter at 85 Court (below) closes. Photos, WPCNR News Archive


 


 


Hochman confirmed  the homeless will be provided shelter at other shelters in  White Plains with arrangements with the county after November 1.  Though those shelters in White Plains are at capacity in terms of beds. They include the Coachman, Open Arms and the Grace Church facility. Whether you could provide space or standing or sitting room for the 43 to 50 persons who visit 85 Court Street in the cold months has yet to be seen.


Hochman told WPCNR but said county workers would urge “regulars” at 85 Court Street to agree to enter the county system, and  stated unequivocably that there would be no drop-in shelter service at all in the county..


Paul Wood, City Executive Officer, called WPCNR at 6:15 PM last night to say he was stunned to learn from a reporter that the county was closing the shelter. Wood said it was the first he had heard of it.  Chairman of the Board of Legislators Bill Ryan of White Plains was contacted by WPCNR to confirm the story, but did not return a WPCNR call to confirm the report.  Wood told WPCNR the city had only asked the county to relocate the shelter because of its proximity to the downtown.  


Hardcore Homeless Back on the Streets Permanently as of August 5.


The secret decision to close the shelter without official notice reverses the county policy that precipitated the opening of the shelter at 85 Court in January 2006. The county had said at the time that 85 Court was to house homeless persons who refused to enter the county Department of Social Services system — so-called hardcore homeless — whereby they agree to a treatment program, turn over control of their income, and seek employment counseling among other requirements. 


 Now, unable to find any community that would house a shelter, the county appears by this decision to allow undocumented and untracked homeless to wander about White Plains nightly after August 5. They will not be able to enter shelters elsewhere in White Plains until November, and will be left to their own devices overnight.


Hochman said the Council of Governments convened by County Executive Andrew Spano to address the Drop-In situation, had been unable to find or suggest another location in the county for a Drop-In Shelter. “No one stepped up,” Hochman said.


Politicians Ignore Issue


No other local White Plains politician worked to find a solution  to where the drop-in shelter could go to in White Plains.  County Legisltor William Ryan of White Plains had said he would reach out  to work with Mayor Delfino to find a site, but neither politician reached out to each other to attempt a resolution jointly. No Common Council person from White Plains stepped forward on the issue to seek other sites within White Plains either.


Wood said he had no plans at this time for handling the fifty or more vagrants expected to be wandering the White Plains streets nightly, let alone the question of who they are:  “We’ll have to work with the police, I guess,” Wood said, saying the homeless will gravitate to the fountain in the warmer nights, which he felt would be an issue.

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City Owed $316 Million on DUMP. DEC Cuts It to $10 Gs. Investigation Continues

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WPCNR THE DUMP TODAY. By John F. Bailey. July 2, 2007: For allowing TEC contamination to linger in the City Dump for 9 years as of this Friday, the City of White Plains was in line for a civil penalty of $316 Million payable to the state.  However, the New York State Department of Environmental Conservation allowed the city to sign a consent order June 8 limiting the fine to $10,000.



THE CITY DUMP TODAY: A flatter, cleaner place. Who Knows What Lurks Beneath its benign surface? DEC will be supervising the city’s efforts to quanitify the TEC contamination that exists. Remediation is called for in the Consent Order, but that has not been decided.


In the coming weeks, according to Department of Public Works Commissioner, Joseph Nicoletti, the city will be meeting with the DEC to implement the final testing specifications on the City Dump Site, to be conducted to prepare a Final Investigation Report that, according to Wendy Rosenbach, Regional Citizen Participation Specialist for the DEC, is due to be submitted December 1. At that time, determination will be made if the extent of the contamination needs remediation or is safe to allow to remain. The Consent Order by its language strongly suggests the DEC expects some sort of remediation to be required.



Commissioner Nicoletti, expressed optimism Friday that the contamination he is seeing is “better than I expected,” but he said he awaits the first testing reports available soon.


City Site Investigation Work Plan Not Acceptable


The city plan for testing the present level of the Trichloroethylene(TCEz)  contamination first discovered officially  July 6, 1998 according to the consent order, was not acceptable to the DEC. As part of the consent order, the DEC testing expert analyzing the city Department of Public Works plan designed by AKRF Environmental  and Planning Consultants, added “modifications and additions as required.”


The DEC expert, S. Parisio,  said the city’s Site Investigation Work Plan “should be broadened and expanded to include…characterize the landfill, including type of wastes, spatial distribution of the various waste types, and vertical and horizontal limits of the landfill,” “Define the extent of groundwater contamination both laterally and vertically,” “Define the critical stratigraphic section at the site including the overburden and the underlying bedrock,” “Identify all potential receptors for landfill derived contamination including surface water bodies, water supply wells and enclosed structures which may be impacted by landfill gas or vapor intrusion,” “Develop a site conceptual model which identifies contaminant sources within the landfill, locations and mechanisms for contaminant release and actual/potential contamination and migration pathways…” “This model should also show how storm water drains affect migration of landfill gas, organic vapors, landfill leachate and leachate impacted groundwater…”


The Consent Order notes  the city drilling plan was “not acceptable,” because it limited drilling depth to the “overburden.” The DEC demands the city drill deeper. IT requests various “plan sheets”


Remediation Appears Likely


The language of the consent order signed by the Mayor, read literally, indicates the city is going to have to remediate the dump, to wit:


“After completion of the site investigation, the Respondent shall submit a site investigation report (SIR) including a description of the investigation methods, a summary of the data collected, a discussion of the results, conclusions and recommendations for further investigation , if needed, remedial action and landfill closure.”


The Violation and Fine.


On July 6, 1998, the Consent Order notes, inspection of the site by Department staff revealed the presence of drums of trichloroethylene. During subsequent investigations and removal activities carried out by the city in 1999 and 2000, a total of 46 drums were indentified and removed, and the presence of organic contaminants, including trichloroethylene, was confirmed in the drums and in soils within the drum disposal areas. The order reports TCE breakdown products have been “detected” at concentrations exceeding applicable levels of concern in stormwater, surface water, groundwater, soil and soil gas during numerous investigations and sampling efforts carried out in and around the landfill by various consultants between 1987 and 2003.


These conditions which the city has admitted to by signing the consent order June 8, violate Environmental Conservation Law Sections 27 and 17 and 6NYCRR Parts 360 and 703 and 5 statutes.


$316 Million ?


Neither Ms. Rosenback nor Paul Wood, City Executive Officer could name the exact total amount of the possible civil fine White Plains has incurred as a result of the 9 years since the violation was discovered.


WPCNR roughly estimates the fine to be $316 Million as follows:


From July 6, 1998, the date of the verified condition, 2,385 days have passed (about 9 years as of this Friday)


Under the fine mechanism of Section 71-2703, there were five statutes violated, calling for a $7,500 fine per statute,($37,500) plus $1,500 a day for 2,385 days for $3,577,500 for each of the 5 statutes violated for a total of $17,887,500 plus the initial $37,500 fine for a total of $17,925,000 for city violation of Section 71 2703.


Now we add the violations of Section 71-1929. There were 5 statutes violated at the cost of $25,000 a day per statute adding up to a $125,000 a day fine in total multiplied by 2,385 days totals $298,125,000.


Add the two violations and the Civil Penalty owed the DEC is $316,050,000.


Fine would have been double the City Budget


That fine is more than double the city of White Plains budget for 2007-2008 ($154.7 Million), and in order to pay it – had the DEC not cut White Plains a $316,040,000 discount – would cost every White Plains taxpayer twice the taxes they are paying now, and probably 4 times the amount of taxes unless the assessed the shortfall on the businesses in the town.   


WPCNR  awaits comfirmation of the exact amount of the total possible fine, which is not mentioned in the consent order.


All the city is required to pay is $2,000, leaving the $8,000  as possible to be paid and then some if the city does not comply with the rest of the Consent Order.


Rosenbach told WPCNR Friday the city has made adjustments to the Site Investigation Plan: “Yes, the work plan has been revised to address Department comments and much of the work indentified in the plan has been completed.”


Asked why the city received leniency from the DEC, Wood said he did not have an answer and would get back to us on that.


Ms. Rosenback of the DEC said she would be asking the DEC negotiators for a statement on the lowered fine.

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Second Post Road Violent Incident in a Week Saturday Morning.

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WPCNR POLICE GAZETTE. July 2, 2007: There was a second violent incident  within a week involving a dispute between two men on Post Road behind a bar on East Post Road in the wee hours of Saturday morning, White Plains Police reported this morning.


According to Deputy Commissioner Daniel Jackson in a statement to WPCNR, The department arrested Ricardo Santana of West Post Road for a slashing that occurred early Saturday morning behind Los Amigos bar at 98 E. Post Rd. The dispute originated in the bar.



The victim received treatment at White Plains Hospital and was released.



Santana is charged with Assault 1st Deg. and Criminal Possession of a Weapon. He is currently at the Westchester County Jail.

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Photograph of the Day

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WPCNR PHOTOGRAPH OF THE DAY. By the WPCNR Roving Photographer. July 2, 2007: The changing face of the Westchester County skyline is captured by this view from Long Island Sound of the Trump building in New Rochelle, looking like the fabled Ancient Wonder of the World, the Lighthouse at  Phobos in Alexandria, Egypt. Like the Trump Tower, the lighthouse at Phobos built in similar stepped plateaued style was  visible for miles in the eastern Mediteranean Sea, a guide for ancient mariners. The Trump, Louis Cappelli building dominates the shoreline yesterday on a perfect day on the inland sea, Long Island Sound.



Trump Tower, right, dominating the New Rochelle skyline. Viewed from the entrance to New Rochelle Harbor, Long Island Sound. Photo by the WPCNR Roving Photographer


 


 


 

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