A Most Unsettling Settlement: Gedney Association Statement on the FASNY VOTE

WPCNR THE LETTER TICKER. SEPTEMBER 9, 2016:

Dear John,

The Common Council’s hastily called meeting on Tuesday night to consider a Settlement agreement on the FASNY matter was a new low for open government in White Plains.

The Mayor and Common Council members, Kirkpatrick, Martin and Smayda ignored the numerous requests by citizens from all over the City to postpone any decision on the “Stipulation of Agreement.”

In fact, they voted against a motion by Councilman Dennis Krolian to defer any decision on the Stipulation of Agreement for thirty days so that he and other Council members could fully evaluate the Stipulation.

Such a postponement is routinely granted by the Common Council as a courtesy.  The Council quickly voted 4-3 to the Stipulation of Agreement with Council members Lecuona, Krolian, and Hunt-Robinson expressing well-reasoned arguments against the resolution.

Can anyone argue this “Settlement” vote was not an obvious attempt to circumvent the earlier vote of the Council which did not muster the requisite super-majority vote?

The Common Council chambers and outer hallway were filled with FASNY opponents despite the Agenda only publicly noticed on Thursday evening before the Labor Day weekend.   There were a number of FASNY representatives and supporters present including Andrea Soros-Colombel, the Chair of the school who appeared quite pleased by the Council’s action.  You may recall she earlier published a very threatening letter warning our elected officials that if they dared vote against the FASNY plan a series of lawsuits would ensue.

Lest anyone forget FASNY failed in its application last year after a full public airing of the project.

The City’s appeal to the Appellate Court was viewed to be strong.  What transpired Tuesday night should alarm every citizen of White Plains regardless of party affiliation or view on FASNY.

This “Settlement” was crafted behind closed doors with no input from the public and virtually no opportunity for the Council members who voted against the FASNY road closure to express their views.

Interestingly, the name of City’s outside attorney, Mr. Robert Spolzino, who provided such an excellent defense against the FASNY suit, was conspicuously absent from the Stipulation of Agreement.

The “Settlement” turns on its head the earlier Environmental Findings by the Council that explicitly stated that FASNY could not use Ridgeway as its entrance to the complex nor local streets such as Hathaway Lane.

Remarkably, the “FASNY FOUR” (the Mayor and Council members Kirkpatrick, Martin and Smayda) are now considering de-designating Parcel A as an “Environmentally Sensitive Site” – a blatant and transparent attempt to avoid the requirement for a super-majority vote.

Thankfully, the Common Council decision has generated outrage from all sectors of our City.  Attempts to trash our zoning laws, land use decisions and the will of the people have raised the ire of all proponents of good and open government.

The Gedney Association intends to plan and coordinate its efforts with the neighborhood associations already on record against the FASNY project as well as other citizens who believe the integrity of our land use review process has collapsed to special interests.

The Gedney Association

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THIS WEEK ON PEOPLE TO BE HEARD–JULIE KILLIAN CANDIDATE FOR STATE SENATE DIST. 37 (WHITE PLAINS)( IS INTERVIEWED SEE IT INSTANTLY NOW ON THE INTERNET AT YOUTUBE OR WPCommunitymedia

THIS WEEK ON 

PEOPLE TO BE HEARD

“THE TRISTATES’ MOST RELEVANT INTERVIEW PROGRAM”

YOU’VE GOT

2016908killian 005JULIE KILLIAN OF RYE

CANDIDATE FOR THE 37TH  STATE SENATE DISTRICT

INTERVIEWED BY

JOHN BAILEY, PETER KATZ AND JIM BENEROFE

IN CRYSTAL CLEAR VIDEO, HI-DEFINITION SHARP AUDIO ON

www.whiteplainsweek.com

INSTANTLY ON YOU TUBE

OR
www.wpcommunitymedia.org

SEE HER SATURDAY NIGHT AT 7 PM ON CHANNEL 76 WHITE PLAINS CABLEVISION 

OR

VERIZON FIOS CHANNEL 45 THROUGHOUT WESTCHESTER COUNTY

2016908killian 002

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SCHOOL DISTRICT INTERVIEWING FOR NEW INTERIM SUPERINTENDENT OF SCHOOLS. CONNORS, CURRENT INTERIM, WILL LEAVE DISTRICT AT END OF SEPTEMBER.

WPCNR SCHOOL DAYS. Special to WPCNR from the White Plains City School District. SEPTEMBER 7, 2016:

8-CONNORS FRIED

TIMOTHY CONN0RS (left) to Depart end of September. A new Interim Superintendent of Schools is being searched for to continue to substitute for Dr. Paul Fried, who continues on sick leave, the School District announced today.

MICHELE SCHOENFELD SAID THAT TIMOTHY CONNORS, WHO HAS BEEN THE INTERIM SUPERINTENDENT SINCE JUNE, WILL NO LONGER BE INTERIM SUPERINTENDENT.

CONNORS HAS BEEN REPLACING DR. PAUL FRIED WHO MS. SCHOENFELD SAID IS ON SICK LEAVE.

SCHOENFELD TOLD WPCNR THAT THE BOARD IS NOW ACTIVELY INTERVIEWING FOR A NEW INTERIM SUPERINTENDENT WHILE DR. FRIED CONTINUES ON SICK LEAVE, WHILE STILL UNDER CONTRACT TO THE DISTRICT.

 

 

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Common Council Twice Refuses to Table Consideration of Settlement of FASNY suit, then approves it by 4-3 vote.

WP_20160904_10_33_26_Pro

THE COMMON COUNCIL VOTED TO APPROVE A TEMPORARY SETTLEMENT OF THE FASNY LAWSUIT AGAINST THE CITY OF WHITE PLAINS IN ORDER THAT THEY MAY REVIEW THIS ALTERNATIVE SITE PLAN AND SPECIAL PERMIT APPLICATION. THE SITE IS EXPLAINED IN DETAIL IN THE WPCNR PHOTOGRAPHS OF THE DAY  IF YOU SCROLL DOWN THIS COLUMN

 

WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. Special to WPCNR from Peter Katz on the Scene. With Released Comments Provided by the French American School of New York. September 6, 2016: 

Peter Katz reporting for WPCNR this evening, reports the Common Council approved the settlement  of a lawsuit filed by  the French American School of New York against the city, before an overflow crowd of persons attending the council meeting tonight at City Hall.

“Citizens to be Heard” the pre-council meeting feature was packed with speakers mostly against approving the settlement, Mr. Katz said.

Katz said the ordinances 76 and 77 items approving the settlement with the school were taken out of order and put at the top of the proceeding. Councilman Dennis Krolian proposed a motion to table Ordinance 76 and the Council voted 4 to 3 not to table. Krolian next proposed to table Ordinance 77, the Stipulation of Settlement, and again the Council voted 4 to 3 not to table.

Then the Council voted 4 to 3 approving the Settlement.

Voting to approve the Statement of Settlement were Mayor Roach, and Councilpersons John Kilpatrick, John Martin and Beth Smayda.

Councilpersons Nadine Hunt-Robinson, Dennis Krolian and Milagros Lecuona voted against approving settlement.

Mr.  Katz said Mayor Thomas Roach, casting the deciding vote, said the settlement was not approving the amended site plan, that it was just putting the lawsuit “on hold,” while the new plan was considered. Mayor Roach, Katz reports, said  that FASNY could have filed a new site plan at any time. Mr.Katz reports that the Mayor emphasized he had not made up his mind on the new plan FASNY will be submitting.

9 Weeks to the new plan

That new plan will be officially in about 9 weeks, if you go by the Stipulation of Settlement text, to wit:

After Judge Lefkowitz signs the Statement of Settlement, the city will have 14 days, to provide “an itemized list of documents and submissions necessary to make the Alternative Site Plan Application complete…FASNY will file its Alternative Site Plan Application for the site plan approval and a special permit within seven (7) weeks after this order is approved by the court.”

 

Next, Judge Joan Lefkowitz has to sign the Stipulation of Settlement. Mr. Katz there is no schedule as to when Judge Lefkowitz will sign the order, but Katz says the city has regular morning meetings with the judge.

Andrea Colombel, Board Chairperson of FASNY in a 10 PM news release from FASNY said, “We expect the judge to sign the agreement in the next few days which will give the Court authority to oversee the review process. We expect a timely and fair review and look forward to putting a shovel in the ground. FASNY is a wonderful school with a vibrant community which will contribute to the City of White Plains and its residents for many years to come,” she added.

Katz interviewed John Botti of the French American School who told him the school as a gesture of “good faith” has already filed in court a conservation easement that will guarantee public access to the lands reserved for the nature conservancy.

In a statement issued at 10 PM this evening, The French American School  Chairperson of the Board, Ms. Andrea Columbel had these comments on the conservancy:

“As a matter of good faith to resolve the dispute, FASNY has already recorded and created a 51-acre publically accessible Conservancy on part of its land with plans to create east-west and north-south pedestrian and bicycle paths for neighborhood residents, as previously proposed.  Known as “Parcel D,” the land has frontage on Bryant Avenue, North Street and Hathaway Lane.

“It has just become the largest private conservation easement in Westchester south of Interstate 287, and the first in the City of White Plains.  The conservation easement assures that the property cannot be developed, and will ultimately be open to the public. The conservation easement, which is the largest in White Plains, will   include miles of bike/pedestrian trails safely connecting the neighborhood.

“The reduction in conservation easement from the 78 acres offered by FASNY in the original plan reflects the 35 percent reduction in the size of the school buildings and the 33 percent reduction in the student population under the Alternative Plan.

“We are deeply appreciative for the continued and growing support we have received from thousands of residents and businesses across White Plains.  We look forward to moving forward and putting this unfortunate delay behind us,” Colombel said.

The terms of the proposed Stipulation of Settlement, according to the FASNY news release include that:

  • The Upper School (grades 6-12) will be built on the already developed portion of the site (“Parcel A”) where the clubhouse and other facilities of the former Ridgeway Country Club now stand.
  • Hathaway Lane will remain open.
  • No environmentally sensitive features on the site will be impacted.
  • The Lower School (Nursery through 5th grade) is eliminated from the application reducing student population by 33 percent from 950 to 640, reducing building square footage by 35 per cent, and significantly reducing traffic by another 42 percent.

Under the proposed Stipulation of Settlement, the Common Council would agree that this plan presents a potentially reasonable alternative for resolving and settling the outstanding litigation.  The Council would also agree to provide the Alternative Plan a diligent and fair review in compliance with all applicable laws and regulations, mutually agreed to milestones, Court-ordered oversight for the review process, and the staying of all litigation until the Alternative Plan is determined by the city under its normal public review procedures.

 “We are gratified that the Common Council has approved the settlement agreement. Tonight’s vote is long overdue and represents a win-win for the City and the FASNY community.  All parties can now put aside costly litigation and concentrate on obtaining final approvals for a compromise school plan,” said Andrea Colombel, Board Chairperson of FASNY.

 

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