SCHOOL DISTRICT SEES RISE IN POSITIVES IN FIRST MONTH OF YEAR, BUT DECLINING.

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WPCNR SCHOOL DAYS. By John F. Bailey. February 2, 2022:

A cross section of school district positives recorded since September seems to indicate that positive tests for covid among students is up from last year’s levels.

In the White Plains City School District of 1,874 students, teachers, and staff, 1,683 have tested positive since the return to in-school instruction in September. That is 21.4 %.

Superintendent of Schools, Dr. Joseph Ricca, asked if this was due to increased testing of students issued this statement:

“Thankfully, our numbers of positive cases are rapidly decreasing. We experienced the surge following the holiday recess. However, since about Wednesday last week, we are moving in the right direction. I do think that the added availability of testing helped us to identify cases as well.”

The White Plains School District 2021-22 School Year in Covid.
White Plains School District week in covid January 26 through Feb 1–29 New Positives

A WPCNR random sampling of neighboring districts in central Westchester and to the south and north show percentages of positives among students, teachers and staff  to date  from the beginning of school in September by enrollment.

                        POSITIVES         PCT          STUDENTS,TEACHERS      TREND

                                                                           STAFF                   LAST 7 DAYS

                                                                         IN DISTRICT          1/26-FEB 1

WHITE PLAINS       1,683        21.4%                  1,874                      UP 29

GREENBURGH        324           15%                      2,066                    UP 13

 HARRISON:             740          17%                      4,301                    UP 48

SCARSDALE:            887          15.7%                   5,648                     UP 61

VALHALLA              179            11%                      1,609                    UP    7

NEW ROCHELLE    1,032         9%                       11,766                   UP 67

YONKERS               1,779          6.1%                    29,220                  UP 90

MT.VERNON         1,841          22%                        8,316                  UP 9

EASTCHESTER        490            13.5%                    3,626                  UP 16

PORT CHESTER/RYE        623          12%              5,215            UP 27

PEEKSKILL                        420           10%              4,186            UP 10

YORKTOWN                    707            18%               3,951          UP 42

PLEASANTVILLE              322            23%               1,351            UP 5

CHAPPAQUA                  306             7.3%              4,166            UP 8

CORTLANDT                    146             6.5%              2,238             0

Data from the New York State School Positives website

The first two weeks of February will be key to controlling new cases of covid going into the Valentines Day socializing Feb. 12-13,14 followed by the winter recess week of February 18 through  27 (in White Plains). The  relative low positives from January 26 to Feb. 1st with these towns would indicate that students spreading the coronavirus the first two weeks of February may be low.

In March, schools return to the only month month with 4 straight weeks with no holiday weekends which may elevate the number of positives resulting from Valentines Day and the winter recess that lasts 10 days.  The week-long  winter recess may have the effect of spreading the covid virus.

Adults and students should be wary of spreading or putting themselves in possible situations where they may contact the virus.

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RESEARCHERS: BY 2030, NEW YORK COULD BE SHORT 39,000 NURSES. SENATOR GILLEBRAND ADVOCATES $55 BILLION “HEALTH FORCE” IN EVERY COMMUNITY.

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WASHINGTON, D.C. — TOMORROW, Wednesday, February 2nd at 1:30 PM:

 U.S. Senator Kirsten Gillibrand will hold a video press conference to call for $55 billion to be included in President Biden’s budget request to establish and replicate a Health Force in every community.

Over the last decade, the nation’s public health workforce lost nearly 40,000 jobs, while state and local budgets were slashed by 16% and 18%, respectively. 

Members of the inaugural NYC Public Health Corps (PHC), New York City’s new local Health Force, carry out initiatives that target a broad spectrum of public health needs—from helping people get vaccinated to counseling residents about diabetes and depression. The NYC Public Health Corps received $35 million to help establish the inaugural Health Force based on Gillibrand’s efforts during passage of the American Rescue Plan. 

Senator Gillibrand is encouraging local governments across New York State to form similar health corps that would benefit from this federal funding and strengthen community health by empowering a knowledgeable workforce that has the trust of local residents, as workers are often from the same neighborhood they serve. 

Senator Gillibrand introduced the Health Force, Resilience Force, and Jobs to Fight COVID-19 Act, a public health jobs program to help the nation recover from the COVID-19 pandemic, and successfully negotiated its inclusion in the American Rescue Plan. 

The American Rescue Plan included $3 billion for a new public health workforce based on Gillibrand’s Health Force legislation to expand the nation’s public health jobs and infrastructure and aid the country’s vaccine distribution campaign.

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SAVE TIME AND MONEY MEN, WOMEN, GEN X Y Z-ERS AND BEYOND-THE ALPHABET-ERS! REOPEN YOUR BODY FOR THE GOOD WEATHER NOW WITH WHITE PLAINS BID “FITNESS FEBRUARY”: GET FIT DOWNTOWN! 18 VETERAN WHITE PLAINS PRO ESTABLISHMENTS RESHAPE, INVIGORATE, TIGHTEN, POUND DOWN POUNDS, BUILD CONFIDENCE, SLEEK CURVES, SCULPT PECS, TRIM TUMMIES, ENHANCE LOOKS, INTRODUCE NEW STYLES, ESCALATE ENDURANCE AND BRING BACK THE PERSON OF INTEREST YOU WANT TO BE.

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February 1-28: Fitness February

The White Plains BID’s Winter Outlook series continues with Fitness February, a month dedicated to the various fitness businesses downtown. Looking to try something new? Or continue a New Year’s resolution? Or become part of a health-minded community? This month, we’re highlighting different gyms and other fitness boutiques, and their diverse programs, missions, and membership options available to people of all ages and levels of activity.

  Special offers from White Plains fitness businesses, such as free trial classes, new member deals, and workout bundles

•  Virtual fitness classes

•  Contests with prizes

CLICK ON THE HIGHLIGHTED LINKS TO LEARN ABOUT WHITE PLAINS FIT PROS–THE FITNESS CAPITOL OF WESTCHESTER COUNTY!

Downtown White Plains Fitness Businesses

High Intensity Workouts: Orangetheory Fitness
245 Mamaroneck Avenue, (914) 729-0996
​• First class free Phatburn
47 Mamaroneck Avenue, (914) 946-0717
​• 3 free classes when you mention Fitness February or White Plains BID UFC Gym
25 South Broadway, (914) 285-1832
Box HIIT Live Virtual Membership for $14.95/month Includes:
  • Livestream Classes
  • Video on Demand
  • 1 Free UFC class  Westchester Fit
300 Hamilton Avenue, Suite LLA, (914) 618-5464
•$379 for 4 weeks of unlimited classes, plus 3 personal training sessions for 
Specialty Fitness: Aikido of Westchester
100 Mamaroneck Avenue, 2nd floor, (914) 946-7805
$300 New Member Package, discounted rate for 1 adult includes: 
• 3 consecutive months of unlimited Aikido classes
• 1 practice uniform Arthur Murray Dance School
139 E Post Rd, (914) 948-5929
• $29 for Sample Lesson and Consultation
• $99 for February Specials: 2 private lessons  Club Champion
220 Main Street, (914) 948-2651 The Complete Golfer
245 Main Street, Suite 100, (914) 328-8411
• $125 for Swing Evaluation Start
(60 Minute Fact-Based Swing Evaluation with a Certified Coach) 
• $125 for Club Fitting Start
(60-90 Minute Custom Club Fitting with a Certified Fitter) GolfTec
190 East Post Road, Suite 201, (914) 397-4820 Pole Position Dance Studio
110 Mamaroneck Avenue, (914) 615-9450
• $75 for Beginner Bootcamp: 3 classes StretchLab
147 East Post Road, (914) 400-2004
• $49 for 50-minute introductory stretches for
• $50 off membership your first month of joining
Learn more. 
Full Service Gyms: Planet Fitness
250 Main Street, (914) 390-3488 New York Sports Club
4 City Center, (914) 428-2020
​• $59 for 30-day Guest Pass 
Group Classes Pure Barre
140 Mamaroneck Avenue, 2nd floor, (914) 266-1664
• First free Barre class Evolve Athletic Club
188 East Post Road, (914) 437-8484
​• First free Bootcamp Class
​• Complimentary Evaluation The Zone Strength & Fitness
188 E Post Rd, (914) 610-1751
​• Free consultation and evaluation 

Westchester Road Runner
179 East Post Road, (914) 682-0637
Check in with White Plains’ best running store for local road races and running clubs. They also have a wide selection of running shoes and accessories – not to mention inspiration for your exercise!

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APPELLATE COURT GRANTS FULL STAY OF NASSAU COUNTY COURT RULING THAT NY GOVERNOR’S MASK MANDATE IS “UNCONSTITUTIONAL” IN NEW YORK STATE. STATE & 8 OTHER SCHOOL DISTRICTS ARE GIVEN UNTIL MARCH 2 TO “PERFECT” ARGUMENTS.

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WPCNR WHITE PLAINS LAW JOURNAL. From the White Plains City School District. By John F. Bailey. January 31, 2022:

Children will be wearing masks to school until at least March 2, according to a ruling from the Appellate Court of Appeals, Second Department in Brooklyn. The interim ruling was distributed by White Plains Superintendent of Schools, Dr. Joseph Ricca this evening at 7:30 P.M.

New York State Governor Kathy Hochul issued this statement on the granting of the stay requested by the state:

“I commend the Appellate Division, Second Department for granting a full stay to keep our masking regulations in place for the duration of our appeal. My primary responsibility as Governor is to keep New Yorkers safe. Mask regulations keep our schools and businesses safe and open, protect vulnerable New Yorkers, and are critical tools as we work to get through this winter surge. Thanks to our efforts, including mask regulations, cases are declining and we are seeing major progress in the fight against COVID-19. I thank the Attorney General and her team for their defense of these common sense measures, and I am confident we will continue to prevail. We are committed to doing everything in our power to keep New Yorkers safe.”

The immediate impact is that masks will be worn (at least in the White Plains City School District) until the Appellate Court hears arguments sometime in March which is a 4 week school month with no holidays.

If the court expedites the case for an early argument the decision may be made before April, May and June the fourth quarter of the school year. If the arguments are heard and the Appellate court either rules against the state or denies the school districts that filed the original case in Nassau County either party is sure to appeal it to the New York State Court of Appeals.

It is possible the case may not be decided until the school year ends.

The effect of the 30 Days to ready papers has the ancillary effect of keeping students masked in schools if the school districts enforce the wearing of masks during the winter vacation during Presidents Week and over the Valentine’s Day period, perhaps limiting any growth in spread due to relaxing of the virus protection masking gives.

The current fifth wave of infections that is now being limited factors of vaccine effectiveness, intense cold weather and snowstorms.

It is noteworthy to remember that 51,296 new cases of covid were spread from December 26 through January 15 in Westchester County with a population of 1,004,000.

Nassau and Suffolk Counties with an anti-mask policy widely touted proudly by both County Executives, had a combined 169,751 cases from December 26 through January 15. Nassau County reported 89,514 during those three weeks, and Suffolk County, 80,237.

The Mid-Hudson region of 7 counties of 2.4 Million people total, according to the latest census. in those same three weeks December 26 through January 15 reported 127,257 Coviid Positives. The 2.4 million people in the 7 counties had 42,494 less covid positives than the two Long Island counties with 2,921,694 million peopled combined.

The 7 Mid-Hudson Counties have a total population in 2020 of 2,398,150 persons.

Nassau County has 1,395,774 population and Suffolk County 1,525,920 as of the 2020 census. (Previous figure was incorrect.., thank you, Cliff Blau for notifying me of the mistake.)

The first part of last nights order.
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AUSTRALIAN TECH ENTREPRENEUR WILL BE EXTRADITED TO USA FACE CHARGES IN $41 MILLION of TEXt-MESSAGING CONSUMER FRAUD

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WPCNR FBI WIRE. From the Federal Bureau of Investigation. January 31, 2022:

Damian Williams, the United States Attorney for the Southern District of New York, Joleen D. Simpson, the Special Agent-in-Charge of the Boston Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), and Michael J. Driscoll, Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that–

EUGENI TSVETNENKO, a/k/a “Zhenya,” a dual citizen of Australia and Russia, was extradited from Australia and arrived in the United States this morning.  TSVETNENKO was extradited on charges of conspiracy to commit wire fraud, wire fraud, aggravated identity theft, and conspiracy to commit money laundering, stemming from the defendant’s alleged participation in a scheme to charge mobile phone customers millions of dollars in monthly fees for unsolicited, recurring text messages about topics such as horoscopes, celebrity gossip, and trivia facts, without the customers’ knowledge or consent—a practice referred to as “auto-subscribing.” 

The portion of the fraudulent scheme that TSVETNENKO and his co-conspirators orchestrated defrauded mobile phone users of approximately $41,389,725, and netted TSVETNENKO and his co-conspirators more than $20 million in proceeds.  TSVETNENKO will be presented today before U.S. Magistrate Judge Ona T. Wang.  The case is assigned to U.S. District Judge Analisa Torres.

U.S. Attorney Damian Williams said: “Eugeni Tsvetnenko is alleged to have surreptitiously subscribed hundreds of thousands of cell phone users to a $9.99 per-month charge for recurring text messages they did not approve or want. As a result of their auto-subscribing scheme, Tsvetnenko and his co-conspirators are alleged to have silently drained over $41 million in illegal proceeds from their unknowing victims. Thanks to the continued efforts and coordination with our Australian law enforcement counterparts, Tsvetnenko, an Australian national, has now been extradited to the U.S. to answer the call of American justice.”

IRS-CI Special Agent in Charge Joleen D. Simpson said: “Today’s extradition is clear proof that Mr. Tsvetnenko’s vast fortune and residence on another continent did little to shield him from answering the charges brought against him by American authorities. The defendants in this case have learned the hard way that the reach of Federal law enforcement extends far beyond the borders of the United States.” 

FBI Assistant Director-in-Charge Michael J. Driscoll said: “Tsvetnenko and his co-conspirators concocted a scheme that turned thousands of mobile phone customers into unwitting subscription service participants, as alleged.

These customers incurred monthly charges for services they never subscribed to and, in many cases, disregarded as spam until the charges turned up on their monthly statements. Ultimately, as we allege, the defendants were able to steal more than $40 million and realize more than $20 million in profits. Today’s case is a reminder for all of us to maintain awareness of the charges we incur on our financial statements. No matter how insignificant a fraudulent charge may seem, the bigger picture often tells a different story.”

According to allegations in the Superseding Indictment against TSVETNENKO, evidence presented at the trial of co-conspirators Darcy Wedd (Wedd) and Fraser Thompson (Thompson), and other public filings:

From at least in or about 2012 through in or about 2013, TSVETNENKO, Wedd, Thompson, and others engaged in a multimillion-dollar scheme to defraud consumers by placing unauthorized charges for premium text messaging services on consumers’ cellular phone bills through a practice known as auto-subscribing. 

TSVETNENKO owned and operated several content provider companies and mobile industry companies in Australia that, among other things, created and sold premium text messaging content to consumers.

 Wedd operated Mobile Messenger, a U.S. aggregation company in the mobile phone industry that served as a middleman between content providers (such as some of TSVETNENKO’s companies) and mobile phone carriers. 

Mobile Messenger was responsible for assembling monthly charges incurred by a particular mobile phone customer for premium text-messaging services and placing those charges on that customer’s cellular phone bill.     

Beginning in or about early 2012, Wedd, Thompson, who was the Senior Vice President of Strategic Operations for Mobile Messenger, and two other senior executives of Mobile Messenger (CC-3 and CC-4) recruited TSVETNENKO to their auto-subscribing scheme to increase revenues at Mobile Messenger. 

TSVETNENKO agreed and established two new content providers based in Australia, CF Enterprises and DigiMobi, to auto-subscribe on Mobile

Messenger’s aggregation platform.  CC-3 furnished lists of phone numbers to TSVETNENKO, along with an auto-subscribing  “playbook,” which provided TSVETNENKO with guidance on how to auto-subscribe without being caught.  The “playbook” described how to conceal the fraud scheme by making it appear as if the customers had, in fact, elected to purchase the text-messaging services, when in truth they had not.

The consumers who received the unsolicited text messages typically ignored or deleted the messages, often believing them to be spam. 

Regardless, the consumers were billed for the receipt of the messages, at a rate of $9.99 per month, through charges that typically appeared on the consumers’ cellular telephone bills in an abbreviated and confusing form, such as with nonsensical billing descriptors that often consisted of random letter and numbers.  The $9.99 charges recurred each month unless and until consumers noticed the charges and took action to unsubscribe.  Even then, consumers’ attempts to dispute the charges and obtain refunds from CF Enterprises or DigiMobi were often unsuccessful.  Wedd, to whom CC-3, CC-4, and Thompson all reported, oversaw the scheme at Mobile Messenger.

TSVETNENKO, with the assistance of Wedd, Thompson, CC-3, and CC-4, started auto-subscribing co nsumers in approximately April of 2012.  TSVETNENKO’s auto-subscribing activities, which continued into 2013, victimized hundreds of thousands of mobile phone customers, who were auto-subscribed through Mobile Messenger and charged a total of approximately $41,389,725 for unwanted text messaging services.  Wedd, Thompson, CC-3, and CC-4 agreed that TSVETNENKO would keep approximately 70% of the auto-subscribing proceeds generated by CF Enterprises and DigiMobi, and that the remaining 30% of the auto-subscribing proceeds would be divided evenly among Wedd, Thompson, CC-3, and CC-4.

After obtaining proceeds of the fraud scheme, TSVETNENKO worked with other co-conspirators to launder the proceeds.  TSVETNENKO and his co-conspirators distributed the proceeds of the fraud scheme among themselves and others involved in the scheme by, among other things, causing funds to be transferred through the bank accounts of a series of shell companies and companies held in the names of third parties.  This was done to conceal the nature and source of the payments and TSVETNENKO and his co-conspirators’ participation in the fraud.

Through their successful orchestration of this fraud scheme, TSVETNENKO and his co-conspirators generated more than $20 million in fraud proceeds for themselves.  TSVETNENKO personally retained approximately $15.4 million in fraud proceeds for his role in the scheme.

*                *                *

TSVETNENKO 41, of Perth, Australia, is charged with one count of conspiracy to commit wire fraud, which carries a maximum penalty of 20 years in prison; one count of wire fraud, which also carries a maximum penalty of 20 years in prison; one count of aggravated identity theft, which carries a mandatory sentence of two years in prison, consecutive to any other sentence imposed; and one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

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Survey Finding Home Values Decline when Solar Fields Introduced Next Door Does Not Apply to Planned 1133 Westchester Avenue Installation.

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1133 WESTCHESTER Ave. November, 2021

WPCNR REALTY REALITY. By John F. Bailey. January 31, 2022:

White Plains Community opposition to the planned installation of solar panels on canopies planned to cover parking spaces for the new apartments and the office building at 1133 Westchester Avenue has centered on a survey by the University of Rhode Island conducted two years ago on the effects of solar panel fields adjacent to homes on real estate values.

WPCNR asked a professional who happens to be familiar with both the University of Rhode Island survey and the project as to what the survey says. He wrote me the following opinion:

“We are aware of the URI 2020 study of the impact of ground-mounted solar arrays on home value. This study examined the impact on home values within a 3 mile radius of large-scale ground-mounted solar arrays located in MA and RI. These solar farms were all located on either greenfield or rural locations with a minimum of 1 megawatt capacity occupying 4 to 6 acres of land  or larger.  

The community solar proposal for 1133 Westchester Avenue is entirely different as it compromises a significant roof-mounted component (that is not visible from the street level) coupled with new parking canopies that will cover existing impervious surface lots. 

No green space is being lost whatsoever. The view changes from a sea of cars to canopies over cars, a much less dramatic change than a greenfield becoming acres of solar arrays.

Therefore, the URI study is not applicable to the 1133 Westchester Avenue proposal.  We know of no study on the impact of parking lot canopies, generally considered an amenity, not a nuisance, whether mounted with solar arrays or not, on the value of nearby homes.  

To the question of noise from the equipment associated with the solar arrays proposed at 1133 Westchester Avenue, we know that G&S Solar, the developer, has already conducted an analysis using a leading acoustic engineering firm.

The major point here is that the level of ambient noise for the residents of the two closest streets, McGuiness Lane and Woodbrook Road, far exceeds any peak projected sound from the solar equipment. The existing ambient noise is largely due to the proximity of these residential areas to the highways.”

The project is scheduled for a public hearing on February 7.

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