Grassroots Vigilantes: Councilman, Octogenarian Cut County’s Grass.

WPCNR HIGH NOON HERALD MAIL. By John F. Bailey. August 22, 2002:Two White Plains citizens disturbed about the overgrown medians on county roads around town took Guy D’Antona’s lawnmower and an historic scythe in hands and made the North Street median safer for drivers making turns Thursday evening, mowing down grass that approached a foot high.



RIDERS OF THE PURPLE SAGE TAKE ON THE NORTH STREET MEDIAN JUNGLE: Councilman William King, left, and Jack Harrington, right, trim the grass on the overgrown median-divider strip on Westchester County-maintained North Street Wednesday evening below White Plains High School. The two were caught taking median maintenance into their own hands last night at sunset.
Photo by WPCNR


White Plains Common Councilman William King, long a critic of Westchester County maintenance of its public lands, and 83 year-old Jack Harrington, President of the White Plains Historical Society, in sultry evening heat, took their personal time to do what county public works do only once a month, according to a county spokesman: trim and maintain grass on the medians on county roads in the city.



CHAIN GANG: Harrington, right, said Thursday morning he was okay after about an hour and forty-five minutes of mowing down the high chaparral of North Street. “We had to stop at dusk,” he said, because it was getting dangerous because cars couldn’t see the pair. He said he is used to yard work, since he and his Historical Society volunteers maintain the shrubs and plantings at the Purdy House, Washington’s Headquarters on Chatterton Hill.
Photo by WPCNR

He said they had a clean-up there recently, “taking an awful lot of stuff out,” noting that the city cuts the grass for the property only.

Mr. King said he and Harrington, also of the White Plains Beautification Foundation which plants and maintains the gardens on the medians around the city, were tired of how the North Street gateway to the city was is not being maintained by the Westchester County Department of Public Works.

“Mamaroneck Avenue doesn’t look like this,” King said showing the mini-prairie he and Harrington were harvesting.

Thursday, Harrington reported that he and King were going to come back in a few weeks to take care of the median again.

White Plains: Not Our Job. County: We Mow Once A Month.

A spokeswoman for the White Plains Department of Public Works said that Westchester County is responsible for maintaining the grass on North Street and other county roads in the city.

The Westchester County Department of Communications reported that the County Department of Public Works cuts the North Street median once a month.

It is not the first time Councilman King has dramatized lack of a commitment to maintenance on the part of Westchester County towards its own property located in the city. King sponsored a clean up of the highly littered Silver Lake waterfront property last spring.


HOW DID THEY DO? The North Street Median between Havilands Lane and Robin Hood Road, trimmed by Councilman King and Mr. Harrington as it looked Thursday morning. The pair plan to come back to cut the median between Havilands Lane and Ridgeway on North Street in a few weeks.
Photo by WPCNR


WPCNR observed Thursday morning that the median extending from Robin Hood Road up North Street between the YWCA and the high school was freshly cut, with grass droppings left on top of the freshly mowed median.

The Westchester County Department of Communications said the County had scheduled a crew to cut North Street Thursday. However, the crew did not proceed down North Street to cut the rest of the median from Havilands Lane to Ridgeway.



STILL TO COME: The condition of the North Street median between Ridgeway and Havilands Lane Thursday morning. On the median are unruly stalks of weed, litter, and high grass getting higher.
Photo by WPCNR


WPCNR was expecting a call from John Hsu of the County Department of Public Works for more insight on what medians the county maintains and how often.

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Physicist Paints Nervous Indian Point Scenario. Says Shutdown A Public Decision.

WPCNR Morning Sun. By John F. Bailey. August 22, 2002: New York State Assemblywoman Naomi Matusow’s Forum on Indian Point at New Castle Town Hall in Chappaqua Thursday evening put into perspective the sobering choice the public faces about Indian Point.


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CONCERNED NUCLEAR PHYSICIST, Dr. Jan Beyea, a nuclear physicist, with twenty years of experience accessing nuclear consequence and risk calculations, and Senior Scientist with Consulting in the Public Interest, of Lambertville, New Jersey, spoke about the best case/worst case Indian Point scenarios. His assessments of possible terrorist attacks on Indian Point, where even a very small release of radioactivity, is not worth the risk, in his opinion.
Photo by WPCNR


He urged the public to make its own decision on Indian Point, and not leave it up to government, regulatory agencies and politicians to make it for them. He called on county, state and federal government to convene an impartial panel of scientists and experts to hammer out an energy policy that would make bipartisan recommendations on the future of nuclear power plants and how the state, and, ultimately, the country can meet its energy needs without nuclear power.

No free lunch.

Candidly, he said there is “no free lunch,” for the energy consuming public. He rejected fossil fuel plants as an alternative power source because of their documented history of causing respiratory diseases by polluting the air. He said the public had to be realistic about considering natural gas pipelines, and purchasing electrical power off the “energy grid” at market prices to replace Indian Point capacity.

“The public has to grow up and make choices.”

He said he thought “cold shutdown” of Indian Point, would have “relatively minor impact,” and that replacing Indian Point power could be achieved by buying power off the national power grid.

Feels Entergy Is Compromised Because It Has to Make Plant Appear to Be Safe

He passionately admonished the audience that no one can be sure the Indian Point scenarios he described in his presentation, would not happen.

He said it was a “no brainer” that government should be studying now how they would handle a worst case Indian Point terrorist attack, where radiation spreads over a wide area, and his demeanor indicated his concern that such a study was not being done.

He said it was also a “No Brainer” to place fuel rods now in pools to dry casks, vastly reducing the danger of a fire, and pay Entergy, the owner of Indian Point for the costs of doing so, even for losses should it be decided to close the plant.

He called on the public to demand a national study to develop a plan to cope with a terrorist strike on Indian Point and its possible aftermath. Currently he said the National Academy of Sciences and the Nuclear Regulatory Commission have not considered doing such a nuclear terror coping study.



UNITED IN CONCERN: Assemblywoman Naomi Matusow, with Dr. Beyea. Ms. Matusow said she was so impressed with Dr. Beyea’s presentation to county and state leaders last June 20, she invited him to present this forum because she felt the public should have a chance to hear his analysis. About 40 persons attended the talk in Chappaqua at New Castle Town Hall Wednesday night.
Photo by WPCNR


Matusow: Electrical Power Off National Grid Can Replace Indian Point Shortfall

Speaking after the meeting, Assemblywoman Matusow told WPCNR that Indian Point could be shut down and its power replaced by buying electricity off the national energy grid at market rates.

She said that while Indian Point 2 was shut down for eleven months, there was no power shortage, and prices only went up two cents after Indian Point 2 was brought back on line, as evidence for the ready availability of excess electric power without excessive price increases.

Ms. Matusow, asked if her recent call for an immediate shutdown of Indian Point in the news release for this forum was a change in her position, said it was not, that in November, 2001, she had called for Indian Point’s decommissioning.

Ms. Matusow said to her knowledge, the Assembly Energy Committee was not conducting any studies on the business of replacing Indian Point energy at this time, but she called on Governor George Pataki to take the lead in spearheading the feasibility of switching to alternative energy sources in New York Metropolitan area. She also said conservation measures had to be taken seriously by the public in event of an Indian Point “cold shutdown.”



TAKING WRITTEN QUESTIONS ONLY FROM THE AUDIENCE, Dr. Beyea answers a wide range of questions on the effects of Indian Point radiation plumes.
Photo by WPCNR


Dr. Beyea soberly spelled out the Indian Point risk of a radiation release from a terrorist attack.

He said he began to think seriously after 9/11, what a “knowledgeable terrorist group” might do to a reactor and spent fuel rod pool to spread terror.

Beyea took the media to task for revealing too much information which he feels actually makes the terrorist’s ability to attack Indian Point easier. He said “it is quite possible a terrorist attack will be spectacularly unsuccessful, but it may not.” Meanwhile, he said, the media is saving them time by writing and saying too much.

Warns About the It Cannot Happen Syndrome.

He cautioned about being over confident about Indian Point security, construction and ability to withstand a World Trade Center type of attack. He chillingly noted that on September 10, if you asked about the danger of a fire in the World Trade Center, or its ability to withstand an 747 crashing into it, might have been met with very reasonable assessments that the building was too strong, its fire extinguishing systems too widespread, and the likelihood of a plane crashing into it negligible.

The audience was very quiet when he finished that analogy.

He calculates that there is a 1-in-5 chance that a major attack would succeed, odds he said “are too high to ignore.”

Disputes Radiation Plume Drift Risk.

Dr. Beyea showing a complex series of charts noting the amount of deaths possible, depending on the amount of radiation drift. He commented wryly that we are told not to worry that any accident or release will be small, that plans in place will work, that authorities will have perfect information, even in a terrorist attack, that the spent fuel rod pool will not be breached, causing the fuel rods to overheat and burn.

He said that evacuation and response plans in place deal with only a small radiation release, but he pointed out that there could be multiple releases, wind shifts, that could spread the radiation over a much wider area than the 10 miles envisioned by the county evacuation plan. He also said a second wave of radioactivity would drift across the area within the first week, spread by wind.

Potassium Iodide should be taken 5 hours before a release to be maximum effective.

He noted that most deaths would occur from thyroid cancer, and said that immediate notification of a possible release was needed to make potassium iodide an effective antidote to the radiation in the air. He worried that warning of an Indian Point attack would not be given in time to make maximum use of the potassium iodide medication. Beyea called for more dosages of the drug to supplied to residents.

Anticipated deaths from “delayed excess cancer fatalities” in a worst case release, he estimates would be from 5,000 to 50,000 persons).

Panic Another Fallout from the Attack.

He grimly said that the region could be crippled for years, calling a bad release from a spent fuel rod pool fire “unthinkable,” with the radiation contaminating three times the area envisioned by the Evacuation Plan. He said the region would suffer a $100 billion loss for a start in such a “bad case.”

He said the panic, the inability to return home, with radiation “everywhere,” would be another awful side effect.

Calls for Beefing Up Response Plan; Cold Shutdown; Cask Storage.

Beyea completed his talk by beefing up the response plan, citing too much reliance on information from the Indian Point site. He said Entergy cannot be faulted for putting forth a case that the plant is safe and prepared for anything, because it is unfair to put them in the position of being “in conflict with their financial health.”

He urged supplying citizens with Hazmat masks (personal filter equipment), to avoid inhalation of radiation particles, by which radiation is absorbed by the thyroid gland.

He called for a National Research Council study of a response to a nuclear plant attack.He asked that the county and state continue to move ahead on measures to prepare for disaster and limit risk, even though Entergy and the National Research Council say the present plans is adequate and stronger measues unnecessary.

He warned officials and the public against being paralyzed by conflicting technical arguments, urging a balanced panel of experts.

What he Would Do.

His solution to the problem is to put Indian Point in “cold shutdown,” simply stopping the ongoing nuclear reaction for good. Cold shutdown, he reports, immediately begins to limit the amount of radiation created. He called for place fuel rods in small quantities in concrete casks, which he said will all but eliminate the danger of the fuel rods (now concentratede in the fuel pools) burning and releasing a steady radiation release.

Calls for the public to make the call.

Dr. Beyea’s final words to WPCNR, in chatting with him after the program, was his concern that the public act in its own self-interest, and not leave the decision on Indian Point up to the experts, or the government. He urged the public to evaluate the risks which he feels are enough to warrant a shutdown permanently.

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White Plains Housing Authority Sues White Plains. Carter: New Sites Considered

WPCNR Afternoon Trib & Post. August 21, 2002: The White Plains Housing Authority has filed a law suit in Supreme Court against Mayor Joseph Delfino and the White Plains Common Council. The court papers filed Monday ask the court to approve the building of its new headquarters on open space at the Winbrook complex, noting that the Mayor and Common Council have failed to act on the proposal for six months, in effect, killing the project.

Meanwhile, Mack Carter, new Executive Director of the Authority, told WPCNR today the Housing Authority is working “to amicably resolve” the situation with the city, and was considering new sites suggested by city staff in two meetings held prior to filing of the lawsuit.



PROPOSED SITE FOR THE NEW HOUSING AUTHORITY HEADQUARTERS is on Martin Luther King, Jr. Boulevard bounded by 223 Martin Luther King, Jr. Boulevard, the Bethel Baptist Church, (in background) and the Thomas G. Slater Center (not shown, and to the right of the tract), shown as it appeared in March of this year.
Photo by WPCNR



THE BETHEL BAPTIST CHURCH PRESENTED A PETITION to the Mayor’s office Wednesday signed by 400 persons stating they are opposed to the building of the Housing Authority Headquarters on the site. Here is an overhead of the plans for the new headquarters, showing its proximity to the Bethel Baptist Church.
Photo by WPCNR


Meanwhile, Mayor’s Office Identifies New Sites in Quiet Discussions with WHA Board Members.

George Gretsas, the Mayor’s Executive Officer, said today, in his first comments to WPCNR on the lawsuit, said city staff had been in direct discussions with Housing Authority board members in an effort to find an alternative site for the headquarters.

“We have had staff working on some ideas for alternative sites,” Gretsas told WPCNR. “They have had meetings with members of the Housing Authority Board, dialoging to see where there are some areas of flexibility (on the part of the Housing Authority).”

Gretsas would not say how many meetings had been held, but said there had been at least one with some Housing Authority board members. The meetings were held before news of the suit surfaced Tuesday, according to Mack Carter in an interview with WPCNR Wednesday afternoon. Mr. Carter, formerly of the White Plains Planning Board, is the newly appointed Executive Director of the Housing Authority.

Carter: Sites Identified, Housing Authority Working to “Amicably Resolve the Issue.”

Mack Carter, Executive Director of the White Plains Housing Authority contacted WPCNR Wednesday afternoon at the request of Lawrence Salley, Chairman of the Housing Authority, and confirmed to WPCNR that the Housing Authority was in discussions with the city to “amicably resolve the issue.”

Carter said he could not divulge locations of actual new sites suggested by city staff, because “we were in discussions.”

Carter said he anticipated another meeting would be held with the city shortly to continue the dialogue.

Suit an Attention-Getter.

Mr. Carter confirmed that the lawsuit had been filed with the Supreme Court. WPCNR
asked if the White Plains Housing Authority was directed to file the lawsuit by the Department of Housing & Urban Development, the Housing Authority parent agency. Carter said it was not.

He said the Housing Authority filed the suit on its own “on advice of our legal council” to “get the Common Council to pay attention to this matter.”



THE HEADQUARTERS NOBODY WANTED: The proposed designs for the headquarters proposed for the Bethel Baptist Church courtyard.
Photo by WPCNR


Gretsas Regrets Lawsuit. City Proceeds on Two Tracks.

Mr. Gretsas characterized the Housing Authority’s lawsuit with a sigh of regret: “The filing of the lawsuit…it wasn’t very nice. It didn’t do anything to contribute to the relationship between the city and the housing authority.”

He said the city was proceeding on two tracks, first dealing with the lawsuit, but simultaneously continuing to work with the Housing Authority to find alternate sites, as the Mayor had proposed in July.

Lawsuit Disclosed to Media Before Served on city?

From what WPCNR has been able to determine, the city first learned of the intentions of the suit by letter from the Housing Authority Monday, when apparently, a member of the Housing Authority Board of Directors notified a media outlet the suit was being filed.

The Lawsuit Analyzed

A WPCNR legal expert, a seasoned professional in municipal zoning matters, speaking on condition of anonymity, said the suit filed Monday asks the court to rule that the new building be built on the proposed site.

According to the papers filed, On or about February, 2002, the Petitioner (Housing Authority) submitted an application to the Council for site plan approval…The proposal complies in all respects with the requirements of the City Zoning Ordinance…Thereafter the Council referred the proposed site plan out to its various boards and commissions for comment…on May 10, 2002, the Petitioner submitted additional detailed drawings to the Council in order to respond to the questions raised….

The Council referred the Supplemental Drawings out to its boards and commissions…The comments received from the City boards and commissions with respect to both the original plans and Supplemental Drawings were favorable…The Council held a hearing on the proposal in June of 2002, but failed to take any action….At the hearing several members of the public spoke against the project raising various issues which were not based upon any facts or expert analysis but merely generalized concerns over theproject…One site the petitioner considered (WPCNR NOTE: On the present parking lot to the South of Winbrook’s 223 Martin Luther King Jr. Boulevard) was previously submitted to the Council and the Council failed to take any action on the request.

The Council has now followed the same tactic with the present application. The Zoning Ordinance…states that if the approving agency (in this case the Council) fails to take action on an application within 90 days of submission the application is disapproved…More than six months have passed…The Council has failed to act and instead has denied the application by deliberately defaulting on the 90 day time period in the zoning ordinance.

Pulling the Trigger

Our analyst told WPCNR that the suit’s trigger statement demands the court reverse the alleged denial-by-delay. The papers ask,

The Petitioner is entitled to judgment reversing, annulling and setting aside the adverse determination of the Council and granting the Petitioner site plan approval for the Administration Building as proposed by Petitioner.

The attorney WPCNR interviewed said, the court could grant the site plan approval, rendering the Common Council bystanders on the issue.

Mandamus Asked Within 30 days of Decision.

The WPCNR analyst noted that the suit has a fallback position, should the court decide they do not have the authority to approve the headquarters construction on the proposed site. Our commentator isolated the section in the brief, that they described as a “mandamus” section, that asks the court to compel the Common Council to meet and make a decision on the issue within 30 days of the court decision.

“A Writ of Mandamus” according to Putnam’s Handy Lawbook for the Layman is an act of law to compel one to do something.

In the Housing Authority brief, failing the court approval of the preferred site, it asks of the court:

“In the event the Court determines that the failure of the Council to act upon the application of Petitioner is not a denial of the application then in that event Petitioner alternatively seeks judgment ordering the Council within thirty days of service of the judgment of this Court, to render a decision on the application of the Petitioner for Site Plan approval for the Administration Building.

Suit filed but not Assigned Yet.

The actual suit has not been served yet on the City of White Plains. The Supreme Court Calendar Office has no index number for the case yet, and a judge not assigned. The clerk WPCNR spoke to said such a suit is filed with the County Clerk’s office in County Courthouse at 110 Martin Luther King, Jr. Boulevard and that it “takes anywhere from 7 to 10 days” for the papers to make their way upstairs to the eighth floor to be put on the calendar.

Steven Silverberg, of Wilson, Elser, Moskowitz, Edelman & Dicker, the Housing Authority attorneys, confirmed to WPCNR Wednesday that the suit had been filed Monday of this week. Silverberg said it usually takes a couple of days for the process server to serve the papers.

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Hold on, Mr. Bloomberg, Say Spano, Legislators: No way on Commuter Tax

WPCNR COUNTY CLARION CHRONICLE. From Westchester County Department of Communications:County Executive Andy Spano and the Democratic members of the Westchester Board of Legislators expressed Tuesday, their unequivocal opposition to any effort by New York City to re-impose the so-called commuter tax.
The tax – an income tax imposed on suburbanites who commute to New York City for their jobs – was eliminated in 1999 by the state Legislature. But now New York City Mayor Mike Bloomberg and others have spoken of it as a way to help deal with the city’s budget problems.

Spano called that an “unacceptable solution.”
“We in Westchester will fight any effort to re-impose this commuter tax,” Spano said.

He added, “Westchester’s commuters are already helping the New York City economy. They shop in the city and eat in the city, helping keep retail businesses going and adding millions of dollars in sales tax revenues to the city. To ask Westchester residents and those from other suburbs to subsidize New York City further is just not right.”

Spano noted that as many as 58,000 residents of New York City “reverse commute” each day into Westchester. “We wouldn’t impose an income tax on them, and we don’t think it’s right for New York City to impose such a tax on our residents.”

Spano added, “I am keenly aware of the city’s financial situation. We in Westchester face a deficit next year of $102 million due to state-imposed programs. However, I would not ask city residents to resolve our deficit problems, and the city should not be asking Westchester residents to resolve its crisis.”

These feelings were echoed by the leadership of the Democratic-controlled Board of Legislators.

Lois Bronz, chair of the board, called the possibility of re-imposing the commuter tax “a very troubling development.”

“Westchester has its own fiscal difficulties, many of them similar to New York City’s,” Bronz said, citing such things as unfunded mandates. “This is a quick fix that imposes an undue burden on the people who are already helping to sustain the city’s economy. It’s totally unwarranted and unfair.”

Bill Ryan, the Legislator for White Plains, and vice chairman of the board and a former state assemblyman, said, “Putting an additional tax burden on the suburbs is clearly wrong – we shoulder enough. New York City’s extraordinary funding needs must be met by increased state aid, not from our county commuters’ pockets. Mayor Bloomberg is going after the little guys when he should be focusing on Albany which is really in a position to help New York City. Bloomberg and the suburbs need to join forces to get Albany to stop its policy of shifting costs to local governments while withholding adequate financial assistance.”

Clinton I. Young, Jr., the board’s Democratic majority leader, said that it was “outrageous” for Mayor Bloomberg to look to Westchester for financial assistance.

“He should look further north, to Albany and the Governor’s Mansion, and get assistance from the cause of his troubles and he should start by demanding that the state assume the costs for Medicaid,” he said. “Westchester has always been supportive of New York City. We’ve always gone the extra mile for New York City. But now the Mayor wants our residents to go that extra mile barefoot through a thicket of fiscal thorns, and we’re not prepared to do that.”

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