WHITE PLAINS CITIZENETREPORTER SETS RECORD VISITS FOR YEAR 7,017,658 VISITS! 2,098,003 VISITORS MADE 6 VISITS A DAY EVERY DAY. 63,330 UNIQUE VISITORS MADE 133,730 VISITS IN DECEMBER. WPCNR AVERAGED 17,284 VISITORS A WEEK, VISITING 31,270 TIMES. | WHITE PLAINS WESTCHESTER DAILY NEWS SERVICE VISITS SINCE 2000 A.D. 25TH YEARl REPORTING THE NEWS YOU NEED TO KNOW News Service Since 2000 A.D. 2026 WILL BE OUR 26TH YEAR OF COVERING WHITE PLAINS NEW YORK USA . John F. Bailey, Editor (914) 997-1607 wpcnr@aol.com Cell: 914-673-4054. News Politics Personalities Neighborhoods Schools Finance Real Estate Commentary Reviews Policy Correspondence Poetry Philosophy Photojournalism Arts. The WHITE PLAINS CITIZENETREPORTER. TELEVISION: "White Plains Week" News Roundup, 7:30 EDT FRI, 7 EDT MON & the incisive "People to Be Heard" Interview Program 8PM EDT THURS, 7 PM EDT SAT on FIOS CH 45 THROUGHOUT WESTCHESTER AND, ALTICE OPTIMUM WHITE PLAINS CH 1300 Fighting for Truth, Justice and the American Way. TOP 10 VISITORS FROM AROUND THE WORLD :1. USA. 2.BRAZIL3.VIET NAM 4. CHINA 5. JAPAN 6.UK. 7.CANADA. 8.INDIA. 9.AUSTRALIA 10.IRELAND 11.GERMANY 12..ARGENTINA 13.BANGLADESH 14.RUSSIA. 15.NEWZEALAND. 16. FRANCE. 17.MEXICO. 18.UKRAINE. 19.SOUTH AFVRICA. 20. IRAQ.

THE FASNY 50

Posted on September 22, 2014 by John Bailey

WPCNR THE LETTER TICKER. September 21, 2014:

Editor’s Note: In a previous letter to the White Plains Mayor and Common Council, Marie and Ron Rhodes raised a line of thinking that the city leadership might pursue or at least ponder and ask themselves when the hearings on the French American School of New York resume September 29. The couple has gone over the documents submitted by FASNY with a fine tooth comb and in doing so have compiled a list of questions the Common Council and the Mayor might ask the school when the gavel comes down September 29. To date, no one on the Common Council has asked any specific questions during the course of the hearings. The Rhodes team promised a list of questions and have forwarded these to the Mayor and Common Council

Rhodes Questions. . .from the FASNY Public Hearings

as of September 19, 2015

Questions for the Common Council

1. If over the past 3+ years residents presented a lot of evidence to you for rejecting FASNY. . .including that their “Regional School Campus” which does not fit with the residential character of our neighborhood. . .does not cater to students from our own WP community. . .and is not in conformity with a number of WP laws and regulations. . .why isn’t there unanimous consent to say “no” to FASNY?

2. What does the Mayor and Common Council know. . .that we don’t know?

3. Now that the WP Board of Education has weighed in on September 15, 2014 with such negative comments on the FASNY project and the North Street entrance. . .including the statement that the safety and welfare of our kids is more important than anything else. . .do you understand where your constituents have been coming from over the 3+ years?

4. If the Planning Board in its August 25, 2014 letter is pointing out that FASNY’s Site Plan differs and has inconsistencies with the SEQR Findings and FEIS submissions, that FASNY’s 10-year Construction needs a site restoration bond and that the Planning Board was against the Closure of Hathaway Lane. . .isn’t this a significant pause for concern?

5. As elected officials if you do not listen to your own Planning Board, your own Board of Education and your own residents. . .who do you listen to?

6. Before the Common Council took over as Lead Agency for the FASNY project. . .did someone on the City Staff do the vetting to insure it was in conformity with our Comprehensive Plan. . .fit in with our residential neighborhood. . .and that FASNY had the money?

7. As FASNY has been rather loose with hard facts and good with hiding information for 3+ years. . .what is going to change with the Common Council now asking questions?

8. Why in all the FASNY submissions and presentations have FASNY factual errors and misrepresentations, for example on the Conservancy, been overlooked and ignored?

9. Isn’t there something wrong with all the FASNY misleading and stonewalling that appears to have taken place. . .if the end result of this FASNY project places WP School Children, WP Seniors and other WP Residents at risk?

10. As elected officials isn’t your fiduciary responsibility to search for the truth in all projects that come before you?

11. And based on FASNY’s track record so far in White Plains. . .who believes that they will be honest enough on their own to monitor, enforce and report on their questionable Mandatory Busing Plan, Vehicle Trips, Drop-offs and Parking violations. . .without control and oversight from the City Police and Traffic Department?

12. By the way, what happened to the 83-acre Conservancy that FASNY was donating to the City?

13. Help us out. . .if the City has 130 acres now of Open Space with the FASNY property. . .and FASNY uses 53 acres to build their regional school campus. . .how can FASNY be giving Open Space to the City and residents?

14. Does anyone have any confidence in the FASNY leadership to deliver what they say?

15. The Mayor and Common Council challenged FASNY to make significant improvements in their Site Plan submission. . .so how did FASNY do?

16. With the Common Council not asking FASNY any questions over the past 3+ years and the Planning Board only able to ask questions at a few of their meetings. . .has any large developer in WP, like FASNY, ever been asked so few questions?

17. Will you be asking FASNY softball, Matt Lauer-type, questions or challenging, Bill O’Reilly-type, questions?

18. Who on the City Staff is responsible for helping the Common Council coordinate all of the different FASNY submissions, consultant reports and Public Hearing comments?

19. What is the Mayor and Common Council doing with all of our correspondence and transcripts of our presentations? Is someone on the City Staff summarizing them for you?

20. Has the City been reimbursed by FASNY for time the Staff and Consultants, who were on the City’s payroll, were helping FASNY during this review process?

21. Why don’t you let the Planning Board, who has experience asking project development questions, participate at least initially on the key issues involving Traffic, Water, 10-year Construction, Property Values and Neighborhood Character?

22. If the Mayor at the December 19, 2013 SEQR Findings meeting said we are all “bound by the law”. . .will the Common Council be following the Mayor’s directive in your voting?

23. Who has been advising the Common Council on the Law. . .that a “private school” has to be granted a Special Permit. . .particularly when expert legal opinion implies that municipalities often use Special Permits for uses less desirable than the Permitted Uses? (see Steve Silverberg’s website on Special Permits)

24. And who has been advising the Common Council that the FASNY project is in conformance with the Comprehensive Plan, Zoning, Special Permit and other regulations. . .because it isn’t?

25. If the City’s Zoning code. . .Section 1, Purpose, part 1.5. . .says zoning is in place to protect the character of the neighborhood. . .is it right to try to get around our zoning to destroy our neighborhood?

26. Why are the Mayor and some of the Common Council enamored about a “school” rather than being concerned about “the impact of the size and nature of the project itself” on the community. . .particularly one that would significantly add Traffic, decrease Home Values and destroy Open Space?

27. How did FASNY and the City Staff perform mitigation. . .if afterwards neighborhood residents are left with “unmitigable” conditions on Traffic, Water, Construction, Character and Property Values?

28. Isn’t the purpose of Mitigation under the SEQR regulations. . .not to make resident living conditions worse?

29. And isn’t the # 1 rule of elected officials. . .to not make living conditions worse for citizens who voted for them?

30. If the City Staff and Common Council suggested the North Street Entrance because Ridgeway is only a “connector” street while North Street is an “arterial street. . .why was Traffic made worse in the process?

31. When it became apparent that the North Street entrance made Traffic worse. . .why didn’t you have the outside consultant TRC relook at the Traffic situation to provide a Second Opinion?

32. If FASNY itself rejected the North Street access back in the DEIS. . .what changed in the environment and character of our community since the DEIS that the North Street access is now FASNY’s “perfect choice “?

33. And was the North Street access really studied in depth at the same time compared to the Bryant Avenue and Ridgeway options as required by SEQR?

34. Isn’t the closing of Hathaway Lane another sign that the FASNY project is just too big for our residential neighborhood and out of sync with our Comprehensive Plan?

35. Why would anyone want to close Hathaway Lane. . .if it increases Fire Response Times to neighborhood residences and creates more risk for our School Children attending nearby schools?

36. If “more Students = more Vehicle Trips = more Accidents”. . .isn’t a project this size in a residential area a risk for our own School Children and Senior Citizens?

37. Why didn’t you order FASNY to do an independent hydrology study. . . when you were advised years ago by residents of its importance. . .in part because the original golf course was built by covering over underground streams?

38. Why hasn’t the Mayor and Common Council made an official Site Visit to our neighborhood going door-to-door asking residents for our thoughts and concerns about FASNY?

39. Why hasn’t an outside Appraisal Company been hired to determine the loss of property values on homes most impacted by FASNY’s Construction and for our neighborhood in general?

40. How does a 53-acre school, hotel or office complex fit in with a neighborhood character of single family homes?

41. How can FASNY take 130 acres of current Open Space. . .put a regional school campus on 53 acres of it with 261,200 sq. ft. of building. . .that will “triple” Vehicle Trips in our neighborhood from students, staff and parents. . .and in their whole Site Plan “Environmental Section” not talk about how much FASNY will be increasing noise levels, pollution emission levels, greenhouse gases, carbon footprints or any other environmental measuring technique you would use. . . compared to what is generated now from the Open Space we have today in our neighborhood?

42. Why hasn’t the Common Council as Lead Agency. . .because of the inadequate review of the North Street entrance in the FEIS, the closure of Hathaway Lane and the overall issue of the Conservancy. . .at the least requested a supplemental Environmental Impact Statements (EIS)?

43. How can you accept a Site Plan Review that starts off with a significant 16% building increase from what you last approved in the SEQR Findings?

44. Whatever happened to some of your old campaign slogans and core principles of the Democratic Party. . . preserving Open Space. . .protecting Neighborhoods. . .and taking care of Senior Citizens?

45. With the FASNY project. . .aren’t we really talking about individual property rights. . .if you live on a street zoned for residential housing. . .is it right for the City to change the zoning to allow, for example a gas station next to your residence. . .particularly if the gas station reduces property values?

46. How would Common Council members feel if someone proposed a project near your own home and neighborhood that “tripled” Vehicle Trips, increased Traffic Safety issues and reduced your Property Values?

47. By the way where is FASNY’s money?

48. Shouldn’t the Mayor and Common Council members disclose all possible conflicts of interest, if any, including prior business relationships, campaign donations and future promises with FASNY?

49. What happened to make some of our elected officials in White Plains so out of touch with residents, voters, taxpayers. . .and our own laws?

50. With regard to the Westchester County Commissioner of Planning’s letter dated June 26, 2014 praising FASNY’s SEQR submissions and the selection of the North Street Entrance. . .

FASNY OPPONENTS GIVE MAYOR AND COMMON COUNCIL ADVICE AND A PRIMER ON DECISION-MAKING

Posted on September 21, 2014 by John Bailey

WPCNR THE LETTER TICKER. September 21, 2014: Editor’s Note:The following is a letter to the City leaders from two Gedney Farms area residents styling themselves as “The Truth Police” on FASNY, who have regularly corresponded with the Mayor and City Council with advice on what to look for and ask about the French American School of New York expanded campus for which the school is seeking a special permit. The continuation of the FASNY hearings on their Special Permit Site Plan and Hathaway Lane closure comes up Monday, September 29, 6:30 P.M.

Dear Mayor and Common Council,

We have to thank the WP Board of Education for unanimously rejecting FASNY’s Plan, the North Street entrance alternative and FASNY’s Traffic Management Plan in general. And we also have to thank our Board of Education for being more concerned with the safety and welfare of our own WP Students. . .than politics.

Our Overview of the just completed Public Hearings on FASNY. . . centers on the Mayor’s directive back at the December SEQR Findings meeting that. . .”the City is bound by the law”. During the Site Plan hearings residents and experts presented significant evidence that this FASNY project violates our Comprehensive Plan, Zoning, Special Permit and other WP regulations. . .while FASNY representatives presented no legal evidence to the contrary.

As you know we live in a society founded on “the rule of law”. If elected officials do not follow the law. . .society itself breaks down as how would citizens know what laws to follow and take seriously?

While these public hearing were informative. . .residents presented a lot of evidence to you for rejecting FASNY. . .while no factual responses came from all the FASNY speakers, who while supporting their school, had no facts or evidence to offer.

Back when the SEQR Findings were approved and moved along by our elected officials. . .all of you challenged FASNY to make significant improvements in these submissions. So how did FASNY do?

Unfortunately not well by our account. . .as FASNY’s Traffic has gotten worse as we learned more about the problems associated with their North Street entrance and also about the negative impact of closing Hathaway Lane will have on Fire Response times and resident Quality of Life. No one from FASNY explained why they increased their building square footage in the face of a reduced student population. And no explanation was provided by FASNY during the hearings to support of the length of their 10-year construction process.

Also back at last December’s SEQR Findings meeting. . .Common Council members asked for improvements from FASNY to lessen their project’s negative impact on neighborhood character. . .yet none were provided in the Site Plan or at the hearings.

The Council also asked for a Storm-Water protection plan. . .and thanks to the resident efforts, not FASNY’s, the Army Corps of Engineers will tell us where building foundations can safely be placed on FASNY’s property. (Editor’s Note: The Army Corps of Engineers is reviewing whether it has jurisdiction over the property.)

And the Conservancy, which the original FASNY Spin told us was being donated to the City. . .now will be retained by FASNY with the likelihood that parcels will be sold off to developers over time.

At this point there is enough in the public record for the Common Council to order additional outside consulting studies for FASNY’s Traffic, on Storm-Water and on neighborhood Property Values.

You could even order supplemental Environmental Impact Studies (EIS) for the North Street entrance and the 530 FASNY Traffic number which were not properly analyzed in the FEIS and SEGR Findings report. And certainly new Environmental Impact Studies could be ordered on the Closure of Hathaway Lane and the Conservancy. . .where not enough information was contained in the FEIS, SEQR Findings or in the Site Plan to evaluate any of these subjects.

Your best choice would be to just vote “no” on FASNY’s “Regional School Campus” which does not fit with the residential character of our neighborhood, does not cater to students from our own WP community. . .and is not in conformity with a number of WP laws and regulations.

You have announced that you will hold a meeting on September 29th where you will finally ask the FASNY representatives questions. We look forward to your probing and challenging questions to FASNY. . .so we all can listen and process FASNY answers.

So to help our Common Council to ask the right questions. . .we went back to FASNY submissions, the recent hearings and our own notes to put together a list of questions for you. And surprising even to us we have ended up with more questions for our Common Council. . .50 in total that we are passing on to you now in preparation for your September 29th meeting. We’ll forward our suggested list questions for FASNY in a separate email.

We look forward to your answers, your transparency and for you to follow the law.

We report. . .you decide.

Your Truth Police, Team Rhodes

Marie and Ron Rhodes

More Anxiety: Tighter Security Ahead: Governor

Posted on September 21, 2014 by John Bailey

WPCNR ALBANY ROUNDS. From the Governor’s Press Office. September 21, 2014:

Governor Andrew M. Cuomo met Friday with Legislative Leaders to announce a coordinated increase in security and law enforcement personnel at mass transit sites in the New York City region. This announcement is being made out of an abundance of caution, given the undeniable increase of terrorist activity abroad. The precautionary surge is also based on the fact that New York City continues to be a high-profile terrorist target as one of the world’s top destinations for travelers, as well as the premier hub for business and commerce in the region.

As part of this effort, Governor Cuomo is directing the heads of the New York State Division of Military and Naval Affairs, the New York State Police, the Metropolitan Transportation Authority and the Port Authority of New York and New Jersey to increase security at mass transit sites like LaGuardia Airport, John F. Kennedy International Airport, Penn Station, Grand Central Terminal, and stations along the Metro-North Railroad and Long Island Rail Road.

“When it comes to public safety, our responsibility in government is to be ready, be prepared, and anticipate the worst – and that is exactly what we are doing today,” Governor Cuomo said. “While we have not received any credible threats, New York City is an international symbol of tolerance and resilience, and therefore continues to be a top target for terrorists. With that in mind and in light increasing terrorist activity overseas, we are increasing security measures across the board at mass transit sites in the region. New Yorkers should rest assured knowing that public safety is our highest priority, and we will do whatever we need to do in order to keep our communities safe.”

Effective earlier this week, the Port Authority redeployed PAPD and K-9 resources at its facilities including increasing bag checks and on and off train checks throughout the PATH system. The Authority has also increased PAPD presence at JFK and LaGuardia Airports including close coordination with El Al at JFK, and has increased PAPD coverage at the agency’s bridges and tunnels, World Trade Center site, Port Authority Bus Terminal and ports.

The MTA is also operating under a heightened level of awareness, by both redeploying existing resources and adding additional overtime coverage, with the primary focus including Penn Station and Grand Central Terminal. This includes an increase in MTA police presence both on trains and in stations, alongside increased bag checks and K-9 patrols.

The New York National Guard will increase the number of Soldiers and Airmen assigned to Joint Task Force Empire Shield, the National Guard security force which operates in New York City. The task force members work daily with the MTA Police Department, Port Authority Police Department, Amtrak Police and New York City Police Department to provide security at New York City transportation hubs. National Guard Soldiers and Airmen on duty in these transportation hubs provide federal, state and local law enforcement agencies with additional eyes on the ground.

Today’s announcement comes as the New York Department of Homeland Security and Emergency Services and the New York State Police are leading an internal review of current safety and security procedures. This review is part of a joint effort with New Jersey and federal officials to increase cooperation and preparedness in the face of heightened terrorist activity and increasing tensions between the United States and international terrorist networks.

Montefiore and White Plains Announce Partnership One Step Closer. Deny it is a “Takeover” or “Merger.”

Posted on September 19, 2014 by John Bailey

White Plains Hospital on West Post Road, White Plains, New York USA

WPCNR HEALTH CARING. From Harrison Edwards Public Relations. (EDITED) September 19, 2014:

Today, White Plains Hospital and the Montefiore Health System announced that their affiliation agreement was unanimously approved by the Project Review Committee of the New York State Department of Health’s Public Health and Health Planning Council. The full council will review the agreement in October when the agreement is expected to be final.

Through this innovative partnership, White Plains Hospital will become a member of the Montefiore Health System. The partnership will enable White Plains Hospital to continue to expand its clinical services while retaining its culture of high quality, personalized healthcare.

In the letter acompanying this news release, from Jeannie M. Ashford of Harrison Edwards Public Relations for White Plains Hospital and Montefiore emphasized, in red and bold type to WPCNR:

“that it is factually incorrect to use the term “merger” or “takeover” in describing the proposed transaction. It can be referred to as an “alliance” or “partnership.” There is a legal difference between these two sets of terms.”

WPCNR should point out to readers that the description of this proposed partnership filed with the Project Review Committee of the New York State Department of Health’s Public Health and Health Planning Council, states:

“Montefiore Health System, Inc., requesta approval to become the active parent and co-operator of White Plains Hospital. The proposed project, as described, does not result in any immediate changes in services at White Plains Hospital, in the projected utilization and staffing, or in any restructuring.”

“The applicant (Montefiore Health System, Inc.) will exercise the following active powers”

* Approve the appointment of WPH (White Plains Hospital) management level employees (Chief Executive Officer, President, Chief Medical Officer and Chief Financial Officer).

* Approve White Plains Hospital operating and capital budgets.

* Approve White Plains Hospital operating polices and procedures.

* Approve certificate of need applications.

* Approve White Plains Hospital debt necessary to finance the cost of compliance with operational or physical plant standards required by law.

* Approve hospital contractss for management or for clinical services, other than in the ordinary course of business.

* Approve settements of administrative proceedings or litigation to which White Plains Hospital is a party that may have a material adverse impact on WPH or MHS.”

Jon Schandler in April, 2014 appearing on White Plains Television’s PEOPLE TO BE HEARD, Westchester’s most relevant Interview Program

“The relationship we are embarking on with Montefiore will be a partnership, designed with many benefits to both sides,” said Jon B. Schandler, C.E.O. of White Plains Hospital, who is retiring in January said, “We will continue to treat patients close to home, in a setting where physicians, nurses, and staff consider them to be family. White Plains Hospital will continue to provide exceptional care for our community, and with Montefiore as our partner, we are well positioned to provide advanced community based health care well into the future.”

Montefiore brings to the partnership its academic and research expertise as the University Hospital for Albert Einstein College of Medicine; clinical expertise, including its notable Centers of Excellence in cancer care, cardiovascular services, transplantation and children’s health; and decades of experience in comprehensive care management to improve health and make care more affordable.

“This agreement will make White Plains Hospital the regional hub of Montefiore’s Westchester care network,” said Steven M. Safyer, M.D., President and CEO of Montefiore Health System. “Working with the private-practice physician community and other providers, Montefiore and White Plains Hospital will offer Westchester residents a well-coordinated system of care and the benefits of Montefiore’s innovative, integrated care delivery system and academic partnership with the Albert Einstein College of Medicine.”

In April, White Plains Hospital and the Montefiore Health System signed formal documents outlining the partnership.

(Editor’s Note, the legal definition of a merger is in corporate law:

merger n. 1) in corporate law, the joining together of two corporations in which one corporation transfers all of its assets to the other, which continues to exist. In effect one corporation “swallows” the other, but the shareholders of the swallowed company receive shares of the surviving corporation. A merger is distinguished from a”consolidation” in which both companies join together to create a new corporation.

OR:

The combination or fusion of one thing or right into another thing or right of greater or larger importance so that thelesser thing or right loses its individuality and becomes identified with the greater whole.

Legal Definition of a Takeover (Legal Dictionary):

To assume control or management of a corporation without necessarily obtaining actual title to it.

About Montefiore Health System

Montefiore Health System is a premier academic health system and the University Hospital for Albert Einstein College of Medicine. Combining nationally-recognized clinical excellence with a population health perspective that focuses on the health needs of communities, Montefiore delivers coordinated, compassionate, science-driven care where, when and how patients need it most. Montefiore consists of six hospitals and an extended care facility with a total of 2,059 beds, a School of Nursing, and state-of-the-art primary and specialty care provided through a network of more than 150 locations across the region, including the largest school health program in the nation and a home health program. For more information please visit www.montefiorehealthsystem.org. Follow us on Twitter; like us on Facebook; view us on YouTube.

About White Plains Hospital

White Plains Hospital (WPH) is a 292-bed not-for-profit health care organization with the primary mission of providing exceptional acute and preventive medical care to all people who live in, work in or visit Westchester County and its surrounding areas. Centers of Excellence include the Dickstein Cancer Treatment Center, The William & Sylvia Silberstein Neonatal & Maternity Center and The Ruth and Jerome A. Siegel Stroke Center. The Hospital’s Flanzer Emergency Department is the busiest in Westchester County, seeing over 55,000 visits a year. White Plains Hospital is the only community hospital in Westchester County licensed to perform lifesaving emergency & elective angioplasty in its Joan and Alan Herfort, M.D. Cardiac Catheterization Laboratory. The Hospital is fully accredited by the Joint Commission and earned its recognition as a Top Performer for Key Quality Measures® in 2013. The Hospital is also an eleven-time winner of the Consumer Choice Award, an honor given to the nation’s top hospitals by the National Research Corporation, and received Magnet® designation in 2012 from the American Nurses Credentialing Center (ANCC). In 2014 White Plains Hospital received the Outstanding Patient Experience Award from Healthgrades®, given to only 5% of hospitals nationwide. For additional information, visit http://www.wphospital.org.

WHITE PLAINS WEEK THIS WEEK WORLDWIDE: MONTEFIORE TAKES WHITE PLAINS HOSP–BOE SACKS FASNY–WP BANKS ID THEFT AND YOU’VE GOT DAVID MCKAY WILSON

Posted on September 19, 2014 by John Bailey

STAND BY FOR NEWS!

BAILEY!

KATZ!

BENEROFE!

WP BOARD OF EDUCATION SHOCKS FASNY

MONTEFIORE TAKES OVER WHITE PLAINS HOSPITAL

WHITE PLAINS BANK TELLERS ACCUSED OF I.D. THEFT BY A.G.

SAXON WOODS -ROSEDALE ROAD CONSTRUCTION A THREAT TO SAFETY.

TENNIS ANYONE? TENNIS INNOVATORS ACADEMY INTRODUCES ITSELF

THE MOST EXPENSIVE TEE SHOT NEVER TAKEN: $1.5 BILLION

CUOMO BACK PANHANDLING FOR $4 BILLION FOR NEW ZEE

AND ON PEOPLE TO BE HEARD AT

www.whiteplainsweek.com

WESTCHESTER’S MOST RELEVANT INTERVIEW PROGRAM…

YOU’VE GOT

DAVID MCKAY WILSON
THE REPORTER’S REPORTER

DOWN LOAD THE NEWS DOUBLEHEADER

www.whiteplainsweek.com

OR WATCH THE ACTION COUNTYWIDE MONDAY 10 P.M. ON VERIZON FIOS AT CHANNEL 45

OR IN WHITE PLAINS ON CABLEVISION CHANNEL 76

FBI Arrests Westchester Guardian Publisher. Indicts Him on Charges of Submitting False Loan Aps, Tax Fraud, Wire Fraud, Witness Tampering

Posted on September 18, 2014 by John Bailey

WPCNR FBI WIRE. Special to WPCNR From the Federal Bureau of Investigation. September 19, 2014:

Preet Bharara, the United States Attorney for the Southern District of New York, Shantelle P. Kitchen, the Acting Internal Revenue Service Special Agent in Charge of the New York Office—Criminal Investigation (“IRS”), George Venizelos, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Christy Romero, the Special Inspector General of the Troubled Asset Relief Program (“SIGTARP”), announced today that Westchester businessman SELIM ZHERKA, 46, of Somers, New York, was indicted by a federal grand jury in White Plains for submitting multiple false loan applications to banks, tax fraud, wire fraud, and witness tampering.

ZHERKA was arrested today by agents of the FBI and arraigned in federal court in White Plains this afternoon. U.S. Attorney Bharara stated:

“Selim Zherka, while running his various businesses, allegedly engaged in a string of crimes. Zherka, the owner of commercial real estate and other businesses, stands accused of filing multiple false bank loan applications, engaging in tax fraud, and witness tampering. He is also charged with defrauding a businessman of his right to collect a court judgment against Zherka for assault and breach of contract.”

Acting IRS Special Agent in Charge Kitchen stated: “The Internal Revenue Service is committed to ensuring that everyone pays their fair share of taxes. The public should not have to pick up the tab for those who willfully choose to not file correct and accurate returns. IRS-Criminal Investigation investigates individuals who allegedly corruptly violate the tax laws to further their business and personal interests, at the expense of other businesses and individual taxpayers who play by the rules.”

Assistant FBI Director Venizelos stated: “As alleged, Zherka’s entrepreneurship got a little too creative when he began fabricating loan applications, among many other things, and Zherka’s web of deception knew few bounds. Today he finds himself under arrest and on the wrong side of the law.”

Special Inspector General of TARP Christy Romero stated: “Following an extensive criminal investigation by SIGTARP and our law enforcement partners, this morning federal agents apprehended Selim Zherka without incident in Westchester County, New York. Zherka is charged with falsifying information on commercial loan applications submitted to North Fork Bank—later purchased by TARP recipient Capital One—to obtain more than $36.5 million in loans from the bank.”

According to the Indictment, from November 2005 through 2008, ZHERKA obtained a total of over $146 million in loans from three banks—North Fork Bank (now Capital One), Sovereign Bank (now Santander), and Signature Bank—for the purchase and/or refinancing of apartment house complexes in New England, Tennessee, New Jersey, and New York by lying about the purchase prices of the real estate he was acquiring, the amount of the down payments he was making toward the purchases in question, his assets, his income, his tax returns, and the nature and circumstances of a 2000 court judgment against him for assault and breach of contract (which, to date, he has not paid).

Additionally, the Indictment charges ZHERKA with engaging in a decade-long tax fraud scheme. The Indictment alleges that ZHERKA repeatedly submitted fraudulent tax returns to the IRS that overstated depreciation expenses and understated his capital gains on tax returns for the real estate holding companies in which he was a partner and which, in turn, owned the above apartment house complexes, thereby reducing their tax liabilities. The Indictment also charges that ZHERKA obstructed the Internal Revenue Service by, among other means, failing to file personal tax returns for over a decade.

The Indictment also charges that ZHERKA schemed to defraud the judgment creditor in connection with the above-referenced 2000 case of that individual’s right to receive payment of the judgment. ZHERKA had been found liable by a New York State Supreme Court jury in Manhattan for assaulting that individual and for breaching a contract with him.

Finally, the Indictment charges ZHERKA with tampering with witnesses in this investigation.

* * *

If convicted on the charges in the Indictment, ZHERKA faces the following maximum penalties: for each of the 11 counts of submitting a false loan application with which he is charged, 30 years in prison and a $1 million fine or twice the gross gain or loss resulting from the crime; for the count of wire fraud and the count of witness tampering, 20 years in prison and a $250,000 fine or twice the gross gain or loss resulting from the crime on each count; for the count of conspiracy to obstruct the IRS and violate tax laws, five years in prison and a $250,000 fine or twice the gain or loss resulting from the crime; and for each of the 10 counts of making/subscribing to false returns, the 10 counts of aiding/assisting in the preparation of false tax returns, and the count of attempting to interfere with the administration Internal Revenue laws, three years in prison and a $250,000 fine or twice the gross gain or loss resulting from the crime.

Additionally, he faces potential criminal forfeitures totaling $146 million, restitution, and the costs of prosecution. The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant and any forfeiture would be determined by the Court.

Mr. Bharara praised the work of the IRS, the FBI, and the Special Inspector General for the Troubled Asset Relief Program in this investigation.

This case is being handled out of the White Plains Division. Assistant United States Attorneys Elliott B. Jacobson and Perry A. Carbone are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

WPCNR has learned that Hezi Aris who edits the weekly Westchester Guardian has resigned as editor. Mr. Aris could not confirm whether the paper would continue to publish or not.

FASNY ACCUSES WP BOARD OF EDUCATION OF A “LACK OF SUBSTANTIVE ANALYSIS CONJECTURE RATHER THAN FACTS” IN REJECTING NORTH STREET ENTRY TO FASNY PROPOSED CAMPUS

Posted on September 17, 2014 by John Bailey

WPCNR SOUTH END TIMES. Special to The CitizeNetReporter. Statement from The French American School of New York. (Unedited) September 17, 2014:

The French-American School of New York (FASNY) today questioned why the White Plains Board of Education waited three years to express any opposition to the plan for FASNY’s school at the former Ridgeway Country Club.

FASNY said the Board’s letter sent yesterday to the White Plains Common Council stating that it is opposed to the North Street access driveway to the school showed a lack of substantive analysis of FASNY’s driveway and student busing plans and appeared based on conjecture rather than facts.

FASNY pointed out that over the last three years, during which its plan has been the subject of extensive public discussion and multiple public hearings, the Board of Education offered virtually no criticism of the plan and did not participate in the process. In fact, the Board offered no comments on traffic or any other issue during the entire three-year State Environmental Quality Review Act (SEQRA) proceeding conducted by the Common Council. Last December the Common Council adopted the Environmental Findings Statement including the North Street driveway access.

FASNY said the only objection raised by the Board was to oppose a slight realignment of the White Plains High School’s North Street entrance. That issue, however, was rendered moot when FASNY acquired a property opposite the High School driveway eliminating the need to adjust the school entrance.

FASNY said that it appears that on August 25 the Board appointed a committee comprised of school district officials and board members to study the access driveway issue.

FASNY stated that to its knowledge, no outside professional consultants were hired to analyze the FASNY’s access driveway and there was no effort made on the part of the Board or the District administration to reach out to FASNY with regard to the plan.

FASNY said that throughout the lengthy review process it had made every effort to be fully cooperative and transparent with the Board.

It met and communicated with representatives of the School District on multiple occasions made a full presentation to the Board on September 23, 2013, at which the traffic plan was discussed. Meetings were held with the School District staff this year regarding the closing of a small portion of Hathaway Lane and the planned entrance driveway.

FASNY added that the Board of Education’s letter to the City also demonstrates a complete lack of understanding of the busing plan that is an integral part of the overall traffic mitigation plan for the school.

Board of Education Writes Mayor and Common Council it Opposes FASNY Ridgeway Campus Proposal

Posted on September 16, 2014 by John Bailey

WPCNR SOUTH END TIMES. September 16, 2014 UPDATED 9:55 P.M. E.D.T. UPDATED 10:15 p.m. E.D.T.CORRECTION, SEPTEMBER 17,2014:

All seven members of the Board of Education reached a consensus but did not hold a vote Monday night, in agreeing to send a letter to Mayor Tom Roach and the White Plains Common Council Tuesday morning, declaring the School Board opposition to the French American School of New York proposal to build a 5 building school campus on the former grounds of the Ridgeway Country Club with an entrance on North Street opposite the entrance to White Plains High School. The policy was announced in a letter dated Monday.

They write:

“…it is the unamimous opinion of the White Plains Board of Education that 1.) the increased traffic resulting from the location of the main entrance to the proposed consolidated French American School on either North Street or Bryant Avenue would have a profoundly negative and disruptive effect on the operations of White Plains High School and the safety and welfare of our students, their families and our staff and 2., the traffic mitigation proposals submitted by FASNY not only fail to remedy the flaws identified in their originally submitted plans, but certain suggested mitigation efforts potentially create much larger, more untenable problems for the White Plains schools.”

The conclusions of the letter were reached after a review of the FASNY site plan by a committee composed of Superintendent of Schools Timothy Connors, Assistant Superintendent for Business Fred Seiler; Ellen Doherty, the Principal of White Plains High School ; the Director of Facilities, Frank Stefanelli; Diane Markert, the Director of Transportation and the members of the Board of Education.

Michele Schoenfeld, Clerk to the Board of Education, asked why the item was not published on the agenda, told WPCNR the letter was discussed and approved with all 7 members agreeing to send the letter Monday night at the Board of Education. Discussion of the letter, she wold WPCNR, was originally not included on the published agenda to the public because the Board did not know if the letter was going to be “ready on time” to be discussed.

Schoenfeld reported the letter was delivered to the Mayor and the Common Council Tuesday morning.

John Sheehan, President of the Gedney Association issued this statement to the membership:

This letter from those charged with the safety of our school children is an extraordinarily significant development and corresponds to the serious concerns raised by residents from all over the City regarding the feasibility of locating such a facility on the former Ridgeway Country Club property.

Please join us in thanking the Board of Education in undertaking such a thoughtful review of the FASNY proposal.

The Gedney Association would again like to thank the hundreds of residents who attended the Public Hearings last week and those who spoke so eloquently and factually on the FASNY proposal. We are certain the Common Council heard the overwhelming opinion of the residents.

Lastly, for those who have not seen the excellent video on Gedney Farms prepared by Anne Casey of Hathaway Lane please see the link. It truly provides a wonderful sense of the unique attributes of Gedney Farms.

The Development of the North Street alternatives was quietly developed in June of 2013 :

The Board of Education first learned of North Street alternatives in June, 2013, as WPCNR reported in its daily report of September 17, 2013, while the FEIS with the North Street proposal was being presented. You can read the entire article at

FASNY Planners Met With School Officials in June to show Roundabout North Street Entrance Possibility.

The key portion of that article revealed that School District personnel had attended those meetings and learned that a North Street entrance was the strategy being looked at seriously by city planners and staffers and FASNY whoever they were, for mitigating the Ridgeway traffic situation that had been one of the main complaints from the Gedney Association about the project. The key narrative in that September 17, 2013 WPCNR article says:

“Contrary to protestations of school board members they knew nothing of the proposed entrance alternative offerred last night in the approved Final Environmental Impact Statement, WPCNR has learned representatives from the French American School of New York met with Assistant Superintendent for Business of the School District, Fred Seiler and Facilities and Operations Manager Frank Stefanelli in June of this year (June, 2013).

Fred Seiler told WPCNR Tuesday afternoon that the group from FASNY included the head master of the French American School, a representative from the FASNY project architectural firm, a member of the FASNY Board and two others. Seiler said they presented about four designs, one of which included the proposed traffic circle/roundabout entrance featured in the Final Environmental Impact Statement approved as complete and accurate by the Common Council by a vote of 5-2 Monday evening.

Previously this week (September, 2013) a member of the school board Peter Bassano told WPCNR, the board had not known of the proposed entrance until the beginning of September and said the Interim Superintendent, Timothy Connors had not known either.

Seiler said that the FASNY contingent did show him and Stefanelli ithe design for the roundabout/traffic circle to Seiler and Mr. Stefanelli. Asked if the two had any reaction, Seiler said “Frank felt the roundabout would be difficult for pedestrians to cross.”

Asked if Seiler had told the Board of Education about the presentation, he said he had told the superintendent, Christopher Clouet at the time, and Seiler said the Board of Education did not feel it was an issue that concerned them at the time, and that it could be taken up when and if it was an actual proposal. Seiler did not say he and Stefanelli had endorsed any of the plans shown.”

In noting tonight again what Seiler and Stefanelli said in speaking about those June 2013 discussions, it appears the two did not rule out a North Street entrance in any way, nor did the two endorse entry to the FASNY campus from North Street. The key words that Seiler conveyed to this reporter last year at this time was that the Board of Education did not feel it was an issue that conerned them at the time, and that it could be taken up when and if it was an actual proposal

Photograph of the Day: Future 2030 US OPEN CHAMPION in the Making.

Posted on September 15, 2014 by John Bailey

: Two of the youngest participants in the Tennis Innovators Academy Clinic Sunday on White Plains Gille Courts feature the 2030 U S Open champion showing a formidable overhand smash! See story on the clinic below.

Autumn in New York: Cider Mills, Farms, Celebrate the waning sun of Summer.

Posted on September 13, 2014 by John Bailey

Apples ripening in fields of Wilkens Fruit Farm (a working farm since 1917) last weekend. The farm and its store and bake shop below gives the family a feel for what a working farm is like. It sells pies, cups of the first cider of the season and donuts, jams cookies. You can find out how to get there by going to www.wilkensfarm.com

2013922bramsonad 006 Thompson’s Cider Mill, a tradition in Westchester County opens Saturday, 10 A.M. to 5 P.M. proimising the first cider of the season, brewed up by the master ciderer, Geof Thompson. for information go to www.thompsonscidermill.com