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.

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WPCNR SOUTHEND TIMES. Special to WPCNR from the Council of Neighborhood Associations. June 25, 2014: 

The President of the White Plains Common Council, Councilman John Martin has responded to a letter from the White Plains Council of Neighborhood Associations from CNA Co-Presidents, Howard Waldman and Ken Kristal, asking the July 7 scheduled opening of the public hearing on the newly submitted site plan for the French American School of New York planned campus for the former Ridgeway Country Club be postponed.

Martin has written the hearing is on, and that the French American School of New York is entitled to be treated like any other landowner in the city . Martin also noted in the letter to Mr. Waldman and Mr. Krystal that residents would have “months” to make comments as the public hearing continue or in writing. For himself, Martin said he would weigh all the facts before he would cast his vote.

The letter the Co-Presidents have sent out to neighborhood associations reads:

Mr. Waldman told WPCNR Mayor Thomas Roach did not reply to the association request for postponement.

Dear WPCNA Members,

The attached letter ( please read ) was sent to the Mayor and Common Council. To date, we have not heard back from the Mayor. The President of the Common Council wrote back, denying our request. He stated that the July 7 date was still on, and that, there would be ample time in the coming months for citizen input. He encouraged further citizen input in writing and at hearings.

Please note that WPCNA does not hold regular meetings in July or August. We resume our meetings at Education House, 5 Homeside Lane in September.

Have a wonderful summer from all of us on the Board.

Howard Waldman
Ken Kristal
Co-Presidents, WPCNA

(The original CNA Letter sent to Mayor Roach and the Common Council, requesting postponement:)

White Plains Council of Neighborhood Associations (WPCNA)

June 16, 2014

Dear Mayor and Common Council Members,

The White Plains Council of Neighborhood Associations has been informed that the White Plains Common Council has scheduled for its regular session on July 7, 2014, the first night of public hearings for three components of the French American School of New York’s (FASNY) application to construct a campus on the former Ridgeway Country Club property.  The components include de-mapping of a portion of Hathaway Lane, a Special Permit for use of the property as a school, and a request for Site Plan approval.

Monday, July 7, is a day following the July 4^th three-day holiday weekend and the start of the summer vacation period for many White Plains residents.  In light of that fact, at the June 10^th Meeting, the WPCNA Board and neighborhood reps voted unanimously to request that the initial public hearing on these matters be postponed to September.  As you know, the FASNY proposal has generated significant local interest, and in the spirit of open government, we respectfully urge you to reschedule the initial hearing, so that all interested citizens will have the opportunity to attend and comment.

Sincerely Yours,

Howard Waldman

Ken Kristal

Co-Presidents, WPCNA

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WPCNR HEALTH WATCH. From the Westchester County Department of Health. June 23, 2014:

To mark National HIV Testing Day, the Westchester County Health Department and its Project WAVE (War Against the Virus Escalating) partners will offer free rapid HIV tests at the following locations on Friday, June 27:

Westchester County Health Department:

Yonkers District Office

20 S. Broadway, 2^nd Floor

8 a.m. to 3 p.m.

Phone: 231-2500

Family Services of Westchester & Westchester Medical Center

Corner of Gramatan & Lincoln Ave, Mount Vernon

9 a.m. to 3 p.m.

Phone: 493-1172

Open Door Family Medical Center

165 Main Street, Ossining

9 a.m. to 4 p.m.

Phone: 502-1479

Port Chester Open Door Medical Center

5 Grace Church Street, Port Chester

9 a.m. to 4 p.m.

Phone: 406-8207

“An estimated 1.2 million Americans are living with HIV, and yet one out of five doesn’t know it,” said health commissioner Dr. Sherlita Amler. “To find out your status, there are plenty of places in Westchester that offer free testing on a regular basis, like our health department clinics. The test is quick, simple and readily available, so there’s no excuse not to get one.”

The Westchester County Department of Health provides free, confidential rapid HIV tests routinely at its HIV and STD clinics. For more information, go to www.westchestergov.com/health and click on the clinic schedules link on the left.

WAVE works with more than 230 member agencies throughout the state to promote HIV counseling, testing and referrals.

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WPCNR SOUTHEND TIMES. News Release from the Gedney Association. June 21, 2014:

Eight Neighborhood Associations in the vicinity of the proposed French American School of New York’s (FASNY) regional school complex have sent an urgent letter to Mayor Thomas Roach and members of the White Plains Common Council requesting  postponement of the initial Public Hearing tentatively scheduled for July 7, 2014.

Speaking of the July 7^th date John Sheehan, Vice President of the Gedney Association said “We were shocked that the Mayor and Common Council would even consider a summer date for these important hearings.  July 7^th is the first day after the three July 4^th weekend. 

“Could the City have scheduled a worse date for public participation?  This first Public Hearing is very important.  It’s when the City plans to articulate its argument for closure of a portion of Hathaway Lane as well as FASNY will discuss their application for a Special Permit for the project. 

“It also seems strange that the City is putting forth a de-mapping and closure of a public street before the Council has even considered the granting of a Special Permit. Why is the Mayor rushing the process concerning an enormous school complex in the summer when so many residents are away?”  

In the letter to the Mayor and Common Council the eight neighborhood associations have also requested that another venue be selected for these important hearings.

Mr. Sheehan stated “The FASNY application has generated substantial opposition by residents and in the interest of open government everyone should have a right to be in the same room.  During the last hearings residents were turned away from the Common Council meeting room to the City Hall lobby to watch the proceedings on TV.  In the past, major projects that have generated this type of interest were relocated to the White Plains High School.”

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WPCNR WHITE PLAINS LAW JOURNAL. From the Gedney Association. June 19.2014:

The Gedney Association amplified its public statement by its President Terrence Guerriere Thursday, claiming for the first time the city administration exerted its influence on the Common Council on the implications of its Findings Statement on the Environmental Review of the French American School of New York plan to consolidate their three schools on the former Ridgeway Country Club.

The release alleges:  “The City admitted that they tried to circumvent the Open Meetings Law by having Council members meet with the City’s attorney behind closed doors to discuss the FASNY Environmental Finding and as a result the Court required the City to answer those secrecy claims asserted by the Gedney Association”

The complete statement reads:

The Gedney Association announced it was pleased the Supreme Court Decision of June 16, 2014 did not dismiss the Gedney Association Lawsuit—–contrary to the statements of FASNY. 

This Decision permits litigation against the City of White Plains to continue. The lawsuit stated various claims regarding the City’s review of the French American School of New York’s (FASNY) application to build a large regional school complex in the middle of the low-density Gedney Farms residential neighborhood. 

The Gedney Association asserted that the City violated requirements of the State Environmental Review Act (SEQRA) as well as the Open Meetings Law (OML) and other City rules and procedures in its review of the FASNY application. Speaking of the Supreme Court’s Decision Terence Guerriere, President of the Association noted

“We are pleased that the Court did not dismiss on the merits any of our claims regarding the ‘Environmental Findings’ of the Common Council, but only found that some were not ‘ripe’ for determination at this time—but these same claims will be ripe for determination when the Special Permit and Site Plan are decided.” 

President Guerriere also remarked that the Court rejected FASNY’s and the City’s assertion that the Gedney Association and Members did not have “standing” to sue.  Significantly, the Court did not dismiss the Open Meetings Law claim against the Common Council.

Gedney Association Attorney Dennis Lynch, of FEERICK LYNCH MACARTNEY, remarked “The City admitted that they tried to circumvent the Open Meetings Law by having Council members meet with the City’s attorney behind closed doors to discuss the FASNY Environmental Finding and as a result the Court required the City to answer those secrecy claims asserted by the Gedney Association”.

President. Guerriere remained confident all claims will be later decided in the residents’ favor noting, “The City’s violations of law made the environmental review process so defective that the Gedney Association and others were compelled to file this lawsuit”.  

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey  June 17, 2014 UPDATED 11:10 P.M.:

On Monday, the New York State Supreme Court dismissed all but one complaint filed by the Gedney Association aimed at blocking FASNY’s proposed school project

Upon careful reading of the Judge’s papers this evening by WPCNR , Judge Joan Lefkowitz denied the City of White Plains motion to dismiss the Seventh Claim that accuses the Common Council of violating Public Officers Law.

This last surviving claim asks for an order enforcing the Open Meetings Law and a judgment declaring void the actions taken by the Common Council when they issed the Findings State.

The Judge’s decision  allows 30 days for the Gedney Association to resubmit their framing of this argument naming FASNY and allowing the Gedney Association to expand its argument on this Seventh remaining claim.  

Judge Lefkowitz writes, noting case law involving the Public Officers Law  allows that “the pleading is to be afforded a liberal construction. The facts are presumed to be true, the plaintiff is afforded the benefit of every favorable inference and the court is to determine only whether the facts as alleged fit within any cognizable theory.”

And, again, Judge Lefkowitz notes, citing another case law, that the court, “should not consider documents submitted by respondents in support of dismissal.”

According to the press release from the French American School of New York issued Tuesday afternoon, this lone remaining claim was “sparse and weak.”

In her June 16, 2014 New York State Supreme Court decision, the Hon. Joan B. Lefkowitz dismissed a number of claims challenging the City of White Plains Common Council’s environmental findings on the grounds that they were “nonjusticiable” and not appropriate for adjudication. There was one surviving claim  (the 7th)  that the court labeled as “sparse and weak.”

“This is a very important victory for the French-American School and the City of White Plains,” said Mischa Zabotin, Chairman of the Board of Trustees of FASNY.

Terence Guerriere, President of the Gedney Association gave WPCNR this statement Tuesday evening on Judge Lefkowitz’s ruling:

“We have made significant improvements to our plan including a number of measures that will reduce the impact on traffic in the neighborhood by 50%, a reduction in total enrollment and increased buffers and landscaping around the campus. These improvements were the result of many months of technical study and are consistent with the SEQRA Findings that were supported by a 6-1 vote of the Common Council in December 2013.  We are pleased with the State Supreme Court’s decision and are ready to move forward.”

The lawsuit, filed earlier this year by members of the Gedney Association, claimed the White Plains Common Council did not properly review the environmental impacts of the school’s plan and that its positive findings in favor of the project violated the State Environmental Quality Review Act, or SEQRA.

“We are pleased the court ruled in our favor as there was never any legal grounds for these baseless claims,” said FASNY Attorney Michael Zarin. “The suit filed by the Gedney Association was baseless and a waste of everyone’s time, money and valuable resources, especially the taxpayers of White Plains.”