School District Brings Timothy Connors Back Early to Consult on Fall Programs.

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WPCNR SCHOOL DAYS. From the City School District. April 5, 2013:


In an agenda released at 5:30 Friday afternoon, the School District made public it’s plan to rehire former Superintendent of Schools Timothy Connors early, effective April 13 as a consultant from now until July 1 when Mr. Connors will become Interim Superintendent for the district, and officialize Mr. Connors’ appointment as Interim Superintendent of Schools July 1.


Michele Schoenfeld, Clerk to the Board of Education told WPCNR that Mr. Connors is expected to sign a consulting contract Monday evening at the Annual Scholarship Athlete recognition meeting at the high school. She told WPCNR she does not have a signed contract yet and did not have the financial arrangement to report at this time.


 Asked if Dr Christopher Clouet would still be making decisions as present Superintendent of Schools, Schoenfeld said Clouet would still be handling Superintendent duties, and Mr. Connors would be “consulting” on matters as part of the ongoing program beginning in July when Dr. Clouet is no longer here. Asked if this meant changes in certain policies scheduled for the fall such as the reorganization of the Middle School, Schoenfeld said I needed to talk to a member of the School Board.


Also on the agenda is approval of the Proposed Superintendent’s budget. Asked if this included a decision by the Board to raise the budget to $193.4 Million, with no increase in the property tax rate, Schoenfeld said she had not looked at it yet.

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Appeals Court to County: Landlords Can’t Reject Sec. 8-ers on Income Source

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WPCNR WHITE PLAINS LAW JOURNAL. April 5, 2013:


The Second Circuit Court of Appeals today upheld a ruling by the U. S. District Court that landlords may not consider source of income as a means test to reject Section 8 tenants in county-created affordable housing units in compliance with the Department of Housing and Urban Development housing settlement.


County Executive Robert P. Astorino had this reaction to the ruling :


Obviously, I am disappointed with the ruling by the Second Circuit of Appeals, and as with every action I have taken with respect to the 2009 federal housing settlement entered into by my predecessor Andrew Spano, I will comply with the law and continue to take principled stands on behalf of the people of Westchester


My objection to source of income legislation has never been about the Section 8 program, which provides vouchers to supplement the rent of low-income residents. My objection has been turning this worthwhile voluntary program into a mandatory one that would compel every owner of a house or apartment to do business with the federal government – and take on all the rules and regulations that entails – upon a tenant’s presentation of a Section 8 voucher. I also felt that the source of income legislation would be detrimental to the housing settlement because it would act as a disincentive for developers to build affordable housing.



The county is already in compliance with the ruling because the Second Circuit in taking on the appeal never granted the county a “stay” from the lower court ruling, which it has now affirmed. As part of that compliance with the lower court order of Judge Denise Cote, I asked the county Board of Legislators back on August 31, 2012 to reintroduce the source of income legislation that had previously been before it. The matter is now in the hands of the Board of Legislators.


Westchester County Board of Legislators Chairman Ken Jenkins (D-Yonkers) released the following statement today in regard to the U.S. Court of Appeals decision to uphold the judgment by the U.S. District Court that the County was in violation of its duty to promote Source of Income legislation as part of its fair and affordable housing settlement with the U.S. Department of Housing and Urban Development:



“All along, the Board of Legislators has been urging County Executive Astorino to comply with the law and follow all of the stipulations of the housing settlement, as he promised to do when he first took office. Today’s Court of Appeal’s decision, which centers on the County Executive’s stubborn refusal to promote Source of Income legislation, puts the County at significant financial risk, through its non-compliance, and threatens to upend the settlement.



“The Board of Legislators remains committed to working with the Astorino Administration to further fair and affordable housing in Westchester and fulfill all of the requirements of the housing settlement.



“The time to act is now, though.



“The County Board voted to direct the County Executive to submit his version of Source of Income legislation. Today’s decision should provide the necessary impetus for County Executive Astorino to introduce new Source of Income legislation for the Board’s consideration and resolve this major issue, before Westchester suffers further consequences from the County Executive’s non-compliance with the law.”

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Sustainable Playland Not Sustainable Yet, Say Democrat Legislators.

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WPCNR COUNTY CLARION-LEDGER. From the Press Secretary of the Westchester County Board of Legislators. April 4, 2013:


Reaction to the Sustainable Playland-Westchester County proposed final agreement announced today by the County Executive Robert P. Astorino has just been released in this statement:


Several members of the Democratic caucus of the Westchester County Board of Legislators (BOL) stated today that they are not ready to support County Executive Rob Astorino’s proposed asset management agreement with Sustainable Playland, Inc. (SPI) to run Playland, the County’s 280-acre amusement park and recreational facility.


They cite  reasons they are opposed:





“At this point, I’m not at all convinced that Sustainable’s weak financial proposal and its plan to tear down a large part of Playland are in the best interests of County residents and taxpayers,” said Legislator Bill Ryan (D-White Plains). “I’m disappointed the County Executive is determined to force through this very questionable arrangement. No one should kid themselves: What the County Executive wants will be the beginning of the end to our historic Playland Amusement Park as we have known and enjoyed it over the years.”


“The Astorino Administration said its goal was to stop losing money at Playland, but Sustainable is not the way,” said BOL Majority Leader Pete Harckham (D-Katonah). “From what we have seen and heard during numerous committee meetings held on the subject, Sustainable is the least competitive financially. But most importantly, this agreement essentially privatizes County parkland, and so residents will be charged to use ball fields. If ball fields are the goal, our parks department has built ball fields all over the county. We should not be privatizing this process and allow a private company to charge residents to use public parkland.”



“I’ll support new and innovative ideas to Playland, but I’m worried that Sustainable Playland will not adequately protect Westchester taxpayers,” said Legislator Catherine Borgia. “Sustainable’s proposed plan has the riskiest financial and marketing plan of the four we have examined, and its potential for failure cannot be overlooked, especially since it has the least amount of secure financial backing.”



“The deal with Sustainable is a bad one for a simple reason: It will destroy Playland rather than enhance it,” said Legislator Alfreda Williams (D-Greenburgh). “I’m not opposed to an outside group investing in and running Playland. But I cannot support any proposed agreement that throws away decades of taxpayer dollars as it tears down County assets, removes rides and replaces parking spaces with ball fields. This won’t improve the quality of life here in Westchester at all. In addition, this group cannot substantiate whether it can maintain any management agreement they sign.”



“It is obvious that Sustainable Playland is more interested in turning this historic, fun amusement park for kids and families into an exclusive club for the well-connected,” said BOL Vice Chair Lyndon Williams (D-Mount Vernon). “Also, the fact that this proposed agreement will eliminate more than half the rides means that hundreds of summer jobs for county youth will be lost as well. I cannot support this, especially at a time when youth unemployment is reaching dire levels.”



“To do what is right for Westchester at Playland, we must, first, make sure the park is on solid financial footing, both operationally and in terms of capital investment; and two, maintain it as a destination that everyone in Westchester County can visit and enjoy,” said Legislator MaryJane Shimsky (D-Hastings-on-Hudson).


 “I have grave doubts about Sustainable Playland’s ability to guarantee either. Their proposal is financially risky, and instead of signing this management agreement, the County Executive should begin serious negotiations with one of the other Playland finalists, all of whom have experience in running amusement parks and cash on hand for massive investments in the park’s future.”



“The best course of action is to ensure that a complete solution at Playland is developed,” said BOL Chairman Ken Jenkins (D-Yonkers). “Right now, the proposed agreement with Sustainable is premature.”


The release outlined where the Board stands on approval now:


First, the BOL Democratic caucus has yet to receive a copy of the asset management agreement from the Astorino Administration, even though the document delineates the “role” of the BOL in the approval process necessary to reshape Playland. As a result, the caucus members refrained from commenting directly on the details of the agreement.



What troubles the Democratic BOL caucus, according to the news release however, is that the legal issues regarding whether an “asset management agreement” between Sustainable Playland and County Executive Astorino is valid under the County Charter. An upcoming meeting of the BOL’s Committee of the Whole will continue to address this.



In the meantime, the BOL is still in the midst of its due diligence of the four top proposals. Legislator Catherine Borgia (D-Ossining), chair of the BOL Government Operations Committee, has been holding a series of meetings regarding the different merits and problems associated with the top four proposals made to “reinvent” Playland. Also, an audit of the four proposals is soon forthcoming.


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The Nuts and Bolts of How Sustainable Playland Will Run Playland

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WPCNR County Clarion-Ledger. From the Westchester County Department of Communications. April 4, 2013:


 


Under the agreement announced today at a noon press conference held by Westchester County Executive Robert Astorino, Sustainable Playland will be responsible for the operation and maintenance of both the amusement area and the surrounding 100 acres of parkland.


 


Proceeds to pay the county, maintain the grounds and make improvements will come from equity investments from the operators, fees SPI charges its operators, revenues generated by the attractions run by the operators, and other revenue such as parking and sponsorships.


 


 The park will be open year round with no admission fee and access to Edith Read Wildlife Sanctuary, the Boardwalk and the Pier will also remain free. Access to the beach is open to all, subject to fees (similar to those that already exist).


 





“The SPI plan is designed to preserve, restore and enhance the historic character and qualities of Playland, including the historic amusement rides, the classic buildings and the landscape,” said Kim Morque, new president of SPI. “Our vision is to have a beautiful park that capitalizes on its unique waterfront location and offers year-round activities and entertainment to attract individuals and families from across Westchester and the region. Our public-private partnership model is being used successfully nationwide and provides the opportunity for a long-term approach to assuring Playland’ s viability for generations to come.”


 



Playland is scheduled to open for the season on Saturday, May 11. For the 2013 season, it will be run, as in the past, by the county’s Department of Parks, Recreation and Conservation, subsidized with county funds.


 


For the future, plans call for six zones to operate within the park:


 


· Amusement Zone: Playland’s historic rides will remain, including the Dragon Coaster and the Derby Racer, as well as Kiddyland and arcade games. Some existing rides will be removed while new rides will be added as part of an ongoing program to upgrade the amusement area.


· Aqua/Beach Zone: Playland’s beach and pool area will feature more amenities, including chair and sun umbrella rentals, cafés and activities such as water slides and floats.


· Field Zone: There will be a field house for indoor sports, plus outdoor athletic fields for soccer, lacrosse and other sports.


· Fountain Plaza Zone: This area will feature year-round restaurants, cafes, outdoor dining, special events as well as the Ice Casino.


· Great Lawn Zone: This area will feature the Central Promenade, which will remain open to the public year round, as well a picnic shelters, seasonal music and dance performances, a variety of special programming and the historic Grand Carousel.


· Common Area Zone: This encompasses “everything else” within the park’s footprint, such as parking lots and the lake, shore and beach leading to the Edith Read Wildlife Sanctuary.


 



With the asset management agreement complete, it now goes to the county’s Board of Acquisition & Contract for approval, which is expected later this month. Today marks another significant step forward in a process that began in 2010 when Astorino moved to ensure the future viability of the park, whose attendance figures have dropped from over 1 million in 2005 to 430,000 in 2012 and whose losses have been costing county taxpayers $3 million to $5 million annually in recent years. (Editor’s note: fees were raised substantially by county,


 


In 2011, 12 companies responded to a county request for proposals (RFP) to “reinvent” the park. These proposals were carefully reviewed by the county and a 19-member Citizens Advisory Committee. 


 


The Committee included three members of the Board of Legislators, two Democrats and one Republican. Sustainable was chosen last October because it had the best vision – financially and operationally – as well as far-reaching experience and strong local ties. Since then lawyers for the county and SPI have been working out the details of the asset management agreement.


 



Highlights include:


· SPI will pay the county a base fee that could eventually total $4 million, provided all zones become operational as planned. SPI will also make annual payments to the county based on the park’s net operating revenue. SPI estimates this to be about $1.2 million per year once the park is fully developed. All of the SPI payments will go toward retiring the county’s existing debt for Playland of approximately $35 million.


 


· SPI will amend its bylaws to include on its Board of Directors a representative of the County Executive and a representative of the Board of Legislators, as well as a resident of the City of Rye. The county Parks Commissioner will also sit on SPI’s board.


 


· SPI must develop an “improvement plan,” which outlines the material changes it plans to make to the park as the new operator. The County Executive and the Board of Legislators must both approve the improvement plan before the changes go into effect.


 


· The agreement between the county and SPI is for 10 years and can be renewed for an additional 10 years with the approval of both parties. In addition, the agreement recognizes that SPI may enter into subagreements of up to 20 years with its vendors, subject to the approval of the county’s Board of Acquisition & Contract.


 


· The county may terminate the contract upon six months notice “for cause,” which would include breaches such as payment defaults.


 


· The contract contemplates that all the necessary approvals will be in place by Oct. 1, which is the scheduled commencement date of the agreement. However, if all approvals are not in place by Jan. 1, 2014, including those by the Board of Legislators for the improvement plan, SPI has the right to terminate the agreement.


 


“The contract was written to follow the county charter and respect the roles and responsibilities of both the executive and legislative branches,” Astorino said. “I welcome the Board’s due diligence, but it must be done in a timely fashion. We also need to respect our partners at SPI, who are putting themselves at financial risk by investing $34 million of their money to save Playland. Unnecessary delays will put the future of Playland in jeopardy.”


 






SPI is a not-for-profit holding company, which has assembled an experienced and highly regarded team of operators to run each zone. SPI’s not-for-profit status gives the company access to low-cost financing and means that money after expenses will be invested back into the park.


 


Overseeing the overall management of the park for SPI will be Biederman Redevelopment Ventures, headed by Dan Biederman, a Chappaqua resident whose experience includes co-founding and managing the Bryant Park Corporation, the 34th Street Partnership, and heading major efforts nationally to bring private resources and management techniques to work on public problems.


 



“The SPI plan will allow visitors to enjoy both amusement park rides and a passive park experience with beautiful views of Long Island Sound,” said Biederman. “We will bring private-sector techniques and diverse revenue streams to bear on the problems that have made Playland unaffordable for the county government.”


 



The operating team being assembled by SPI includes:


 


· Amusement and Aqua Beach Zones: Steve Turk and the Mega Funworks Team. Capital investment upwards of $7 million.


· Field Zone: John Abate and Eric DeGraw of Playland Sports Center LLC. Capital Investment $12.4 million.


· Fountain Plaza Zone: Shane Coppola of American Skating Entertainment Centers. Capital investment $600,000.


 



The county will ensure the park is in a condition that is satisfactory to SPI prior to the commencement date, when SPI will assume responsibility for management and operations of the park. Repairs to the boardwalk, Ice Casino and other parts of the park damaged by Superstorm Sandy are currently being made by the county as the owner of the property.


 



Timetable


 



Following is an approximate timetable of some of the key dates, which are generally dependent on earlier events happening on schedule:


 



April:


 


· Approval of the asset management agreement by Board of Acquisition & Contract is expected in mid-April.



 


May:


 


· Playland opens for the 2013 season on May 11, under county management.


· Within 30 days of the approval of the asset management agreement by the Board of Acquisition & Contract, SPI must submit a Playland Improvement Plan (PIP), consisting of the material changes the group proposes to make when the park comes under its management.


June:


· The County Executive’s office is expected to receive SPI’s improvement plan. Following the County Executive’s approval, the PIP will go to the Board of Legislators for its approval.


October:


· Commencement date – when SPI takes responsibility for operations – is scheduled in the contract for Oct. 1, 2013. This date may be extended based upon receipt of required approvals. However, if commencement is delayed beyond Jan. 1, 2014, because the BOL has failed to approve the Playland Improvement Plan by then, SPI has unilateral right to terminate agreement.

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Agreement on Playland Closer, Not Signed.Dotted I’s, Crossed T’s Contract Reache

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WPCNR COUNTY CLARION-LEDGER. From the Westchester County Department of Communications. April 4, 2013:


 


Contrary to previous reports, a contract between Westchester County and Sustainable Playland has not been signed.


 


The two entities have, though, reached a 10-year agreement with an option for an additional 10 years to run Playland beginning in October this year.


 


            Once signed and fully executed, the “Asset Management Agreement” will shift responsibility to SPI to operate, manage and maintain the county-owned park as of Oct. 1, 2013, assuming the new operator has obtained all of the approvals and permits that are required, including any needed from the county Board of Legislators. 


         


 




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Petitioners Against PlaylandTakeover Decry Loss of 14 Rides,Midway

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WPCNR PLAYLAND ROUNDUP News & Comment by John F. Bailey. APRIL 3, 2013 UPDATED 7:00 A.M. E.D.T. April 5, 2013:


Thursday, the County Executive’s major announcement about Sustainable Playland answered a lot of questions. But, not much has changed.


Late Wednesday afternoon a group opposed to the Sustainable Playland plan, change.org listed 14 well-known attractions plus the midway that Sustainable plans to eliminate from the park.


The Sustainable wrecking ball will eliminate the Log Flume, Flying Witch, Playland Plunge, Double Shot, Catch a Wave, Starship 2000, Thunderbolt, Wipeout, Go Carts, Family Flyer Roller Coaster, Auto Scooter Bumper Cars, and Sky Skater as well as Midway buildings dating from the 30s, which hold game concessions, the House of Mirrors and the Zombie Castle ride.


By WPCNR count this would leave the Dragon Coaster, Kiddieland, the Merry-go-Round, the Steeplechase, the Ferris wheel. Playland loses much (about half of the present amusements) of its charm and old-time feel for just another park.


One of the statements in the video is Sustainable Playland vision gives you more park, less paving. Exactly.


It also loses a great deal of parking capacity (about 50%). So, how are you going to sustain the clamor for beach and amusement on those 90 degree days when you cannot handle the parking? Remember parking was all the way outside of Playland and down Playland Parkway on those sweltering days two summers ago. The parking plan is actually seeing less people using the park, perhaps better “heeled” with fatter wallets. 


Another annoyance is the county high admission price which is anything but family friendly. Having just seen the latest Sustainable Playland video on their website, I wonder about statements that say this will bring the family back to the park. Well if it did not cost over $30 bucks plus parking per rider in the family, you might not have that problem. Secondly, the new mission is to make the park more usable all year round, replacing half the park with a field house and play fields. Plus, upscale concessions.


 “Message” statements appear in the video about making the park more attractive to Westchester residents for which it is intended.


To wit:


“I saw an opportunity that even back in the laste ’70s, Playland wasn’t what it originally was, certainly, and it wasn’t serving the recreational needs of Westchester County.”


“We looked at an expanded ice rink. We looked at bringing new food facilities with higher quality food facilities. We looked at bringing the idea of indoor and outdoor fields to Westchester County, which is in great need of those fields.We looked at the idea of amusements and where the amusement business is going and could an amusement park that was focused on family rides, as opposed to the big thrill rides thrive, and in all cases that the elements that were very thoughtfully put together really have demand in the market, we feel are both market-supportable and more importantly financially sustainable.”


“The (new) sources of revenue includes sponsorships, public event revenues involving private sector companies, concession revenues enhanced way beyond what the numbers were before.”


“We plan on investing several million dollars to bring this park back. The truth is, it actually includes eliminating a small portion (14 rides,Midway, funhouses)of some of the ride attractions.”


“It’s a fantastic business (Field House) if you find the right location. You really need the demand and it’s possibly one of the best areas in the country to build something (indoor fields)because there’s so much demand around here (for fields). (waving at parking lot),if we put it up right over there which is the plan, it won’t be much different for any of the (Rye) residents over there.So that’s kind of exciting too. It is an empty parking lot expecially at this time of year so it’s exciting to sort of have year-round use for this facility.”


“There are some folks talking about investing $13-14 Million in one element of this plan. The overall investment will be about 33-1/2 Million dollars. When people are willing to put up significant dollars that’s a real validation of the plan.”


“The input of the community is what is making this such a great place.”


“This is the kind of park that for decades,is going to be relevant to Westchester residents. But it’s also sustainable in a sense that it is going to be the right thing for the environment at this location.”


“What I think is important (about the plan)to recapture and preserve is the original elegance and original continuity the park originally had.”


“Sustainable Playland is poised to bring the families back to Rye Playland.”


“It’s time really for Playland to be rethought. It’s time for it to become a better neighbor. It’s time for it to be a better integration into the way the county needs to use this property for recreation.”


“We’ve established a broad base of support both at the bottom level with the rank and file people, the users, to the senior level with some of the people of heads of businesses, heads of government, and localities that we have here to be able to come together and set their differences aside and actually think about what is in the best interests of the people in the county of Westchester.”


This oblique attitude subtlely projected by these quotes has an uncomfortable feel to it to me.


You see this video first on the Sustainable Playland website, and it gives to me the feeling that somehow Playland is now attracting the wrong kind of crowds: perhaps too poor, not from Westchester, and perhaps not white enough, not rich enough. That the park is rundown.Its elegance has been lost.


Wait..and tearing down half the rides and midway is going to preserve that elegance?


It is not.


This is a myth that the park is rundown.


Despite the $30 and up per person to use the rides, the park still attracts families of all walks of life, creeds, and ethnic persuation. The crowds are very diverse. Playland despite the county absurdity of worrying about it losing $3 million a year, (which the county burns regularly at the blink of an eye)is a place so many people love.


They love it because it is safe. It is people-friendly (or used to be before the county started viewing it as suddenly not an asset). Everybody smiles all day at Playland unless it is raining. People black, white, tan, all get along.


Does snooty Westchester not like that?


When these rides go for good, and this whole Sustainable concept is created, (and it is not going to happen all at once–who wants to go to a perpetual construction site? Will they allow soccer games on the great lawn? Will they have an affordable ice casino?


Will admission to the park be reasonable? Will the restaurants be Tikki Bar and Seaside Johnny expensive, or Nathan’s Famous? That is the question.


This may be a sophisticated park when it finishes up, but Playland instead of the living, breathing human park of memories will become a curiosity with no soul.


Why kill the Midway? The clang of bells, the colorful stuffed animals to win, the politically incorrect shooting and hoop-tossing, win-a-bear-for-your-date galleries, that is history, excitement–that makes childrens’ eyes widen…the sights the sounds you never forget it or fail to enjoy it.


Kill the midway and you take the soundtrack out of Playland. Playland involves you. This outfit wants to turn it into a passive park that appeals to the sophisticated, the wealthy and the white, and make a lot of money doing it.


Robert Moses, to his everlasting credit, opened up beaches to the poor and introduced the concept that the masses needed recreation that was reasonable. Now, that idea is passe’.


Now parks have to be places where chablis and brie can be consumed in quiet out of a hamper without the cacophony of real life, real people.


I like what was done by the persons connected to the Highland who are in this group, but let’s face it — the High Line in Manhattan is passive. It is for strolling. Same with Central Park.


And the Zombie Castle, the Hall of Mirrors — they never fail to amuse your kids or your date. But, no they are unsophisticated the swells say. 


Financing behind Sustainable Playland has not been made public.  (In the news conference completed yesterday, investments by other Sustainable Playland partners were announced.) 


A call from WPCNR to Sustainable Playland spokesfirm, Thompson & Bender to ascertain how Sustainable Playland is doing raising the millions of dollars they promise to pay the county for their first year of their lease, was not responded to.


Sustainable Playland also has not commented at all or made any public effort to deal with the cleanup of Playland, due to open May 11. That is a blunder on their part from a public relations standpoint. Why do doublework? If the County is going to fix up the ice casino, why do it, if Sustainable Playland is going to redesign the interior. Sustainable Playland should ante up in this time of crisis, don’t you think? They should show us their “fund balance.”


Playland Boardwalk and fishing pier and ice casino appear to have been untouched by county worker hands since the big storm and look much the same as they did in November. Five and a half months of good work time have been wasted by county inability to get moving on the repairs due to bureaucratic bickering between the legislators and the County Executive. It seems to this reporter that the county is trying to kill this park for good.


A press release Wednesday afternoon from a group opposed to Sustainable Playland takeover of the park, which will essentially based on the amazing number of rides they are going to remove that have long been part of park lore, notes:


An internet petition against Westchester County’s chosen future operator of Playland Park, Sustainable Playland Incorporated (“SPI”) removing rides and reducing the size of the amusement park continues to grow and gain support. To date, the electronic petition, located at Change.org (http://www.change.org/petitions/save-playland-amusement-park) has received over 2000 signatures, at least 740 of which are from Westchester County residents.



Most of the remaining signatories are tri-state area inhabitants or people with local ties to Westchester that currently use the amusement park. Many comments by the signatories are left publically accessible on the petition website. Comments state that as users of the current amusement park, the signatories are not apt to travel to Playland to spend money at a reduced amusement park combined with more locally appealing amenities such as the ball fields and the great lawn proposed within SPI’s plan.



SPI, who announced further details of a contract with the Westchester County Executive to take over management of the park, seeks to remove 30% of the amusement rides and approximately 50% of the amusement park area to create passive parkland and green space. Based on the presentation of SPI’s plan (http://westchesterlegislators.com/pdf/PlaylandPresentationSustainable_Playland.pdf)




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FBI Charges State Senator, NY Councilman, Spring Valley Officials

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WPCNR FBI WIRE. From the Federal Bureau of Investigation. April 3, 2013:


Preet Bharara, United States Attorney for the Southern District of New York, and George Venizelos, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (FBI), announced Tuesday the unsealing of a complaint charging New York State Senator Malcolm Smith, New York City Council Member Daniel Halloran, and four others with bribery, extortion, and fraud charges.


The charges against the defendants arise from an undercover investigation of three distinct but related bribery schemes involving public corruption. In the first scheme, Smith allegedly arranged for cash bribes totaling $40,000 to be paid to Vincent Tabone and Joseph Savino, two New York City Republican county leaders, as part of an effort by Smith, who is a Democrat, to appear on the Republican primary ballot as a mayoral candidate in the 2013 election.


Halloran is alleged to have received approximately $20,500 in cash bribes to act as an intermediary with Tabone and Savino on Smith’s behalf. In the second scheme, Halloran allegedly received approximately $18,300 in cash bribes and $6,500 in straw donor campaign contribution checks in exchange for agreeing to steer up to $80,000 of New York City Council discretionary funding to a company he believed was controlled by those who paid him the bribes.


The final scheme involved Spring Valley Mayor  Noramie Jasmin and Joseph Desmaret, deputy mayor of the Village of Spring Valley in Rockland County, and their alleged receipt of financial benefits, including Jasmin’s receipt of a hidden interest in a real estate project and Desmaret’s receipt of approximately $10,500 in cash bribes, in exchange for official acts. All six defendants were arrested Tuesday morning and appeared Tuesday in White Plains federal court before U.S. Magistrate Judge Lisa Margaret Smith.



According to the allegations in the complaint unsealed  in White Plains federal court:


Scheme to Bribe New York City Republican Party Committee Leaders


Under New York State law, a person seeking to run for a citywide position in New York City may not have his or her name listed as a candidate on the ballot if he or she is not a registered member of the party having the primary contest unless he or she receives the approval of at least three of the five chairmen of the county committees for that party. The approval is given in the form of what are known as Wilson Pakula certificates, which are signed by the approving chairmen.


Smith, a Democrat, was first elected to the New York State Senate in March 2000 and represents the 14th Senatorial District in Queens, New York. He is chairman of the Independent Democratic Conference of the State Senate and, among other positions, has served as the State Senate’s minority and majority leader. Smith has spoken publicly about his desire to run for mayor of New York City in 2013.


Halloran, a Republican, was elected to the New York City Council in 2009 and represents the City Council’s 19th District in Queens, New York. Halloran ran unsuccessfully for the United States Congress in 2012. Tabone and Savino are New York City Republican Party officials. Savino is the chairman of the Bronx County Republican Party, and Tabone is the vice chairman of the Queens County Republican Party. Their duties include endorsing candidates for public office and voting on Wilson Pakula certificates.


In November 2012, Smith agreed with Halloran, an undercover FBI agent posing as a wealthy real estate developer (the UC), and a cooperating witness (CW) to bribe New York City Republican Party county leaders in exchange for their issuance of Wilson Pakula certificates that would enable Smith to run as a Republican candidate for New York City mayor in 2013. When asked by the UC what he wanted in exchange for his help securing the certificates, Halloran said that he wanted to get his “mortgage situation resolved,” and that if Smith was elected mayor, he would expect to be named deputy police vommissioner if he asked for the job. He also solicited and received from the UC and the CW approximately $20,500 in cash for himself.


In furtherance of the scheme, Halloran arranged for the UC and the CW to meet Tabone and Savino and negotiated the amounts of the cash bribes to be paid by the UC and the CW to Tabone and Savino on Smith’s behalf. Halloran told the UC and the CW that, “You gotta get [Savino] business but put 25 in an envelope….Tabone is 25 up front, 25 when the Wilson Pakula is delivered.” After his meeting with the UC and the CW, Savino accepted $15,000 in cash and agreed to accept another $15,000 after he formally approved Smith’s appearance on the 2013 Republican ballot for New York City mayor. After meeting with the UC and the CW, Tabone accepted $25,000 in cash and agreed to accept another $25,000 after his committee approved Smith’s appearance on the 2013 Republican ballot for New York City mayor.


In exchange for the payment of bribes to Tabone and Savino by the UC and CW, in his capacity as a New York State Senator, Smith agreed to help obtain $500,000 in New York State funds for road work that would benefit a real estate project in Spring Valley that Smith understood was being developed by a company controlled by the UC and CW (the company).


Bribery of Halloran to Steer City Council Discretionary Funding


Since August 2012 to the present, Halloran accepted approximately $18,300 in cash bribes and approximately $6,500 in straw donor campaign contribution checks from the UC and the CW in exchange for agreeing to steer up to $80,000 in New York City Council discretionary funding to the company.


For example, at a meeting on September 7, 2012, at which Halloran and the UC discussed Halloran’s need to raise money for his congressional campaign, Halloran agreed to hire someone of the CW’s choosing for a congressional staff or some equivalent position and to help him raise money for his campaign. During the discussion, Halloran said, “That’s politics, that’s politics, it’s all about how much. Not whether or will, it’s about how much, and that’s our politicians in New York, they’re all like that….And they get like that because of the drive that the money does for everything else. You can’t do anything without the f—ing money.” During the meeting, the CW paid Halloran $7,500. Near the end of the meeting, Halloran remarked, “Money is what greases the wheels—good, bad, or indifferent.”


In furtherance of this scheme, Halloran wrote two letters on New York City council letterhead about this funding, one to civic organizations and the other to the company. Despite suggesting in these letters that work would be done by the company to support the allotment of up to $80,000, Halloran agreed with the UC and the CW that the company would provide no services.


Bribery of the Spring Valley Mayor and Deputy Mayor


Noramie Jasmin and Joseph Desmaret were sworn in as mayor and deputy mayor of the Village of Spring Valley, New York, in December 2009. From September 2011 through the date of the complaint, Jasmin and Desmaret accepted financial benefits from the UC and the CW in exchange for official acts. Desmaret accepted approximately $10,500 worth of cash bribes from the UC and the CW in exchange for, among other things, his vote in favor of a sale of land owned by Spring Valley to the company a company he believed was controlled by the UC and that would be used to build a community center (the “real estate project”).


In exchange for her vote awarding the real estate project to the company, Jasmin demanded a partnership interest in the company, stating, “So for me, it’s better for us to partner, that’s what I said to you before; a partnership will be best.” When the CW later suggested that Jasmin have a 20 percent stake in the project, she replied, “Partnership is 50-50, right?”


In support of the scheme, Jasmin coached the UC on how to make his presentation to the Spring Valley Village Board of Trustees about why the board should award the real estate project to his company. She also coached two other individuals, whom she understood were associates of the UC and who would pose as competing developers, but who were actually undercover FBI agents, on how to make their presentation to the Village Board. In addition, both Jasmin and Desmaret agreed to steer to the UC’s company the New York State funding for road work that Smith agreed to help the CW and the UC obtain.


Manhattan U.S. Attorney Preet Bharara said,


“Today’s charges demonstrate, once again, that a show-me-the-money culture seems to pervade every level of New York government. The complaint describes an unappetizing smorgasbord of graft and greed involving six officials who together built a corridor of corruption stretching from Queens and the Bronx to Rockland County and all the way up to Albany itself. As alleged, Senator Malcolm Smith tried to bribe his way to a shot at Gracie Mansion-Smith drew up the game plan and Councilman Halloran essentially quarterbacked that drive by finding party chairmen who were wide open to receiving bribes. After the string of public corruption scandals that we have brought to light, many may rightly resign themselves to the sad truth that perhaps the most powerful special interest in politics is self-interest. We will continue pursuing and punishing every corrupt official we find, but the public corruption crisis in New York is more than a prosecutor’s problem.”


FBI Assistant Director in Charge George Venizelos said,


“Elected officials are called public servants because they are supposed to serve the people. Public service is not supposed to be a shortcut to self-enrichment. People in New York, in Spring Valley—in any city or town in this country—rightly expect their elected or appointed representatives to hold themselves to a higher standard. At the very least, public officials should obey the law. As alleged, these defendants did not obey the law; they broke the law and the public trust. There is a price to pay for that kind of betrayal.”


* * *


Charts containing the names, ages, residences, charges, and maximum penalties for the defendants are below.


Mr. Bharara praised the investigative work of the FBI. He also thanked the Rockland County District Attorney’s Office and the Spring Valley Police Department for their invaluable assistance to the investigation.


This case is being handled by the Office’s White Plains Division and Public Corruption Unit. Assistant U.S. Attorneys Douglas B. Bloom and Alvin Bragg are in charge of the prosecution.


The charges contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.


* * *
United States v. Malcolm A. Smith et al.































Defendant Residence Age
Malcolm Smith Queens, New York 56
Daniel Halloran Queens, New York 42
Vincent Tabone Queens, New York 46
Joseph Savino Rockland County, New York 45
Noramie Jasmin Spring Valley, New York 49
Joseph Desmaret Spring Valley, New York 55






































Count Charge Defendants Maximum Penalty
One Wire fraud and Travel Act bribery
conspiracy
Malcolm Smith, Daniel Halloran, Vincent Tabone, Joseph Savino Five years in prison
Two Wire fraud Malcolm Smith, Daniel Halloran, Vincent Tabone, Joseph Savino 20 years in prison
Three Hobbs Act Malcolm Smith 20 years in prison
Four Wire fraud Daniel Halloran 20 years in prison
Five Mail fraud Noramie Jasmin 20 years in prison
Six Mail fraud Joseph Desmaret 20 years in prison

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WP Budget Under Cuomo Cap. Raises Taxes 4.2% to Cover Soft Sales $$, Pension

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey.  April 1, 2013:


The city Budget Director, Michael Genito, delivered the proposed 2013-14 city budget to the Common Council this evening, calling for a 2% increase in the city property tax levy on an overall 3.1% increase in spending to $171.8 Million(up from  $166.7M last year).


To support the increase, the budget department recommends raising the city property tax rate to $192.22 per $1,000 of assessed valuation. This according to Budget Director, Michael Genito raises the city tax on the median assessed value home ($13,000) an additional $104.


Pension payments make up $1.9 Million of the $5.1 Million increase in the overall city budget, and sales tax, which the city estimates is down $350,000 (8%) at this time, make up most of the increase in the budget.  The city is budgeting less sales tax for 2013-14, $45.4M compared to $46.5 Million this   year, that was revised downward at the end of last quarter.


WPCNR estimates that the city, if they meet last year’s sales tax revenues in March, April, May and June, will collect $49 Million in sales tax revenues, down from approximately $51 Million from total sales taxes last year. Approximately $5 Million of that $51 Million was by law placed in the tax stabilization fund created to replace city fund balance.


The Common Council will review the proposed budget at a series of 4 meetings on April 8, April 15,April 22, and April 29. A Public Hearing on the budget is proposed for May 7, and adoption of the budget May 20.

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The Best Day of the Year

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Sports

WPCNR Press Box. April 1, 2013: Today the Bronx Bombers return to Yankee Stadium. The Metropolitans return to Citi Field. In the honor of Opening Day, WPCNR brings back this original celebration of the best day of the year.



WRIGLEY FIELD CHICAGO 1975


That’s the Great Pete Rose at the Plate PHOTO WPCNR SPORTS




OPENING DAY is better than Christmas Day,
When you look out the window and you know they’ll play,
Whether dreary gray or billiant spring sun’s ray
Opening Day means the Big Show is back today.



In decades past, Opening Day was for fanatics starved,
Eager for the sharp crack of ash on horsehide carved;
The flutter of pennants snapping in northwest winds
Atop ramparts of inviting arches of walls, and sculpted friezes wistfully escarped.


Fans lucky to get away with ducats
Marvel at grown men in boys’ flannels and sharp whites pristeen,
Back to play in April’s warm zephers in NY blazened caps,
Dashing specks of white warming up on the sprawl of the greenest green.

Motor cars panting in good-natured traffic jams on Major Deegan,
Or down
Yawkey Way, on 35th and Shields or Waveland’s jam.
Through your windows you see the first glimpse of the storied Park,
The place where ball is played, where ghosts of Ted, Babe, Duke
Mel, Spahnie, Whitey, Mickey, Willie, Yaz, Minnie and Sandy lark.

Paying a White Plains fine to park, passing stogie smoking old men
at the same gates for a hundred years,


Now out into the street
You go, aroma of roasting chestnuts, pungent cigars sweet,
Cries of “scorecard heah” “programs,heah” shout out, neath light towers to heaven.

Fans in cap and uniform, little boys and girls gawk in awe hoping to make the Anthem
Never seeing such sheer walls, topped with the legend “GameToday 1:30 PM.”
Clutching slim cardboard tix to Section 14 Upper Deck up to the turnstiles
Festooned with souvenirs more dear as diamonds, beyond, the lure of endless aisles.

Into the press of crowd, the grizzled usher, RIPS YOUR TICKET.
Turnstile turns, clicks, and into the castle of ball you go
Into the rotunda greeted with magic signs dazzling the senses —
UPPER LEVELS SECTIONS 1 to 39, 2 to 40

Hawkers shout –Voices of Flatbush — colorful books in hand


“Yearbook heah,” “Dodger Yearbook here,” “Hot dog, heah,”
Assail your ears up ramps you walk to the sign “NEXT HOMESTAND”



Walking the catwalk,sliver of blue is first look of the magic sphere
Into the sunlight splaying the vast rake of the mighty grand stand.

Spread out below are knights of the diamond in white hues
Cavorting, snapping throws across immaculate red clay
As majestic fungo bats CRACK! sending spheres soaring towards filling bleachers a mile away,
Bunting flutters from the deck’s rails red, white and true blues.

Old glory unfurls on the highest pole in center field
Colorful signs deliver the manly flavor of the only real game,
GILLETTE To Look Sharp, The Red Sox use Lifeboy, Schaefer It’s A Hit
Hey, Neighbor Have a Gansett, White Owl Cigars, Hit Sign Win Suit

From old familiar walls, to Gladys Gooding on the organ
Friendly old green scoreboard displaying
Today’s games around the big leagues BETTER THAN CNN
CHI CLE BOS DET, CHI STL, NY WAS make you king for a day.
Two Bits for a scorecard, usher wipes your seat, ballpark fills your heart.

Penciling lineup 422B, 1 SS, 14 1B, 4 CF, 39 C, 6 RF, 23 LF 19 3B 36 P
Smell of beer, peanuts and pretzels.


Nippy air, warm rays sink into your face feels nice,
Starters wheel,deal, kicking high on sidelines fueling expectancy

Men in blue, arms folded solemnly conduct the home plate regimen
Casey, Ralph , Walter, Joe and Sparky exchange lineup cards and knowing
Ground rules by heart, go over them for ritual’s sake.
Announcer entones “Good afternoon, Ladies and Gentlemen,


Welcome to Yankee Stadium.”

“Please rise for the playing of our national anthem,”
Nancy Faust at organ note by note peels baseball’s theme song
Rising on the breeze, uniting do-rag and ball cap,
Fedora, ponytail and bouffant in the spirit of the great game.

Grass is never greener on opening days
Strikes are louder, the long drives electrify in alleys
Beers with THICK hig creamy heads, taste crisp cold mellow best brew all year
Smashes laser through short and in the gap in raucous rallies



Magicians without wands start 6-4-3s,


Backhand sure hits losing their caps


“Oh what a play’s” crackle on WGN with “CUBS WIN’S”


Jack and Mel, Vince, Red, Curt and Murph are back at the mikes to turn mundane days Into joy with a ninth inning elixir and “happy recaps”


Thunderous ROARS accolades the 2-out winner again creating big kids’ grins.



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An Easter Sunday Memory

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As I puttered around the house, getting ready for an Easter Sunday dinner, I thought back over the years to a time when this holiday was more meaningful to me than it is today, and created this verse:




Sunrise Service


In the crisp bite of early dawn


Roused by the ever loyal mom


To a warm breakfast then driven to a school rendezvous on the way


To play Jesus Christ is Risen Today .


Up and through the dark back road to old Flag Hill above the Saw Mill


We were driven, six chosen musicians to play fanfare


Celebrating the resurrection of long ago as first rays of dawn broke the chill.


After we played our brassy peal of annunciation


The pastor announced simply, “He has risen” and said an invocation,


On the downbeat from our instructor,


We played the joyous hymn and song burst forth


From the tiny band, voices vibrant beyond talent


Took up the simple refrain, “Je US CHRIST has riSEN toDAAY”


With each verse our brass tones played fuller, bolder triumphant


Expanding our chests with pride, courage and steadfast melody.


From crisp wind no longer did we cower.


Sun blaze rose in the east across our town,


Upon the last jubilant coda, the echoes did sound


Descending across the valley below and above to the high tension tower


In somber words the pastor’s message told the story


Of empty tomb, of the incredible happening


And for the rest of the day we who had played


Announcing the news in song and peal of brass


Had recreated that time of myth that has endured in faith


The thought of which renews us still that our time here will not from memory pass.


In the holiday dinner that would follow,


Cousins, aunts and uncles would gather


With the matriarch of the family.


Today we are scattered,


Do not gather together as we did then in harmony


Still I feel the warmth of those Easters past


When those who have departed we think of once more


And how they created a family that would last.




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