Ponzi Scheme Mastermind of ATM Fraud Gets 97 Months in Prison

Posted on March 4, 2011 by John Bailey

WPCNR POLICE GAZETTE. Special to WPCNR from the Federal Bureau of Investigation. March 3,2011:

PREET BHARARA, United States Attorney for the Southern District of New York, announced that VANCE MOORE, II was sentenced Monday to 97 months in prison for his participation in an $80 million Ponzi scheme involving investments in automated teller machines (“ATMs”).

MOORE previously pled guilty in October 2010 before U.S. District Judge THOMAS P. GRIESA to one count of wire fraud conspiracy and nine counts of wire fraud for his involvement in the scheme. MOORE’s co-defendant, WALTER NETSCHI, previously was found guilty of the same charges by a federal jury after a three-week trial presided over by Judge GRIESA.

Manhattan U.S. Attorney PREET BHARARA said: “Vance Moore created an elaborate scheme to deceive investors, and he continued to lie when questions were asked. Today’s sentencing is another reminder that those who engage in Ponzi schemes will not go unpunished. This office will continue to work with our partners at the FBI to combat fraud schemes that victimize innocent investors.”

According to the evidence introduced at trial and other documents and proceedings in this case:

From 2005 through January 2008, MOORE, assisted by NETSCHI, successfully solicited more than $80 million dollars’ worth of investments in ATMs purportedly placed in various retail locations around the country, including convenience stores, gas stations, malls, and hotels. MOORE and NETSCHI claimed that the ATMs were bought by NETSCHI from third parties and serviced by MOORE. They also claimed that the ATMs would generate revenue streams for the investors, based on fees the ATMs charged for cash withdrawals.

MOORE provided investors with false documents he created showing that the investor owned ATMs were earning monthly revenue. In fact, 90 percent of the more than 4,500 ATMs were actually owned by other people or companies, or did not even exist. MOORE lied repeatedly to investors who inquired about their machines after noticing irregularities in the reports. Additionally, the monthly revenue payments that investors received were not actual revenues from ATMs, but rather other investors’ money misappropriated by MOORE and NETSCHI in order to further conceal their scheme from the victims.

The scheme also involved engaging in sham purchase negotiations with other companies that owned ATMs, so that MOORE and NETSCHI could acquire information on ATMs during the purported due diligence process. MOORE and NETSCHI then used the information and documents they obtained from these other companies to further deceive their investors, providing them with what looked like legitimate documents purporting to show that MOORE and NETSCHI actually owned and serviced the machines they claimed to have sold to the investors.

During the guilty plea proceeding on October 18, 2010, MOORE admitted that he participated in a fraudulent scheme to obtain money from investors to buy ATMs from NETSCHI that neither he nor NETSCHI ever owned. He further admitted generating false revenue reports for those ATMs to show investors the amount of money they purportedly were earning from their investment. He also admitted that the money he sent to investors as revenue from the ATMs was actually money he had gotten from other investors in the fraudulent scheme.

MOORE, 57, of Raleigh, North Carolina, was sentenced by Judge GRIESA to 97 months in prison and two years of supervised release.

NETSCHI is scheduled to be sentenced by Judge GRIESA on April 22, 2011.

Mr. BHARARA praised the work of the FBI in the investigation of this case.

The case is being handled by the Office’s Complex Fraud Unit. Assistant U.S. Attorneys ANTONIA M. APPS and CARRIE H. COHEN are in charge of the prosecution.

City Assessment Roll Declines for the 10th Consecutive Year.Down $3.1M

Posted on March 3, 2011 by John Bailey

WPCNR QUILL & EYESHADE. By John F. Bailey. March 3, 2011:

The City Assessment Roll for 2011-12 was released at 3 P.M. Tuesday afternoon and it is down $3.1 Million to $278,155,129, a decline of $3,163,737 as White Plains real estate values declined for the tenth consecutive year.

The SCHOOL DISTRICT ASSESSMENT ROLL IS DOWN $2.2M–(TO $279,791,432)creating an additional $1.2 Million revenue shortfall for the district. As this point, the district faces a $9.2 Million revenue gap to close to meet this year’s budget of $183.5 Million.

Ask not for whom the Roll Calls, it Calls for thee. The 2011-12 Assessment Roll debuted Tuesday.

WPCNR estimates the district either has to eliminate 100 positions from the payroll to avoid a tax rate increase, or raise the tax rate from $534.63 per thousand dollars of assessed valuation, to about $568 per thousand to make up that $9.2 Million gap–an approximate 6.3% tax increase — if the school district chooses to forgo layoffs. They could of course eliminate 100 jobs and make up the gap without a tax increase, or layoff fifty persons, and raise taxes 3%.Of course their may be more gap to come.

A total of 497 WHITE PLAINS TAXPAYERS will also lose the $1,400 STAR EXEMPTION,under the new state law enacted by the legislature last July (and exclusively reported by WPCNR). They have been determined to make over $500,000 a year, adjusted gross income. The assessor, Lloyd Tasch estimates — about 200 of those persons lost their $1,400 EXEMPTION because they did not respond to the assessor’s letter urging them to contact his office if they did not make $500,000 a year.

Special Election Set for March 31 by Council

Posted on March 3, 2011 by John Bailey

WPCNR COMMON COUNCIL-CHRONICLE EXAMINER. By John F. Bailey. March 3, 2011:

White Plains history was made Tuesday evening.

The Common Council passed a resolution 6-0 Tuesday evening calling a Special Election for Mayor for Tuesday, March 31, 2011. It is the first Special Election in the city’s history. Above, the historic moment Tuesday evening.

Tom Roach, Common Council President and Acting Mayor said prior to the vote, justifying the setting of the 30-day schedule by saying “White Plains has spent a year in limbo. It’s time for it to end.” The Council roll was called and Councilpersons Benjamin Boykin, David Buchwald, Milagros Lecouna, Dennis Power, Beth Smayda and Mr. Roach all voted to set the date.

Speaking to WPCNR after the meeting, Roach said the Board of Elections would be able to print the ballots and program the optical scanner voting machines in time for the March 31 election. The city charter calls for the city in event of a vacancy in the office of the Mayor, to hold a Special Election within 60 days of the announcement of the vacancy. Adam Bradley resigned his position as Mayor February 28.

According to a spokesperson at the Board of Elections Wednesday, Party nominees need to be registered with the Board 10 days after the Election date is declared by the city, which would be March 11, and independent individuals not nominated by a party have 12 days to get their signatures in to the Board. According to the Board spokesperson, the independent candidates, if there are any, have to collect 743 signatures to get on the ballot, and have until Monday, March 13, to get their paperwork in.

The Possibilities

WPCNR has learned that Glen Hockley has already started to collect signatures to put his name on the ballot. Hockley said he would be sure to file a certificate of acceptance this time. (He was removed from the November 2009 mayoral ballot by the Board of Elections for his failing to do so, and subsequently had his Federal Court lawsuit thrown out when he alleged his civil rights were being violated by the Board of Elections.)

Mr. Hockley said he was hopeful of being nominated by a recognized party, but definitely would be on the ballot on his line, he told WPCNR. Hockley has 12 days to collect his 743 valid voter signatures.

The Republican Party according to its Chair Brian Maloney has not nominated anyone yet. Queried if they might run Joseph Delfino, the former White Plains Mayor in a political comeback, Maloney said Delfino had not asked to be considered by the Republican nominating committee.Maloney told WPCNR he has not invited Mr. Delfino to interview for the nomination.

Another possibility for the Republicans might be Bob Hyland who lost in a close race for Bill Ryan’s 5th County Legislature seat in November 2009. Mr.Delfino was seen cutting quite a swath at the Conservative Party dinner this week.The Conservative Party may announce its nominee as early as this Friday.

Meanwhile, Mr. Roach, who is the Democratic City Committee nominee, may face a challenge from the floor when the Democrats meet one week from tonight (March 10th). Bill Ryan and the Councilman Benjamin Boykin are currently said to be lobbying district leaders in the Democratic Party.

Legal Challenge

In a legal development, Mr. Maloney has written a letter to the Special Counsel, U.S. Office of Special Counsel, and Secretary Janet Napolitano of the Department of Homeland Security alleging that Tom Roach running violates the Hatch Act by attempting to run for Mayor while Acting Mayor.

Roach dismissed this as the case Maloney is basing is protest, involved an appointed Acting Mayor, and is not applicable in Roach’s opinion, since Roach is still serving as Council President. Part of that position duties are to serve as acting Mayor in event there is a vacancy in the Mayor’s office, as stipulated by the Charter.

Asked if Mr. Maloney was considering filing a “Show Cause” order in court to halt the Special Election process awaiting a ruling, he said he would have to discuss that with his Executive Committee.

Maloney and Assemblyman Robert Castelli separately pointed out that the 30 day election schedule does not allow time to get absentee ballots to servicemen overseas, thus disenfranchising them. Casttelli said a law was passed by the Assembly Wednesday, and is expected to be passed by the State Senate and signed by Governer Andrew Cuomo Thursday as early as noon which would mandate in future special elections that 45 days be allowed to get absentee ballots out to veterans and servicemen.

Castelli ruefully allowed that such a law could not be retroactive.

Castelli Hosts Budget Events

Posted on March 2, 2011 by John Bailey

WPCNR ALBANY ROUNDS. From Robert Castelli, Assemlyman, 89th District. March 3, 2011:

With legislative leaders announcing an updated schedule that puts them on track for an on-time budget, Assemblyman Robert J. Castelli (R, C – Goldens Bridge) has called for a Citizen’s Budget Session where local stakeholders in the 89^th Assembly District can come and give their ideas, input, suggestions and express their concerns over the Governor’s proposed budget, prior to the Senate & Assembly budget actions and the Governor’s 30-day budget amendments.

Castelli will host a pair of events, the evening of Thursday, March 3^rd, in North White Plains, and the afternoon of Friday, March 4^th, in Bedford, respectively, where local elected officials, members of school groups and non-profits will be called to testify. Concerned taxpayers and members of the public will also have an open microphone to air their support and/or concerns which Castelli can than take back to the legislature prior to convening the joint budget conference committees on March 15^th.

Bronz Center Not Closing: Feiner. Meeting on it March 7

Posted on March 2, 2011 by John Bailey

WPCNR THE FEINER REPORT. From Paul Feiner, Greeburgh Town Supervisor. March 3, 2011:

After all the speculation and rumors, I and the Board of Directors, would like to inform you that the Lois Bronz Children’s Center has no intention of closing. Facing challenging economic times, we find ourselves in the same situation as many businesses across America, struggling to make ends meet. However, LBCC isn’t like most businesses. We provide vital services upon which hundreds of children and families depend every year. Our board and staff take this responsibility seriously and remain committed to caring for your children.

To address the financial pressure, we have made major adjustments to the way we operate. We have taken many cost cutting measures in our back office operations and business processes. These measures were planned and implemented very carefully so that they would not affect the availability or the quality of your children’s early childhood education.

For over 45 years, LBCC has been there for our parents who depend on us to take care of their children so that they can go to work. We are grateful for the support we have received over these four decades from Federal, State and County governments, WestCOP, corporations and other generous foundations and individuals.

Yet now, many of these organizations and individuals are facing their own fiscal crises. It’s important to remember, that as a private not-for-profit facility – not a public institution – we rely heavily on financial donations and we have been actively seeking funds from new corporations, individuals and foundations

Now we turn to you for ideas to raise money. It is the time for our community to come together to demonstrate its commitment to quality early childhood education in our own back yard.

On March 7^th, I will host an indoor rally for parents and concerned community members. We urge you to attend and invite family and friends who can help support LBCC.

We look forward to seeing you on March 7^th at 6:30 pm at the Greenburgh Town Hall, 177 Hillside Avenue. Please bring your ideas and donations!

Fort Hill Players Invites You to The Cocktail Hour

Posted on March 2, 2011 by John Bailey

WPCNR STAGE DOOR. From White Plains FORT HILL PLAYERS. March 5, 2011:

The Fort Hill Players announce THE COCKTAIL HOUR By A. R. Gurney and Directed by Steward Hanges Starring: Catherine Carter, Scott Griffith, Greg McCormack, Jennifer Weiss debuting March 18 at 8 PM at Rochambeau School, 228 Fisher Avenue

“Nobody goes to the theater anymore,” says Bradley, the well-off, 75-year-old patriarch who presides over his family’s ritual cocktail hour. Ironically, his very own son, John, a full-time publisher and sometime dramatist, has written a brutal, autobiographical diatribe aptly entitled ”The Cocktail Hour,” which hits each member of the family ‘pretty close to home.’ John has returned home seeking permission to produce it. Sparks fly!

Performances: March 18, 19, 25, 26 at 8 pm March 19 at 2 pm Adults: $17, Seniors/Students $14

Tickets available at the door and online www.forthillplayers.com

Information: 914-946-5143

7 Firefighter Rehires to be Made Official Friday. 2 More Expected back in mid-ye

Posted on March 2, 2011 by John Bailey

WPCNR Common Council Chronicle Examiner by John F Bailey March 2, 2011:

The Common Council will vote Friday morning to approve acceptance of a $1.9 million grant from FEMA’s Adequate Fire and Emergency Response (SAFER) Grant program to bring back seven White Plains firefighters. Acting Mayor Tom Roach said the men are expected to rejoin the department in two weeks..

Tuesday evening the Council offered the ordinance approving the rehires. Acting Mayor Roach explained before the vote of the offering of the ordinance that since the Council was missing one member (a Mayor), therefore the ordinance could not be simply approved by unanimous consent of the six member Council. Instead, four members of the Council will return Friday morning to vote the formality of bringing the firefighters back on the payroll. The firefighters will be paid for by the city, and the city will be reimbursed by the grant, Councilman Boykin said..

Mr. Roach explained to WPCNR, the offering of the ordinance could not be executed last Thursday at the last Common Council meeting because the Council had questions about the actual costs of whether all nine firefighters could be brought back because health care costs and pension costs for bringing back the firefighters have gone up. The Council wanted to check the numbers Roach said. It was found the escalated health and pension obligations the city faces in 2011-12 mean the $1.9 Million would only pay for 7 firefighters.

To resolve this, Mr. Roach said he had been in touch via conference calls with Rep. Nita Lowey’s office and SAFER officials to ascertain whether the grant could be used for just seven firefighters. He said the $1.9 million would cover the cost of bringing back the seven firefighters for two years. He said the city would not be obligated when accepting the grant to keep the firefighters longer than two years.

The Council is seeking another SAFER grant to bring back two more firefighters with the grant in August. If the additional grant comes through, the city is expected to rehire or add those new firefighters to the firefighting team.

Asked if the Council and he were convinced the city actually needed the extra rig in service that hiring the seven firefighters back would achieve roach said he was. He said it would also save firefighter overtime.

Roach praised Rep. Nita Lowey and her office for their help and, on this issue and complemented her office on how she has been helpful to White Plains interests for many years.

The Playland Process According to County Executive Astorino

Posted on March 1, 2011 by John Bailey

WPCNR County Clarion-Ledger. From Westchester County Department of Communications. March 1, 1011:

With formal proposals for “reinventing Playland for the 21^st century” due next week, County Executive Robert P. Astorino today detailed the framework that his administration will use to evaluate the submissions the county receives. As part of the process, he named members to a citizens committee that will assess the feasibility of proposals.

Astorino said the county was now at the second stage of a four-phase process – ideas, feasibility, setting direction and implementation – that will play out over the next several years. Establishing a framework for guiding decisions, he said, was critical to keeping the process on track.

“The outcome we are all looking for is creating a future for Playland that puts the park to its best use for years to come for Westchester County residents,” said Astorino. “The framework is designed to accomplish that by establishing a process that is rigorous, objective, open and respectful of all stakeholders.”

The formal, detailed submissions for the use of the Long Island Sound property in the City of Rye were solicited through an RFP (request for proposals) and are due March 10. A feasibility assessment will immediately follow, with each proposal evaluated against what are being called the “5 E’s.”

· Economics – Does the proposal offer a financially viable long-term business model? While the county does not expect to make a profit at the park, the current fiscal situation cannot continue.

· Environment – Is the proposal appropriate to local surroundings, area zoning and the environment?

· Entertainment – Is the proposal consistent with the purpose of a park?

–· Experience – Can the county feel confident about the proposer’s track record with respect to finances, customer service, safety and deadlines?

· Expectations – Is the proposal realistic?

To evaluate proposals using the feasibility guidelines, Astorino has appointed a 19-member citizen committee made up of representatives from the city and town of Rye, the county Board of Legislators, business, and real estate, as well environmentalists, park experts and park users. See list of committee members at end of release.

“The breadth of stakeholders on the committee will ensure that a broad range of perspectives are part of our feasibility study,” said Jim Chisholm, chairman of the county’s Parks Board, who has been named chairman of the citizens group. “I am excited to be part of this important effort to keep Playland viable for years to come.”

The committee will be responsible for submitting a written report on the feasibility of the proposals that come into the county as part of the RFP. The expectation is that the committee would have its report completed by the end of June, however, this is not a hard deadline should the committee need more time. Assisting the committee will be William Mooney, senior assistant to the county executive, and Peter Tartaglia, deputy commissioner of the Parks department, who will make county resources available as necessary. This could include expertise from the Planning, Law, Budget and other departments. Space will be provided in the County Center for the committee’s meetings.

Once completed, findings from the feasibility study will be incorporated into the RFP selection process. The hope is that the county executive would have enough information to set a direction for moving forward, or not, on the RFP’s by the end of November. The implementation phase, which would include contract negotiations and obtaining all the necessary legal, financial, environmental, local and other approvals, would follow, assuming a decision had been made to move forward on a proposal or combination of proposals. It’s estimated that the implementation phase would take several years to complete.

“This will be a very deliberative process, as it should be,” said Astorino. “We want to make the right decision for Westchester residents.”

This year, Playland will open for the season in May, operating in a similar manner to last season.

(Go to www.ryeplayland.org)

Since 1928, the focal point of the property has been the amusement park, which today has 50 major rides and attractions and covers about 30 acres. The prototype of today’s modern theme parks, Playland was the country’s first totally planned amusement park. Seven of its rides and several of its art deco buildings are designated as National Historic Landmarks.

Westchester County currently owns and operates the park – one of only a handful of governmental bodies to be in the amusement park business. With attendance steadily dropping over the past five years – from 1 million in 2005 to 494,000 in 2010 – park ownership has translated into greater taxpayer subsidies.

The losses are about $4 million annually, including both operating losses and debt.

The RFP covers approximately 100 acres of the larger 280-acre Playland property. A critical feature is that its focus goes beyond the historic amusement park. Scenic vistas and a beautiful beach on Long Island Sound, an Olympic-size swimming pool, an extensive waterfront boardwalk, fishing piers, boating lake, dining and picnic areas, a proposed children’s museum, and an indoor ice skating rink, as well as the amusement park, can all be utilized, or not, in the plans submitted by developers.

Under the RFP process, the county is not obligated to accept any of the plans proposed.

Members of the Playland Citizens Committee:

Rye:

Doug French, Mayor of Rye City

Joe Carvin, Rye Town Supervisor

Charles Dorn, Chairman of the Playland Strategic Planning Committee for Rye

Board of Legislators:

Bill Ryan, Chairman of Public Works, Labor, Transportation and Parks

Judy Myers, Legislator

Sheila Marcotte, Legislator

Parks Community:

Jim Chisholm, Parks Board Chairman who will chair the Citizens Committee

David Swope, Chairman of Jacob Burns Film Center; Teatown Reservation Trustee

Liz Bracken-Thompson, Chairman of Friends of Parks

Business Community:

Richard French, President of Regional News Network; Representative from Westchester County Association

Ellen Lynch, Representative from the Business Council of Westchester

John Peckham, President of Peckham Industries; Arts Westchester, Chairman of the Board of Trustees

Business/Amusement/ Entertainment:

Scott Bernstein, former Amusement/Entertainment Executive, Bedford resident

Jim Dannhauser, former Six Flags CFO, Bronxville resident

Natasha Caputo, Entertainment/Tourism Consultant, Mt. Kisco resident

Business/Real Estate:

Jim Houlihan, Houlihan-Parnes Realtors, LLC; former Board Member of Friends of Parks

Other:

Caleb Gilligan-Evans, Junior at Stepinac High School, Yonkers resident

Father Richard Alejunas, S.D.B., Chairman of the Westchester Youth Advisory Board, Don Bosco Community Center of Port Chester

Law

Evan Inlaw, Attorney, Yonkers resident

FBI Asks: Have You Seen This Man? Wanted for 8th Bank Robbery in Row

Posted on March 1, 2011 by John Bailey

WPCNR POLICE GAZETTE. Special to WPCNR from the Federal Bureau of Investigation. March 1, 2011:

The FBI is asking the public for help in locating Marat G. Mikhaylich, aka the Holiday Bandit, after allegedly robbing his eighth New York-area bank on Friday, February 25, 2011.

Marat G. Mikhaylich

IF you see this Man, Call

212-384-1000

Mikhaylich robbed a Sovereign Bank located at 541 Rahway Avenue, Woodbridge, New Jersey, around 1:45 p.m. Friday. Mikhaylich entered the bank, displayed a note, brandished a weapon, and demanded cash. He was last seen fleeing on foot.

Mikhaylich is a white male, approximately 6’3″ to 6’5″ tall, 35 years old, and approximately 200 pounds. He is from the Ukraine and speaks Russian. He often introduces himself to non-Russian speakers as Mark. During the most recent robbery, he was wearing a dark Sacramento Kings hat, dark sunglasses, a black jacket, dark jeans, and was carrying a black messenger bag.

A reward is available for a tip that breaks the case.

Anyone with information is asked to call the New York Office of the FBI at 212-384-1000 or the Newark Office of the FBI at 973-792-3000. As always, tipsters may remain anonymous.

Other banks Mikhaylich has robbed include:

Investors Savings Bank at 35-02 Broadway, Astoria, New York on Wednesday, Febuary 16, 2011
Capital One Bank, located at 4612 13th Avenue in Brooklyn, New York on Sunday, February 13, 2011
Capital One Bank, located at 1411 Forest Avenue, Staten Island, New York on Friday, February 4, 2011
Capital One Bank, located at 31-17 Broadway, Astoria Queens, New York on Wednesday, January 19, 2011
Sovereign Bank, located at 24-29 Jackson Avenue, Queens, New York, on Wednesday, December 30, 2010
Ridgewood Savings Bank, located at 8522 Third Avenue, Brooklyn, New York, on Wednesday, December 23, 2010
Sovereign Bank, located at 37-10 Broadway, Astoria Queens, New York, on Thursday, December 9, 2010

Not So Fast Says GOP: Move Election Date Back. Boykin, Roach Should Recuse.

Posted on February 28, 2011 by John Bailey

WPCNR BACKROOM BULLETIN. February 28, 2011:

The Chair of the White Plains Republican Committee has written a letter to Acting Mayor Thomas Roach, protesting the Acting Mayor’s swift call doe a Special Election for Mayor as soon as possible.

Brian Maloney also called for Mr. Roach and Councilman Benjamin Boykin to recuse themselves from voting on the date for that Special Election. Mr. Roach speaking on WHITE PLAINS WEEK, the news round-up show said his intention is to hold the election the first week in April. This early date would have the affect of giving challengers to Mr. Roach just a little more than 21 days to campaign, considering that the Republican party has announced they will announce a candidate March 10.

The letter:

CITY OF WHITE PLAINS

REPUBLICAN COMMITTEE

135 Walworth Avenue

White Plains, New York 10606

Acting Mayor Thomas M. Roach February 28, 2011

255 Main Street

White Plains, NY 10601

Dear Mr. Roach,

I have been informed by several residents of White Plains that you have asserted that you intend to set the date for the special election to fill the vacancy in the Office of Mayor at the earliest date that you believe is permissible. With regards to such, I have several observations.

To begin, you have already deemed yourself (D-White Plains) a candidate for that same vacancy, as has Mr. Boykin (D-White Plains), a sitting Member of the Common Council. I would suggest that there is an inherent conflict of interest for both you and Mr. Boykin, as declared candidates for the vacancy, to engage in or otherwise vote on the proposition. In dealing with the ethics of a vote on such a topic, I would suggest that the appearance of a conflict of interest or the appearance of an impropriety would be unavoidable were you to engage in such discussions and thereafter vote on such a matter.

To date, the City of White Plains has suffered tremendously regarding the lack of adherence to ethical considerations. I would suggest that the confidence of the electorate would be severely undermined were you and Mr. Boykin to engage in this conduct. In fact, I am rather surprised that you have not considered this beforehand.

Second, I would also suggest that putting off the election date for as long as is legally permissible is advisable because while it is the duty of the Common Council to set such a date, it has been reported to me that the only outside political consultations that have been made to date regarding same have been by yourself and Mr. Boykin with the City of White Plains Democratic Party. This is a partisan political election, and I believe, again, that the failure of the Common Council and yourself to discuss this matter with any political party other than the Democrat party lends itself to the perception that you have no desire to be inclusive of all of the political parties in White Plains and further, that you seek an advantage in the upcoming elections by rushing to the polls, to benefit exclusively yourself or Mr. Boykin. Ironically, that proposition is simply un-democratic.

Finally, I truly believe that by setting the special election date out as far as is legally required and permissible allows for the citizens of White Plains to exercise fully their voting franchise, and any attempt to circumscribe that franchise by creating an unnecessary and restrictive calendar attacks the fundamental right of every citizen to support candidates and parties of their choice.

Thus in closing, I respectfully request that you and Mr. Boykin recuse yourselves from the deliberations and voting on the setting of the date for the special election. And further, the remaining Council Members, when considering such matters.