Pirro Represents Retired Police Officers Against City Benefit Premiums Grab

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WPCNR WHITE PLAINS LAW JOURNAL. From The Pirro Group. June 15, 2010:


 In a  case that could affect municipal employees statewide, 128 retired White Plains Police officers have moved to sue the City of White Plains to block its attempt to force them to pay 15 percent of their health insurance costs.



Albert J. Pirro of the Pirro Group, who is representing the officers pro bono, said that the City of White Plains was violating its municipal code by retroactively requiring these officers to pay the 15 percent by July 10 or face the loss of their health insurance.


On Monday Pirro filed a notice of claim putting the city on notice that he will file for an injunction to block the city from implementing the change on July 1 until the court can rule on the lawsuit.


 


 



Pirro said the city was abandoning these officers – many who are now elderly and on fixed incomes – for a very small annual savings at a time when it was granting raises to city commissioners who have personal ties to the mayor.  He estimated that the move would save the city only about a $120,000 a year from its $100 million budget.



“These are officers who on a daily basis risked their lives to protect the public for salaries which, at that time, were relatively low,’’ said Pirro. “This was with the anticipation of future security for themselves and their families. Now the city is going back on that promise, a promise that was granted as a part of their collective bargaining agreement and guaranteed by the city’s own laws. To now abandon these public servants for a minuscule sum is disgraceful.’’



At a press conference Tuesday at Pirro’s White Plains office, several retired officers spoke about how the city’s action would affect them.


 Joseph Borelli, a former PBA president who retired from the White Plains Police Department in 1985, said that during contract negotiations the city repeatedly received salary concessions from the union by pointing to the fact that the officers would have full health benefits for life.


 “I wanted to ask Mayor Bradley and the Common Council,  ‘Where were you when we walked the beat on those long midnight hours or in the freezing cold and on holidays protecting our city and, doing our jobs.’ We were promised this, and now they are breaking that promise,’’ said Borrelli.   


 Pirro said that section 2-5-54 of the city’s Municipal Code guarantees retirees their pensions and any benefits that were in force as part of their collective bargaining agreements.  The case could have implications for Westchester County’s more than 40 municipalities, as well as, municipalities statewide, he said.  “If the City of White Plains is successful, it will set a precedent that would embolden other municipalities across the state to take similar actions against their retiree’s health benefits.  Clearly, the outcome of this case has implications that carry far beyond the boundaries of White Plains.’’



Pirro said that a website – www.honoryourpromise.com – would go live in the next week to keep the public and parties to the lawsuit up to date on the latest developments.


Approximately 800 city employees were notified by the city on June 3 of the change in policy. For many, it was the first that they learned of the city’s May 24th decision to require the 15 percent contribution, giving them a little time to adjust to this substantial personal financial impact. The change would require them to pay up to $2,395 a year toward their health insurance costs.

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Officer Perry Promoted to Detective Posthumously

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WPCNR CITY HALL CIRCUIT. From The Mayor’s Office. June 14, 2010: 


 


White Plains Mayor Adam Bradley and Public Safety Commissioner David Chong announce the posthumous promotion of Michael Perry to the rank of Police Detective.   Perry died in the line of duty on Saturday June 12, 2010 while processing an arrest at White Plains Police Department. He served the City of White Plains for 7 and ½ years and was highly regarded in the Department.


 


Public Safety Commissioner David Chong says, “The Detective’s badge is one of the most recognized and coveted honors in Law Enforcement.  It is typically rewarded to an outstanding officer who has displayed commitment, perseverance, and dedication over a period of time.”  All of these qualities exemplify Detective Michael Perry.  He will forever be known as Detective in the history of this Department. 


 


Mayor Adam Bradley who made the official announcement at the city’s Flag Day Ceremony today says, “Detective Perry put his life on the line for the safety of our residents, now it’s time for us to make sure he is recognized for his time and service.  He will be fondly remembered as a hero and referred to as Detective Michael Perry from this point forward.”


 


Funeral Arrangements for Detective Michael Perry:


 


 


WAKE:


Clark Funeral Home


2104 Saw Mill River Road (Route 118)


Yorktown Heights, New York   10598


(914) 962-3333


 


Tuesday June 15, 2010


     2PM – 4PM – Family & Friends


     7PM – 9PM – Family & Friends


     8PM – Police Line-up


 


 


SERVICE:  Wednesday June 16, 2010 – 10AM (sharp)


Saint Patrick’s Church


137 Moseman Road


Yorktown Heights, NY


 


 


 


BURIAL: (Immediately following Service)


Hillside Cemetery


1033 Oregon Road


Cortlandt Manor, NY


(914) 737-2929


 



 


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Eleanor McDonald, Long Member of the Budget & Advisory Committee, Dies.

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WPCNR MILESTONES. From Brian Maloney. June 14, 2010:


 


Brian Maloney of the Republican City Committee advised WPCNR of the death Saturday of Eleanor McDonald, 71, of White Plains, longtime member of the White Plains Mayor’s Budget and Advisory Committee.


 



Eleanor McDonald,2008,


at a Budget & Management Committee Meeting. WPCNR News Archive.


 


She died, according to her obituary, after a brief illness. She was the first woman Comptroller of Greenburgh, appointed in1988,and in 1992, became the first woman Comptroller of the Town of Harrison. She was White Plains leader of the Conservative Party. She was an active parishioner of Our Lady of Sorrows for 30 years.


 


Services will beheld at Our Lady of Sorrows Tuesday at 11 A.M.

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Despite Sunny May, City Sales Tax Sluggish. County Up 2.5% in 5 Months.

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WPCNR QUILL & EYESHADE. From NYS Department of Taxation & Finance. June 14, 2010 UPDATED 12:15 P.M.    :


 


  Susan Burns of the State Department of Taxation & Finance reports White Plains Sales Tax declined ¾ of a percent year to year in May.


 


Westchester County has been consistently up in sales tax receipts the first five months of the fiscal year, but not by much only 2.5%. The first five months of 2010 have seen the county draw down $14.2 Millon more sales tax than the first five months of 2009, $171.8 (rounded to nearest $100,000) Million against $167.6 Million last year.


 


The county pace as of the end of May, projects the county to hit $425 Million in sales tax for 2010 — $10 Million ahead of the 2009 pace, still substantially off the $462 Million the county received in sales tax in 2008.


 


The $425 Million projection for the county is based on the present pace of sales in the county is at 2005 levels,when the county tallied $415 Million in sales taxes.



 


With one month left in the city fiscal year 09-10, the city stands at $39,460,140 in the till. They had budgeted for $47.3 Million. Should the city continue at the present pace in June, they will tally $3,883,546 in sales tax in June, for a total of $43,343,686, meeting Commissioner of Finance Michael Genito’s projection of several months ago, a $4 Million deficit from what was projected for the 2009-10 budget by the previous administration ($47.3 Million.


 


In May, the city is reported to have received $3,295,841.08 compared to $3,319,821.21 in 2009 in the depths of last spring’s recession, a year-to-year decline of .72%  Westchester County as a whole was 1.24% ahead of the May 2009 pace, generating$600,000 more sales tax than last year.


 


 


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White Plains Officer Perry: A Great Cop, Commissioner and Department Mourn.

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WPCNR POLICE GAZETTE. June 12, 2010. WPCNR Transcript of Perry News Conference:


The death in the line of duty of White Plains Police Officer Michael Perry was announced Saturday evening at a news conference at the Department of Public Safety, with Mayor Adam Bradley and Commissioner of Public Safety David Chong briefing the media on Saturday afternoon’s incident preceding Officer Perry’s death.



Commissioner David Chong, at microphone, informing the media of Officer Michael Perry’s death Saturday evening.


Here is the transcript of that news conference:


White Plains Commissioner of Public Safety David Chong:


 


Good evening and thank you for coming out on such short notice. I’m joined by Mayor Adam Bradley and Chief of Police James Bradley and members of my staff.


 


A very sad night for the White Plains Police Department.


 


Today at approximately  4:41 this afternoon – Police Officer Michael Perry responded to an assist call. He began a foot pursuit and finally grabbed the suspect at Court and Main Street. After a physical struggle, officer Perry placed the suspect under arrest and walked him to the police station. While booking the suspect, Officer Perry developed chest pains. An ambulance was called immediately, and as he was being walked out to the ambulance, he collapsed. Officer Perry was taken to White Plains Hospital Center where unfortunately he was declared dead at 5:50 P.M.


 


The suspect’s name is Ricky Prior. He is 53 years of age, His address is unknown. He is a career criminal whose rap sheet has over 300 arrests. He is currently being booked for resisting arrest  and petty larceny, although this investigation remains very active.


 


Michael Perry is 43 years of age and a 7-1/2 year veteran of this police department. He was formerly a member of the Environmental Police Department. He is a resident of Cortland Manor. He’s married. He has two six year old twin sons. His wife,sons, father,mother,sister, mother friends along with  numerous members of his police department family were at his side at White Plains Hospital..


 


Make no mistake ahout it, Michael Perry is a hero. His death in the line of duty has hurt and shocked this department to its very core. This is the first line of duty that this department has suffered in over 60 years. Funeral arrangements  have yet to be made. I will now introduce Mayor Adam Bradley.


 



 


Mayor Bradley Addressing Media on Officer Michael Perry’s death.


 



Mayor Adam Bradley:


 


I’m here to express the grief of the city for the loss of a hero. This is the first line of duty death in over 60 years in our city. We want to show our expression of grief and support for our police department and  for the family—someone who certainly was way too young  to be facing what we’re facing right now. As someone who has young children himself my heart goes out to the family. Certainly there isn’t a member of my administration or the Common Council who isn’t feeling the pain that our police department is feeling at this moment.


 


I intend to make sure  that the city is present as much as possible for the department and the family going forward.


 


In response to questions from reporters, the Commissioner noted:


 


Prior was Wanted for larceny out of Macy’s, a detective had observed him, tried to stop him, he started to run. Officer Perry came to the assistance of that detective’s call. Officer perry was the one who apprehended him and ensued in the struggle with the suspect. Right outside Macy’s.


After the news conference, Antoinette Biordi, city Communciations Director issued this supplemental statement from the Mayor’s Office:


Perry is 43 years old and is a 7 and ½ year veteran of this Police Department. He was assigned to Uniform Patrol and was highly regarded by his supervisors and his peers.  Commissioner David Chong says, “Michael Perry is a hero, his death has rocked this entire Police Department to its core. He loved being a Police Officer and he loved the City of White Plains. He will be greatly missed and our deepest condolences go out to his caring family.  He could be relied upon to always back up a fellow police officer, as in this instance.”


   


White Plains Mayor Adam Bradley says “This city lost a very dedicated Police Officer and his death has sent shockwaves throughout our community. The White Plains Police Department works hard day in and day out to protect everyone in this city and that’s just what Police Officer Perry was doing.”


 

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Officer Michael Perry Dies After Foot Pursuit- Arrest of Suspected Shoplifter.

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BULLETIN


 


WPCNR POLICE GAZETTE. June 12,2010:


 


White Plains Police Officer Michael Perry, 43, died Saturday afternoon  in the line of duty, of causes unknown, shortly after he had pursued and arrested a man observed by a detective in the Macy’s department store at The Galleria on suspicion of shoplifting at about 4:45 P.M. Saturday.


 


Officer Perry on foot patrol, responded to a call for assistance from a detective attempting to stop a man the detective observed attempting to steal merchandise from Macy’s. The suspect fled down Court Street and Officer Perry pursued him on foot. 


 


After apprehending the suspect, Officer Perry handcuffed the suspect in the vicinity of Court Street and Main Street after a foot-chase, followed by a physical struggle, according to Public Safety Commissioner David Chong.


 



 


WHITE PLAINS POLICE OFFICER MICHAEL PERRY


 


 


Then, Commissioner Chong explained,Officer Perry walked the suspect to police headquarters a distance of  three city blocks, and in the process of booking the suspect, Ricky Prior, 53, (no known address) at the public safety building, Officer Perry experienced chest pains, and while being walked to an ambulance, collapsed, according to Public Safety Commissioner David Chong at a news conference Saturday evening.He was pronounced dead at 5:50 P.M. at White Plains Hospital Medical Center.


 


Cause of death awaits the Medical Examiner’s report, Chong said. Funeral Arrangements have not been made.


 


Prior, now in custody, the Commissioner said, may be charged with petty larceny or resisting arrest, but the investigation is ongoing at this time. Chong described Pryor as being “a career criminal, whose rap sheet shows over 300 prior arrests.”


 


Officer Perry was a 7-1/2 year veteran of the department, and prior to starting his White Plains position, was a member of the State Environmtal Police. Commissioner Chong characterized him as “a hero,” and said “He is a great cop.” Chong said Officer Perry is the first White Plains officer to die in the line of duty in over 60 years. He was a resident of Cortlandt Manor.  He leaves his wife and two twin sons, aged 6,


 


Commissioner Chong, in opening the news conference, said “This is a very sad night for the White Plains Police Department.”


 


 

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Mr. Bradley Clarifies City Position on Pirro Call for Moratorium.

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WPCNR CITY HALL CIRCUIT. By John F. Bailey. June 11, 2010:


Mayor Adam Bradley contacted WPCNR Friday evening to make clear that according to his Chief of Staff John Callahan and legal department counselor Dan Spencer, they did not tell attorney Albert Pirro there was no time  to call a Special Meeting before July 1 to consider a moratorium on collecting new medical premiums from retirees hired by the city before July 1, 1995.


Bradley told WPCNR, “As you know, John, I had reservations about administering this charge to our retirees when the council passed it(May 24), but the council was very concerned with cutting costs.  From what I understand from John (Callahan) and Dan (Spencer) when Mr. Pirro asked for the moratorium, they told him to put the reasons he wanted a moratorium in a written request. I’m somewhat taken aback that Mr. Pirro would say that. I get concerned when representations we make ae embellished.”


Asked if he would consider calling a special meeting of the Common Council to hold off the first payments due from the retirees, Bradley said it depended on Mr. Pirro submitting the request.  Bradley denied the July 1st comment was relayed to Mr. Pirro. Bradley indicated the request would be considered, saying, “Let him put it in writing and we’ll look at it.”


 

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Pirro Asks City Hold Off on Retiree Pay of Med Premiums. City Balks

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WPCNR CITY HALL CIRCUIT. By John F. Bailey. June11,2010:


 


White Plains  attorney Albert Pirro of The Pirro Group told WPCNR today he has asked the White Plains administration to delay collecting the 15% payment of medical premiums due for retirees  required to have those payments in to the city by July 10, or possibly face cancellation of their medical benefits.


 


 


Pirro contends those retirees beginning work with the city before July 1,1995 – should be granted a moratorium on paying their premium share until after his pending lawsuit on behalf of retirees affected is considered by the courts. Pirro contends the city collecting the new payments based on new legislation,  violates the City Charter and the union contract in effect at the time. He told WPCNR he expected to file a Notice of Claim Friday (today)


 


Pirro said he had asked the Mayor’s office to call a Special Meeting before July 1, (when medical payments are due), to enact a moratorium on collecting the  premiums while the court decides whether the city violated due process by allegedly violating the Charter and union contracts,  as Pirro contends.


 


Pirro said the Mayor’s Office had advised him there was no time to call a Special Meeting until after July 1, effectively making the legislation “live.” He also said requests for copies of the union contracts in effect  in the mid-90s from the city had so far not been met, for reasons unknown.


 


Pirro  represents a growing group of retirees of a class action suit on behalf of a newly formed group of those retirees affected, the White Plains Retirees Association. He told WPCNR he was filing a Notice of Claim today, Friday, and would be seeking an injunction to stop the city from collecting the new medical premiums until after his upcoming suit is adjudicated.


 


Pirro said the Mayor’s Office had indicated there was no time to hold a Special Meeting until after July 1 to amend the legislation, in effect, making the payments effective.


 


97 Police Retirees in Suit.


 


Pirro reported that 97 retired police personnel had signed on to be apart of the class action to date. 


 


He said that many of those persons he has talked to are unable to afford the $1,000 to $2,396 premium share of the medical premiums the new city policy requires. He added that many said they could not afford to pay the premium share (from $275 to $600 every three months depending respectively on single person or family plan coverage)  given a month’s notice.(The new requirement was enacted just two weeks ago, March 24.)


 


Fear of Loss of Insurance


 


Mr. Pirro pointed out that in interviewing retirees, they had  advised him that many had pre-existing conditions, which if their medical insurance was cancelled by the city, they felt they would not be able to find insurance with another provider.


 


The city in letters sent out the end of last week to retirees affected  said unless  the first quarter premium is received by the retiree by July 10, “may result in the cancellation of your health insurance with the City of White Plains.”


 


Before 1995 Hires in CSEA and Teamsters Protected


 


Originally, the Mayor’s Office reported to WPCNR that all retirees working for the city before July 1, 1995, would be required to pay 15% of their health insurance premiums.


 


 Thursday afternoon, in checking out reports from retirees who went to work for the city before that day, that they did not have to pay the 15% because they were part of the recent CSEA and Teamsters union contract settlement, WPCNR was told by the Mayor’s Office that this is correct.


 


As part of the retroactive CSEA and Teamsters contracts, those retirees (hired by city before July 1, 1995) were granted immunity from the 15% hit the police and fire union retirees are taking, in effect, making the police and fire retirees who joined the city before July 1, 1995 taking a direct hit ($1,102 to $2,396 average)  on their pension incomes.


 


The CSEA and Teamster unions, though, by settling with the city agreed to forego most of the negotiated raises in 2008-2009, 2009-10 and 2010-11, and agreed that new employees joining the city henceforth would pay 15% of medical premiums.


 


It was not disclosed at the time of those settlements that retirees who started working for the city before July 1, 1995, who retired in 2008 or 2009 were not forced to pay the 15% as were their union counterparts in the police and fire ranks.


 


Pirro informed WPCNR that neither the police nor fire unions have copies of the union contracts in effect prior to mid-1995, the key date the new medical premium requirement works from, and is seeking copies of those contracts from the city. As of Friday, Pirro said the city had not furnished the old contracts. 


 

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Stepinac Announces Plans for New Sports Facility

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WPCNR PRESS BOX. From Archbishop Stepinac High School. June 10, 2010. UPDATED JUNE 11, 2010: Alumni and friends of Stepinac High announced plans for construction of a $1.9 Million all-purpose synthetic turf sports facility planned to be installed on the site of the present school football field behind the school.The present natural turf field will be converted to a new articificial surface with the current spectator stands remaining in place, according to a Stepinac media respresentative. The announcement was made at the 7th annual Stepinac Athletic Golf Outing dinner held at Brynwood Golf & County Club in Armonk.


Half the funds have already been raised through private donations.  The new field is to be installed in the summer of 2011, and ready for play in the fall of that year.


.


 When NFL great Bob Hyland and noted attorney Bill Plunkett played football as members of Archbishop Stepinac High School’s Crusaders teams, natural grass was what every team played on.



Now, long since the two men graduated (Plunkett in 1958 and Hyland in 1963) and went on to successful business careers, that playing field—in use since 1955—is truly showing its age.  


Having hosted thousands of athletes and more than a thousand games, the original field has undergone severe wear and tear. Adding to the problem, in addition to football and baseball, other sports programs were added over the years including soccer and lacrosse. With the introduction of summer camps and extended sports programs, the field is used year-round and never has time to rest and recover. In spite of efforts to continue maintaining it with seeding, fertilizer and water, the field can no longer sustain a level of use it was never intended to accommodate.



The need for a long overdue improvement of the athletic fields as an essential requirement for Stepinac High School’s future is the reason why Plunkett,


Chairman of the Stepinac Board of Trustees and Hyland, member of the school’s Foundation Board, are spearheading a fundraising drive— “Team Up for Turf”— to create  enhanced outdoor sports playing fields that will replace the natural grass with Field Turf, an all-purpose, year-round artificial playing surface. Details about the plan were announced recently at the 7th annual Stepinac Athletic Golf Outing dinner held at Brynwood Golf & County Club in Armonk.



 The improved athletic fields will provide an ideal playing surface for football, baseball, soccer and lacrosse as well as for the school’s physical education curriculum. In addition, it will feature a modern track, replacing the current, five-lane asphalt-rubberized track.



The improved sports fields are expected to cost $1.9 million with $900,000 having already been pledged by alumni donors. The goal of “Team Up for Turf” is to raise the remaining $1 million in time to start the project in May 2011 and have the fields ready for play at the start of the new September 2011 school year.



 “Providing top quality playing fields that meet today’s standards for high school sports is crucially important to the future of our school and Stepinac’s ability to remain competitive,” Plunkett stated.  “This is a very exciting step forward for our new Board of Trustees and we are very encouraged by the response of the alumni and other supporters to the fundraising drive thus far.”



Plunkett noted that the initiative is being funded entirely by private donations. “In spite of the recession, we take great pride that so many alumni and other supporters have already stepped up to the plate to invest in Stepinac’s future. We are very fortunate to also have a committee of dedicated volunteers who have and will continue to work diligently to raise awareness about the school’s needs.”



Hyland stated: “Some of my best memories are from my football days at Stepinac which prepared me for my sports career that continued at Boston College and then with the New England Patriots,  the Green Bay Packers, New York Giants and Chicago Bears. Since that time, there have been extraordinary improvements in sports field technologies that enable athletes to play safely and to lower the risk for injuries. The time has come for Stepinac to have athletic fields that match 21st century needs.”



Msgr. Anthony Marchitelli, Stepinac President, noted that Stepinac has always sought to be a good neighbor by opening its campus for White Plains and Westchester community groups and activities and local needs. ”Having all-weather, all-season sports athletic fields means that we will be able to expand these community programs as well as provide an additional source of income by hosting special athletic events.”  He added: “From a fiscal perspective, this is a sensible investment because the cost of maintaining the current field is running about $25,000 a year.” 



Coach Mike O’Donnell, Stepinac Athletic Director, said: “The new sports fields will enhance the school’s standing as a member of the Catholic High School Athletic Association, the largest Catholic High School athletic league in the U.S. comprising 25 schools. Right now, there are only two in the league—including  Stepinac—that still play on natural grass. The benefits of artificial turf are well documented.  These improvements will bring us up to the standards that most schools enjoy.”



He added: “Sports are extremely important to our overall goal of fully developing the young men who attend our school. Our artificial turf project will impact all of our student body, not just athletes. We anticipate increased participation in our intramural sports program as well as new activities in the physical education curriculum. Overall, we are going to have a first-rate athletic facility that will serve the next generation of students.”



The new playing fields will be created on the site of the school’s current fields.  The playing fields will be out of service during the approximately four months of construction next summer, thereby avoiding any interference with Stepinac’s inter-scholastic sports schedule.  The school’s tennis courts that are adjacent to the fields will not be affected by the construction.  The plan will be subject to review and approval by the White Plains Building Department and Zoning Board.  



Among the benefits and highlights of the improvements are:



  • New field will encourage more of the student body to join interscholastic athletics
  • New field will allow the physical education department to include outdoor activities into its curriculum
  • New track would provide a safe venue to train and compete
  • Synthetic material will allow teams to use the field on bad weather days and allow for earlier use in the spring season when lingering snow is usually an issue
  • New football surface will save $25,000 annually on field maintenance and labor
  • New football field will allow unlimited use without any impact to the surface
  • New football field rentals would provide a revenue source
  • Over 3,000 cubic yards of top soil removed from the field would be used to renovate the practice field in the lower lot
  • Construction incidentals include the installation of safety screening for the baseball field and the re-grading (with recaptured top soil) and seeding of practice field

 


 

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Police Seek 2 Involved in So. Lex Gunfight

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B U L L E T I N


WPCNR POLICE GAZETTE. By John F. Bailey. June 10, 2010: Police are actively seeking two individuals suspected of opening fire on each other Wednesday afternoon, the Commissioner of Public Safety David Chong told WPCNR at 2 P.M.


The Commissioner gave the first official details on Wednesday afternoon’s exchange of gunfire between two individuals at the intersection of South Lexington Avenue, Dennison Street and Orawaupum Street.



South Lexington Avenue: Scene of Wednesday Gunplay.


The Commissioner said “This was a dispute between two individuals. It remains an open investigation. No one was hurt or injured (from the gunfire).” He said the police were not sure of what started the dispute and that up to 6 shots were fired. The incident unfolded at 3:50 P.M. Wednesday afternoon and the police received numerous calls on 911 reporting the gunfire.


The Commissioner said the police have two suspects they  are seeking, at this time, but he did not issue descriptions.


The individuals sought were most lColor picker (background color)ikely “armed and dangerous,” the Commissioner cautioned.


The police confidential tip line, 422-6200 is open for individuals to call with information that would lead to apprehension of the suspects.

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