Board Pushes for Changes to City's Plan for Opening of Metro Ave HS Campus

Community Board 5 has overwhelmingly voted in favor of three resolutions to be submitted to the city Department of Education seeking changes to the current plan for the opening of the new Metropolitan Avenue High School in Forest Hills.

At its meeting last Wednesday, the full board voted in favor of the three resolutions that are seeking: a greater share of the high school seats for students in District 24 (the facility will be shared with District 28); a second tier be created so that PS 91 students have the option of enrolling there if the district’s allotment isn’t filled by students from PS/IS 87 and PS/IS 113, which have first chance at the seats; and that the school be opened up to both 9th and 10th graders in its first year, instead of just freshman as currently planned.

The Metropolitan Avenue Campus, slated to open this fall, includes a 1,000 seat high school that will be split between District 24 and District 28. It also includes a second building serving students in sixth through 12th grades that is dedicated solely for District 28. Currently, District 24 students will occupy half of the 1,000-seat high school, or just 500 or the 1,400 total high school seats within the two schools. Instead, CB 5 is requesting that 700 seats be set aside for District 24 so it gets its fair share of class space.

The second resolution was the result of concerns that if 125 seats in each grade level were not filled by PS/IS 87 and 113 students, they would then be opened up to students throughout the entire district and borough. The board is seeking insurance that the seats will remain open to Glendale students who attend PS 91 until 6th grade and IS 119 through 8th grade graduation.

The third resolution is being pushed by the board due to the current classroom overcrowding crisis the borough is facing, especially at the high school level. The DOE argues that opening the school up one grade at a time – meaning it will only be filled to 25 percent capacity this fall – is the best way to set the school up for success. However, board members agreed that argument is trumped by the dire need to immediately provide more seats for students throughout Queens.

The only board member voting against the three resolutions was Chairman Vincent Arcuri, who had pushed for the three requests to be contained within a single resolution. The DOE did not respond last week to a request for comment on the board’s requests.

This Week's Forum West and South

Candle Blamed for Apartment Fire

Four-Alarm Blaze in Kew Gardens Injures Five

By Conor Greene

Fire officials say an unattended candle is to blame for a quick moving fire that gutted several apartments in a Kew Gardens apartment on Monday afternoon.

Four firefighters and one civilian suffered minor injuries in the fire, which broke out around 11:45 a.m. in a second floor apartment at 84-70 129th Street. The fire quickly spread to the third, fourth and fifth floors and went to four alarms by 12:15p.m. before it was brought under control at 1:11 p.m., according to the FDNY.

As crews worked to keep the fire from spreading to the building’s top floor, two police officers who were on duty outside a nearby school raced to the scene and helped evacuate a woman and her young daughter. Initial reports indicated residents were trapped inside due to heavy smoke, but fire officials say an “aggressive attack” kept it from spreading.


“We saw the woman stepping out onto the fire escape, and that’s when I proceeded to jump over the fence, climbed the fire escape… grabbed the baby and walked them down,” Sgt. Kevin Bishoff of the 102nd Precinct told reporters. He teamed up with Officer Johnny Becerra to help the residents escape the blaze.

“It went to four alarms,” FDNY Deputy Chief James Didomenico said at the scene. “We were able to stop it on the fifth floor. It did not get to the sixth floor through an aggressive attack. Had it gotten to the sixth floor and possibly gotten into the cockwall it could’ve been a major, major fire and much worse than today.”

On Tuesday, debris from the destroyed apartments was piled in front of the building, which was charred and boarded up. A notice was posted on the door ordering some residents to vacate their apartments, while tenants in other parts of the building were allowed back inside.

Shamin Naz, who has lived in the building for 21 years, said that she and her family were very lucky on the day of the fire. “I was at the hospital with my daughter for an examination,” said Naz. “I got a frantic call from my brother saying the building was one fire.”

Naz immediately began trying to get in touch with her other children to make sure they had left the building. “When I was able to contact them I felt so lucky. For the other people who were trapped, I just say thank God no one died. The apartments, they can be put back together. No one died.”

The Red Cross is providing assistance to the up to seven families left homeless by the fire.

Ridgewood Theater and PS 66 Approved for Landmark Status

By Conor Greene

Two distinctive buildings in Ridgewood and Richmond Hill were approved for landmark status by the city on Tuesday, paving the way for the historic structures to be protected from future redevelopment.

The city Landmarks Preservation Commission voted on Tuesday in favor of granting landmarking designation to both the Ridgewood Theater on Myrtle Avenue and PS 66 on 102nd Street in Richmond Hill. The vote marks the last major hurdle for both applications, which now need approval from the City Planning Department and City Council.

The Ridgewood Theater, designed by noted architect Thomas Lamb, was hailed as the longest continuous operating movie house in the nation until it was suddenly closed in 2008. Before then, it had provided entertainment for nine decades since opening in 1916.

Michael Perlman, who spearheaded the effort to have the theater landmarked, said Tuesday’s vote was the result of several years of lobbying by a number of volunteers. “This is another chapter for this gem’s long and distinctive history,” he said. “These theaters are few and far between, so we have to retain the best of the past for a more promising and thought-provoking future.”

The building’s current owners plan on using the ground floor for retail space with several movie screens on the second floor, according to Perlman. They have also indicated a willingness to preserve the theater’s distinctive lobby and as many of the historic details as possible.

Councilwoman Elizabeth Crowley testified in support of both applications at Tuesday’s hearing. “Preserving the history of our neighborhoods is a key component to taking pride in it,” she said. “It is important for future generations to understand their history, and take pride in it and preserving this innovative and striking structure will do just that.”

She added that the theater landmarking “goes hand in hand” with the Landmarks Preservation Commission’s recent approval of the Ridgewood North Historic District, which features turn-of-the-century homes known as the Gustave Mathews flats.

Public School 66, also known as the Jacqueline Kennedy Onassis School, is a three-story, red brick building built in 1899. Built when much of Richmond Hill was still farmland, it was expanded seven years later and still features arched windows and a six-story tower. It was one of three identical schools constructed in anticipation of an influx of residents to the area as a result of transportation improvements, the subdivision of farmland into lots for residential development and the consolidation of Queens with New York City.

“The school is a remarkable survivor from a time when Richmond Hill was transitioning from a farming community into a residential neighborhood,” said LPC Commissioner Robert Tierney. “It remains one of the most distinctive school structures in Queens.”

Crowley, who has made historic designations one of her priorities, said the school “has been a staple of Richmond Hill for over a century.” Last October, she led the effort to have 109th Street in Richmond Hill as “Nancy Cataldi Way” after the outspoken preservationist who launched an unrelenting campaign to save the area’s Victorian homes before her untimely death in 2008.

Designed in the Victorian Eclectic style, the PS 66 stand out thanks to its tower, which used to contain a bell used to call children to school from neighboring farms and properties. It also features gabled dormers and large entablatures featuring floral ornament. Its design is attributed to Harry S. Chambers, the school’s superintendent and architect for the Town of Jamaica.

The school was renamed the Jacqueline Kennedy Onassis School in 2003 in honor of the former First Lady’s passion for literacy and historic preservation, and continues to serve as a grammar school.

Boy Nearly Killed in Highland Park Stabbing

Two Teens Charged with Attack on 12-Year-Old

By Conor Greene

Police have now charged both a Brooklyn teenager and his girlfriend with the near-fatal stabbing of a 12-year-old in Highland Park on Saturday night. The attack occurred while the three were allegedly smoking pot in the vicinity of the park.

The victim, Luis Martinez, was rushed to Jamaica Hospital in serious condition after a motorist spotted him alongside the Jackie Robinson Parkway. He was treated for multiple injuries, including four stab wounds to the torso and the back and two stab wounds to the chest. In addition, both his left internal and right external jugular veins were cut, causing extreme blood loss. He underwent reconstructive surgery and his condition was upgraded on Tuesday from critical to stable.

Initial reports indicated Martinez had been thrown from a moving vehicle, but police now say he was stabbed about a dozen times by 15-year-old Wayne Henderson of Ridgewood Avenue in East New York and his 14-year-old girlfriend, Carina Parache of Norward Avenue in East New York. Police say the attack occurred after Henderson and Martinez got into a brief argument that quickly escalated into attempted murder.

Police initially only charged Henderson in the attack after questioning and releasing Parache. Henderson was arraigned on Monday in Queens Criminal Court on charges of second-degree attempted murder and first-and-second degree assault.

However, on Tuesday night, authorities announced that Parache will face the same charges because she stood by as the attack took place and then kicked and stabbed Martinez before fleeing the scene with Henderson.

The pair was taken into custody by officers from the 104th Precinct shortly after the attack. Both are being charged as juvenile offenders and face up to then years in prison if convicted. Henderson was ordered held on $250,000 bail and is due back in court on January 25, while Parache was awaiting arraignment as of Wednesday morning.

“The 14-year-old defendant is accused of taking part with her boyfriend in a senseless but deliberate attack on someone they once called a friend,” said Queens District Attorney Richard Brown. “This is a sad case of young children throwing their lives away by allowing a verbal argument to escalate into deadly violence. Fortunately, the victim will survive but all three will carry the emotional scars of that night for the rest of their lives.”

Officials Want More Metro Ave HS Seats for Glendale Students

By Conor Greene

As the Metropolitan Avenue school complex gets closer to its anticipated opening this fall, the battle over who gets to occupy the building is continuing with officials pushing for more seats for students in the Glendale area.

On Monday, members of Community Board 5’s Education Committee agreed to present three resolutions to the full board regarding the new complex, with features a 1,000 seat high school to be shared between District 24 and District 28, along with a 1,000seat 6-12 school dedicated solely for District 28.

The three resolutions call for 200 additional seats in the high school for students in District 24 so the two districts would more evenly split the total number of new high school seats. It also asks that a “second tier” be created so that priority shifts to students in PS 91’s zone if the 125 seats in each grade level currently assigned to District 24 aren’t filled from students in the PS/IS 87 and PS/IS 113 areas. The third resolution asks that the high school be opened to both ninth and tenth graders in its first year, instead of just freshmen as proposed.

The resolutions were expected to be voted on by the full CB 5 membership at its monthly meeting this past Wednesday. Check next week’s Forum West for an update on the vote.

In December, Councilwoman Elizabeth Crowley (D-Middle Village) wrote to Schools Chancellor Joel Klein asking that a secondary zone be created limited to District 24 students to ensure the area doesn’t lose part of its 125 seat allocation. “The people of Glendale and Middle Village are in dire need of high school options and those families just outside the local zone should be given preference… before the school opens up to the rest of Queens,” she wrote.

Two weeks later, Crowley wrote to Klein to request that “immediate action” is taken to alleviate “dire overcrowding” in District 24. She proposed that the new Maspeth High School, which won’t be ready until 2012, be opened up in the available space at the Metropolitan Avenue complex, since that facility won’t be filled to capacity for several years. Once the Maspeth High School is complete, the students, teachers and administrators would simply move to the new building.

“As I understand, the [DOE] plans to incrementally ‘grow’ the two new schools located on the Metropolitan Avenue Complex,” wrote Crowley. “During the first years these schools are open the building will be at approximately 25% capacity. I believe we can take immediate action to alleviate the overcrowding of Queens high schools without sacrificing the level of education… If we act now to put together a school leadership team and have the administration for the Maspeth High School to start teaching children as early as the fall of this year.”

The issue of only opening the next high school up to one grade at a time has been met with criticism from some officials and parents due to the current situation. “The DOE’s argument that new schools do better when grades are phased in does merit consideration, but our Queens high schools are massively overcrowded, so delaying utilization of 1,000 new high school seats for many years can’t be in the best interested of our Queens high school students,” Dmytro Fedkowskyj, who is a CB 5member and the Borough President’s appointee to the Panel for Educational Policy, told The Forum.

The DOE said last month that parents and officials had several weeks to comment on the proposed zoning boundaries. The department didn’t immediately return a message for comment on the zoning proposal or the plan to open the school only to 9th grade, and Crowley’s office didn’t receive a formal response to either December letter.

The overcrowding situation in Queens has forced a number of high schools to operate on split sessions. According to Fedkowskyj, Francis Lewis is at 175% capacity on five sessions, Forest Hills High School is at 160% capacity on three sessions, Cardozzo is at 150% capacity on three sessions, and both Grover Cleveland and Newtown are at about 120% capacity while operating on multiple sessions.

At Monday’s meeting, attendees including D24 President Nick Comaianni suggested the three requests be submitted to the DOE as separate resolutions to prevent them all from being rejected at once. “Taking seats away from Forest Hills to give to us is not happening,” he said. “The reality is, Forest Hills will fight tooth and nail for those seats.”

MTA Reportedly Considering Nixing M Train Line

V Line Would be Rerouted to Metropolitan Avenue

By Conor Greene

Western Queens residents and officials are anxiously awaiting official word from the MTA on the future of the M train following reports the agency is considering eliminating the line and rerouting the V train to Middle Village.

The MTA is not commenting on the rumors, which were reported this week in amNY and various transit blogs. A spokesman said Wednesday that MTA officials are “reviewing the package of service reductions that was adopted by our board in December, but I cannot speak to any individual cuts or restorations to services on any of the lines individually as the process is going.”

According to the reports, the MTA would eliminate the M line, which currently terminates at Metropolitan Avenue in Middle Village. The service reduction package contained within the MTA’s doomsday budget adopted in December already includes cutting M service to Brooklyn. The M line would be replaced by the V line in northern Brooklyn through Ridgewood and Middle Village.

In response to the rumors, Councilwoman Elizabeth Crowley (D-Middle Village) said she hopes the service reductions don’t unfairly impact Queens commuters. “Clearly, the MTA needs to be reminded that the people of Western Queens need transit too,” she said in a statement to The Forum. “While the MTA brainstorms a makeover for its doomsday cuts, I hope they will consider sharing the burden with Manhattan riders rather than continually eliminating options for the Queens riders.”

Vincent Arcuri, chairman of Community Board 5, said his Transportation Committee is looking into the situation. He noted that the V line currently provides greater overnight and rush hour service than the M train. “During rush hour you can wait for three trains from lower Manhattan before you get an M,” said Arcuri. “We’ll have to analyze it. I would hope they wouldn’t adjust the schedule down if it went that way.”

According to the MTA, a series of public hearings would be held once any official decisions are made regarding service changes. “We’re a few steps out before anything takes place,” added the spokesman, Aaron Donovan. “Now that we have a little more time to evaluate the cuts, we’re taking a closer look at them.”

Residents Warned to be Alert Following Burglaries

Following a rash of residential burglaries over the past month, Assemblyman Mike Miller is urging residents to take steps to ensure their homes aren’t easy targets for criminals.

Miller (D-Woodhaven) is reminding his constituents to take simple but important precautions such as leaving a light on when you’re not home, having your key ready as you approach your door, covering and locking windows and using a chain bolt when opening the door to strangers. While on vacation, residents should set automatic light timers and have mail and deliveries stopped.

“These tips are essential to protect you and your family,” said Miller. “By staying alert and implementing these simple suggestions, we can work together to make our community safer.”

The reminder comes after a number of home invasions were reported in December within the confines of the 106th Precinct, specifically in Ozone Park, South Ozone Park and South Richmond Hill. Officers of the Community Affairs Units of the 104th Precinct and 102nd Precinct, parts of which are within Miller’s district, say their areas have not seen a similar spike in homes invasions over the past month.

Among the reported burglaries were five incidents in the area stretching from Aqueduct Race Track to 130th Street and from Rockaway Boulevard to the North Conduit. In one case, a 123rd Street homeowner awoke to find two burglars inside his house. One fled the scene, but the other was arrested after the homeowner confronted him.

Later last month, it was reported that police have arrested nine individuals in connection with the burglaries. Arrests were made throughout the neighborhoods that were hit hardest by the burglaries.

Residents can have a crime prevention survey of their home conducted for free by contacting the precinct at (718) 845-2223.

This Week's Forum West and South

Some Area Libraries Slated to Close on Weekends

Budget Woes Force Queens Library to Reduce Hours

By Conor Greene

Starting next month, fourteen Queens Library branches will only be open from Monday through Friday, with weekend hours eliminated due to budget constraints. The effected locations include Ridgewood, Kew Garden Hills, North Forest Park and Ozone Park.

According to a release issued by Queens Library, the decision was necessitated by reductions in city and state funding over the past two years. “Reducing service hours is a painful course of action,” said Queens Library CEO Thomas Galante. “Queens Library has been in a hiring freeze that began in 2008. At this time, we are forced to reduce our service schedules as our workforce has been reduced.”

The other libraries to be closed on weekends beginning February 1 are: Arverne, Astoria, Baisley Park, Court Square, East Elmhurst, Lefrak City, Queensboro Hill, South Hollis and Windsor Park. All other locations will maintain their current service levels, including from 10 a.m. to 5:30 p.m. on Saturdays. In addition, Queens Library at Central in Jamaica is open on Sundays from noon to 5 p.m. Many services are also available online at queenslibrary.org.

News of the service reductions didn’t sit well with local elected officials, some of whom successfully fought against a similar plan last spring. Councilwoman Elizabeth Crowley (D-Middle Village), who represents Ridgewood, said that keeping educational services running effectively for families will be a top priority in the upcoming budget discussions.

”It is disappointing that the Queens Library – with the largest attendance in the country – has to suffer weekend hour reductions after the City Council worked tirelessly to restore funding to keep hours open and to provide much needed upgrades,” said Crowley, who led a rally in April in front of the North Forest Park branch as a result of planned reductions at that time. She also provided $800,000 in funding for renovations at the Ridgewood branch, which are currently in progress, along with $400,000 for upgrades at the Glendale branch.

Jimmy Van Bramer, who served as the library’s director of external affairs before winning November’s election to represent the 26th District on City Council, echoed the sentiment that the reductions are not acceptable. “I have long been an advocate for strong, well-funded neighborhood libraries,” said Van Bramer (D-Sunnyside). “It is unacceptable for any library to close and I will work tirelessly with my colleagues and the Queens Library to enhance library services all across my district.”

In the Ozone Park area, Councilman Eric Ulrich agreed that the hour reductions are disappointing. However, he said residents must be realistic given the economic climate and should be prepared for further budget cuts that could impact a variety of city services. He noted that one branch was picked from every City Council district and reminded residents they can travel to other local branches such as Howard Beach or Richmond Hill for Saturday service.

“I’m very disappointed, however I do believe this is just a sign of the times,” said Ulrich (R-Ozone Park), who recently provided $1 million for capital improvements at the Ozone Park, Howard Beach and Broad Channel branches. “While we certainly want every library to be open six days a week, given the economic situation the city and state is currently in, it is just not feasible or sustainable to keep every library open six days a week… We have to make very difficult decisions, and these are not decisions that people are going to be happy with but will have to accept them because of the position we’re in.”

Queens Library is an independent, not-for-profit corporation serving a population of 2.2 million residents. With a record 23 million items in circulation for fiscal year 2009, the library has the highest circulation of any public library system in the nation and one of the highest in the world. For details, visit queenslibrary.org or call (718) 990-0700.

Governor to Legislators: Let's Decide on Aqueduct Redevelopment

Paterson Vows Decision by Week’s End

By Patricia Adams

Gov. Paterson says he won’t wait beyond this week to choose an operator for the video gaming facility at Aqueduct Racetrack.

Paterson announced his intentions to reporters at a New Year’s open house at the Governor’s Mansion. "What I am probably going to do in the next week or so is to pick one myself and try to publicly persuade them to embrace this decision."

According to the proposal, Paterson and the leaders of the Assembly and Senate must all agree on a VLT operator. But the lawmakers have been in a stalemate for months over which of the bidders will be chosen to run the long anticipated Racino.

Paterson blames legislative leaders because they have not been able to reach a decision, while the lawmakers blame the governor for the stall in the process. Critics of the so-far failed project have much to hang their hats on. Beginning with a collapsed deal after making an initial selection of Delaware North back in October 2008, the state has continued to fall further into deficit. The expected revenue loss without a deal is $1 million per day.

Senator Joe Addabbo says he has made repeated requests to the governor’s office to make a choice. “Aqueduct is not a priority to this governor,” Addabbo said in an interview with The Forum. “There is no rational reason why a decision has not been made.” Addabbo says his criticism is based on the fact that lawmakers have had all the necessary information on bidders for six months. “We have every piece of information on the bidders to make a decision. We can’t get started without some type of decision.

Addabbo says he is frustrated over the fact that so much revenue has been lost during the standstill and that many jobs would have been created long ago to help the local economy. “The legislature must make a decision and move forward. Whoever the vendor is, we will work with them to provide the best plan for the state and most importantly for the community that surrounds Aqueduct.”

Sate Assemblywoman Audrey Pheffer shares some of the senator’s concerns. “His [Paterson’s] decision is what we’ve been waiting for.” Pheffer says that although the governor, the Assembly speaker and the senate president must agree on a choice, with a preference by the governor the three heads of state will have something concrete to talk about. “What this is really about,” said Pheffer, “is agreeing on a vendor and then working to make sure they are good neighbors to the community.

No matter where opinions weigh in on the decision, one thing is for sure — every day of delay costs the state a tremendous amount of revenue. With the governor’s promised deadline within days, those who have been involved in the process hope the end is in sight.

“After a decision is made,” said Addabbo, “The winning bidder will have up to 90 days before an actual payment to the state is made.” That amount of time says the senator is dangerously close to the end of this fiscal year. “We included the $200 million dollar upfront payment from the winner in the state’s deficit reduction plan we passed in December. We need that money before the end of this fiscal year.”

Concerns at NYRA continue to grow and the agency warned last month they may not have the capital to run the Belmont Stakes in the spring if they do not start receiving revenue from the VLTs. New York State Comptroller Tom DiNapoli has since launched an audit of NYRA whom official say they hope will comply.

Ulrich, Fellow Republicans Sworn in by Bloomberg

Republicans Hold Most Council Seats in Decade

By Patricia Adams

City Council member Eric Ulrich was among 5 Republican minority caucus members sworn in by Mayor Bloomberg last Wednesday. Following the ceremony, Minority Leader James Oddo, Council members Eric Ulrich and Vincent Ignizio and Councilmen-elect Dan Halloran and Peter Koo took an oath of office presided over by the office of the city clerk.

The “GOP five” asked Bloomberg to preside over the swearing in and the mayor accepted, congratulating the Republicans on their historic membership increase—two more Republicans were elected to the council than last term; the council now has more Republican members than it has had over the past ten years.

"I would be shocked if you guys didn't make an enormous contribution," Bloomberg said at the ceremony. “We’re going to work together. Not as Republicans, not as Independents, not as Democrats, but as New Yorkers.”

Councilmember Ulrich said he was looking forward to working closely with his Republican colleagues and the rest of the council in the upcoming term. “I am honored to have been given the opportunity to serve my community,” Ulrich said. “I think with the increased minority presence in the council we will have great success in advancing common sense legislation and policies and help the council strive for more bipartisan leadership.”

The entire city council was officially sworn in on January 6.

Barbara Sheehan Returns to Court

The defense team for Barbara Sheehan returned to court on Tuesday, this time appearing before the new judge in the case, Justice Richard Buchter. Following the departure from the case of Justice Arthur Cooperman, defense attorney Michael Dowd seemed more optimistic about his client facing trial presided over by Buchter.

“I feel that with Judge Buchter she [Barbara] will get a fair trial. He’s a reasonable man and I know he will keep an open mind.” Although it is unlikely, Dowd is still hopeful that Butcher will overturn a decision by Cooperman which prohibits the introduction of expert testimony as part of Sheehan’s defense.

The controversial decision was made by Cooperman in November, two months before he officially resigned from the bench at the end of the year. Attorneys for Sheehan say their case was derailed by Cooperman’s decision to exclude testimony from psychologists in the field of domestic violence; and that it will be very difficult to present an accurate picture of the situation to the jury without the benefit of expert testimony.

Sheehan is scheduled to return to court on February 24. She faces murder charges in the 2008 shooting death of her husband, Raymond. No date has yet been set for trial.

Teacher Busted in Online Sex Sting

A 27-year-old Brooklyn high school teacher has admitted to attempting to arrange a sexual rendezvous with a person he met online and believed to be a 14-year-old girl.

Alexander D. Kravitz, of 2107 East 7th Street in Brooklyn and a teacher at William E. Grady Vocational High School in Brighton Beach, pleaded guilty on Monday to first-degree attempted dissemination of indecent material to a minor. He is expected to receive 90 days in jail and five years’ probation when sentenced on February 24 and will be forced to surrender his state teaching credentials and computer and register as a sex offender.

“This case underscores the crucial importance of Internet surveillance initiatives by law enforcement to protect our children from sexual predators and should serve as a warning to parents to closely monitor their children’s Internet access and activities,” said Queens District Attorney Richard Brown. “It is particularly disturbing that the defendant in this case was a teacher who is entrusted to look out for the well-being of children.”

According to the charges, an NYPD vice detective was operating in his undercover persona as a 14-year-old girl from Queens between Nov. 13, 2008 and Jan. 7, 2009, during which time he received numerous instant messages from the defendant, who was using the screen name EVRYDAYGURLS. The defendant’s messages were sexual in nature and, on at least two occasions, included live video of him masturbating.

Kravitz was arrested when he appeared at a pre-arranged Queens location for what he believed would be a sexual encounter with the 14-year-old girl with whom he had been instant messaging. He was taken into custody after approaching a female undercover police officer and identifying himself as the person from the online chats.

This Week's Forum South and West

The Year in Review: A Local Look Back at 2009

(click on each image to enlarge individual pages)

This Week's Forum South and West

Operation Date Night: Local Teens Give Military Couples Quality Time Together

By Patricia Adams

The season of thoughtfulness and giving is upon us, and for three sisters from Howard Beach, the spirit of the season has been raised to another level—one they say they intend to keep up.

The Connolly ladies, Rachel, 16, Joanna, 15, and Shannon, 13 say their experience as a “military family”—brother Gerard is a West Point cadet—has made them very aware of the stress and pressure that military personnel face when confronted with being away from their loved ones and families. They are especially concerned with young, married military couples who are often separated during their tours of duty and who have very little quality time together.

“We just wanted to come up with a way for some of these troops to have something special,” said Rachel. “To have a night where they could go out on the town and forget about everything but each other and having a wonderful time.”

And so after many hours of conversation and planning the Connolly sisters came up with “Operation Date Night.” The concept provides for a military couple who are nominated by other troops at the base where they are stationed to be chosen for a night out on the town. Joanna Connolly says that she and her family were inspired by the date night that President Obama and his wife spent in New York.

“It just got us thinking. The Obama’s called attention to the fact that spending time like that is important to all couples,” said Joanna. She also pointed out that there is a very high divorce rate among military couples because of the stress and responsibility that comes with the job.

“They have very little time together and we think something like this could really help.” Rachel Connolly explained. “It gives them the opportunity to go out and have a great time with nothing to worry about—especially finances for the night.”

Worrying about nothing is a great way to describe the evening the girls set up for their first couple, Staff Sgt. Michael Bacon, 28, and his wife, Kim, 25, who were overwhelmingly chosen by fellow military staffers at their home base in Fort Hamilton, Brooklyn.

Sgt. Bacon serves in the Military Police and recently returned from his second tour in Iraq. While on his first tour which began in 2007, he was shot in the line of duty and awarded the Purple Heart. The couple also celebrated their two year wedding anniversary just days before they went on their memorable date.

The couple was picked up at the army base in Ft. Hamilton by a white stretch limousine, donated by Designer Limousine and whisked off for dinner at Howard Beach’s exclusive Italian/Mediterranean restaurant, Vetro by Russo’s on the Bay. After dinner they were driven to Manhattan’s Broadway where they were treated to a performance of In the Heights. The theater tickets were donated by the USO.

Shannon Connolly was first to praise the restaurant for their willingness to donate a wonderful dinner to help out with Operation Date Night. “The food here is so wonderful and the restaurant and the lounge — everything is so beautiful — you would have to feel special here.”

And feeling special is exactly what the Bacon’s did. “It’s so nice to be appreciated like this,” said Sgt. Mike Bacon. “This is an experience that we will never forget. It is a chance for my wife and I to enjoy ourselves and just to be alone without a care in the world.”

“I would like to thank Rachel, Joanna and Shannon and everyone for doing this for us,” said Kim Bacon. “The restaurant is the most beautiful one I have ever seen. What an unbelievable way to celebrate our anniversary and the upcoming holidays.”

If it’s up to the Connolly’s Operation Date Night will continue with more and more troops being invited to escape everyday military life. “We hope this can go on forever,” said Rachel Connolly. “It’s such a good thing for everyone.”

The girls say that Vetro will continue to donate the dinners and they will continue to seek donations from limo companies. Vetro owner Frank Russo says he is very leased to be able to help out and looks forward to hosting many more couples at his restaurant. “This is a phenomenal thing that these girls have done. Putting this together is something we should all be very proud of them for.”

Officials Vow to Again Fight Proposed MTA Cuts

W, Z Trains, Q56 Bus Among Threatened Lines

By Conor Greene

With a sense of déjà vu, elected officials and community leaders again find themselves fighting against proposed service cuts that are included in the budget plan recently approved by the MTA.

The MTA’s budget plan, unanimously approved last Wednesday, was forced to address a $383 million gap that developed over the past two weeks as a result of state budget cuts and lower than expected tax revenues. To close this gap, the MTA’s budget plan includes elimination of student discount, cuts to the Access-A-Ride program, elimination of the Cross Bay Bridge toll rebate program and service cuts along some bus and subway lines.

Among the proposed service cuts are elimination of the W and Z trains and more than a dozen borough bus lines, including the Q56, which runs along Jamaica Avenue. While this results in a redundancy of services in some ways, residents and officials say having both a bus and train option along Jamaica Avenue is essential for senior citizens, the handicapped, families and customers.

In addition to elimination of the W and Z trains and the Q56 bus, frequency of the J train would be reduced, and the following bus lines would be eliminated: Q24, Q30, Q31, Q41, Q42, Q84, Q74, Q75, Q76, Q110, QM4, Q21 and X28.

To draw attention to the cuts, officials including Assemblyman Mike Miller, Councilman Eric Ulrich, Councilwoman Elizabeth Crowley and Assemblyman Rory Lancman gathered on Tuesday and urged the MTA to reconsider. “It is going to have a major impact on Woodhaven and Richmond Hill,” said Miller. “It doesn’t make sense – why would you cut the mode of transportation the majority of the community uses?”

For many seniors, the bus is essential because it is difficult for many to climb the several dozen stairs leading to the elevated train stations along the J line. “We know that cuts have to be made. Let’s start at the top and work our way down,” added Miller.

Lancman noted that his district is being threatened with elimination of the Q74 bus, which brings students to Queens College. He recalled that during the last round of budget negotiations and threatened service cuts, legislators agreed to implement a payroll tax to fund the authority. “That was a bitter pill for our economy to swallow… but we were assured by that MTA that was what as needed to prevent the cuts we’re talking about today,” he said, calling the authority a “very sloppily run organization.”

“The MTA needs to start at the top and make itself a well-run organization,” added Lancman. “Then maybe we can talk about the need for sensible service cuts. The focus of this conversation has to be about how the MTA is going to reform itself.”

Crowley said that Councilman James Vacca has devised a plan to avoid the cuts by instead reallocating $140 million of capital funds to temporarily close the budget gap. The funds would come from two sources: more than $90 million in unspent federal stimulus aid that may be allocated towards operating expenses, and about $50 million in MTA operating funds that are currently being used to supplement the capital budget.

Ulrich called the service cuts “a slap in the face of the working men and women of this city” and said they target the “most vulnerable” including students and seniors. “They are telling us they don’t care about Woodhaven, and to me that is the biggest disgrace,” he said.

Maria Thomson of the Greater Woodhaven Development Corp. reminded those in attendance at Tuesday’s press conference that the same fight was waged just last year. Since Jamaica Avenue’s Business Improvement District stretches for 25 blocks, Thomson argued that having bus service along the shopping corridor is essential. “We’re going to make the MTA care [about Woodhaven] because we’re going to fight for this,” she vowed.

In a statement announcing the budget decision, MTA Chairman and CEO Jay Walder said that it is impossible not to have service cuts that impact people when $400 million is taken from the budget overnight, but recognized the need to restore the public’s confidence in the beleaguered authority.

“We have a responsibility to assure our customers and taxpayers that every dollar they sent to the MTA is used as effectively as possible,” he said. “We can’t say that today, and that is why we have to fundamentally change the way that we do business. In short, we must take this place apart to find the efficiencies that will make it stronger. We can’t do it fast enough to take off the table the things we’re taking about today, but this effort is our best chance to restore the MTA’s credibility and protect the critical services we provide.”

New Bake Sale Regs Frustrate Students

Restricts Fundraisers Held by Clubs and Teams

By Conor Greene

Fundraising efforts for public school clubs and sports teams has been severely hampered by a new chancellor’s regulation banning bake sales during lunch periods. A group of students representing nearly a dozen schools citywide have launched a petition drive in response to the new rules, which they say were implemented without warning.

Whitestone resident and Bronx High School of Science student Matthew Melore recently attended a Community Board 5 meeting with colleague Seth Hoffman to spread word about the new regulation, and the impact it is having on students. Fundraisers involving food are now only allowed during non-lunch periods, and since most students don’t have free periods at that time, it is difficult for clubs and teams to have enough members available to hold a bake sale, or make money due to the lack of hallway foot traffic.

“There is a better way of getting healthy foods to students than getting rid of bake sales, which we need for clubs and teams to raise money,” said Melore. “It’s had a really big impact on clubs, which have to come up with other ways, or they run out of money.”

The problem has impacted sports teams, especially at smaller schools where funding has been cut or eliminated in recent years. As a result of those budget cuts, sports teams at smaller schools have relied on fundraisers to pay for equipment and other costs.

Adding insult to injury, said Melore, is that the new regulations were passed in the summer, at which time approval from the Panel on Educational Policy was not required. In addition, many schools, including his, were not even aware of the new rules until September, by which time clubs and teams had budgeted for the year based on expected bake sale revenues.

“It was passed without warning,” said Melore. “Getting rid of bake sales and fundraisers is not solving the problem. A cupcake once in a while is not a bad thing to do, and most of the food that students get that’s bad, they get at home, not at school… In my opinion, and many others, the regulation that was passed is not even legitimate.” He notes that it was “hastily written” before mayoral control of schools expired, and was “enacted in such a haste that the Nutritional Guidelines that were a key part of the legislation were not even incorporated until late October.”

After hearing from the students, Community Board 5 passed a resolution supporting their petition drive. So far, Melore and Hoffman have visited three boards, and in all, students from 11 schools have collected 5,000 signatures on the petitions. The students’ goal, said Melore, is to convince officials that the rules should be revised so that bake sales can be regulated, but still provide students with a way to fund raise for teams and clubs.

In a statement, a Department of Education spokesman said that the new rules were co-developed with the Department of Health and represents an important step in combating childhood obesity and ensuring that students develop healthy eating habits. “The city and country are confronting an obesity epidemic the proportions of which are difficult to overstate,” the spokesman wrote. “It is our responsibility to make sure schools are a part of the solution rather than part of the problem.”

At the same time, the DOE is working to increase students’ access to athletic programs, expand physical fitness education in schools and make sure the city’s school lunches are some of the most nutritious in the country, the spokesman added. However, recognizing that the policy “might affect students’ and parents’ ability to raise money for their schools,” the DOE is “in the process of working with the Department of Health to see how we can maintain our commitment to combating obesity without putting onerous restrictions on student fundraisers.”

Another aspect of the new wellness policy involves a new city contract for school vending machines, the department noted. In October, the school board approved two new contracts for machines that will only sell foods and beverages that meet strict nutritional guidelines. The millions of dollars in revenue that the machines will produce will help fund the city’s middle and high school athletic leagues, the spokesman said.

This Week's Forum South and West

The Second Time Around: A Solider Returns to War

By Patricia Adams

Sean McCabe described his flight to Baghdad with one word: nerve-wracking. The journey actually started twenty-one months before when he enlisted in the United States Army in April of 2004.

“It’s a long flight. We left around 8 o'clock at night. We flew from Ft. Hood, Texas to Maine. From Maine we went to Frankfurt Germany and then on to Kuwait.” It wasn’t long after arriving that Sean realized just how very far he was from home. “We were on a training exercise in the desert… sleeping in a foxhole. When we woke up there was a thick mist over the sand and a couple of feet away from our trench, out of nowhere, there was a goat herder saying his morning prayers—I looked at my buddy and all I could say was, ‘This ‘aint Queens’.”

After a few weeks the unit flew the last leg of their trip. “We got to Baghdad at 8:46 PM on December 24, 2005—it was the farthest thing from Christmas Eve you could ever imagine.”

Now, nearly four years later, Sean McCabe will celebrate Christmas Eve at home with his entire family including future wife Melanie Castellano and their 15-month-old baby Kiera. But the memory of a Christmas past spent in the desert will call again on January 17, 2010 when Sean McCabe will journey as a soldier in the United States Army once again—this time to Afghanistan.

The McCabe family watched with anticipation, much like the rest of the nation, a December 2 speech by President Barack Obama, in which he outlined the details of a plan that would send 30,000 additional troops off to war. In the prime-time speech delivered from West Point, the President also told the American public that the same troops will start leaving Afghanistan long before the end of his first term.

Despite the dire warnings of more troops being deployed, no one at the McCabe house expected what was to come in the mailbox the next day. “When you enlist you are committed to the Army for the next eight years of your life,” Sean explained. “I didn’t expect to get notified the day after the speech, but I always knew there was a chance that this day would come.” And so after spending the last two and a half years as an inactive ready reserve, Sean McCabe is going back to war.

In the midst of his world as a soon-to-be-husband—Sean will marry his sweetheart Melanie on December 27—father, Community Board 10 member, firefighter hopeful and a host of other things, Sean McCabe will ship out to begin his second tour with orders that say he will be coming home within 400 days.

“Going back is not something I would say I want to do — I’m going to leave my wife and baby behind this time—that makes it so much harder.” But despite the emotional ties of his current situation, Sean rationalizes his position, “Nobody wants us to go. If they didn’t need us, they wouldn’t call us.”



In response to the many people who are opposed to additional troops being deployed, Sean McCabe says he understands the way people think. “It’s very difficult for the American public to understand what’s going on. But, when you are there and you see these people you start to understand. They’re hardworking and trying to provide for their families in the middle of war and chaos. We are the United States of America, the greatest country in the world. We can fix this and we belong there.”

Much of Sean’s duties overseas he expects will be along similar lines to his first tour. “I will be in a special operations command,” but he further explains how a unit doesn’t generally have the details of their mission much beforehand. “We never know exactly where we are going and what we are doing until that moment is upon us.”

What he does know from past experience is that for about 98% of the time he spends away he will be — his buddies at his side—in harm’s way. “One of the most valuable lessons I learned the first time over was the difference between a snap and a “whizz”. You always want a “whizz”.” The “whizz” is then defined by McCabe as the sound a bullet makes as it flies past you. A snap is the sound of a bullet as it breaks the sound barrier—usually within inches of your head. Sean McCabe chuckles, “You see my point about the “whizz” over the snap right?”

There are many things Sean McCabe says will get him through. “First of all, I am never without friends. Within minutes of my first shipment of vacuum-sealed homemade brownies from Aunt Pat, guys are knocking themselves out to protect me.”

Then there is what Sean says really kept him safe the last time and, ultimately what will get him through again. “A lot of guys do not have the family and the support system that I do. My family is always there to talk, to listen and to hold me up. They are my strength and my armor. Anyway as long as I’m back by St. Paddy’s Day 2011, it’s all good.”

Top: Among Kiera McCabe’s favorite times are those she spends in the "Airborne Division" her father runs in the family's living room. Left: Sean McCabe sits atop a tank with a buddy in one of few idle moments out in the Iraqi desert.

Concerns Over Burglaries, Railroad Security and Response Time in 104th Precinct

By Conor Greene

A number of concerns regarding the 104th Precinct were discussed at a public safety meeting this week, but with no officers in attendance, many of the questions remain unanswered.

Items slated for discussion at Tuesday’s Community Board 5 Public Safety Committee meeting included a review of the precinct’s current staffing levels, updates on crime statistics and concerns over the safety of freight train cars passing through the area.

A member of the precinct’s Community Affairs Unit said on Wednesday that “conflicts in our schedule” prevented the precinct from sending an officer to the meeting. Regardless, he noted that certain issues, such as staffing levels or personal assignments, are not discussed in public due to security concerns. One aspect of the precinct’s crime statistics that was discussed at length is an increase in burglaries, which is the only major crime that is up so far this year compared with 2008.

To date, there have been 415 reported break-ins, up more than 14 percent from the 363that had occurred at the same point last year. Over the past 28 years, burglaries are up more than 70 percent, with 46 reported this year compared with 27 last year.

All other major crimes are down this year compared with the same point in 2008, including robbery (263 to 290), grand larceny (464 to 515) and grand larceny auto (287 to 336). There has been one murder this year compared with four that occurred in two separate incidents last year, and there have been 13 rapes compared with 17 last year. However, all categories except murder are up over the past 28 day period, including double the amount of felony assaults (16 to eight) and grand larceny auto (25 to 18).

Another issue discussed in depth was security along the railroad corridors and train yards located within the community board’s confines. A representative for Assemblyman Mike Miller (D-Glendale) said that pushing the rail operator CSX to ensure that all necessary safety precautions are being taken is a top priority.

While nobody from the precinct was able to discuss sensitive issues such as staffing levels and response time, board members in attendance expressed concerns over both issues. Robert Holden, who chairs the Public Safety Committee and is president of the Juniper Park Civic Association, said he has been hearing complaints from neighbors that there aren’t enough officers to patrol the area or respond to crimes.

One problem, according to Holden, is that a patrol car dedicated to following up on prior crimes was nixed. That has led to a number of complaints from residents who said they had to wait “five, six, seven hours or longer” to report crimes. “We’ve been getting a lot of complaints about that,” he said, adding that the problem will likely be compounded when officers are reassigned for the upcoming terror trials in Manhattan. “That is going to overburden our precinct, which is understaffed already,” he said.

Another complaint from residents, said Holden, is officers discouraging victims from filing police reports. Several residents complained about both of these issues at recent civic meetings, leading Holden to wonder, “How often is it happening?”

Ridgewood North Historic District Approved

By Conor Greene

After extensive lobbying by community members and elected officials, the City Council has overwhelmingly approved the Ridgewood North Historic District.

The vote earlier this month brings citywide recognition to one of the neighborhood’s most distinctive aspects: blocks of multi-family homes built starting in 1908. Known as Mathews Flats because they were built by the G.X Mathews Company, the homes provided affordable housing for working class residents.

The Ridgewood North Historic District (RNHD) includes 96 buildings on former farmland along Gates, Fairview, Grandview and Forest avenues and Woodbine and Palmetto streets. The three-story buildings were constructed in long rows of repeated designs with buff-and-amber-colored brick facades and each included six separate residential apartments featuring a full bathroom.

The homes marked a departure from the overcrowded living conditions many immigrants and working-class residents were subjected to after the turn of the century. Central shafts provided ample light and fresh air, and the design was thought to be such an improvement over prior forms of affordable housing that they were exhibited at the Panama-Pacific Fair in 1915. The company, founded by German immigrants, ultimately built more 300 flats in Ridgewood and hundreds of other buildings throughout Queens.

News of City Council’s Nov. 30 approval of the district, during which 48 members voted in favor with one abstention, was welcomed by activists including Paul Kerzner, a lifelong Ridgewood resident who is hoping the city will ultimately landmark the 2,982 neighborhood buildings added to the state and federal historic registers in the 1980s. Next up is the Ridgewood South Historic District, which is currently awaiting approval from the city Landmarks Preservation Commission.

“This is just another chapter,” said Kerzner, adding that the effort is long from complete. “Some people have gotten the impression that this has taken care of all 2,983 buildings in the district… This is the second one they have approved, and the third is in the hopper. I’m very happy to see that we’re making progress.”

Kerzner noted it is important to recognize the neighborhood’s history so that it can be appreciated by future generations. “Ridgewood has always been a melting pot of new immigrants,” he said, making it fitting that its history of providing affordable housing is being recognized. New immigrants are often concerned with finding shelter and work, meaning many times it is “the next generation starts to appreciate the significance of getting historic designation” as they become more invested in the neighborhood.

Vincent Arcuri, chairman of Community Board 5, called the designation “a long time coming and well deserved.” He said that the borough has been “ignored for many years” in terms of preserving historic areas and structures, and as a result Queens has “lost too many of these” notable buildings. “I think it is good for the community’s pride, it’s good for property values, and it’s good for the young people to understand that we recognize our history,” he said. “If Paul Kerzner completes everything he started 15 years ago, we could have the largest historic district in the city.”

The next goal, said Arcuri, is to secure funding and approval for street signs to provide “real visual recognition” similar to the brown and white street signs in Greenwich Village. Arcuri is also looking forward planned to the Wyckoff Avenue reconstruction project, which will help create an inviting entrance way into the historic district.

In a statement, Councilwoman Elizabeth Crowley (D-Middle Village), who represents that portion of Ridgewood, called the approval “a long-awaited victory for many people in Queens.” Landmarks Preservation Commission Chairman Robert Tierney said the buildings are “innovative in plan, striking in style, and, remarkably, have remained unchanged since their completion nearly 100 years ago.”

Tour of Potential Dog Run Sites Planned

Two New Locations in JVP on Table

By Conor Greene

A tour of potential locations for a dog run in Juniper Valley Park is planned for Saturday, as the community attempts to come to an agreement on an appropriate place for a permanent, fenced in area for canines to exercise and socialize.

Members of the Juniper Valley Park Dog Association have pushed for a dog run within the area of the park near the baseball fields already used during off-leash hours, but the proposal has been met with opposition from some neighbors and park goers. Instead, two other areas of the park – behind the roller hockey rink’s bleachers and a spot near 80th Street will be investigated on Saturday, according to Kathy Masi of Community Board 5.

A third potential location – land adjacent to the CSX railroad tracks along 57th Road near 78th Street – was suggested by Councilwoman Elizabeth Crowley. While officials might look into it in the future, there are concerns that the area isn’t appropriate due to its proximity to homes and lack of parking, according to Robert Holden, president of the Juniper Park Civic Association.

Masi also sought to end rumors that space at Atlas Park in Glendale is being considered. Speculation began when Atlas Park was mentioned in an e-mail sent out by the board about the upcoming tour, but Masi said that was only mentioned when she raised the possibility of having a park in Glendale to the dog association members and is currently “not on the table.”

The issue has been a hot-button topic since the dog association first presented the plan to the community board more than a year ago, with some residents arguing that the current area used during off-leash hours (which would be eliminated if a dog run is built) is not appropriate because of its location in the middle of the park and due to damage dog urine has caused to nearby trees and plants.

Residents wanting to take part in Saturday’s investigation of the two new potential sites in Juniper Valley Park should meet at noon in front of Crowley’s office at 64-77 Dry Harbor Road. While Crowley is not attending the session, according to her press secretary, she vowed at last week’s CB 5 meeting to fund the project if an appropriate location is agreed upon. A Parks Department official is expected to attend the tour, according to Masi.

Newtown Historical Society Presents Flushing Avenue Photo Exhibit

The Newtown Historical Society is proud to present our first exhibit, “A Walk Down Flushing Avenue, 1929” at Maspeth Federal Savings, located at 58-15 69th Street in Maspeth, starting Monday, December 21st. This photo series is presented to create awareness and foster appreciation of the history of western Queens communities. The exhibit will be displayed in the windows of the recently renovated and upgraded bank building through the end of February and will be viewable from the street.

The photos represent a snapshot of life in Maspeth and Ridgewood on Nov. 1, 1929, just days after the “Black Tuesday” stock market crash that many associate with the beginning of the Great Depression. Several of the buildings featured in the series are still standing, with different uses today. The photos also offer a fascinating glimpse into how people from our communities went about their daily activities 80 years ago.

“Maspeth Federal Savings is pleased to host this photo series highlighting the history of Flushing Avenue and we look forward to working with the Newtown Historical Society to bring more educational exhibits to the public in the future,” said David Daraio, Assistant Vice President of Maspeth Federal Savings.

The Newtown Historical Society will be presenting more photo exhibits, as well as slideshows, lectures and walking tours throughout the upcoming year. Winter 2010 slideshows will include topics such as the development of western Queens neighborhoods, the story of the Newtown Pippin apple and the history of the Ridgewood Reservoir.

For more information about the Flushing Avenue photo exhibit or to join the Newtown Historical Society, visit newtownhistorical.org or call 718-366-3715.

Motion Denied at Sheehan Hearing

Howard Beach Woman Can't Use Battered Women's Defense

By Patricia Adams

Family members and friends filled a courtroom on Tuesday morning in support of Barbara Sheehan, the Howard Beach resident accused in the shooting death of her husband, Raymond, back in February of 2008.

On November 10, Justice Arthur Cooperman handed down a ruling which denies the use, by the defense, of expert testimony to establish a battered woman’s defense. The ruling was handed down because the court stated that Sheehan deliberately missed an interview with a psychologist for the prosecution.

But Sheehan’s team says they never missed the appointment--they informed the court and the prosecution they would not attend because they had not received a decision on a prior appeal they had filed. Tuesday’s hearing was to hear a decision on the motion made by the defense asking that the prior ruling would be overturned — thereby allowing for expert testimony during the trial.

Attorney Michael Dowd stood with his client before Justice Arthur Cooperman, awaiting a decision. After learning that the prosecution had not read the motion, the judge offered a copy of the 30-page document to Assistant District Attorney Debra Pomodore to “peruse”.

A few minutes later, the hope that Cooperman would overturn his November ruling was quickly dashed as he delivered his decision. Cooperman first spoke to Pomodore, “I presume the people are opposed.” After confirmation from the ADA the judge directed two words to Dowd and his client, “motion denied.”

Outside the courtroom Sheehan’s family and supporters remained collected but appeared disappointed. One neighbor shook her head, “I just can’t believe this keeps happening.” But Barbara Sheehan wasn’t surprised at the judge’s decision. “We’ve come back to court at least a dozen times over the last twenty-two months,” she said. “We haven’t gotten one favorable decision in all that time.”

Referring back to Tuesday’s decision by Cooperman, Sheehan said, “He [Cooperman] had the order to deny the motion fully prepared when he came into the courtroom, without even hearing from the prosecution. His mind was made up.”

Barbara Sheehan shrugged her shoulders, “We just keep trying.”

Michael Dowd was not so accepting of Cooperman’s decision. “It is a gross miscarriage of justice to deprive a woman, who, without question, was so violently abused, of her legal and constitutional rights to a fair trial.” Dowd continued to rail at the court’s decision, “To think there will be no expert testimony at the trial — where such testimony is essential to help jurors to really understand domestic abuse — is unprecedented.”

Sheehan’s parents, Mike and Barbara Henry were in the courtroom. “We cry a lot,” said Barbara Henry. We can’t say anything or do anything. It’s very frustrating and terribly upsetting. Nobody wants to hear what really happened.”

Also in the courtroom were Raymond Sheehan’s brother Vincent and sister-in-law Linda. Before the shooting it was Vincent and Linda Sheehan who helped Barbara seek help through a domestic violence hotline. Now the couple sat on the opposite side of the room from the group who came in support of Barbara Sheehan; Vincent and Linda Sheehan engaged in conversation, marked by laughter, with ADA Pomodore.

Although it appears that Justice Cooperman’s latest ruling in the Sheehan case will stand, he will not preside over the trial. Arthur Cooperman will officially retire from the bench at the end of December.

Barbara Sheehan is scheduled to return to court on January 5, 2010. She will appear before Judge Richard L. Buchter, who presided over the Nicholas “Fat Nick” Minucci trial in 2005 in the same Howard Beach community.

Before leaving the courthouse on Tuesday morning Michael Dowd labeled the actions of DA Brown’s office as disingenuous. “They’re hypocrites. This is a DA’s office that acts as though it were the champion of domestic violence. It’s laughable,” said Dowd. “You can’t act this way and engender the respect of the domestic violence community. You just can’t do it.” As for Tuesday’s ruling Dowd said, “It’s just another devastating blow to Barbara Sheehan and to her defense.”

City Council Stirs Up Sick Leave Controversy

Bill Would Require Small Business to Provide Paid Days Off

By Patricia Adams

A bill introduced by the City Council has fueled a strong two sided argument over proposed paid sick leave for employees. Intro No. 1059 would require NYC small and medium businesses, (SMB’s), to give workers, both full and part time, nine paid sick days.

Small business is defined in New York State as those enterprises who employee fewer than 100 people, while medium business can employ 500.

Supporters of the measure report that nearly one million New Yorkers of the city’s workforce do not receive any paid sick days. Finger pointing by advocates of the bill supports the idea that a lack of paid sick days contributes to poor health outcomes, the spread of contagious disease and lower productivity from workers.

The Community Service Society of New York (CSS), a 160 year-old institution whose focus is on fighting poverty and advancing public policy innovations for low-income New Yorkers says that workers without paid sick days are more likely to go to work when they are ill and also send their kids to school sick.

Proponents say that when workers without sick leave are faced with decisions about taking off from work, it is not their health that is the biggest contributing factor in their decision. Co-sponsor Councilmember Eric Ulrich says that people are going to work sick because they cannot afford to lose the day’s pay, perhaps even their job. “In times like these, people deserve the peace of mind and know that their hard work merits time off when they are sick,” Ulrich said, “Despite objections, this is not an entitlement. It’s time off that workers must earn.”

While small business owners say they understand the dilemma of employees, they are facing another set of challenges. Carl Hum, the president and CEO of the Brooklyn Chamber of Commerce expressed his views in a statement written on behalf of the 5 Boro Alliance, a coalition of Chambers throughout the five boroughs that is strongly opposed to the legislation.

“In response to the biggest economic crisis since the 1930s, many businesses, big and small, have already cut overhead, payroll and services. Add to that increased taxes (including the new mobility tax on payrolls to support the cash-poor Metropolitan Transportation Authority), increased water and electricity rates, and additional fines and fees, and it becomes clear why New York City is renowned for being a difficult and costly place to do business.”

Hum concluded by saying that the coalition’s real objection to the bill is not that employees do not deserve paid sick time. It is the “broad-stroke” approach that would mandate the business community under such legislation and remove all flexibility from business owners.

Now the city council seeks to enact a measure that has proven successful in other cities, namely San Francisco, where initial objections were similar to those being bantered about among New Yorkers. Prior to the enactment of the bill in San Francisco there were almost 120,000 workers without paid sick leave. Now, with the paid days in place, many of the business groups and skeptics who opposed the bill admit that it has posed very few problems for their members.

According to a report released by the Drum Major Institute, a non-partisan, non-profit think tank, the industry most affected by the new mandate in San Francisco, restaurant and hospitality businesses, saw strong growth relative to other counties in the region.

Although it is expected that the bill will be amended to include a lesser number of sick days than the nine originally proposed, the urgency of any inclusive measure is heightened by the infiltration of the swine flu.

“If we make serious considerations about the people most affected by this bill,” says Ulrich, “it is a sector of the workforce comprised of employees that have more public contact than any other.” Ulrich says that the restaurant and hotel workers have the largest potential to impact public health by coming to work sick. He also added that the same people would likely be the ones faced with the decision of having to send their sick children to school or daycare so they wouldn’t have to lose the day at work.

The city council's Civil Service and Labor Committee held a hearing on Intro.1059 back in November. A final vote has not been scheduled to be taken.

DEC Proposes Ozone Park Superfund Site Remedy

By Patricia Adams

The New York State Department of Environmental Conservation (NYSDEC), held a public meeting on December 9th to discuss the proposed remediation for contamination related to the Ozone Industries State Superfund Site. The site consists of eight bays beneath the abandoned elevated Long Island Railroad (LIRR) located across the street from 101-32 101st Street in Ozone Park.

New York’s State Superfund Program (SSF) is responsible for identifying sites suspected of being inactive hazardous waste disposal sites. Sites in the program are categorized as those that pose a significant threat both to public health and the environment. During the course of remediation, a proposed site will go through an investigation, evaluation, cleanup and then monitoring. NYSDEC generally attempts to identify parties responsible for site contamination and require cleanup before committing State funds.

In order to clean the Ozone Park site, the DEC says it will excavate contaminated shallow soils, construct and operate a soil vapor extraction system, and include the construction and operation of a sub-slab depressurization system (see definition below) in the disposal area. Groundwater monitoring is proposed for the contaminated groundwater plume and institutional controls would be imposed in the form of an environmental easement.

The following is an outline of the proposal by NYSDEC for cleaning up the site:

•The floors in Bays 8-15 would be removed and the contaminated shallow soils would be excavated and replaced, as much as practical, with clean backfill.

•A soil vapor extraction (SVE) system of vertical wells and a piping system would be constructed to collect vapors from the deeper soils.

•An active sub-slab depressurization (SSD) system would be constructed beneath the new floors in Bays 8 through 15 to collect subslab vapors. The sub-slab depressurization system basically consists of a fan or blower which draws air from the soil beneath a building and discharges it to the atmosphere through a series of collection and discharge pipes.

•A vapor intrusion mitigation program would be implemented to investigate and mitigate, if necessary, vapors in off-site adjacent structures.

•Monitoring of the impacted groundwater onsite and off-site would be conducted.

•Institutional controls in the form of an environmental easement would be required.

•A Site Management Plan would be developed.

•The property owner would provide a periodic certification that the institutional controls are in place.

•The operation of the components of the remedy would continue until the remedial objectives have been achieved, or until the NYSDEC determines that continued operation is technically impracticable or not feasible.

Before finalizing the remedy for the site, NYSDEC will consider public comment. The agency will also release a document known as a Record of Decision explaining why the particular remedy was selected. The document will also serve to address public comment. Following the states filing of the Record of Decision, the project will move into the design phase with cleanup action to follow.

Prior to 1998, The Ozone Industries Facility was sold in 1998 and prior to that manufactured aircraft parts including landing gear, hydraulic assemblies, aircraft steering assemblies and flight controls. The company rented several bays beneath the LIRR which were used to store spent trichloroethylene (TCE), hydraulic fluids, and scrap metal chips. It is believed that releases of solvents, oil and/or fluids may have occurred in one or more of these bays.

The Ozone Industries Site is located in a mixed commercial/industrial and residential area within a block bounded by 99th and 100th Streets to the east and west and by 101st and 103rd Avenues to the north and south. The bays on the property are owned by the City of New York and leased to various tenants for different uses.

If you would like to offer public comment you may do so until December 24. Submit your comments to: John Durnin, P. E. NYSDEC, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7016

Amalgamated Bank Opens Myrtle Avenue Branch

By Conor Greene

Residents have a new option in local banking with the opening of Amalgamated Bank on Myrtle Avenue in Ridgewood. The occasion was marked with a ribbon cutting ceremony Tuesday attended by a host of local residents and officials.

The bank touts itself as “America’s Labor Bank” and offers services that “work hard for working people.” The new branch at 56-29 Myrtle Avenue marks the borough’s third location, along with Flushing and Long Island City. The company plans to open two more branches in the coming year, including one planned for Maspeth in early 2010.



Derrick Cephas, president and executive officer of Amalgamated Bank, said the company was looking to expand into the “nice, stable, middle-income” neighborhoods of Queens. In particular, they were searching for a location that offers plenty of street traffic, small businesses and population density. “This fits the bill – great visibility and a nice location,” said Cephas. “You can’t beat it.”

He said Amalgamated offers all the various banking service the community needs at competitive terms. “We don’t try to get the last nickel out of the customer,” he said. Speaking before the subsequent ribbon-cutting, he elaborated on why Ridgewood is a good fit for the company. The bank was founded 85 years ago because many immigrants, especially Jewish and Italian, needed a bank that would do business with them. “That’s our founding, that’s our roots,” he said.

The bank provides many services to the community, including free workshops about topics like obtaining a mortgage and building credit, according to Keith Pilkington, executive vice president for marking and retail banking. “Especially in these times, that is really needed,” he said.

State Senator Joseph Addabbo (D-Ozone Park) called the opening of a new bank an indication the economy is turning the corner. “That’s a good sign,” he said, adding that it’s “an absolute challenge for someone like Amalgamated Bank to cut a ribbon today.”

Ted Renz, executive director of the Myrtle Avenue Business Improvement District, called Amalgamated “a bank with a rich social history” that will benefit the area. “It shows they really believe in the Ridgewood community and our commercial strip,” he said.

Top: Bank President Derrick Cephas cuts the ribbon on Amalgamated’s newest branch as staff members, elected officials and neighbors look on. Bottom: Ridgewood resident Andrew Bennett, one of three lucky raffle winners, is congratulated by Lona Gill of Amalgamated.