No Objections Raised During Rezoning Hearing

By Conor Greene

There were no major objections raised Monday during a public hearing on the city’s proposal to downzone 300 blocks in Maspeth, Middle Village and Glendale.

Community Board 5 members were expected to vote in favor of the Department of City Planning’s proposal, which is intended to prevent out-of-character development, at its meeting this past Wednesday. Borough President Helen Marshall was scheduled to hold her public hearing on Thursday, which would allow the proposal to then move on to the City Planning Commission for review before the City Council considers adopting it.

Residents and civic leaders have been frustrated that the downzoning effort, which required volunteers to survey the blocks property-by-property, languished for several years before the Department of City Planning (DCP) finally released it for public review last month. Councilwoman Elizabeth Crowley (D-Middle Village) said she hopes the new zoning measures would become law by early summer.

Once the City Council approves the rezoning, all new development projects would be subject to the updated zoning. Only projects in which the entire foundation is completed before the City Council vote would be allowed to continue under the current zoning, which has been in place since 1961.

The majority of the plan consists of replacing the existing zoning “with newer, lower density and contextual zoning district to more closely reflect the existing built form of the neighborhoods,” according to the DCP. At Monday’s hearing, Queens Director of City Planning John Young called this particular rezoning effort “very complex” and said it will eliminate the developer’s ability to tear down a one-or-two-family home and replace it with a large multi-family building, as is being done now.

“That was what was creating a lot of that overdevelopment pressure,” he said during the session in Christ the King High School. “The benefit for everybody... is that you can more clearly understand what should be happening on a lot.” While the measure isn’t going to prevent all future development, it will ensure that projects conform to what already exists on neighboring properties. “What comes there should look pretty much like the street that it’s on,” said Young.

An environmental assessment conducted by the DCP predicted that the rezoning will result in development on ten sites resulting in a net increase of 66 dwellings, along with a net increase of 13 square feet of commercial space.

The rezoning area is generally bounded by the Long Island Expressway to the north, Woodhaven Boulevard to the east, Forest Park and Mount Carmel Cemetery to the south and 59th Street to the West. City Planner Tom Smith explained that the project has been broken down into four smaller sections: eastern Glendale (20 blocks), western Glendale (90 blocks), Maspeth (125 blocks) and Middle Village (65 blocks).

Following the public hearing, CB 5’s executive committee discussed the proposal before voting 8-1 in favor of it. According to board member Robert Holden, a question was raised about the R5D zoning along Myrtle Avenue, which raises the allowable floor-to-area ration. Smith and Young told the board that the R5D zoning matches the buildings already existing along Myrtle Avenue.

In a statement, Crowley vowed to continue pushing for the rezoning to become law. “Before even taking office, I started working on downzoning because it is necessary for limiting overdevelopment; maintaining and strengthening the value of our homes and protecting the character of our community,” she said. “After three years, I am pleased that at my appeal the Department of City Planning has finally moved forward with the rezoning proposal.”

Specific details of the rezoning plan can be found on the DCP’s homepage by going to nyc.gov. In general, it replaces existing zones (R3-2, R4, R4B, R5, M1-1 and M1-4D) with lower density or contextual zoning districts (R3A, R4-1, R4A, R4B, R5B and R5D).

It also eliminates or reduces the depth of some commercial overlay zones to prevent commercial intrusion on residential blocks. In addition, several commercial overlays were added where appropriate to reflect current land uses and encourage retail continuity along prime shopping streets.

Graphic: A map shows the area included in the proposed rezoning (outlined in yellow), as well as the area rezoned in 2006 (outlined in blue).

Cyclist Killed While Riding for Charity

By Patricia Adams

A 40-year-old cyclist, raising money for charity, was killed after he collided with a 10-wheel-truck owned by the Metropolitan Lumber Company at Lefferts Boulevard and Jamaica Avenue.

Stephen Hodnett, a native of Dublin, was peddling around the globe to raise money for a project from the Lion’s Club of Canada. The goal of the fund raising - to facilitate the pairing of seeing-eye dogs with the blind.

Hodnett had cycled through other world cities on his mission. Among them were Paris, Moscow, Tokyo, and a host of others. According to published reports, one of Hodnett’s fellow “charity riders”, Gavin White of Newfoundland, told reporters that Hodnett “loved cycling” and that the bicycle he was riding had “been all over the world.”

The pair of athletes picked charities and rode along subway routes to promote it. Back in their hometowns they had enlisted the aid of family, friends and other contacts to sponsor their ride. They secured donations based on the number of subway stops they covered on the tour.

They had put off coming to New York in anticipation of how rewarding it would be. Their goal was to go to places that tourists would not likely frequent. Among their stops was Richmond Hill. Hodnett was rushed to Jamaica Hospital. He was pronounced dead, minutes after the crash.

Police say the driver is not facing any charges.

The Forum Newsgroup/photo by MICHAEL O’KANE

MTA Approves Scaled Back Fare Increases

By Conor Greene

The MTA will begin raising its fares and tolls in the coming months to reflect the increases approved this week by the transit authority’s board. The vote came days after the New York State Legislature reached a bailout agreement that results in more modest increases than initially proposed and eliminates the need for deep service cuts.

“Today we implemented a bittersweet solution that comes with additional pain for our customers, our employees and those who live and work in our region,” said board chairman Dale Hemmerdinger. “But it will – at least for the short term – prevent the Armageddon that loomed large when we last met.”

Under the plan, commuter rail fares will begin to increase on June 17, with the “vast majority” of tickets on the Long Island and MetroNorth railroads increasing between 9.75% and 10.75%. On June 28 fares on subways and buses will increase, with the single ride fare going from $2 to $2.25, a 12.5% increase. The 30-day unlimited MetroCard will increase almost 10% from $81 to $89. Finally, bridge and tunnel tolls will increase on July 12, when cash and EZ-Pass tolls increase by about 10%.

Before the Legislature approved a $2.26 billion bailout package, the MTA has warned of much greater fare increases and the elimination of bus and subway lines. “There’s nothing to be happy about,” said Hemmerdinger at the board’s meeting on Monday.

“The fare and toll increase passed today is not ideal, but it spares our customers from actions that would have been extraordinarily painful,” said Elliot G. Sander, who subsequently stepped down as MTA executive director and CEO. “Implementing severe fare increases and deep service cuts directly contradicts the MTA’s mission and my goals as CEO. It is a great relief to know we will be able to continue providing the service our customers expect at an affordable price.”

The bailout package doesn’t include tolls on East and Harlem river bridges, but does call for a surcharge on taxi cab rides and a payroll tax for employers in the 12 counties served by the MTA. Fares and tolls will rise again by 7.5% in 2011 and 2013 and the bailout provides enough funding to cover two years of the MTA’s five-year capital plan, which starts next year and funds basic maintenance including track and signal upgrades.

“Today’s agreement will allow commuters to avoid the painful service reductions approved by the MTA board earlier this year, and dramatically reduces the proposed fare and toll increases,” said Gov. David Paterson at a news conference last week announcing the bailout agreement.

Locally, residents and elected officials were relieved that service cuts, including elimination of the Q56 and Q74 bus lines, have been avoided.

Under the bailout agreement reached by lawmakers, Sander resigned as CEO and executive director. That position will be combined with the position of board chairman. Paterson has not yet announced if Hemmerdinger will remain on in that capacity.

Teenagers Mimic Terrorists

MS 202 Suspends Pair for YouTube Video

By Patricia Adams

Concerned parents describe themselves as both fearful and uneasy about what they say is not the behavior of “normal” teenagers. The parents were alarmed when they learned that at least four of the students at MS 202, all 13-year-old males of Middle Eastern decent, had produced and acted in videos mimicking the acts of terrorists and a range of violent, criminal activity.

Eleven separate videos credited to one of the students appear on YouTube.com. The videos are extremely graphic in nature, depicting violent criminal acts including drug deals gone wrong, car jacking, a surprise ambush and several on kidnapping and ransom. They were posted as far back as 7 months ago and in combination, have been viewed almost 6,000 times.

Of particular concern was one video entitled Ozone Park Ransom, in which one of the students, wearing a traditional Muslim prayer hat known as a Kufie, is seen holding a knife to the throat of another teen who is kneeling on the floor in front of him. The boy on the floor has been blindfolded with what appears to be white gauze. The video is eerily reminiscent of video in which Daniel Pearl, a Wall Street journalist, was beheaded by his captors after being kidnapped in 2002.

In the video, the student is identified in the video credits as IPU, demands 10 million dollars for the return of his “prisoner” played by ABZ. With a ghoulish grin the teenager repeatedly passes what appears to be a real knife across the throat of his “prisoner” and repeats his demands for money and threats of death over and over. The video ends with a chilling scream from the exhilarated “captor,” as he proclaims the name of Allah.

School administrators who notified the 106th pct. said that parents had reported concerns over the videos, bringing officers to the school. The videos were viewed by police authorities, and according to inside sources, were deemed to be of a distasteful nature, however, non-criminal. Parents who were present at the school were all advised of the serious nature of the situation and it was explained that the school would administer any disciplinary action.

Administrators at the school were thoroughly cooperative concerning inquiries made over the students involved. Principal William Fitzgerald told The Forum that, “two students acted inappropriately and they have been suspended.”

One parent said that despite the seriousness of the situation, it was important that the school community remain separated from the incidents having nothing to do with the school. “We can’t allow this deviate behavior to reflect how good this school is,” said the mother of two students at MS 202 who asked not to be named.

Attempts to contact the parents of the suspended students were unsuccessful as of press time.

A video posted on YouTube shows two local teens reinacting a hostage ransom video, which resembles a 2003 video of the murder of American journalist Daniel Pearl.

Renters Unwittingly Caught in Foreclosure Crisis

SENATOR WANTS BANKS TO GIVE 90 DAYS TO VACATE

By Conor Greene

Among the victims of the nation’s foreclosure crisis are renters who lose their home because the property owner fell behind on the mortgage payments.

Under the current law, these tenants are often given just ten days to move out, despite having paid the rent each month – something that State Senator Jeff Klein is hoping to change through a tenant notification bill. The law, which would require banks to give tenants 90 days to move out, was approved in the Senate by a vote of 37-25, and is pending in the Assembly.

“Tenants who pay their rent on time deserve better than to find themselves on the other end of a notice to evict in 10 days without any prior knowledge that their homes have been foreclosed on, through no fault of their own” said Klein (D-Bronx). “If we don’t stem the tide and protect the innocent victims of this crisis – the renters – they will be the new face of homelessness in New York City.”

Across the five boroughs, an average of 581 renters are evicted each month, and the Center for Housing Policy estimates that almost 20% of all foreclosures are rental properties. Due to fallout from the housing crisis, states including Ohio, Illinois, Minnesota, Maryland, Rhode Island, Michigan and California have also instigated stronger notification requirements to protect unwitting renters from becoming evicted without sufficient notice.

The numbers are particularly stark in Queens, which has been hit especially hard by the foreclosure crisis. There were 311 tenant eviction cases in the borough in April, compared to 101 in Brooklyn, 49 in the Bronx, 69 in Staten Island and 4 in Manhattan. Since December, there have been 1,789 tenants evicted due to foreclosures in Queens, accounting for more than half of the 2,907 total cases of tenants evicted citywide.

The new legislation stipulates that after taking possession of a home, the bank must notify tenants that they have no less than 90 days to vacate the foreclosed home. The bank or new property owner would also have to file proof that it provided the tenant of its intent to evict them. Currently, many renters are unaware that their homes have fallen into foreclosure until the bank assumes ownership after auction and provides the tenant a Notice to Petition for Holdover. Tenants must then move within 10 days under threat of a lawsuit.

“With much of the attention and focus on saving homeowners from losing their homes, thousands of renters have fallen through the cracks in the foreclosure crisis and are facing eviction with little or no notice, as well as bad marks on their credit histories which can prevent them from securing adequate housing for their families. This city’s hard working families deserve adequate notice and time to make life altering decisions.”

As part of his study, Klein also released a snapshot showing the top five banks responsible for evictions in New York City. Deutsche Bank, which received $11.8 billion in federal bailout funds, evicted residents 689 between December 2008 and April 2009.

“It is unconscionable for a financial institution accessing federal bailout money to be so unrelenting in evicting people from their homes,” said Lionel Ouellette, executive director of CHANGER, a non-profit housing group based in the city. “In order to avoid an even greater public health epidemic, foreclosure related evictions and foreclosure cases must come to a halt and financial institutions must engage in more aggressive loan modifications that include principal write downs.”

Klein speaks in support of legislation to protect renters who are immediately evicted once the property owner defaults on the loan. He is joined by City Councilman Thomas White (D-Jamaica), whose district has been hit particularly hard by the foreclosure crisis, and renter Lisa Brown, who was forced out of her Long Island rental home when the bank foreclosed on the property.

The Forum Newsgroup/photo courtesy of WILLIAM ALATRISTE

Senator Pushes for Sex Offender Notification

By Conor Greene

There are more than 3,400 sex offenders living in the five boroughs, and several lawmakers want the state to notify residents via e-mail every time one moves into their neighborhood.

“More and more families with young children are choosing to stay in New York City and raise their families. It would be near criminal to deny New Yorkers the added convenience of better protecting our children from the kind of unsavory individuals who are, in many cases, our neighbors,” said Senator Jeff Klein, who is calling on the state to adopt the legislation.

According to Klein (D-Bronx), an existing statewide emergency communication system managed by the Department of Homeland Security would make it easy to allow residents to register for e-mail notifications. Currently, residents who want up-to-date information on sex offenders in their communities must search the Sex Offender Registry maintained by the Division of Criminal Justice Services.

Assemblyman Rory Lancman (D-Fresh Meadows), who is sponsoring the bill in the Assembly, noted that New Yorkers are already able to get notification of traffic delays, storm warnings and other information from government agencies through the NY-Alert system. “The cost to merge this information into NY-Alert and notify New York parents when sex offenders move into their neighborhood is negligible, and the benefit is self-evident,” said Lancman.

As of May 4, there were 11,428 level-two-and-three sex offenders in the state’s registry, with an average of 15 residing in each city zip code. Of the 3,428 known sex offenders living in the city, 133 live in Staten Island, 1,197 in Brooklyn, 639 in Manhattan, 928 in the Bronx and 531 in Queens. While level two and three (moderate and high risk) offenders are listed on the state’s website, the information is constantly changing as new offenders are added and existing registrants update their information, noted Klein.

In addition, with offenders subject to the 12-year-old registration requirements being released from prison every day and an increasing number of crimes, such as sex trafficking, being added to the list of registerable offenses, the number of registered offenders is likely going to continue expanding in the coming months and years.

The Senate is expected to vote on the legislation on Monday.

This Week's Forum West and South

Questions Over Toxins on Proposed School Site

Civic Vows Legal Action Against City DOE

By Conor Greene

A month after the City Council approved a 1,100 seat high school in Maspeth, a local civic group continues to oppose the plan on the grounds that the proposed site is contaminated and not appropriate for the project.

The Juniper Park Civic Association is questioning the validity of City Council’s 38-10 vote on April 1, which gave the Department of Education the go-ahead to acquire the former Restaurant Depot site at 74th Street and 57th Avenue and move forward with the school. The $80 million project is intended to help provide desperately needed seats in the city’s most overcrowded district.

Specifically, the civic group is livid that the Environmental Impact Statement completed for the city wasn’t distributed to Community Board 5 or local community leaders. In addition, the report reviewed by City Council members before voting only contained a summary of the toxins found on the site and lacked information about specific levels.

“We’re saying that the City Council vote on April 2 was invalid because the council members didn’t see a [full report showing the exact] toxin levels,” said JPCA President Robert Holden. He noted that, despite also being a CB 5 member, he didn’t even receive the “sugar-coated” version of the report issued by the SCA until after the council vote. “We’re contending that we need an independent scientist to look at these figures.”

The JPCA opposed the project from the start because there already are two schools within three blocks of the site and due to congestion in the area. The proposal was also opposed by Community Board 5 (which eventually voted in favor of a resolution approving the school provided certain stipulations were met), Councilwoman Elizabeth Crowley (D-Middle Village) and the civic group Communities of Maspeth and Elmhurst Together.

Holden said the civic group has sent a formal letter to City Council Speaker Christine Quinn requesting that an independent group, such as a local university, be allowed to review the report and issue an opinion. “If Quinn doesn’t do anything, we are exploring legal actions to file an… injunction saying the vote was invalid. How could they vote if they didn’t get full information on buying a toxic site? I would rather believe scientists than hired hands from the SCA.”

The SCA maintains the materials found at the site, which includes semi-volatile compounds and heavy metals such as mercury, are typical of most properties around the city. The vapor barrier system, which creates an air-tight seal between the building and ground, is a “precautionary system to ensure that these contaminants can never enter the school building,” according to DOE spokesman William Havemann. The fumes would be removed from the site through pipes leading to the building’s roof.

However, at its meeting last Thursday, a scientist working on behalf of the JPCA questioned the SCA’s method and said the site should be classified a brownfield and fully remediated with clean soil. “It’s really a no-brainer. These things are bad and if they migrate to the surface they will get your kids sick,” Dr. James Cervino told the audience. “I’m not up here grandstanding, I’m telling you that a plastic sheet and Home Depot fan isn’t going to protect your children.”

Dr. Cervino, of Pace University and the Woods Hole Oceanographic Institution, later accused the SCA of making its decisions for the site based on money. “I think it’s egregious. It’s absolutely unthinkable that they would want to do something like this,” he said. “It’s all about money and not paying to remove the soil. It costs a lot of money to take the bad stuff out and bring clean fill in.”

He also ripped the process used by the SCA to reach this decision. “The number one problem I see with all these people who give approvals, with the powers that be, is that they’re just engineers,” said Cervino. “You need someone with training in environmental engineering and a degree in molecular biology [in order to have the] understanding of the sensitivity of human cells when exposed [to toxins]… If you have an understanding of how sensitive human cells are to the concentration of chemicals they want to leave there, any cancer specialist will tell you they are nuts.”

When asked if he would send his children to a school built on that property, Cervino responded, “Never in a million years.”

In a statement, the DOE stood by its process. “The Department of Education observes rigorous and very conservative standards in determining whether a site is suitable for school construction,” said Havemann. “Like all urban soil, the soil in Maspeth does contain some mild contaminants.”

Havemann accused the civic group – which has opposed a school at this site for a number of reasons – of using the issue of contaminated soil to create fear. “Some community members who strongly oppose the Maspeth High School are purposefully exaggerating the soil’s toxicity in order to stoke public fears and derail the project,” he wrote. “Parents in Maspeth and District 24 should know that the Maspeth High School will be completely safe for students and staff.” In response to claims that the site should be fully remediated, Havemann wrote: “Contrary to their assertions, soil remediation is not required at the Maspeth site, and would be a waste of taxpayer dollars.”

Crowley, who voted against the school but was criticized for not drumming up enough support from her colleagues to quash the plan, said the contamination issue wasn’t raised during hearings because cleaning up a former manufacturing site is “a given” within an urban setting. In a statement, she said the SCA must “purify the soil before they think about building a school on this property.”

On Tuesday, her chief of staff, Lydon Sleeper, said Crowley is requesting that the state Department of Environmental Conservation step in and review the city’s findings. “We want someone who is not a city organization or contracted by the city, which is why I think it’s important that the DEC come in and does it,” said Sleeper. “We want their view as to whether or not there should be remediation.”

However, despite the new questions over the site’s contamination, Sleeper doubts this will be enough to prevent the project from moving forward. “I don’t think this is enough to stop it. At the end of the day they are building a school on a [remediated] brownfield in the Bronx,” he said. “It may have delayed it for another month… but at the end of the day even the scientist is saying this is not a deal breaker… We want to get someone else looking at this who is accountable to the people and not accountable to the SCA. If they say there’s some cleanup needed, we’ll hold the SCA to that.”

At the JPCA meeting, State Senator Joseph Addabbo (D-Howard Beach) said he is considering pursing legislation that would require that stricter standards be followed for school construction at contaminated sites. “When you’re talking about health risks, the problem I have is that you are dealing with just one standard [for all projects],” he said.

And, despite the city’s assertions that the site is safe, Holden and many civic members remain unconvinced. “Of course we’re going to fight this. We’re not going to just take this” he told the audience in Our Lady of Hope last Thursday. “Information was withheld and toxic levels were withheld. These kids are going to be sitting there seven hours a day, nine months a year and we should give them a clean environment… All over the city, kids are getting sick. We don’t trust the city because they aren’t really looking out for us, or they wouldn’t have chosen this site to begin with.”

The "Power of Purple" Touches Howard Beach

By Patricia Adams

The First Annual Howard Beach Relay for Life officially got underway on Friday, when the town was “painted purple” in honor of those whose lives have been touched by cancer. The “Power of Purple” is a registered trademark at the American Cancer Society (ACS), and purple is the color that marks all ACS Relay for Life events; it is a symbol of hope. And for the community of Howard Beach, the color purple took on a whole new meaning on Friday.

Beginning the night before, event co-sponsors, Phyllis Inserillo and Melissa Fochetta stood in the rain with a crew of volunteers to hang purple bows from every tree along the Crossbay center median. The Howard Beach Columbus Day Foundation did a planting of purple flowers and hung bows at the Welcome to Howard Beach triangle. They also had purple lights strung on the center median trees. Frank Russo saw to it that Russo’s on the Bay was bathed in purple light. Children from three local schools wore purple and held mini relays throughout the day. Purple bagels replaced the usual fare at Sapienza’s, purple flags flew over Ragtime and there were purple ribbons, magnets, balloons and cupcakes all made to raise money toward the community’s lofty $100,000 dollar Relay goal.

But on Friday night, as Paint the Town Purple events for the day wound down, a crowd of Relay supporters gathered in the parking lot of St. Helen’s to mark the close of the day with a candle relay. The ceremony marked the end of a day that was filled not only with the color purple, but with an eagerness to participate and a new understanding of the power of hope.

Cancer survivor and ACS Relay honoree Mario Faulisi and his family were among those gathered at the candle ceremony. “I hope the people of Howard Beach realize how much their support means. The spirit they are showing is in many ways even more important than the money that keeps coming in,” said Faulisi. “If anyone doubts just how important public support against cancer is, they should ask me. I’m living proof.”

John Link, manager of Special Events for the ACS was on hand for all of the day’s events. “When this community is asked to do something, they really do it in a big way,” said Link. Howard Beach has really shown their HOPE today!” And as the crowd who had gathered looked up at Link’s urging they saw that the color purple had invaded the sky, casting lavender shadows and proving beyond the shadow of doubt—where there is purple, there is hope.

At the end of the day, the three local schools, MS 210, PS 146 and St. Helen’s, had raised over $6,700 and the Relayers of Howard Beach moved closer to their goal with more than $55,000 having already been raised. Paint the Town Purple will continue through the 1st Annual Howard Beach Relay for Life on June 13.

MTA Bailout Plan Likely

Huge Cuts, Fare Hikes Would Be Avoided

By Conor Greene

The doomsday budget scenario faced by the MTA has likely been averted thanks to a last-minute bailout package reached on Tuesday night by Gov. David Paterson and legislators in Albany. Officials say it will help avoid huge service cuts and fare hikes that had been threatened in recent months.

As of Wednesday morning the plan still needed approval from the state Senate, where Democrats hold a 32-30 majority. Under the bailout, announced by the governor, Assembly Speaker Sheldon Silver (D-Manhattan) and Senate Majority Leader Malcolm Smith (D-Queens), the cost of one-way subway and bus fare will likely increase from $2 to $2.50.

The MTA had proposed a doomsday budget that would have featured fare hikes of as much as 30% as a result of massive deficits the agency is facing. Under that scenario, the cost of a monthly unlimited MetroCard was to increase from $81 to $103. However, commuters are now facing fare and toll hikes of about 10%, and a monthly MetroCard will cost about $89.

In addition, the agreement includes a 50-cent taxi surcharge and a payroll tax. However, it will not require tolls on East and Harlem river bridges, though fares and toll will rise again by 7.5% in 2011 and 2013. The bailout provides enough funding to cover two years of the MTA’s five year capital plan, which starts next year and funds basic maintenance including upgrades to tracks and signals.

"Today's agreement will allow commuters to avoid the painful service reductions approved by the MTA Board earlier this year, and dramatically reduces the proposed fare and toll increases," said Gov. Paterson at a news conference. "This legislation will also allow the MTA's critical infrastructure rebuilding program to continue unimpeded at least through the end of 2011."

In a statement, MTA officials said the agreement allows the system to continuing operating without huge service cuts. “This resolution ensures that we can avoid the actions most painful to our customers and most detrimental to our ability to operate the transit system. We will begin working immediately to revise our budget and implement the reduced fare increase.”

State Senator Joseph Addabbo (D-Howard Beach) said on Wednesday morning that the bailout plan is a “necessity” that must be acted on. “We have to do this. We cannot rely on the MTA to raise fares by 24%. There are positives and negative, but all in all it will avoid service cuts in the area and provide stability in the MTA,” he said.

As part of the agreement, the MTA is subject to additional oversight, including forensic audits – something Addabbo has long being calling for and said was a crucial aspect of the plan. “It requires the MTA to undergo financial scrutiny and audits, and creates a more transparent and accountable MTA to the people of the district,” he said. “We’re certainly not going to be back here a year from now doing this again.”

In addition to huge fare hikes, the original doomsday budget floated by the MTA would have required the elimination of more than two dozen bus lines and several subway lines, longer wait times and overnight station closings. News that these drastic measures will likely be avoided was music to the ears of commuters who rely on routes such as the Q56 and Q74 bus lines and the elected officials who represent them.

“This is excellent news for all the constituents in my district, old and young, that rely on the Q74 bus to take them where they need to go,” said Assemblyman Rory Lancman. “The new agreement is very important for Queens, saving it from cuts to vital transit links like the Q74 and avoiding unfair and regressive bridge tolls.”

The bailout agreement doesn’t have support from any Republicans, but as of Wednesday morning Democrats were confident that they have enough party support to approve it. As of press time, the Senate was still “working out the final details” in preparation of a vote, according to Addabbo.

Schools Reopen in Wake of Swine Flu Outbreak

By Conor Greene

The two Queens schools closed by the swine flu outbreak reopened this week as life returns to normal for students and residents across the borough.

While more than 1,000 city residents reported symptoms associated with swine flu since the outbreak occurred, there have been 73 confirmed cases across the city, according to health officials. In addition, an intensive investigation of the newly identified virus, also known as H1N1 shows that cases in the city continue to be mild.

“We have looked daily at every hospital and every intensive care unit in the city within the past 10 days and we have yet to find a single patient with severe illness from H1N1,” said city Health Department Commissioner Dr. Thomas Frieden.

Frieden noted that the health department’s case count doesn’t reflect the actual number of citywide infections since those with mild symptoms don’t need to be tested for the virus. For example a survey completed by students and staff at St. Francis Prep High School – the epicenter of the outbreak in Queens – identified more than 1,000 likely cases, while there were just 69 confirmed cases there.

“The good news is that it is no more serious than a seasonal flu,” said Frieden on Monday at a news conference at St. Francis, where he was joined by Mayor Michael Bloomberg and Senate Majority Leader Malcolm Smith to welcome back the Fresh Meadow school’s 2,700 students. A total of 204 students had called out sick on Monday, but the majority stayed home just to be on the safe side, according to Headmaster Brother Leonard Conway. He said the students “have a lot of work to do” to make up for lost time.

“The important thing is for students and staff and for all New Yorkers across the city to continue to be calm and confident,” said Mayor Bloomberg. “I think weshould all go about our business.” He said the school staff’s response to the outbreak, which occurred after students returned from a trip to Mexico, “really is a good role model for all of us.” Using the school’s public address system, he welcomed the students back and thanked them for their patience.

In a letter sent home to parents, Conway stressed the need to “remain vigilant” and return to school only when healthy. He noted that while the virus only spread through person to person contact, the school has been completely sanitized.

Also reopening on Monday were St. Brigid’s in Bushwick, Good Shepherd in Marine Park and Bishop Kearney in Bensonhurst. In addition to the cases at St. Francis, there were also five confirmed cases at PS 177, which was set to reopen on Wednesday. On Long Island, the Deer Park Union Free School District is closed until May 10 as a result of three probable swine flu cases among students there.

Students returning to Prep were greeted by news reporters from outlets across the city and world. Some, like senior Kenny Mathieu, told the Daily News that he was glad to have the week off school, even thought it will be made up at the end of the school year. “It was like an extra spring break,” the 17-year-old said. Other, like Marie Baitto, said they were taking extra precautions just to be sure. “I have a little hand sanitizer with me. I’m not going to buy any of the food. I brought my own lunch,” she said.

In the aftermath of the outbreak, lawmakers are taking steps to help prevent residents from falling victim to individuals and companies that take advantage of the public’s fear. The U.S Food and Drug Administration and Federal Trade Commission are warning the public to be wary of Internet sites and other promotions for products that claim to diagnose, prevent, mitigate, treat or cure swine flu virus. The only two antiviral drugs approved by the FDA for treatment of this virus are Tamiflu and Relenza. Consumers are urged to contact their health care providers or legitimate medical supply services if they have questions or concerns about medical products or personal protective equipment.

In addition, Rep. Anthony Weiner (D-Forest Hills), whose district accounts for more than one third of all confirmed cases within the county, has called on airlines to waive change fees for passengers with flu symptoms. He argued that sickened passengers are simply following the rules by not flying and says the fee - which averages $117 for domestic flights and $175 for international travel and can be as much as $250 - should be lifted until the public health emergency is lifted.

“It’s bad enough to suffer through symptoms of this virus. But punishing those who follow the rules and choose not to travel adds insult to injury,” said Weiner. “Waiving these fees is a simple solution and will go a long way towards easing the burden of passengers who do the right thing.”

Hearing Monday on Long-Awaited Rezoning

By Conor Greene

Residents will have a chance to voice their opinions on the city’s plan to rezone about 300 blocks of Maspeth, Middle Village and Glendale at a public hearing on Monday.

Community Board 5 will hold its hearing on the Department of City Planning proposal, which is intended to preserve the neighborhoods’ character and prevent out-of-context development, beginning at 7:30 p.m. at Christ the King High School. The board will then likely vote on the rezoning at its regular meeting on Wednesday.

The effort began more than three years ago when community volunteers went door to door to survey the area’s existing housing stock. However, the rezoning was delayed several times until the department finally certified it late last month. Once it is reviewed by CB 5, it will go to Borough President Helen Marshall, the City Planning Commission and finally to the full City Council for a final vote.

Councilwoman Elizabeth Crowley (D-Middle Village) recently said she hopes to have the new zoning laws in place by the end of the summer. “Since day one in office, I have made rezoning a priority because it is necessary for limiting overdevelopment and to protect the character of our community. I look forward to attending the upcoming hearing and I will continue pushing the Department of City Planning and work… to ensure the rezoning plan is implemented as soon as possible,” she said.

The rezoning area is roughly bounded by the Long Island Expressway to the north, Woodhaven Boulevard to the east, Forest Park and the adjoining cemeteries to the south and Fresh Pond Road and 59th Street to the west.

The proposal’s goal, according to DCP, is to replace the existing, out-of-date zoning “with newer, lower density and contextual zoning districts to more closely reflect the existing built form of the neighborhoods” to ensure that future development “will be more consistent with its surroundings.”

The proposal includes two types of zoning changes: lower density zoning changes to better reflect the existing development and commercial overlay changes to “prevent commercial intrusion on residential blocks.”

On Wednesday, the board will hold its full meeting, also starting at 7:30 p.m. in Christ the King High School cafeteria. Aside from the likely vote on the rezoning, the meeting agenda includes a presentation for the respite center of the Ridgewood Bushwick Senior Citizens Council and a review of current alcoholic beverage license applications.

For more information or to register to speak in advance, call the board at (718) 366-1834. Details on the rezoning proposal can be found on DCP’s Webpage at nyc.gov.

Police Probe Home Invasions

Well-Dressed Suspects Carry Firearms

By Patricia Adams

Two thieves grabbed a woman outside her Woodhaven home last Friday, while she was sweeping her front stoop. The pair dragged the woman inside the house where they tied up her and her husband and robbed the couple at gunpoint.

Police described the robbers as two Hispanic men, one dark skinned, the other light. Both were well dressed, wearing dark blue suits. The men forced 56-year-old Emma Villavicenzia back in her home, where they used plastic zip ties to bind her and her husband Angel, 63.

The couple’s son, Marlon, told reporters that the attackers threatened his parents with coming back if they told anyone about the robbery. The Villavicenzias were not hurt in the home invasion.

Elsewhere, reports from the 106 precinct about a similar invasion in Howard Beach on Monday afternoon said that a pair of well dressed black men posing as police authorities tried to make forcible entry to the house.

Officers responded to the house to find that the two men had knocked on the door of the residence, claiming that they were police. According to the woman who answered her front door, the men, one of whom spoke with a heavy accent, were wearing shields around their necks. Both men were displaying firearms. When the woman became suspicious she told them she was going to call 911 to verify their identities. The thieves got spooked and grabbed the phone before running away from the house. The suspects jumped into a silver SUV, possibly a Honda, and took off, turning onto 156th Ave. in a westbound direction.

According to police reports, there has been four of the same type of incidents within the confines of the 106 and 102 precincts in the last month. In the reports for all of the incidents, the perpetrators were described as being well dressed. Police are actively investigating the possibility that there are more than two men involved in the push-ins and also looking into whether or not the crimes are part of a pattern.

Police remind all residents to exercise extreme caution and to make sure that all police personnel are properly identified. Authorities ask everyone to remember that all NYPD personnel are required to carry ID cards whether they are in uniform or not.

The Forum Newsgroup/photo by ROBERT STRIDIRON

Atlas Park for the Average Guy

By Steve Tiszenkel

The Shops at Atlas Park, the alternately ballyhooed and troubled “lifestyle center” plunked down in the middle of a former industrial wasteland in Glendale, is in very deep trouble—this nobody disputes, least of all its owners, two French banks who took possession of the property when original owner ATCO Properties & Management defaulted on a massive loan. Certainly a major financial crisis is a bad time to be operating an upscale mall in a proudly blue-collar borough, but that’s beside the point. Successful businesspeople tough out a crisis—they know from experience that all things pass and, as the Great Depression-era saying goes, these are the times that make millionaires.

No, if Paul Millus, the court-appointed attorney who now runs Atlas Park, thought an upscale mall in the middle of Queens had a place in a utopian 2012 world where Barack Obama is coasting to a 30-point re-election on the strength of a Dow Jones average pushing 15,000 and a 3-percent unemployment rate, that upscale mall wouldn’t be going anywhere, tumbleweeds blowing down the aisles of Amish Market be damned. But Millus and the mall’s new management company have other ideas.

The Daily News reported last week that Millus intends to drop any pretenses Atlas Park has of being a tony destination for the upper crust of Elmhurst and Maspeth. No, Value Depot and Twin Donut, embarrassing fixtures on nearby Continental Avenue, aren’t going to be moving in just yet. But “middle-of-the-road” retailers Urban Outfitters and Aeropostale might be, Millus said, presumably pushing out the likes of White House | Black Market and Jos. A. Bank. The fate of Mr. Bemberlinx, the mall’s 20-foot-tall teddy bear, remains unclear. "Upscale is upscale. You have to have a community like Manhasset to keep that mall going,” the News quoted Millus as saying.

Ouch! Before the housing bubble burst, home prices in the neighborhoods surrounding Atlas Park were climbing into the stratosphere, and Forest Hills Gardens, one of the wealthiest neighborhoods in New York City, let alone Queens, is less than a mile and a half away. No, Forest Hills doesn’t have the cachet of Manhasset, much less Manhattan, and Glendale certainly doesn’t, but one would think there are enough locals interested in and able to afford the kind of stores Atlas Park offers to keep it afloat.

What’s more, was Atlas Park really so upscale? It has a Chili’s and a Stein Mart, with its overflowing shelves of sort-of-tasteful, won’t-break-the-bank knickknacks. It has a gleaming multiplex — everybody likes movies, right? — and a Johnny Rockets. It has a New York Sports Club, the other locations of which in the immediate vicinity do well enough to have irritating wait times for elliptical trainers during peak hours. This is how the other half lives? I must have missed the Cartier outpost and the Marc Jacobs boutique. Nothing at Atlas Park is anything to be ashamed of, but I’d hesitate to describe it as anything more than “middle of the road.”

What does this sad state of affairs, in which developers are telling us we can’t keep Coldwater Creek and Florsheim in business, mean for our area? It’s as grim as it is mystifying—if Chico’s is too “upscale” for the neighborhood, no wonder nothing can stay in business on Austin Street.

But despite occasional discouraging developments like this one, I remain an optimist about our area. There are, all stereotypes aside, sophisticated people here with sophisticated tastes, and they deserve better. I certainly won’t complain when an Urban Outfitters opens in Atlas Park — I like flipping through coffee-table books about people’s humiliating, anonymously revealed secrets as much as the next guy. But an upscale mall can exist in Glendale, I just know it can. It just depends on your definition of upscale.

The writer is the host of the Website queenscentral.com. Log on to read more about Forest Hills and surrounding neighborhoods.

Brazen Car Theft Ring Dismantled

Luxury Vehicles Driven Off Dealer Lots

By Conor Greene

Members of a car theft ring that stole luxury vehicles off the parking lots of local dealerships – often exiting through holes cut in the chain link fences – were arrested after a nine-month joint probe between the NYPD and Queens District Attorney.

Eight individuals, including a middle school assistant principal from Brooklyn, were arrested as a result of a nine-month investigation dubbed “Operation Lockbox,” announced Queens District Attorney Richard Brown. The individuals were indicted on charges involving the theft of 16 late model, high-end cars worth more than $400,000.

The majority of the vehicles, which included 2008 model BMWs, Mercedes Benzs and Lincolns, were stolen right off the parking lots of major auto dealerships. The vehicle’s identification numbers were changed or altered before they were resold.

According to the charges, Melvin Pinckney, 54, of Brooklyn, stole the vehicles from dealership parking lots in Queens and Long Island with the help of alleged ring members David Jimenez, 40, and Alexander Gill, 34, both of Brooklyn. The majority of the vehicles were taken from Recon Motors on 14th Avenue in Whitestone, which is a storage facility where numerous local dealerships store their excess inventory.

After driving the vehicles off the lot, often through large holes
cut in the dealership’s fence, the thieves drove the cars to various locations, such as a parking garage on Eldert Lane in Brooklyn and the vicinity of 78th Street and 153rd Avenue in Queens, where they were kept until they were sold.

Members of the ring including Eddie Olivera, 38, of the Bronx and Lisele Jackson, 54, who is a teacher and assistant principal at MS 61 in Brooklyn, allegedly purchased and traded stolen vehicles with Pinckney. In addition, Trevlyn LaTore, 35, of Hempstead is accused of operating a tagging operation out of a single-car garage at 149-19 133rd Avenue in Queens, where ring members brought cars to have their vehicle identification numbers altered or forged.

“A sweeping nine-month investigation that utilized both court-authorized wiretaps and traditional surveillance has dismantled a loosely knit auto theft ring that specializes in stealing luxury automobiles,” said Brown. “For such thieves, an automotive dealership represented the pot of gold at the end of the rainbow. They could leisurely window shop for the exact makes and models of the cars they wanted and then, under the cover of darkness, steal them.”

Among the victimized dealerships were several from Long Island, Brooklyn and New Jersey, as well as Hillside Honda in Jamaica, Queensboro Toyota in Woodside, Bayside Chrysler Jeep on Northern Boulevard and DiBlasi Ford in Corona.

“This successful operation is emblematic of why car thefts in New York City, including Queens, have plummeted in recent years,” said NYPD Commissioner Raymond Kelly.

Pinckney was ordered held on $100,000 bail on charges including third and fourth degree grand larceny. He faces up to 15 years in prison if convicted. Co-conspirators Jimenez, who was ordered held on $50,000 bail, and Gil, ordered held on $25,000 bail, both also face up to 15 years. Jackson was reassigned from his Department of Education position, which comes with a $96,405 salary, following his release.

This Week's Forum South and West

St. Francis Prep Closed as Swine Flu Hits Queens

By Conor Greene

As the number of people across the globe infected with swine flu continues to grow, officials at St. Francis Preparatory High School – the epicenter of the outbreak in Queens – have closed the building until Monday in hopes of stemming the spread of the virus.

As of Wednesday afternoon, the number of infected people worldwide had risen to 132 confirmed cases in 11 countries. In the U.S there have been 91 reported cases in 10 different states, including 51 confirmed cases in New York State.

Among those infected was St. Francis Prep senior Toni Ann Abruzzino of Ozone Park. Her symptoms began with a “really bad cough” during the week and came to a head last Thursday night. “Thursday in school all the kids were going home sick and were all over the nurse’s office,” she said. “I went to my [softball] game and felt fine, but when it got home it really hit me. I stayed home from school on Friday, and there were rumors going around schools. Saturday was when it came out that swine flu was going around prep.”

She said it was “kind of shocking that it was at my school… It was scary but they said it was a mild case that we have.” Still, a mild case translated into several days of suffering for Toni Ann. “It’s just taking a while and has to run its course. It’s on and off, some moments I feel fine, then I get a headache. I’m just waiting for it to get over… I hope everyone gets better.”

Toni Ann is “very close friends” with some of the students who recently returned from Mexico, and had contact with one traveler before coming down with symptoms. “They didn’t get sick, so it’s weird how it all happened,” she said. “It’s not their fault. Of course it’s from Mexico so it’s kind of on them because they went, and they feel like people think it’s their fault but it’s not.”

During a conference call on Tuesday arranged by Rep. Anthony Weiner (D-Forest Hills), St. Francis Headmaster Brother Conway said the decision to close until Monday was to give enough time for all cases to be identified and for students and faculty to recover. “The guidelines set by the Department of Health indicate that if we do add this time, it should provide adequate time for any students who are ill to recover,” he said. “Students are going to be told they need to keep up with their studies – this is not a vacation.”

“We’re hoping and praying that this passes quickly so next week we can get the students back into classes,” added Brother Conway. The process of cleaning the school, located at 6100 Francis Lewis Boulevard, began last Friday afternoon (April 24) and was completed by the end of the weekend.

The first sign that something was amiss came on Thursday, when about 100 students were absent, said Brother Conway. At the same time, “flocks of kids going to the nurse’s office, all reporting the same symptoms.” Because of the number of students complaining of the symptoms, the nurse, Mary Pappas, immediately contacted the city Board of Health to inform them of the possible outbreak.

Students continued to arrive at the nurse’s office the following day, with about 150 total visits between the two days. Brother Conwaycalled that number a “significant amount” compared to a typical school day. He defended the school’s decision to remain open Friday since students that day seemed to come down with symptoms later in the morning. “It wasn’t like they were lined up outside the nurse’s office as soon as we got here. I don’t know if closing on Friday would have done anything but I can’t predict that,” he said.

Brother Conway also responded to criticism that parents weren’t properly notified about the situation. “I don’t know how they could feel left in the dark,” adding that updates were constantly posted on the school’s Website. “I don’t think parents should feel they were left out of the loop.”

While there have been some reports of parents critical about the school’s response to the outbreak, Colleen Abruzzino said she doesn’t think officials could have done anything more. “They always do the right thing and really care about the students,” she said. “I don’t think they knew what they were dealing with either. I don’t think anybody knew until we realized these kids came from Mexico.”

According to a health alert issued Tuesday night by the city Department of Health, the Centers for Disease Control and Prevention has confirmed 44 cases of swine influenza among students and staff at St. Francis Prep. The illnesses “appear to be no more severe than usual seasonal influenza, and all patients we know of are recovering, with the overwhelming majority having had mild illness.”

On Wednesday morning, Gov. David Paterson announced that three new “probable” cases of swine flu were identified upstate. In addition, two cases are suspected at two Brooklyn Catholic schools. As a result, St. Brigid in Bushwick and Good Shepherd in Marine Park will be closed for the remainder of the week.

Officials say that one of the Brooklyn students has a sibling at St. Francis Prep. The CDC is stressing that this is a “rapidly evolving situation” and urged residents to stay alert for updates.

The decision not to close all area schools drew criticism from Councilman Tony Avella (D-Bayside) whose district includes St. Francis Prep. In the letter, sent to Mayor Bloomberg and Health Commissioner Thomas Frieden, Avella notes that “many parents are deeply concerned that schools in this area remain open despite the extensive and close connections between St. Francis Prep and the rest of the area schools.”

“While I am aware that the [city DOH] has recommended to keep schools open unless there are more than a few confirmed cases of swine flu in any particular school, many of these parents believe that the Department ofHealth and the Board of Education should close the public schools in northeastern Queens for the rest of the week in order to attempt to control the further spread of this virus,” wrote Avella. “Given the deep interconnectedness of St. Francis Prep and the rest of the schools in this area it seems only prudent that the City consider taking this step.”

The state Association of Homes and Services for the Aging is stressing that the elderly and frail population is especially at risk of contracting the flu. “If you
are not feeling well, we’re asking you to visit your doctor, not your dad in a nursing home or your grandmother who gets home care visits,” said Carl Young, NYAHSA president. “Our nursing homes and senior service staffs are following strict infection control programs, and the public’s compliance will be of enormous help.”

Meanwhile, officials at St. Francis Prep are continuing to navigate through this “very difficult time,” said Brother Conway. “With a very large school like this, we’re taking everything day by day and even moment by moment,” he said.

After Years of Erosion, Jamaica Bay Marshes Make a Comeback

By Conor Greene

In honor of Earth Day, Rep. Anthony Weiner announced last week that 50 acres of Jamaica Bay’s marshland has been restored, reversing years of erosion.

Already, 50 acres of the bay’s threatened marshland has been restored, and another 100 acres are slated for restoration in the coming years, as the congressman plans to make the issue of wetlands preservation a top issue. “Jamaica Bay is going back to the birds more and more each year,” said Weiner (D-Forest Hills).

The bay’s 26,645 acres of marshes suffer as buffers that help mitigate waves, wind and floods and reduce damage to surrounding residents. The salt marshes are home to 91 species of fish, 325 species of birds and 214 species of special concern, including threatened and endangered species.

Experts have concluded that rising oxygen levels in the bay have caused the marshes to erode at an ever-quickening pace. According to Weiner, much of the blame for the rising oxygen levels rests with four nearby wastewater plants, which dump more than 250 gallons of nitrogen-rich wastewater into Jamaica Bay everyday. This kills delicate marsh roots and retards re-growth.

To make matters worse, the rate of loss has been increasing over the past few decades. Between 1924 and 1994, more than 1,800 acres of salt marsh disappeared, at an average rate of about 26 acres a year. However, the rate of loss increased between 1995 and 1999, with 220 acres of salt marsh disappearing at an average rate of 44 acres per year.

To combat the quickening salt marsh erosion, Rep. Weiner helped fund a $16 million Army Corps of Engineers project in 2006 to rebuild Elders Point East. As part of that project, engineers rebuilt 48 acres of marshland, adding more than 240,000 cubic yards of beach and transporting more than 750,000 native marsh plants including Saltwater Cordgrass, Salt Meadow Grass, Salt Grass and Rush into the depleted area. Weiner now calls that effort “a major success story” as recovery efforts now outpace marsh erosion for the first time by 15 acres.

“These marshlands are the very foundation of this ecosystem. They are a haven for insects, attract clams and support fish and birds,” said Weiner. “For years, concerned residents and environmentalists have warned us that they are disappearing. We can now say that the marshlands are coming back.”

To ensure the marshes’ survival, Weiner has announced two key upcoming projects that will help restore the marshland, as well as a four point plan to save the marshes. Both projectsare expected to commence next year. First, Elders Point West, located in the north-central part of the bay, will be rebuilt at a cost of $10.6 million. Building on the successes of the restoration projects at Elders Point East, the next step is building up 34 acres of marshes with 200,000 cubic yards of sand. Engineers will replant native Saltwater Cordgrass onto the restored land.

The second project is the restoration of Yellow Bar Hassock, located in the center of Jamaica Bay, west of Broad Channel. Due to erosion of the beach foundation, the salt marsh habitat here has been converting to mucky peat and mudflat at an estimated rate of six acres a year. The rising saltwater was drowning the marsh habitat and National Parks Service officials have projected that Yellow Bar will be completely lost by 2020.

Using Elders Point East as a model, the Yellow Bar Hassock design proposes building up to 60 acres of marsh with 250,000 cubic yards of sand. Within this new elevated marsh foundation, engineers will replant existing salt marsh plant hummocks to spur growth. There currently is no final cost estimate available for this project.

These projects will coincide with Weiner’s four-point plan,which includes reducing nitrogen in the bay by 60% in 10 years, including a 20% reduction in the next three years. Under the plan, Weiner will provide $9 million to fully fund the Yellow Bar Hassock and Elders Point West projects and study restoration options for other sites around the bay. In addition, federal stimulus money will be used to retrofit four sewage plants surrounding the bay. Finally, the plan doubles the number of Saltwater Cordgrass and Salt Marsh Plan Hammocks to be replanted in the two upcoming projects.

Gateway National Recreation Area attracts 10 million visitors a year, making it the third most popular park in the country. While great strides are being made to restore the wetlands, Weiner noted that there are other factors jeopardizing the marshes, including global warming and rising ocean levels, meaning they likely will never return to their natural state.

Animal Rights Activists Rally for Angel

By Conor Greene

A group of animal rights activists gathered on the steps of City Hall on Sunday to hold a protest and vigil for Angel, a 13-year-old Collie that was wrongfully euthanized by the New York City Animal Care and Control.

The beloved pet was euthanized just hours after being picked up by AC&C after escaping from the Astoria home of 94-year-old Jane Guardascione earlier this month. Guardascione was left devastated after learning her companion had been euthanized, even though city policy requires animals to be held for at least 72 hours.

Now, City Councilman Tony Avella (D-Bayside) has launched a probe into whether AC&C has improperly euthanized or adopted out other animals before 72 hours. Under the law, only severely injured or sick animals can be put down sooner. However, many animal activists are certain that Angel wasn’t the first animal euthanized within 72 hours.

In response, Avella has submitted a formal request for all AC&C records regarding euthanizations, length of stay for animals brought to shelters, physical examination as well as records concerning owner notification. He also wrote directly to AC&C and the city Department of Health regarding the circumstances surrounding Angel’s death.

“It was extremely startling to learn of the unfortunate euthanization of Angel, which has caused a tremendous amount of grief for Ms. Guardascione, who saw the dog as a true companion,” said Avella. “In this instance, there appears to be a complete breakdown of the Department of Health and Mental Hygiene’s policy to keep strays for at least 72 hours by NYC AC&C. As a result, I feel it is absolutely necessary to investigate the practices and procedures of NYC AC&C… to find out exactly what is going on at NYC AC&C to prevent this tragedy from happening again.”

Among the 100 or so individuals who attended Sunday was Kathy Schnurr of Bayside, who is certain this isn’t the first time AC&C improperly euthanized an animal. “We’ve been aware of [problems] for a while, and for no apparent reason they put this dog down, so Angel brought it to a head” she said. “It’s definitely happened before without a doubt.”

Schnurr said the activists are awaiting the results of Avella’s information request before deciding how to proceed. “We need to let them really know what is going on. Hopefully this will be the last we’ll hear about any dogs being euthanized like Angel. We’re still waiting to hear the details from his [information request]. Then we will definitely rally behind him.”

Unfortunately for Guardascione, any reforms that come will be too late. “Something needs to be done. I still feel terrible,” she told the Daily News during Sunday’s vigil.

In a statement following the euthanization of Angel, AC&C officials expressed their “deepest sympathies” to the family and said that Angel was put down to prevent additional pain. “Because of her deteriorating condition and advanced age of over 13 years, the vet made the decision to euthanize Angel in an effort to prevent any additional suffering,” it read. “It is our goal to avoid euthanasia unless we deem it absolutely necessary.”

Each year, AC&C handles an estimated 43,000 animals rescued from city streets, of which about 15,000 are euthanized. It urges animal owners to make sure their pets are licensed and microchipped.

State Will Choose Developer for Fineson Center

By Patricia Adams

In January the New York State Housing Finance Agency issued a Request for Proposal (RFP) for the Designation of a developer for the Construction of Affordable Senior Housing at the Bernard Fineson Center. Responses from interested parties were due to the State on February 27. According to Community Board 10 Chair, Betty Braton, no decision has been made as to a designated developer as of yet.

Several of the applicants contacted CB 10 prior to the submission of their responses to the State. Among them are Metropolitan Council on Jewish Poverty in a joint venture with The Arker Companies, Catholic Charities Progress of Peoples Development and PSCH Inc.

Allen AME Housing Corp. & the D &F Development Groupand CMC Development subsequent to submitting their re-sponses to the State also contacted the Board.

While CB 10 has no vote on the matter however, according to Braton, the Board is appreciative of the fact that the Metropolitan Council/Arker group contacted the Board immediately after the release of the RFP to solicit input from theBoard before developing its response to the RFP. It was alsothe first group to provide detailed information about their pro-posal prior to its submission to the State. The Board also stated that Catholic Charities provided detailed informationprior to its submission and made some changes based on theBoard’s input.

There is no confirmation as to when the State will actually make a decision about awarding the bid. Sources say that thestart of the process could begin within a month, but there is noannounced deadline for the selection process as of now.

The process will follow the basics outlined in the Request forProposal (RFP). Generally, after the designated developer is selected that developer is required to perform any alterations and renovate the building according to plans and permits, as well as get all the financing in place.

According to the RFP, the current population of residents will be moved to new living facilities no later than June 30, 2009. The application process for new residents will begin once a marketing strategy is set into place. Residents of CB 10will have preference on 50% of the unassisted units. That does not necessarily mean that all residents of the other 50% will be from elsewhere. Depending on who is in the lottery pool, it’spossible for more residents of the local area to be among the winners. The new facility will also include a component for 20 residents served by the state Office of Mental Retardation and Developmental Disabilities (OMRDD). The residents of these units will be seniors selected by the agency that serves them.

Estimates on the completion time for the project is probably well over a year considering the amount of work needed to be done on the building.

The Forum will continue to advise our readers about the progress of this project as developments unfold.