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.

This Week's Forum South and West

Group Makes Plea for JVP Dog Run

By Conor Greene

After months of asking Community Board 5 to support a dog run in Juniper Valley Park, a group of dog lovers formally pitched the idea to the advisory board’s Parks Committee meeting on Tuesday.

Despite the poor weather, a large group of area dog owners - including members of the Juniper Valley Dog Association - attended the meeting at the park’s Brennan Fieldhouse. While the Parks Committee was receptive to investigating the idea, major issues moving forward include where the dog run would be located within the park and how it would be funded.

Joe Pisano, president of the dog association, said his group is seeking a one-year test to see if a dog run would work in Juniper Valley Park. With the creation of the dog run, the current off-leash hours between 9 p.m. and 9 a.m. would be eliminated. “We love this park – that’s why we want to be here. If you give us the opportunity, we will make it the best dog park in the city” he said, noting that volunteers are ready to help out. “We will clean it up and fundraise… We’re ready to do whatever we have to do.”

Pisano said his group’s preference is to have a permanent dog run built in the location between the baseball fields that is currently used during off-leash hours. “Everyone seems to feel like the spot we’re in is the best spot,” he said. “We would like to stay there if we could… We think it’s the right size, location and has great drainage.”

However, the Parks Committee and Juniper Park Civic Association are opposed to placing a permanent dog run in that area due to the damage caused to mature trees by dog urine. The Parks Committee instead suggested three alternate possibilities: behind the bleachers at the roller hockey rink, behind the fieldhouse near 71st Street and Juniper Boulevard South or between the end of the track and the nursery house near Lutheran Avenue and Juniper Boulevard North.

According to committee chairman Steve Fiedler, the JPCA “consistently and constantly” has received complaints about noise in the park. “Some locations, unfortunately, are just not set for [certain] things,” he said. “The ground has worn away since you’ve been there.” He added that he didn’t think the location was a good for off-leash hours because the noise has been disruptive to neighbors.

JPCA Vice President Lorraine Sciulli, who lives near the park, said that the dogs are disruptive to the neighborhood. “The park is completely surrounded by houses,” she said. “I don’t know why you think nobody is hearing your dogs barking.”

Pisano responded that the dog run would allow canine owners to use the park at all hours, meaning there would be fewer people at a time. Currently, dogs are only allowed off-leash between when the park opens at 6 a.m. and 9 a.m. “Isn’t it loud when a baseball game is going on?” he asked.

Manny Caruana questioned why a section of the park would be set aside for animals. “You got to remember – the park was not built for animals, it was built for humans,” he said. “I never thought about taking a part of the park for my dog.”

Pisano said there are more than 100 dog runs and parks throughout the city. “It’s not like it’s never been done,” he said.

Fiedler noted that a formal process must be followed for the proposal to become reality. That would include a public hearing after a specific design is complete. “No location will be picked without these procedures,” he said. “This is the first step,” with the discussion expected to continue at future Parks Committee meetings this summer. “If a location can be established, fine. If it can’t, fine too,” he said.

Much of the discussion centered on damaged caused to the trees and grass in the current off-leash area, and a Parks Department employee said that the impact on that section of the park is caused by a combination of factors, including drainage from the ballfields. “The dogs definitely contributed to the loss of grass,” he said.

Paul Toomey, president of the dog group K-9 Korral in Forest Park stressed that it’s important to provide shade for the dogs. “Whatever the plan is, they should have trees there,” he said. Toomey also questioned whether it’s appropriate for Fiedler to run the meeting since he is also a JPCA member. “You obviously have a biased opinion about the dog run,” he said.

Fiedler responded, “I wouldn’t be here if I didn’t have an open mind. I don’t think that’s a conflict at all.”

Dog owner Rich McGraw tried to keep the focus on how to best move forward on this request. He said there is likely one location out of the three or four suggested “that we could all live with… I don’t think any of us want to see the trees die… If we know some of the potential pitfalls, we can start looking at resolutions.”

Robert Holden, president of the JPCA, said his group would support a dog run in Juniper Valley Park provided it is done properly. Otherwise, “it will quickly become an unhealthy dust bowl,” he said, adding that “the JPCA won’t support just a fence.” He suggested that the group ask Councilwoman Elizabeth Crowley (D-Middle Village) for capital funding to help defray the costs. “We just want to see it done properly,” he said. We will work with you.”

In a statement, Crowley said she supports the idea of having a dog run in Juniper Valley Park. “I believe a dog run would be a healthy addition to the community. I look forward to working with community members on a proposal that best suits the interests of our neighborhood.”

Hit and Run Driver Kills Deliveryman

Charged With Leaving the Scene and Driving While Intoxicated

By Patricia Adams

The 27-year-old driver involved in Saturday night’s hit and run on Jamaica Avenue was released on $30,000 bail after being arraigned on Sunday in Queens Criminal Court. Sources say Gus Pappeliou’s father posted his bail. Pappaeliou was charged with criminally negligent homicide, operating a motor vehicle while intoxicated and vehicular manslaughter in the second degree.

Pappaeliou is accused of striking 42-year-old You Yuan Zhou, as he drove his scooter to make a delivery for the China House Restaurant on Jamaica Ave around 11:45 PM Saturday night. Witnesses watched in horror as Pappeliou’s Volkswagen Jetta sped into Zhou’s scooter, sending him off the bike and up into the air. Seconds later he hit the ground dead, his helmet and a sneaker yards behind his body.

A half-block from the body lay the crushed scooter, which was dislodged after Pappaeliou threw his car into reverse in an attempt to get the scooter off his car. Witnesses were not surprised that the driver left the scene of the accident. One man, who identified himself as John, is a regular customer at Sam’s Deli on the corner of 80th street.

“These kids think this is a speedway. Just a few weeks ago that other woman was killed on the avenue the same way. They kill people with their cars and just keep going. Animals.” On April 8, 71-year-old Virginia Montalvo was killed on Jamaica Avenue by a hit and run driver as she made her way across the street collecting bottles and cans for recycling.

Zhou was pronounced dead at the scene - a crushed Volkswagen hood ornament left behind showing the impact of the hit that killed him instantly. A father of two, Zhou came to America a little more than 10 years ago, seeking a better life for his wife and children.

“He was a really nice guy,” said a resident who knew deliveryman as quiet, smiling guy. “We used to call him Bruce. It’s such a shame. He was a good guy, a hard worker who really cared about his family. Especially his kids.”

Now friends and family say his wife and children are faced with a tremendous financial struggle as well as the tragic death of the man who supported them by working six long days every week. “My father was kind,” 18-year-old Kai Qiang Zhou told reporters. “I didn’t believe it when I first heard this.” The freshman at New York City College of Technology wonders now how he will continue with the education his father dreamed of for him. “He always said, “You have to stay in school. You’ll get a good job and be able to spend more time with your family.”

Hours after the incident, police went to the home of Gus Pappaeliou, blocks away on 78th street and 85th Avenue. There they found the red Jetta, behind a fence at the house. The grill of the car was shattered, its front windshield blown out.

Pappaeliou surrendered without protest but refused comment without an attorney. Seen on the news, the young man seemed calm, as though he were unaffected. Before getting in to a waiting squad car, he looked back toward his house. “Bye mom. I’ll see you later. I love you.” Pappaeliou was smiling. A date of May 4 has been scheduled for Pappeliou’s return to court.

A Push for Reform After Beloved Collie is Euthanized

By Conor Greene

After a 94-year-old grandmother’s beloved collie was euthanized at a city animal center just hours after arriving at the facility, a group of animal lovers and a Queens City Councilman are working to prevent this from happening again.

Officials at the city’s Animal Care and Control say that 13-year-old Angel was euthanized shortly after arriving at the Manhattan facility on April 9 because she collapsed and was unable to walk. The dog, which had wandered away from Jane Guardascione’s Astoria home, didn’t have identification and didn’t match the description of any missing dogs.

However, according to the contract AC&C has with the state Health Department, dogs brought into its facilities must be held for at least 72 hours before being euthanized or released for adoption. The only exceptions are if an animal is critically injured.

In a statement, AC&C officials expressed their “deepest sympathies” to the family and said that Angel was suffering and 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.”

However, family members said that although the dog had been slowed by arthritis, it was still able to walk and probably became scared after being taken to the loud, unfamiliar shelter. Guardascione was “heartbroken” and began suffering chest pains when she found out what happened to her “beloved companion,” according to local animal activist Phyllis Taiano, who had tried to find Angel before she was put down.

In response to the incident, City Councilman Tony Avella (D-Bayside) has submitted a request for AC&C records, specifically as they relate to animals that were euthanized at the shelters. He is now calling for an investigation into AC&C’s “practices and procedures… to prevent this tragedy from happening again.”

“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 Hygiene’s policy to keep strays for at least 72 hours by NYC AC&C.”

Avella is seeking to obtain all records regarding euthanizations, length of stay for animals brought into city shelters, physical examinations, as well as records concerning owner notification, according to his office. He will hold a rally on the steps of City Hall at noon on Sunday along with other animal rights groups to bring awareness to the situation.

Taiano, a Middle Village resident who helps rescue lost dogs, was also distraught over the situation. She found out that Angel was at the AC&C just after 5 p.m. that evening, less than an hour after she had been euthanized. “Now that Avella has submitted a request for [records] we want to keep this [issue] alive and in the forefront,” said Taiano. “Angel’s case is not going away. Our protest is in honor of Angel and to raise more awareness that the AC&C continues to practice unethically. That shelter is in desperate need of reform.”

In light of recent alleged improprieties at AC&C shelters, an online petition is being circulated asking the City Council and Mayor to convene an Animal Care Task Force “to oversee the replacement of the existing Board of Directors… which has created this crisis.” The petition notes that while law requires the city to have five fullservice animal shelters, there currently are only three.

Residents, Officials Testify Against LNG Island Plan

Group Wants to Build Facility 13 Miles Offshore

By Conor Greene

More than 100 residents and elected officials crowded into the auditorium at PS 114 in Belle Harbor on Sunday to air concerns about a company’s proposal to build an island off the Rockaway coast to store and process imported liquid natural gas.

The Atlantic Sea Island Group has submitted an application to the federal government seeking the permits needed to construct the island about 13 miles offshore from Long Beach. Rep. Anthony Weiner, who lobbied the Coast Guard to hold the hearing after two others took place on Long Island and in New Jersey, called the proposal “unprecedented” but said he is keeping an open mind on the idea.

However, other local elected officials took a strong stance against the proposal, including Assemblywoman Audrey Pheffer and Councilman Eric Ulrich. Groups including the Jamaica Bay Eco Watchers and the Surfrider Foundation also spoke against the plan.

The public hearing was part of the Coast Guard’s effort to create an Environmental Impact Statement that will be used to determine whether approval should be granted. While issuing permits for these types of projects falls under the jurisdiction of the federal Maritime Administration, Gov. David Paterson has the option of vetoing the application.

According to the application, the Safe Harbor Energy Island would be at least 60 acres at the water surface and more than 110 acres at the ocean floor. It would require about 700,000 truckloads of fill and would be about 14 times larger than Giants Stadium. Tankers would deliver the liquid natural gas from foreign nations, before the substance is converted back into natural gas and distributed through pipelines.

Weiner declined to take a position on the proposal, noting that “right now we have far more questions than answers.” He said there have been several other similar applications filed in the past, including for a facility in the Long Island Sound that was rejected by Connecticut Gov. Jodi Rell, “but nothing like this.”

“In 2009, knowing what we do about the environment, does having LNG brought here… help us towards energy independence, or does it asseverate the path we’re already on?” wondered Rep. Weiner. “It’s not like what we’ve seen before. I want to hear what the experts have to say.” Still, he recognized that the Rockaway peninsula is the most heavily populated barrier island in the world and home to many people concerned about the environment. “Our relationship with the water is not just a casual one,” he said.

However, other elected officials and environmental groups are already certain that this project will not benefit local residents and isn’t worth the risks or negative impact on the environment. Pheffer argued that only the corporation would benefit from the island and vowed to ask Gov. Paterson to veto the application

“I join the Surfrider Foundation, the Eco Watchers and countless other community groups in expressing my opposition,” said Pheffer to loud applause. “The environmentally-sensitive waterways of our community cannot be jeopardized by this project… The safety and wellbeing of my community cannot and will not be jeopardized” by a project that would be “significantly intrusive and incredibly harmful to the local and global environment.”

Ulrich, who was recently elected to the City Council, said he opposes the plan for several reasons. First, he questioned the need to import liquid natural gas from foreign nations when “American natural gas is in abundance… made right here by American workers.” He is also concerned about impacts on the environment and wondered where the governor stands on the issue. “Is he going to flip like Jon Corzine in New Jersey and sign off on this proposal?” asked Ulrich.

Others including Democratic District Leader Lew Simon, Community Board 14 Chairwoman Dolores Orr and Nassau County Legislator Dave Denenberg testified against the proposal.



Dan Mundy, Jr. of the Jamaica Bay Eco Watchers said he is concerned about the impact it would have on “the very important habitat [which is] home to many species” and the potential terror target it would create. “It will put the local population at risk as a first-of-its-kind project,” he said. “There is no way at the end of the day you can turn around and guarantee to us there won’t be a problem.

In a statement, the Surfrider Foundation noted that LNG must be cooled to -265 degrees Fahrenheit to be converted back to natural gas. As a result of that process, its carbon footprint is roughly equivalent to coal. In addition, it is only available from foreign sources, and if spilled, is extremely flammable and can be ignited by something as innocuous as a boat engine or cell phone.

“The people of Long Beach and their City Council gave a loud, unanimous “no” to LNG after the hearing in January,” said Chris Wade, chair of the local Surfrider Foundation chapter. “But now that we’ve had a hearing in the light of day, here in New York City, we hope that Mayor Bloomberg and the New York City Council will come out against LNG as well,” he said.

Shoppers, Business Owners Outraged Over Parking Meter Rate Hike

By Conor Greene

Drivers who park at metered spots along local shopping strips will have to shell out a little more change to avoid a ticket, now that the city has reduced the amount of time a quarter gets you from a half hour to twenty minutes.

The city Department of Transportation recently finished reprogramming the borough’s 17,842 meters to reflect the new parking rates. Mayor Michael Bloomberg first announced in January that the rates at the city’s least-expensive meter would be increased for the first time since 1992 to raise an additional $16.8 million and help bridge the city’s $4 billion budget gap.

However, because the decision came as part of the mayor’s overall budget proposal, it didn’t receive widespread attention at the time. As a result, many shoppers and businesses say they were caught off-guard when the rates were recently increased literally overnight.

“Queens shoppers are being nickel-and-dimed at the expense of small businesses,” said Rep. Anthony Weiner (D-Queens and Brooklyn) at a press conference along Jamaica Avenue last Thursday. “We want to help local neighborhood stores, not drive shoppers away.”

Weiner was joined at the press conference by Senator Joseph Addabbo (D-Howard Beach), Maria Thompson of the Greater Woodhaven Development Corp. and several local small business owners. The meter rate increase is being phased in for 47,000 single-space meters and 730 muni-meters citywide. Adding insult to injury, the city has also increased fines that accompany parking tickets each of the past four years, said Weiner.

According to the congressman, the city expects to collect $66 million more this year from parking tickets. In 2008, ten million parking tickets were issued citywide, and the number of parking tickets issued between 2002 and 2008 has risen by 42%. Along Jamaica Avenue between 91st and 92nd streets, more than 1,000 parking tickets were issued from 2007 to 2008.

“It’s hard not to see the impact of the economy on the neighborhood shopping strip,” said Weiner, whose office recently completed a study showing more than 200 vacant storefronts along eight shopping districts, including 80 along Jamaica Avenue alone. While recognizing the need to have spaces turnover on a regular basis, Weiner questioned the motive behind the increase. “The issue is whether or not the city is interested in helping the businesses or just filling the coffers… This is a time we should ask the city to take its foot off the gas.”

Addabbo questioned the manner in which the city implemented the change, and stressed that the ten minutes “truly is going to hurt” local businesses. “We need to find another way… without constantly hurting the middle class and small businesses,” he said. On a personal note, Addabbo said he is “hurt” by the closure of Jason’s Toy Store, which now stands shuttered across the avenue from where the press conference was held. “My father took me to Jason’s when I was a small kid. It represents part of my childhood,” he said.

Thompson noted that small businesses “put up with so much everyday” and took the city to task for not publicizing the rate increase better. “No one told us. There was no warning, no hearing, no input,” she said. “I think that’s very unfair to the community.”

Several small business owners along Jamaica Avenue said the increase has already hurt them. Steve Esposito, owner of Orthopedic Shoe Clinic, said he fears the increased rates will make customers from Long Island less likely to come to his store. “If they get a ticket, they aren’t going to come back,” he said. “Since he [the mayor] can’t tax us anymore, he’s fining us to death.”

Matthew Xenakis, who owns Park Place Greenery and Florist, said drivers will be tempted to head for the malls, where parking is less expensive and spaces more plentiful. He said a delivery man recently got a ticket after dropping flowers off at his shop. “I felt bad so I gave him the money. No one told us anything about it or give us a warning,” he said.

State Reopens Aqueduct Bidding Process

By Patricia Adams

Gov. David Paterson, along with Senate Majority Leader Malcolm Smith and Assembly Speaker Sheldon Silver, announced last week the re-opening of the solicitation process for the Video Lottery Terminal facility at Aqueduct racetrack. In the wake of the collapsed deal with Delaware North, officials are seeking developers in a new bidding process. Applications are due on Friday, May 8 by 5 p.m.

After defaulting on their $370 million deal, Delaware North President, William Bissett cited deteriorating credit and financial markets in the recession economy for the failed bid and maintains that his company will be back. “While we disagree with their conclusion that a re-bid is necessary,” said Bissett “we nonetheless remain interested in developing Aqueduct and look forward to continue work with the administration to achieve that goal.”

State Senator Joseph P. Addabbo, Jr. said: “I am more optimistic today about the future of Aqueduct and our surrounding communities now that the VLT solicitation process has begun. I intend to inform my residents and ensure their involvement in the process that pertains to protecting Aqueduct.”

Assemblywoman Audrey I. Pheffer said: “After countless delays and false starts, I am happy that VLT’s at Aqueduct are finally back on track. We will learn on May 8th, the companies that have a true and realistic plan for Aqueduct. I remain committed to ensuring that our community’s vision for the “new Aqueduct” becomes a reality.”

As with the original proposal, the selected operator will be chosen by a unanimous agreement between the Governor, Majority Leader of the State Senate and the Assembly Speaker. “Growing our economy through job creation and economic development projects such as the implementation of VLTs at Aqueduct will move our state toward the type of new economy New York needs to get back on track,” Senate Majority Leader Malcolm Smith said. “Though it is disappointing that the process has been slowed due to the struggling economy, I am confident that we can find a new partner to build Aqueduct into a gaming location that bolsters the local and state economy.”

Developers expected to bid in the second round will most likely match those from the first time around, and will probably include Delaware North, Capital Play and SL Green. According to a press release issued by the governor’s office the winning bidder would pay the full amount of their proposed up-front franchise fee no later than ten business days following the execution of the new Memorandum Of Understanding (MOU).

The State would issue personal income tax bonds through the Empire State Development Corporation in the amount of $250 million in order to finance eligible VLT project costs. The net amount borrowed would be advanced to the selected bidder to be used for project capital costs incurred in the construction of a VLT facility at Aqueduct. The VLT facility would be constructed by the VLT Vendor, which will be responsible for its design and construction subject to the terms of the MOU and applicable laws and regulations. Neither ESDC nor the State will be responsible for construction or cost overruns.

The State would enter into an agreement with the winning bidder for a fixed period of 30 years, with a possible 10-year extension based on the attainment of reasonable benchmarks that ensure satisfactory performance.

Vendors may propose modifications to this MOU as part of their bids. Their proposed changes will be considered by the Governor, Majority Leader, and Speaker in making their selection.

Along with Delaware North, Capital Play and SL Greene, are expected to enter bids in the new process. SL Green, thought to be the frontrunner in the last bid, this week filed a lawsuit against Delaware North. Lawyers for SL Green say that the Buffalo based firm teamed up with them in the first round to get inside information and essentially used trade secrets for their own purposes.

According to published reports, this lawsuit alleges Delaware North “agreed to non-competition, confidentiality, and exclusivity restrictions” when it joined with SL Green in 2006. Although Delaware North ultimately did not remain with the SL Green effort, the suit alleges that prior to Delaware North’s departure "SL Green gave DNC access to confidential and proprietary business information... " It goes on to allege that since at least October 2007, Delaware North improperly competed with SL Green for the video lottery terminal rights at Aqueduct.

As has been the case throughout the lengthy process to establish a racino at Aqueduct, rumors continue. Delaware North partnered with R. Donahue Peebles and his development company in their quest to win the bid last year. Among the current batch of rumors is one that indicates Peebles is exploring forming a new team to bid on the project now. If true, that has the potential to further muddy the waters as another similar lawsuit could loom depending on what the terms of Peebles’ partnering with Delaware North involved.

The Governor’s announcement of the reopening of bidding for the VLT rights at Aqueduct and the lawsuit are the latest developments in what has been a long process to redevelop the racetrack. “We thought the VLT development would finally get underway when Delaware North was selected back in October. It took years to get to that selection in a process that began in the early part of this decade.

Community Board 10 Chairperson Betty Braton said, “Although we preferred the proposals put forth by others, with Delaware’s selection in the fall we thought that finally all the delays were over, and we were willing to accept them despite our misgivings due to the State’s pressing financial situation. We’re concerned that apparently Delaware will be allowed to participate in this new bidding process. This time around, the Community Board’s opinion is simply: ‘not Delaware North’ – and we have expressed that to Senator Addabbo and Assemblywoman Pheffer.”

Life Sentences Handed Down in Forest Hills Dentist Murder

By Conor Greene

The Forest Hills woman accused of having her husband murdered in broad daylight was sentenced to life in prison without the possibility of parole. The gunman, who was paid $20,000 to carry out the murder, received the same sentence.

Mazoltuv Borukhova and her uncle by marriage, Mikhail Mallayev, were sentenced Tuesday by Justice Robert Hanophy after being convicted in March of first-degree murder and conspiracy in the shooting death of Dr. Daniel Malakov.

According to prosecutors, Borukhova, 35, paid Mallayev about $20,000 to shoot Malakov in broad daylight near Annadale Playground in October 2007. Malakov, 34, had just won custody of the couple’s five-year-old daughter, Michelle, and was dropping her off to visit her mother when he was killed.

As she had throughout the trial, Borukhova proclaimed her innocence before the judge handed down the sentence. “I have nothing to do with this murder. I didn’t kill anyone. I have nothing to do with it,” she said.

Mallayev, 51, also claimed he had nothing to do with the murder before he was sentenced. “I didn’t kill nobody in my life,” he said. “I live by the Ten Commandments… I feel comfortable with myself. I’m good in front of myself and in front of God.”

Before he sentenced Borukhova, the judge warned her of the consequences of seeking revenge. “Your husband lies in a natural grave. You are about to enter your 8-by-8 above ground cell, where you will spend the rest of your natural life,” he told her. “Your daughter is now without a father and for all practical purposes is without a mother. What a legacy to leave your daughter.”

Mallayev was linked to the crime after detectives matched a fingerprint from a homemade silencer found at the murder scene to his prints, which were on file from a previous fare-beating arrest. Prosecutors used cell phone records to prove he was in the city at the time of the murder, and say the pair exchanged 90 phone conversations in the weeks leading up to the murder.

Although she was standing just feet away from Malakov when he was shot, Borukhova told the police and jurors that she never saw the gunman or heard any shots. An eyewitness who was walking her dog at the time of the murder identified Mallayev as the gunman.

Following the sentencing, Malakov’s family said they are pleased with the outcome but expressed concern for Michelle. The girl, who witnessed the murder, has been cared for by the slain man’s uncle Gavriel Malakov, who hopes to adopt her. “As Michelle grows up she will ask a lot of questions and I will somehow have to answer those questions,” he told reporters. “I’m afraid as I’m going through feelings of excitement and joy, I may feel extremely devastated tomorrow… I feel scared for tomorrow.”

He also wondered if life could return to some semblance of normalcy for Michelle. “Will Michelle every stop having those nightmares? Will she every have those sweet dreams that a typical six-year-old has when they go to sleep at night?”

The slain man’s father, Khaika Malakov, said that the sentencing was “reasonable and right’ but added that “nobody wins in this case… Everyone lost. Everyone lost because I lost my son, Michelle lost her father....”

Both defendants were sentenced to life without parole for first-degree murder, along with an additional consecutive sentence of 8 to 25 years for second-degree conspiracy. Mallayev was received a 15 year sentence, to run concurrently, for illegal weapons possession. Attorneys for both said they plan to appeal the verdicts.

Public Review of Downzoning Begins

The formal public review of the long-awaited rezoning of 300 blocks in Middle Village, Maspeth and Glendale began on Tuesday, meaning it could be approved by the fall.

The formal Uniform Land Use Review Process for the proposal began Monday, which gives Community Board 5 60 days to review it. It then goes to Borough President Helen Marshall, the City Planning Commission and finally to the City Council to be approved.

The proposed area to be rezoned is bounded by the Long Island Expressway, Woodhaven Boulevard, Forest Park, Mount Carmel Cemetery, Cypress Hills Cemetery, Fresh Pond Road and 59th Street and is adjacent to three rezonings completed in 2006. Much of the zoning within the area has remained unchanged since 1961 and allows a range of uses and housing types that can be inconsistent with the prevailing lower density character, according to the Department of City Planning.

“Since 2002, the Bloomberg Administration has rezoned 4,000 blocks in Queens to create a sustainable blueprint for the future, protecting neighborhood character and channeling development away from auto-dependent neighborhoods,” said City Planning Commissioner Amanda Burden. She said that this downzoning effort is one of the largest rezonings to date in Queens and will protect “three of Queens’ most attractive neighborhoods.”

The rezoning is intended to serve several purposes, including protecting the neighborhoods’ one-and-two family homes by implementing zoning districts that “ensure that new developments match the existing scale and density of surrounding houses.” It will also eliminate infill provisions, which allows for development at a higher density than would otherwise be allowed.

In addition, it provides “modest housing opportunities along Woodhaven Boulevard and Myrtle Avenue” provided that it is consistent with the three-and-four-story mixed-use buildings along those strips. Finally, it will update commercial overlays to reflect the current land uses and “support retail continuity” along shopping areas on Cooper, Myrtle, Flushing, Grand and Metropolitan avenues and Woodhaven Boulevard. Commercial overlays would be eliminated or reduced to prevent commercial intrusion on residential blocks.

“After three years, the Department of City Planning has finally moved forward with the rezoning…” said Councilwoman Elizabeth Crowley in a statement. 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 will continue [to push the DCP] and work with the Community Board and Borough President to ensure the rezoning plan is implemented as soon as possible.”

The effort began more than three years ago, when volunteers from the Juniper Park Civic Association and other residents went door-to-door collecting information about the type of development that currently exists. However, the effort then languished, leaving residents frustrated as they watched small modest homes being torn down and replaced by multi-family units.

“It should have started at least two years ago. Since then, almost every block in our neighborhood has been victimized by overdevelopment,” said Robert Holden, president of the JPCA.

Community Board 5 will hold its public hearing on the proposal at a meeting on Monday, May 11 at 7:30 p.m. at Christ the King High School.

Officials Discuss Impact of Federal Stimulus Plan

By Conor Greene

To make sense of the federal stimulus plan, two Queens lawmakers held a town hall meeting last week to explain how the American Recovery and Investment Act of 2009 will impact the average resident.

Rep. Anthony Weiner and Senator Joseph Addabbo met with several dozen residents last Wednesday afternoon in PS 254 in Woodhaven. They explained that the $787 billion will result in about $24 billion in aid to New York State, with about $5 billion coming to the city. Of the money coming to the state, about $6.2 billion will be used to help bridge the $17.7 billion budget deficit. The money must be spent over the next two years.

State officials are “still working to allocate the dollars effectively” and in a “transparent” manner, said Addabbo (D-Howard Beach). He called the aid “one shot for the most part” but both lawmakers said they hope this stimulus plan will have longer lasting impacts compared to the previous stimulus plan under the Bush Administration.

The money can be used for several purposes, including helping bridge state budget gaps, to prevent cuts to healthcare and education, for energy and infrastructure projects, for public safety and for housing and foreclosure prevention – something Addabbo called a “rising issue in our surrounding communities.” The money will primarily be distributed through 25 state agencies and the Governor’s Office, with the federal government overseeing some areas.

Weiner explained that there are several goals for the bill which “all need to be done in concert” to reverse the economy’s “downward direction.” The first is to provide money to states to avoid “giant slashing of their budgets.” However, he stressed that the “federal government didn’t do New York State any big favors – this is your money that’s been shortchanged.”

The bill is also intended to create jobs through construction projects including roads, bridges and schools, said Weiner, adding that the dual benefit is “having people at work” and having something to show in return for the cost. “They’re going to get a better state,” he said, in contrast to the tax cuts for the wealthy and the Iraq war, for which we have nothing to show.

Along those lines, the bill is also intended to provide tax cuts for the middle class. “We want to make sure people here have a few dollars in their pocket so they can go out to the neighborhood shopping strip,” said Weiner, adding that the top 2% will get no relief under the plan. “Every single middle class resident of Queens has something coming to them in that bill.”

Instead of receiving the entire relief within a single check, however, the relief is coming in the form of a reduction in federal withholdings in each paycheck over the next nine quarters, starting now. Those not working will receive the relief in their tax return at the end of the year. Last time, said Weiner, the stimulus plan helped China, not America. “It didn’t have the true stimulating month-by-month effect we hope this will have.”

Several residents asked if the money could help prevent some of the drastic service cuts the MTA is considering under its budget. Specifically, residents at the meeting were concerned about the impact of cuts to the B52 bus, which runs along Jamaica Avenue, and the Z Train.

Weiner explained that “the short answer is no” since the stimulus can only be used for capital projects, such as repainting the tracks the run above the avenue. He said the problem is a restriction against using federal dollars to help support MTA operations, which lawmakers “need to reverse.” Under the plan, the MTA is receiving about $1 billion for capital projects.

Addabbo said the looming MTA cuts will “have to be addressed in Albany… Certainly we’re not going to sit on the sidelines” as deep cuts are made. “I don’t believe the MTA is very good at accounting,” he added. “You’re handing them a lot of money… and then they’re back a year from now talking about [additional] fare increases and service cuts.”

The lawmakers also addressed the recent closings of St. John’s and Mary Immaculate hospitals and said the stimulus bill doesn’t provide money towards hospitals. “I think the government has done a terrible job,” said Weiner. “There is a shortage of healthcare in New York… we’re going to realize it’s a heck of a lot cheaper to keep it open. I think it was a huge mistake.”

Addabbo said the state Health Department made it clear that “they wanted out” after providing millions of dollars in funding the struggling hospitals over the past few years. “To me that was the easy way out, to stop funding and let it close. It’s something the state government is going to have to try to find a way.”

Foundation President Honored by ACS

The President of the Howard Beach Columbus Day Foundation, Mario Faulisi, has been named as an honoree by the American Cancer Society (ACS) for the First Annual Howard Beach Relay for Life to be held on June 13th – 14th at Charles Park.

Event chairs Phyllis Inserillo and Melissa Fochetta along with Special Events manager for the ACS, John Link, were on hand Tuesday night at the membership meeting of the Foundation to announce their decision.

“The Event Planning committee of the 1st Annual Howard Beach Relay for Life is proud to announce that the Relay will be named in honor of Mario Faulisi for his courageous battle with cancer, his victory over the disease and his constant dedication to the community,” said Inserillo. “It is people with his integrity that make Howard Beach the community it is.”

Faulisi was diagnosed last year with a rare and aggressive lymphoma and has recently completed a successful course of chemotherapy and radiation. “I am blessed with the opportunity to help get the word out,” said Faulisi. “You can battle this disease and you can win, but everyone who encounters cancer needs as much help as they can get.”

Foundation member and media personality, Valerie Smaldone, was on hand to congratulate Faulisi on his honor and also to encourage participation in the event. “I was diagnosed with ovarian cancer about 8 years ago. I came from a time when that meant death, but due to the tremendous research efforts and the development of medication and therapy, we are seeing more survivors.”

In his honor the Foundation has made a $5,000 donation to the Howard Beach Relay and will act as one of the event's corporate sponsors. “It’s a really great thing when we can not only honor a survivor, but help so many other people,” said Angelo Gurino, the Foundation treasurer.

The Foundation encourages all Howard Beach residents to bring their friends and family to the event in June in support of this cause. For more information please contact the Howard Beach Columbus Day Foundation at 718-738-7035 or e-mail Howardbeachrelay@aol.com.