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WPCNR COUNTY CLARION-LEDGER. From County Board of Legislators. (EDITED) with reporting by John F. Bailey.September 22,2009 UPDATED 1:15 A.M. E.D.T. UPDATED 9:55 A.M. E.D.T.UPDATED WITH SETTLEMENT COPY LINK 4:50 P.M. E.D.T. UPDATED WITH COUNTY EXECUTIVE COMMENTS: The Westchester County Board of Legislators has approved a landmark fair housing settlement agreement and Bond act, by a vote of 12-5, the narrowest margin possible for approval.
The vote occurred at 1:10 A.M. after a recess, following a series of comments by opponents, though the media were informed electronically the legislature had approved it two hours earlier, despite the “appearance” of a spirited debate that could go either way, still in progress, two hours later.
Legislators John Nonna, Tom Abinanti, and James Maisano noted that some of the major objections to the settlement were eased by two letters received from the Justice Department clarified matters that were of concern to the legislators. Nonna said the Justice Department letters noted that if the county failed to meet the goal of 750 units of affordable housing in seven years, due to market conditions, the market conditions would be taken into consideration in assessing of penalties.
Abinanti pointed out that the county legislature would have say in the implementation of the agreement, (the process of implementation has not been created by the HUD Regulator at this tie). Nevertheless Abananti and Maisano were two of the five legislators who voted against the agreement.
Spano Speaks
County Executive Andrew Spano, author of the settlement, whom Abinanti and Maisano said managed the suit terribly, issued this statement Wednesday:
“I commend the members of the Board of Legislators for their action to approve the housing lawsuit settlement. They did their due diligence and then came to the same conclusion that I had: that this was the right decision for Westchester. I look forward to working with the legislators and with our communities as we put together an implementation plan. Westchester will be a model for the entire nation in dealing with fair and affordable housing.
“This housing settlement has no tax implications and will create fair and affordable housing that is sorely needed in Westchester — something that Democratic and Republican county executives for decades have talked about. It also ensures that the county’s municipalities will continue to receive $15 million in federal funds for infrastructure and other improvements.”
Premature Release Faux Pas:
An interesting development related to this vote,is that the news release announcing the agreement was released electronically to the media before the vote was taken at 11:49 P.M. just before midnight.
This was odd, because debate was still going on in the county chambers at 12:33 A.M. E.D.T. giving the impression to viewers of the legislative “action” that the outcome was going down to the wire, when the news release announcing the settlement approval was received by WPCNR. The actual vote procedure occurred beginning at 1:10 A.M. and wrapping up about 1:45 A.M. this morning.
Editions of The New York Times and Journal News also had extensive reports on the meeting in this morning’s editions, despite the appearing “cliffhanger,” “down to the wire” atmosphere of what appeared to be earnest and anguished and conflicted legislators last night.
Actually the “beat” on this story was earned by NewsCenter 4 which had Chuck Scarborough announcing the settlement on the air at 11:10 P.M.
The legislators were still debating the issue when, “unbeknownst” to them, they had already approved it.
To read a copy of the settlement, click on the following link: http://meetings.westchesterlegislators.com/Citizens/FileOpen.aspx?Download=Attachments&AttachmentID=2526&agencyname=westchestercounty
The settlement agreement was subject to and conditional upon approval of the county’s Board of Legislators. The Board had to vote on the agreement no later than this week. If the Board failed to provide its approval, the agreement would have been null and void, and all parties would have proceeded to trial.
“This has been a defining action for this Legislature. Tonight, the Board took an important step toward expanding access to fair housing in our county,” said Board Chairman William J. Ryan (D, WFP-White Plains). “Over the past month, we have heard from the Spano Administration, our Counsel, state agency heads and our own residents on both sides of this contentious issue. After much review, amendment, negotiation and our own internal process of due diligence, we have approved an agreement that truly encompasses all of the viewpoints and concerns expressed by the Westchester legislators. This action represents a consensus on an agreement that will improve access to fair housing for all Westchester residents.”
The lawsuit, which was originally brought by the Anti-Discrimination Center (ADC), accused the county of making false statements on federal applications about its efforts to integrate housing. The approved settlement would require Westchester to spend $50 million over seven years to build 750 homes, in areas that are overwhelmingly white and affluent. During tonight’s special meeting, the following actions were approved:
- An Act authorizing the settlement of the lawsuit entitled United States of America, ex rel, Anti Discrimination Center of Metro New York, Inc. v. Westchester County, New York.
A (Bond) Act authorizing the County of Westchester to issue up to Thirty-Six Million ($36,000,000) Dollars in bonds to fund costs related to the settlement of United States of America, ex rel, Anti Discrimination Center of Metro New York, Inc. v. Westchester County, New York.
An additional Act, which will set forth policies and procedures which must be utilized by Westchester County in furtherance of the commitments established by the Stipulation and Order which settled the federal litigation commenced by the Anti Discrimination Center of Metro New York, Inc. (“ADC”).
Over the past few weeks, the Board of Legislators had conducted several public meetings thoroughly reviewing the agreement, involving its outside counsel from Epstein Becker & Green, P.C. and County Attorney Charlene Indelicato, representatives of the Spano Administration, our bond counsel, and State agency heads. Legislators, also, met with the proposed federally-appointed monitor, James Johnson, and with officials from the U.S. Department of Justice. “Throughout this process of review, I pledged to the members of the Legislature that we would meet with all relevant parties to get all the information we deem necessary for the full Board to make the correct decision on this matter,” said Chairman Ryan.
Throughout the review of this agreement, the legislators made specific inquiries into the history of the litigation, and what is authorized by the federal False Claims Act; the federal court decision on the parties’ respective motions for summary judgment; changes in HUD policy and expectations; certifications to “affirmatively further fair housing;” HUD acceptance of County submissions; federal government intervention in the lawsuit and the right to settle; fines and fees; the monetary element of the proposed settlement; a monetary cap; rejecting the settlement and proceeding to trial; the risk of an adverse verdict and the damages that could be charged to the County (our internal analysis showing a range of $180 million to $200 million dollars on the low end, and up to $540 million dollars on the high end); possible disqualification from participation in HUD programs and the loss of community development block grant (CDBG), HOME Investment Partnerships Program, Emergency Shelter Grants and other federal funding; roles of the Monitor and the consultant; assessing the County’s “best efforts” and adjusting the obligations concerning the number of affordable AFFH units to be built.
“This may well have been the most complex matter to ever come before the Board of Legislators and our decision here was one of the most important decisions any legislative body has had to make in the history of this county. It has been our primary focus ensuring that the members of the Legislature and our residents were fully informed and prepared to make the correct decision for all of the people and taxpayers of Westchester County,” said Chairman Ryan.
FINAL VOTE TALLY:
YES (in favor of approval) |
NO (not in favor of approval) |
Alvarado, Jose |
Abinanti, Thomas |
Bronz, Lois |
Burrows, Gordon |
Burton, William |
Maisano, James |
Harckham, Peter |
Oros, George |
Jenkins, Kenneth |
Rogowsky, Martin |
Kaplowitz, Michael |
|
Myers, Judith |
|
Nonna, John |
|
Pinto, Vito |
|
Ryan, William |
|
Spreckman, Bernice |
|
Williams, Lyndon |
|
