Court Rules in Favor of County Executive in HUD Affordable Housing/Zoning Matter: Kaplowitz. County Legislature Head Calls for Negotiation Now

WPCNR WESTCHESTER LAW JOURNAL.From Michael Kaplowitz, Chairman of the Westchester County Board of Legislators.February 18, 2015:

Today’s unanimous decision of the United States Court of Appeals for the Second Circuit (County of Westchester v. U.S. Department of Housing and Urban Development) finding that the U.S. Department of Housing and Urban Development (HUD) actions are subject to judicial review, specifically that HUD’s summary rejection of the County’s Analysis of Impediments (AI) submissions is not acceptable, is a significant victory for the County.

However, the decision does not bring back the lost $6.7 million from 2011 and the $15.6 million of taxpayer’s money for 2012-2014 which is still imperiled.

Further, the County is still subject to paragraph 32 of the 2009 Housing Settlement that requires the county to file an AI “acceptable to HUD”.  The circuit court specifically declined to rule on this question and left it to the district court to decide.

Finally, the judicial review as ordered does not guarantee County victory, it only guarantees our day in court and before the same judge who has ruled against the County numerous times in the past.

In fact, all these issues remain to be litigated with uncertain outcome.  Such endless litigation will take years with significant direct and indirect costs to be borne by Westchester taxpayers.

While we have achieved a notable victory, now is the time to negotiate from strength.

This decision provides a perfect opportunity for all parties in this matter to sit down and reach an end-game settlement to the issues of both the 2009 Housing Settlement and the loss of Community Development Block Grant (CDBG) monies.

Public policy can best be served here by all parties negotiating rather than litigating their differences.

Therefore, to further a sound housing policy, recapture lost CDBG monies, save taxpayer’s dollars and successfully bring finality to the contentious 2009 Housing Settlement, I call on all parties to work in good faith to finally bring a resolution to this matter.

 

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The Great White

WPCNR PHOTOGRAPHS OF THE DAY. By the WPCNR Roving Photographer. February 18, 2015:

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Metro North Local proceeding across frozen Hudson River at Peekskill. The river is frozen about three quarts of its width to the channel.

 

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Looking South from Peekskill boat landing. Temperatures in the teens and single digits have frozen the Hudson about three quarters the way across.

 

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Metro North Local making its way into Peekskill Station

 

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WPCNR VIRTUAL WARMTH

 

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Public Forum on the State Budget — Monday — Reports Assemblyman David Buchwald

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Assemblyman David Buchwald of White Plains, 2nd from right, appearing on PEOPLE TO HEARD, the White Plains Television News Interview program (viewable at www.whiteplainsweek.com announced a local Public Forum on the State Budget to be held in Greenburgh Town Hall one week from today, February 23. 2 to 6 PM.  Left to right: John Bailey, Peter Katz, Mr. Buchwald, Jim Benerofe.

WPCNR ALBANY ROUNDS. From Assemblyman David Buchwald, 33rd Assembly District.  February 16, 2015: 

Assemblymembers
J. Gary Pretlow, Sandy Galef, Thomas Abinanti,
Amy Paulin, Shelley Mayer, Steven Otis,
and David Buchwald
invite you to an important forum on
Governor Cuomo’s Executive Budget Proposals.

This forum will be divided into two parts. The first part (2-4PM) will focus on all
aspects of Governor Cuomo’s executive budget, and the second part (4-6PM) will
focus on Governor Cuomo’s proposals for educational funding and
reforms contained in his executive budget.

Monday, February 23rd
2:00-6:00 PM
Greenburgh Town Hall
177 Hillside Ave, Greenburgh (White Plains, if using GPS), NY 10607

You will have an opportunity to hear from your elected
Assemblymembers and express your opinion.


Questions: contact Assemblymember Shelley Mayer’s office
at 914-779-8805/[email protected]

Persons who wish to testify are asked to contact Assemblymember Shelley Mayer’s
office: [email protected] or 914-779-8805.

Those testifying are asked to limit their oral presentations to 3 minutes, to allow for as many speakers as possible.

Written testimony would be greatly appreciated. Please bring copies of your testimony to the public forum. It is important that you register to testify, so a schedule ofpresenters can be organized to make the most efficient use of time, and you can be notified in the event of postponement or cancellation of the forum.

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FLEXJET WHOOSES INTO WESTCHESTER ON WINGS OF THE IDA AND CAPTAIN ROB

WPCNR COUNTY CLARION-LEDGER. From the Westchester County IDA. February 13, 2015:

County Executive Robert P. Astorino today announced that Westchester’s Industrial Development Agency (IDA) has approved a series of incentives that will help Flexjet relocate its fractional jet charter operations from Teterboro, NJ to Westchester County Airport in White Plains.

The move will bring an initial 38 high-wage permanent jobs to Westchester and create an additional 55 permanent jobs over the next five years. In addition, 20 construction jobs will be created during the four-month renovation of Flexjet’s new home at hangar “F.”

“We are thrilled that Flexjet has decided to move to Westchester,” said Astorino. “Flexjet is rolling out a red carpet runway to corporate executives and entrepreneurs from around the globe, which will encourage further investment and job creation in Westchester.”

The financing and tax-exemptions made available through the IDA help defray the cost of the move from Teterboro and support the $5 million renovation project. The construction project is expected to begin in May and transform the hangar into a state-of-the-art facility and convert the current office space into a modern, technologically-advanced passenger lounge.

“Westchester is an ideal location for Flexjet as we expand our programs and continue to deliver an exceptional, world-class customer experience,” said Kenneth Ricci, chairman of Flexjet. “County Executive Astorino’s team has been highly responsive and supportive. We are excited for our business to start taking off in Westchester.”

The highly-skilled and high-paid positions that Flexjet expects to create over the next two-to-five years range from pilots to maintenance technicians and supervisors to facility managers and inspectors.

Friedland Realty Advisors Expanding

Astorino also announced that Friedland Realty Advisors, a leading commercial brokerage firm, decided to keep their corporate headquarters in Westchester, thanks in part to incentives approved at today’s meeting. The company, having outgrown its current location in Yonkers, has chosen to relocate to a larger space at 440 Mamaroneck Avenue in Harrison.

The 45-year old firm chose staying in Westchester over moving to New York City, Stamford or New Jersey, because, “Location, location, location,” said Ayall Schanzer, Friedland Realty Advisors president and CEO. “Westchester positions us to be a dominant regional player with close proximity to our target customers and desirable inventory.”

The IDA incentives will finance the renovation of their new space as well as purchases that will upgrade the firm’s technological capabilities.         The firm anticipates hiring four executive-level employees and contracting with seven real estate brokers over the next year, adding to its existing seven full-time employees and 26 brokers.

About the IDA

The IDA is a public benefit corporation created in 1976 for promoting and encouraging economic development in the county primarily through assisting in the creation or retention of jobs. The IDA is also empowered to issue taxable and tax-exempt bonds for organizations meeting federal and state guidelines. There is no financial risk to the county or to county taxpayers. The obligation for repaying the debt rests solely with the organizations.

Any corporation or small company looking to access the low-cost and tax-exempt project financing made available through the IDA should contact Jim Coleman, executive director of the IDA, at (914) 995-2963 or [email protected].

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