State of the County

WPCNR NEWS AND COMMENT. By John F. Bailey. April 28, 2013:


Well, we heard the County Executive State of the County speech last Tuesday evening.


Well What kind of speech was it?


Exactly the kind of speech White Plains Week told you last week he would give. How do we know these things? Because White Plains Week has been observing politicians for the last twelve years. They are predictable. And uncreative. And pathologically believe everything will get better if we just hold on.


Last week’s show I said Mr. Astorino would tout the Astorino record of holding the line on taxes the last three years, and criticize the Democrats for not going along with his cuts…he did exactly that touting his three P’s:  Protect taxpayers, Preserve essential services, promote economic growth, cutting the tax levy 2% and keeping it there for two years—obliquely challenging the legislator to set priorities, make hard choices and that partisanship must give way to partnership, rhetoric must yield to leadership  Improving what is working, fixing what’s not and focusing on symptoms of problems…then proceeded to lapse into 40 minutes of rhetoric.


I said he’d say Westchester employment is coming back, he did mentioning businesses he helped keep: Pepsi, Captain Lawrence, Bake-A-Wish, and Regeneron saving 4,800 jobs and 4,600 new jobs. And pointing out he has $58 Million in capital projects awaiting legislature approval and $75 Million planned and creation of the Local Development Corporation providing access to low cost tax exempt financing for non-profits.


I said he’d lobby hard for Sustainable Playland and legislature approval of that Playland designated developer, but he added no new reasons to believe Sustainable Playland is going to get this done –no change in Sustainable’s capitalization was reported. The proposal continues to languish as does the disturbing lack of swift Playland repair.


This week in county committee we learned the north boardwalk was not going to be repaired and the casino would not be ready until winter. This dawdling on Playland repair  is a dropped ball by both Astorino and the legislature. Together their lack of sense of urgency is going to kill this park in my opinion.


I said he’d defend his position of defiance of HUD, and he did that with a vengeance,and his opposition to zoning change creavity.


He predicted that if the county did not fight HUD EVENTUALLY  HUD would have the county build 10,768 affordable units and cause a 200% tax hike. He was over the top on this, but I also said he would not offer an olive branch like vowing to develop zoning changes for each community, to fulfill the HUD demands.


 He did not offer a counciliatory said, as I said he would not. A missed opportunity there since after the U.S. attorney threatened the county with a contempt of court, Astorinio released the source of income legislation to the legislature for their action the next. What a mistake.


I said he would say how great his administration performed during Hurricane Sandy…he did citing several anecdotes. But, if you recall Hurrincane Sandy, it was not until after communities started screaming that the county huffed and puffed about the outages.


I said Mr. Astorino would probably not talk Tappan Zee Bridge traffic flow and transit in Westchester County after the new bridge opens. I was wrong, he did say we should not have congestion after the bridge is built BUT HE MADE NO PROPOSALS….He has to start taking positions and taking recommendations to the people, not just be on commissions.


I said he probably would not back off seeking an injunction to stop HUD from withholding federal community development funds. He did not say he would not seek an injunction.


I said he would not introduce plans for cutting non-union staff to lower taxes farther and he — surprise — did not.


I said he would not say he would cut any county departments—and he did not suggest cutting or combining any – no new cost cutting initiatives.


I said he probably would not ask the legislature to undertake a study of county government and make their recommended cuts to county government to reduce spending, and he did not – another missed opportunity to fire a salvo at Westchester’s new great hope Noam Bramson.


Astorino lauded his improvements to the Department of Social Services –increasing spending by $17 Million to $559 Million…increasing slots for taxpayer subsidized day care to 600 (18%) raising the adoption rate 41%


And of course there are his green initiatives.


It was a speech that talked about the past and not the future. But this is his main selling point…holding the line on taxes.


Now the question is whether Noam Bramson can do all he says he wants to do without raising taxes…where have we heard this before…I think a guy running for office 4-1/2 years ago said that somewhere in this country.


The state of the county is a sorry state. No leader is looking at reality. No one in government has any interest in changing things. Leadership we have and would-be leaders tell us what we want to hear.


We as individuals want to believe what we hear, because believing the lies is much more comfortable than realizing the uncompromising truth.


 


 


 

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The Greenway Extension Survey


CITY PLANS TO OPEN 9-ACRE BRYANT PRESERVE TO PUBLIC AS PART OF GREENWAY EXTENSION.



Greenway (green line shown lower left) would be extended through Sam’s of Gedney Way Parking lot..up former Westchester Railway Bed to Bolton Avenue, requiring some take back of city right of way. It is unclear whether it would go from Bolton Ave up to Mamaroneck Avenue or end there. Walkers could then enter the soon-to-be-opened-to-the public Bryant Nature Preserve (city property)in upper right of the above map, where the Department of Public Works is planning a winding nature trail and footbridge for enjoyment of Greenway Walkers.



Commissioner of Public Works, Joseph Nicoletti displays the path of the Bryant Nature Preserve Walkway (white line within the satellite map), at the Department of Public Works budget review Monday evening. It was the first public announcement of the plan that would add to the “necklace of green pearls” as the Greenway was once described


WPCNR MR. AND MRS. WHITE PLAINS SURVEY. April 27, 2013:


The city is planning on spending $50,000 to extend the Greenway trail from Gedney Way north to Mamaroneck Avenue and opening the Bryant Avenue preserve at the southeast corner of Bryant and Mamaroneck Avenue.


First, our survey seeks to get an understanding of how many citizens walk the greenway that exists south of Gedney Way, and second, whether citizens like the expansion.



The Bryant Preserve soon to be opened…target date July 1…as seen from Bryant Avenue looking to the Mamaroneck Avenue intersection.


 

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Guests Affected by Norovirus at Rye Town Hilton

WPCNR HEALTH WATCH. April 27, 2013 UPDATED 9:30 P.M. E.D.T.: 


The County Health Department announced Friday the cause of an outbreak of nausea among guests attending a fund-raiser at the Rye Town Hilton last week to a norovirus. One hundred guests came down with vomiting and nausea within days of attending a benefit held for the Pelham Picture House .


Caren Halbfinger issued this statement to WPCNR from the Westchester County Board of Health:


The health department has received reports that some people have become sick after attending events last weekend at the Hilton Westchester. We are coordinating our response with both the Hilton and the organizers of these events. Hotel management and staff are being very cooperative and have notified organizers of upcoming events about these recent illnesses. We are working closely with hotel management and staff to ensure every precaution is taken to prevent illness.


 


We suspect it is caused by Norovirus, a stomach bug whose symptoms are vomiting and diarrhea. We are reaching out to interview all those who may be affected to help determine the source of the illness and to identify any new cases. We don’t know how many are affected yet.


 


The health department has had inspectors on site daily this week and will continue to do so over the weekend. Inspectors are reviewing sanitary procedures throughout the hotel, as is our routine practice in these situations. Public health nurses are also reaching out to those who may be affected to help determine the source of the illness and to identify any new cases.


 



 Noroviruses, (according to the Medical Terms dictionary) are a group of viruses that are a common cause of food poisening and acute gastroentroitis  that can strike quickly with force and make a person feel very sick but which typically resolves within 2-3 days. The characteristic symptoms are nausea, vomiting, diarrhea  and abdominal cramping. The diarrhea is not bloody. Fever,  if present, is low-grade. Dehydration is the main complication, especially in infants and the elderly, and may need medical attention.


The clinical criteria for the diagnosis include:




  1. an incubation period of 12-36 hours;
  2. an illness characterized by acute onset of nausea, vomiting, diarrhea, abdominal cramping, and, in some cases, fever and malaise;
  3. an illness of 12-60 hours duration.

The virus is spread primarily from one infected person to another (by the fecal-oral route). Infected kitchen workers can contaminate a salad or sandwich as they prepare it, if they have the virus on their hands. Infected fishermen have contaminated oysters as they harvested them. Norovirus infection has become a veritable “plague” on cruise ships.

 

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Injunction Denied: Was to Prevent HUD From Taking $7.4 Million Away

WPCNR WHITE PLAINS LAW JOURNAL. From the Westchester County Department of Communications. April 26, 2013 UPDATED April 27, 2013:


 


With the backing of County Executive Robert P. Astorino and the Board of Legislators, Westchester County today went to court to block the Department of Housing and Urban Development from abusing its power by taking away $7.4 million that it had promised to Westchester two years ago, much of it for the county’s neediest residents to prevent homelessness and foreclosures and to improve neighborhoods.


 


According to County Legislature Chair, Kenneth Jenkins,


The Federal Judge hearing the case Friday, refused to grant an injunction delaying the U.S. Department of Housing and Urban Development taking away $7.4 Million in community development funds, Judge Denise Cote saying it was premature because the funds are not scheduled to be withdrawn until September and a new county zoning plan for targeted communities requiring affordable housing in HUD judgment still could be accepted by the agency. 


 


Jenkins issued this statement on the stay of injunction:


“While I am not surprised by Judge Cote’s decision, I am pleased for the county’s municipalities and taxpayers, which will be hurt by the loss of these CDBG funds, that the Judge has left the door open for County Executive Astorino to submit an acceptable analysis of exclusionary zoning. This action would signal to HUD good faith and an understanding of the seriousness with which the County is moving forward with compliance of the settlement.



“Because the court-appointed monitor, James Johnson, recently informed the County that the analysis of exclusionary zoning that he is undertaking will be soon completed, I urge County Executive Astorino to immediately provide a statement that his Administration will develop a plan to address any zoning issues that reflects the monitor’s findings.



“County Executive Astorino responded with Source of Income legislation to prevent personal fines and jail time and throwing the County into contempt of court, so I’m confident he can make a statement providing assurances acceptable to HUD to protect this vital funding. The County Executive should stop playing chicken with Westchester’s CDBG funding.”


The papers served in federal court sought immediate injunctive relief to prevent HUD from giving away money allocated to Westchester County in 2011 to other communities around the country.



             “HUD is not allowed to make up its own rules for this money,” Astorino said. “Westchester is entitled to fairness and due process just like every other community in the country. What makes matters worse is that HUD is hurting the very people it claims it is always trying to help. This money is designated for some of Westchester’s neediest residents including the homeless and those facing foreclosure. This is HUD behaving badly – both legally and morally – and the county, on a bi-partisan basis, is going to court to stop it.”


            HUD began withholding money from what is called Community Planning and Development, or CPD, funds two years ago in an effort to force Westchester County to go, in HUD’s words, “beyond the four corners”  of the affordable housing settlement reached by former County Executive Andrew Spano and the federal government in 2009.


            The county maintains that it is in full compliance with the settlement and that HUD has no right to make demands that go beyond the terms of the agreement. Much of the $7.4 million that HUD has refused to release to the county would go to municipalities not associated with the settlement.


            The settlement calls for 750 units of affordable housing to be built in 31 so-called “eligible” or mostly white communities by the end of 2016 with $51.6 million of county funding. The county is ahead of schedule in meeting its goals with 305 units having financing in place and 110 units already occupied.


            As further evidence of compliance, in response to HUD’s most recent demand, the county has sent to HUD an update to a document called an AI or “analysis of impediments,” which looks at potential obstacles to building fair and affordable housing, such as zoning.  


            Under the settlement, the county must produce an AI that is acceptable to HUD. So far HUD has rejected all of the county’s previous submissions, despite the fact that they have been far more comprehensive than any other AI ever produced for HUD by communities around the country.


            One of the county’s legal arguments is that every time it has submitted additional information to HUD, the agency does not comment except to say it is insufficient and then layers on additional demands with each rejection. The latest AI, submitted to HUD on Wednesday,  is 236 pages and includes a 74-page Action Plan and an additional 1,500 pages of supporting documents. HUD has routinely accepted AI’s that have been much less detailed with Action Plans of only a couple of pages with little or no discussion of zoning.  (Link: www.westchestergov.com/housingsettlementAI )


            “HUD has never demanded another entitlement grant applicant to satisfy such far-reaching and exhaustively time consuming corrective action to approve its AI,” the county’s lawsuit states. Accordingly, HUD has treated Westchester County “different” and the “treatment has occurred without a rational basis and is irrationally and wholly arbitrary.”


            The impasse is over HUD’s refusal to accept the conclusion of the county’s exhaustive analysis that zoning in Westchester is not exclusionary based on race. To back up its conclusion, the county analyzed all 853 zoning districts in Westchester, across 31 criteria that produced 26,443 data points. In addition, John Nolon of  Pace University conducted a separate legal analysis that supports the county’s conclusion. As more evidence that Westchester’s zoning is not exclusionary, the county points to the fact that it would be impossible for the 31 communities in the settlement to be ahead of schedule in building affordable housing if their zoning codes excluded affordable housing.


            “HUD could not dispute the accuracy of the county’s conclusions, nor could HUD demonstrate a single municipality in Westchester County that had a zoning ordinance with discriminatory or segregative impact,” the lawsuit states. “As HUD could not legitimately dispute the conclusions reached by the county, HUD simply rejected the analysis, continuing to move the target beyond the county’s reach.”


            The lawsuit also points out that HUD’s own rules prevent it from applying new requirements to the disbursement of grants after they have been allocated and that the agency failed to give the county any chance to appeal.  “HUD [is] impermissibly using CPD funds to leverage compliance with its interpretation of the settlement,” the lawsuit states. “This is an abuse of HUD’s power under the statutes authorizing the granting of CPD funds, as none of those statues allow conditioning of funds.”


            Lawyers for the county are scheduled to appear before Judge Denise Cote at noon in federal court in Manhattan.

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