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WPCNR WHITE PLAINS LAW JOURNAL. From Westchester County Department of Communicatiions. March 17, 2012 (Edited):

Westchester County won a major victory today in its fight with the U.S. Department of Housing and Urban Development over the affordable housing settlement, when a federal magistrate ruled that the monitor in the case selected by HUD “erred in concluding that the County Executive violated the settlement.”

“My decision was based on my belief that the legislation was a violation of basic property rights,” Astorino said. “Landlords who want to accept federal vouchers are free to do so, but they should not be required to do so. This was a governmental intrusion that would have had the unintended consequence of actually working against the settlement because it would have made housing more expensive and less available.”

County Executive Robert P. Astorino said the decision by the magistrate showed that HUD had clearly overreached in the demands it was trying to impose on the residents of Westchester.

“My position from the beginning has been that the county will fulfill its obligations under the settlement, but it will not be bullied by the federal government into doing things that were never agreed to,” said Astorino. “I have taken principled stands where I believe the government has overreached, and I am pleased and heartened that the magistrate’s decision vindicates my actions.”

    In the case before United States Magistrate Gabriel Gorenstein, HUD and the monitor had argued that the 2009 housing settlement compelled Astorino to sign source of income legislation that would have required property owners to accept government vouchers as rental payments.

            Astorino argued that the settlement only called for the county executive to “promote” source of income legislation “currently before the Board of Legislators” back in 2009 and that former County Executive Andrew Spano, who approved the settlement, met that obligation at that time.

             Siding with Astorino’s position, the magistrate wrote: “We conclude that the parties did not intend the County’s duty to ‘promote’ obligated the County Executive to sign source-of-income legislation passed by the BOL.”

The magistrate also said that Astorino was within his rights to veto source of income legislation that came before him in July 2010 and backed up his decision with case law stating: “Courts must abide by the express terms of a consent decree and may not impose supplementary obligations on the parties even to fulfill the purposes of the decree more effectively.”

Gorenstein’s opinion then goes on to state: “Accordingly, we conclude that the able Monitor erred in concluding that the County Executive violated the Settlement by vetoing the source-of income legislation enacted by the BOL.”

Astorino vetoed the source of income legislation that came before him in 2010 calling it “hopelessly flawed.”

With respect to the zoning portion of the case, the magistrate ruled that the monitor is entitled to information with respect to zoning practices. The county believes this requirement was met on Feb. 29 (after the court papers were filed) when it submitted to the monitor its review of 43 municipal zoning ordinances covering 853 zoning districts.

The housing settlement requires the county government to ensure the development of 750 units of fair and affordable housing over a seven-year period in 31 mainly white communities. The agreement includes benchmarks for financing and obtaining building permits that must be in place by the end of each year. It also requires the county to market the housing in a way to reach non-white populations, not only in Westchester but also in New York City and surrounding counties. The county faces severe financial penalties if it fails to meet certain benchmarks.

As of this month, the county has 206 housing units approved by the federal housing monitor, of which 196 have all financing in place and 108 units have building permits in place. Under the terms of the settlement with HUD, the county was only required to have 100 units with financing and 50 units with building permits by the end of 2011. The settlement calls for 200 units with financing and 125 with building permits by the end of 2012. The county expects to meet these benchmarks this spring, placing almost a year ahead of schedule.

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WPCNR TAPPAN ZEE BRIDGE NEWS. From the New York State Department of Transportation. March 16, 2012:

The Tappan Zee Bridge Replacement Project entered its next phase with the release of the final Request for Proposals (RFP) document. The four design and construction bidders have until July 27 to submit final proposals. A copy of the RFP can be found at www.thenewtzb.com .

Thruway Executive Director Tom Madison said, “This announcement brings New York one step closer to the Thruway Authority’s goal and Governor Cuomo’s vision of building a new Tappan Zee Bridge that will last 100 years and be ready on day one to accommodate future mass transit options. The hard work and cooperative efforts of the New York State Department of Transportation, Federal Highway Administration, and the New York State Thruway Authority have created a set of specifications that will insure we maximize the public investment, provide important labor protections, and serve our customers as efficiently as possible.”

The RFP document is more than 1,000 pages and provides the four bidders with very specific requirements for their proposals to design and build the bridge.

Some highlights of the RFP requirements include the following:

Transit

In order to maximize the public investment, the contract will require that the new bridge be fully able to support transit, including allowing for Bus Rapid Transit and Commuter Rail if full systems are constructed on either side of the bridge in the future and provide immediate express bus service. This includes requirements for constructing additional lanes, structural reinforcement, and loading considerations to ensure the bridge can support both mass transit options.

Bikeway & Pedestrian Walkway

The contract includes a requirement for a 12-foot- wide shared-use path across the entire bridge that will include seating, bike lanes, and public artwork.

Disadvantaged Business Enterprises

Disadvantaged Business Enterprises will have approximately $400 million of contracting opportunities which are expected to generate more than 4,000 jobs.

Bridge Aesthetics

The bidders are required to collaborate with stakeholders to ensure visual quality and aesthetics on the bridge. The selected bidder’s bridge renderings will be available for viewing by the public.

Intelligent Transportation Systems

Intelligent Transportation Systems are included to monitor traffic patterns, improve safety, and enable more accurate real-time measurement of travel times. In addition, an Active Traffic Management System will employ an array of sensors and dynamic color messaging signs to improve operations and safety by enabling a smoother flow of traffic. This will be accomplished by alerting travelers to upcoming congestion points, varying speed limits, and notification of real-time environmental conditions via embedded weather and visibility sensors

Project Video Documentation

The selected bidder will be required to thoroughly document the construction of the new Bridge, including providing the Thruway Authority with up-to-date graphics, live video and simulations that chronicle the entire process on www.thenewtzb.com .

Highway Speed E-ZPass

The addition of three new Highway Speed E-Z Pass lanes is required to enhance traffic flow and provide environmental benefits by reducing greenhouse gas emissions caused by driver cueing and congestion at conventional toll booths.

The July deadline for submissions represents a five-week extension that will enable bidders to benefit from ongoing geotechnical analyses and refine their proposals accordingly. “Smart early geotechnical work” being conducted during this time will help minimize project risk and protect against large contingencies and cost overruns.

Distribution of the RFP is the next critical step in the accelerated schedule for building a new bridge, and the four selected internationally renowned teams will now develop design and construction plans and cost proposals. Before the project was re-scoped last fall, deliberations about a bridge and corridor project had languished for a decade, including more than 430 public meetings and at least $88 million spent on planning and environmental studies.

Since securing approval for the project to be fast tracked by the federal government, the Thruway Authority’s accelerated schedule for building a new Tappan Zee Bridge, consistent with Governor Cuomo’s vision, has resulted in the completion of several milestones that would typically take months or years being accomplished in a span of weeks or months.

In less than five months, state and federal agencies have come together to meet an aggressive schedule in pursuit of the Thruway Authority’s goal and the Governor’s vision to break ground on the historic project this year, including issuing a draft environmental impact statement and selecting a short list of bidders for the project.