Banquier Francaise est charge’ pour Fraude. BNP Paribas a été condamné à une amende de $8.9 Billion

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WPCNR FBI WIRE. From the Federal Bureau of Investigation. July 2, 2014:

France’s largest bank—and the fourth largest financial institution in the world—has admitted to large-scale, systematic exploitation of the American financial system on behalf of countries facing U.S. economic sanctions (such as Sudan, Iran, and Cuba) and has agreed to pay record penalties of nearly $9 billion.

BNP Paribas (BNPP), a global financial institution headquartered in Paris, has admitted its role in violating the International Emergency Economic Powers Act and the Trading with the Enemy Act by processing billions of dollars of transactions through the U.S. financial system on behalf of entities subject to U.S. economic sanctions.

“BNP Paribas went to elaborate lengths to conceal prohibited transactions, cover its tracks, and deceive U.S. authorities,” noted Attorney General Eric Holder during a press conference yesterday at the Department of Justice in Washington, D.C. “These actions represent a serious breach of U.S. law.”

According to documents released yesterday, from 2004 until 2012, BNPP illegally moved more than $8.8 billion through the U.S. financial system on behalf of sanctioned entities and used a variety of schemes to conceal the true nature of the transactions from U.S. regulators.

For example, BNPP routed illegal payments through third-party financial institutions to conceal the involvement of the sanctioned entities as well as BNPP’s role in the transactions. In addition, the bank instructed other financial institutions not to mention the names of sanctioned entities in payments sent through the U.S. and removed references to those entities from payment messages, thereby enabling the funds to pass through the U.S. financial system undetected.

“The significant financial penalties imposed on BNP Paribas send a powerful deterrent message to any company that places its profits ahead of its adherence to the law,” said FBI Director James Comey. “We will continue to work closely with our federal and state partners to ensure compliance with U.S. banking laws to promote integrity across financial institutions and to safeguard our national security.”

During the course of the more than four-year investigation, FBI agents from our New York Division and criminal investigators from the Internal Revenue Service reviewed scores of financial documents and e-mails to unravel the illicit activity and made numerous trips overseas to interview people with knowledge of the transactions.

The majority of illegal payments were made on behalf of sanctioned entities in Sudan, which was subject to U.S. embargo based on the Sudanese government’s role in facilitating terrorism and committing human rights abuses. BNPP processed approximately $6.4 billion through the U.S. on behalf of Sudanese sanctioned entities between 2006 and 2007, including approximately $4 billion on behalf of a financial institution owned by the government of Sudan, even as internal e-mails showed BNPP employees expressing concern about the bank’s role assisting the Sudanese government.

In March 2007, a senior compliance officer at BNPP wrote to other high-level BNPP employees reminding them that certain Sudanese banks BNPP was dealing with “play a pivotal part in the support of the Sudanese government which … has hosted Osama Bin Laden and refuses the United Nations intervention in Darfur.”

The case against BNPP “should send a strong message to any institution anywhere in the world that does business in the United States,” Attorney General Holder said. “Illegal conduct will simply not be tolerated.”

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White Plains Pools — Kittrell and Gardella — Open

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City of White Plains Pools Officially Open for the Season!

White Plains residents are invited to splash and swim the summer away at the Gardella and Kitrell Park Pools. Both pools are open daily from noon to 6:30 p.m. Late nights will be held at each pool once a week: Kittrell Park Pool will be open until 7:30 p.m. every Wednesday and Gardella Park Pool will be open until 7:30 p.m. every Thursday. Gardella Pool is located on Ferris Avenue and Kitrell Pool is located on Fisher Avenue.

A White Plains Recreation I.D. card is required for admittance to both pools. The swim season will end on Sunday, August 31, 2014. Recreation I.D. cards may be obtained at the Recreation & Parks Department, located at 85 Gedney Way. For additional information about the City’s pool facilities or Recreation I.D. cards, please call the Recreation Office at 914.422.1336.

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Michael Keating’s Role in Shaping the Politics of the White Plains of Today by White Plains Historian

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WPCNR IT HAPPENED IN OLD WHITE PLAINS. An excerpt from the White Plains Historical Society publication, IT HAPPENED IN OLD WHITE PLAINS by Renoda Hoffman. Published with permission of the Society:

Editor’s Note: Former Councilman and Mayor Michael J. Keating who died Sunday, figured prominently in a tumultuous period in White Plains history. As White Plains historian, Renoda Hoffman recounts in the White Plains Historical Society book, It Happened in Old White Plains: Here is her account of Mr. Keating’s role in the events of the mid-1970s  that changed White Plains politics in her book:

Carl J. Delfino became the city’s eleventh mayor when he took office on New Year’s Day in 1974. Hospitalized for a Toer infection five days later, he suffered a stroke  on January 18th and did not return to his home until March where he remained incommunicado.

Council President Harry Gordon, who had been acting Mayor, resigned on May 3rd, reducing the Common Council to four members, two Republicans and two Democrats. This was followed by so much debating and in-fighting that no agreement on either an acting or interim mayor could be reached.

On May 22, 1974, a State Supreme Court justice ruled that Democrat Michael J. Keating should, as senior councilman, perform as acting Mayor. This settled only one problem.

A Special Election held in July put two more Democrats on the Counil. Mary Ann Keenan  and Wirth Koenig joined fellow Democrats Keating and Alfred Del Vecchio in opposition to Republicans Michael M. Coffey and William Rose, Jr.

On July 18th, Mayor (Carl) Delfino’s resignation was submitted, but nine days before the resignation was to become effective, Delfino died, aged 53. His loss was a shock to the entire community.

On August  14th ,1974, the Democratic Party nominated Keating as their candidate to run for mayor in November. But agreement on who should assume the duties of interim  mayor for the next five months could not be reached. Names were presented to  the council and rejected by tie vote.

To break the deadlock, the name of Richard Maass was presented to the council. Maass was a well-known Democrat respected by bnoth parties and well qualified, although he had never held elective office.

Unexpectedly, Councilman Rose switched his vote to break the tie and the city had its twelfth mayor. On August 20th, 1974. Maass, a 56-year-old investment and real estate  broker, became the first Democrat to serve as mayor since Ffarrington Thompson’s term ended in 1921.

Four months of bitter political fighting was over.

In the November special election, 36-year-old  Michael Keating, an attorney, Philadelphia-born and resident of White Plains for 13 years, was elected mayor. On January 1st, 1975, he was sworn in to complete Delfino’s unexpired term.

In the fall of 1975, (the Mayor’s term then being just two years an election was held  for the next two year Mayor), Councilman Alfred Del  Vecchio, 52-year-old  professional engineer, professor of mechanical engineering at Manhattan College, and Democrat-turned-Republican defeated Keating by a slim margin.

Two years later in 1977, Del Veccho became the city’s first four-year mayor upon passage of a local law amending the city charter. He was re-elected to four-year terms in 1981 and 1985.

Editor’s note: In 1993, with Mayor Del Vecchio seeking a sixth term , Mr. Keating  and Michael Coffey would challenge Mr. Del Vecchio in a Republican Primary in October. Mr. Coffey won and secured  the Republican nomination. against Democrat Sy Schulman. Mr. Del Vecchio was nominated to run on the Conservative line. In the three man race,  Mr. Del Vecchio and Mr. Coffey split the Republican vote and Mr. Schulman won ending Mr. Del Vecchio’s 18 years as Mayor of White Plains. Ms. Hoffman’s book and other exclusive publications and historical items  may be purchased at the White Plains Historical Society Gift shop, at http://www.whiteplainshistory.org/giftshop.html

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Michael Keating: Former Councilman and Mayor, Dies.

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WPCNR MILESTONES. From McMahon, Lyon & Hartnett Funeral Home. July 1, 2014:
Michael Keating, the former Councilman and Mayor of White Plains, passed away on June 29, 2014 at the age of 75.
He was born in Philadelphia, PA to the late Mary (Jordan) & Patrick Keating on May 31, 1939. Michael married his wife, Rebecca, in Santa Barbara, CA on June 26, 1965. Together they have 2 children: Mary Brooks Keating & James O’Malley Keating, both of White Plains. Also surviving is a grandchild Nico Talia Keating and 2 sisters; Corinne Keating Devereux & Jane Keating Ryan.
Michael was a graduate of Power Memorial Academy in NYC , Villanova & NYU Law School. He was a self-employed attorney. He served on the White Plains Common Council from 1970-1973. He was elected President of the Common Council in 1974 and was appointed Acting Mayor later that year when his predecessor, Carl Delfino, died in office. He was elected to the mayoralty in 1975 serving a one-year term.
As a Councilman, Michael was instrumental in preventing the erection of a huge elevated feeder route into White Plains that would have blighted both the shopping district and certain residential areas of the city (Battle Hill).
As Mayor, he was responsible for major decisions concerning the development of the extensive urban renewal area in downtown White Plains. Those decisions transformed the city into the dynamic urban center that it is today.
Visitation will be Wednesday 2-4 & 7-9PM at McMahon Funeral Home 491 Mamaroneck Avenue, White Plains, New York.
. Mass of Christian burial will be Thursday 10 AM at Mt Carmel Church with interment to follow at Gate of Heaven Cemetery. In lieu of flowers, please make a donation to Red Cloud Indian School, 100 Mission Drive, Pine Ridge, S.D. 57770 in Michael’s name.
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Governor Cuomo Announces Plan to End “AIDS EPIDEMIC’ in State

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WPCNR ALBANY ROUNDS. From the Office of the Governor. June 29, 2014:

Governor Andrew M. Cuomo today announced a three-point plan to “bend the curve” and decrease new HIV infections to the point where the number of people living with HIV in New York State is reduced for the first time. The end of the AIDS epidemic in New York will occur when the total number of new HIV infections has fallen below the number of HIV-related deaths.

The “Bending the Curve” three-point program includes:

1. Identifying persons with HIV who remain undiagnosed and linking them to health care;
2. Linking and retaining persons diagnosed with HIV to health care and getting them on anti-HIV therapy to maximize HIV virus suppression so they remain healthy and prevent further transmission; and
3. Providing access to Pre-Exposure Prophylaxis (PrEP) for high-risk persons to keep them HIV negative.

“Thirty years ago, New York was the epicenter of the AIDS crisis — today I am proud to announce that we are in a position to be the first state in the nation committed to ending this epidemic,” said Governor Cuomo. “New York State has reached an important milestone in controlling the AIDS epidemic, and through this comprehensive strategy, we are decreasing new HIV infections to the point where by 2020, the number of persons living with HIV in New York State will be reduced for the first time.”

The first report of AIDS occurred 33 years ago on Thursday, July 3, 1981, with some of the first AIDS cases occurring in New York. The momentum to bring the HIV/AIDS epidemic to a close already exists in New York State. New York has eliminated HIV transmission via blood products; virtually ended mother to child HIV transmission; and decreased new HIV diagnoses due to injection drug use by 96% since the mid-1990s.

While the nation as a whole has seen no decrease in the number of HIV diagnoses, over the last decade, New York State has achieved a 40 percent reduction in new HIV cases and significant decreases in HIV incidence across all categories of race, ethnicity, gender, age, and risk. Although the number of new HIV infections has been declining for a number of years, the total number of New Yorkers living with HIV/AIDS has continued to increase. This is because people with HIV can now live a normal life span and the number of HIV/AIDS deaths is also decreasing.

In 2014, there were 3,000 newly diagnosed HIV infections, down from 14,000 newly diagnosed AIDS cases in 1993. The goal is to reduce the number of new HIV infections to just 750 by 2020; about the same as the number of tuberculosis cases in New York State each year.

“Bending the Curve” will precipitate a dramatic downward trend in new HIV infections beyond the current trend. Though this effort will result in increased HIV medication expenses, it is well worth the investment given the human cost, and over time the initiative will pay for itself. Each averted HIV infection saves almost $400,000 in lifetime medical costs, and by 2020, “Bending the Curve” will save the State an additional $317 million and prevent more than 3,400 new cases of HIV.

This plan would not have been possible without the support of our legislative leaders, and several key policies in support of “Bending the Curve” have already been enacted this year in the budget, including:

• The removal of the requirement for written informed consent to get an HIV test, allowing HIV tests to be ordered through a verbal consent like any other medical test.
• Allowing data collected by the health department to be shared with health care providers to find persons with HIV who have fallen out of care.
• A 30% cap of the proportion of an HIV patient’s income that can be spent on rent, keeping persons with HIV stably housed, which improves their ability to stay on their medication.

Additionally, the New York State Department of Health Medicaid Program has successfully negotiated supplemental rebates with the three pharmaceutical companies representing 70% of the HIV market, AbbVie, Bristol-Myers Squibb, and Gilead; this agreement will further decrease the costs to the state for ensuring all HIV-infected persons are on appropriate medications. Additional pharmaceutical companies may join the agreement.

Housing Works CEO Charles King said, “This step by Governor Cuomo, setting a clear goal to end the AIDS crisis in New York State, is absolutely courageous. In doing so, the Governor is reshaping the way we think about the AIDS epidemic and is setting a new standard for leaders of other jurisdictions in the United States and, indeed, around the world.”

New York City Human Resources Administration Chief Special Services Officer Dan Tietz said, “On this LGBT Pride Day, I greatly applaud Governor Cuomo for boldly leading in our three decade long fight to end the AIDS epidemic. We have the science and means to bring HIV infections below epidemic levels and with the Governor’s and Mayor Bill de Blasio’s smart leadership, we can end AIDS in New York by 2020. HRA is now implementing the 30% rent cap, agreed to by the Mayor and Governor in February, which is another part of this effort to save lives and money. Today’s game-changing action will push other leaders in the U.S. and beyond to take the necessary steps to end the HIV/AIDS epidemic for all.”

Harlem United CEO Steven C. Bussey said, “While we are heartened by the progress we have made in confronting the AIDS epidemic in New York State, we know that we still face an epidemic of crisis proportions for many communities. Governor Cuomo’s announcement to create a plan to end AIDS demonstrates the leadership and political will needed to end the epidemic as we know it in New York State.”

Treatment Action Group Executive Director Mark Harrington said, “The goal is ambitious, but grounded in reality. NYS has always been a leader and center of innovation in the fight against HIV/AIDS. We have seen an almost 40% decrease in new HIV diagnoses in the last decade, with fewer new infections each year, while nationally there has been no decline in the number of new HIV infections diagnosed each year. With continued implementation of the Affordable Care Act and the State’s successful Medicaid reform, we’ve gained the momentum necessary to put more people living with, and at risk for, HIV into primary care and the support services necessary to achieve success.”

Gay Men’s Health Crisis CEO Kelsey Louie said, “We applaud the Governor for his decisive leadership and commitment to end AIDS as an epidemic on this 45th anniversary of the Stonewall Riots, a rallying cry to fight back against social injustice. The plan to end AIDS can hopefully result in a dramatic decrease in new infections among MSMs and transgender women, especially within the low income communities of color, some of our hardest hit populations.”

Acting Executive Director of AIDS Community Research Initiative of America Benjamin Bashein said, “ACRIA applauds Governor Cuomo for his bold plan to end AIDS in New York State. We now have the knowledge and the means to dramatically reduce new infections and promote optimal health for those with HIV. Governors Cuomo’s leadership will make New York a model for ending AIDS across the country and around the globe.”

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Secret New Teacher Contract Proposed by School Board and Teacher Negotiating Team is Rejected by Teachers, 52% to 48%

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WPCNR SCHOOL DAYS. By John F. Bailey. June 27, 2014:

The White Plains Examiner reported in this week’s issue that the White Plains Teachers Association had rejected a third, tentative contract  offered them by the White Plains City School District in the last week.

The clerk to the White Plains Board of Education Michele Schoenfeld confirmed to WPCNR Friday  the White Plains Board of Education had not announced publicly in any public meeting  or news release that a tentative agreement had been reached with the teachers who have been without a contract for two years. There has not been an announcement by the district of the offer, the proposed new contract, or announcement of the rejection of the offer.

The “secret from the public” contract (the district’s third offer to its teachers since 2012) was rejected in a vote held Friday, June 20, one week ago.

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Tthe President of the White Plains Teachers Association, Kerry Broderick,  (above, shown in a photo from the WPTA website) told WPCNR Friday the  vote of rejection was  273 “No’s” to 254 “Yes,” a margin of 52% against the contract and 48% in favor.

The teachers have rejected an offer that would have slowed the pace of step increases by paying half the proposed increases in September and the other half in January in the three contract years ahead.  The rejected agreement would have increased salaries across the board by .9 % beginning in 2014-15,  3/4 of a percent in 2015-16, and .4% in 2016-17. The rejected agreement did not offer across the board retroactive salary  step increases for 2012-13 and 2013-14, the year ending in 2 days.

Broderick said reports that no increases would be received by teachers in 2012-13,2013-14   was technically not correct. She told WPCNR that the teachers were paid step and lane (academic degree progress)  increases they were entitled to under the New York State Taylor Agreement the last two years under the previous step chart of the old contract that took effect February 1, 2012

Also part of the rejected contract teachers at the top step of 20 years experience, would have received a $600 one-time payment added to their 2013-14 pay.

For example, in the second year without a contract, 2013-14, a teacher with a BA plus 15 credits towards an MBA in their 7th year in the district this year received a $2,394 salary increase automatically as part of the previous contract effective February 1, 2012 under the Taylor Law provision.  White Plains teachers got step increases in 2012-13 and 2013-14. The proposed  now defeated contract did not add increases to those step increases

There was also one-time incentive of a flat $3,000 one-time cash payment  to induce teachers currently on a health plan other than Statewide Schools Health Insurance (the state schools insurance cooperative) to switch to SWSCHIP

Health care premium payments for teachers in the three years ahead would have gone up from 10.5% to 11.5% beginning July 1,2014; in 2015-16, 11.5% to 12.5% and in 2016-17, 12.5% to 13.5%.

The Memorandum of Agreement notes comparable settlements of school districts in the area:

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The complex but now in limbo proposal may be viewed, at www.wptaonline.org, the White Plains Teachers Association website by clicking on “Tentative Contract,” “MOA, JUNE 14” and “Draft 2014-15 Step Chart,” “Draft 2015-16 Step Charts,” “Draft 2016-17 Step Charts.”

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The previous two offers from the district occurred under the previous Superintendent of Schools, Dr. Christopher Clouet, and  were rejected though Dr. Clouet did not directly negotiate the contracts.

Last week’s losing 52% to 48%  margin was exactly the same of the first contract rejection during Dr. Clouet’s Superintendentship (though Clouet was not involved in the negotiations) in September, 2012, 52% to 48%.  Two months later the contract was reoffered to teachers without change and was resoundly rejectd by a 2 to 1 margin.

Kerry Broderick, President of the White Plains Teachers told WPCNR that the new contract grew out of negotiations begun during the fact-finding process with the Board of Education negotiating team and the Teachers negotiation team.

She said the fact finder (supervising the process) has not made an official report, and Broderick said it was normal that in any fact finding process, negotiations were always possible and considered.

Asked if she had a sense of why the contract that expanded step salary increases to 20 levels, offered generous incentives for teachers willing to reject present health, and offered across-the-board salary increases, after no salary raises for the previous two years was reject, Broderick said she did not know and would have to get a sense of her membership when teachers started preparing for the new school year August 1.

She said she did not participate with her 7-teacher team of negotiators, whom she said represented a cross section aware of all salary levels, seniority and teacher universe demographics. She declined to name negotiators for the school district, but said that Interim Superintendent of Schools Timothy Connors participated.

As of late Friday night, the White Plains Board of Education has not issued a statement.

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County Legislature Majority Leader Supports HUD Monitor’s Criticism of County Response to Proceeding with I.D.-ing Zoning Roadblocks in Towns Short Affordable Housing.

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WPCNR COUNTY CLARION-LEDGER. From the Westchester County Board of Legislators. June 27, 2014:

Westchester County Board of Legislators (BOL) Majority Leader Catherine Borgia (D-Ossining) released the following statement today in regard to the new assessment report  (released Thursday, see story below)  from the federally-appointed monitor James E. Johnson concerning the housing settlement between Westchester County and the U.S. Department of Housing and Urban Development (HUD):

“I appreciate the diligent efforts of Mr. Johnson and his staff in preparing this thorough analysis of the County’s progress in completing the terms of the housing settlement. By working collaboratively with the monitor and our local municipalities, we are moving forward in making sure the County successfully completes the housing agreement.

“I am grateful for the local officials and leaders for working with the County to clear the logjam around the final steps of the housing settlement. Let there be no doubts that by working collaboratively, we can complete the terms of the settlement and continue to provide housing for our seniors, veterans, young professionals and hard-working families in Westchester.

“The monitor’s report notes that the County needs to do a better job in promoting and educating our residents and local officials about affordable housing, and I could not agree more. County residents are not served by political posturing and reckless misinformation about the settlement. We must work together to create a positive vision for the county’s future that will benefit all Westchester communities.”

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WHITE PLAINS WEEK PREVIEWS THE FASNY HEARING AND WESTCHESTER COUNTY CRIMINAL LAW EXPERT DISCUSSED THE SUPREME COURT CELLPHONE AND ABORTION BUFFER ZONE DECISIONS ON www.whiteplainsweek.com

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IF YOU MISSED 

WHITE PLAINS WEEK’S

PREVIEW OF THE FASNY HEARINGS LAST WEEK.

SEE IT TONIGHT  ON

www.whiteplainsweek.com

(Download and view)

 

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PETER KATZ     JOHN BAILEY     JIM BENEROFE

ON

THE TROPICAL HEAT WAVE

COUNCILPERSON NADINE HUNT-ROBINSON’S CHALLENGERS

GEDNEY ASSOCIATION HAS ONE LIFELINE LEFT

THE LEFKOWITZ DECISION AND WHAT IT MEANS FOR THE FASNY HEARINGS COMING UP!

CLOUDY FUTURE FOR PLAYLAND BUT ATTENDANCE IS BRIGHT AHEAD

INSIDE THE COUNTY’S NEWEST AFFORDABLE HOUSING IN BRIARCLIFF MANOR

CONSTRUCTION ROUNDUP

ONE OF GOP STRATEGISTS — WILLIAM “F” O’REILLY —  

ASTORINO ACE NOT  PLAYED.

 

AND

ON PEOPLE TO BE HEARD

“Westchester County’s Most Relevant Interview Program”

you’ve got

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 WHITE PLAINS OWN

CHARLES LEDERMAN

Co-CHAIR OF THE WESTCHESTER COUNTY BAR ASSOCIATION CRIMINAL BAR

OUTSTANDING DEFENSE ATTORNEY

ON

THE SUPREME COURT’S DECISION REQUIRING WARRANTS TO SEARCH CELLPHONES.

WHAT IT MEANS FOR POLICE AND FUTURE CONVICTIONS.

THE ABORTION BUFFER DOWN RULING

WHAT IT MEANS FOR FUTURE DEMONSTRATIONS

AND MORE ISSUES AFFECTED BY THE SUPREME COURT

‘DOWNLOAD FROM THE NET FOR THE COMMENTARY FROM THE MAN EO

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HUD MONITOR: COUNTY DRAGS OUT ANALYSIS OF IMPEDIMENTS TO AFFORDABLE HOUSING IN 17 OF 31 COMMUNITIES: STANDS TO LOSE $5.2 MILLION MORE IN 2012 HUD FUNDS PERMANENTLY PRESENTLY WITHELD

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WPCNR HUD WATCH. From the County Board of Legislators. June 26, 2014:

James E. Johnson of Debevoise & Plimpton LLP, the HUD Monitor appointed to supervise Westchester County compliance with its affordable housing settlement, challenged the county yesterday to do better and put together an acceptable “Analysis of Impediments” to building affordable housing to compete HUD’S demand the city provide 750 of affordable units.

Failire to do so, in a timely fashion will result in a permanent loss of additional $5.2 Million in HUD community development aid  withheld from the county in 2012, bringing the total of aid taken away from the county to $12 Million. He concluded his 70-page chronicle of the dispute to date with this paragraph:

“If the parties are unable to resolve this dispute, the County will lose an additional $3,915,674 in CDBG funds, $846,884 in HOME funds, and $465,789 in ESG funds, a total of $5,228,327 in funds that would aidthe County in furthering the purposes of the Settlement as well as bettering its community.

The uncompromising concluding paragraph ended  a  70-page Progress Report on the ongoing dispute between Westchester County and the Department of Housing and Urban Development over resolving alleged discrimination in zoning in 31 Westchester Communities.

Johnson wrote 17 of the 31 communities have failed to adopt a model ordinance that would remove zoning restrictions. Johnson writes in the report:

“As of March 31, 2014, 17 of the 31 municipalities have failed to adopt a versionof the model ordinance. See Ex. 16 (2014 Q1 Report) at 17. Paragraph 33(c) of the Settlement requires the County to “create and fund campaigns to broaden support for fair housing . . . including public outreach specifically addressing the benefits of mixedincome housing and racially and ethnically integrated communities.” A concerted public education campaign directed at existing Westchester residents would raise awareness and reduce the potential for the local approval process to be used as a vehicle for racialanimus. The County has yet to fulfill this obligation under the Settlement.”

In the report, Johnson blames County Executive Robert P.Astorino for blocking the Board of Legislators initiative to pave the way for creating a zoning code that could meet HUD’S adjustments, writing:

“…the Chairman of the BOL (Mike Kaplowitz) engaged with HUD in an effort to resolve the impasse. In a letter dated May 6, 2014, the Chairman represented that the BOL had the “necessary authority” to provide the requested assurances to HUD, and provided the legal justification for doing so. 

HUD requested that the Chairman provide HUD with: (1) a timeline and benchmarks for enacting a local law that commits the County to providing the necessary assurances; (2) a “plan for completing the required zoning analysis;” and (3) an “explanation of the Board’s authority to subsume traditional executive functions necessary to implement” astrategy to overcome exclusionary zoning practices. As part of its effort to revise the County’s AI (Analysis of Impediments), the BOL asked the Monitor to task his housing experts to conduct an evaluation of the 31 eligible municipality’s zoning ordinances under the federal standard for exclusion 

The Monitor (Johnson) agreed to oversee the analysis, and provided HUD, the BOL, and the County Executive with the proposed methodology to be used in conducting the analysis, and requested that the parties notify him with any objections.

The County Executive (Mr. Astorino) has opposed this approach. In a press release issued on June 5, 2014, he characterized the Monitor’s letter as “a plan to rewrite the 2009 federal affordable housing settlement” in such a way that would give HUD “unprecedentedpower to dismantle local zoning.”  

The County Executive also sent a letter to the 31 eligible municipalities stating that the alleged “changes to the Settlement” would result “in the loss of Home Rule, your authority to control local land use – as guaranteed by the New York State Constitution,” and that “HUD could dictate local zoning changes and open your municipality to never-ending investigations by the federal government.”

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