County Executive Seeks Injunction to stop HUD WITHHOLD OF SANDY $7.4 M

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WPCNR COUNTY CLARION-LEDGER. From the Westchester County Department of Communications. April 10, 2013:


Calling a threat from the U.S. Department of Housing and Urban Development to take away $7.4 million in funds for Westchester and its communities “extortion based on nothing more than its unsupported opinions,” County Executive Robert P. Astorino has asked for a formal hearing with HUD to give the county the due process it is entitled to and for a partnership from the Board of Legislators in seeking an injunction to prevent HUD from arbitrarily taking away the funds that had been promised to Westchester communities two years ago.


“In a nation of laws, the rules apply to everyone and that includes HUD,” said Astorino. “If HUD has issues, there is a process to be followed. What HUD is doing is extortion based on nothing more than its unsupported opinions. The county is asking for nothing more than to be treated fairly under HUD’s own rules.”


On March 25, the county was notified by Vincent Hom, director, community planning and development of HUD, that the $7.4 million would be taken away from the county and reallocated to other communities around the nation on April 25 based on the agency’s claim that the county has failed to “affirmatively further fair housing.” For three years, HUD has promised to provide a definition of what “affirmatively further fair housing” means, but has failed to do so. More broadly, HUD is trying unilaterally to expand the terms of the 2009 federal affordable housing settlement to dismantle local zoning.


Under the terms of the settlement, entered into by former County Executive Andrew Spano, the county must come up with a document called an “Analysis of Impediments,” or AI, that is acceptable to HUD. The county has submitted five AI’s to date, all of which have been rejected by HUD because the agency claims the county has not developed a “satisfactory plan … to overcome exclusionary zoning,” has not notified municipalities of the “changes that must be made, and if not, the consequences of municipalities’ failure to make them.”


HUD has labeled standard zoning as “exclusionary.” In its view, normal zoning criteria governing such things as lot size, height, number of bedrooms, density, setbacks, sewers and environmental considerations, are “restrictive practices” that as of HUD’s March 25 letter must be corrected as part of the county’s “civil rights obligations.”


HUD has offered no proof to support its contentions. The county, on the other hand, has conducted a comprehensive analysis of every zoning district in the county – consisting of more than a dozen criteria covering 26,443 data points, as well engaged an outside legal analysis by the Pace University Land Use Center, and found no evidence of exclusionary zoning based on race.


“Let’s be clear what’s going on here,” said Astorino. “HUD refuses to accept the conclusion of our objective and thorough analysis. To force the county to change its conclusions, it is holding hostage money that’s been promised to our communities, some of them not even a party to the settlement and with the biggest needs. How that helps advance affordable housing, which we all agree is vitally important, is best left to HUD to explain.”


Astorino emphasized that the county is in full compliance with the settlement and where there have been disagreements it has availed itself of the dispute resolution process outlined in the agreement. He also noted that the county is well ahead of schedule in building the housing. As of today, the county has 305 units with financing in place. Only 300 are required by the end of 2013. More than 100 units are already occupied.


In a letter dated April 4 to HUD Secretary Shaun Donovan, Astorino formally requested a hearing and disputed the HUD assertion that the county has not complied with statutory requirements to qualify for the money, which is given to local communities under three federal programs: Community Development Block Grant (CDBG), HOME Investment Partnership and Emergency Shelter Grants (ESG), and that HUD has any right to withhold the money without giving the county any chance to refute HUD’s assertions.


“In light of the unprecedented amount of work, analyses and submissions by the county, HUD’s claim that the county has failed to submit appropriate documentation to HUD’s satisfaction is simply unreasonable, arbitrary and capricious,” Astorino writes.


As part of his ongoing commitment to comply with the settlement, Astorino sent a letter to members of the Board of Legislators today again asking for them to reintroduce so-called source of income legislation as a follow up to last week’s ruling by the U.S. Second Circuit Court of Appeals.


He also sent a second letter, this one formally requesting that the board adopt an act authorizing the County Attorney to institute legal proceedings on behalf of the County of Westchester against HUD to challenge the determination to deny and reallocate the federal funds.


“I am asking for the Board of Legislators to stand up for Westchester and against this punitive action brought on by HUD, and I am asking for them to do so expeditiously,” Astorino said. “There will be very minimal expense to the county because the matter will be handled in house, but it is important that Westchester protect itself from the federal government taking away money without any due process,” said Astorino.


The call for the hearing with HUD is one of several recent developments that relates to the 2009 housing settlement that requires the county government to facilitate the construction of 750 units of ‘fair and affordable” housing in 31 so-called eligible (mostly white) communities by 2016. As part of that settlement, a housing monitor was appointed to oversee the county’s compliance.


To date, legal disputes have evolved over so-called source of income legislation and the county’s zoning practices. These issues have spilled over to effect the county’s funding from HUD allocated in past years.


At issue currently is $7.4 million in funds awarded to the county for federal fiscal year 2011. The money was allocated to fund a variety of local projects, including park improvements, playgrounds and sidewalk improvements in local municipalities throughout the county. In addition, the money was allocated to fund eviction prevention and homeless services and affordable housing construction.

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Home Sales up 8 % in Tri-County Region in Jan-Feb March

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WPCNR HOME WATCH. From the Hudson Gateway Multiple Listing Service. April 10, 2013:


 


Realtors participating in the Hudson Gateway Multiple Listing Service, Inc., a subsidiary of the Hudson Gateway Association of Realtors, Inc. reported 8% more closings than last year  of residential transactions throughout the four-county region served by the MLS.


 



Orange County showed the greatest percentage increase in sales volume, 16%, followed by Westchester at 7%, Rockland at 5%, and Putnam at 2%.


 


Westchester and Putnam both posted slight price gains. In Westchester, the $515,000 median for a single family house was just 2% higher than in 2012, and the condo median was flat at $313,500. In Putnam, the single family house median of $286,500 represented a 3% increase from last year.


 


 For Westchester, the surge in sales was concentrated among condominiums and cooperatives, 11% and 8% respectively;


 


Orange County experienced high condo and co-op increases, 24% for the combined categories, whereas Rockland showed greatest strength in the single family house sector with an increase of 10% there. Rockland, however, was the only county to show a negative posting in one of its land uses, condos and co-ops, with a 5% decrease from last year.


 



There were 2,263 closed transactions during the recent first quarter, constituting a large 8% increase over the 2,090 transactions reported in the first three months of 2012. The closed transactions were largely of properties that had been listed and marketed during the winter and early spring months of 2012-2013.


 



 


The quickening market that commenced in 2012 has been responding to several factors, one of them being pent-up demand by consumers who need to be in the market for one reason or another, and who perceive that economic circumstances are supportive.  For example, mortgage interest rates have been extremely low – at an average of 4% or less on a 30-year conventional loan – and there is little prospect for rates to lurch upwards in the next few quarters.


 


 Also, the equity markets – the Dow Jones in particular – have achieved record highs in recent days; while not directly or immediately affecting real estate, the daily DJIA has served as a morale booster for real estate consumers. An additional factor is the region’s unemployment rate; it has been stuck in the 7-8% range for many months, but it is at least stable.


 


The factors that support the release of pent-up demand have also attracted first-time buyers as well as others who see an unparalleled opportunity to acquire affordably priced housing in what is well known to be an expensive region. Their market activity is having the effect of making the pricing structure look weak or even decreasing from quarter to quarter. 


 


 However, there is no devaluation taking place – that all occurred in 2008 and 2009 when the housing recession took place. 


 


 Rather, the bulk of the market has strongly shifted to the moderate and lower priced properties; there are more such sales relative to the high end, and that has the effect of pulling down the averages.


 


In Westchester, for example, the proportion of first-quarter single family transactions for $1 million or more was about 16%, the same as last year at this time, but well below the level of 20% or higher that prevailed in prior years.   


 


Rockland and Orange counties were the most affected by such averaging during the first quarter of 2013. The median sale price of a single family house in Rockland was $358,000, a decrease of 3.8% from last year.  Rockland condos and co-ops, however, posted a median price of $190,000, an increase of 5%.  In Orange county, the single family house median of $226,000 was 10% lower than in 2012; it’s condominium median of $153,470 was 3% lower.


  


The pace of sales throughout the region appears to have affected inventory levels more significantly than it has for many years prior. The decreases in 2013 end of quarter (inventory)levels ranged from 19% and 17% in Westchester and Putnam, respectively, to 10% and 6% in Orange and Rockland, compared to a year ago.


 


Realtors are not reporting actual shortages of suitable housing in any category.  Rather, they say that the tightness in the market is increasing the level of competition for properties, with the result that prospective purchasers need to make faster decisions. 


 


There may also be an increase in prices, as is beginning to appear in Westchester and Putnam now.


 


If that occurs and general economic conditions remain favorable, more property owners who have postponed selling their properties will be induced finally to do so, and inventory will increase again, making an even more inviting setting for purchasers.


 



  

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D.A. Charges Unform Store Owner with Supplying False Warranty Information in a B

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WPCNR COUNTY CLARION-LEDGER. From the Office of the District Attorney. April 9, 2013:


 


Westchester County District Attorney Janet DiFiore announced that John Holmes (DOB 10/02/60) of 4 Francis Lane, Port Chester, New York was arraigned today on a Felony Complaint charging him with:


 



  • one count of Offering a False Instrument for Filing in the First Degree, class “E” Felony,

  • one count of Criminal Possession of a Forged Instrument in the Second Degree, a class “E” Felony.

 


On March 4th, 2013, the defendant, the owner of New England Sportswear, a White Plains police and fire uniform store, submitted a fraudulent letter of warranty for products sold by Blauer Manufacturing Inc., a Massachusetts public safety clothing manufacturer, in support of a bid submission to the City of Rye police department.


 


The product warranty was a requirement for the City of Rye to award the uniform contract.


 


The defendant submitted a letter ostensibly drafted by the owner of Blauer Manufacturing Inc. and addressed to “Jack” at New England Sportswear indicating that “Blauer will provide a warranty on new garments purchased that its styles will be free from defects in workmanship or materials for a period of one year provided the garments are properly cared for, used, cleaned and following care tag labels.”


 


The defendant knew the warranty was not provided by Blauer and further knew that New England Sportswear is not an authorized vendor for products sold by Blauer.


 


Bail was set at $1,500 cash or bond.


 


The defendant’s next court date is May 7th, 2013.


 


He faces a maximum sentence of four years in state prison.


 


Assistant District Attorney Brian Conway, Deputy Chief of the Public Integrity Bureau is prosecuting the case.


 


 


 

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School District Hires Connors as Consultant/Interim Superintendent. Ups Budget

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WPCNR SCHOOL DAYS. By John F. Bailey. April 8, 2013:


The school district tonight brought back former Superintendent of Schools Timothy Connors as a consultant effective this Thursday, and also brought him on as Interim Superintendent of Schools effective July 1.


The President of the Board of Education, Rosemarie Eller told WPCNR that Mr. Connors had not signed a contract yet, but expected he would sign one in the next few days. “We have an agreement,” she said.


She told WPCNR that she expected him to be handling matters pertaining to appointments and negotiations with the White Plains teachers. Connors told WPCNR he expected to be working closely with Dr. Christopher Clouet, the Superintendent of Schools in place until July 1 on personnel appointments.


In other action tonight, the Board voted 5-0 (with Board members James Hricay and Peter Bassano absent), to raise the school budget from $192.9 Million to $193.4 Million, to reflect an additional $450,000 in state aid consisting of an additional $150,000 in Building Aid and $250,000 in a state grant. Assistant Superintendent for Business, Fred Seiler told WPCNR the majority of the $450,000 would be spent on improvements to school security, with money also devoted to paying for the search for a new Superintendent of Schools.


The President of the White Plains Teachers Association, Kerry Broderick, told WPCNR the teachers were still in a fact-finding stage of seeking a new contract.


Broderick said she had stepped down as chief negotiator for the teachers and that David Eng-Wong, the teachers’ representative to the New York State Union of Teachers, would be the teachers’ new negotiator. She said he was getting his “team” in place.


Fred Seiler told WPCNR 230 White Plains teachers were not eligible to receive the “step” increase the majority of White Plains teachers received under terms of the Taylor Law, now covering teacher pay this year because the teachers are working without a contract.

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ArtsWestchester Names Stepinac Top Education Organization in the Arts 2012

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WPCNR ON ARTS. April 8, 2013:


ArtsWestchester held the 2013 Arts Award Luncheon on April 4 at the Crowne Plaza Hotel in White Plains.


Archbishop Stepinac High School Drama Club received the Education Award.


This award is presented to an artist, individual, group, school, district or organization that has through extraordinary vision and leadership, enriched arts education in Westchester.



 


Pictured here with White Plains Mayor Tom Roach, are Stepinac seniors (from left): Tom Megan, Tim Stanson, Brian McNally and Stephen McMahon with White Plains Mayor Tom Roach.


 



All the winners, pictured above are:


Artist: Tony Vaccaro – a photographer of iconic WWII and celebrity images


 


Arts Patron: Judy Evnin – a dedicated leader and patron of visual and performing arts


 


Artist: Craig Schulman – a renowned Broadway performer and producer


 


Artist: Tony Vaccaro – a photographer of iconic WWII and celebrity images


 


Arts Organization: RiverArts – promoting arts and culture in the river communities


 


Community: Dr. Caroline Bauman – founder, Westchester Chamber Music Society


 


Community: Friends of North Castle Public Library – a cultural hub and originator of The Armonk Outdoor Art Show


 


Community: Arc of Westchester – serving people with autism and other developmental disabilities


 


Education: Archbishop Stepinac High School Drama Club – a theatre program used as an educational tool


 


Sophia Abeles Education: Rosalie Sauerhaft – arts educator, Performing Arts Center, Purchase College

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HUD WITHHOLDS SANDY DISASTER RELIEF FUNDS FROM COUNTY: Borgia

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WPCNR COUNTY CLARION-LEDGER. From  County Legislator Catherine Borgia. April 5, 2013:


County Legislator Catherine Borgia revealed today that the Department of Housing and Urban Development informed the county Thursday it would withhold Hurricane Sandy disaster relief because of County lack of progress in complying with the housing settlement.


Borgia, in a statement to the media, accused the county of withholding this HUD action from the Board of Legislators:


“In a letter dated April 4, HUD noted that its “serious civil rights concerns” connected to County Executive Astorino’s continued non-compliance with the housing settlement is preventing the County from receiving the disaster relief funds. HUD pointed out New York State may “utilize several options to deliver program benefits to Westchester residents without funding the County itself,” however.



Borgia also noted that BOL was never apprised of the HUD letter regarding the loss of FEMA funds for Hurricane Sandy relief. The BOL obtained the HUD letter from an outside source.


Westchester Legislator Catherine Borgia (D-Ossining), chair of the Westchester County Board of Legislators (BOL) Government Operations Committee, issued the following statement today regarding the recent decision by the U.S. Department of Housing and Urban Development (HUD) to not send Community Development Block Grant (CDBG) funds for Hurricane Sandy relief to Westchester County:



“Once again, we see how the Administration’s unwillingness to work collaboratively with the Federal government to resolve the outstanding issues of the 2009 Housing Settlement hase hurt Westchester residents right in their pocketbooks. Westchester is relying on FEMA funding to do major storm repairs in Playland and in other County facilities, and local municipalities need equal access to fund repairs in their communities.


 I’m thankful that the State will be allowed to assume the responsibility for distributing these needed funds so that critical repairs can be made. But this decision once again illustrates how important it is for the County to start behaving responsibly and move forward with the settlement issues.



Borgia’s statement continued:


“This is merely the latest in a long series of financial liabilities that the Administration’s continued stubbornness will cost us; and there could be many more significant financial penalties coming for non-compliance of the Housing settlement. Westchester taxpayers can’t afford to continue to bear that burden.”



 

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School District Brings Timothy Connors Back Early to Consult on Fall Programs.

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WPCNR SCHOOL DAYS. From the City School District. April 5, 2013:


In an agenda released at 5:30 Friday afternoon, the School District made public it’s plan to rehire former Superintendent of Schools Timothy Connors early, effective April 13 as a consultant from now until July 1 when Mr. Connors will become Interim Superintendent for the district, and officialize Mr. Connors’ appointment as Interim Superintendent of Schools July 1.


Michele Schoenfeld, Clerk to the Board of Education told WPCNR that Mr. Connors is expected to sign a consulting contract Monday evening at the Annual Scholarship Athlete recognition meeting at the high school. She told WPCNR she does not have a signed contract yet and did not have the financial arrangement to report at this time.


 Asked if Dr Christopher Clouet would still be making decisions as present Superintendent of Schools, Schoenfeld said Clouet would still be handling Superintendent duties, and Mr. Connors would be “consulting” on matters as part of the ongoing program beginning in July when Dr. Clouet is no longer here. Asked if this meant changes in certain policies scheduled for the fall such as the reorganization of the Middle School, Schoenfeld said I needed to talk to a member of the School Board.


Also on the agenda is approval of the Proposed Superintendent’s budget. Asked if this included a decision by the Board to raise the budget to $193.4 Million, with no increase in the property tax rate, Schoenfeld said she had not looked at it yet.

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Appeals Court to County: Landlords Can’t Reject Sec. 8-ers on Income Source

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WPCNR WHITE PLAINS LAW JOURNAL. April 5, 2013:


The Second Circuit Court of Appeals today upheld a ruling by the U. S. District Court that landlords may not consider source of income as a means test to reject Section 8 tenants in county-created affordable housing units in compliance with the Department of Housing and Urban Development housing settlement.


County Executive Robert P. Astorino had this reaction to the ruling :


Obviously, I am disappointed with the ruling by the Second Circuit of Appeals, and as with every action I have taken with respect to the 2009 federal housing settlement entered into by my predecessor Andrew Spano, I will comply with the law and continue to take principled stands on behalf of the people of Westchester


My objection to source of income legislation has never been about the Section 8 program, which provides vouchers to supplement the rent of low-income residents. My objection has been turning this worthwhile voluntary program into a mandatory one that would compel every owner of a house or apartment to do business with the federal government – and take on all the rules and regulations that entails – upon a tenant’s presentation of a Section 8 voucher. I also felt that the source of income legislation would be detrimental to the housing settlement because it would act as a disincentive for developers to build affordable housing.



The county is already in compliance with the ruling because the Second Circuit in taking on the appeal never granted the county a “stay” from the lower court ruling, which it has now affirmed. As part of that compliance with the lower court order of Judge Denise Cote, I asked the county Board of Legislators back on August 31, 2012 to reintroduce the source of income legislation that had previously been before it. The matter is now in the hands of the Board of Legislators.


Westchester County Board of Legislators Chairman Ken Jenkins (D-Yonkers) released the following statement today in regard to the U.S. Court of Appeals decision to uphold the judgment by the U.S. District Court that the County was in violation of its duty to promote Source of Income legislation as part of its fair and affordable housing settlement with the U.S. Department of Housing and Urban Development:



“All along, the Board of Legislators has been urging County Executive Astorino to comply with the law and follow all of the stipulations of the housing settlement, as he promised to do when he first took office. Today’s Court of Appeal’s decision, which centers on the County Executive’s stubborn refusal to promote Source of Income legislation, puts the County at significant financial risk, through its non-compliance, and threatens to upend the settlement.



“The Board of Legislators remains committed to working with the Astorino Administration to further fair and affordable housing in Westchester and fulfill all of the requirements of the housing settlement.



“The time to act is now, though.



“The County Board voted to direct the County Executive to submit his version of Source of Income legislation. Today’s decision should provide the necessary impetus for County Executive Astorino to introduce new Source of Income legislation for the Board’s consideration and resolve this major issue, before Westchester suffers further consequences from the County Executive’s non-compliance with the law.”

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Sustainable Playland Not Sustainable Yet, Say Democrat Legislators.

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WPCNR COUNTY CLARION-LEDGER. From the Press Secretary of the Westchester County Board of Legislators. April 4, 2013:


Reaction to the Sustainable Playland-Westchester County proposed final agreement announced today by the County Executive Robert P. Astorino has just been released in this statement:


Several members of the Democratic caucus of the Westchester County Board of Legislators (BOL) stated today that they are not ready to support County Executive Rob Astorino’s proposed asset management agreement with Sustainable Playland, Inc. (SPI) to run Playland, the County’s 280-acre amusement park and recreational facility.


They cite  reasons they are opposed:





“At this point, I’m not at all convinced that Sustainable’s weak financial proposal and its plan to tear down a large part of Playland are in the best interests of County residents and taxpayers,” said Legislator Bill Ryan (D-White Plains). “I’m disappointed the County Executive is determined to force through this very questionable arrangement. No one should kid themselves: What the County Executive wants will be the beginning of the end to our historic Playland Amusement Park as we have known and enjoyed it over the years.”


“The Astorino Administration said its goal was to stop losing money at Playland, but Sustainable is not the way,” said BOL Majority Leader Pete Harckham (D-Katonah). “From what we have seen and heard during numerous committee meetings held on the subject, Sustainable is the least competitive financially. But most importantly, this agreement essentially privatizes County parkland, and so residents will be charged to use ball fields. If ball fields are the goal, our parks department has built ball fields all over the county. We should not be privatizing this process and allow a private company to charge residents to use public parkland.”



“I’ll support new and innovative ideas to Playland, but I’m worried that Sustainable Playland will not adequately protect Westchester taxpayers,” said Legislator Catherine Borgia. “Sustainable’s proposed plan has the riskiest financial and marketing plan of the four we have examined, and its potential for failure cannot be overlooked, especially since it has the least amount of secure financial backing.”



“The deal with Sustainable is a bad one for a simple reason: It will destroy Playland rather than enhance it,” said Legislator Alfreda Williams (D-Greenburgh). “I’m not opposed to an outside group investing in and running Playland. But I cannot support any proposed agreement that throws away decades of taxpayer dollars as it tears down County assets, removes rides and replaces parking spaces with ball fields. This won’t improve the quality of life here in Westchester at all. In addition, this group cannot substantiate whether it can maintain any management agreement they sign.”



“It is obvious that Sustainable Playland is more interested in turning this historic, fun amusement park for kids and families into an exclusive club for the well-connected,” said BOL Vice Chair Lyndon Williams (D-Mount Vernon). “Also, the fact that this proposed agreement will eliminate more than half the rides means that hundreds of summer jobs for county youth will be lost as well. I cannot support this, especially at a time when youth unemployment is reaching dire levels.”



“To do what is right for Westchester at Playland, we must, first, make sure the park is on solid financial footing, both operationally and in terms of capital investment; and two, maintain it as a destination that everyone in Westchester County can visit and enjoy,” said Legislator MaryJane Shimsky (D-Hastings-on-Hudson).


 “I have grave doubts about Sustainable Playland’s ability to guarantee either. Their proposal is financially risky, and instead of signing this management agreement, the County Executive should begin serious negotiations with one of the other Playland finalists, all of whom have experience in running amusement parks and cash on hand for massive investments in the park’s future.”



“The best course of action is to ensure that a complete solution at Playland is developed,” said BOL Chairman Ken Jenkins (D-Yonkers). “Right now, the proposed agreement with Sustainable is premature.”


The release outlined where the Board stands on approval now:


First, the BOL Democratic caucus has yet to receive a copy of the asset management agreement from the Astorino Administration, even though the document delineates the “role” of the BOL in the approval process necessary to reshape Playland. As a result, the caucus members refrained from commenting directly on the details of the agreement.



What troubles the Democratic BOL caucus, according to the news release however, is that the legal issues regarding whether an “asset management agreement” between Sustainable Playland and County Executive Astorino is valid under the County Charter. An upcoming meeting of the BOL’s Committee of the Whole will continue to address this.



In the meantime, the BOL is still in the midst of its due diligence of the four top proposals. Legislator Catherine Borgia (D-Ossining), chair of the BOL Government Operations Committee, has been holding a series of meetings regarding the different merits and problems associated with the top four proposals made to “reinvent” Playland. Also, an audit of the four proposals is soon forthcoming.


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