MINUTES
COMMUNITY AFFAIRS MEMBERS: Carsky, Bronz
OTHERS: C.E.’s Office: Bill Randolph, Teri Waivada, Vasyl Yablonski; Budget: Robert Kopenhaver; Law Department: Stacey Dolgin-Kmetz, Jim Robertson, Don McLeod; Planning Dept: Norma Drummond; CBAC/LWV: Barbara Strauss; LWV: Polly Kuhn; Village of Ossining: Paul, Shew, Lynn McCrum, Michael Zarin; Village of Port Chester: Rose Sickenius; City of Peekskill: Blanche Alter, William Florence; Others: Susan Gabriele; BOL: Sally Schecter, Robert Boland, Barbara Dodds, Tina Seckerson,
BUDGET COMMITTEE:
Chairman Wishnie called the Budget Committee meeting to order at 10:18 a.m.
MINUTES:
On motion of Legislator Kaplowitz, seconded by Legislator Young, the motion to approve the Minutes of January 4, 2001 and January 8, 2001 was carried by a vote of 8-0.
DISCUSSION:
A4. Institution of Legal Proceedings: Proposed Legislation authorizing the County Attorney to institute legal proceedings against various parties regarding electrical costs. (1/8/01)
· This legislation contains two acts, which approved, would authorize the County Attorney to institute legal proceedings on behalf of the County against the NYS PSC and its individual Commissioners, the NYS department of Public Service, Con Ed and any other necessary and appropriate parties to challenge the validity of (1) the Opinion and Order Adopting Terms of
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· Settlement (the “Global Settlement Order”) and (2) the Opinion and Order Adopting Terms of Settlement (the “Steam Settlement Order”).
· The orders have to be judicially challenged as they are the latest in a series of PSC actions that unfairly discriminate against Westchester ratepayers and effectively do nothing to protect our consumers against ever increasing electric costs.
· The County intends to challenge the Global Settlement Order insofar as the PSC: (1) approved a “global” settlement without conducting a full hearing on the MAC (Monthly Adjustment Clause) issue; (2) continued the Mac charge, as presently constituted; and (3) failed to order a refund to ratepayers for their fair share of the net proceeds resulting from the sale of Con Ed’s non-nuclear generating facilities. In order for this action to be timely, an Article 78 petition must be filed no later than March 30, 2001.
· The County also intends to challenge the Steam Settlement Agreement insofar as the PSC: (1) continued the subsidy by electric ratepayers, the impact or justification of which was not examined in conjunction with the imposition of electric deregulation or the recent global settlement proceeding; and (2) continued the subsidy without considering its impact on just and reasonable electric rates. In order for this action to be timely, an Article 78 petition must be filed no later than April 1, 2001.
· These actions, if successful, should result in lower and more equitable electric rates for Westchester County residents and businesses.
On motion of Legislator Young, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 8-0 with Legislators Carsky and Swanson signing “Without Prejudice”.
COMMUNITY AFFAIRS COMMITTEE:
Chair Carsky called the Community Affairs Committee meeting to order at 10:27 a.m.
A14: Westchester Urban Consortium: Proposed Act amending the FY 2000
–2004 Consolidated Plan of the of the Westchester Urban County Consortium to include (1) Section 108 Loan Guarantee project in the Village of Port Chester. (11/13/00) (Also referred to CA)
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A16: Westchester Urban Consortium: Proposed Act amending the FY 2000
–2004 Consolidated Plan of the of the Westchester Urban County Consortium to include two (2) Section 108 Loan Guarantee Projects in the City of Peekskill and the Village of Ossining. (11/13/00) (Also referred to CA)
· Note: The Budget and Community Affairs Committees have been having ongoing discussions with regard to these projects.
· Mr. Robertson reviewed the amendments to the legislation (A14) with the Committees.
· The Committee discussed several policy questions, such as should the County assist any of the projects; should the County use Section 108 loans; are Section 108 loans appropriate for the projects; and what conditions should be imposed on Section 108 loans for any of the projects that are supported.
· Committee members were still concerned with regard to making sure the County is protected. Some suggested conditions:
1) Authorize only permission to apply for the loans and not authorize acceptance until after the BOL reviews the conditions imposed by HUD
2) Authorize only the County Executive to make the application and not cede any BOL power to the Westchester IDA as was originally proposed
3) Require full secure collateralization of any loan to minimize the risk of loss to the County, including the following (where relevant):
Ø Each host community pledge its future CDBG funds
Ø Each host community provide a resolution expressing its support for the project and the financing package of the project
Ø Each public and private developer-recipient pledge and independent stream of revenue to insure prompt repayment and provide a mortgage on the property and/or insure the loan by an independent A-grade company to provide additional collateral.
· Michael Zarin, Special Counsel to the Village of Ossining, stated that the Village cannot make a formal commitment of CDBG funds until the SEQR process is final. They are entering the DEIS phase and are hoping to complete the environmental review by late spring/early summer. He further stated that it does not seem unreasonable for the county to ask for this commitment.
· There was a discussion as to the possibility of submitting 2 separate applications for the Peekskill and Ossining projects rather than combining them on one. The Administration representatives explained that as part of the contract with HUD they expect one contract for these two projects.
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· Peekskill representatives, Blanche Alter (Director of Planning and Development) and William Florence (Special Counsel to the City of Peekskill and the Peekskill IDA) stated that the Peekskill project is one that is supported by the entire community. In fact, there is a group of citizens helping to raise money towards this project.
· County Attorney’s Office will work on amendments for next week’s meeting.
COMMUNITY AFFAIRS ADJOURNMENT :
A&C CALENDAR:
The weekly A&C Calendar was distributed to the Committee.
BUDGET COMMITTEE ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Kaplowitz, seconded by Legislator Stewart-cousins, the meeting was adjourned at 12:00 p.m.