MINUTES
COMMUNITY AFFAIRS MEMBERS: Carsky, Bronz
OTHERS: C.E.’s Office: Bill Randolph, Teri Waivada, Budget: Leslie Bennett, Kate Carrano; Law Department: Jim Robertson, Don McLeod, David Rothman; Planning Dept: Norma Drummond; CBAC/LWV: Barbara Strauss; Village of Ossining: Paul Shew, Lynn McCrum, Michael Zarin; City of Peekskill: Blanche Alter, William Florence; Others: David Wise; Planning Dept.: Norma Drummond; BOL: Sally Schecter, Robert Boland, Barbara Dodds, Christopher Chang, Tara Bernard, Tina Seckerson
BUDGET COMMITTEE:
Chairman Wishnie called the Budget Committee meeting to order at 10:13 a.m.
MINUTES:
On motion of Legislator Kaplowitz, seconded by Legislator Young, the motion to approve the Minutes of January 16, 2001 was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
DISCUSSION:
RECEIVE & FILE:
A1. Certiorari Refunds: Forwarding a package of court-ordered certiorari refunds. (1/8/01)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
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A3. Gift Acceptance: Acceptance of a gift from Hitachi America, Ltd. to be
used to support the County’s Nutcracker Gift Program.
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
A8. Suspension of Heating Oil and Gasoline Sales Tax: Res. 200-2000: Suspending the Sales Tax on gasoline, heating oil and natural gas for the months of December, January and February. (Referred by Chairman Latimer on 10/19/00)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 6-0 with Legislator Abinanti out for the vote and Legislator Swanson abstaining from the vote.
B1. HON. KATHERINE CARSKY: Saw Mill River Wetlands Swap: Forwarding a memorandum from the Chairperson of the Greenburgh Parks & Recreation Advisory Board regarding the Saw Mill River Wetlands Swap for Syracuse Brothers. (2/28/00) (Also referred to CA)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
B2. HON. THOMAS ABINANTI: Greenburgh Land Swap: Forwarding a copy of a letter from the Supervisor of Greenburgh to Assemblyman Brodsky concerning the proposed land swap in the Town. (3/27/00) (Also referred to ENV)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
B4. HON. KATHERINE CARSKY: NYS Transportation Aid to Westchester County: Forwarding a copy of the County Executive’s letter regarding New York State Transportation Aid to Westchester County. (1/24/00) (Also referred to Leg)
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On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
B6. HON. GEORGE OROS: New Construction at WCC: Forwarding a copy of a letter to the County Planning Board from the President of the Community College requesting that they consider new construction projects for WCC. (5/8/00)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
B11. HON. KATHERINE CARSKY: WCC Master Plan for Facilities: Forwarding a copy of a letter from the Chairman of the Westchester Community College Board of Trustees to the Chairman of the Board requesting that he schedule a Committee of the Whole meeting to discuss the College’s Master Plan for Facilities. (6/19/00) (Also referred to Education)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
B12. HON. KATHERINE CARSKY: WCC Capital Budget: Forwarding a statement made at the June 12th Westchester Community College Capital Budget Hearing held in Yonkers. (6/19/00) (Also referred to Education)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
B17. HON. MICHAEL KAPLOWITZ: Funding for Westchester County EMC: Forwarding a letter from the Chairman of the Somers Conservation Board requesting additional funding for the County’s Environmental Management Council. (8/1/00) (Also referred to ENV)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
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B18. CLERK OF THE BOARD: WCHCC Annual Report: Forwarding the Annual Report and related statements for the Westchester County Health Care Corporation. (8/1/00) (Also referred to Health)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
B19. HON. LOUIS MOSIELLO: Budgetary Concerns-Department of Probation: Forwarding a statement from the Westchester County Probation Officers Association expressing concern about the lack of funding for the Probation Department. (10/2/00) (Also referred to PSCJ)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
B21. HON. GEORGE LATIMER: WCHCC Independent Auditors Report: Forwarding the Independent Auditors Report for the Westchester County Health Care Corporation. (9/18/00) (Also referred to Health)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
B27. HON. GEORGE LATIMER: Suspension of County sales tax on the sale of heating oil and gasoline: Forwarding a copy of his letter to the Chairman of the Committee on Budget and Appropriations asking that his Committee review the proposed suspension of the collection of County sales tax on heating oil and gasoline. (10/30/00) (Also referred to Eco. Dev)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
B28. HON. KATHERINE CARSKY, HON. LOIS BRONZ AND HON. CLINTON YOUNG: Westchester Library Service: Forwarding a letter from the President and Director of the Westchester Library System requesting support for the WLS Budget proposals for 2001. (10/30/00)
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On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
B31. HON. URSULA LA MOTTE: Library Funding: Forwarding a letter from the Bedford Town Libraries seeking funding for the replacement and/or renovation of circulation desks. (10/30/00)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
B32. HON. GEORGE LATIMER: Sales Tax Recission: Forwarding a letter from the Budget Director regarding the proposed sales tax recission on fuel oil and heating gas. (10/30/00) (Also referred to Eco. Dev)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
B37. HON. LOIS BRONZ: Family Service Society of Yonkers: Forwarding a letter from the director of Adult Services and Protection Program and the Controller for the Family Service Society of Yonkers requesting the County’s assistance in preserving its Guardianship Program. (11/27/00)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
B38. HON. LOIS BRONZ AND HON. KATHERINE CARSKY: Child Abuse Prevention Center: Forwarding a letter from a Westchester Attorney urging continued County support for the exchange Club’s Child Abuse Prevention Center. (11/27/00)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
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B39. HON. KATHERINE CARSKY: Child Abuse Prevention Center: Forwarding a letter from the Executive Director and the Board Chair of the Child Abuse Prevention Center of New York urging continued County support for the Center. (11/27/00)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
B42. CLERK OF THE BOARD: Tax Commission Report: Forwarding the 2000 Tax Commission Report containing the County taxable assessed values, County equalizations rates, County full value and the percentage of the County general tax levy for each City and Town in the County. (1/8/01)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
B43. HON. GEORGE LATIMER: Tobacco Settlement Payment: Forwarding a letter from the New York State Attorney General regarding the receipt of the January 2001 Tobacco Settlement Payment. (1/8/01)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
COMMUNITY AFFAIRS COMMITTEE:
Chair Carsky called the Community Affairs Committee meeting to order at 10:16 a.m.
SECTION 108 LOAN PROGRAM:
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)
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· The Committees have had ongoing discussions with regard to these items and based on these discussions amendments were made to the legislation. Mr. Robertson reviewed the changes in the legislation with the Committees [on file].
· Mr. Florence, Special Counsel to the City of Peekskill, pointed out that the Committee Report should be amended to read that the City of Peekskill will be “improving” property in Charles Point Park, not “acquiring” it.
· Committee also amended the Committee Report to read “Capelli Enterprises, Inc. will borrow an amount not to exceed $8,060,000.00…” rather than “…will borrow approximately $8,060,000.00…”
FOR THE BUDGET COMMITTEE:
On motion of Legislator Kaplowitz, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote and Legislators Noto, Carsky, Young and Swanson signing “Without Prejudice”.
FOR THE COMMUNITY AFFAIRS COMMITTEE:
On motion of Legislator Bronz, seconded by Legislator Carsky, the motion to approve this item was carried by a vote of 2-0 with Legislator Carsky signing “Without Prejudice”.
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)
· Mr. Robertson reviewed with the Committees an opinion from the County Attorney’s Office that states that the Village of Port Chester cannot pledge its mortgage tax and sales tax receipts for the life of the loan. Whether or not Port Chester can pledge its cable television franchise fees depends on the nature of the agreement with the cable franchise holder. Since the contractual pledge is not legal the County and Port Chester cannot contractually agree that the County can intercept, in the event of default by Port Chester, its future mortgage tax and sales tax receipts that the County must otherwise distribute to Port Chester under State law.
· Since the Port Chester project doesn’t have any EDI component there is no pending deadline for submitting the application.
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· The Administration requested that the Committee table discussion of this legislation until the security component of the project can be resolved.
FOR THE BUDGET COMMITTEE:
On motion of Legislator Kaplowitz, seconded by Legislator Stewart-Cousins, the motion to TABLE this item was carried by a vote of 7-0 with Legislator Abinanti out for the vote.
FOR THE COMMUNITY AFFAIRS COMMITTEE:
On motion of Legislator Bronz, seconded by Legislator Carsky, the motion to TABLE this item was carried by a vote of 2-0.
CABLE TELEVISION SPECIAL FRANCHISE ASSESSMENTS:
B26. HON. KATHERINE CARSKY AND HON. URSULA LA MOTTE: Forwarding a letter from an attorney regarding cable television special franchise assessments. (10/30/00) (Also referred to CA)
B44. HON. KATHERINE CARSKY: Forwarding a letter from an attorney regarding the valuation of cable television franchises for tax purposes. (1/8/01) (Also referred to CA)
· Mr. David Wise, Esq. Was in to discuss the adequacy of the special franchise assessments made by the Office of Real Property Services (ORPS) on cable television systems and the possibility of challenging the methodology used. He explained that the special franchise tax is a property tax assessed on the value of physical plant and monopoly franchise rights of utility systems.
· The Committees suggested that he contact the Westchester Municipal Officials Association as well as local school boards to discuss this matter with them.
A&C CALENDAR:
The weekly A&C Calendar was distributed. Questions for back-up info were directed to Mr. Boland.
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BUDGET COMMITTEE ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Noto, seconded by Legislator Abinanti, the meeting was adjourned at 11:10 a.m.