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COMMITTEE ON THE ENVIRONMENT Joint w/ COMMITTEE ON BUDGET & APPROPRIATIONS

MINUTES: February 23, 2004

ENV MEMBERS:Chair: Abinanti – Legislators: Kaplowitz, Maisano, Rogowsky

B&A MEMBERS:Chair: Kaplowitz – Legislators: Wishnie, Bronz, Abinanti, Rogowsky, Stewart-Cousins

IN ATTENDANCE:BOL STAFF: Tara Bernard; CEO: B. Randolph; Ian Riley-Clendenan; PLN: Jerry Mulligan (Cmsr.), Nancy MacMillan, Bill Brady; OTHERS: Kyle Rabin (Riverkeeper), Susan Goodwin (LWV), Roberta Wiernik (LWV), Rose Noonan (City of Yonkers Housing Action Council), Kieran Quinn (FCWC), Orean Sandler (FCWC), Carolyn Cunningham (FCWC)

TOPIC:
1) Indian Point; Dry Cask Storage – Environment Committee only
2) Sprain Lake Estates (Rory O’Moore) – joint with B&A Committee

DISCUSSION:
Chair Abinanti called the meeting to order at 3:25pm.

Chair Abinanti introduced Kyle Rabin of Riverkeeper, who spoke to the committee members about dry cask storage of spent fuel rods at the Indian Point Nuclear Power Plants (hand-out). He explained that Entergy, the owner and operator of the plants, intends to move 1300 of the 1500 tons of spent (irradiated) fuel on the Indian Point site, beginning in July 2005, into a total of 50 dry storage (Holtec) casks that will be placed on a concrete pad in the open air. Mr. Rabin explained in detail the numerous security risks this would pose, particularly in post 9/11 times.

He then proceeded to describe a more advanced, safer type of storage system called “Hardened On-Site Storage” (HOSS), which is designed to contain and isolate radiation and repel terrorist attacks. With regards to the financial aspect of the two systems, Mr. Rabin stated that the Holtec System would cost Entergy about $90 million, whereas the HOSS System would cost Entergy approximately $200 – $300 million. Mr. Rabin also noted that Entergy is making $1 million profit per day, per plant. Further discussion ensued between Mr. Rabin and the committee members, until Chair Abinanti noted that the committee must move on to the second portion of the meeting, which was going to be a joint meeting with the B&A Committee.

Chair Kaplowitz called the B&A Committee to order at 4:04pm.

A lengthy discussion ensued regarding the proposed Sprain Lake Estates (affordable housing units mandated by a federal court order), to be built on the Rory O’Moore Park site and the $850,000, via an Inter-municipal Agreement (IMA) with the City of Yonkers, the County would expend towards the project. The long-time debate over this site is based on whether or not the City of Yonkers fulfilled its court-ordered obligation, which was to replace the parkland (26+ acres) with parcels that were not parkland prior to the date of the Special Ordinance.

Bill Brady and Jerry Mulligan of the Planning Department explained the details and building plan and also gave a breakdown of the total cost of the project, who was going to be paying what amount towards the project and also the projected sale prices for the different units (mostly based on percentage of the County’s median income). Rose Noonan (Yonkers HAC) noted that the selection process is by court order. Legislator Stewart-Cousins added that the court order is race-neutral.

FCWC representatives stated that they were not looking to stop the project, they just want to insure that the $400,000 that is supposed to come from the State for parkland is delivered.

Several handouts were circulated to the members of both committees. Among them was a copy of the May 7, 2003 decision, by Hon. Joan Lefkowitz, NYS Supreme Court Justice, stating that the City of Yonkers has met the dedicated parkland (of equal or greater fair market value) requirements set forth in L.1996, ch. 728. The decision also states that the Court’s finding (that all 26+ acres dedicated by the City of Yonkers did not constitute parkland prior to the enactment of the Special Ordinance) was based on the fact that there is no admissible proof that any or all acreage was previously dedicated for park use. Jerry Mulligan stated that as far as he knew, Yonkers had fulfilled their agreement, parcel for parcel. A lengthy debate between all committee members continued.

Chair Abinanti directed the Planning Department to provide him with several items as soon as possible, such as the charts of previous subsidized housing and a list of the parcels of parkland that Yonkers dedicated after the Special Ordinance.

Legislator Maisano stated that the issue that had held him back from supporting this IMA and funding all these years no longer exists, therefore he will be voting for this today. Legislators Stewart-Cousins and Bronz also stated their intent on voting for this today. All other Legislators (both committees) agreed to vote it out of committee today, but “Without Prejudice” (WOP). Legislator Bronz noted that these two items were voted out of the Housing Committee on February 10, 2004.

Legislator Stewart-Cousins moved for a vote (on both the IMA and the Bond) for the B&A Committee, which was seconded by Legislator Bronz. All in favor – aye, 6-0 (Kaplowitz, Abinanti, Wishnie and Rogowsky – WOP).

Legislator Maisano moved for a vote (on both the IMA and the Bond) for the Environment Committee, which was seconded by Legislator Kaplowitz. All in favor – aye, 4-0 (Kaplowitz, Abinanti and Rogowsky – WOP).

At 5:19pm, a motion to adjourn was made for B&A by Chair Abinanti, seconded by Chair Kaplowitz. All in favor – aye.

At 5:19pm, a motion to adjourn was made for Environment by Chair Kaplowitz, seconded by Chair Abinanti. All in favor – aye.

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