Committee on Legislation. Committee Room, 148 Martine Avenue, 8th Floor, White Plains, NY 10601
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1 Committee on Legislation ~MINUTES~ Monday, February, 29, :01 AM Committee Chair: Virginia Perez Committee Room, 148 Martine Avenue, 8th Floor, White Plains, NY CALL TO ORDER Items #8975 and #8976 are joint with Budget & Appropriations Attendee Name Title Status Arrived Virginia Perez Chair Present Benjamin Boykin D5 Legislator Present Gordon A. Burrows D15 Legislator (Minority Whip) Present James Maisano D11 Legislator (Vice-Chairman of the Board) Absent Sheila Marcotte D10 Legislator Present MaryJane Shimsky D12 Legislator Absent John G. Testa D1 Legislator (Minority Leader) Present Alfreda Williams D8 Legislator (Majority Whip) Present Michael Kaplowitz D4 Legislator (Chairman of the Board) Present Others In Attendance: CEO: A. Rodriguez BOL: Leg. F. Corcoran, Leg. M. Cunzio, Leg. D. Gelfarb, Leg. K. Jenkins, Leg. C. Parker. G. Friedman, D. Linhardt, S. Schecter, D. Daly, G.Casciato LAW: J. Robertson, B. Miller; Fed. Monitor: C. Stevens; Budget: L. Yazzetta, L. Soule; Planning: K. Holland, N. Drummond; HAC: R. Noonan; Tax Commission: M. Murphy; Finance: A. Berg, S. Sensi, M. Arena MINUTES APPROVAL I. ITEMS FOR DISCUSSION 1. RES Resolution PH- Local Law re: Indian Point PILOT: A RESOLUTION to set a Public Hearing on a "LOCAL LAW authorizing Westchester County to Exempt Properties located in the Town of Cortlandt and to enter into a Payment in Lieu of Taxes Agreement with Entergy Nuclear Indian Point 2, LLC and Entergy Nuclear Indian Point 3, LLC in accordance with the provisions of Section 485 of the New York Real Property Tax Law." [Public Hearing set for April 4, 2016 at 7:30 p.m.; Local Law Intro No ] Mr. Robertson of the Law Department explained the history of this Pilot agreement. About 1997, Con Ed owned Indian Point one and 2 and NYPA owned 3. NYPA sold their plant to Entergy and then Con Ed sold theirs to Entergy. There was concern that we would be getting into tax certs and challenges every year. A group decided to go to Albany and seek PILOT agreements. If this PILOT is approved, it would be proceeding under Chapter 485 of the New York Real Property Tax Law, originally Chapter 87 of the Laws of The item before you is Legislation Page 1 Updated 3/25/2016:3:20 PM
2 Committee Meeting Minutes February 29, 2016 a Local Law which would exempt from real property taxation the Indian Point 2 Nuclear Generating Station, a nuclear powered electric generating facility, Indian Point 3 Nuclear Generating Station and a Generation Support Building and the Independent Spent Fuel Storage Facility. Only the nuclear facilities would be covered by the PILOT. If approved, it would proceed under Chapter 485 of the New York Real Property tax law. The old Local Law made the property exempt forever. The Law Department would now have a firm date in keeping with the 10 year PILOT. It would be retroactive to January 1, 2015.and go through December 31, Authorization for tax exemption would be the same. The Local Law authorizes the County to enter into a PILOT agreement with Entergy Nuclear Indian Point 2, LLC and Entergy Nuclear Indian Point 3, LLC. Entergy made a voluntary PILOT payment in 2015 of $3,205,000. They also made a County and County Refuse Disposal District #1 real property tax payment in the combined amount of $113, and Entergy will receive a credit for the payment against its 2015 PILOT program. Entergy will agree to make an additional PILOT payment of $677, for the 2015 tax year within fifteen days following execution and delivery of this agreement in order to increase the total amount of payments by, and credits for, the Company to $3,995,660 for the 2015 tax year. Mr. Robertson then discussed what the PILOT payment would be for They then had a lengthy discussion of the 2% tax cap. Leg. Jenkins noted that any increases to the PILOT would become the new base. Chair of the Board Kaplowitz discussed a chart that he had showing what Entergy s payment of the PILOT was in The Village of Buchanan, the Town of Cortlandt and the Hendrick Hudson School District have all signed the PILOT agreement. The County does not have to agree with them. Chair Kaplowitz made a motion to change the formula to reflect whatever the County tax levy is each year, whether an increase or decrease, and that would be what the PILOT would reflect. B&A Chair Marcotte suggested a five minute recess for Leadership to discuss what should be done. Legislation Chair Perez agreed. When they reconvened, Chair Marcotte said there would not be voting on this item at this time. It would be tabled to a later date. RESULT: POSTPONED 2. (ID # 8976) Local Law Indian Point Tax Exemption & Pilot Agreement: A "LOCAL LAW authorizing Westchester County to Exempt Properties located in the Town of Cortlandt and to enter into a Payment in Lieu of Taxes Agreement with Entergy Nuclear Indian Point 2, LLC and Entergy Nuclear Indian Point 3, LLC in accordance with the provisions of Section 485 of the New York Real Property Tax Law." Please refer to Item 1. RESULT: POSTPONED II. OTHER BUSINESS Unfinished Business and any other agenda items to come before the Committee. Legislation Page 2 Printed 3/25/2016
3 Committee Meeting Minutes February 29, 2016 III. RECEIVE & FILE ADJOURNMENT Moved by Legislator Boykin seconded by Legislator Marcotte the Committee adjourned at 11:47 AM. Legislation Page 3 Printed 3/25/2016
4 1.1.c Packet Pg. 4 Attachment: PH-Local Law re Indian Point PILOT - Approved (RES : PH- Local Law re: Indian
5 1.1.c Packet Pg. 5 Attachment: PH-Local Law re Indian Point PILOT - Approved (RES : PH- Local Law re: Indian
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7 1.1.c Packet Pg. 7 Attachment: PH-Local Law re Indian Point PILOT - Approved (RES : PH- Local Law re: Indian
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9 1.1.c Packet Pg. 9 Attachment: PH-Local Law re Indian Point PILOT - Approved (RES : PH- Local Law re: Indian
10 1.1.c Packet Pg. 10 Attachment: PH-Local Law re Indian Point PILOT - Approved (RES : PH- Local Law re: Indian
11 1.1.c Packet Pg. 11 Attachment: PH-Local Law re Indian Point PILOT - Approved (RES : PH- Local Law re: Indian
12 1.1.c Packet Pg. 12 Attachment: PH-Local Law re Indian Point PILOT - Approved (RES : PH- Local Law re: Indian
13 1.1.c Packet Pg. 13 Attachment: PH-Local Law re Indian Point PILOT - Approved (RES : PH- Local Law re: Indian
14 1.1.d Packet Pg. 14 Attachment: PH-Local Law re Indian Point PILOT - FINAL (RES : PH- Local Law re: Indian Point
15 1.2.a Packet Pg. 15 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
16 1.2.a Packet Pg. 16 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
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20 1.2.a Packet Pg. 20 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
21 1.2.a Packet Pg. 21 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
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24 1.2.a Packet Pg. 24 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
25 1.2.a Packet Pg. 25 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
26 1.2.a Packet Pg. 26 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
27 1.2.a Packet Pg. 27 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
28 1.2.a Packet Pg. 28 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
29 1.2.a Packet Pg. 29 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
30 1.2.a Packet Pg. 30 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
31 1.2.a Packet Pg. 31 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
32 1.2.a Packet Pg. 32 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
33 1.2.a Packet Pg. 33 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
34 1.2.a Packet Pg. 34 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
35 1.2.a Packet Pg. 35 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
36 1.2.a Packet Pg. 36 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
37 1.2.a Packet Pg. 37 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
38 1.2.a Packet Pg. 38 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
39 1.2.a Packet Pg. 39 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
40 1.2.a Packet Pg. 40 Attachment: LOCAL LAW-Indian Point Tax Exemption & Pilot Agreement-DRAFT (8976 : Indian Point Tax
41 1.2.b Schecter, Sally From: Sent: To: Subject: Attachments: D95 Copier-Printer Thursday, March 17, :42 PM Schecter, Sally Scan from RV5606 img pdf Please open the attached document. It was scanned and sent to you using a Xerox D95/D110/D125. Sent by: ass3@westchestergov.com Number of Images: 27 Attachment File Type: PDF Device Name: D95 Copier-Printer Device Location: For more information on Xerox products and solutions, please visit Attachment: Local Law Indian Point Tax Exemption & Pilot Agraeement DRAFT 2 (8976 : Indian Point Tax Exemption & Pilot Agreement) 1 Packet Pg. 41
42 1.2.c Packet Pg. 42 Attachment: Indian Point Tax Exemption & Pilot Agreement-FINAL (8976 : Indian Point Tax Exemption &
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