Mayor and City Council Reach Budget Agreement

Local CMs Vote Against Sales Tax Increase

By Conor Greene

Mayor Michael Bloomberg and the City Council have reached a handshake agreement on a $59.4 billion city budget that avoids cuts to libraries and firehouses, but includes a sales tax increase and repeals the sales tax exemption for clothing over $110.

The spending plan, which covers fiscal year 2010, includes more than $3 billion in spending cuts. It also features a half a percentage point increase in sales tax, expected to generate an additional $518 million. While clothing less than $110 remains exempted from the sales tax repeal, reinstatement of the tax on items above $110 is expected to generate $119 million. The city is facing a $5 billion reduction in tax revenues due to the economic meltdown.

City Council is expected to vote on the budget this week. However, the negotiations essentially came to an end Monday, when the Council voted 38 to 10 on resolutions implementing the sales tax increase and other measures. While the mayor and council reached the agreement weeks before the July 1 deadline, the proposed tax increases must also be approved by the State Legislature.

“By saving billions during the good times, and cutting expenses when the first storm clouds gathered, we were as prepared as possible for the serious impacts of the national economic downturn,” said Bloomberg. “Just like any family that is tightening their belt during these tough times, we are reducing city spending while still protecting the core services that so many New Yorkers rely on – and that keep our city so strong.”

City Council Speaker Christine Quinn (D-Manhattan) said the agreement will “balance the budget during one of the most tumultuous economic times in recent memory.” At a press conference announcing the deal, she added, “Even in a recession, government’s job is to protect and support New Yorkers.”

Among those voting against the sales tax increases on Monday were Queens Councilmembers Elizabeth Crowley (D-Middle Village), Tony Avella (D-Bayside), Eric Gioia (D-Sunnyside), Melinda Katz (D-Forest Hills) and Eric Ulrich (R-Ozone Park). In interviews and statements, three of the dissenting members said that raising the sales tax unfairly impacts middle and working class residents.

“It’s absurd,” said Ulrich, who called it a case of “robbing Peter to pay Paul… The last thing we should be doing is hitting people when they’re struggling,” he said. “It’s an aggressive tax on hard working middle and working class people and it’s wrong.”

Crowley said the sales tax increase is “an additional burden on an overtaxed population.” Instead of balancing the budget by raising taxes, “we must come up with alternative sources… rather than punishing our workers and our middle-class residents.”

In a statement, Katz said the increase “will disproportionately burden middle-class New Yorkers who are struggling under the weight of high unemployment, decreasing home values and diminished savings in a time of economic uncertainty.”

Both Ulrich and Crowley called on the State Legislature to reinstate the commuter tax, which was abolished in 1999. “Bringing back the commuter tax would have been a more appropriate relief for our already overtaxed city residents,” said Crowley. However, according to Ulrich, Mayor Bloomberg and Quinn made it clear that revisiting the commuter tax “is not an option.”

In his executive budget released earlier this year, the mayor had threatened to close 16 firehouses, layoff hundreds of ACS workers, cut back on the number of days library branches are open and reduce the city work force by as much as 13,000. He also pushed for a five-cent tax on plastic bags and to eliminate the tax exemption on clothing under $110. However, Quinn argued that those taxes would disproportionably impact low income residents. Still, about 2,000 jobs will be eliminated under the plan.

Crowley, who attended several rallies in support of keeping the firehouses and libraries open, said she is pleased that “our fire protection will not be compromised and that we have won this fight… During this brutal economic time, it has been up to the people and their elected representatives to fight for what matters… We organized, we rallied and we made [it] loud and clear that we would not support a plan that would jeopardize our community’s safety,” she said in a statement.

However, while many officials and residents are breathing a sigh of relief that critical services avoided the chopping block, there is a chance the budget could be amended if the economy continues to falter. At a press conference inside City Hall on Monday, Mayor Bloomberg advised, “If our economy continues to stall, this may not be the last word on this year’s budget.”

This year’s budget negotiations between the mayor and council were largely absent of the public fighting and dissent seen in recent years. The main battles were over the plastic bag fee, which the Council fought against, and the sales tax increase, which drew criticism from some representatives, especially within the outer-boroughs. “It was done responsibly, and it was done without acrimony,” Mayor Bloomberg at a press conference.

However, the drama may be just beginning, since the new tax proposals and increases require approval by the State Legislature. “Balancing this budget required everyone to be a part of the solution, and now the only remaining piece of the puzzle is getting cooperation from the state,” said Bloomberg. “It is imperative that our leaders in Albany come to an agreement to pass a bill that will allow this budget to go into effect.”

Toddler Dies at Childcare Center; Babysitter Charged

By Patricia Adams

An 11-month-old boy died at a local day care facility after falling into a bucket of mop water. James Farrior was in the care of 28-year-old Kristal Khan, the operator of the All Day Every Day Childcare Center at 101-27 108th street in Richmond Hill.

Neighbors watched in shock and disbelief as a fireman ran from the house carrying the limp body of the boy shortly after 11 a.m. “My husband went down to see what the fire trucks were doing next door,” said Liz Rivero who lives in an upstairs apartment. “I went to the window and looked down. A fireman had the baby and he was running with him. I saw his arms and legs hanging. I just knew. He was lifeless.”

Rivero went on to say she had seen the baby’s mother when she would come to pick him up a few days a week in the afternoon. She said the operator of the childcare facility seemed to be a quiet person and that there had been no incidents involving the house before that she knew of.

James Farrior would have celebrated his first birthday on July 25 and was pronounced dead at Jamaica hospital around 11:30 a.m. An autopsy was scheduled to determine whether the boy drowned or broke his neck.

Kristal Khan’s profile was found on skillwho.com, a website community used for showcasing ones skills and talents. She describes herself there as a 27 year old, stay-at-home mother of two beautiful children who offered tutoring and childcare at her home. According to Kahn’s posted resume she was a “former qualified teacher from Trinidad where she taught in a primary school for eight years. She had also offered babysitting services for the last 12 years.

Police said Kahn originally said she had left James and her own two children, 3 and 4years old, in the living room while she went to get a mop. When she came back, Kahn said James had fallen, head first, into a mop bucket that was almost full with water. But later Kahn admitted she had taken Nyquil at 6 a.m. and fell asleep on the couch.

According to a spokesperson from the State Office of Children and Family Services, Kahn didn't have a license to operate the childcare facility, however was not in violation of any laws. Departmental regulations state that an individual may operate a day care facility without a license if they do not have more than two children under their care for more than three or more hours daily. The state does not count the babysitter’s own children as part of the qualifying number for licensing.

“This is all very upsetting,” said neighbor Billy Caires. “I checked this place out for my own child about two years ago. The only reason we did not use it is because they were closing earlier than we needed. It was just about timing.” The man said he had gone into the facility and found everything to be clean and in order.

Kahn was arraigned on Tuesday and charged with endangering the welfare of a child. If convicted she could face up to one year in prison.

District Attorney Richard Brown said that Kahn took the Nyquil despite the fact that she was aware that one of the side effects of the medication was drowsiness. It is alleged that at one point Kahn woke up, did not see the baby in the living room but rolled over and went back to sleep. The DA’s office further alleges that when Kahn awoke a second time she saw the baby in the kitchen with his upper body submerged in the bucket she had filled the night before.

“When parents entrust their young children to a day care center, the operator has an obligation to provide a safe environment. By allegedly failing to carry out her responsibilities, a young child’s life has been tragically and senselessly cut short,” said DA Brown.

The Department of Health and Mental Hygiene (DOH) is investigating the death of James Farrior but has made initial statements that the day care operation run by Kristal Kahn seems to fit the facility parameters set by the state regarding small childcare centers.

Forest Hills Teen Sentenced in Fatal Wreck

Kew Gardens Couple Killed on GCP Service Road

By Conor Greene

A Forest Hills teenager has been sentenced to prison for causing a fatal accident after speeding through a red light while under the influence of painkillers last August on the Grand Central Parkway service road.

Jacob Chubalashvili, who was 17 years old at the time of the accident near 69th Road, will serve between two-and-a-half and seven-and-a-half years in prison under an agreement with the Queens District Attorney’s office.

Chubalashvili, of 62nd Drive, was driving about 60 miles per hour while heading east in a 30-mile-per-hour zone at about 5:30 that morning. Behind the wheel of a Mercedes he had taken without permission, the teenager sped through a steady red light and plowed into an Acura carrying Ki and Hyekyung Kim. The impact split the Acura in half and instantly killed the Kew Gardens couple.

After his arrest, Chubalashvili told police he took the car without permission from a family friend and smoked marijuana before driving. “I remember... jetting down the road and the next thing I remember is waking up in the hospital” he said, according to the DA’s office. The DA also said he later admitted to taking about a dozen pain pills and asked, “How is the Mercedes? That was supposed to be my car” after being told two people had died.

On Tuesday, Chubalashvili’s attorney, Leonard Ressler, said the plea was reached after tests showed that his client “wasn’t as bombed out as police initially said he was.” Ressler said the only drugs that showed up Chubalashvili’s system were the painkillers, which he took to ease pain from dental work.

“The reason he took the plea is because they weren’t prescribed... Nothing [else] showed up, none of the stuff they said at arraignment,” said Ressler. “In all likelihood he passed out,” which is one of the side affects of the pills Chubalashvili took, the attorney added. “Apparently when you get hit in the head, you think of things that don’t exist,” he said when asked about his client’s comments to investigators.

If convicted at trial, Chubalashvili would have faced up to 15 years in prison. According to his attorney, he is unlikely to be paroled until he has served at least two-thirds of the sentence, at which point he will be eligible for early release for good behavior. “Based on past history [in New York State], it doesn’t bode well unless there is a major change,” said Ressler, noting that the current parole board rarely paroles individuals convicted of violent crimes.

The DA’s spokeswoman pointed out that Chubalashvili pleaded guilty to the top charge against him. “If he would have went to trial and if he was convicted of the same [charge], the sentencing guideline is five to 15 years,” she said.

Hyekyung Kim was a supervisor at the city Administration for Children‘s Services and the couple was on their way to work at the time of the accident. Ressler said his client has “always been remorseful” since causing the accident. “It’s tragedy for everyone - his life’s screwed up and they’re dead. It’s a mess,” he said.

Budget Woes Top CB 5 Meeting

By Conor Greene

A discussion on the requests being submitted to the city for the 2010 budget highlighted last week’s Community Board meeting.

Board District Manager Gary Giordano informed board members and residents in attendance last Wednesday in Christ the King High School that the city’s current budget situation is “very difficult at best” as a result of the nationwide economic crisis. With about $1.5 billion less coming in through projected tax revenues, Mayor Michael Bloomberg has proposed “significant budget cuts” in many important areas, said Giordano.

According to Giordano, proposed cuts include about $94 million from Department of Environmental Protection; $455 million from the Education Department; $1 million from Department of Buildings; $17 million from Housing; $23 million from Parks; $33 million from the Department of Aging; $136 million from Administration of Children’s Services and $9 million from City Planning.

The FDNY budget is due to increase by $5 million while the NYPD’s increases by $87 million, under the mayor’s preliminary budget. The Sanitation Department would receive a $22 million increase in its budget under the current play.

However, according to Giordano, the police and fire increases are likely due to wage increases, as the NYPD’s head count will reduce from 31,349 this year to 28,656, and the FDNY ranks would decline from 11,349 members this year to 10,929. As a result of the city’s budget woes, some items requested by the board have been put on hold.

“Lots of items we requested are difficult to pinpoint the extent to which they are going to get funded,” said Giordano. “Personally, I am more worried about police protection and fire protection than some of the capital items.”

However, Giordano did express confidence that the Cooper Avenue underpass project will move forward. “We lobbied hard for that in a lot of different directions,” he said, adding that he is expecting to receive at least half of the $20 million requested.

Other projects requested include measures to prevent flooding throughout the area, which Giordano said has begun starting in the northern portion near Calamus Avenue, and the construction of new catch basins, especially ones with brick that has worn away. A project to improve Grover Cleveland Park is being funded through the Schoolyards to Playgrounds initiative and should begin this year. Finally, Councilwoman Diana Reyna (D-Bushwick) was able to secure funding for the second phase of the Ridgewood library project.

Beyond that, “other projects are difficult” to secure funding for, said Giordano. For example, reconstruction of south Middle Village streets has been pushed back to 2013, he said. Since that entire project is close to $20 million, “I don’t see that happening,” he said, suggesting that the board may have to divide the project into smaller sections to get it moving forward.

Former Queens Woman Sentenced to 20 Years for Fla. Child Abuse

Previously Sentenced to 11 Years In New York

By Conor Greene

A former Queens woman – already sentenced to nearly 11 years for defrauding New York city and state through an adoption scheme – has been sentenced to 20 years in prison in Florida for abusing her children there.

Judith Leekin, 63, of Port St. Lucie, Fla., pleaded no contest last Wednesday to four counts of aggravated child abuse and four counts of aggravated abuse of disabled adults. She was later sentenced to 20 years in prison in accordance with a plea agreement, and under Florida law must serve at least 85 percent before becoming eligible for parole.

Using four aliases, Leekin adopted 11 children while living in Queens between 1988 and 1996. Most of the children had mental or physical disabilities, meaning Leekin received state subsidies to help pay for their care. She moved to Florida with the children in 1998, where she was accused of forcing them to live in squalid conditions and survive on a diet of Ramen noodles and peanut butter and jelly sandwiches.

A detective from the Port St. Lucie Police Department testified that numerous zip-ties and handcuffs were found at the house and had been used to restrain the children. In addition, the children were forced to sleep in a small storage room, were regularly beaten and denied medical care and schooling.

Leekin apologized several times during the hearing, and according to her attorneys, still loves the children. She entered into the plea agreement to spare the children the ordeal of testifying against her.

However, despite the plea agreement, there are still questions regarding the fate of at least one of the children Leekin adopted. She received money to care for Shane “Moo” Graham for about seven years after he was no longer under her supervision.

According to police, Leekin allegedly was seen taking the boy – who suffers from Down Syndrome, autism and sickle cell anemia and cannot walk or talk – from her apartment in 2000 and then returning without him. Several of the other adopted children told police they thought the boy was dead; police are now seeking the public’s help in finding him.

Last year, Leekin was sentenced to 10 years and 10 months in prison for defrauding New York state and city out of $1.68 million through the adoption scheme.

The abuse allegedly began in Queens, with Leekin forbidding the children from going outside or attending school. Several were restrained in bed to prevent them from getting up. After moving to Florida, the children “lived in a similar manner,” according to authorities.

The Florida judge determined that about half of Leekin’s 20-year sentence will run concurrently with the term she received here last year. She won’t be eligible for parole until she is at least 80 years old.

Three Killed in Traffic Accidents

Teen Charged in Forest Hills Wreck, Man Killed on LIE in Maspeth

by Conor Greene

In a deadly 24-hour period for Queens drivers, fatal accidents in Forest Hills and Maspeth claimed three lives in two separate incidents. An unlicensed teenage driver who admitted he was high on marijuana has been arrested in connection with one of the wrecks.

Teen Runs Red Light on Service Road

The carnage began Tuesday morning, when a 17-year-old Forest Hills resident sped through a red light along the Grand Central Parkway service road and slammed into another car, instantly killing a married couple, according to police.

Jacob Chubashvili, 17, slowed as he was approaching the red 5:40 a.m. He then stepped on the gas of the Mercedes-Benz he was driving and swerved around an SUV stopped at the light before colliding with a 2004 Acura. Police said he was going 60 miles per hour in a 30 mile per hour zone and later admitted to having smoked marijuana before getting behind the wheel. The collision pushed the Acura into a light pole, which split apart the car.

A Kew Gardens couple, Ki Kim, 55, and his wife, Hyekyung Kim, 53, were killed instantly. Later that day, Queens District Attorney Richard Brown announced that Chubashvili has been charged with two counts of manslaughter, unauthorized use of a vehicle, driving without a license, speeding and running a red light.

The teen provided police with a blood sample at the accident scene before being taken to a local hospital with neck and back pain, and the charges could be upgraded based on the results of the blood test. Chubashvili, of 108-50 62nd Drive, has a previous arrest record for robbery and fare evasion, according to reports. He faces up to 15 years in prison if convicted of the charges stemming from Tuesday’s accident.

Hyekyung Kim was a supervisor at the city Administration for Children’s Services and the couple was on their way to work at the time of the wreck, according to reports. “This case will be vigorously prosecuted and should serve as a warning to those who would flout our traffic regulations and put others in danger,” said Brown in a statement.

Minor Fender Bender Leads to Fatal Accident

Less than 24 hours later, a 61-year-old man who exited his car following a minor accident on the Long Island Expressway was struck and killed by a tractor trailer, according to police.

The man, whose name has been withheld pending notification of his family, got in a minor fender bender involving several vehicles at about 3 a.m. near the 69th Street exit in Maspeth, said police. After exchanging information with the other driver, the man pulled into traffic in front of a tractor-trailer, which was unable to stop before slamming into the car.

As of Wednesday morning, police were attempting to reach the man’s next of kin, who they say live in the area. Reports that an ambulance carrying two EMS workers was also involved in the accident were not able to be immediately confirmed.

Note: The online version of this story has been updated.

Former Queens Woman Sentenced to 130 Months for Adoption Fraud

By Conor Greene

A former Queens woman has been sentenced to nearly 11 years in prison for defrauding the state and city out of more than one million dollars through an adoption scheme. She is now facing criminal charges in Florida for allegedly abusing nearly a dozen adopted children.

Judith Leekin, 63, of Port St. Lucie, Fla., pleaded guilty in May to stealing about$1.68 million in adoption subsidies meant to pay for the care of her 11 adopted children, many of who were physically or mentally disabled. On Tuesday, the United States Attorney for the Southern District of New York announced she has been sentenced to 130 months in prison by District Judge Richard Berman in Manhattan federal court.

“For almost 20 years, Judith Leekin manipulated a system intended to protect the welfare of New York City’s neediest children,” said U.S. Attorney Michael J. Garcia. “Today, she will begin paying for the years that she spent caring more about the $1.68 million she stole than she did for the children she was entrusted to protect.”

Leekin is now to return to Florida, where she is scheduled to appear in court in August on abuse charges stemming from her treatment of the children under her care. She is accused of beating, starving and restraining the children and faces life in prison if convicted on those charges.

Judge Berman also ordered Leekin to surrender two homes she owns in Florida and pay back the stolen money. While the plea agreement finalized in May called for a prison sentence of six-and-a-half to eight years, the judge was allowed to sentence her for up to 20 years for each of the two counts.

In the weeks leading up to the sentencing, officials including Rose Gill Hearn, commissioner of the city Department of Investigations and attorneys representing the abused children wrote to the judge urging him to issue a harsh sentence.

“Leekin perverted New York City’s adoption subsidy program and in so doing crush the childhoods of children she adopted by causing them irreparable pain and suffering, including by keeping the children locked away,” she said following the sentencing.

Leekin adopted the children in New York between 1988 and 1996 before moving for Florida. When applying to the state Office of Children and Family Services and the city Administration of Children’s Services, she used four different fake names and lied about how many other children were in her care. She “used the money to support a lavish lifestyle for herself” while neglecting the children, said authorities.

While living in Queens with 12 children (authorities are unsure as to the whereabouts of the twelfth child) in 1997, Leekin forced the 11 adopted children to live in the basement and forbid them from going outside or to school. Several were restrained while in bed to prevent them from getting up.

After moving to Florida, the 11 children “lived in a similar manner,” with 10 of the children forced to live in a storage room next to the garage, only allowed to enter the house to use the bathroom or kitchen. Several “were restrained using plastic ties,” said authorities.

(AP Photo/St. Lucie County Sheriff's Dept., File)