COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES

OCTOBER 21, 1996

ATTENDANCE:

B & A MEMBERS: Wishnie, Swanson, LaMotte, Darcy, Young, Delfino

OTHERS: C.E.’s Office: Gina Angiulo; Law Dept: Denise D’Ambrosio; CBAC: Barbara Strauss; LWV: Esther Shay; PRC: Joe Stout; Budget Dept.: Joe Phelan, Tom Coleman, Leslie Bennett; Tax Commission: Margaret (Ciamarra) Iacomini; Legislators: Carsky, Donovan; Town of Yorktown: Louis DiMicco, Councilman Nicholas Bianco, Assessor Robert Killeen; BOL: Robert J. Boland, Tina Seckerson

Co-Chairs Swanson and Wishnie called the meeting to order at 3:05 p.m.

DISCUSSION: (There is a cassette tape on file for more detailed information):

AGENDA ITEMS:

13. COUNTY ATTORNEY: Proposed Act authorizing the County to settle the lawsuit of Joanne Ciallella, as Administratrix of the Estate of John G. Ciallella and Joanne Ciallella, Individually v. County of Westchester, Westchester County Department of Public Works. (10/7/96)

Ms. D’Ambrosio gave an overview of the case in which Joanne Ciallella seeks monetary damages for the wrongful death of her husband John Ciallella allegedly caused by the negligence of the County of Westchester for its failure to maintain in a reasonably safe condition a portion of the Bronx River Parkway approximately three-tenths of a mile north of the Harney Road intersection in Eastchester.

Proposed settlement is $925,000.00 while jury awards in cases such as this have been up to $1,905,000.00

The County Attorney’s Office recommends this settlement as does the Commissioner of the Department of Public Works.

 

 

27. COUNTY ATTORNEY: Proposed Act authorizing the County Attorney to settle the lawsuits entitled In Re Presidential Airways, Inc./Kermit A. Rosenberg, Trustee v. Westchester County, and In Re Presidential Airways, Inc./Kermit A. Rosenberg, Trustee v. White Plains Airport. (10/7/96)

Ms. D’Ambrosio gave an overview of the case which involves two companion bankruptcy proceedings.

Presidential Airways, Inc. operated at the Westchester County Airport in 1989. They became delinquent on certain payments. Three payments were made to the County in the amounts of $24,996.60; $581.61; and $30,172.00

 

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On October 26, 1989 Presidential filed for bankruptcy. Ms. D’Ambrosio explained that the Bankruptcy Code allows the debtor to recoup those payments of prior debts which were made less than 90 days prior to the date the debtor filed for bankruptcy. The October 26, 1989 filing occurred within 90 days of the three aforementioned payments Presidential made to Westchester. The payments totaled $55,750.23; the amount Presidential now seeks to recoup pursuant to Chapter 11 of the United States Bankruptcy Code.

Ms. D’Ambrosio stated that the court would likely find that Presidential has a statutory right to the return of the payments at issue in these proceedings. The County Attorney’s Office recommends this settlement and the Commissioner of Transportation concurs.

Mr. Wishnie asked if they owe the County any more money. Ms. D’Ambrosio stated that they do not.

Ms. D’Ambrosio stated that the County becomes a creditor in this case.

Mr. Boland inquired as to the time frame for filing. Ms. D’Ambrosio stated that it is within the statute of limitations.

 

On motion of Legislator Darcy, seconded by Legislator Delfino, the motion to go into Executive Session at 3:17 p.m. to discuss the potential settlements of these cases was carried by a vote of 6-0.

On motion of Legislator Darcy, seconded by Legislator LaMotte, the motion to go out of Executive Session at 3:40 p.m. was carried by a vote of 6-0.

On motion of Legislator Darcy, seconded by Legislator LaMotte, the motion to approve Item #27 was carried by a vote of 6-0.

15. HON. GEORGE LATIMER: Forwarding a copy of a letter to the Co-Chairs of the Committee on Budget and Appropriations from the Commissioner of Public Safety requesting permission from the Board of Legislators to offer a $25,000 reward for information leading to the arrest and conviction of the individual or individuals responsible for the recent acts of racist vandalism that have taken place in the Village of

Mamaroneck. (10/7/96)

Mr. Wishnie asked if the County has a policy for offering rewards. Ms. D’Ambrosio stated that that the Board could have a policy if they wanted one. Currently Section 297.11 of the County Charter makes a general statement that the D.A.; Sheriff or Public Safety Department; or the Chairman of the Board can offer rewards for capital crimes which are punishable for 10 or more years.

Mr. Darcy stated that this incident did not occur on County property. He further stated that when the BOL wanted to include a Bias Crime Unit there was no money to do so, therefore he wondered where this money would come from.

Mrs. LaMotte suggested that some money be put into the Invest-In-Kids Fund to teach our children about this type of vandalism.

 

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Mrs. Swanson stated that there was a murder in her district last year of a fireman on County property and the County did not offer a reward.

Mr. Delfino asked if the Public Safety Commissioner had consulted with the Law Department on the offering of this reward. Ms. D’Ambrosio stated that to her knowledge they had not.

Mrs. Swanson asked if the Committee would like to have the Commissioner of Public Safety in to discuss this item. Mr. Darcy again questioned where the money would come from. Ms. D’Ambrosio stated that the code does not address where the money comes from. The Committee asked the Budget Department where the money would come from. Mr. Coleman responded that he would get back to the Committee with an answer.

Mr. Wishnie read a letter to the Committee that the previous term’s Budget Committee had written to the Committee on County Officers and Departments with regard to the offering of rewards. On motion of Legislator Darcy, seconded by Legislator LaMotte, the motion to send the same type of letter from B & A to COD was carried by a vote of 6-0. [NOTE: Subsequent to this meeting it was decided by the Chairman of the Board that the letter was not necessary as he would handle this matter]

 

 

3. COUNTY EXECUTIVE: Proposed legislation authorizing the County to apply for funds from the New York State Office of Parks, Recreation and Historic Preservation to support the County’s parks. (10/7/96)

Applying for funds for new picnic area .

This is a matching grant for $100,000 (Title 9 funds) from the New York State Office of Parks, Recreation and Historic Preservation. The way this program works is that the County has to spent $100,000 to get the reimbursement. Mr. Stout stated that we are not committed to completing this project.

The County has already spent their match on the design of the project .

The total project cost would be $435,000 of which construction would be $335,000

 

On motion of Legislator Young, seconded by Legislator Delfino, the motion to approve this item was carried by a vote of 6-0.

24. HON. ANDREW DONOVAN: Forwarding a copy of his letter to the Chairman re: the State’s Special Segmentation Rate. (10/7/96)

Mr. Donovan stated that the Laws of Westchester County do not allow the Tax Commission to use segmentation rates, they can only use the equalization rate. The State has established that the rate the County is using for the school districts is wrong. In this case the segmentation rate is fairer. An amendment would provide the Tax Commission the option of using either the segmentation rate or the equalization rate as they see fit.

The Committee was informed that litigation has started in a class action taxpayer suit.

Using the special segmentation rate would provide for a savings of $300 per year, per household in Yorktown.

Mrs. LaMotte asked how many parts of Westchester are affected. The response was that it only affects two school districts, North Salem and Lakeland.

The Committee will discuss this further.

 

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Minutes: On motion of Legislator Swanson, seconded by Legislator Darcy, the motion to approve the Minutes of October 16, 1996 was carried by a vote of 5-0. (Legislator Young out for vote)

There being no further items for discussion, on motion of Legislator Darcy, seconded by Legislator Swanson, the meeting was adjourned at 4:45 p.m.