COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES

APRIL 28, 1997

3:00 P.M.

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

OTHERS: C.E.’s Office: Gina Angiulo-IGR; Budget Department: Joe Phelan-Budget Director; PRC: Commissioner DeSantis, Deputy Commissioner Stout, Dave DeLucia; Law Department: Marilyn Slaatten-County Attorney, Stu Glass- Senior Asst County Atty, Bill Martin- Senior Asst County Atty; CBAC: George Hosey, Barbara Strauss; Women’s Advisory Board: Betty Wurster; BOL: Robert J. Boland- Budget Analyst, Tina Seckerson-Secretary to Committee

Co-Chairs Wishnie and Swanson called Budget & Appropriations Committee meeting to order at 3:05 p.m.

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

On motion of Legislator LaMotte, seconded by Legislator Darcy, the motion to approve the Minutes of April 21, 1997 was carried by a vote of 6-0. (Legislator Abinanti out for vote)

AGENDA ITEMS:

RECEIVED & FILED: On motion of Legislator Young, seconded by Legislator Darcy, the motion to Receive and File the following items (17-27) was carried by a vote of 6-0. (Legislator Abinanti our for vote)

17.* COUNTY EXECUTIVE: Acceptance of a gift from Bill Dimoplulos to be used at Washington’s Headquarters. (4/21/97)

18.* COUNTY EXECUTIVE: Acceptance of a gift from Howard Frank to be used by the Parks Tree Trust. (4/21/97)

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19.* COUNTY EXECUTIVE: Acceptance of a gift from Carolyn Weyant to be used by the Parks Tree Trust. (4/21/97)

20.* COUNTY EXECUTIVE: Acceptance of a gift from Dominick Corbi to be used by the Parks Tree Trust. (4/21/97)

21.* COUNTY EXECUTIVE: Acceptance of a gift from Anupama Sharma to be used by the Parks Tree Trust. (4/21/97)

22.* COUNTY EXECUTIVE: Acceptance of a gift from Jeannie Koller to be used by the Parks Tree Trust. (4/21/97)

23.* COUNTY EXECUTIVE: Acceptance of a gift from Maria E. Mosca to be used by the Parks Tree Trust. (4/21/97)

24.* COUNTY EXECUTIVE: Acceptance of a gift from Catherine Korda to be used by the Parks Tree Trust. (4/21/97)

25.* COUNTY EXECUTIVE: Acceptance of a gift from Phyllis Milton to be used by the Parks Tree Trust. (4/21/97)

26.* COUNTY EXECUTIVE: Acceptance of a gift from Debbie Guarniero to be used by the Parks Tree Trust. (4/21/97)

27.* COUNTY EXECUTIVE: Acceptance of a gift from The National Minority Business Counsel to be used by the County Office for the Aging’s Senior

Employment Program. (4/21/97)

8. COUNTY ATTORNEY: Proposed Act authorizing the commencement of

legal proceedings to recover amounts due for hospital services. (4/7/97)

• Ms. Slaatten informed the Committee that all pre-suit remedies have been exhausted and that there were substantial assets to make the settlement worth pursuing.

On motion of Legislator Darcy, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 6-0. (Legislator Abinanti out for vote)

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34.* COUNTY ATTORNEY: Proposed Act authorizing the County to settle the action entitled In the Matter of the Application of Norwood E. Jackson as Commissioner of the Department of Correction of the County of Westchester, and the County of Westchester v. New York State Correctional Services, Thomas A. Coughlin III, as Commissioner of the New York State Department of Correctional Services, New York State Division of Parole and Raymon J. Rodriguez as Chairman of the New York State Division of Parole. (4/21/97

• The State will pay the County a total amount not to exceed $992,372 in damages (reimbursement for each day that a "State Ready" inmate was not accepted by the State within the required period of time. In addition the State agrees to reimburse the County for all medical and other expenses incurred by the County for those State Ready inmates on medical hold.

On motion of Legislator LaMotte, seconded by Legislator Delfino, the motion to approve this item was carried by a vote of 6-0. (Legislator Abinanti out for vote)

35.* COUNTY ATTORNEY: Proposed Act authorizing the County to settle the lawsuit entitled Bellino Construction Co., Inc. and Reliance Insurance

Company of New York v. County of Westchester. (4/21/97)

• The County Attorney explained that this is an action by Bellino Construction Company and its surety and assignee, Reliance Assurance Company, for breach of contract and unjust enrichment. The plaintiffs allege that the County failed to pay Bellino for work performed pursuant to their contract with the County as well as additional work due to changes in the project necessitated by unforeseen conditions.
• Mr. Boland inquired as to how this will be paid. Ms. Slaatten responded that it will come from the Refuse Disposal Capital Program - Project RD002-47. She further informed the Committee that the Commissioner of Environmental Facilities has informed her that there is $400,000 available.

On motion of Legislator Darcy, seconded by Legislator Delfino, the motion to approve this item was carried by a vote of 6-0. (Legislator Abinanti out for vote)

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36.* COUNTY ATTORNEY: Authorizing the County Attorney to settle the lawsuit of John Bracco and Mary Bracco v. County of Westchester, Westchester County Medical Center, Charles E. McGowan. (4/21/97)

• Mr. Bracco was admitted to WCMC for coronary bypass surgery. Subsequent to his successful surgery, he was transferred to WCMC’s Rehabilitation Department for physical and occupational therapy.
• Mr. Bracco was positioned for an x-ray standing on a platform connected to an x-ray machine. The seatbelt mechanism to strap him to the x-ray machine was not used and Mr. Bracco fell backwards off the x-ray machine.

On motion of Legislator LaMotte, seconded by Legislator Young, the motion to approve this item was carried by a vote of 6-0. (Legislator Abinanti out for vote)

6. COUNTY EXECUTIVE: Proposed Act authorizing the County to transfer a 90% undivided interest in the Peter Jay Property in the City of Rye to the State of New York in consideration of the receipt of $3,600,000 and to enter into a cooperative agreement for the operation of the Peter Jay Property. (3/24/97) (Also referred to ENV)

• Commissioner DeSantis explained that this matter has been before the Parks Board. They approve of it and feel the County should move forward with it.
• This proposed act would permit Westchester County to receive funds in the amount of $3,600,000 from the State of New York under the Environmental Quality Bond Acts in support of the County’s acquisition of the Peter Jay Property.

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• The State is requiring the County to convey to it a 90% undivided interest in the Jay Property by Bargain and Sale Deed with Covenants against Grantor’s acts.
• The County will maintain and operate the property as a park, for low intensity recreational, educational and conservation purposes, open to all New York State residents.
• The State requires that the County maintain and operate the facility.
• Mrs. Swanson asked what the County will gets for this. Ms. Slaatten responded that the County will get $3.6 million.
• Mrs. LaMotte pointed out that although the State will have a 90% undivided interest, in the event of any type of lawsuit, the County will be the responsible party.
• Mr. Phelan informed the Committees that the money will go into the Capital Fund to pay off debt service. Mr. Abinanti asked for written assurance that the cash will actually be segregated and not used for other projects.

For the Budget Committee: On motion of Legislator Darcy, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 7-0 with Legislator Swanson signing "Without Prejudice".

For the Environment Committee: On motion of Legislator Latimer, seconded by Legislator Delfino, the motion to approve this item was carried by a vote of 4-0.

ENVIRONMENT COMMITTEE MINUTES: On motion of Legislator Delfino, seconded by Legislator Latimer the motion to approve the Minutes of April 22, 1997 was carried by a vote of 4-0.

ADJOURNMENT OF ENVIRONMENT COMMITTEE: On motion of Legislator Delfino, seconded by Legislator LaMotte, the Environment Committee meeting was adjourned at 3:55 p.m.

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The Budget Committee continued with their agenda items:

5. COUNTY EXECUTIVE: Proposed Act authorizing the County to enter into an

IMA with the City of Yonkers Board of Education for the lease of the Wightman Mansion and Garage and the property directly adjacent to these structures for park purposes. (4/7/97)

• The Commissioner explained that the County has had a long-standing agreement with the Yonkers Board of Education for the lease of the Wightman Mansion and Garage.
• Mr. Darcy asked who determines what needs to be maintained. Commissioner DeSantis stated that the County does. They are obligated under the terms of the IMA to maintain the building up to our standards.
• The Current lease expires on May 1, 1997.
• Mr. Abinanti requested a copy of the lease.

29.* COUNTY EXECUTIVE: Proposed Act authorizing the County to grant a

license to Toll Brothers, Inc. to construct and operate a sewer main across a portion of the Maple Moor Golf Course and to grant a perpetual easement to the City of White Plains to operate and maintain the sewer main upon its completion and upon its conveyance to the City by the County. (4/21/97)

• According to the Commissioner, the County was approached by Toll Brothers regarding their potential access to the sewer line across the Hutch which connects to a County trunk line.
• This legislation would authorize the County to enter into a license agreement with Toll Brothers to operate and construct a sanitary sewer main across a portion of the Maple Moor Golf Course located in the City of White Plains.
• Construction of the sewer main will include the installation of 1,500 linear feet of ductile iron pipe as well as various improvements to the golf course (i.e. the construction of new golf cart paths, the furnishing of 100 trees, the dredging of the irrigation pond and the installation of stormwater drainage piping). The County will occur no costs in connection with this.
• Mrs. Swanson suggested there should be a provision requiring a performance bond.
• Mrs. LaMotte suggested that it might be appropriate to also require a completion bond in the event of a problem with the sewer line.

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• Mr. Delfino asked if the County received any documentation from the City with regard to this project. Commissioner DeSantis responded that they don’t have a letter from the City Administration, but both the White Plains Commissioner of Planning and the White Plains Commissioner of Public Works have written correspondence in favor of the project.
• Mr. Delfino requested the Committee refrain from taking any action on this item until he has an opportunity to discuss it with the City of White Plains administration.

1. Resolution: Finding that there will be no significant impact on the environment from the adoption of legislation authorizing the acquisition of property located at 32 Crestview Drive in White Plains. (2/26/97)

2. Act: Authorizing the acquisition for park purposes by the County from Grieco

3. (Bond) Act: Authorizing the issuance of $510,000 in bonds - acquisition of land located in the Northeastern section of White Plains, known as the Grieco Property. (2/26/97)

• Mr. Delfino cited several reasons why he feels this proposal would be beneficial, including:

1. The legislation is consistent with the County’s Open Space and Urban Form policies.
2. The County Parks and Planning Boards have both recommended the purchase.
3. The purchase price of $475,000 is below the apprised value.
4. The purchase would provide West Side access to Silver Lake Park.
5. The acquisition is in keeping with the recommendations set forth in a comprehensive plan of the City of White Plains entitled White Plains Vision: A Plan for the 21st Century.

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On motion of Legislator Delfino, seconded by Legislator Darcy, the motion to approve this item (III, 1, 2 & 3) was carried by a vote of 6-1 with Legislator Abinanti being recorded in the negative.

There was a general discussion of bonds/debt service with Mr. Phelan.

There being no further items for discussion, on motion of Legislator Darcy, seconded by Legislator LaMotte, the meeting was adjourned at 5:15 p.m.