MINUTES
OTHERS: C.E.’s Office: Bill Randolph; Budget Dept.: Kate Carrano, Arthur Vietro; CBAC/LWVW: Barbara Strauss; Planning Dept.: Fran McLaughlin; Parks Dept.: Commissioner Motley, Joe Stout, David DeLucia; Finance Dept.: Commissioner Pucillo, John Waltman; Planning Dept.: Gina D’Agrosa, Robert Doscher; BOL: Sally Schecter, Barbara Dodds, Legislator Mosiello; Robert Boland, Christopher Chang, Tina Seckerson
Chairman Wishnie called the Budget Committee meeting to order at 10:10 a.m.
MINUTES:
On motion of Legislator Carsky, seconded by Legislator Young, the motion to approve the Minutes of March 26, 2001 was carried by a vote of 6-0 with Legislator Abinanti out for the vote.
DISCUSSION:
C9. RWW02: Proposed Bond Act authorizing $100,000 in Serial Bonds for Wilson Woods Pool Modernization. (2/26/01)
· Required to finance the design of a reconfiguration and modernization of the existing Wilson Woods Pool complex into a leisure pool facility.
· Project will include the renovation of some areas, the demolition of old and the installation of new aquatic facilities, as well as addressing the mechanicals, concession and parking facilities.
· Willson’s woods is a 23 acre park in Mount Vernon
· The pool was built in 1928
· While the bath house is still in good shape, they plan on restoring the interior. Roof was replaced about 4 years ago.
· Design money is to look at pool
· Looking for play features, park-like environment, current rivers, length of season
· Looking at parking facility as well
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On motion of Legislator Young, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 6-0 with Legislator Abinanti out for the vote.
C19. B035A: Proposed Bond Act authorizing $360,000 in Serial Bonds for Heavy Equipment. (2/26/01)
Required to finance the acquisition of heavy equipment for the Department of PRC, including a refuse compactor truck for Playland and a garbage truck and a dump truck for general maintenance, costing approximately: $110,000; $130,000 and $120,000 respectively.
On motion of Legislator Young, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 6-0 with Legislator Abinanti out for the vote.
C12. TO19A: Proposed Bond Act authorizing $225,000 in Serial Bonds for Bus Mini-Terminals. (2/26/01)
· Required to finance the rehabilitation and construction and/or enhancement of the Bronx Street bus terminal located at the White Plains TransCenter in White Plains.
· Project will include the preservation and restoration of the exterior facilities at the Bronx Street bus terminal, including the rehabilitation of canopies.
· The proposed legislation includes a $25,000 cash component from current funds, for a project total of $250,000.
· Committee is in receipt of a memo with regard to demolition of the Bronx Street Buildings and Canopies answering questions asked at the previous meeting in which this item was discussed.
On motion of Legislator Young, seconded by Legislator Swanson, the motion to approve this item was carried by a vote of 6-0 with Legislator Abinanti out for the vote.
A17.* EFC Revolving Loan Program: Proposed legislation authorizing the County to participate in the New York State Environmental Facilities Revolving Loan Program. (3/26/01) (Also referred to ENV)
· The plan of financing includes the issuance of the 2001B Refinancing Bonds for the improvements for various sewer system improvements including: Blind Brook Pump Station rehabilitation, Bronx Valley Pump Station rehabilitation, New Rochelle System Rehabilitation, Ossining Incinerator upgrade, Peekskill Pump Station rehabilitation, Port Chester Furnace upgrade, North Yonkers
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· Pump Station modifications, Saw Mill Pump Station rehabilitation, Yonkers Joint Treatment Plant Odor Control system Rehabilitation, and the Department of Environmental Facilities Nutrient Removal Pilot Project.
· The district that will pay the principal of and interest on said bonds will include the Blind Brook Sewer District, Bronx Valley Sewer District, New Rochelle Sewer District, Ossining Sewer District, Peekskill Sewer District, Port Chester Sewer District, and Saw Mill Sewer District.
· Commissioner Pucillo explained that participation in this program will save approximately $1.5 million dollars over the life of the loan.
On motion of Legislator Swanson, seconded by Legislator Young, the motion to approve this item was carried by a vote of 6-0 with Legislator Abinanti out for the vote.
A16.* Reduction of inventory amount maintained by Purchasing Agent: Proposed Local Law reducing the dollar amount of inventory that may be maintained by the Purchasing Agent. (3/26/01)
· This would reduce the dollar amount of inventory that may be maintained by the County Purchasing Agent from a maximum amount of $750,000 to a maximum amount of $400,000.
· In recent years the dollar value of the inventory maintained has been about one-0half of the maximum statutorily authorized amount of $750,000 and the difference has been placed in an unreserved fund balance designated for investment in inventories. Commissioner Pucillo explained that in order to put this money that is in the unreserved fund balance to better use, the statutorily authorized maximum amount of inventory maintained by the Purchasing Agent must be reduced.
· Mr. Boland informed the Committee that the auditors have looked this over and are in agreement.
On motion of Legislator Swanson, seconded by Legislator Young, the motion to approve this item was carried by a vote of 6-0 with Legislator Abinanti out for the vote.
A1.* Improvement of Long Island Sound Water Quality: Proposed Legislation
authorizing the County to enter into IMA’s with various municipalities located along the Long Island Sound Watershed in order to undertake various projects designed to improve the water quality of the Long Island Sound Watershed. (3/26/01) (Also referred to ENV)
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· Ms. D’Agrosa explained that these IMA’s do not require the exchange of money. She further stated that similar legislation was authorized by the Board of Legislators in 1998.
· The designated municipalities are Lewisburg, Pound Ridge, Bedford, North Castle, New Castle, Rye Brook, Harrison, Port Chester, Rye City, White Plains, Mamaroneck Village, Mamaroneck Town, Larchmont, New Rochelle, Scarsdale, Pelham, Pelham Manor, Mount Vernon and Eastchester.
· LIS watershed stream and wetland restoration projects rely on the re-establishment of plant communities to improve water quality and fish and wildlife habitat (bioengineering).
· Six study areas have been established in the LIS watershed. Watershed Advisory Committees (“WAC’s”) made up of representatives from municipalities within each study area are charged with making recommendations to improve water quality in the watershed. WACs are comprised of citizens and municipal staff from the local municipalities and significant administrative and technical assistance is provided by the Planning Department.
· To date, all funding for these projects has been provided through federal and state grants.
· It was asked what specific role communities will play as far as housekeeping goes, i.e. will they clean out the catch basins? Ms. D’Agrosa responded that the IMA’s are specific to each project and the community commits to that project.
On motion of Legislator Noto, seconded by Legislator Carsky, the motion to approve this item was carried by a vote of 6-0 with Legislator Abinanti out for the vote.
RECEIVE & FILE:
On motion of Legislator Noto, seconded by Legislator Young, the motion to Receive and File Items A4, A14, A15, A 18 and A19 (referenced below) was carried by a vote of 6-0 with Legislator Abinanti out for the vote.
A4. Certiorari Refunds: Forwarding a package of court-ordered certiorari refunds. (2/26/01)
A14.* Court-Ordered Certiorari Refunds: Forwarding a package of court-ordered certiorari refunds. (3/26/01)
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A15.* Gift Acceptance: Acceptance of the gift of a tracking dog from Cynthia
Thompson to be used by the Department of Public Safety. (3/26/01)
A18.* Gift Acceptance: Acceptance of a gift from Hudson Valley Bank to be used to support the “Sunday Concerts in the Park Program”. (3/26/01)
A19.* Gift Acceptance: Acceptance of a gift from the Generoso Pope Foundation to be used to support the “Westchester Scholars Program”. (3/26/01)
AIRPORT PARKING GARAGE:
· County Attorney was in to discuss a proposed Local Law which would authorize the County to enter into a Second Amendment to an Agreement of Lease dated October 19, 1993(Ground Lease) between the County, Westchester Airport Associates, L.P. (WAA), and the Westchester County Industrial Development Agency (IDA) in relation to the parking facility at the County Airport and limiting the hours of operation of the parking facility.
· The Ground Lease provides for WAA to pay rent to the County and gives the County the option to cancel the Lease every 7 years following the completion of the parking facility, which was completed on August 1, 1994. The gross receipts from parking have exceeded the original projections.
· There is concern by the Administration that unless the existing parking spaces are appropriately managed and unless the use of mass transit and other means of accessing the Airport are encouraged, efforts will be made to try to have the parking facility expanded.
· Currently people arrive as early as possible at the Airport to secure a parking space. This practice prevents encourages people to arrive at the Airport much earlier than necessary and encourages traffic earlier in the morning. It also causes the parking facility to fill up and prevents others who don’t travel as early in the day from getting a parking spot. Also, the number of days that the parking facility is full interferes with the ability to perform necessary maintenance, repairs and cleaning.
· The Proposed Second Amendment calls for the parking facility to be closed between 12:30 a.m. and 5:50 a.m. daily. This is temporary and its impact will be assessed.
· There has been an excess rent payment dispute ongoing. WAA feels it has overpaid the County and the County feels that WAA is not owed any money and actually owes the County $614,693 on account of excess rent for the year ending July 31, 2000.
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· Under the proposed Second Amendment this dispute would go to binding arbitration. The arbitration would be heard by a panel of 3 former Supreme Court Justices, one selected by each party, and the third arbitrator would be selected by the other two arbitrators. Each party would pay its won arbitrator and its own counsel fees but would split the costs of the neutral arbitrator and any other common arbitrator expenses equally. Any award by the arbitrators would be enforceable as a judgment and must be paid promptly with interest.
· The Ground Lease gives the County the option to cancel the lease and acquire the parking facility every 7 years following the commencement date of the Ground Lease. The County must give 90 days prior notice which must be authorized by the Board of Legislators and accompanied by a legal opinion that can only be obtained from limited specified sources. In order to cancel the lease the County would have to pay off the outstanding financing on the parking facility and would have to pay WAA the present value of its profit for the balance of the Ground Lease term, discounted at 10%. These payments combined would likely exceed $30 million and would be increased by at least $3 million if WAA prevails on the Excess Rent dispute.
· WAA has agreed to extend the time within which the County may make a decision. The proposed second amendment would extend the date for the County to exercise its option to August 1, 2002, and the date that the County may give notice (and the Board to approve such notice) to May 2, 2002.
In order to discuss the potential litigation, on motion of Legislator Carsky, seconded by Legislator Noto, the motion to go into Executive Session at 11:20 a.m. was carried by a vote of 6-0 with Legislator Abinanti out for the vote.
On motion of Legislator Young, seconded by Legislator Noto, the motion to go out of Executive Session at 11:29 a.m. was carried by a vote of 6-0 with Legislator Abinanti out for the vote.
On motion of Legislator Stewart-Cousins, seconded by Legislator Noto, the motion to approve this legislation was carried by a vote of 6-0 with Legislator Abinanti out for the vote.
A&C CALENDAR:
The Committee reviewed the A&C Calendar.
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ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Noto, seconded by Legislator Stewart-Cousins, the meeting was adjourned at 11:37 a.m.