MINUTES
PARKS MEMBERS: Pinto, Ryan, Spreckman
OTHERS: C.E.’s Office: Bill Randolph, Sal Carerra; Budget Dept.: Kate Carrano, Leslie Bennett; Law Dept.; Jim Robertson, Karen Ramos; CBAC/LWV: Barbara Strauss; STVCC: Richard P. Streicher; Planning: Jerry Mulligan; PRC: Joe Stout; DPW: Ralph Butler; DOT: Lawrence Salley; Westchester Land Trust: Sue Carpenter; BOL: Sally Schecter, 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 Kaplowitz, seconded by Legislator Swanson, the motion to approve the Minutes of May 21, 2001 was carried by a vote of 7-0 (Legislators Abinanti and Noto out for the vote).
DISCUSSION:
Mortgage Tax Receipts: Proposed Act authorizing and directing the Commissioner of Finance to pay the Mortgage Tax Receipts. (6/4/01)
On motion of Legislator LaMotte, seconded by Legislator Carsky, the motion to approve this item was carried by a vote of 7-0 with Legislators Abinanti and Noto out for the vote.
A10: Release from Damages: Proposed Act authorizing the County to release the
State from all legal damages related to the taking by the State of the parcels of County-owned property. (11/13/00)
· This item was discussed in detail at the B&A meeting on November 30th. At the time there was concern expressed as to how the State was going to use this property. Specifically Committee members expressed opposition to this property being used for cell towers.
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· Mr. Robertson explained that the State has completed its acquisition of the property and exercised its right under its power of eminent domain and the only outstanding issue is the payment by the State to the County for the properties.
· Mr. Robertson explained that the State has had the property for the past 3-4 years, this is just to accept the money. The County can’t get the property back. The Planning Department looked at what the state used each piece for, most were for parkway improvements (i.e. shoulders, turning lanes, etc.) No cell towers have gone up.
On motion of Legislator Kaplowitz, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 7-0 with Legislators Abinanti and Noto out for the vote.
Home Rule Request:
· Committee considered a Home Rule Request (which was signed out by the Legislation Committee on 5/14/01) which would authorize Harry Flores and Carol Merrell to make application for the alternative 25 year retirement benefit plan for correction officers.
· As Chair of the Legislation Committee, Legislator Stewart-Cousins stated that she had been assured that these are the last two such requests. The total cost for these two will be less than $100,000.
On motion of Legislator Stewart-Cousins, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 7-0 with Legislators Abinanti and Noto out for the vote.
A14: Lawsuit Settlement: Proposed Act authorizing the settlement of the lawsuit
entitled Kevin Calcagni, individually, and Dylan Calcagni, an infant by his father and natural guardian, Kevin Calcagni v. The County of Westchester, and Robert D. Anderson Co. (4/23/01)
· This is a negligence action to recover damages for personal injuries arising out of an accident that occurred on February 22, 1997, in the rear plaza of the Westchester County Courthouse.
· A large slab of exterior cement fell from about the 19th floor of the courthouse striking the ground approximately five feet from the plaintiff and shards of cement struck the plaintiff in his right eye.
· A county employee and a Court Officer witnessed the accident.
· Dylan Calcagni was not injured. He was originally named as a plaintiff in this action but his claim was discontinued.
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· At the time of the accident the county owned and maintained the courthouse.
· County was noticed on defective conditions and failed to repair it.
· Shortly before jury selection, the plaintiff and the county reached a tentative settlement for $125,000.
On motion of Legislator Stewart-Cousins, seconded by Legislator Wishnie, the motion to approve this item was carried by a vote of 7-0 with Legislators Abinanti and Noto out for the vote.
WCC RESOLUTIONS:
· Committee considered three resolutions with regard to the WCC Budget Public Hearing:
Ø Suspending Rules 9 & 11
Ø Adopting rules of conduct for the public hearing
Ø Designating newspapers to publish the public hearing notices
On motion of Legislator Carsky, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 7-0 with Legislators Abinanti and Noto out for the vote.
C8: RGC07: Proposed bond act authorizing the issuance of $400,000 in bonds –
Hudson Hills Golf Course. (5/7/01)
· The ultimate cost of this project will be $9 million. Of the $7.75 million that has been approved, $7.65 million has been expended leaving a balance of about $100,000.
· This bond act authorization is to finance the cost of the design and construction management for the maintenance and clubhouse buildings at Hudson Hills Golf Course.
· Clubhouse would be smaller than those at other county golf courses.
· Construction will be about 18 months. It will be about 2 ½ years before golfers are on the course.
· Design architect will be required to be out on the site during the construction phase as well as someone from PRC
· Not anticipating any change orders. Turco is in the sole business of constructing golf courses
· Committee asked for a revised 19-20 as well as a cost breakdown
· No decision yet on who will run the golf course.
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On motion of Legislator Kaplowitz, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 7-0 with Legislators Carsky and Swanson signing “Without Prejudice” and Legislators Abinanti and Noto out for vote.
A23: Austin Avenue Rental and PILOT Agreement: Proposed legislation regarding
Austin Avenue Rental and PILOT Agreement. (5/21/01)
· This legislation would allow the County to enter into a global settlement of long-standing issues, some of which are currently the subject of on-going litigation.
· The developer is Morris Industrial Builders.
· The five party agreement is between the Westchester IDA, Yonkers IDA, City of Yonkers, the County & Morris Industrial Builders.
· Town of Greenburgh has been involved in negotiations but Town Board has not signed off on it.
· Committee requested a copy of the relevant lease as well as other pertinent financial information (i.e. rent figures and PILOT figures)
· Committee expressed concern that members of the Board’s staff have not been allowed to sit in on Westchester County IDA meetings where pertinent information has been discussed.
· Committee members expressed interest in meeting with the County Attorney’s office with regard to more detail in the litigation matter and will meet on this matter again at a future meeting.
· No action was taken at this time.
A22: Cross County Lease: Proposed Local Law authorizing the County to enter into
a lease agreement with Marx Realty & Improvement Company for lease of space
located at Cross County Shopping Center. (5/21/01)
· Proposed lease would be for space at Cross County Shopping Center. The term of the lease would be 5 years commencing on September 1, 2001 with an option for the County to renew for an additional 5 year term.
· The lease would be for two suites. The first suite is approximately 10,000 square feet (suite 500) and the second suite is approximately 700 square feet (suite 414)
· This is a commercial building. Mercy College was there before. If the Landlord has a problem obtaining the necessary zoning approvals for WCC’s use of suite 414 for a school, the County will have the right to use that space for storage or office space or terminate the lease for that portion of the building with a corresponding reduction in the lease rental.
· Will be amortized over ten years
· Committee requested the cost of rent for the 2nd five years
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· Cost is $22 per foot including electricity
· Committee asked what will happen if it is not ready for September. Answer was that they will move in October. The space will be used for 10 week computer courses.
On motion of Legislator Stewart-Cousins, seconded by Legislator Carsky, the motion to approve this item was carried by a vote of 9-0.
COMMITTEE ON PARKS: Parks Committee Chairman Pinto called the Parks Committee meeting to order at 11:38 a.m.
A15: New Rochelle Property Acquisition: Proposed legislation relating to the
acquisition by the County and the City of New Rochelle, as tenants in common, of property in the City of New Rochelle from John S. Schuerger and Elisabeth Schuerger. (5/21/01) (Also referred to Parks)
· This project has been studied and worked on by various BOL Committees for over a year.
· This legislation would the County to acquire a 99% interest in property consisting of approximately 3 acres of property adjacent to Glenwood Lake for passive recreational purposes. The acquisition of the property is consistent with Patterns.
· No thought of ball fields for this property
· Glenwood Lake Association is supportive of this project.
PARKS COMMITTEE ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Ryan, seconded by Legislator Spreckman, the Parks Committee meeting was adjourned at 11:55 a.m.
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A1: New Rochelle Intermodal Transportation Center: Proposed legislation
authorizing the County to amend its IMA with the City of New Rochelle for the
construction by the City of an Intermodal Transportation Center. (5/21/01)
· City is currently pursuing the design and development of an Intermodal Transportation Center that will include an inter-city bus terminal, dedicated space at the train station for a Bee-Line System bus plaza, and the construction of a parking structure.
· Authority is requested to amend the IMA in order to extend the original 5 year term of the IMA by two years, provide additional NYSDOT matching funds to the City and to clarify the City’s obligations to indemnify and defend the County against claims arising out of the acceptance of these grants and the construction of this project.
On motion of Legislator LaMotte, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 8-0 with Legislator Swanson out for the vote.
ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Kaplowitz, seconded by Legislator LaMotte, the meeting was adjourned at 12:10 p.m.