MINUTES
HOUSING MEMBERS: Bronz, Kaplowitz, Spreckman
OTHERS: C.E.’s Office: Bill Randolph, David Burton; Budget Dept.: Robert Kopenhaver; DPW: Barbara Peters-DeMeo, Kevin Roseman; Human Resources: Ed Brancati; Law Dept.: Lori Alesio, Linda Trentacoste; Planning Dept.: Bill Brady; DoIT: Robert Gallagher, Kay Foster, Dick Levy; Kensico Terr LLC: William Brown, Jr.; BOL: Sally Schecter; Barbara Dodds, Chris Chang, Robert Boland, Tina Seckerson
Chairman Wishnie called the Budget Committee meeting to order at 10:05 a.m.
Chair Bronz called the Housing Committee meeting to order at 10:05 a.m.
MINUTES: On motion of Legislator Kaplowitz, seconded by Legislator Carsky, the motion to approve the Minutes of October 1, 2001 was carried by a vote of 7-0.
13.* South Kensico Property Purchase: Proposed legislation authorizing the County to purchase and subsequently convey approximately 18,500 Square feet of real property comprised of a single-family residence with commercial property located at 24 South Kensico Avenue in the City of White Plains for the purpose of providing affordable housing. (10/01/01) (Also referred to Housing)
· The White Plains Common Council held a public hearing on this matter on October 1st and will meet again on October 25th. The project has the unanimous support of council. Commissioner Salley stated that the Council is hesitant about writing a letter before final action is taken.
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· The Committee expressed concern voting for a project before it has received municipal approval. Former White Plains Councilman Will Brown, a member of the development team for this project, will try to get letter of intent from Common Council before Monday night’s Board of Legislators meeting.
· Mr. Boland informed the Committee that he had spoken with George Gretsas in the White Plains Mayor’s office and confirmed that white Plains is supporting this
· Commissioner Salley stated that the project has to close this month as the owner will not extend the option any further.
· Zoning changes are being made to include this affordable housing project.
· There was a discussion with regard to policy of approving projects without prior municipal approval. This discussion will continue at another time.
FOR THE BUDGET COMMITTEE:
On motion of Legislator Young, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 7-0 with Legislators LaMotte, Young, Carsky, Noto and Swanson signing “Without Prejudice”.
FOR THE HOUSING COMMITTEE:
On motion of Legislator Kaplowitz, seconded by Legislator Bronz, the motion to approve this item was carried by a vote of 2-0
HOUSING COMMITTEE ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Kaplowitz, seconded by Legislator Bronz, the Housing Committee meeting was adjourned at 10:25 a.m.
14.* Hillpoint Property: Proposed Act authorizing the amendment of an IMA between the County and the Town of Cortlandt regarding the Hillpoint property. (10/01/01)
· Act 55-2000, inter alia authorized the county to enter into an IMA with the Town of Cortlandt pursuant to which the parties agreed to the terms of the joint acquisition of the property and the Town’s operation and maintenance of it, and the Town’s acceptance of responsibility for Old Albany Post Road.
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· The IMA also included provisions wherein the Town agreed to develop 17 units of affordable housing by September 1, 2002 according to the following schedule:
Ø At least 68 of the units developed by November 15, 2001
Ø The remainder of the units (68) developed by September 1, 2002
· A liquidated damage clause was inserted into the IMA providing that the Town would be required to return $500,000 of the $1,000,000 that the County contributed toward the purchase price of the property should the Town fail to meet either of the aforementioned affordable housing goals.
· While it appears that the Town will be unable to have the appropriate number of units constructed in time to meet the deadlines, the County recognizes that the Town has and continues to make good faith efforts to encourage the development of affordable housing within its borders and therefore is willing to amend the agreement to delete the first deadline and extend the final deadline.
· The County also recognizes that liquated damages are not the most effective means to ensure that the deadlines for affordable housing are met as they will impose a burden on the taxpayers of the Town without achieving the goal of building more affordable housing and that specific performance of the IMA’s affordable housing terms is a more effective remedy.
· This act would authorize an amendment to the IMA in order to change the aforementioned schedule for the construction of 137 units of affordable housing to reflect that there be no interim deadline and that all such units must be constructed by September 1, 2004.
· In addition, the liquidated damage clause will be deleted from the IMA and a provision granting the County the right to specific performance will be inserted.
· Legislator Bronz, Chair of the Housing Committee, stated that she had made a formal request for a proposed plan of implementation that has not yet been addressed and reiterated that request.
· There was concern among Committee members that this could be perceived as removing the obligation of northern communities for affordable housing.
· It was stated that there are various units in the stages of development and that this would take the Town beyond its requirement.
· Committee would like to see a statement from the Town that it is a practical plan that can be realized.
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On motion of Legislator Swanson, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 7-0 with Legislators Carsky and Young signing “Without Prejudice”.
7.* Protection of County officials and employees called to active duty: Proposed Act to provide for certain salary and benefits protection for employees called up to active military duty. (10/01/01) (Also referred to COD)
· It was explained that this legislation replicates what county did during the Gulf War when employees were called to active duty. It does not cover volunteers.
· The County will pay difference between military pay and county pay and will continue benefit coverage for those employees.
· The State law covers 22 working days or 30 days, whichever is longer. This will allow the County to continue the payments for 6 months after that.
· Budget impact: Commissioner Pucillo stated that right now they are aware of 2 employees while two years ago there were 200 (70 were nurses with WMC)
· Legislator Kaplowitz requested that Section 6 be revised to include language that specifies that this would take effect immediately after the provision of NY state military law.
On motion of Legislator Kaplowitz, seconded by Legislator LaMotte, the motion to approve this item, as amended, was carried by a vote of 7-0.
12.* COUNTY ATTORNEY: Settlement of Lawsuit: Proposed Act authorizing the County Attorney to settle the lawsuit of Bernice Tucker v. Westchester County Department of Correction, et al. (10/01/01)
· Bernice Tucker is employed as a correction officer with the county. She commenced an action alleging that Westchester County promulgated and maintained a policy at the jail which discriminated against female correction officers.
· She specifically alleges that the Department of Correction has a policy which requires one female correction officer to strip search one female inmate at a time while two or more male correction officers strip search one male inmate at a time.
· Ms. Tucker further alleges that she was assaulted on November 16, 1998 when a female inmate who was left unattended attacked her while she was completing the strip search process on another inmate.
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· As a result Ms. Tucker sustained physical injuries requiring surgery as well as serious psychological injuries, including a post traumatic stress disorder. She is totally disabled.
· The only remaining defendant is the County of Westchester.
· Ms. Tucker’s attorney is Michael Sussman.
· The State policy mandates one officer be present for a strip search.
· Currently, injunction requiring two female officers be present during strip search.
· County wants to vacate the injunction and have no further appeals
· The Department of Correction is looking into other avenues so this will not occur again. Assistance is always available for correction officers conducting strip searches.
· Committee requested someone from corrections department come in to explain (to the Committee on Public Safety), the policy and discuss whether correction officers are being put in danger, as well as an alternate plan.
· The Department will continue as is (with two officers) until they find a plan in which they are comfortable. Committee requested the Committee Report be amended to reflect this.
On motion of Legislator Kaplowitz, seconded by Legislator Carsky, the motion to approve this item, as amended, was carried by a vote of 7-0 with Legislators Kaplowitz, LaMotte, Young, Carsky, Noto and Swanson signing “Without Prejudice”.
4.* Traffic Enforcement Programs IMA’s: Proposed Act authorizing the County to enter into IMA’s with municipal corporations located within the County for the purpose of implementing traffic enforcement programs for a five year term. (10/01/01)
· DPW administers a program entitled Selective enforcement for Traffic Safety that is funded by a grant from the NYS Governor’s Traffic Safety Committee in the amount of $131,000.
· Funds in the amount of $126,000 will be disbursed to the local municipalities for the purpose of implementing traffic enforcement programs and $5,000 will be retained by the County to offset administrative costs.
· The program will give local police departments an opportunity to increase public awareness and enforcement of traffic laws.
· All municipalities are offered the program
· This program has been ongoing for a decade.
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· There was concern by the Committee that there were no IMA’s attached. Committee requested a sample IMA by Monday.
· Trust Acct
· Addition of “drowsy driving” to committee report
On motion of Legislator Kaplowitz, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 7-0.
C) BOND ACTS:
1.* BIT05: Proposed Bond Act authorizing the issuance of up to $550,000 in bonds to cover the costs of acquisition of wireless communications equipment for a pilot/feasibility test involving the County bus system and the construction of a radio tower in the Town of Yorktown on County-owned property. (10/01/01)
· The County has plans to create County-wide wireless, mobile voice and date communications networks.
· These networks would be available to County departments which provide emergency services and to other county departments which require mobile communications.
· The Bond Act would authorize the issuance of bonds to finance the cost of the acquisition of wireless communications equipment for the County bus system, at the estimated cost of $100,000 and the construction of a radio tower at 3800 Crompond Road in the Town of Yorktown at the estimated maximum cost $450,000.
· It was explained that everyone involved has been on board from the beginning. Intense discussion with homeowners have been held.
· The tower will be 150 feet.
· Legislator Kaplowitz invited the Committee to attend a site visit on Monday, October 29th at 1:00 p.m.
On motion of Legislator Kaplowitz, seconded by Legislator Carsky, the motion to approve this item was carried by a vote of 7-0.
A&C CALENDAR:
The October 11th A&C Calendar was distributed.
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ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Swanson, seconded by Legislator LaMotte, the meeting was adjourned at 11:35 a.m.