MINUTES
CA MEMBERS: Alvarado, Oros, Stewart-Cousins, Young
OTHERS: Budget Dept.: Kate Carrano, Arthur Vietro; CBAC/LWVW: Barbara Strauss; CBAC/WCC: Fran McEachron; C.E.’s Office: Bill Randolph, Jovy Celaj (Intern); DPW: Commissioner Landi, Ralph Butler; Planning: Fran McLaughlin; PRC: Paul Reitano, David DeLucia; Finance: Peter Pucillo; Law: Lori Alesio, Tami Altschiller; DOT: Patty Chemka, Michael Swee; Dept. of Corrections: Pasquale Miscioscia; Public Safety: Donna Ritucci; Youth Bureau: Marlene Furtick; Academy of Finance: Caroline Seaford, Ermirna Torres; County Clerk’s Office: Leonard Spano, Eugene Rogers; BOL: Barbara Dodds, Steve Bass, Sally Schecter, Robert J. Boland, Tina Seckerson
Chairman Wishnie called the Budget Committee meeting to order at 9:20 a.m.
DISCUSSION:
MINUTES:
On motion of Legislator Kaplowitz, seconded by Legislator LaMotte, the motion to approve the Minutes of April 1, 2002 was carried by a vote of 6-0 with Legislators Abinanti and Bronz out for the vote.
AGENDA ITEMS:
A15. WCHCC Guarantee Agreement: Proposed legislation authorizing the executive of a Guarantee Agreement between the County and the Westchester County Health Care Corporation. (3/11/02)
· For the guarantee by the County of bonds or other evidence of indebtedness to be issued by WCHCC for purposes of financing the routine 2002 capital needs of the WCHCC.
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· By Resolution 1-2002, the WCHCC Board of Directors authorized the issuance of up to $15,000,000 of WCHCC bonds or other evidence of indebtedness to finance various capital projects in its 2002 capital budget.
· Transition agreement expires in 2007. There is language under the state law that allows this. This is the third year the County has done this under the agreement.
· No indications of any defaults on the part of WCHCC.
On motion of Legislator LaMotte, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 6-0 with Legislators Abinanti and Bronz out for the vote.
A21. COUNTY ATTORNEY: Compromise of Medicaid Claims: Proposed Act authorizing the county Attorney to compromise the County’s right to recover claims for Medicaid expenses against the Estate of Mary T. Sturgeon and Grace Conte. (3/11/02)
· The total amount of the Medicaid claim against the Estate of Mary T. Sturgeon is $129,991.00 and the Medicaid claim against the Estate of Grace Conte is $8,510.70.
· The Department has requested legislation to compromise both claims as full recovery would constitute an undue hardship upon the beneficiaries.
· The only asset of the Estate of Mary T. Sturgeon is a bank account totaling $6,831.00. This Estate asset has been reduced by legal fees and executor’s commissions to a net distributable asset of $4,489.82. The executor and sole beneficiary of the Estate is an 83 year old man, in poor health, who has recently lost his home to a fire. As recovery of the entire Estate asset would constitute an undue hardship upon the sole beneficiary, authorization is sought to accept the sum of $2,244.00, representing approximately 50% of the net Estate asset, as full payment of the Medicaid claim.
· The only asset of the Estate of Grace Conte is the sum of $32,000.00, representing the settlement proceeds in a medical malpractice suit settled after her death. The Estate asset has been reduced by legal fees and disbursements to a net distributable asset of $18,000.00. The beneficiaries of the Estate are two children, both in their eighties, with no savings, and Social Security as their sole income. As full recovery of the Medicaid claim would constitute an undue hardship upon the beneficiaries, authorization is sought to accept the sum of $4,255.00 as full payment, reducing the Medicaid claim by 50%.
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· Committee suggested that DSS be urged to act on this types of claims as quickly as possible.
On motion of Legislator Kaplowitz, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 6-0 with Legislators Abinanti and Bronz out for the vote.
A22. COUNTY ATTORNEY: Lawsuit Settlement: Proposed Act authorizing the County Attorney to settle the claim of Nicolas Esposito, by his parents and natural guardians, Laura Esposito and Anthony Esposito, Jr., v. County of Westchester in an amount not to exceed $175,000. (3/11/02)
· Claimants filed a notice of claim against the County seeking to recover damages for personal injuries allegedly sustained by their 5 year old son, Nicholas, on June 27, 2001, when he fell off a jungle gym playground at Saxon Woods Park in White Plains.
· Nicholas fell approximately 5 feet from a rope that was hanging and unsecured. As a result of the fall he fractured his left elbow. He underwent surgery and medial pins were inserted to secure the elbow. Subsequently he underwent two additional surgeries.
· He then underwent physical therapy at Sound Shore Hospital for 8 weeks.
· On notice that playground rope was not secured properly.
· Equipment has since been repaired/replaced.
· Playgrounds are being inspected. There are 3 people on staff at PRC. Currently replacing entire playground that don’t meet standards under capital program.
On motion of Legislator Kaplowitz, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 6-0 with Legislators Abinanti and Bronz out for the vote.
Joint Meeting with Committee on Community Affairs:
Chairman Alvarado called the Community Affairs meeting to order at 9:37 a.m.
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A7. Intermodal Transportation Center: Proposed Act authorizing the County to enter into an agreement with the City of New Rochelle for an Intermodal Transportation Center to run concurrently with the obligations of the underlying FTA & NYSDOT Grants, including, without limitation, the continued dedication of the ITC and related real property, facilities and equipment to transit services. (3/11/02) (Also referred to CA)
· The City of New Rochelle is currently pursuing the design and development of an Intermodal Transportation Center (ITC) 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.
· The proposed ITC will aid in the City’s efforts to revitalize New Rochelle’s downtown as well as better serve the passengers who use the Bee-Line System.
· Act 54-1997, authorized the County to enter into an agreement with the City of New Rochelle to provide the City with federal transportation grant funds for an environmental study, and the design and construction of the inter-City bus terminal and the bus plaza to be utilized by the Bee-Line System. Federal funds were originally reserved for the construction of the proposed bus terminal and bus plaza only.
· Act 160-1999, authorized an amendment of the agreement as the City requested that the County act as the “designated recipient” for additional federal transportation funds for the design and construction of a parking structure to be used to provide parking for bus and train passengers using the ITC. WCDOT is currently a designated recipient for the administration of federal funds in accordance with the provisions of the Federal Transit Administration (FTA).
· Act 116-2001, authorized an amendment of the agreement to enable the County to apply for and accept additional grant funding for this project from the FTA and to accept NYSDOT matching funds, which had become available for this project.
· Authority was also requested by Act 116-2001 to amend the agreement in order to incorporate into the agreement any grant requirements of the FTA and NYSDOT 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.
· Term of the agreement is to run concurrently with the obligations of the underlying FTA and NYSDOT grants, including, without limitation, the continued dedication of the ITC and related real property, facilities and equipment to transit services.
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FOR THE BUDGET COMMITTEE:
On motion of Legislator Kaplowitz, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 6-0 with Legislators Abinanti and Bronz out for the vote.
FOR THE COMMUNITY AFFAIRS COMMITTEE:
On motion of Legislator Stewart-Cousins, seconded by Legislator Oros, the motion to approve this item was carried by a vote of 4-0.
ADJOURNMENT – COMMUNITY AFFAIRS:
There being no further items for discussion, on motion of Legislator Young, seconded by Legislator Oros, the Community Affairs Committee meeting was adjourned at 9:43 a.m.
A20. Invest-in-Kids: Proposed Act authorizing the County to enter into IMA’s with various municipalities within the County for the provision of services under the County’s “Invest-in-Kids” Program. (3/1//02)
· Total County Funding $349,323. Agency Match is $188,098. Total Agreement Amount is $537,421.
· In first year agencies had to match 25%, second year 35% match, third year is a 50% match. Third year is the last year of the seed money.
· There are several funding streams.
· Will provide complete list of agencies and programs being funded clarifying matching amounts.
· There are over 51 agencies and 71 programs.
On motion of Legislator Alvarado, seconded by Legislator Oros, the motion to approve this item was carried by a vote of 6-0 with Legislators Abinanti and Bronz out for the vote.
A2. Prisoner Transport: Proposed Act authorizing the County to enter into an IMA with the City of New Rochelle in order to provide reimbursement for prisoner transportation to the Westchester County Jail. (3/11/02)
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· Term of the agreement is January 1, 2002 to December 31, 2003 in an amount not to exceed $306,000.00.
· This IMA will allow the County to reimburse New Rochelle for the costs it incurs in transporting prisoners who have been arraigned from New Rochelle to the Westchester County Jail.
On motion of Legislator Oros, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 6-0 with Legislators Abinanti and Bronz out for the vote.
A6. White Plains IMA: Proposed Act amending Act 176-1999 which authorized the County to enter into an IMA with the City of White Plains for the reconstruction of curbs and sidewalks on Post Road, also known as County Road No. 53, and to accept an easement over the curbs and sidewalks from the City, in order to increase the County contribution toward the work from an amount not to exceed $540,000 to an amount not to exceed $1,106,062. (3/11/02)
· Pursuant to the IMA, the City will design, construct and manage the reconstruction project and the County will contribute a total of $1,106,062 toward the work, to be funded with the proposed bonding authorization.
· In order to permit bonding for curb and sidewalk improvements, the County must at a minimum acquire a temporary easement over the curbs and sidewalks from the City until the bonds are satisfied.
· The City has agreed to grant an easement in conjunction with the IMA.
· Under the terms of the IMA, the City will also have complete responsibility for future maintenance and capital improvements to the curbs and sidewalks, and will indemnify and defend the County against any claims related to the curbs and sidewalks.
· This reconstruction project will also resolve a long-standing dispute between the City and the County over the maintenance responsibility for curbs and will reduce potential claims against the County.
· The project will also facilitate economic development in the City, thereby increasing County sales tax revenue, and improve access to County facilities on the road.
· In addition, the County’s contribution toward the project recognizes the value of the City’s voluntary efforts towards ewer repair. Committee expressed concern with regard to setting a precedent. Commissioner Landi stated that he doesn’t believe it will.
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On motion of Legislator Alvarado, seconded by Legislator Wishnie, the motion to approve this item was carried by a vote of 6-0 with Legislators LaMotte and Oros signing “Without Prejudice” and Legislators Abinanti and Bronz out for the vote.
A10. Cortlandt IMA Amendment: Proposed Act authorizing an amendment to an IMA with the Town of Cortlandt dated March 10, 1999, subject to certain terms and conditions. (3/11/02)
· This is a one year extension until a new contract is negotiated. The term of this IMA is February 1, 2002 through January 31, 2003 and all monetary payments to be made by the Town of Cortlandt to the County shall increase by 4%.
· Committee requested the cost of the program for last year, including DARE as well as a report of the activities out of that post.
On motion of Legislator Oros, seconded by Legislator Wishnie, the motion to approve this item was carried by a vote of 6-0 with Legislators Abinanti and Bronz out for the vote.
BOND ACTS:
C22. SOS01: Ossining WWTP Performance Maintenance - $1,500,000
· Required to finance the construction of Phase II of the performance maintenance at the Ossining Wastewater Treatment Plant.
· Work will include replacement, rehabilitation, reconstruction and upgrade of influent bar screen, primary sludge pumps, effluent water pumps, scum pumps, primary tank weirs, automatic generator starter and load transfer equipment, water pit and backflow preventer, lighting, HVAC and safety equipment and ancillary construction.
· There was a discussion regarding the plant’s capacity. Committee requested a report from Planning.
· There was a discussion as to who makes the decision and how they make the decision that the plant will no longer be worth repairing. The Commissioner stated that the plant is running efficiently as long as it continues to do so they will make repairs.
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On motion of Legislator Wishnie, seconded by Legislator Alvarado, the motion to approve this item was carried by a vote of 7-0 with Legislator Bronz out for the vote.
C53. RBM01: Blue Mountain Sportsman Center - $4,750,000 (3/11/02)
· Required to finance lead remediation work required by a Consent Order with the EPA as well as range and support facility improvements at Blue Mountain
· Project includes improvements to the pistol range and shooting stations, the large bore range, as well as the trap and skeet range. Drainage, parking and related site work are also included.
· County is planning an indoor range. Will provide info for Committee.
· Committee requested fee schedule. Will be provided.
· Would be about $14 million to close the range.
· Committee requested range modification plan.
· Committee will make a site visit.
· Committee requested a list of comparable prices to other ranges
· No action taken at this time.
C57. RMAC2: V.E. Macy Park Ball Field Improvements - $80,000 (3/11/02)
· Required to finance design of new ballfields and lighting at V.E. Macy Park.
· Ballfields are in a valley and are constantly flooded.
· Concern re: bonding amount, should be at least $100,000. According to the Budget Director, this is being bonded because the cash-to-capital was reduced. There are minimal increased costs associated with borrowing $80,000. It was asked if there is an inefficiency in a small bond rather than a large bond. The response was that there is not because the County goes to market once a year and packages all the bonds together.
· It was asked if any of this work can be done in-house. The reply was that it can be, with added staff.
· Staff was previously added in DPW to do engineering work.
· Working closely with Army Corps of Engineers to reduce flooding in Ardsley.
· Low levels of lead, covering soil with fill, have DEC permits.
· If they start in the fall this year, it will be ready in spring of 2004.
· In design on Croton fields, looking to go out to bid sometime this year.
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On motion of Legislator Abinanti, seconded by Legislator Alvarado, the motion to approve this item was carried by a vote of 6-2 with Legislators LaMotte and Oros being recorded in the negative.
C65. RB086: Post Road Sidewalk Construction, White Plains - $566,062 (3/11/02)
· Required to finance the reconstruction of sidewalks along Post Road, also known as County Road #53, in the City of White Plains between Chester Avenue and Sterling Avenue.
· Improvements include granite curbs and concrete sidewalks with a brick trim strip.
· This phase of the project will run from Davis Avenue to Sterling Avenue.
· As part of a proposed IMA (discussed earlier, see item A6), the City will design, construct and manage the project.
· In addition, under the terms of the IMA, the City will, among other things, assume complete responsibility for future maintenance and capital improvements tot he curbs and sidewalks, and will indemnify and defend the County against any claims related to the curbs and sidewalks.
· In order to permit bonding for curb and sidewalk improvements, the City has agreed to grant the County a temporary easement over the curbs and sidewalks until the bonds are satisfied.
On motion of Legislator Alvarado, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 8-0.
C66. RB2DD: Bronx River Parkway over the Bronx River at Crane Road, Greenburgh $720,000 (3/11/02)
· Required to finance removal and repair of the existing asphalt wearing surface, road joint system, concrete Jersey-type median barrier, existing box beam guide railing to permit temporary lane crossovers, partial depth repairs to the concrete deck, waterproofing of the bridge deck and removal and repair of loose debris on the underside of the bridge located on Crane Road on the Bronx River Parkway, over the Bronx River in the Town of Greenburgh.
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On motion of Legislator Abinanti, seconded by Legislator Alvarado, the motion to approve this item was carried by a vote of 8-0.
A&C CALENDAR:
· There was a discussion with regard to the following item, which was laid over from last week: County Clerk (7). Request authority to enter into an agreement with the State of New York whereby the State will provide up to $100,000 in funding for expenses incurred for the Citizen Outreach Office from 4/1/01-3/31/02.
· Committee asked how the van was paid for. Mr. Rogers stated that a $90,000 NYS membership initiative paid for van.
· Committee expressed concern that the funds were secured for one reason and being used for another.
· Committee asked who pays for the insurance on van, who will maintain the van, and who will pay for the employees? Have been doing this for 8 years, using a county van. This is a replacement vehicle for the one they used before. Will bring in other personnel. If membership item doesn’t continue will have to revert back to what we are doing today.
· Renew pistol permits – have to come to White Plains. Picture could be done and application taken in mobile office but final thumb print and printing of card have to be done in White Plains.
Committee reviewed the current week’s A&C agenda and all questions and requests for information were referred to Bob Boland.
ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Alvarado, seconded by Legislator Oros, the meeting was adjourned at 11:05 a.m.