COMMITTEE ON BUDGET & APPROPRIATIONS
MINUTES
SEPTEMBER 23, 2002
B&A MEMBERS PRESENT: Wishnie, Bronz, LaMotte, Kaplowitz, Oros, Stewart-Cousins, Swanson
OTHER LEGISLATORS: Pinto
OTHERS: Budget: K. Carrano, A. Vietro, C. Burkart; Public Works: R. Butler; Transportation: L. Salley; Planning: F. McLaughlin, J. Mulligan; County Executive’s Office: A. Newman, B. Randolph, S. Carrera, L. Schwartz; Law: L. Alesio; Historic Hudson Valley: D. Parsons; Lyndhurst/National Trust: S. Pandich; CBAC: B. Strauss, F. McEachron; BOL: B. Boland, S. Vanderberg
With a quorum present the Committee on Budget & Appropriations was called to order at 9:23 a.m.
Authorizing the County Attorney to settle a matter entitled Donna Jackson, mother of Teresa Jackson v. County of Westchester, in an amount not to exceed $275,000. The suit was initiated when the 7-year-old was injured when allowed to exit the “Plume” ride at Playland unassisted. She required 40 stitches, developed an infection and permanent disfigurement. Ms. Alesio said jury decisions in similar cases where prior notice has been given, have awarded settlements ranging from $225,000 to $500,000 dollars. She added Playland has since added additional ride operators to prevent this type of occurrence in the future.
On the motion of Legislator Kaplowitz, seconded by Legislator Bronz, the item was moved, 7-0.
Legislator Wishnie explained the County seeks to recover monies spent on employee health care when injury results in a lawsuit with a third party and a settlement is reached. Ms. Alesio said the County Attorney is requesting authorization to waive one-third of its lien, (standard practice), in order to recover $6,213 of the $9,272.24 dollars it has spent in health care expenses for the employee, an HVAC mechanic for the Department of Public Works. The total settlement amount is $50,000 the plaintiffs council will receive $21,000 dollars, the plaintiff, $22,000.
On the motion of Legislator Kaplowitz, seconded by Legislator Swanson, the item was carried, 7-0.
In response to the concerns raised at the last meeting regarding this item, Commissioner Salley noted his submission of the breakdown of Skyport’s planned improvements to the facility, as well as the existing and new leases, (the new lease also contains the improvements). He said there would be an insert requesting alternative energy options and conservation measures be explored during renovations. Analysis of the corporate suite has revealed only 2 of the 86 aircraft at the airport are “Stage 2” and not “Stage 3” compliant. This is due to a provision in the law allowing for aircraft less than 75,000 pounds to remain at “Stage 2”. This arrangement will make room for 2 additional “Stage 2” aircraft.
On the motion of, Legislator Stewart-Cousins, seconded by Legislator Bronz, the item was carried for all purposes, 7-0.
Commissioner Butler gave the following explanation of the additional information requested by members:
The approval of the requested bond act will bring the total amount to the originally appropriated $9 million. Commissioner Carrano explained there is still $1 million dollars which is encumbered but not yet expended. Legislator Kaplowitz suggested a budget amendment to formally reduce the bond amount from $1 mill to 850,000. In response to Legislator Kaplowitz’s question a s to the apparent duplication of construction administration costs, Commissioner Butler explained the amount originally bonded in Act 11501 had to be supplemented due to the high bids received in May 2001. Among the reasons for these was the NYS DEC permit and environmental monitor costs during the construction phase. The operating budget includes staff, supplies, estimated revenues based on fees, retirement system, employee benefits and debt service through 2004. Expenses for 2002 include the salary for the golf course manager and the Turko contract. Once completed, a fee schedule will be submitted for committee review. Liability insurance has been absorbed under miscellaneous items.
Legislator Bronz relayed Legislator Rogowsky’s approval of the project after his meeting with the Commissioners last Friday. Several legislators strongly voiced their skepticism with the entire issue.
On the motion of Legislator Kaplowitz, seconded by Legislator Stewart-Cousins the item was carried 4-3, with Legislators LaMotte, Swanson and Oros in opposition.
Legislator Wishnie respectfully requested Mr. Schwartz arrange a meeting for the Committee with those in charge of the County Courthouse renovation as well as an itemized audit of expenditures to date and through completion. Mr. Schwartz said he made it abundantly clear the County would not pay any more than the 140 million dollars originally bonded for renovations. He also agreed to go over the Hudson Hills Golf course budget with any Committee member.
Jerry Mulligan said the Unification Church property consisted of a 37-acre parcel as well as a 25-acre adjoining parcel; it was acquired about 1 year ago. The property is surrounded by Sunny Side, which is operated by Historic Hudson and Lyndhurst, which is operated by National Trust. The Croton aqueduct also runs through the property. A management agreement was established with National trust upon its purchase. This $200,000 bond act, (previously agreed to by the County) will cover the preparation cost of a master plan for a driveway, National trust will cover all other expenses. Mr. Mulligan said they have taken the initiative to secure $658,000 in State grants so far and hope to raise money for additional improvements. Some of which include a River Walk for which they will bear full operational and managerial responsibility. 4.5 million dollars was the cost for the property to the County. paid
On the motion of Legislator Bronz, seconded by Legislator Oros the item was carried, 7-0.
This item, was up for vote at the evening’s BOL meeting. Mr. Wishine felt it was important to note the Entergy Corporation was obligated to pay either taxes or a pilot. They also have the right to challenge the municipal assessment every year. Pilots guarantee the school districts a constant cash flow and can offset the cost of court expenses. Mr. Oros said there is a need to address ORPS interpretation of the municipal segmentation law. He stressed the importance and necessity that the entire issue be carefully reviewed before December.
It was decided no action would be taken at this time.
Members reviewed the September 26, 2002 A&C Calendar.
On the motion of Legislator Kaplowitz, seconded by Legislator Swanson, meeting was adjourned at 10:45 a.m.