MINUTES
ENV MEMBERS: Kaplowitz, LaMotte
OTHERS: C.E.’s Office: Bill Randolph, Ingrid Bent; Budget Dept.: Kate Carrano, Dianne Vanadia, Leslie Bennett; Law Dept.: Alan Scheinkman; PRC: David DeLucia; DOT: Commissioner Salley, Harry Stanton, Airport: Christopher Burkart, Peter Scherrer; CBAC: George Hosey, Barbara Strauss; BOL: Barbara Dodds, Peter Neglia, Tara Bernard, Sally Schecter, Robert J. Boland, Tina Seckerson
Chairman Wishnie called the Budget Committee meeting to order at 10:16 a.m.
DISCUSSION:
MINUTES:
On motion of Legislator Kaplowitz, seconded by Legislator Young, the motion to approve the Minutes of April 3, 2000 was carried by a vote of 7-0 (Legislator Abinanti out for vote).
A14. Acceptance of Grant Funds: Proposed Act authorizing the acceptance of grant funds from the FAA and NYSDOT in connection with Perimeter Emergency Aircraft Rescue Fire Fighting Vehicle Access Road at the County Airport. (3/27/00) (Also referred to PSCJ)
· This project will provide funding for the design and construction of the last phase of the project.
· This road would prevent crossing of runways and enable crash fire fighting equipment to reach all areas of the Airport.
· This project is recommended in the Master Plan Update and is needed as a safety measure.
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On motion of Legislator Kaplowitz, seconded by Legislator Young, the motion to approve this item was approved by a vote of 7-0 (Legislator Abinanti out for vote).
A22. Real Property Donation: A legislative package relating to the donation, by Mrs. Henriette Suhr, of real property located in the Town of New Castle to the County of Westchester for use as parkland. (3/27/00)
· The property consists of 12.96 acres containing gardens and naturally vegetated woodland along steep slopes bordering a stream.
· On February 17, 2000, the Board of A&C authorized the County to enter into an agreement amongst Mrs. Suhr, The Garden Conservancy and the County, whereby Mrs. Suhr will, upon her demise, donate the property to the County for use as parkland.
· At the point the property is conveyed to the County will also come a $500,000 endowment for the maintenance of the property.
· Legislator Carsky asked that someone do the pro forma on this. She would like to see the numbers for maintaining and operating this property as well as who will be in charge of the endowment.
· County will assign a horticulturist to oversee the care of the property. Mrs. Suhr currently has 2 people to care for the property.
· Legislator LaMotte stated that she has many of the same concerns as Legislator Carsky. She referenced the maintenance that will need to be done on the Patterson property.
· Committee requested Mr. Randolph set up a site visit.
· No action taken on this item at this time.
ENVIRONMENT COMMITTEE:
Chairman Kaplowitz called the Environment Committee meeting to order at 10:32 a.m.
A13. Acceptance of Grant Funds: Proposed Act authorizing the acceptance of grant funds from the FAA and NYSDOT in connection with Parallel Taxiway and Taxiway System Improvements at the Westchester County Airport. (3/27/00) (Also referred to ENV)
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· This project will provide for design and construction of Phase IV.
· This phase of the program would complete the project and increase the safety of the airport.
· Total estimated cost of Phase IV is $5,500,000. Of this cost, the FAA and NYSDOT will contribute grant amounts up to $4,950,000 and $275,000 respectively. In the event of a cost increase, the FAA and NYSDOT grant amounts would increase up to a maximum of 15% above the original grant offer. The County has provided an additional $275,000 in airport funds to finance the costs of the project not covered by the grants.
· Mr. Kaplowitz asked if this project adds any growth capacity to the Airport. Mr. Stanton responded that it doesn’t add any new flights, it really is a safety issue.
· There will be some environmental remediation of contaminated soil. Mrs. LaMotte referenced a letter from the DEC with regard to contaminated sites. Mr. Stanton pointed out the sites on the map.
· Mr. Kaplowitz asked if there was any potential to save money by consolidating the design of this project with the following two. The response was that the projects are being done simultaneously and therefore will not be able to be put together.
FOR THE BUDGET COMMITTEE:
On motion of Legislator LaMotte, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 7-0 (Legislator Abinanti out for vote)
FOR THE ENVIRONMENT COMMITTEE:
On motion of Legislator LaMotte, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 2-0.
A18. Rehabilitation of Airport Taxiways: Proposed legislation providing for the funding for the study and design of the taxiway rehabilitation program at the Westchester County Airport. (3/27/00) (Also referred to ENV)
· This legislation will provide for the study and design of the taxiway rehabilitation program at the Airport.
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· This project is to be funded using $50,000 in Airport revenues and $450,000 in federal money. The grant for the federal money has not yet been received. Expect to get grant money in 2001. They want to get the design underway now so that when they get that they can go to construction. They need to get Board approval to move the funding from federal funds to Airport funds although they don’t expect to spend them. They are backfilling the federal funding with the ability to bond. This has not been done at the Airport before.
· Mrs. LaMotte asked how sure they are of receiving the federal money. Mr. Stanton replied that the new federal aviation bill has been passed and signed into law so federal funding will be coming. He further stated that we have an entitlement coming next year (should be worth over $2 million).
· Mrs. Swanson questioned the cost of the design. They expect the design costs to be about 15% in this case as they are anticipating heavy up-front costs.
· Scope of project is replacement in-kind.
FOR THE BUDGET COMMITTEE:
On motion of Legislator LaMotte, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 7-0 (Legislator Abinanti out for vote).
FOR THE ENVIRONMENT COMMITTEE:
On motion of Legislator LaMotte, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 2-0.
A24. Capital Budget Acts: To amend the 2000 Capital Budget; authorizing the acceptance of grant funds; and a related bond act all in connection with the Westchester County Airport Project entitled: A0072 – Runway Overrun Safety Area Improvement. (3/27/00) (Also referred to ENV)
· Project A0072 provides for the reinforcement of turf in the FAA specified safety and overrun areas of the runways at the Airport. Turf will be reinforced by adding fabric material to the soil.
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· This process allows the turf to retain its normal properties (i.e. grass, normal drainage) while improving its ability to accommodate aircraft and emergency vehicles. The process will assist aircraft in sustaining an excursion off the runway and the ability of the emergency vehicles to respond.
· The total estimated cost of the project is $5,300,000 of which the FAA and NYSDOT will contribute grant funds up to $4,7700,000 and $265,000 respectively. In the event of a cost increase, the FAA and NYSDOT grant amounts would increase up to a maximum of 15% above the original grant offer.
· The bonding would finance the County’s share of the design phase of the project.
· The bonding legislation authorizes the County to contribute $55,000 toward the total estimated design cost of $530,000. The balance of $475,000 will be obtained through grants. Due to timing issues related to the acceptance of grant monies it is necessary to proceed with bonding legislation for the design funds at this time. Once the design is complete, bonding legislation for the construction phase will be submitted.
· Mr. Kaplowitz asked what the fabric is and if it is allowed in the watershed. Commissioner Salley stated that is why they will have to do the environmental study as part of this.
· They will come back with the results of the study.
FOR THE BUDGET COMMITTEE:
On motion of Legislator Kaplowitz, seconded by Legislator Young, the motion to approve this item was carried by a vote of 7-0 with Legislators LaMotte, Swanson and Young signing “Without Prejudice” (Legislator Abinanti out for vote).
FOR THE ENVIRONMENT COMMITTEE:
On motion of Legislator Kaplowitz, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 2-0 with Legislator LaMotte signing “Without Prejudice”.
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B11. Hon. George Oros: Singer Property: Forwarding a resolution passed by the Town of Cortlandt accepting the County’s offer to convey the Singer Property within the Town. (2/28/00)
On motion of Legislator Young, seconded by Legislator Stewart-Cousins, the motion to Receive and File this item was carried by a vote of 7-0. (Legislator Abinanti out for vote)
B19. COUNTY ATTORNEY: Lawsuit Settlement: Proposed Act authorizing the County Attorney to settle the lawsuit of Ruby A. Clark et al v. ISS International Service Systems, et al. (3/27/00)
· In 1997 a family of four was driving on the Central Westchester Parkway – a vehicle crossed over the parkway and collided with them. As a result the family suffered horrific injuries.
· A lawsuit was brought against a wide variety of people.
· The claim against the County by the Plaintiff was dismissed by the Court of statute of limitations grounds. However, the Court did not dismiss the third party case by the employer against the County. The Company, ISS, retained an expert who would have testified at trial that the road was not in compliance with State highway transportation guidelines and NYS DOT guidelines. The County had an expert witness who would have testified that the road was designed at the time it was built in accordance with then applicable standards and that there was no notice to the County of any reason why this caused a dangerous condition.
· Mr. Scheinkman informed the Committee that normally most personal injury cases are tried by having the Court and the jury hear just the issue of liability without hearing the issue of damages so that when the jury is deciding the issue of liability they don’t necessarily know what the damages are. In this instance the Court, prior to the start of the trial, for reasons that don’t involve the County but put us in an uncomfortable position, allowed a unified trial, allowing evidence of both liability and damages at the same time. The concern that they had is that while they always thought this was a tragic accident with horrific injuries the County Really had little responsibility. The difficulty was that even if the jury found that we were only 10% at fault a $50 million verdict could have been possible. They were able to negotiate a settlement at $125,000.
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· The overall case settled for $19.25 million with the bulk of the money coming from the employer who is contributing $18.47 million. Of all the people involved in the lawsuit, there is no one who is not contributing something and the County is contributing the least of anyone.
· Legislator Carsky stressed her concern with regard to implications of future liability. She stated that we have a great many County roads that were built around 1930 to that same standard. There are lots of miles of County roads that don’t have center medians. We are fixing this one up to current standards, it is less than 1 mile costing $600,000 and her concern is about the implications from a precedential standpoint of settling this as opposed to all the other roads in the County that don’t meet the guidelines. Does this set us up in the future for having to install medians in every road in the County. Mr. Scheinkman responded that each settlement stands on its own and doesn’t create any precedent. There is a requirement that there has to be prior written notice.
· Legislator LaMotte inquired as to a policy with regard to speed limits on roads with no medians to try to prevent these types of horrific accidents. Mr. Scheinkman stated that DPW is looking at reducing the speed limits and perhaps the Committee should meet with DPW on this matter.
On motion of Legislator Young, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 6-0 (Legislators Abinanti and Carsky out for the vote).
ENVIRONMENT COMMITTEE ADJOURNMENT:
There being no further items for discussion, on motion of Legislator LaMotte, seconded by Legislator Kaplowitz, the meeting was adjourned at 11:30 a.m.
B7. COUNTY ATTORNEY: Outside Counsel: proposed Act authorizing the County to employ the firm of Hayt, Hayt and Landau to provide legal collection services to the County in an “of counsel” capacity to the County Attorney in connection with delinquent student accounts and Perkins’ Loans at Westchester Community College. (3/27/00)
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· WCC has used outside law firms specializing in collection services since 1991. At that time the College began experiencing a significant increase in the number of delinquent student accounts that seemed to coincide with a simultaneous increase in enrollment as well as an increase in the number of students with financial aid. The correlation between the delinquent student accounts and financial aid resulted from the students’ non-compliance with federal attendance requirements.
· The increased volume of delinquent student accounts, coupled with a corresponding backlog of accounts and the urgency of the timeliness of the collection effort for the 150+ delinquent students each semester motivated the County Attorney’s Office in conjunction with the College to pursue collection efforts through an outside service.
· The use of outside law firms is compelled by federal regulations incident to the Perkins (NDSL) Loan Program. Federal regulations mandate that the College use two separate collection firms to satisfy the due diligence requirements for defaulted Perkins loans.
· The College’s contract with Tolmack & Kargman expired and that firm itself dissolved. The County Attorney’s Office spent considerable time working with the College to determine if collection services could be effectively handled by the County Attorney’s Office rather than rely on outside counsel. They have learned that outside firms must be utilized in connection with the Perkins loan accounts and, if the delinquent student loan accounts are not included in the contract with outside counsel, outside counsel will not be inclined to bid for the Perkins work alone.
· The College issued an RFP and as a result of that process seeks to retain the services of Hayt, Hayt & Landau, a law firm which specializes in collection services.
· The contract will have to go before A&C.
On motion of Legislator Kaplowitz, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 6-0 (Legislators Abinanti and Swanson out for vote).
B18. COUNTY ATTORNEY: IMA for Lawsuit Defense: Proposed Act authorizing the County to enter into an IMA with the Town/Village of Harrison to provide defense to the Town/Village in connection with the lawsuit entitled: Anthony Futia, Jr. et al v. North Castle Town Board, et al.
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· This is an IMA with the Village of Harrison in order to provide defense to the Town/Village in connection with the lawsuit entitled Anthony Futia, Jr. et al v. North Castle Town Board, et al.
· In 1999 Harrison requested that the County provide for its defense, as the lawsuit challenged the underlying agreement executed by and between the County and the NYSDEC. The Board acted favorably on the request and that lawsuit was dismissed.
· Mr. Futia has recently brought another lawsuit on the same grounds and same issues. Again Harrison has asked if the County could undertake the defense for them.
On motion of Legislator LaMotte, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 6-0 with Legislator Carsky signing “Without Prejudice” (Legislators Abinanti and Swanson out for vote).
COMMITTEE BLUEPRINT:
The Committee reviewed the Committee Blueprint for the 2000-2001 term.
On motion of Legislator Kaplowitz, seconded by Legislator Carsky, the motion to approve the Committee Blueprint was carried by a vote of 6-0 (Legislators Abinanti and Swanson out for vote).
A&C CALENDAR:
The Committee reviewed the A&C Calendar for April 13, 2000.
ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Carsky, seconded by Legislator LaMotte, the meeting was adjourned at 11:50 a.m.