COMMITTEE ON BUDGET AND APPROPRIATION
MINUTES
MAY 12, 2003
MEMBERS PRESENT
Budget & Appropriations: Wishnie, Abinanti, Alvarado, Bronz, Kaplowitz, LaMotte, Oros, Stewart-Cousins, Swanson
Public Works: Wishnie, Rogowsky, Oros, Bronz
Environment & Health: Kaplowitz, Bronz, Lamotte, Ryan, Rogowsky, Swanson
Housing: Bronz, Stewart-Cousins, Oros
OTHERS PRESENT: CE’s office: B. Randolph, A. Neuman; Budget: K. Carrano, L. Bennett, A. Vietro; DOT: L. Salley, H. Stanton; Parks: J. Robbins; DEF: J. Phelan; Planning: J. Mulligan, P. Natarelli, F. McLoughlin, N. Hadley, N. MacMillan; Labs & Research: L. Fasnacht, S. Abid; Law: C. Indelicato, S. Dolgin-Metz, L. Alesio; Village of Irvington: D. Marra, L. Schopfer, S. McCabe; Mark Weingarten; LWV: B. Strauss; BOL: B. Boland, S. Schecter, R. Indelicato, C. Chang, S. Vanderberg
An Act amending Act No. 93-2003, which authorized the County to sell certain property located in the City of Yonkers to the Yonkers Industrial Development Agency for $220,000. The County Attorney has received a duly enacted resolution from the Mayor of the City of Yonkers declining the opportunity to purchase this property in the proper form, as offered by the County under the condition of Act No. 93-2003.
On the motion of Legislator Kaplowitz, seconded by Legislator Bronz the item carried 7-0.
On the motion of Legislator Kaplowitz, seconded by Legislator LaMotte the minutes for April 28, 2003 were approved 5-0.
An Act requesting authorization to settle a lawsuit for $90,000 dollars. While unloading course materials, Donna Kennedy a teacher at BOCES, was struck by a County van driven by a DPW worker. She has had several orthopedic surgeries, and still undergoes physical therapy.
A previous decision found the County without negligence. Upon appeal, the Appellate Court ruled in favor of the plaintiff. The amount requested is considerably less than the $150-$200,000 typically awarded by a jury in similar cases.
On the motion of Legislator Bronz, seconded by Legislator Oros, the item carried 6-0. Legislators LaMotte, Swanson and Oros voted without prejudice. Legislators Alvarado, Abinanti and Stewart-Cousins were out for the vote.
An Act authorizing the settlement of the lawsuit of Patricia Faul v. Liberty Lines Transit in the amount of $275,000 of which $250,000 dollars is the County’s responsibility. Excess carrier, Genesis Insurance, Co, will pay the remaining $25,000 dollars.
Ms. Faul was rear ended by a Liberty bus while parked at a traffic light on Riverdale Avenue in Yonkers. An MRI taken at the Hudson Valley Medical Center emergency room at the end of the next workday revealed she had suffered 2 herniated disks, which were pressing against her spinal cord. Surgery to correct the injury has resulted in permanent nerve damage and partial disability.
Procedurally, Liberty lines settles all claims and the County replenishes their depleted funds.
There was some skepticism expressed at the apparent lack of County control over settlements regarding Liberty Lines.
On the motion of Legislator Kaplowitz, seconded by Legislator Wishnie the item carried 6-1, with Legislator Swanson voting against, Legislators LaMotte and Oros voting without prejudice and Legislators Abinanti and Alvarado out for the vote.
An Act authorizing the compromise of the Medicaid claim of the County Department of Social Services against the non-institutionalized or community spouse (Bruno DiGiansante) of an institutionalized Medicaid recipient, and settling the County’s lawsuit against Mr. DiGiansante for the recoupment of Medicaid expenditures (WC Supreme Court Index No. 5579/02).
Mr. DiGiansante executed a spousal refusal form, refusing to provide financial support for his institutionalized spouse’s medical needs other than 25% of his income despite his legal obligation and the possession of funds in excess of certain Medicaid limits.
WCDSS has the contractual right to recover Medicaid funds expended on behalf of the institutionalized spouse from the community spouse. As of June 30, 2002 the total amount of the Medicaid claim against Mr. DiGiansante was $200,997.98, WCDSS has requested to compromise the claim, settling instead for $165,640 dollars.
On the motion of Legislator Kaplowitz, seconded by Legislator Stewart-Cousins the item carried 8-0. Legislator Abinanti was out for the vote.
ITEM A30
An Act authorizing the retention of the law firm of Akin, Gump,
Strauss, Hauer & Feld LLP to provide legal representation for the County in connection with the extension/possible renegotiation of the Terminal Capacity agreement at the County Airport. The current agreement expires on 12/31/04. although the County’s Law Department handled the previous renegotiations, it was determined to be in the County’s best interest to retain a law firm with expertise in this area.
Akin, Gump was chosen after an interviewing process by the selection committee. The contract will be funded through the Airport Special Revenue Fund. All Airlines at the Airport and the FAA are parties to the negotiating process.
Additional copies of the Terminal Capacity Agreement wil be provided for review.
On the motion of Legislator Kaplowitz, seconded by Legislator Abinanti, the item carried 9-0, with Legislators Abinanti, LaMotte, Oros and Swanson voting without prejudice.
With a quorum present, the Committee on Public Works was called to order at 9:56 am.
ITEM A22
An Act authorizing the retention of the law firm DelBello, Donnellan et al. to act as outside legal counsel on behalf of the County during its current contract negotiations with Liberty Lines Transit, the present contract expires at years end.
Liberty Lines retained the firm of Indelicato and Fahey to negotiate its 1998 contract with the County. County Attorney Indelicato was a principal at the firm, and consequently feels it inappropriate for herself or her inside staff to represent the County in current contract negotiations.
The Department of Transportation ultimately chose the firm of DelBello, Donnellan et al, specifically Mr. Alan Scheinkman, Esq.
Commissioner Salley said several areas were identified in an effort to improve the existing contract. Such as ownership of any rights the
County doesn’t already have, the opportunity to investigate other transportation system management options at the end of the 5-year contract and the receipt of daily service quality reviews.
After much discussion and several major points of concern were raised, among them the extent of Mr. DelBello’s past relationship with Liberty Lines, no action would be taken until this and the other concerns could be addressed.
With a quorum present the Committee on Environment was called to order at 10:33 am.
ITEM A8
Legislation authorizing the Department of Labs and Research to enter into an agreement with the Health Care Corporation to provide microbiological services for inmates of the County Correctional Facility from January 1, 2002 through December 31, 2004 in an amount not to exceed $50,000 dollars per year.
The Health Care Corporation will be paying on a pretest basis, if more tests are needed the legislation will have to be amended.
For Budget: On the motion of Legislator Abinanti, seconded by Legislator LaMotte the item carried 9-0.
For Environment: On the motion of Legislator Rogowsky, seconded by Legislator Bronz the item carried 5-0.
With no further business to discuss, on the motion of Legislator Rogowsky, seconded by Legislator Bronz the Committee adjourned at 10:48 am.
With a quorum present the Committee on Housing was called to order at 10:39 am.
ITEM C171/A15
An Act and $342,000 dollar Bond Act authorizing the purchase and conveyance of 15,360 square feet of real property in located at 259 South Columbus Avenue in the City of Mount Vernon. The land will be used to develop a 20 unit, senior rental affordable housing apartment building.
The amount bonded for the land purchase is not to exceed $312,000 dollars; the remaining $30,000 is for the customary closing costs. The project is in accordance with the County’s New Home Land Acquisition Fund. The project is not restricted to City residents.
The total development cost is $3.8 million dollars; over $3.1 will be received through a tax credit. The IRS closely monitors all financial requirements. Full statements will be submitted to the county for review after the first year of operations. All mechanisms will be attached to the 40-year deed to ensure project’s affordability status.
Legislator Abinanti requested copies of ownership/rental agreements.
For Budget: On the motion of Legislator Alvarado, seconded by Legislator Abinanti, the item carried 7-1, with Legislator Oros voting against and Legislators Abinanti, LaMotte and Swanson voting without prejudice.
For Housing: On the motion of Legislator Stewart-Cousins, seconded by Legislator Bronz the item carried 2-1, with Legislator Oros voting against.
ITEM C163 (T001P)
A Bond Act for $6,650,000 to finance the purchase of 87 Forty-Foot Buses. This capital project of part of the Bus Acquisition Program a necessary part of Transportation’s on going fleet replacement. The new buses will replace buses, which are reaching the end of their useful lives.
The total project cost is $33,250,000 dollars of which approximately $26,600,000 dollars are expected from the Federal Transit Administration and/or State of New York.
According to the department’s fact sheet submitted for member review, the average useful life of the buses is 12 years. The buses in the County’s fleet have been retrofitted for ultra low sulfur fuel.
After much discussion and several points of concern were raised, it was decided no action would be taken until such time as the Committee on Community Affairs could review the issue.
ITEM C167
A $200,000 Bond Act to finance the acquisition of a replacement bus
wash system at the central maintenance facility. The existing system is over 10 years old and not designed to handle the heavy workload now required. The facility washes over 200 buses a day.
The new Bus Wash will reduce the use of detergents, improve oil/water separation and include an air blower to remove the excess water that accumulates on the buses and collects on the floor before flowing from the facility. This water causes the accelerated corrosion of the concrete flooring and steel garage structure. It will also have an enhanced recirculation capacity, reducing fresh water use by 10-20% and operate at overall reduced energy consumption.
The total project cost is $1 million dollars, $800,000 will be financed with funds from the Federal Transit Administration and/or the State. This funding will complete capital project T0033.
For Budget: On the motion of Legislator Alvarado, seconded by Legislator Stewart-Cousins the item carried 8-0, with Legislators Abinanti, LaMotte and Swanson voting without prejudice.
For Public Works: On the motion of Legislator Rogowsky, seconded by Legislator Oros the item carried 4-0.
Legislator Bronz was out for the vote.
ITEM A5
A Resolution modifying the Saw Mill Sanitary District by removing 2 parcels of property located in Mount Pleasant which are not currently connected to the County Sewer System. It is not expected that sanitary sewers will be constructed for these properties in the foreseeable future.
The removal of these parcels would have resulted in a minimally higher tax rate for the 2002 district tax levy.
For Budget: On the motion of Legislator Swanson, seconded by Legislator Wishnie, the item carried 8-0. Legislator LaMotte was out for the vote.
For Public Works: On the motion of Legislator Rogowsky, seconded by Legislator Wishnie the item carried 5-0.
ITEM A16
A Resolution modifying the Peekskill Sanitary Sewer District by adding 4 parcels of property located in Yorktown, which were never part of the District. The addition of the parcels will not cause significant changes in the District tax rate, and would have resulted in a minimally lower tax rate if in effect for the 2003 District tax levy.
For Budget: On the motion of Legislator Kaplowitz, seconded by Legislator LaMotte the item carried 8-0.
For Public Works: On the motion of Legislator Oros, seconded Legislator Rogowsky the item carried 4-0.
Legislator Bronz was out for the vote.
On the motion of Legislator Rogowsky, seconded by Legislator Oros the Committee on Public Works adjourned at 11:23 am.
ITEM C170/A17
A legislative package requesting authority to acquire certain property in the Village of Irvington from Westwood Development Associates, Inc. which is an essential element in a plan of the County and the Village to preserve approximately 40 acres in the Village as open space.
Part of this package is an Act authorizing the County to acquire 13 acres of the property to be used for passive recreational purposes; the Village is responsible for the acquisition of the remaining 27 acres. The Village has a full Bond Resolution from the residents to cover the full amount.
If given the County’s commitment, the Village has agreed to be responsible for the balance until other funding sources can be identified. In the event the Village is unable to secure other sources, the County’s commitment is null and void. It is believed to be on the County’s best interest to purchase the property outright.
On the motion of Legislator Stewart-Cousins, seconded Wishnie the item carried 5-2, with Legislators Oros and Swanson against and Legislator LaMotte voting without prejudice. Legislator Bronz was out for the vote.
With no further business to discuss, on the motion of Legislator Alvarado, seconded by Legislator Kaplowitz the meeting was adjourned at 11:50 am.