Westchester County
New York

Resolution
RES-2018-194
Public Hearing Held
Dec 3, 2018 10:30 AM

PH-Amend IMA-Memorial Field-Mount Vernon

Information

Department:County ExecutiveSponsors:County Executive
Category:Public Hearing

Body

A Public Hearing on "A Local Law authorizing the County of Westchester to amend an intermunicipal agreement with the City of Mount Vernon in order to transfer to the County responsibility for the design and construction of the improvements to the property known as Memorial Field comprised of approximately 12 acres and located on Sandford Boulevard." [Public Hearing set for December 3, 2018 at 11 a.m.; Local Law Intro 2018-11344.]

Meeting History

Oct 29, 2018 7:00 PM Video Board of Legislators Regular Meeting

On motion of Ms. Parker the above item was received, filed and referred to the Committees on Budget & Appropriations and Parks, Planning & Economic Development.

RESULT:REFERRED TO COMMITTEE
Nov 5, 2018 9:30 AM Video Budget & Appropriations Committee Meeting

Joint with PPED.

LAW: Chief Deputy County Attorney Stacey Dolgin-Kmetz, Mondaire Jones, Assistant County Attorney

PRC: Deputy Commissioner Peter Tartaglia, Dave DeLucia and Ken Uhle

DPW: 1st Deputy Commissioner Nicoletti

The Committee meet jointly with the Committee on Parks, Planning and Economic Development to discuss the amendments to the Inter Municipal Agreement (IMA) for Memorial Field. Assistant County Attorney, Mondaire Jones and Chief Deputy County Attorney Stacey Dolgin-Kmetz joined Deputy Commissioner Peter Tartaglia and David DeLucia from the Department of Parks and Recreation and Commissioner Hugh Greechan from the Department of Public Works to discuss ID # 11343/11344- Act to amend the IMA with the City of Mount Vernon in order to transfer to the County responsibility for the design and construction of the improvements to the property known as Memorial Field comprised of 12 acres and located on Sandford Boulevard. Mr. Jones explained that the groups are meeting next week with the consultants to discuss the current status of the project. He explained that the original plan should still be able to be implemented pending the remediation . They are still waiting for a report from the Department of Environmental Conservation (DEC). He discussed that they received a report from Cornorstone and the results were good and the cleanup should be fairly quick. Legislator Tubiolo discussed that Legislator Lyndon Williams requested to make an addition to the committee report. The additional paragraph should read:

“The following clarification is made to Paragraph 4 of the First Amendment to the IMA: Paragraph 4 amends Section 2.2 of the IMA to require the City to refund any funds advanced by the County to the City that were not expended pursuant to the approved plans for Memorial Field. The City must make such refund no later than six (6) months from the commencement of public bidding by the County for the Project. Paragraph 4 provides that this six-month period may be modified by the County and the Mayor of the City, in writing, if the City needs additional time to make any refund due to the County. This means that the Mayor may make a written request to the County to modify the six-month period proposing a reasonable time when the City will make such refund to the County. Any refunds made by the City to the County shall be used for improvements to Memorial Field as the funds were intended under the IMA.”

Chairwoman Borgia gave a brief background of the issues surrounding Memorial Field and explained that this is legislation to give the authorization back to the County to take over the project. Legislator Kaplowitz explained that the Board of Legislators has already authorized bonding of the project and that no additional funding should be needed unless they are requesting a Capital Budget Amendment (CBA). He did explain that this project was bonded several years ago and the project has not moved forward. Legislator Kaplowitz explained that the cost of construction increases yearly and by the time the project is complete the original amount bonded may not be enough to cover the project. He explained the longer this project is stalled the more it will cost the County. They also discussed that this past July, the Board of Legislators authorized the County Attorney to bring up legal action against the City of Mount Vernon if they do not comply with the requests.

The Committee went on to discuss the recent monies secured by the State for the project from Assemblymen Pretlow's office. Assemblymen Pretlow has secured $5,000,000 to the County to use to help complete the project. Mr. Pretlow is requesting that the County control the funds. Discussion was held regarding adding in language to the committee report but was not decided at this time. The item is pending until the committees can get further question asked. No action was taken.

RESULT:PENDING
Nov 5, 2018 10:00 AM  Parks, Planning & Economic Development Committee Meeting

Joint with B&A.

LAW: Chief Deputy County Attorney Stacey Dolgin-Kmetz, Mondiare Jones, Assistant County Attorney

PRC: Deputy Commissioner Peter Tartaglia, Dave DeLucia and Ken Uhle

DPW: First Deputy Commissioner Nicoletti

The Committee met jointly with B&A to discuss the amendments to the intermunicipal Agreement (IMA) for Memorial Field. Assistant County Attorney, Mondaire Jones and Chief Deputy County Attorney Stacey Dolgin-Kmetz joined Deputy Commissioner Peter Tartaglia and David DeLucia from the Department of Parks and Recreation and Commissioner Hugh Greechan from the Department of Public Works to discuss ID#11343/11344 - Act to amend the IMA with the City of Mount Vernon in order to transfer to the County responsibility for the design and construction of the improvements to the property known as Memorial Field comprised of 12 acres and located on Sandford Blvd. Mr. Jones explained that the groups are meeting next week with the consultants to discuss the current status of the project. He explained that the original plan should still be able to be implemented pending the remediation. They are still waiting for a report from the Department of Environmental Conservation (DEC).He discussed that they received a report from Cornerstone and the results were good and the cleanup should be fairly quick. Legislator Tubiolo discussed that Legislator Lyndon Williams requested to make an addition to the committee report. The additional paragraph should read:

"The following clarification is made to Paragraph 4 of the First Amendment to the IMA: Paragraph 4 amends Section 2.2 of the IMA to require the City to refund any funds advanced by the County to the City that were not expended pursuant to the approved plans for Memorial Field. The City must make such refund no later than six months from the commencement of public bidding by the County for the Project. Paragraph 4 provides that this six-month period may be modified by the County and the Mayor of the City, in writing, if the City needs additional time to make any refund due to the County. This means that the Mayor may make a written request to the County to modify the six-month period proposing a reasonable time when the City will make such refund to the County. Any refunds made by the City to the County shall be used for improvements to Memorial Field as the funds were intended under the IMA."

Legislator Borgia gave a brief background of the issues surrounding Memorial Field and explained that this is legislation to give the authorization back to the County to take over the project. Legislator Kaplowitz explained that the Board of Legislators has already authorized bonding of the project and that no additional funding should be needed unless they are requesting a Capital Budget Amendment (CBA). He did explain that this project was bonded several years ago and the project has not moved forward. Legislator Kaplowitz explained that the cost of construction increases yearly and by the time the project is complete the original amount bonded may not be enough to cover the project. He explained the longer this project is stalled the more it will cost the County. They also discussed that this past July, the Board of Legislators authorized the County Attorney to bring up legal action against the City of Mount Vernon if they do not comply with the requests.

The committee went on to discuss the recent monies secured by the State for the project from Assemblyman Pretlow's office. Assemblyman Pretlow is requesting that the County control the funds. Discussion was held regarding adding in language to the committee report but was not decided a this time. The item pending until the committees can get further question asked. No action was taken.

RESULT:PENDING
Nov 16, 2018 8:31 AM  Budget & Appropriations Committee Meeting

Joint with PPED @ 9:00 AM.

Guests: County Attorney John Nonna, Chief Deputy County Attorney Stacey Dolgin-Kmetz and Assistant County Attorney Mondaire Jones, Commissioner O'Connor and Deputy Commissioner Tartaglia from the Department of Parks, Recreation and Conservation

With a motion by Legislator Maher and seconded by Legislator Barr the item was approved with a vote of 5-0.

RESULT:SIGNED BY COMMITTEE
Nov 16, 2018 8:32 AM  Parks, Planning & Economic Development Committee Meeting

Joint with B&A @ 9 AM.

Guests: County Attorney John Nonna, Chief Deputy County Attorney Stacey Dolgin-Kmetz and Assistant County Attorney Mondaire Jones, Commissioner O'Connor and Deputy Commissioner Tartaglia from the Department of Parks, Recreation and Conservation

With a motion by Legislator Maher and seconded by Legislator Parker the item was approved with a vote of 4-0.

RESULT:SIGNED BY COMMITTEE
Nov 19, 2018 7:00 PM Video Board of Legislators Regular Meeting

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS AND PARKS, PLANNING & ECONOMIC DEVELOPMENT.

Ms. Borgia and Mr. Kaplowitz presented the Resolution and moved its adoption, which motion was carried by the following vote.

RESULT:ADOPTED [UNANIMOUS]
AYES:Catherine Parker, John G. Testa, Nancy Barr, Catherine Borgia, Gordon A. Burrows, Terry A. Clements, Kitley Covill, Margaret A Cunzio, Christopher Johnson, Michael Kaplowitz, Damon Maher, Virginia Perez, MaryJane Shimsky, David J. Tubiolo, Alfreda Williams, Lyndon Williams, Benjamin Boykin
Dec 3, 2018 10:30 AM Video Board of Legislators Regular Meeting

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS AND PARKS. PLANNING & ECONOMIC DEVELOPMENT.

No person wishing to be heard, Ms. Parker declared the public hearing closed and resumed the regular order of business.

RESULT:PUBLIC HEARING HELD