Others In Attendance: BOL: MaryJane Shimsky, Lyndon Wiliams, Kitley Covill LAW: John Nonna, Stacey Dolgin-Kmetz, Jane Hogan Felix, Irma Cosgrove, Sean Carey, David Vutera, Lynne Colavita, Tami Altschiller PLANNING: Norma Drummond Guests: Daniel Seymour, Mark Soja, Matt Judge

On motion of Legislator Cunzio, seconded by Legislator Maher the minutes were approved 8-0.

On motion of Legislator Cunzio, seconded by Legislator Maher the minutes were approved 8-0.

Meeting jointly with the Committees on Law & Major Contracts and Labor & Housing.

Guests: 

LAW: County Attorney John Nonna, Tami Altschiller, Lynn Colavita, Fred Sullivan and Jane Hogan Felix

PLANNING: Commissioner Drummond & Mark Soja, President, Marathon Development Group

AN ACT authorizing the County Attorney to settle the lawsuit of Ann Forshey v. Liberty Lines et al., in the amount of $2,500,000 inclusive of attorney's fees.

Joint with LMC.

County Attorney John Nonna and Jane Hogan-Felix from the Law Department came before the committee to discuss item # 11142- ACT- Lawsuit Settlement Ann Forshey v. Liberty Lines, et. el.  This matter is pending in Westchester County Supreme Court and has been tentatively settled pending Board approval.  This case involves a pedestrian, (Ann Forshey) knockdown at the intersection of Woodlawn Avenue and McLean Avenue in the City of Yonkers on August 21, 2015 at approximately 6:30 AM.   The intersection is a "T" intersection controlled by a traffic light.  The driver approached the intersection intending to make a left turn, at the same time the plaintiff was  at the northeast coroner of the intersection and proceeded to walk when the walk signal appeared.  She believes she was just passed the middle of the intersection when she felt the impact,  She was struck on her right-side by the passenger side of the bus.  She was taken to Jacobi Hospital and remained until September 9, 2015.  She was discharged to Burke Rehabilitation centerand was homebound for   2 months and then  received out patient therapy until May 2017.  She had injuries to the left side of her head a partial lung collapse, fractured ribs, a fractured sacrum section of her lower spine which required two rods and screws, a vertebral fracture, fracture of the pubis bone and fracture of the left clavicle shaft.  She also was diagnosed with a left rotator cuff tear and needed surgery.  The County want to settle this matter for $2,500,000 inclusive of attorney's fees.   The Act was revised to include a breakdown of payments.  The addition "The County will pay the $250,000.00 out of the self insured retention fund, RLI will pay $750,000.00 and the remaining $1,500,000.00 will be paid by AIG.  "With a motion by Legislator Maher and seconded by Legislator Parker the item was approved with a vote of 8-0.

An ACT authorizing the County attorney to settle the lawsuit of Zakera Yasmin v. Liberty Lines et al., in the amount of ONE HUNDRED EIGHTY THOUSAND DOLLARS ($180,000) inclusive of attorney's fees.

Joint with LMC.

County Attorney John Nonna and Jane Hogan-Felix from the Law Department came before the committee to discuss item # 11177- Act- Lawsuit Settlement- Yasmin v. Liberty Lines, et. al.  This matter is pending in Bronx Supreme Court in trial readiness part, and has been tentatively settled pending Board approval.  This matter involves the plaintiff (Zakera Yasmin) who stepped out from behind a bus pillar into the oncoming path of the bus on August 25, 2012 at 11:50 am.  The diver was heading south on Jerome Avenue in the Bronx.  The bus struck her and knocked her to the ground.  She suffered a nasal fracture, traumatic brain injury, meniscus tear and left shoulder rotary cuff tear.  She also suffered from bulging herniated discs and radiating pain in her lumbar spine.  She received physical therapy for 3 years.  It was discussed that  the contributory negligence of the plaintiff and the testimony factored into the settlement.  The full amount asked to settle was $575,000.  The County is looking to settle this matter for $180,000.00 including attorney's fees.  With a motion by Legislator A. Williams and seconded by Legislator Parker the item was approved with a vote of 8-0.

AN ACT to authorize the County of Westchester to enter into an agreement with Westchester Airport Associates L.P. which would settle pending claims related to the operation of parking facilities at Westchester County Airport.

Joint with LMC.

County Attorney Nonna and David Vutera from the Law Department came before the committee to discuss # 11239- ACT- claim settlement between the County and Westchester Airport Associates L.P. (WAA).  This Act would authorize an agreement between the County and WAA related to operations at the Westchester County Airport.  The Agreement is for full payment of the amount owed by WAA over a two year period. The County entered into a lease agreement with WAA on October 19, 1993.  The terms of that agreement included leasing of the property located at the Airport in connection with WAA's construction and operation of a parking garage.

County Attorney Nonna discussed that this case came up early last year under the pervious Administration.  It was inherited by the current Administration. Disputes have arisen over payment of Percentage Rent owed by WAA under the Ground Lease totaling $775,000.  WAA alleged that operation of the off-site parking and transportation of airline passengers by SUNY Purchase is in violation of the terms of the Ground Lease and have caused WAA damages. They are claiming that the County has an obligation to charge for access fees under the current lease agreement.  Mr. Nonna said the County only has an obligation to charge for commercial vehicles.  Mr. Nonna explained that this policy is under review by the administration to consider charging commercial vehicles only and access fee.  WAA also claimed that the proposed construction of an off-site parking garage at 11 King Street in the Town of North Castle is in violation of the lease and the County is obligated to deny plans as it would directly compete with WAA.  WAA withheld a Percentage Rent owed to the County for over a year.  The County sent two letters of default an began negotiations earlier this year. A settlement agreement has been reached with WAA's counsel.  The County is seeking payment owed pursuant to the terms of the agreement, WAA will pay the over the overdue Percentage Rent; September 15, 2018, $200,000; January 15, 2018, $200,000; September 15, 2019, $200,000; September 15, 2020, $200,000.  Within one year of execution of proposed Agreement, the County will undertake reasonable steps to institute access fees for commercial vehicles transporting passengers to and from the airport terminal building.  Under this agreement the County will review its rights and responsibility in connection with the Proposed Garage in the Town of North Castle.  It was discussed that 5 years ago there was a settlement reached with WAA for non payment.  That settlement involved a similar complaint made by WAA in regard to violation of the lease agreement and operation of a cell phone lot.  Legislator Williams and Legislator Borgia asked the County attorney to work on a plan to be set in place so WAA doesn't continue the pattern of this behavior.   With a motion by Legislator Parker and seconded by Legislator Cunzio the item was approved with a vote of 8-0.

Due to the fact that some of these cases (ID # 11142, 11177, 11239) are still pending settlements in Court, it was recommended by the Law department that certain questions be answered in Executive Session.  With a motion by Legislator Cunzio and a seconded by Legislator Maher, the Committee entered into Executive Session at 12:05 PM.  With a motion by Legislator Cunzio and a seconded by Legislator Barr, the Committee came out of Executive Session at 12:50 PM.  

A Public Hearing on "A LOCAL LAW amending Section 104.11 (5)(f) of the Laws of Westchester County to provide the County of Westchester with authority to enter into a Ground and Facility Lease Agreement and Declaration of Easements with Mayfair Housing LLC, and Mayfair Housing Development Fund Co, Inc., for approximately 7.7220 acres of County-owned property located off Knollwood Road in the Town of Greenburgh neighboring the WCC campus and for various easements on County-owned property in order to facilitate Mayfair's development, rehabilitation and operation of an affordable housing project consisting of approximately 74 residential units exclusively for low and moderate income senior citizens aged 62 or older, for a term of 65 years which exceeds the 30 year limitation of lease terms that is contained in Section 104.11(5)(f)."  [Public Hearing set for October 1, 2018 at 7:30 p.m. Local Law Intro No. 11106 - 2018.]

Joint with LMC & LH.

Commissioner Drummond from the Planning Department joined Tami Altschiller and Lynn Colavita from the County's Law Department to discuss items# 11104, 11106 - Mayfair - Amend County Law for Long Term Lease and  11107, 11108, 11109- Mayfair Ground & Facility Lease Agreement.  Ms. Altschiller began by explaining that this is a legislative package including a local law authorizing the County to enter into a Ground and Facility Lease Agreement and a Declaration of Easement with Mayfair Housing LLC. and Mayfair Housing Development Fund Company, Inc. to lease approximately 7.7220 acres of County property located off Knollwood Road in the Town of Greenburgh.  The agreement is also for various easements on County owned property in order to facilitate Mayfair's development, rehabilitation and operation of an affordable housing project.  The project will consist of 74 residential rental units exclusively for low and moderate- income seniors aged 62 or older.  

The Termination of the Ground and Facility Leas agreement with the Town of Greenburgh would surrender its current lease with the County for the original leased 6 acre portion of the property.

The Cancellation of Declaration of Restriction with the Town of Greenburgh and West HELP was necessary once the original lease was terminated.  Ms. Altschiller explained that it was just a "cleaner" way of writing the agreement by including the document.  Commissioner Drummond explained that the change in the parking lot and a change in the storm water requirements triggered the Cancellation of Declaration.  

The Local Law was amended in order to provide the County the authority to lease the property to Mayfair for a term of 65 years which exceeds the 30 year limitation of lease terms for the County. 

Discussion was held with the members and the Developer, Mark Soja, Marathon Development Group, regarding mold remediation.  Mr. Soja explained that all the sheetrock will be removed and any mold issues would be dealt with.  Discussion about the Pedestrian access and sidewalks was held, and it was concluded that additional conversation needed to be held between the shareholder and the County.  There was discussion on taxes and what exactly the Town pays.  Mr. Soja was asked about a time line for construction.  He said he believes he has enough funding for the project and it should be completed with 18 months to 1 year.  Chairwoman Borgia and the other Legislator commented on how thankful they all where that this project is moving forward. With a motion by Legislator A. Williams and seconded by Legislator Cunzio the item was approved with a vote of 8-0.

"A LOCAL LAW amending Section 104.11 (5)(f) of the Laws of Westchester County to provide the County of Westchester with authority to enter into a Ground and Facility Lease Agreement and Declaration of Easements with Mayfair Housing LLC, and Mayfair Housing Development Fund Co., Inc. for approximately 7.7220 acres of County-owned property located off Knollwood Road in the Town of Greenburgh neighboring the WCC campus and for various easements on County-owned property in order to facilitate Mayfair's development, rehabilitation and operation of an affordable housing project consisting of approximately 74 residential rental units exclusively for low and moderate-income senior citizens aged 62 and older, for a term of 65 years which exceeds the 30 year limitation of lease terms that is contained in Section 104.11(5)(f)."

Joint with LMC & LH.

Please refer to item # 4.

With a motion by Legislator A. Williams and seconded by Legislator Cunzio the item was approved with a vote of 8-0.

A Public Hearing on "A LOCAL LAW authorizing the County of Westchester to enter into: (I) a Ground and Facility Lease Agreement and Declaration of Easements with Mayfair Housing LLC, and Mayfair Housing Development Fund Co., Inc. to lease approximately 7.7220 acres of County-owned property located off Knollwood Road in the Town of Greenburgh neighboring the WCC campus and for various easements on County-owned property in order to facilitate the development, rehabilitation and operation of an affordable housing project consisting of approximately 74 residential rental units exclusively for low and moderate-income senior citizens aged 62 and older; (ii) a Termination of Ground and Facility Lease Agreement with the Town of Greenburgh; and (iii) a Cancellation of Declaration of Restrictions with the Town of Greenburgh and West-H.E.L.P., a NY not-for-profit corporation." [Public Hearing set for October 1, 2018 at 7:30 p.m.  Local Law Intro.11108 -2018].

Joint with LMC & LH.

Please refer to item # 4.

With a motion by Legislator A. Williams and seconded by Legislator Cunzio the item was approved with a vote of 8-0.

A RESOLUTION determining that there will be no significant adverse impact on the environment from the proposed Mayfair Housing development, rehabilitation and operation on the premises of an affordable housing project consisting of approximately 74 residential rental units exclusively for low and moderate-income senior citizens aged 62 or older in the Town of Greenburgh.

Joint with LMC & LH.

Please refer to item # 4.

With a motion by Legislator A. Williams and seconded by Legislator Cunzio the item was approved with a vote of 8-0.

"A LOCAL LAW authorizing the County of Westchester to enter into: (i) a Ground and Facility Lease Agreement and Declaration of Easements with Mayfair Housing LLC, and Mayfair Housing Development Fund Co., Inc. to lease approximately 7.7220 acres of County-owned property located off Knollwood Road in the Town of Greenburgh neighboring the WCC campus and for various easements on County-owned property in order to facilitate the development, rehabilitation and operation of an affordable housing project consisting of approximately 74 residential rental units exclusively for low and moderate-income senior citizens aged 62 and older; (ii) a Termination of Ground and Facility Lease Agreement with the Town of Greenburgh; and (iii) a Cancellation of Declaration of Restrictions with the Town of Greenburgh and West-H.E.L.P., a NY not-for-profit corporation."

Joint with LMC & LH.

Please refer to item # 4.

With a motion by Legislator A. Williams and seconded by Legislator Cunzio the item was approved with a vote of 8-0.

A RESOLUTION authorizing the intra-departmental transfer of appropriations for the Board of Legislators in the amount of SEVENTY FIVE THOUSAND ($75,000) DOLLARS for the purpose of replacing the Board's audio and video recording equipment.

Budget only.

Chief of Staff Dennis Power, Communications Director Jason Chervokas and Director of Fiscal Affairs Greg Casciato from the Board of Legislators came before the committee to discuss the request for a $75,000 Budget intra-departmental Budget Transfer to cover the cost of upgrade of the audio and video recording equipment for the Board of Legislators.  They discussed that the current system has well past its useful life and that in order to record and stream out committee meetings, Board Meetings and events without issue, the system needed to be replaced.  Chief of Staff Powers went over the cost of all the items.  This item is an internal transfer and just needed approval from the Budget & Appropriations Committee.  With a motion by Legislator Cunzio and seconded by Legislator Maher the item was approved with a vote of 8-0.

Unfinished Business and any other agenda items to come before the Committee.

Moved by Legislator Cunzio seconded by Legislator A. Williams the Committee adjourned at {MinutesClosed:h:mm tt}.