COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES

FEBRUARY 5, 1996

ATTENDANCE:

B & A MEMBERS: Swanson, Wishnie, LaMotte, Darcy, Young, Delfino,

Abinanti, Oros

OTHERS: C.E.’s Office: Neil DeLuca, Jamie Hastings, Gina Angiulo; Personnel Dept: Anthony Giambruno; Gannett: David McKay Wilson; Budget Dept: Joe Phelan, Tom Coleman; LWV: Esther Shay; CBAC: George Hosey; Patrick Harrington; Legislators: Carsky, Stewart-Cousins; BOL: Pat Gorski, Don Sandford, Robert Boland, Tina Seckerson

Co-Chairs Swanson and Wishnie opened the meeting at 3:10 p.m.

Discussion: (There is a cassette tape on file for more detailed information)

Due to an error on the part of Gannett Newspapers the public hearing notice on this item previously approved by the Committee did not get published in time to hold the public hearing as scheduled. Therefore, another approval to set the public hearing had to be signed out by the Committee

On motion of Legislator Delfino, seconded by Legislator LaMotte the motion to approve the Resolution setting the Public Hearing was approved by a vote of 6-0. (Legislators Abinanti and Oros out for vote)

Co-Chairs Swanson and Wishnie informed the Committee that due to the time frame on this lease (proposed to commence on April 1, 1996) they would like to sign out the Resolution to set the public hearing. A Budget Committee meeting will be scheduled for the end of this week with representatives of the Administration as well as WCMC to discuss this item further.

On motion of Legislator LaMotte, seconded by Legislator Darcy, the motion to approve the Resolution setting the public hearing on the Site Lease was approved by a vote of 6-0. (Legislators Abinanti and Oros out for vote)

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On motion of Legislator LaMotte, seconded by Legislator Darcy, the motion to approve the Resolution setting the public hearing on the Lease was approved by a vote of 6-0. (Legislators Abinanti and Oros out for vote)

• Mr. Giambruno stated that this legislation dovetails the CSEA and Teamsters package and would equalize salaries for the 240+ county managers, not represented by any collective bargaining unit, who did not receive increases for 1994-1995. The increase would be 3.5% for 1994; 4% for 1995 and 0% for 1996. The Grade levels covered in this legislation range from Grade 10 to Grade 23.
• The elected officials and the fixed term managers are covered by the Local Law. All other non-represented managers are covered by the Act.
• Mr. DeLuca explained that the C.E.’s salary is based on a Grade 23, Step 5. In 1990 the BOL froze the C.E.’s salary along with other elected officials but granted raises to managers. His current salary is $119,085. If this legislation is adopted the C.E.’s salary would have to brought up from its "frozen" status to the current level of a Grade 23, Step 5 (thus accounting for the 19.5% increase which would bring his salary to $142,335). Mr. DeLuca reported that the C.E. has stated that he would be happy to have his salary flat-rated at $119,085 and accept the same increase as the other unions were granted. The BOL has to decide if they want to flat rate the C.E.’s salary or leave it as is based on a Grade 23, Step 5. If the BOL decides to flat rate the salary it would mean a Charter change and would require assistance from the County attorney’s office to make the amendment. If the C.E.’s salary is flat rated at $119,085 and the pay increase legislation approved, the C.E.’s salary would go up as follows: 1994: 3.5% increase = $123,253; 1995: 4% increase = $128,183; 1996: 0% increase = $128,183.
• Mr. Giambruno explained that the same options exist for the County Clerk’s salary as the C.E.’s salary. He stated that the County Clerk’s salary was also frozen as of 1990. When questioned by the Committee as to the raise approved for the County Clerk in December of 1993, effective January of 1994, Mr. Giambruno stated that it was not a raise, but rather a reallocation of the position. The County Clerk’s salary is based on a Grade 20. When questioned as to retroactive pay the County Clerk has already received Mr. Giambruno stated that the retro was based on the reallocation of the position from a Grade 19 to a Grade 20.
• If flat rated, the County Clerk’s salary would go from $99,015 to $102,481 for 1994; to $106,580 for 1995 and 1996. If not flat rated and continued to be based on a Grade 20 the salary would rise to $118,345.
• When asked about retroactivity payments Messrs. Giambruno and Phelan assured the Committee that previous retro payments would be subtracted from payments due stating that you can’t pay someone twice.

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• The D.A.’s salary is based on a Grade 20, Step 5. There is a state law that states that the D.A. shall be paid the same salary as the Supreme Court Justices. The option of flat-rating the D.A.’s salary is available to the BOL. Due to the state law the D.A. will receive the salary of the Supreme Court Justices or the salary set by the BOL; whichever is higher.
• Mr. Darcy questioned whether any of the D.A.’s administrative staff receives a salary higher than the D.A. Mr. DeLuca stated that it was the case at one time but is no longer.
• Co-Chair Wishnie requested a list of comparable positions (elected officials) in comparable counties to assist the BOL in making a decision as to whether or not to flat-rate the salaries. Mr. DeLuca will provide such a list.
• Mr. Delfino asked if the elected officials can be separated from the other managers in the legislation. Messrs. Giambruno and DeLuca stated that they could.
• Mr. Abinanti stressed his concern that neither the committee report or the legislation indicate all of the positions affected. The Committee requested an itemization of the positions affected by this legislation (titles and how many). The Administration will provide.
• Mr. Darcy asked for the total budget impact of the legislation. Mr. Phelan informed the committee that it will not affect just one budget but several including WCMC, RTI, WCC, the districts and the general fund. The total impact will be $2.4 million which Mr. Phelan stated has all been accounted for. $1.4 million for 1995 will be reserved when the books are closed and $600,000 for 1994 has already been reserved.
• When asked by Mr. Oros how the Local Law with regard to the elected officials covers retroactivity, Mr. Giambruno stated that it is covered in Section 2: Implementation.
• Mr. Wishnie stated that there should be separate legislation to cover the elected officials so the committee can study further the option to flat-rate salaries and so as not to hold up the increases for other managers. Mr. DeLuca will check with the County Executive.
• Mr. Abinanti stressed his concern with regard to Section 8 of the legislation stating that it is a blanket statement giving authority to the Administration to take the money from anywhere they want to. He stated that he would like to see where the money will be taken from; each transfer separately. Mr. DeLuca stated that government would come to a standstill if each transfer had to be shown separately.

Meeting set for Friday, February 9th at 8:30 a.m.

1. Court Ordered Certiorari Refunds: On motion of Legislator Darcy, seconded by Legislator Swanson, the motion to Receive and File this item was carried by a vote of 7-0. (Legislator Oros out for vote)

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2. 1995 Annual Dog Licensing Report: Mr. Boland reported that there is a deficit for the 2nd year running and he would like to find out why. He will report back to the committee.

4 & 5. Gifts to sponsor the Airport’s opening: On motion of Legislator Delfino, seconded by Legislator LaMotte, the motion to Receive and File these two items was carried by a vote of 7-0. (Legislator Oros out for vote)

6. Charter Amendment: County Fiscal Year: Gina Angiulo will circulate the memo to the Budget and Finance Commissioners for their comments. The Co-Chairs will send a memo to the County Attorney inquiring as to the final date the BOL would have to have a Charter amendment in final form and passed to get it on for a referendum.

8. Gift re: opening of Airport: On motion of Legislator Swanson, seconded by Legislator Delfino, the motion to Receive and File this item was carried by a vote of 7-0. (Legislator Oros out for vote)

9. Gift from Mr. & Mrs. John Fareri to be used by WCMC in its Pediatric ICU and Step-down Units: Mr. Abinanti stressed his concern that acceptance of this gift might be construed as having some bearing upon the Pep’e Fareri lease agreement. Messrs. Wishnie and Delfino stated that the gift was a gesture by the Fareri’s due to the time their daughter spent in these units at WCMC. On motion of Legislator Swanson, seconded by Legislator Delfino, the motion to Receive and File this item was carried by a vote of 7-0. (Legislator Oros out for vote)

10. Gift re: Dept. of Health: Teen Linkage Programs’ Photography Group: On motion of Legislator Delfino, seconded by Legislator LaMotte, the motion to Receive and File this item was carried by a vote of 7-0. (Legislator Oros out for vote)

11. Acts re: Tax Distribution Tables: Co-Chairs will write a memo to the Director of the Tax Commission to see if there are any pending objections with the County from the municipalities over the tax spread or equalization rates. On motion of Legislator Darcy, seconded by Legislator Delfino, the motion to approve this item was carried by a vote of 7-0. (Legislator Oros out for vote)

12. DEF/DPW Merger: Committee will await recommendation from Public works Committee

13. 30 year lease with IBM for space at Airport: Committee will meet with DOT on this issue

14. Hudson Hills: Gina Angiulo informed the Committee that she will be distributing info to the BOL on this issue shortly

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15. Tax Commissioner’s Report: On motion of Legislator Delfino, seconded by Legislator Darcy, the motion to Receive and File this item was carried by a vote of 7-0. (Legislator Oros out for vote)

18 & 19. Letter & report of the Citizens Budget Advisory Committee (CBAC):

The Committee would like to reinstitute the CBAC and will send letters to previous members inquiring as to their interest in serving again. The Co-Chairs will send a memo asking Legislators for additional recommendations as they will consider adding to the membership of the CBAC. Committee will meet with the CBAC on Monday, February 26th.

On motion of Legislator Swanson, seconded by Legislator Young, the motion to Receive and File the letter and report was carried by a vote of 7-0. (Legislator Oros out for vote)

20. Memo re: Source Tax: On motion of Legislator Swanson, seconded by Legislator Delfino, the motion to Receive, File and refer this item to the Committee on Legislation was carried by a vote of 7-0. (Legislator Oros out for vote)

Minutes: On motion of Legislator Young, seconded by Legislator Abinanti, the motion to approve the minutes of January 29, 1996 was carried by a vote of 7-0. (Legislator Oros out for vote)

There being no further items for discussion, on motion of Legislator Delfino, seconded by Legislator Young, the meeting was adjourned at 4:50 p.m.