COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES

SEPTEMBER 16, 1996

ATTENDANCE:

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

OTHERS: C.E.’s Office: Gina Angiulo; Budget Dept.: Joe Phelan; Law Dept.: Denise D’Ambrosio, Steven Sledzik; Legislator Carsky; CBAC: George Hosey, Barbara Strauss; DOT: Commissioner Petrocelli; Airport: Joel Russell; Philip Morris: William Gibson, Frank Czerwinski; Personnel: Tony Giambruno, Betty Wallace; DEF: Commissioner Trelewicz, Bob Matarazzo; Advocacy Office: Kathleen Gulotta, Cynthia Wallquist; WWA: Amy Paulin BOL: Robert J. Boland, Glenn Guzi, Tina Seckerson

Co-Chairs Swanson and Wishnie called the meeting to order at 2:00 p.m.

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

(24.) Philip Morris Airport Lease Assignment:

• Union Carbide is the prime tenant of hangar space under a lease agreement scheduled to terminate on May 31, 1998. For business reasons, Union Carbide wishes to terminate the lease and its subtenant, Philip Morris, has proposed to assume the prime tenancy of the hangar.
• The proposed new lease is for an initial term of five years and Philip Morris would have the option to renew the lease for up to three additional five year periods thereafter.
• Identical circumstances as with IBM agreement.

On motion of Legislator LaMotte, seconded by Legislator Darcy, the motion to approve this legislation was carried by a vote of 6-0.

• The Law Department provided a brief overview of the lawsuit which has been ongoing for 4 years. It is scheduled to go to trial just before Halloween.
• The reserves set up for this case are considerably higher than the proposed $500,00 settlement figure (County’s portion).
• Warwick plaintiffs have proposed to Waste Management of Connecticut, Inc. (WMCN) and the County a settlement agreement, whereby WMCN and the County would collectively be responsible for a portion of the clean-up plan and the payment of $950,000 to the Warwick plaintiffs, which plaintiffs value as a multi-million dollar figure (exact figure is confidential and could be discussed only in Executive Session). WMCN has proposed to the County, in settlement of claims between them that the County contribute $500,000 to the settlement agreement between the plaintiffs, the County and WMCN.

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• In return Warwick plaintiffs agree to provide contribution protection to the County from any remaining claims. In return for payment by the County to WMCN, a WMCN will agree to fully defend and indemnify the County from any contribution claims in either action and/or any claims in any future actions relating to the site.
• Mrs. LaMotte questioned if there are any other cases like this nationally. Mr. Sledzik responded that there have been hundreds of cases such as this, but this is the first one Westchester County is involved in.
• Mrs. Carsky inquired as to where the money for the settlement will come from. Mr. Phelan responded that it will come out of the district’s portion of the 6N Fund.

On motion of Legislator Darcy, seconded by Legislator Wishnie, the motion to approve this item was carried by a vote of 6-0.

• Ms. Gulotta informed that Committee that over $1 million in requests had been received, of which only 3 proposals did not receive any funding at all. (A copy of the RFP was provided to the Committee)
• Mr. Wishnie questioned how monies earmarked for the Invest in Kids Program were diverted for anti-bias education programs. He though the funding was going to be used for programs to keep youths off the streets. Ms. Gulotta explained that in reaction to the recent rash of bias related incidents in Westchester, the County Executive had announced in May that he would allocate some of the Invest in Kids funds to youth groups to support anti-bias educational programs. Mr. Wishnie stated that he felt that anti-bias education efforts might be more appropriately funded by school districts.
• Mrs. Swanson asked what assurances the Committee had that the entire $800,000 1996 appropriation would be spent in fiscal year 1996. Ms. Gulotta explained that of the entire $800,000 allocated to the Invest in Kids Program in the 1996 budget, approximately $100,000 will be used for anti-bias programs; $250,000 for municipal youth programs; approximately $350,000 for not-for-profit based youth programs, and the last $100,000 is earmarked to fund certain programs that will extend into calendar year 1997.
• Mr. Wishnie asked if the performance of these programs is monitored, and if so, how. Ms. Gulotta responded that there are stringent reporting requirements in the contract, Cynthia Wallquist performs extensive on-site visits, and past performances are reviewed.
• Mrs. Swanson requested a schedule showing the distribution of the 1995 Invest in Kids funds and a performance review report for each program. Ms. Gulotta will provide.

On motion of Legislator LaMotte, seconded by Legislator Young, the motion to approve this item was carried by a vote of 6-0.

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• The Co-Chairs informed the Committee that this legislation was signed out by the Committee on Community Affairs (joint referral) and asked for a motion to approve it. Mrs. LaMotte made the motion.
• Mr. Delfino questioned the 20 year term of affordability of the subsidized units. The Committee decided to hold this item pending further discussion with the Planning Department. Mrs. LaMotte withdrew her motion.

Co-Chair Wishnie called for a five minute recess at 3:10 p.m.

Co-Chairs Swanson and Wishnie reconvened the meeting at 3:15 p.m.

• Mr. Giambruno explained that the two proposals, for the most part, involved ministerial clarifications with the deletion of old, outdated titles. In certain instances, however, the amendments involved upgrades for existing employees.

• (11.) Mr. Giambruno stated that the Personnel Department performed a study of Commissioners’ secretarial positions and determined that they are functioning as administrative assistants/aides, are all doing more than secretarial work and have a wide variety of responsibilities assigned to them. 5 of the Commissioner’s secretaries are presently at the Grade 10 level while the remaining 13 are at a Grade 9 level. The cost of the upgrades would be $73,000 (exclusive of retro active pay). The $73,000 is in the 1996 budget ($4300 in each affected department’s budget). These secretaries give up all of their civil service security to serve at the pleasure the Commissioners. Mr. Giambruno stated that according to the civil service law the function of the job is what is measured.
• The total cost of this amendment is $185,980 (exclusive of retro except for Personnel Audit Clerks). The Committee requested Personnel estimate what the retro amount will be using October 1st as the date of passage of this legislation.
• Mr. Delfino questioned why the Administration was proposing an upgrade for all commissioners’ secretaries since only 5 are at the Grade 10 level. He suggested that perhaps they should consider reclassifying the few who are presently at Grade 10 back to Grade 9. Mr. Darcy agreed that it should be considered.
• Mrs. Swanson asked what assurances the Committee has that they will not be asked to approve transfers to pay for these upgradings and retro active pay. Mr. Phelan stated that at this time he cannot guarantee that transfers will not be required. He further stated that the affected department heads are aware of the potential impact of this legislation if approved and have made provisions.

• (10.) Personnel performed a 1 1/2 year long study of professional fiscal titles to provide parity among departments to discourage "pirating" of employees and to make title structure reflective of current fiscal trends to keep the County competitive.
• Cost: $225,180 - currently unfunded
• Total of 116 titles resulted in the reduction of fiscal title classifications from 62 to 30.

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The Committee will await the retro active figure estimation before taking any action on these two proposals.

After a brief discussion, on motion of Legislator Swanson, seconded by Legislator Wishnie, the motion to approve this item was carried by a vote of 6-0, with Legislator LaMotte signing "Without Prejudice".

Wednesday: September 18th 8:30 a.m. Tour of Courthouse CANCELED

Monday: September 23rd NO MEETING

Wednesday: September 25th 3:00 p.m. Bond Acts

Cash Flow

Legislator LaMotte had several questions with regard to accuracy in the September 4th Minutes. Mrs. Swanson asked that the Committee review the Minutes and they will be amended, if necessary, and presented for approval at next week’s meeting.

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