COMMITTEE ON BUDGET AUGUST 9, 1995

COMMITTEE ON BUDGET AND APPROPRIATIONS

COMMITTEE ON PUBLIC SAFETY AND CRIMINAL JUSTICE

MINUTES

SEPTEMBER 25, 1996

ATTENDANCE:

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

PSCJ MEMBERS: Darcy, Wishnie, Stewart-Cousins

OTHERS: C.E.’s Office: Gina Angiulo; Budget Dept: Joe Phelan, Dianne Kearney, Leslie Bennett, Brian Fitzpatrick, Robert Kopenhaver; Law Dept: Denise D’Ambrosio, Terry O’Rourke; CBAC: George Hosey, Barbara Strauss; LWV: Ann Nelson; Dept of Correction: Comm. Stancari, Luke Smith; PRC: Deputy Comm. Stout, Dave DeLucia; DPW: Comm. Landi, Ralph Butler; Capital Projects: Dave Laemle; BOL: Robert J. Boland, Glenn Guzi, Tina Seckerson

Budget Co-Chair Wishnie and Public Safety Chairman Darcy called the meeting to order at 3:10 p.m.

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

BOND ACTS:

11. COUNTY EXECUTIVE: PROPOSED BOND ACT AUTHORIZING THE ISSUANCE OF $785,000 IN BONDS - RENOVATION OF PEN F-UNIT HEATING AND VENTILATION.

(REFERENCE # 11)

According to Commissioner Stancari the renovations have always been part of the facilities guidelines and the Masterplan.
F-Unit is the only part of the swing space that is "cell" swing space they have at the correctional complex.
Mr. Darcy questioned whether the County is housing federal prisoners because we have the space and want to make the extra money or because we have to. The Commissioner responded that it is because we have the space and want to make the revenue.
The Commissioner stated that this unit would have to be renovated whether or not we house federal prisoners. We will get 100 new cells from this project.
Mr. Darcy asked what the life expectancy of the unit will be after the renovations. Commissioner Stancari stated that the building is currently 30 years old while the pen is 80 years old so the life expectancy will be at least 40-50 years.
Mr. Abinanti asked for the present census vs. capacity numbers. The Commissioner stated that the capacity is 1500 while the present census is 1375. Because of the classification system there are not 100 usable cells. There are 50 cells for the federal prisoners. The new 100 cells will be used for male prisoners.
The swing space is needed because of the classification system.

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Mr. Abinanti asked if the rate charged for housing federal prisoners includes the bonding costs. Mr. Phelan responded that it does not as it was a negotiated rate.
Mr. Delfino asked for a breakdown of the correctional complex. The Commissioner stated that the jail has the capacity to house 900 pre-trial detainees (as of today have roughly 850) and is maximum security facility; the pen has the capacity to house 400 sentenced males (as of today have roughly 350) and is a medium security facility; the women’s unit has the capacity to house 200 pre-trial detainees and sentenced women (as of today have roughly 150); the M-unit is administrative space; and the F-unit is part of the pen.
The rehabbing of this unit will be for the Department of Correction use - they currently house people "cross complex".
Mr. Abinanti requested an analysis of the cost of housing federal prisoners including capital costs. Currently charge $110 per day, per prisoner (excluding medical costs - that is an additional charge).
The Commissioner stated that last year netted $1.7 million from housing federal prisoners and expect the number to be higher this year.

51. COUNTY EXECUTIVE: PROPOSED BOND ACT AUTHORIZING THE ISSUANCE OF $1,200,000 IN BONDS - LIFE SAFETY RENOVATIONS - CORRECTIONAL COMPLEX.

(REFERENCE # 51)

This project includes smoke detectors, smoke barriers and sprinklers.
Mr. Butler stated that in the late 1980’s the Department of Corrections was cited by OSHA on egress towers. A lot of the work was held off while building the new jail.
Design is currently underway to correct the deficiencies.
Looking to get construction funding in order to go out to bid in the next few months.
According to the Commissioner the whole correction complex is smoke-free.
Mr. Delfino inquired as to the high cost of this project. Mr. Butler stated that basically installing a fire alarm system from scratch and bringing in water mains. Outside consultant prepared budget estimates.
Ms. Stewart-Cousins asked if the requirements are still the same as when the Department was first cited and asked if this building will be declared unusable in the near future since it was built in 1931. Mr. Butler stated that we were able to get an extension by stating that we were doing the work in phases and need to satisfy the original citations. There are no plans to discontinue use of this building.
On the basis that this is a life safety issue and with the Commissioner’s word that this building will not be excessed in the near future, Mr. Darcy made a motion to approve this legislation.
Mr. Abinanti made a motion to amend the Committee report to reflect Mr. Darcy’s statement. Commissioner Stancari stated that he would have no objection to that amendment.
Mr. Delfino stated that he would second the motion based on the fact that this is a life safety issue and we have seen the cost of not adhering to life safety issues (i.e. Bronx River Parkway).

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Mr. Young requested that a vote on this item be delayed as he is looking for some vital information from the Administration relevant to this (and other) issues and has been informed by the County Executive that he cannot depend on the Administration for that information and should instead rely on Board staff. Ms. Angiulo stated that the letter from the County Executive stated that the Administration will help supply info to the Board staff who can them put it all together. Mr. Young disagreed saying that Ms. Angiulo’s interpretation of the letter was different than his.
Based on Mr. Young’s statement that he has been unable to obtain the information he has requested Mr. Abinanti made a motion to Table this legislation.
Mr. Delfino stated that this is a life safety issue and delaying it would not guarantee that Mr. Young will receive the information in the form in which he requested it.
Mr. Darcy stated that this portion of the on-going project is ready for construction and they are looking for construction funding in this legislation.
Mr. Abinanti withdrew his motion to Table this item.
Mr. Wishnie called for a vote on the motion to approve this issue, which vote was 5-1 with Legislator Young being recorded in the negative.

With regard to Bond Act #11 Mr. Delfino suggested that the Committee await the info requested by Mr. Abinanti and vote on this issue at the next Budget Meeting.
Mr. Abinanti repeated his request: An analysis of the cost of housing federal prisoners including the bonding costs. Ms. Angiulo asked the request be put in writing so as to be sure to answer Mr. Abinanti’s question fully. Mr. Abinanti stated that he felt there was no need to put it into writing as he had just restated the request clearly. Mr. Wishnie stated that the Budget Co-Chair would put the request in writing to the Administration.
Mr. Abinanti made a motion to reconsider the vote just taken on Bond Act Item #51.
Mr. Young questioned why #11 is being held up until Mr. Abinanti’s request is met when he asked that a vote on #51 be delayed until he received the info he requested. He wondered why Mr. Abinanti’s request was being treated as more relevant than his. Mr. Wishnie responded that his position is that both items should be considered for a vote today and since a motion and a second were made he as Co-Chair had to call for a vote. He further stated that he felt Mr. Young’s issue with not being able to get requested info from the Administration affects all bond issues and definitely needs to be addressed.
Mr. Abinanti stated that he voted on this bond act because it was phrased in terms of a life safety issue and the Committee has to accept this as they are not the experts in determining life safety issues. He further stated that he will not vote for discretionary bond acts without getting information that has been requested.
Mr. Abinanti withdrew his motion to reconsider the vote on this item.
Mr. Darcy reiterated the fact that there seems to be a communication problem with regard to obtaining information from the Administration that needs to be resolved.
Mr. Wishnie stated that under the circumstances the other bond acts scheduled for discussion today will not be considered at this time.

Committee on Public Safety Adjournment: On motion of Legislator Wishnie, seconded by Legislator Stewart-Cousins, the Committee on Public Safety adjourned at 4:14 p.m.

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LAW DEPARTMENT RE: UPDATE ON STATUS OF ANNIS CASE:

Ms. D’Ambrosio suggested the Committee go into Executive Session to discuss this pending litigation.

On motion of Legislator Delfino, seconded by Legislator LaMotte, the motion to go into Executive Session at 4:15 p.m. was carried by a vote of 6-0.

On motion of Legislator LaMotte, seconded by Legislator Darcy, the motion to come out of Executive Session and resume regular session at 4:40 p.m. was carried by a vote of 6-0.

ITEMS REFERRED TO COMMITTEE:

1.* COUNTY EXECUTIVE: Proposed Act authorizing an IMA between the County and the City School District of Mount Vernon to use the District’s classroom space for evening courses offered by the Westchester Community College’s Adult Education Program. (9/9/96)