COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES - OCTOBER 20, 1997

1:00 P.M.

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

OTHERS: C.E.’s Office: Gina Angiulo-IGR; WCMC: Marianne Oros, John Markowitz; Budget Dept: Joe Phelan, Dianne Kearney; LWV: Anne Nelson, Jo Brill, Bev Cunningham; PRC: Joe Stout; Law Dept: Denise D’Ambrosio, Lori Alessio; Planning: Fran McLoughlin; BOL: Legislator Carsky, Robert J. Boland-Budget Analyst, Glenn Guzi- Program Specialist, Pat Gorski-Clerk, Tina Seckerson- Secretary to Committee

Co-Chairs Swanson and Wishnie called the meeting to order at 1:10 p.m.

On motion of Legislator LaMotte, seconded by Legislator Darcy, the motion to approve the Minutes of October 15, 1997 was carried by a vote of 5-0. (Legislators Delfino and Abinanti out for vote)

1. COUNTY EXECUTIVE: Forwarding two Bond Acts: 1) $810,000 - Croton Point Day Uses and Picnic Areas (9/15/97)

• This bond act was discussed in detail at last week’s meeting and required only a revised Committee Report. The Committee Report reflecting this change (prior bonding and new amount) was received.
• Mr. Darcy inquired as to the parking fees. Mr. Stout replied that the parking fee is $3.50 with a County Parks ID Card and $7.00 without.

On motion of Legislator LaMotte, seconded by Legislator Darcy, the motion to approve this item was carried by a vote of 7-0 with Legislator Young signing "Without Prejudice".

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9. (RRR01) Proposed Bond Act authorizing the issuance of $570,000 in bonds - Ridge Road Picnic Area. (6/2/97)

• This bond act was discussed in detail at last week’s meeting and required only a revised Committee Report. The Committee Report reflecting this change (prior bonding and new amount) was received.

On motion of Legislator Wishnie, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 7-0 with Legislator Young signing "Without Prejudice".

95. PROPOSED BOND ACT - $1,868,000 - BRADHURST MODIFICATIONS.

• Ms. Oros distributed a copy of a summary of the master lease with regard to the Bradhurst Building and summary of the capital project request. [On File].
• The contract for this building will be assigned to the PBC.
• The intent of the capital project is to fund modifications to the Bradhurst Building required for the conversion of office space to medical office/ambulatory care use and provide for miscellaneous common space improvements and exterior repairs as required for an outpatient facility.
• These modifications are for the square footage in excess of the 60,000 square feet which is being built out by the owner.
• Parking: All employees pay $10.00 per month, visitor parking is free. Mr. Boland inquired as to why the trust account is not being used to pay for the parking improvements. Mr. Markowitz stated that there is only $35,000 in that account. Mr. Boland asked what happened to the $1 million trust account. Ms. Oros stated that there are two separate trust accounts. The $1 million trust account is specific to the campus and parking improvements there.
• Mrs. Swanson stated that the building should be completely rented before coming back for more bonding.

On motion of Legislator, seconded by Legislator , the motion to approve this item was carried by a vote of 6-0 with Legislator Young signing "Without Prejudice" and Mr. Abinanti out for the vote.

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100. PROPOSED BOND ACT - $3,400,000 - OUTPATIENT RADIOLOGY CENTER, WCMC.

The Committee received a memo from Commissioner Stolzenberg requesting the Committee defer consideration of this bonding request as WCMC is evaluating alternate methods for financing this project.

19. COUNTY ATTORNEY: Proposed Act authorizing the Acting County Attorney to settle the lawsuit entitled Felice Dametta and Irene Dametta v. County of Westchester, Westchester County Medical Center and Howard L. Axelrod, M.D. (10/6/97)

• Plaintiff alleges that Mr. Dametta sustained personal injuries as a result of inappropriate treatment of an infection in his chest following a July, 1992 heart surgery.

On motion of Legislator Darcy, seconded by Legislator Delfino, the motion to approve this item was carried by a vote of 7-0.

20. COUNTY ATTORNEY: Proposed Act authorizing the Acting County Attorney to institute legal proceedings on behalf of the County of Westchester against

Heroldo Richardson seeking a monetary judgement. (10/6/97)

• Mr. Richardson claimed he suffered from work related stress or hypertension.
• On March 6, 1989 Mr. Richardson began receiving compensation benefits for an alleged work related injury. He continued to receive these compensation benefits through May 9, 1995 the date the Findings and Determination of Hearing Officer Herbert Haber was issued finding that Mr. Richardson did not suffer from a work related injury. At that time his compensation benefits were terminated. The County at that time had also expended an additional $4,953 in administrative costs associated with the processing of Mr. Richardson’s claim for an alleged work related injury.
• Efforts by the County to recoup compensation benefits paid to Mr. Richardson have been unsuccessful.
• Ms. D’Ambrosio informed the Committee that Mr. Richardson has filed a discrimination lawsuit against the County stating that they failed to put him in a post based upon his mental state.

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On motion of Legislator Abinanti, seconded by Legislator Darcy, the motion to approve this item was carried by a vote of 7-0.

22. COUNTY ATTORNEY: Proposed Act authorizing the Acting County Attorney to institute legal proceedings on behalf of the County of Westchester against

Michael Sheehan seeking a monetary judgement. (10/6/97)

• The County is seeking to recoup monies paid (207C) to Mr. Sheehan.
• Mr. Darcy informed the Committee that Commissioner Stancari recently reported to the Committee on Public Safety and Criminal Justice that the County has instituted some changes and is taking a much more aggressive role in pursuing 207C cases.
• Mr. Abinanti inquired as to whether there would be any liability to the County by bringing lawsuits such as this one and the previous one. Ms. D’Ambrosio stated there would not be.
• In order to discuss this case in more detail the Committee wanted to discuss this case in more detail. On motion of Legislator Abinanti, seconded by Legislator Darcy, the motion to go into Executive Session at 2:20 p.m. was carried by a vote of 7-0.
• On motion of Legislator Abinanti, seconded by Legislator Darcy, the motion to go out of Executive Session at 2:30 p.m. was carried by a vote of 7-0.
• The Committee will defer action on this item until further information (requested in Executive Session) is received.

5. COUNTY EXECUTIVE: Forwarding a package of court-ordered certiorari refunds. (10/6/97)

On motion of Legislator Abinanti, seconded by Legislator Darcy, the motion to Receive and File this item was carried by a vote of 7-0.

6. COUNTY EXECUTIVE: Acceptance of a gift from the Freihofer Baking Company to sponsor the 1997 Bike and Blade Sundays. (10/6/97)

On motion of Legislator Darcy, seconded by Legislator Abinanti, the motion to Receive and File this item was carried by a vote of 7-0.

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7. COUNTY EXECUTIVE: Acceptance of a gift from Pepsico, Inc. to be used in the training of the Department of Public Safety’s explosive detection dogs. (10/6/97)

On motion of Legislator Abinanti, seconded by Legislator LaMotte, the motion to Receive and File this item was carried by a vote of 7-0.

10. COUNTY EXECUTIVE: Acceptance of a gift from Aerotek Contract Engineering Services, Inc. to be used in the restoration of the Muscoot Farm Herb Garden. (10/6/97)

On motion of Legislator LaMotte, seconded by Legislator Young, the motion to Receive and File this item was carried by a vote of 7-0.

11. COUNTY EXECUTIVE: Proposed legislation for the project entitled county Courthouse and Annex. (10/6/97) NOTE: This item was approved by the Board on 10/6/97)

On motion of Legislator Abinanti, seconded by Legislator Darcy, the motion to Receive and File this item was carried by a vote of 7-0.

12. COUNTY EXECUTIVE: Proposed Resolution authorizing the County Executive to enter into an agreement with the Dormitory Authority of the State of New York to provide technical and financial services in conjunction with the Richard J. Daronco Westchester County Courthouse rehabilitation and construction of a Courthouse Annex of approximately 165,000 square feet for unified Court system and County use, subject to such further action of the Board of Legislators as may be required by law.

On motion of Legislator Abinanti, seconded by Legislator Young, the motion to Receive and File this item was carried by a vote of 7-0.

13. COUNTY EXECUTIVE: Acceptance of a gift from Westchester Resco Co., L.P. to be used to pay the fee for the New York Philharmonic’s 17th Annual Free Outdoor Concert. (10/6/97)

On motion of Legislator Delfino, seconded by Legislator Young, the motion to Receive and File this item was carried by a vote of 7-0.

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14. COUNTY EXECUTIVE: Acceptance of a gift from Fuji Photo Film, U.S.A. to be used to pay the fee for the New York Philharmonic’s 17th Annual Free Outdoor Concert. (10/6/97)

On motion of Legislator Delfino, seconded by Legislator Abinanti, the motion to Receive and File this item was carried by a vote of 6-1 with Legislator Young being recorded in the negative.

16. COUNTY EXECUTIVE: Acceptance of a gift from Cappelli Enterprises to be used to pay for the Grucci Fireworks at the New York Philharmonic’s 17th Annual Free Outdoor Concert. (10/6/97)

On motion of Legislator Wishnie, seconded by Legislator LaMotte, the motion to Receive and File this item was carried by a vote of 7-0.

There being no further items for discussion, on motion of Legislator Darcy, seconded by Legislator Abinanti, the meeting was adjourned at 2:40 p.m.