COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES - OCTOBER 27, 1997

1:00 P.M.

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

OTHERS: C.E.’s Office: Gina Angiulo-IGR, Janis Viola; WCMC: Barbara DeCesare; Budget Dept: Joe Phelan; CBAC: George Hosey; DOT: Commissioner Petrocelli; Planning: Gerry Mulligan; Law Dept: Greg Meehan, Denise D’Ambrosio Lori Alessio; BOL: Legislator Carsky, Don Sandford-Deputy Clerk, Pat Gorski-Clerk, 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 Young, the motion to approve the Minutes of October 20, 1997 was carried by a vote of 6-0.

10.* COUNTY ATTORNEY: Proposed Act authorizing the Acting County Attorney to settle the lawsuit entitled Isao Kato, Individually and on Behalf of the Estate of Hiroko Kato, Deceased, v. County of Westchester by payment from the County of Westchester in the amount of $1,000,030, of which $600,000 will be paid to Isao Kato individually and $400,030 will be paid into a trust. (10/20/97)

• This is a personal injury and wrongful death action arising from an accident on the Bronx River Parkway. The Plaintiff was traveling southbound on the parkway in the evening and a dead tree fell from the center median of the parkway, striking Mrs. Kato’s vehicle and causing her to sustain multiple fractures of her skull with contusions.
• Plaintiff claims that Mrs. Kato’s death was caused by the negligence of the County in permitting dead and decaying trees to remain standing alongside the parkway.

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• The Plaintiff’s expert forester claimed he examined the tree shortly after the accident and determined that the tree was dead for approximately 10 years.
• Legislator Carsky asked if the County has removed other dead trees from the median area. Ms. D’Ambrosio stated that they had removed some trees but was not prepared as to what exactly has been removed.

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

11.* COUNTY ATTORNEY: Proposed Act amending Section (2) of Act No. 88- 1993 entitled "An Act designating an attorney to be retained to represent former Department of Public Safety Commissioner, Anthony M. Mosca, in the lawsuit of Barbara Annis v. County of Westchester, Anthony M. Mosca and Ernest J. Colaneri, and authorizing the County to pay the designated counsel for legal services rendered in connection with the action." (10/20/97)

• This would amend Act 88-1993 which authorized the retention of Bruce Bendish as outside counsel to represent Anthony Mosca by providing for an increase in the authorized aggregate amount from $30,000 to an amount not to exceed $63,000.
• Further information is required before taking action on this item.

12.* COUNTY ATTORNEY: Proposed Act authorizing the Acting County Attorney to settle the lawsuit entitled Dennis Dymek and Dorothy Dymek v. County of Westchester, Westchester County Medical Center, Frederick E. Foeppel, M.D. and George Berk, M.D. by payment from the County of Westchester to Dennis Dymek and Dorothy Dymek in the amount of $750,000. (10/20/97)

• This is a medical malpractice action alleging that Mr. Dymek sustained personal injuries as a result of inappropriate monitoring and treatment of a cardiac condition following a heart attack.
• Plaintiff’s attorney argued that had his client been on a heart monitoring device, there would have been advance warning of his second heart attack.
• Plaintiff alleges that as a result of the delay in discovering and responding to this second heart attack, Mr. Dymek suffered a period of lack of oxygen to the brain which resulted in permanent brain damage, short term memory loss and slowed speech.

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• After returning to work, after 5 months of physical and cognitive brain rehabilitation therapy, Mr. Dymek returned to work as an electrician at Pepsico. He was unable to successfully complete his work assignments and examined by a neuropsychologist. The doctor found that Mr. Dymek suffered from permanent decreased intellectual capacity and short term memory loss. Mr. Dymek was retired due to permanent disability from his brain damage and short term memory loss.
• Mr. Boland asked if these doctors are still practicing at the Medical Center. Ms. DeCesare stated that Dr. Berk still sees patients on occasion while Dr. Foeppel no longer has privileges at WCMC.

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

13.* COUNTY ATTORNEY: Proposed Act authorizing the Acting County Attorney to settle the lawsuit entitled Lee Brian Karasik, an infant, by his parents and natural guardians, Mona Karasik and Steven Karasik, Mona Karasik, Individually and Steven Karasik, Individually v. County of Westchester, et al. (10/20/97)

• This is a medical malpractice action pending in Supreme Court brought by the plaintiffs, Mona and Steven Karasik on behalf of their infant son, Lee Brian. They allege that Mrs. Karasik’s pre-natal care was mismanaged by Stanley F. Brunn, M.D., Seymour J. Weiner, M.D., Hassan Sadaghiani, M.D. and Port Jervis OBS/GYN Group resulting in permanent neurological damage to the infant. They further allege that the obstetrical staff at WCMC mismanaged the delivery.
• The total amount of the settlement is $699,000. The County would be responsible for $600,000, the remaining $99,000 by the co-defendants.
• Lee Brain Karasik has been diagnosed with a form of Cerebral Palsy. Mr. Karasik previously gave birth to a child with cerebral palsy. The residents at WCMC were made aware of her obstetrical history and decided the best course of action would be to monitor her. The attending physician was not made aware of her condition on a timely basis. The C-Section was not done until 4 hours later.
• Mrs. LaMotte if there have been any changes made in the procedure to prevent something like this from happening again.
• Ms. DeCesare stated that those residents are no longer there, and there are currently more residents available.

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

14.* COUNTY ATTORNEY: Proposed Act authorizing the Acting County Attorney to settle the lawsuit entitled Antoinette Collarini v. John Zakian, Individually, Neil De Luca, Individually, Andrew P. O’Rourke, Individually, Marilyn J. Slaatten, Individually and the County of Westchester. (10/20/97)

• This is a civil rights action where the plaintiff (Antoinette Collarini) alleges that the individually named defendants and the County violated her First Amendment right of free speech and right to petition the government for redress of grievances ; her right to a workplace free from gender discrimination and retaliation under Title Vii and the Human Rights Law, and her Fourteenth Amendment right to equal protection of the laws under Section 1983. The County filed a motion to dismiss the Title VII claims against the individually named defendants, and that resulted in plaintiff withdrawing those claims against the individually named defendants.
• Mr. Abinanti requested a list of the civil rights cases that have filed as well as which have been settled by the County (for the last 3 years).

16.* COUNTY ATTORNEY: Proposed Act authorizing the Acting County Attorney to compromise the County of Westchester’s right to be reimbursed for health care benefits expended on behalf of the listed insured’s recovery from legal action or settlement. (10/20/97)

• This act would authorize the Acting County Attorney to compromise the listed claims (on file) of the County for reimbursement of health care expenditures paid by the County. When an individual is insured under the Westchester County Health Plan administered by POMCO is injured as a result of some alleged tortious act or omission of a third party, the County pays for the immediate health care for the insured subject to the right to be reimbursed if the insured recovers for medical expenses associated with that injury from a third party. The County’s right to be reimbursed from the insured for the health care expenditures is dependent upon the insured recovering damages from the third party for medical expenses incurred.
• Mr. Meehan briefly reviewed each of the cases.

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• Messrs. Wishnie and Abinanti disclosed that they have received campaign contributions from Marc Oxman, Esq., one of the insured’s legal counsel. Mr. Meehan that the disclosure was sufficient and they did not need to abstain from the vote. In fact, he stated initials were used to identify the insured to protect each individual’s privacy, although their identities could be revealed in Executive Session. Mr. Abinanti asked if the Legislators are protected from any liability by voting on these by initials rather than names. Mr. Meehan stated that he sees no liability for Legislators in voting on these items.

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

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 judgment. (10/6/97)

• This case was discussed at last week’s meeting although the Committee requested additional information.
• Ms. Alessio informed the Committee that Mr. Sheehan, who was in uniform, was leaving a friend’s apartment with another friend who is a Correction Officer. They each got into their own cars to meet at a diner in South Yonkers somewhere between 9:45 p.m. and 10:00 p.m.
• There was a group of males walking up the street banging on tires and cars. Mr. Sheehan parked his car. When he got out of his car he was hit from behind. A police report was filed. Mr. Sheehan knew his assailant as they were both from the same neighborhood. The assailant had been previously incarcerated.
• The allegation about it being for his cousin was never investigated and no one could substantiate the remark. This remark first came up at the 207C hearing.
• Ms. Alessio reminded the Committee that Correction Officers are not required to wear their uniform to work. She stated that this is a case of being in the wrong place at the wrong time.
• No arrests were made at the time of the incident. There was no use of side arms.
• Ms. Alessio reminded the Committee that just because he was on the way to work doesn’t necessarily mean that it is work related.
• Mr. Abinanti requested that the Committee go into Executive Session to discuss this litigation matter in more detail.
• On motion of Legislator Abinanti, seconded by Legislator Young, the motion to go into Executive Session at 2:25 p.m. was carried by a vote of 6-0.

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• On motion of Legislator Abinanti, seconded by Legislator LaMotte, the motion to go out of Executive Session at 2:35 p.m. was carried by a vote of 6-0.

On motion of Legislator LaMotte, seconded by Legislator Swanson, the motion to approve this item was carried by a vote of a vote of 5-1 with Legislator Young being recorded in the negative.

3. COUNTY EXECUTIVE: Proposed Resolution authorizing the County to amend Resolution 73-1997 re: authorizing the County to execute and file an application with the U.S. Department of Transportation’s Federal Transit Administration. (10/6/97)

• Commissioner Petrocelli appeared before the Committee to explain the amended amount of grant totaling $8,638,917.
• The breakup of this grant is as follows:
• Federal $6,428,985
• State: $445,532.49
• County Share: $1,764,399.51
• Although there was an increase in Federal funds the State portion has been adjusted resulting in a reduction in State funds of approximately $190,000 which increases the County share to $1,764,399.51.

On motion of Legislator Abinanti, seconded by Legislator Swanson, the motion to approve this item was carried by a vote of 5-0. (Legislator Young out for vote)

EXECUTIVE SESSION: Bus Garage Appraisal

On motion of Legislator LaMotte, seconded by Legislator Wishnie, the motion to go into Executive Session at 3:10 p.m. to discuss the appraisal of the bus garage was carried by a vote of 4-0. (Legislators Young and Delfino out for vote)

On motion of Legislator LaMotte, seconded by Legislator Wishnie, the motion to go out of Executive Session at 4:15 p.m. was carried by a vote of 4-0. (Legislators Young and Delfino out for vote)

There being no further items for discussion, on motion of Legislator LaMotte, seconded by Legislator Abinanti, the meeting was adjourned at 4:05 p.m.