COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES

MAY 19, 1997

1:30 P.M.

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

OTHERS: C.E.’s Office: Gina Angiulo-IGR; Budget Department: Joe Phelan-Budget Director; Law Dept: Marilyn Slaatten, County Attorney; DOT: Commissioner Petrocelli, Patty Chemka; CBAC: George Hosey, Barbara Strauss; LWV: Anne Nelson; BOL: Legislator Carsky, Legislator Oros, Gary Kriss, Aldo Vitagliano, Dan Rodriguez, Robert J. Boland-Budget Analyst, Glenn Guzi-Program Specialist, Tina Seckerson-Secretary to Committee

Co-Chairs Wishnie and Swanson reconvened the Budget & Appropriations Committee meeting at 1:35 p.m.

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

On motion of Legislator Darcy, seconded by Legislator LaMotte, the motion to approve the Minutes of May, 12, 1997 was carried by a vote of 7-0.

• Ms. Slaatten explained the parameters by which rewards can be offered. Rewards can be offered by the Chairman of the Board, the Sheriff/Commissioner of Public Safety, or the District Attorney. According to Section 297.11 of the Laws of Westchester County, rewards can be offered for the arrest and conviction of a person/persons committing a capital crime or a felony that carries a sentence of more than 10 years. It is up to the Committee on Budget & Appropriations to set the amount of the reward.
• Mr. Wishnie stated that he believes that before offering a reward the Board should hear from police officials that it would be beneficial to offer such a reward.
• Ms. Slaatten stated that the severity and the nature of the crime might also be looked at when considering the offering of a reward.

COMMITTEE ON BUDGET & APPROPRIATIONS

MINUTES - MAY 19, 1997

PAGE 2

• Citing Commissioner D’Aliso’s April 2, 1997, letter to the Budget Co-Chairs requesting permission to offer a reward with regard to recent acts of vandalism at Dunwoodie Golf Course in Yonkers, Mrs. LaMotte inquired as to whether the Budget Committee is required to accept the request. Ms. Slaatten responded that they do not, could set the reward at zero. Mr. Darcy asked if an act of vandalism meets the parameter fro offering a reward. Ms. Slaatten stated that it depends on the possible prison sentence.

• With regard to the authorization of the CAD IMA’s Mr. Abinanti expressed his concern that the Board would be setting a precedent by authorizing what some feel is a blanket IMA. Ms. Slaatten stated that the Board needs to be aware of the material and substantive elements when voting on IMA authorizations. She assured the Committee that this is not a blanket IMA nor would it be precedent setting.
• Mr. Abinanti stated that according to the Charter the BOL gives authorization for IMA’s and this is not an IMA as it is written; it is not specific as to cost or who the agreements will be with. He requested the County Attorney’s opinion in writing.
• Mr. Darcy stated that in this case the parameters are broad intentionally because there is no way of knowing which municipalities will join, although all are welcome.

AGENDA ITEMS:

12. COUNTY ATTORNEY: Requesting authorization to commence a summary legal proceeding against Maria Blanchette to evict her from Elmwood Hall,

Valhalla and obtain the value of the fair use and occupancy of the subject property for the period of time she has been occupying the residence without the consent or permission of Westchester County. (5/5/97) (Also referred to HMC)

• Ms. Slaatten explained that Ms. Blanchette’s employment with Westchester County was terminated on February 1, 1996. There is currently no legal action on termination. She was terminated as hourly employee. The lease specifically said she was would have to vacate the apartment when she was no longer employed by Westchester County.

COMMITTEE ON BUDGET & APPROPRIATIONS

MINUTES - MAY 19, 1997

PAGE 3

• Ms. Blanchette was notified by WCMC, by letter, on February 1, 1996, that she must vacate her apartment at Elmwood Hall no later than February 17, 1996. On May 31, 1996, Ms. Blanchette was served with a Notice to Quit the premises by June 30, 1996. She did not respond to the notice. In January, February and twice in March 1997, Ms. Blanchette was notified in writing by WCMC that Elmwood Hall would be closing effective March 31, 1997. She was also notified that eviction proceedings would commence for anyone who did not vacate their apartment. Ms. Blanchette has failed to vacate her apartment or to pay the value of the fair use and occupancy of the residence (approximately $3,500.) since February 1, 1996.
• There are currently two matters pending with regard to Ms. Blanchette. One is against Liberty Lines in which Ms. Blanchette alleges that the bus she was riding stopped short and she sustained injuries and the second is ammeter in which she alleges her groceries were stolen and her couch ruined due to a leak in an upstairs apartment.
• The County Attorney’s office has been informed by the hospital that Ms. Blanchette has now spread her belongings into 2 apartments.

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

13. COUNTY ATTORNEY: Authorizing the County Attorney to settle the lawsuit

entitled Joseph Mascetta v. Joseph Miranda, et al. (5/5/97)

• The County Attorney informed the Committee that there are between 30 and 35 cases with civil rights components in her office currently. There are a great many that are being represented by the Law Department. There are 4 in the Law Department in which the C.E. is named individually for punitive damages and 5 in which the District Attorney is named individually for punitive damages. She stated that it is her understanding that there has been some conversation with the C.E. to take some of these cases to outside counsel - some of the ones with specialties.

COMMITTEE ON BUDGET & APPROPRIATIONS

MINUTES - MAY 19, 1997

PAGE 4

• They are looking at that and have contacted the firm of Orrick, Herrington & Sutcliffe. The discounted rate for a municipality is $350 per hour for a partner; $250 per hour for an associate and $195 per hour for a junior associate. Ms. Slaatten has asked them to come back with a blended rate - one hourly rate whether it’s a partner or an associate. Mr. Darcy suggested that we get assurance that even with a blended rate we get the most experienced litigator. Ms. Slaatten explained that she gets a list of personnel to approve, then they send her their resumes and then she dictates who they want.
• Ms. Slaatten informed the Committee that May 21st is the deadline for legislation to be signed, sealed and delivered to get releases done, etc.

To discuss this matter in greater detail as well as the recent negotiations in the Blumenthal case the Committee agreed to go into Executive Session.

On motion of Legislator Delfino, 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 Darcy, seconded by Legislator Delfino, the motion to come out of Executive Session at 2:50 p.m. was carried by a vote of 7-0.

On motion of Legislator Darcy, seconded by Legislator Delfino, the motion to approve Item 13 was carried by a vote of 6-1 with Legislator Abinanti being recorded in the negative.

1. COUNTY EXECUTIVE: Proposed Act authorizing the County to enter into

IMA’s with Municipal Corporations for the County to provide stencils to participating municipalities and reimburse the participating municipalities for paint costs in an aggregate amount of $4,000 less the cost of the stencils to be purchased for the participating municipalities. (5/5/97) (Also referred to ENV)

• Mr. Abinanti requested a copy of the IMA before taking any action on this item. A written request will be sent.

COMMITTEE ON BUDGET & APPROPRIATIONS

MINUTES - MAY 19, 1997

PAGE 5

9. COUNTY EXECUTIVE: Proposed Resolution authorizing the County to apply for Section 3 Capital Assistance from the FTA. (3/11/96)

On motion of Legislator LaMotte, seconded by Legislator Wishnie, the motion to approve this item was carried by a vote of 5-1 with Legislator Abinanti being recorded in the negative; Legislator Swanson out for the vote; and Legislators Delfino, Darcy and Young signing "Without Prejudice".

4. COUNTY EXECUTIVE: Forwarding a package of court-ordered certioraris.

[ON FILE] (5/5/97)

On motion of Legislator Darcy, seconded by Legislator Delfino, the motion to Receive and File this item was carried by a vote of 5-0. (Legislators Swanson and Abinanti out for vote)

5. COUNTY EXECUTIVE: Proposed Act authorizing the County to enter into an

IMA with the City of Yonkers Board of Education for the lease of the Wightman Mansion and Garage and the property directly adjacent to these structures for park purposes. (4/7/97)

• Mr. Abinanti requested a copy of the new lease.

There being no further items for discussion, on motion of Legislator Delfino, seconded by Legislator Darcy, the meeting was adjourned at 3:20 p.m.