COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES-JULY 14, 1997

1:00 P.M.

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

OTHERS: C.E.’s Office: Gina Angiulo-IGR; Tax Commission: Margaret Iacomini; Labor Relations-Mike Wittenberg; Budget: Joe Phelan-Director, Leslie Bennett, Robert Kopenhaver; CBAC: George Hosey, Barbara Strauss; LWV: Jo Brill, Amy Paulin; Health Dept: Dr. Adel- Commissioner, Patsy Yang-Lewis, Karen Kelley, Irv Cohen; Mt. Vernon Neighborhood Health Center: David Ford, Steven Horowitz; Greenburgh Neighborhood Health Center: Carolyn George-Executive Director, Bob Morrow; Others: Hank Gessman-Greenburgh, Ben Casolaro, BOL Intern; Office for Women Advisory Board: Bette Wurster; BOL: Legislator Bronz, Legislator Stewart-Cousins, Pat Gorski- Clerk, Robert J. Boland-Budget Analyst, Glenn Guzi- Program Specialist, Tina Seckerson-Secretary to Committee

Co-Chairs Swanson and Wishnie called the meeting to order at 1:30 p.m.

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

On motion of Legislator Darcy, seconded by Legislator Young, the motion to approve the Minutes of July 7, 1997 and July 9, 1997 was carried by a vote of 5-0.

13. HON. RICHARD WISHNIE: Forwarding proposed legislation to provide for a single school tax lien date. (5/19/97)

• Mr. Wishnie explained that he had received a letter from Marie Gagliardi with regard to the school tax lien filing date and the fact that it is unclear.

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• Currently Westchester County Law provides for payment of school taxes in two installments. This section of law is somewhat unclear with regard to the date that such taxes become a lien and could be interpreted as creating two lien dates for school taxes paid in installments. If adopted this legislation will clarify Section 283.311(5) of the Laws of Westchester County in that it will expressly provide for a single school tax lien date of September 1 for towns which authorize payment of school taxes in installments and as such would provide consistency with NYS law as well as the Laws of Westchester County with respect to one lien date for school taxes paid in installments.

On motion of Legislator Abinanti, seconded by Legislator Darcy, the motion to approve this item was carried by a vote of 5-0.

23. COUNTY EXECUTIVE: Proposed legislation which would authorize the withdrawal of the Westchester County Department of Health from the operation of the Greenburgh Neighborhood Health Center. (6/16/97)

(Continuation of discussion from 7/9):

• Mrs. Swanson asked if the agreement is terminated how is the $100,000 in damages proven? Mr. Wishnie asked how the $100,000 amount was determined. Dr. Adel stated that the Board negotiated and signed the contract and they had the advice of counsel. Ms. George replied that the attorney’s and both health centers felt that this was a reasonable amount to cover "lost opportunities" , incurred by Mt. Vernon should Greenburgh decide to terminate the contract. Mr. Abinanti stated that it is not right for one party to be able to terminate the contract (Mt. Vernon) without having to compensate the other (Greenburgh). He further stated that the terms of the termination clause should be the same for both parties involved. Mrs. Swanson stated that Greenburgh is in effect being held hostage by Mt. Vernon with this termination clause. Mr. Ford stated that Mt. Vernon is working with Greenburgh as a team, they are not holding anyone hostage and if the $100,000 clause is a problem perhaps it could be renegotiated. Mrs. Swanson stated that this clause does not belong in the agreement and she is extremely opposed to it.

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• Mr. Abinanti stated that he believes this deal is all about money. It is his understanding that the Greenburgh Neighborhood Health Center is providing good service to the community. Is this going to be cheaper for the County and provide better services to the community? He stated that he is not sure that Greenburgh should be spun-off from the County and if there are problems with the relationship between the two it should be worked on before a spin-off is approved.
• Mrs. Bronz stated that she has been in discussion with the health center representatives and the Greenburgh community since the beginning of the year.
• Dr. Adel stated that he has been absolutely persuaded that spinning off the Greenburgh Neighborhood Health Center is the only way for them to survive.
• Mr. Morrow stated that he does not know how much longer the federal government will put money into a health center that is a county run operation.
• Mr. Ford stated that this same type of conversation went on years ago when the Mt. Vernon Neighborhood Health Center was spun-off.
• The Committee was informed that if approval for this is not given by the BOL at their July 21st Board meeting Greenburgh Neighborhood Health Center’s applications with the state and federal governments will expire and need to be resubmitted. Mr. Wishnie stated that the service the health center provides is needed and if the commitment to continue providing quality service after the spin-off is there it should be considered as part of the bottom line. Do we really want to gamble on having to go through this process again in a year or two if approval is not given now?
• Mr. Darcy stated that it seems like the $100,000 termination clause is a major stumbling block, and if so perhaps the possibility of renegotiating this clause should be looked into. Mr. Young asked if an attempt is made to renegotiate this clause what is going to be considered as an acceptable figure? He further stated that we are not the experts in this area, in fact, the experts have already informed us that the $100,000 figure is fair. In light of this, should we be asking them to renegotiate the figure? Mr. Abinanti again stated that the same terms for termination should apply to both parties to make the agreement equitable.
• Mr. Young stated that the role of the Legislature in this instance is to protect the County. The three main concerns are staffing, the fact that the lease expires in 1998, and the assigning of other contracts.

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• Mr. Morrow, Chairman of the Greenburgh Neighborhood Health Center Board, stated that the Greenburgh Board is in favor of using the expertise of Mt. Vernon. He will go back to the board with regard to the $100,000 issue although he does not ever see that as becoming a problem because both Greenburgh and Mt. Vernon have the same goal and see this spin-off as a successful venture.
• Mrs. Swanson again asked about measures being taken to protect the staff. Ms. Kelley stated that Personnel has already begun working on this and there is a commitment on the part of Greenburgh to offer positions to current employees, employees will be able to exercise their "bumping rights" and measures are being taken to keep those employees eligible for early retirement on the County payroll until the first filing window opens.
• The question was raised as to what will happen to equipment after the spin-off. Ms. Yang-Lewis stated that as was done with Mt. Vernon, equipment will be leased for $1.00 per year.
• Mr. Abinanti asked for an inventory list and value of the equipment as well as a copy of the contract. Ms. Yang-Lewis stated that the contract is in draft form and was modeled after the Mt. Vernon, Peekskill and Ossining contracts. It has not yet been looked at by the Law Department. Once the Board acts on the contract it will go before the Board of Acquisition and Contract.
• Mr. Abinanti requested the 1996 audit for the Mt. Vernon Health Center. Mr. Ford stated that it won’t be available until sometime next week and neither he or his accountant will give out unaudited figures.
• Dr. Adel stated that time is of the essence as applications were filed with the state and federal governments on May 23rd and they are only valid for 60 days. Mr. Morrow stated that if the approval for the spin-off is delayed it will force the Greenburgh Neighborhood Health Center to close.
• Mr. Abinanti stated that the Committee is in receipt of a February 28th memo from the County Attorney’s Office to the Health Department stating that they reviewed the agreement, yet the BOL did not receive it until June. Ms. Angiulo stated that the discussions had been ongoing since the beginning of the year and the Board’s Leadership was advised of these discussions. The paperwork was sent down upon its completion.
• Mrs. Bronz stated that this matter should be voted out of Committee for consideration by the full Board.
• The Co-Chairs stated that due to its time sensitivity this matter will be discussed further before the July 21st Board meeting pending the answers to more questions. The Committee had no objection.

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• The Committee was informed that the Dormitory Authority will issue a written report on Wednesday and will be available to meet with the Committee for discussion of same.
• The Committee will postpone discussion on 150 Grand Street scheduled for Wednesday, July 16th and will meet with the Dormitory Authority instead. There will also be a discussion of the Westchester Community College Budget at that time.
• Mr. Abinanti distributed a copy of a resolution he drafted authorizing the Administration to enter into an agreement with the Dormitory Authority.

97. $2,500,000 - Major Medical Equipment - WCMC

• Important for major medical equipment to be updated.

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

There being no further items for discussion, on motion of Legislator Abinanti, seconded by Legislator Young, the meeting was adjourned at 3:00 p.m.