COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES-AUGUST 4, 1997

1:00 P.M.

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

OTHERS: C.E.’s Office: Barbara Monohan-IGR; Law Dept.: Marilyn

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

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

LAWSUIT/SETTLEMENT: The following act was discussed:

7. COUNTY ATTORNEY: Proposed Act authorizing the County Attorney to settle the lawsuit entitled Donald Pugni and Marianne Pugni v. County of Westchester by payment from the County of Westchester to Donald Pugni and Marianne Pugni in an amount not to exceed $250,000. (7/21/97)

• Mr. Pugni, who had been rendered a paraplegic as a result of an automobile accident almost twenty years earlier came into the Medical Center for treatment. He alleges that when he was moved from the gurney for an x-ray, the x-ray technicians who were moving him utilized an improper transfer technique which caused his right hip to fracture. He further alleges that to repair the fracture surgery was required and approximately six inches of his femur was removed. The top portion of Mr. Pugni’s femur supports the right side of his body. The plaintiffs allege that the removal of that portion of his skeleton requires him to hold himself up with his arms whenever he sits upright, thus restricting his ability to sit for an extended period and severely limiting his ability to move his arms about while sitting. His wife is also suing the County asserting a claim for the loss of her husband’s services.
• Plaintiffs are represented by Worby, Borowick, Groner, LLC. The County’s outside counsel in this matter is Wilson, Elser, Moskowitz, Edelman & Dicker

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• Mr. Abinanti disclosed that he may have received a campaign contribution from Mr. Worby. He stated that he believes it was a personal contribution, not a company one. Ms. Slaatten responded that at long as Mr. Abinanti disclosed the personal contribution he could vote on the matter.

On motion of Legislator Darcy, seconded by Legislator Abinanti, the motion to

approve this item was carried by a vote of 6-0.

• The Committee discussed the possibility of adding positions to the Community College’s Budget to provide separate data processing services. Dr. Hankin stated that in the BOL’s Budget Act they allow for the College to amend the number of budget lines by 5%. The total annual salaried position count at WCC is 416. The President of the College may upon authorization of the College Board of Trustees, and certification to the Budget Director of availability of funds increase this count by no more than 5%. He further stated that this clause would allow them to add 20 although they are asking for much less (6).
• Mr. Darcy asked where the funds would come from.
• Dr. Hankin explained that the College had an unusual year this year. They had early retirement savings, salary savings, and an increase in enrollment that was not expected-over and above what was budgeted.

The Co-Chairs called for a recess at 1:30 p.m. to allow time for the numbers to be worked out. The meeting was reconvened at 1:55 p.m.

• The Committee discussed a resolution drafted by Mr. Abinanti requesting the C.E. submit legislation authorizing the County to contract with the NYS Dormitory Authority to act as general contractor and perform such other technical and financial services as the County acting through the joint action of the Board of Legislators and County Executive deems appropriate. The legislation would also authorize the Board’s Chair to retain the services of the appropriate firm(s) to act as the Board’s consultant(s) and provide guidance to the Board throughout the process of developing a plan and reconstructing the Westchester County Courthouse.

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• The Committee amended the resolution to delete the term "general contractor" as well as a couple of minor language adjustments.

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

360 HAMILTION AVENUE LEASE: The following item was discussed:

24. COUNTY EXECUTIVE: Proposed legislation authorizing the County to enter into a 62 month lease agreement with 360 Hamilton Plaza, LLC. for the lease of approximately 365,000 square feet of space in the building at 360 Hamilton Avenue in White Plains. (6/16/97)

• Mr. Abinanti stated that he would like the committee to consider signing this item out for Public Hearing and approval.
• Mr. Darcy stated that since the Committee just passed a resolution authorizing the retention of the services of the Dormitory Authority that approval of this legislation would be premature. He further stated that in his opinion that they Board should not be entertaining a $50 million lease agreement when it has not been determined that the space will even be needed.
• In response to Mr. Darcy’s concerns, Mr. Abinanti stated that he has read the Dormitory Authority’s report and they raised some serious questions about the type of work that may be required in the Courthouse, including asbestos abatement, as well as questions about the repair/renovation of the outside of the building. Given that, in his opinion, outside space is needed. In addition, in all fairness to the firm that has committed itself, this item should be acted on.
• Mrs. Swanson stated that she was in agreement with Mr. Darcy. She stated that from what she read in the report it would be possible to renovate the Courthouse three floors at a time and while it might cost a bit more it still would not be as much as the cost of renting space at 360 Hamilton. As far as the facade of the building, there is no problem as the low-rise facade was re-done.
• Mr. Wishnie stated that he believes they should move expeditiously to get the Dormitory Authority on board to get the professionals in place to get more information.

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9. COUNTY EXECUTIVE: Acceptance of a gift from John and Brenda Fareri of a temporary, one-story building at the Westchester County Medical Center to be used as a Development Center for the Children’s Hospital. (6/2/97)

• The Committee Co-chairs will send a memo to DPW requesting whether or not a Certificate of Occupancy from the local municipality is needed for this building, and if so, the status of same.

2. COUNTY EXECUTIVE: Proposed legislation authorizing the County to acquire certain improvements at the Valhalla Armory. (9/9/96)

• A memo to the Administration regarding this item was sent on 7/30.

The Committee recessed at 2:20 p.m. and reconvened at 2:45 p.m.

• Mr. Abinanti restated his opinion (noted above) as to why this item should be acted upon by the Committee at this time. He again stated that if this item is signed out today, it could be placed on the agenda for a Special Meeting on August 12th to set the Public Hearing on August 18th. It would also appear on the August 18th agenda for approval although it would be held over at the time and therefore appear on the September 15th agenda for a vote.
• Mr. Abinanti made a motion to approve this item.
• Mr. Darcy reiterated his opinion (noted above) as to why this item should not be acted upon at this time.
• Mrs. LaMotte stated that while she does not want to delay it unduly, she agrees that it is important to have all the info before voting on this issue.
• Mr. Young stated that he originally voted against the negotiation of the lease, but he is in favor of voting this item out of Committee to allow for discussion by the full Board.
• Mr. Darcy stated that he does not feel the Board will have the information by august 18th and while he has never voted against having a Public Hearing before, he will this time due to the circumstances.
• Mr. Wishnie stated that he will be happy to recommit this item if the necessary answers are not received.

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Mr. Abinanti withdrew his motion for approval.

On motion of Legislator Abinanti, seconded by Legislator Young, the motion to approve this item for Public Hearing only was carried by a vote of 4-1 with Legislator Darcy being recorded in the negative, Legislator LaMotte signing "Without Prejudice" and Legislator Swanson out for the vote.

• Mr. Phelan stated that while he does not disagree with the facts presented, for the record, the Budget Department is not in favor of outsourcing data processing at the College.
• The Memorandum of Additions includes the additions to the following accounts:

• This would be to add six positions to provide separate data processing services at WCC.
• This addition to the 1997/1998 WCC Budget contemplates an amendment to the 1996/1997 College Operating Budget.
• Dr. Hankin stated that the tax levy has remained virtually the same over the last seven years. The increase in tax levy over the last seven years has been approximately 6% - which is less than the cost of living.
• The savings created will be used for other expenses (i.e. salary increases).

On motion of Legislator Darcy, seconded by Legislator Abinanti, the motion to approve the Memorandum of Additions to the Westchester Community College Budget was carried by a vote of 5-0. (Legislator Swanson out for vote)

The Committee will meet on Monday, August 11th at 3:00 p.m. to discuss 2nd Quarter Projections and 6 Month Cash Flow.

There being no further items for discussion, on motion of Legislator Darcy, seconded by Legislator Young, the meeting was adjourned at 3:15 p.m.