COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES - SEPTEMBER 15, 1997

1:00 P.M.

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

OTHERS: C.E.’s Office: Jamie Hastings-Director of IGR; Budget Dept.: Joe Phelan, Leslie Bennett, Tom Coleman; Law Department: Denise D’Ambrosio, Laurie Alessio, David Pryor; CBAC: George Hosey; BOL: 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 2:35 p.m. (The meeting started late due to the 10:00 a.m. Board meeting which ran late)

On motion of Legislator Swanson, seconded by Legislator Young, the motion to approve the Minutes August 25, 1997 and September 8, 1997 was carried by a vote of 5-0.

30. COUNTY ATTORNEY: proposed Act authorizing the County Attorney to settle the lawsuit entitled Richard N. Pitassy, Individually, and as Successor in Interest to the Law Firm of Pitassy & O’Neill v. the County of Westchester and Andrew P. O’Rourke in his capacity as County Executive. (8/18/97)

• The recommended settlement in this case is in the amount of $125,000 as a result of a settlement conference called by Justice Donovan of the Supreme Court..
• Ms. D’Ambrosio explained that Mr. Pitassy, a former Deputy County Attorney, left took a number of litigation matters with him when he left the County’s employ, one of which was the matter of the construction of the Ossining Sewage Treatment Plant. This litigation arises due to Mr. Pitassy’s claim that he is owed $257,609.86. plus interest, for legal services rendered on behalf of the County in connection with an action entitled, Federal Insurance Co. v. County of Westchester.

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• Since 1983 the County has had to pay the plaintiff of the law firm for which he was a member approximately $847,223 in legal fees arising out of the construction of the Ossining Sewer Treatment Plant.
• Mr. Boland asked, where the $847,223 was paid from? Ms. D’Ambrosio stated that she believes it was paid from the capital projects fund.
• Mrs. LaMotte disclosed that she knows Mr. Pitassy and asked if she might abstain from the vote. Mr. Wishnie stated that he is in the same position but as long as the relationship has been disclosed and neither of them stands to gain anything by this settlement there is no need to abstain from the vote. Mr. Delfino stated that he would make the motion to approve this item and suggested that perhaps Mrs. LaMotte and Mr. Wishnie should disclose their relationships with Mr. Pitassy at the full Board meeting.

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

31. COUNTY ATTORNEY: Proposed Act authorizing the County Attorney to settle the lawsuit entitled General Medical Corporation v. Westchester County Medical Center and Enterprise Systems, Inc. (8/18/97)

• This case is presently pending in U.S. District Court for the Eastern District of Virginia for payment by the County of Westchester to Enterprise Systems, Inc. in an amount not to exceed $372,792.
• The County through WCMC entered into a contract with General Medical Corporation to purchase materials management services from them from April 15, 1996 through April 14, 2001 for an amount not to exceed $2,229,996. General agreed to provide, among other services, an electronic materials management system with on-line ordering capability, a stockless inventory system, a racking system for the storage of supplies, daily delivery services of prepared deliveries and a project management team including an on-site manager. The agreement included the installation and maintenance of the software system and allowed General to furnish medical products and to provide distribution and materials management services to WCMC through a Group Purchasing contract.

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• Pursuant to the County’s contract with General, Enterprise Systems, Inc. (Enterprise) installed and maintained the computer software system at WCMC to enable the implementation of the materials management system and has trained WCMC personnel in the software system. Enterprise is also named as a defendant in the suit as General alleges that it is obligated to Enterprise for the installation and purchase of the software system along with maintenance fees for the system in the total amount of $571,247 during the term of the contract.
• After WCMC paid General $89,984 for the software system and maintenance over the first seven months of the contract, a dispute arose between WCMC and General regarding the purchase of medical products under the contract. In October of 1996, WCMC terminated the contract effective January 1, 1997. The contract with General requires full payment to General for the software system upon early termination of the contract regardless of the reason for termination.
• The complaint alleges that WCMC breached its contract. General alleges that due to this termination, it remains obligated to Enterprise for full payment for this software system and has therefore included Enterprise as a defendant in this suit.
• The Committee asked if anyone is currently providing these services and if so, who. Ms. D’Ambrosio will find out.

On motion of Legislator Young, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 5-0 with Legislator Young signing "Without Prejudice".

32. COUNTY ATTORNEY: Proposed Act authorizing the County Attorney to settle the lawsuit entitled Thomas E. O’Connor and Eileen R. O’Connor v. the County of Westchester. (8/18/97)

• This is a recommended settlement in the amount of $90,000. It is an action for personal injuries based upon the alleged negligence of the County in failing to properly maintain Bedford Center Road. The portion of the road where the accident occurred has been maintained by the County for approximately 67 years.
• Mr. O’Connor alleges that he lost control of his motorcycle on Bedford Center Road due to sand and gravel on the roadway.

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• Ms. D’Ambrosio informed the Committee that the issue of prior notice is a concern in this case as several people have stated that sand and gravel on the roadway where the accident occurred is a recurring problem of which the county should have been aware. And, over the course of several years the County has been called and has come to clean up sand and gravel in this area.

On motion of Legislator Young, seconded by Legislator Wishnie, 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 Young, seconded by Legislator LaMotte, the meeting was adjourned at 3:05 p.m.