COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES

OCTOBER 14, 1998

ATTENDANCE:

Chairman Wishnie called the meeting to order at 10:20 a.m.

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

On motion of Legislator Carsky, seconded by Legislator Kaplowitz, the motion to approve the Minutes of October 5, 1998, was carried by a vote of 6-0.

(Legislator Stewart-Cousins out for vote)

• The Committee briefly discussed a Resolution from Chairman Latimer to the Board of Acquisition and Contract exempting the Board of Legislators from the Westchester County Procurement Policy an agreement with Bennett, Kielson, Storch & Company, LLP for an analytical review of and report on the proposed 1999 County budget for a fee of $66,000. A separate resolution requesting authority to enter into the agreement was also submitted.
• The term of the agreement will be November 1, 1998 through December 31, 1998.

AMENDMENT: A typo in the cover letter of attached to the exempting resolution was discovered. The date of term of the contract was amended from December 31, 1999 to December 31, 1998.

On motion of Legislator Swanson, seconded by Legislator LaMotte, the committee approved the amended legislation by a vote of 6-0. (Legislator Stewart-Cousins out for vote)

COMMITTEE ON BUDGET & APPROPRIATIONS

MINUTES – OCTOBER 14, 1998

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• (Hand-out on file)
• This legislation would authorize the County to advance refund all, or a portion of, the outstanding general obligation bonds for the 1992A, 1992B, 1994 and 1995 bond issues of the County and would authorize the issuance of up to $100,000,000 in serial bonds.
• By refinancing estimated savings will be $1.9 million extendedover a four year period.
• The Committee requested a schedule of outstanding bonds.

On motion of Legislator Kaplowitz, seconded by Legislator Carsky, the motion to approve this item was carried by a vote of 7-0.

• This item has been discussed in previous meetings, signed out by B&A and recommitted at the September 28, 1998 Board meeting.
• The Commissioner stated that if we do not have bond counsel in place by the next Board meeting we cannot sell bonds, the sale would have to be cancelled.
• Mrs. Carsky inquired as to the benefit of having more than one firm designated as bond counsel. Mr. Wishnie stated that according to the County Attorney, several firms have been designated for competitive purposes. Commissioner Pucillo stated that the County has been using several bond counsels for the past year and has not experienced any conflicting problems.

• Mr. Young stated that he has previously stated, in detail, his concerns with the process and although some adjustments have been made, inclusion of a minority firm is only for the remainder of the year. He further stated that he has some other concerns with regard to the philosophy of how the firms were chosen. His questions have yet to be answered by the Administration and therefore will not be supporting the legislation.

• The County’s Triple A bond rating could be in jeopardy if bond counsel is not put into place.
• Mr. Kaplowitz suggested that the Committee move forward with this legislation today with the stipulation of changing the dates of the term of the agreement. Commissioner Pucillo stated that the fees were negotiated on the terms of the contract and changing the date would substantially alter the agreement.

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MINUTES – OCTOBER 14, 1998

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• Mrs. Stewart-Cousins stated that the legislation could be signed out today and the date could be amended on the floor of the Board on Monday. Commissioner Pucillo stated that the date of the agreement cannot be changed without agreement of bond counsel.

On motion of Legislator LaMotte, seconded by Legislator Carsky, the motion to approve this item was carried by a vote of 7-0 with all Committee members signing "Without Prejudice".

• This act would increase the appropriation of the 1998 Water District No. 1 Operating Budget by $2,031,000 which will be funded through the increased department revenue.
• The County challenged increased water rates imposed by NYC and withheld payment for excess consumption charges. The County challenged the City’s authority to unilaterally set water rates. The supreme Court ruled that the DEC is authorized to fix fair and reasonable rates for water and that the DEC is authorized to resolve any dispute as to methods of calculation for consumers outside of NYC. As the County has exhausted all appropriate levels of appeal, the County is compelled to pay the outstanding excess consumption charges.

• There will be a zero tax levy impact on General Fund and the Water District.

On motion of Legislator Swanson, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 6-0 (Legislator LaMotte out for vote).

• (57 d): Transfers in departmental appropriations in the 1998 County Operating Budget in the amount of $4,660,000.
• An increase of $190,000 is required in the Overtime account of the Department of Public Safety to enable the department to correct its accounting treatment of overtime expenses but will not affect the amount of overtime incurred. This proposed adjustment was reflected in the Second Quarter Forecast.

COMMITTEE ON BUDGET & APPROPRIATIONS

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• An increase of $4,100,000 is needed in the Health Department Education and Transportation Program based on projected program usage identified in the Second Quarter Forecast.
• An increase of $250,000 in the Law Department litigation account and $120,000 in contractual services is also requested.

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

• (57c): An increase in appropriations in the 1998 County Clerk Operating Budget by $377,850.
• This amendment is necessary due to the number of legal documents that the County Clerk’s office is processing in 1998. The increase in documents that are received and filed has resulted in an increase in the amount of revenue collected by the County Clerk’s office. This revenue is projected to offset the unanticipated increase in expenditures.
• The increase in the Annual Regular account is required to cover the salary costs for a position transferred to the department during 1998.
• The Committee requested information as to whether or not the County Clerk’s Office made their projections last year.

On motion of Legislator Carsky, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 6-0 with Legislators Swanson, Young, Stewart-Cousins and Kaplowitz signing "Without Prejudice". (Legislator LaMotte out for vote)

Committee will discuss Bond Acts at their next meeting (Monday, October 19^th, 10:00 a.m.)

There being no further items for discussion, on motion of Legislator Stewart-Cousins, seconded by Legislator Carsky, the meeting was adjourned at 11:45 a.m.