COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES

NOVEMBER 16, 1998

ATTENDANCE:

Chairman Wishnie called the meeting to order at 10:55 a.m.

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

On motion of Legislator LaMotte, seconded by Legislator Young, the motion to approve the Minutes of November 5, 1998 and November 9, 1998, was carried by a vote of 4-0. (Legislators Mosiello, Stewart-Cousins, Abinanti, Swanson and Young out for vote)

• Under the Order of Consent the County is ordered to commence design on sewer repairs by February 15, 1999 and a report from the County to the DEC must be given by January 1999.
• Notices of Hearing must go out tomorrow.
• The County Attorney gave a brief overview of the projects. (detail on file)

On motion of Legislator Kaplowitz, seconded by Legislator Abinanti, the motion to approve this item was carried by a vote of 9-0.

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At this point in the meeting, the Committee on Health and the Medical Center joined the Budget Committee for a joint discussion of several WCHCC agreements (Described below).

Attendance for the Health Committee was as follows: Abinanti, LaMotte, Swanson, Stewart-Cousins

Mr. Abinanti called the Health Committee meeting to order at 11:15 a.m.

• These agreements are part of a continuing series of separate contracts with the Medical Center which are unrelated to the main contract, transition agreement and lease. These agreements are for separate and distinct services that either the County provides to the Medical Center or they provide to the County. State legislation requires that all agreements with the Hospital Corporation be approved by the Board of Legislators. He stated that they are trying to move to multi-year agreements to try to simply the process and for cost control measures. It was not possible for 1998 so one year contracts (to exp0ire at the end of 1998) such as these have been approved throughout the year.

• Reference 1: Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for a term commencing January 1, 1998 through December 31, 1998 – Placement of Safety Net and Family Assistance Recipients in community work experience assignments.

• This does not involve revenue or expense.

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• Reference 2: Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for a term commencing January 1, 1998 through May 5, 1998 – Chaplaincy Services.

• Revenue to the County of approximately $9,200.00 for Chaplain services. The Chaplains are lodged in the Department of Health and the Medical Center will be paying the County for the services of the Chaplains it has utilized.

• Reference 3: Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for a term commencing January 1, 1998 through December 31, 2000 – Referral of Department of Health patients in need of emergency medical services and treatment to the WCHCC.

• This does not involve the payment of funds by the County.
• The Health Department will be referring patients to the Medical Center for emergency room services and they will accept payment from the patient (check, insurance, Medicaid or Medicare as applicable)
• This agreement is non-exclusive and is typical of the agreements has with many hospitals whereby the Health Department refers patients.

• Reference 4: Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for a term commencing January 1, 1998 through December 31, 1998 – County, through its Department of Social Services, shall assign for employment on the premises of WCHCC County employees whose sole duty shall be to accept and process applications for Medicaid for persons seeking medical assistance from WCHCC.

• Revenue to the County.
• We have workers from DSS whose duty it is to accept and process Medicaid applications for persons seeking medical assistance. The Medical Center will pay the County monthly for having those employees over there.

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• Reference 5: Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for a term commencing January 1, 1998 through December 31, 2000 – Referral of patients for tuberculosis-related services and where inpatient detention is mandated, those tuberculosis patients as required by State Law and through Court Order.

• Revenue to the Medical Center for tuberculosis related services and inpatient detention where it is mandated by law. Where there is a court order the Health Department has to take action to detain these people so as not to create a public health risk. They have always gone to the Medical Center. The County pays for this but gets reimbursed under a state aid formula. A historic program where Medicare rates are applicable.

• Reference 6: Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for a term commencing January 1, 1998 through December 31, 2000 – Referral of late syphilis patients for diagnosis by lumbar puncture.

• Health Department refers late syphilis patients for diagnosis to the Medical Center. (similar to Reference 5)

• Reference 7: Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for a term commencing January 1, 1998 through December 31, 2002 – Assignment of students who are pursuing a degree or certificate program of study in the health care field to WCHCC for supervised clinical education.

• A non-revenue item.
• A referral of students from WCC who are pursuing studies in the health care field to WCHCC for supervised clinical education.
• There are indemnification provisions included.

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• Reference 8: Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for a term commencing January 1, 1998 through December 31, 2000 – Provision of Volunteer Family Advocates and Volunteer Surrogate parents for Children aged two years or younger.

• This is a pass through of a state grant where they provide Volunteer Family Advocates and Volunteer Surrogate parents for children of two years of age or under through a referral from the Health Department.
• This program is entirely funded by state aid.

• Reference 9: Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for a term commencing January 1, 1998 through December 31, 1998 – Provision of therapeutic and counseling services for children in foster care.

• A payment item by the County to WCHCC for therapeutic and counseling services for children in foster care.
• We pay Medicaid rates for this long-time County program which is handled by contract.

• Reference 10: Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for a term commencing January 1, 1998 through December 31, 1998 – In-Patient Medical Services for residents of Woodfield Cottage.

• Medical service for children at Woodfield Cottage.
• Historic program which was previously a budget item that is now a contract item.
• Medicaid rates are applicable.

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• Reference 11: Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for a term commencing January 1, 1998 through December 31, 1998 – Health assessments – Office of the District Attorney.

• Health assessments as required by the District Attorney’s Office at agreed rates.

• Reference 12: Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for a term commencing January 1, 1998 through December 31, 1998 – Health assessments, including tests and screenings as required by the Department of Labs and Research.

• Health assessment as required by Labs & Research at an agreed fee schedule.

• Reference 13: Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for a term commencing January 1, 1998 through December 31, 1998 – Comprehensive family assessments of families who have been identified by the Department of Social Services as being at risk of having one or more children removed from their care.

• This is a payment by the County to WCHCC not to exceed $95,000.

• Reference 14: Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for a term commencing January 1, 1998 through December 31, 1998 – Psycho-Social Assessments – Foster Care.

• We pay WCHCC a fee not to exceed approximately $400,000.
• This, as is the case with the aforementioned programs, are all traditional County programs which were previously handled within the budget but because we are now dealing with a separate corporation they are being handled by these agreements.

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• Reference 15: Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for a term commencing January 1, 1998 through December 31, 1998 – Dietary Staff.

• This deals with the formal contract for the 63 dietary workers. The actual number that came back was about 28. Therefore, the cost would be well under the not to exceed amount ($2,107,306).
• This is a two year agreement because it was a matter of prior discussion and involvement with the Board.

• Mr. Mosiello asked if the Board will be receiving a comprehensive listing of all of the County’s agreements with WCHCC. Mr. Scheinkman responded that he will try to do that. The main agreement with the Hospital, the existing operating agreement, covers funding for 14 public service areas that are large groupings (i.e. the Burn Center, the WYHD, trauma aids, etc.). These are separate and distinct service agreements that are not encompassed within the boundaries of the master agreement. Mr. Scheinkman stated that these agreements are not placed in the master agreement because these may come and go over the next 8-9 years. In addition, there are plenty of them that will be subject to change. The predicate for these separate deals has been, and will continue to be, nobody makes money. We charge them our cost and they charge us their cost. These are not intended to be profit centers for either party. They would like to try to move to multi-year agreements. He stated that they will try to put together a list of the agreements inclusive of a cost and revenue summary.

• Mr. Kaplowitz inquired as to whether these separate agreements are subject to the normal procurement policy and RFP process. Mr. Scheinkman stated that they are not for a variety of reasons. A number of these are items of mutual independence and mutual dependence. A number of these items have state funding. By working with the Medical Center on this we can provide them with maintenance of effort, maintenance of existing project at no cost to us. They have been willing to recognize us as being entitled to Medicaid rates because we are the government and stand behind these things. There are other areas where if the County or the WCHCC pulled away each could cause severe hardship to the other. For example, currently we have a contract through 1998 for roads and grounds maintenance by

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• Mr. Scheinkman explained that they have talked about having a "heads-up" provision whereby each would give the other appropriate and substantial notice if they intended to do something different than what has historically been.

• Mrs. Carsky suggested that perhaps an auditor, hired by the Board, perform a periodic audit.

On motion of Legislator LaMotte, seconded by Legislator Kaplowitz, the motion to approve item II 55, inclusive of all of the agreements captioned above, was carried by a vote of 9-0.

On motion of Legislator LaMotte, seconded by Legislator Stewart-Cousins, the motion to approve item II 55, inclusive of all of the agreements captioned above, was carried by a vote of 4-0.

• (Reference 1): Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for the term commencing January 1, 1998 through December 31, 1998 whereby the County will provide inmate labor in the amount of $175,000.

• The agreement contains an option to renew for one additional year at the same rate.
• The current rate is $2.00 per day per inmate and $291.00 per day per Correction Officer.

• Mr. Young asked how the rate schedule was determined. Mr. Scheinkman responded that it was an amount agreed upon between the Correction Commissioner and the Financial Officer at the hospital. It reflects the costs to the County of providing some degree of sustenance to the inmate and does not require payment to the inmates.
• Mrs. Stewart-Cousins noted that the legislation indicates that they can extend the contract for another year at these rates and asked if it has been agreed upon to do so. Mr. Scheinkman responded that he was not sure but will get the information.
• The Committee will await further information before taking action.

• (Reference 2): Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for the term commencing January 1, 1998 through December 31, 1998 – mail, pharmacy, laundry and employee health services for the Department of Laboratories and Research.

• An amount not to exceed $14,000
• There is a one year option for this contract as well as the next two.

• (Reference 3): Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for a term commencing January 1, 1998 through December 31, 1998 – vending machines for the Department of Correction.

• Revenue for the County in the amount of $9,600.00

• (Reference 4): Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for a term commencing January 1, 1998 through December 31, 1998 – Vending Machines for the Department of Laboratories and Research.

• Revenue for the County.

• Mr. Kaplowitz asked if the Committee reports should make reference to the fact that these are exceptions to the Procurement Policy. Mr. Scheinkman stated that it is not necessary because under the state legislation we are entitled to contract freely with the Medical Center as the County sees fit.

Legislator LaMotte, seconded by Legislator Carsky, made a motion to approve item II 15, inclusive of all four references. After discussion, this motion was withdrawn and a new motion was made. On motion of Legislator LaMotte, seconded by Legislator Carsky, the motion to approve References 2, 3 & 4 of item II 15, was carried by a vote of 9-0.

Legislator LaMotte, seconded by Legislator Stewart-Cousins, made a motion to approve item II 15, inclusive of all four references. After discussion, this motion was withdrawn and a new motion was made. On motion of Legislator LaMotte, seconded by Legislator Stewart-Cousins, the motion to approve References 2, 3 & 4 of item II 15, was carried by a vote of 4-0.

There being no further items for discussion by the Health Committee, on motion of Legislator LaMotte, seconded by Legislator Stewart-Cousins, the Health Committee meeting was adjourned at 12:00 p.m.

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• Lawsuit filed against the County by inmate Philip A. Leslie at the Correctional facility complaining of malpractice regarding medical treatment.
• Since a County employee, Denise Oleska is named as a defendant and she is currently involved in an unrelated proceeding with the County wherein the County Attorney’s Office has taken a position adverse to that of Ms. Oleska, a conflict exists and outside counsel is necessary.
• Outside Counsel to be retained is Bruce Bozzman at $175 per hour, not to exceed $25,000.

On motion of Legislator Kaplowitz, seconded by Legislator Abinanti, the motion to approve this item was carried by a vote of 9-0 with Legislator Swanson signing "Without Prejudice".

IMA TOWN OF GREENBURGH:

• There is no cost to the County with this agreement.
• Mr. Abinanti stated his objection to receiving and being asked to act on the IMA authorization without first seeing the IMA agreement.

On motion of Legislator Abinanti, seconded by Legislator Swanson, the motion to approve this item was carried by a vote of 9-0 with Legislator LaMotte signing "Without Prejudice".

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IMA-CITY OF YONKERS-HIF FUND:

• This project was discussed in detail at the Community Affairs Committee meeting. The legislation was amended to include specific language and requirements regarding women and minority owned businesses and was signed out by CAH.
• The affordable housing project will consist of 62 two-family homes, each of which will contain two units: an ownership unit and a rental unit.
• The 2 family homes will sell for $183,185 to households at 65% of median income. The owners will rent the rental units located within the 2 family homes at 50% of the median income for Westchester in accordance with the requirements of the Housing Implementation Fund.
• The term of affordability will be 30 years.
• This legislation would authorize the issuance of bonds in the amount of $2,381,070. Additional funding will come from the NYS Affordable housing Corporation (43,100,000); developer/sponsor contribution ($350,000); developers’ fee funded by sales proceeds ($779,403) and construction loan ($10,228,039).

• This project has received the endorsement of the County Planning Board.

On motion of Legislator Stewart-Cousins, seconded by Legislator Young, the motion to approve this item was carried by a vote of 7-0 with Legislators Mosiello and Swanson out for vote.

• This is for Phase II of this project which is an environmental study.
• There has been a switch as to who is doing what in this project and this legislation will allow for that redistribution.

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On motion of Legislator Stewart-Cousins, seconded by Legislator Carsky, the motion to approve this item was carried by a vote of 6-0 with Legislators Mosiello, Young and Swanson out for vote.

On motion of Legislator Stewart-Cousins, seconded by Legislator Kaplowitz, the motion to Receive and File agenda items II 7, 1,, 12, 13, 14, 22 & 23 (captioned below) was carried by a vote of 6-0 with Legislators Swanson, Mosiello and Young out for the vote.

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• In April 1998 the BOL adopted a $1.2 million bond act to finance a new steam main connection for the Labs & Research buildings and Woodfield Cottage into the County’s central system at the Valhalla campus.
• DPW received bids in excess of the authorized amount. Authority to reject these bids and re-advertise was received from the Board of Acquisition and Contract and DPW made minor revisions to the scope to achieve cost savings. In the re-bid, the low bid still exceeded the bonded amount. DPW has determined that this low bid should be accepted in that the scope cannot be further reduced. It is requested that the amount being financed be increased by $400,000.

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

• To finance the closure of cells 1, 2, and 3A at the Sprout Brook Ash Landfill.
• The site is located in the Town of Cortlandt near the Putnam County border and consists of excavated pits or cells which are filled with ash from the Charles Point Solid Waste Resource Recovery Facility.
• This project is necessary to comply with regulations pertaining to the closure of these facilities.

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

7. COUNTY EXECUTIVE: Proposed Bond Act authorizing the issuance of $860,000 in bonds – Mount Vernon District Office renovation/infrastructure upgrades. (6/1/98)

• Bonding legislation is needed to fund infrastructure upgrades (design and construction) including rehabilitation to the building exterior, secondary window installation, cooling tower replacement, and improvements to the HVAC system and fire protection system.
• Commissioner Landi stated that this work is necessary to protect the integrity of the building.

On motion of Legislator LaMotte, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 6-0 with Legislators Mosiello, Young and Swanson out for vote.

• There was some question as to whether this responsibility falls to the County or the Village of Tuckahoe. Legislator Carsky requested a survey to determine.
• The Committee will discuss this matter further before taking any action.

There being no further items for discussion, on motion of Legislator Kaplowitz, seconded by Legislator Stewart-Cousins, the meeting was adjourned at 1:10 p.m.