COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES

JUNE 29, 1998

ATTENDANCE:

Chairman Latimer called the meeting to order at 10:15 a.m.

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

• Ministerial corrections (typographical errors) which were discussed at the last meeting were made.
• Ms. Zeman sent a memo clarifying the fact that the title, Deputy Purchasing Agent Grade XIII should be listed in the "Deletion" column because the title is being deleted from Job Group XIII and being added to Job Group XIV. Otherwise the title would be allocated at both job groups.

On motion of Legislator Kaplowitz, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 8-0; with Legislators Mosiello, LaMotte, Young and Swanson signing "Without Prejudice"

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• Bankruptcy proceeding brought by Stephen S. Gray as Creditors’ Trustee of debtor, Business Express, Inc. This act would authorize payment by the County of an amount not to exceed $20,023.70
• Business Express, Inc. operated at the County Airport in 1995 and paid the Airport for ground handling, parking fees and permits. According to DOT, the debtor had difficulty paying for costs incurred at the Airport. They made two payments ($30,573.85 and $2,799.00) which are the subject of the bankruptcy proceeding.

• The Bankruptcy Code allows the debtor to recoup those payments of prior debts which were made less than 90 days prior to the date of the filing of the petition.
• In settlement discussions the settlement payment to be made by the county was reduced to $20,023.70

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

8. Proposed Act authorizing the County Attorney to settle the lawsuit of Devorah Wilborne, County of Westchester, Pennsylvania Lines, Inc. & the Port Authority of New York and New Jersey. (6/15/98)

• Ms. Wilborne, a civilian employee of he NYC Police Department was a passenger in a police van which was struck by an articulated bus leased to the County of Westchester by the Port Authority of New York ad operated by a Liberty Lines bus driver.
• Pursuant to their agreement, the County is required to indemnify Liberty Lines for all damages, claims, costs and judgments for negligence arising directly out of bus operating services provided by Liberty Lines under the agreement.

• Ms. Wilborne claims that as a result of the impact she bounced inside the van, striking her head on the ceiling, and was thrown from her seat landing on the floor of the van. A police report was filed at the 46^th Precinct. She did not seek medical treatment until the following day at Montefiore Hospital’s emergency Room for neck and back injuries.

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• Ms. Wilborne received follow-up care from a neurologist and then a neurosurgeon.
• Ms. Wilborne has identified three witnesses to the alleged accident who were passengers in the police van. Liberty Lines has no record of an accident having occurred on the date or time alleged and the driver of the articulated bus has no recollection of an accident with any other vehicle.
• Recommendation is that this case be settled for $150,000 by payment to Devorah Wilborne by the County of Westchester for $100,000 and by payment from the excess insurance carrier American International Group Technical Services Inc. (AIG) in the amount of $50,000.

• Legislator Kaplowitz disclosed that he is an Agent of AIG but has no dealings with this division. Mr. Scheinkman opined that it was proper for Mr. Kaplowitz to make the disclosure but he is free to vote on the issue.

• Legislator Stewart-Cousins asked that statistics on the number of accidents for articulated buses as opposed to other buses as well as how many accidents have happened whereby the drivers have been unaware of or have no recollection of be obtained from DOT (# of accidents by vehicle type & # of passengers by mile). Legislator Kaplowitz asked for information on how much the articulated buses make or save the County in comparison to regular buses?
• Mr. Boland informed the Committee that the former County Attorney previously opined that the articulated buses have more accidents than regular buses.

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

Health Committee Chairman Abinanti called the HMC portion of the meeting to order at 11:00 a.m.

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14. Ten (10) agreements between the County and WCHCC:

Reference 1: Pursuant to a 1995 agreement with AT&T Corp., AT&T pays the County commissions for the privilege of providing long distance services for pay telephones at various County locations. Under this proposed agreement, the County will remit to WCHCC that portion of revenues earned by the County attributable to long distance calls made from pay & patient telephones located in the facilities leased to WCHCC.

The exact amount will be determined by actual usage.

Ms. Tooher will get back to the Committees with the budgeted amount of revenue from AT&T for long distance lines.

Reference 2: County will furnish support services (automotive services, graphic, copying and print services, telecommunications services and mail delivery) to WCHCC.

The amounts were arrived at by evaluating the county cost & actual usage of those services for the last few years.

Legislator LaMotte asked why the hospital doesn’t buy these services for themselves – why are we contracting for them? Ms. Tooher explained that it was done this way to create the least amount of disruption of services and operations for the first year.

Reference 3: WCHCC will provide laundry services and employee physical exams for Westchester Community College from 1/1/98-12/31/98 for an amount not to exceed $9,000.

Reference 4: WCHCC will provide primary care and dental care for Westchester, Rockland, and Putnam county individuals with HIV/AIDS under the terms of two agreements. The funds for both agreements represent federal grant money that the County receives from the City of New York through separate agreement between the city and the county as part of the Ryan White AIDS funding.

First agreement shall have a term of 1/1/98 through 2/28/98

Second agreement shall have a term of 3/1/98 through 2/28/99

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Reference 5: County will provide a bus shuttle service running between various facilities at WCHCC for a fee payable to the County in the amount of $151,339.

Reference 6: County will provide records storage and retrieval services to WCHCC for a total fee payable to the County not to exceed $60,000 for 1/1/98-12/31/98.

Reference 7: WCHCC will provide psychological exams on an as needed basis for probation officer trainees to aid the Department of Probation in assessing the psychological fitness of a trainee to carry a firearm.

Reference 8: County will provide services of its Department of Labs & Research to WCHCC for $400,000 for 1/1/98-12/31/98.

Reference 9: WCHCC will provide laundry services for the Department of Corrections from 1/1/98-12/31/98 at a cost not to exceed $187,000. County will transport laundry to and from WCHCC’s laundry facilities.

Reference 10: WCHCC will provide services for the Physically Handicapped Children’s Program and early intervention services for infants and toddlers with disabilities and services to preschool aged children for an annual fee not to exceed $400,000.

16. Four (4) agreements:

Reference 1: County will provide roads and grounds maintenance to WCHCC 1/1/98-12/31/98. WCHCC will pay the county $359,900. This item does not have any impact on validity of ongoing negotiations. It is in the best interest of county to make sure roads & grounds are properly maintained.

Reference 2: WCHCC will provide mental health services to mentally retarded/developmentally disabled children, adults and their families and medically supervised drug free outpatient program for adolescents for 1/1/98-12/31/98 in an amount not to exceed $2,610,695.

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Reference 3: County will provide to WCHCC employee Assistance Program Services.

Reference 4: WCHCC shall provide medical/physical exams for employees of the Department of Public Safety 1/1/98-12/31/98. WCHCC will also provide psychological evaluations of applicants for police officer and park ranger positions.

On motion of Legislator Carsky, seconded by Legislator LaMotte, the motion to approve item 14 (References 1-10) was carried by a vote of 9-0.

On motion of Legislator Carsky, seconded by Legislator Latimer, the motion to approve item 16 (References 1-4) was carried by a vote of 9-0.

On motion of Legislator Stewart-Cousins, seconded by Legislator LaMotte, the motion to approve item 14 (References 1-10) was carried by a vote of 5-0.

On motion of Legislator LaMotte, seconded by Legislator Stewart-Cousins, the motion to approve item 16 (References 1-4) was carried by a vote of 5-0.

EMSA:

EMSA Contract would have expired at the end of the year. The previous Administration extended EMSA for 6months into 1998. The new Administration determined that sending out an RFP would have cost more money than the contract itself on the front-end. Under the contract EMSA is required to provide all necessary inmate meds.

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

• Intention of present Administration is to orderly downsize county operations

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• Save money because most people retiring would be at the top of the grade (step 5) whereby new people coming in would be at a lesser step within the grade.

• Eligibility: Must be at least 50 with 10 years of service credit or at least age 70 with 5 years of service credit.
• Incentive Positions: Elimination of positions of employees receiving retirement incentive is not necessary is there is a plan for a minimum of 50% savings in the replacement employees’ base salary over the two year period following the employees’ retirement.

• Incentive Benefit: 1 month’s additional service credit for each year of credited service with a maximum credit of 36 months. There is a penalty for retiring prior to the normal retirement age as defined by each Tier.
• Open Period: No less than 30 days and no more than 90 days.
• Incentive Cost: employers can pay the cost either in one lump sum or in 5 annual installments with the first payment due 12/15/99.
• Exclusions: elected officials; appointed members of agencies, boards or commissions of participating employees any of whose members are appointed by the Governor, or another state officer or body; Chief Administrative Officers of participating employers that participate in a teachers retirement system; acting village justices and judges or justices appointed to or serving in a court of record.

• This matter will be discussed further at a future Budget meeting.

On motion of Legislator Carsky, seconded by Legislator Abinanti, the motion to approve the Minutes of June 15, 1998 was carried by a vote of 9-0.

On motion of Legislator Abinanti, seconded by Legislator Kaplowitz, the motion to approve the Minutes of June 22, 1998 was carried by a vote of 9-0.

A&C CALENDAR: Mr. Boland reviewed the July 2, 1998 A&C Calendar with the Committee.

ADJOURNMENT: There being no further items for discussion, on motion of Legislator Kaplowitz, seconded by Legislator Swanson, the meeting was adjourned at 12:25 p.m.