COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES

FEBRUARY 17, 1998

ATTENDANCE:

B & A MEMBERS: Wishnie, Carsky, Kaplowitz, LaMotte, Mosiello, Stewart-Cousins, Swanson, Young

OTHERS: C.E.’s Office: Barbara Fratianni, Bill Randolph; Budget Dept: Budget Director Kate Tooher, Leslie Bennett; CBAC: George Hosey; Health Dept.: Dr. Adel, Patsy Yang-Lewis; General Services: Joe Phelan, Beau Scelza, Michael Variano; BOL: Don Sandford; Robert J. Boland, Tina Seckerson

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

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

MINUTES: On motion of Legislator Stewart-Cousins, seconded by Legislator Kaplowitz, the motion to approve the Minutes of February 9, 1998 was carried by a vote of 8-0.

6. COUNTY EXECUTIVE: Tax Apportionment: Forwarding legislation fixing the tax distribution spreadsheets and determining the amounts of county taxes to be levied against the various towns and cities together with the warrants for the collection of such taxes. (1/26/98)

• The Finance Department prepares the Acts fixing the tax distribution spreadsheets and determines the amounts of County taxes to be levied against the various towns and cities together with warrants for the collection of such taxes. After approval they are sent out by the Clerk of the Board of Legislators.
• Mrs. Swanson asked if the amounts are inclusive of the MTA numbers. Ms. Bennett stated that they are.
• **The Committee will send a memo requesting a copy of the MTA contract for clarification purposes.

On motion of Legislator Carsky, seconded by Legislator Swanson, the motion to approve this item was carried by a vote of 8-0.

COMMITTEE ON BUDGET & APPROPRIATIONS

MINUTES - JANUARY 17, 1998

PAGE 2

11. COUNTY ATTORNEY: Lawsuit Settlement: Proposed Act authorizing the County Attorney to settle the lawsuit of Michael Kowalczk against the County of Westchester Liberty Lines Transit, Inc. Donald Munroe. (1/26/98)

• Mr. Scheinkman briefed the Committee on the case. This is an action brought by Michael Kowalczk for monetary damages for personal injuries allegedly sustained by Mr. Kowalczk when a County owned bus operated by Liberty Lines Transit, Inc. ran over his right arm after he exited the bus, causing permanent disfigurement of his dominant arm and hand.
• The settlement includes payment in the amount of $200,000.00 to Michael Kowalczk which would be comprised of a $100,000.00 contribution by the County of Westchester and $100,000.00 from American International Group Technical Services Inc. (AIG) which provides excess insurance liability for the County’s buses operated by Liberty Lines.
• Mr. Scheinkman stated that Mr. Kowalczk has received approximately $33,000.00 in no fault benefits under the County’s self-insurance retention fund. He explained that in matters such as these the County pays the first $100,000.00 of any claim and then there is an excess insurer who is responsible for above $100,000.00. So, the County’s actual additional would be approximately $66,000.00.
• Mr. Wishnie stressed his concern that the County is under an obligation to indemnify Liberty Lines for all damages, claim costs and judgments of negligence arising out of the operation of the buses. He asked if Liberty Lines is fined at all.
• Mr. Scheinkman stated that it is the driver’s responsibility to safely operate the bus equipment. There was some type of disciplinary proceeding indicated by the fact that there was a hearing. He will look into the matter of whether or not Liberty Lines was fined. He stated that he was disturbed that no effort was made to make a claim against the manufacturer of the bus. If the equipment was not operable due to a defect in the apparatus then it would seem to be the manufacturer’s responsibility and they should have been brought into the case. He is looking into this now but suspects that it is probably too late. He informed the Committee that these matters are not handled through the County Attorney’s office but instead through a designated law firm for bus cases and his office only hears about them when the settlements come around. type.
• Mrs. LaMotte suggested that perhaps there should be a check list that has to be met before the bus is put out on the street to insure that all equipment is working properly.

COMMITTEE ON BUDGET & APPROPRIATIONS

MINUTES - JANUARY 17, 1998

PAGE 3

• Mr. Kaplowitz disclosed that he uses AIG’s products in his business.
• The County Attorney opined that it would proper for Mr. Kaplowitz to recuse himself from the vote.

On motion of Legislator Carsky, seconded by Legislator Swanson, the motion to approve this item was carried by a vote of 8-0.

13. COUNTY EXECUTIVE: Appointment of Bond Counsel: Authorizing the County to enter into agreements with Whitman Breed Abbott & Morgan, LLP,

• Mr. Scheinkman explained that the bond counsel authority expired as of the end of January of this year. This is a request for interim authority. In conjunction with Finance the Law Department is working on a Request for Proposal to go out to the community for bond counsel assistance. After responses come back and they are evaluated they will come back to the Board and advise them as to what they are.
• Mr. Scheinkman stated that he felt it was appropriate at this time to include some additional firms in the loop. He included four firms on the list: Whitman Breed (existing bond counsel); Hawkins, Delafield (represented the County in bond matters previously); Wilkie, Farr (they have expressed interest and represent a number of major political sub-divisions of local municipalities); and McKenzie, McGhee (Minority law firm that has served as bond counsel to the Florida Housing Finance Agency, New York State Housing Finance Agency, the Dormitory Authority of New York, Connecticut, & the City of Baltimore, and others).
• Legislation asks for a limit of up to $100,000.
• Mr. Scheinkman stated that they will divide the bond work among these four firms so as to have some basis to choose from should they appear on the RFP list.
• Mrs. Carsky stated that she feels that this is an appropriate way to go out and secure bond counsel.

COMMITTEE ON BUDGET & APPROPRIATIONS

MINUTES - FEBRUARY 17, 1998

PAGE 4

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

7. COUNTY EXECUTIVE: Lease Amendment - 145 Huguenot Street: Proposed Local Law authorizing the County to amend a lease with Rotterdam Ventures, Inc. to provide for alternative parking facilities in conjunction with the lease of space at 145 Huguenot Street, New Rochelle. (1/26/98)

• Mr. Scheinkman stated that back in April this lease was approved by the Board of Legislators and authorized by the Board of Acquisition and Contract. In August the landlord advised the County that the City of New Rochelle was going to be demolishing the parking garage and that the 217 spaces that were part of the lease would then not be existent. They then proposed a solution which would have provided another 217 spaces with a provision that said if that didn’t happen they would then pay the County $125,000, legislation was prepared and submitted based on this preface. Mr. Scheinkman stated that at the time the legislation was prepared he had only been in office for three weeks and was unaware of the full background of this matter and had not seen Legislator Carsky’s October letter and it did not come until his attention until recently. He stated that he believes Legislator Carsky’s October letter raises a number of very valid points that require some further explanation.
• Mr. Scheinkman stated that there is some question as to whether the County is still entitled to the $125,000 as well as the possibility that the County may be entitled t cancel the lease. He stated that both branches of government need to look into this matter further.
• Mr. Mosiello stressed his concern that the Board needs to know not when the Administration decides what to do, but now during the thought process so as to allow for some legislative input.
• The parking garage is due to be demolished sometime in March.
• Mrs. Carsky stated that she believes there is more than 1 or 2 alternatives to resolve the situation.
• The Committee will discuss this matter further.

COMMITTEE ON BUDGET & APPROPRIATIONS

MINUTES - FEBRUARY 17, 1998

PAGE 5

Mr. Boland reviewed the February 11, 1998 A&C Calendar (on file) with the Committee. Included in his review were the following points:

• Item (1) Re: funding for Student Assistance Services for the "ROADDD" Program: memo was sent by Budget Chairman Wishnie requesting information with regard to possible additional funding to make the 1997 program whole.
• Item (4) Re: Request for the BOL to enter into an agreement with Perry Ochacher for lobbying and technical services - Approved
• Item (6) Re: Household chemical Clean-up Day: The County will receive an estimated 50% of the cost back from the state. The cost per day was estimated at $70,000. Mr. Boland stated that the cost figure he received was $136,000. Ms. Bennett stated that the $136,000 reflected a three day contract. She further stated that $70,000 per day sounded corrected and includes contract costs, overtime, and advertising, but does not reflect the application for state aid. Mrs. LaMotte stated that she would like to see the possibility of a permanent site considered. Mr. Kaplowitz informed everyone that the Environment Committee has a sub-committee, headed by Legislator Pinto, that will deal with this issue.
• Item (8) Re: authority to enter into a license agreement with Funtastic Amusements, Inc. to operate a souvenir stand at Playland. This matter was laid over pending answers to some questions.
• Item (9) Re: authority to enter into a lease agreement with the Town of North Castle for the continued rental of vacant land on the Bronx River Parkway for use as a commuter parking facility. Mr. Boland informed the Committee that this item was approved and has been in practice for approximately 15 years. The Committee members expressed concern about whether this is appropriate use of parkland. Ms. Tooher stated that this practice goes back to 1977-78 and would be a great research project for someone in the Law Department. **On behalf of the Committee, Mr. Wishnie will send a memo to the Environment Committee alerting them to this matter, the Budget Committee’s opposition to it and asking them to take whatever action is appropriate. Mrs. Carsky informed the Committee that subsequent requests for using other sites along the Bronx River Parkway for parking purposes have been refused.
• Item (20) Re: authority to amend a 12/4/97 Resolution to extend a contract with Leake & Watts Services, Inc. for services at Woodfield Cottage. This item was laid over pending answers to questions.

COMMITTEE ON BUDGET & APPROPRIATIONS

MINUTES - FEBRUARY 17, 1998

PAGE 6

• Item (26) Re: Contract for Airport Runway 16/34 rehabilitation. Mr. Boland informed the Committee that this project will entail round-the-clock construction, due to begin in May, which will require closure of the Airport for 1 week. At the A&C meeting, Mr. Latimer asked that adequate notice of the closure be given and signs posted. Ms. Tooher informed the Committee that the cost for any work directly related to the Airport comes out of Airport Operations.

5. COUNTY EXECUTIVE: Commissioners’ Report: forwarding the 1997 Westchester County Tax Commissioners’ Report. (1/26/98)

On motion of Legislator Carsky, seconded by Legislator Swanson, the motion to Receive and File this item was carried by a vote of 8-0.

10. HON. KATHERINE CARSKY: Citizen Budget Advisory Committee:

Forwarding the report of the Citizen Budget Advisory Committee regarding the 1998 County Budget. (1/26/98)

On motion of Legislator Carsky, seconded by Legislator LaMotte, the motion to Receive and File this item was carried by a vote of 8-0.

Mr. Wishnie reminded the Committee that there is one vacancy on the CBAC and asked that they forward resumes for any potential candidates asap.

The Committee will meet on Monday, February 23rd at 10:00 a.m. to discuss Bond Acts (Infrastructure) III A - 7.

There being no further items for discussion, on motion of Legislator Mosiello, seconded by Legislator LaMotte, the meeting was adjourned at 11:20 a.m.