COMMITTEE ON BUDGET AND APPROPRIATIONS

MARCH 16, 1998

MINUTES

ATTENDANCE:

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

OTHERS: CE’s Office: Bill Randolph, Norman Jacknis, Barbara Fratianni; Budget: Director Kate Tooher, Dianne Kearney; Meredith Glenn, Law Department County Attorney, Alan Scheinkman, Carl McGovern, Planning: Fran McLaughlin; Planning Board, George Ilse; CBAC: George Hosey, Barbara Strauss; LWV: Anne Nelson, Jo Brill, BOL: Robert Boland

Chairman Wishnie called the meeting to order at 10:35 a.m.

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

Minutes: Upon motion by Legislator Kaplowitz, seconded by Legislator Swanson, the Minutes of the March 9, 1998 meeting were approved by a vote of 7-0.

E911 Legislation, Item 11A- Norman Jacknis, CIO, stated that the IMA’s with the municipalities are expiring and need to be renewed. The money for operating the system does not come from taxpayer money but from the surcharge of 35 cents per line. Two items have to be approved; the IMA agreement with the municipalities and a five-year agreement with Bell Atlantic. The total amount of the contract is $98,245 per month.

Legislator Kaplowitz- We took up the matter of exploring any technological changes with the E911 program in the Public Safety Committee. A letter was also sent to the administration regarding a meeting with Bell Atlantic, to determine options to reduce the PSAP’s and to put on an informational line, 311.

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Mr. Jacknis- The 311 in other places is used for lesser emergencies but under state law it has to be used for emergencies. As far as other technological changes, we are exploring changes with Bell Atlantic but the system is relatively sophisticated to meet our needs which is to get the call out to the various calling points.

Chairman Wishnie reiterated Legislator Kaplowitz’s concern that since so many non-emergency calls are made to 911, we should explore the possibilities under state law for the county to utilize a 311 number. The county should investigate whether state legislation would be required to implement a 311 number to be used in the county.

Legislator Swanson questioned the fee paid to Bell Atlantic. Mr. Jacknis stated that the $98,245 is the monthly service charge provided to run the E911 system. Mr. Jacknis also stated that the county is on a critical time path relative to the agreements.

Legislator Carsky- We know that more than $1.2 million annually is collected monthly. Since we take approximately $2.4 million, it appears that we have a surplus. What is the total amount collected annually and how is the differential used?

Mr. Jacknis- As a result of previous discussion in Public Safety Committee, there is a sizable surplus and he asked the County Attorney for an opinion on the use of the money for other purposes.

Budget Director Tooher- There have been some questions about past expenditures and we are in the process of evaluating the charges and revenues over the last five years to determine how the monies were spent. The report on the fund balance in E911 will be presented to the committee by the end of April as required by statute.

County Attorney Alan Scheinkman said that money can be used for system costs, operations and maintenance of the system. The interest that is earned on the surplus in the E911 account can be used for general county purposes.

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Mr. Jacknis - After the County Attorney completes his analysis of the law relative to the use of the surplus, he will go back to the Board with a plan for the appropriate use of the money.

Bob Boland-Stated that his understanding of the law is that debt service for 911 projects could be charged against the 911 account and expenditures from the 911 account must be approved by the Board of Legislators.

Legislator Kaplowitz questioned the amount of the contract with Bell Atlantic as to whether the contract amount was the same or had it increased or changed in any form. Mr. Jacknis said that will all be part of the April report by the Budget Department.

Legislator LaMotte-Suggested that the Board separate the IMA’s from the Bell Atlantic lease.

Legislator Wishnie- Stated that one of his colleagues, Legislator Abinanti, would like to see the actual IMA before the County enters into such agreement.

County Attorney Scheinkman- Historically, the law department has been reluctant to give the Board the exact terms of the IMA because even the slightest amendment would require legislative action by the Board. The County Attorney would be willing to give the substance of the deal, the major view points, unless the Board wants to approve a precise document. Mr. Scheinkman stated he would be willing to give a draft document for BOL approval or, if there is a request for a finer print document, give that also.

Legislator Abinanti-Suggested that the County Attorney look at the section of the law for it was his belief that it requires that the BOL approve the agreement. Mr. Abinanti realized that there was a problem but saw nothing wrong with giving the County Executive the authority to negotiate the IMA’s. Mr. Abinanti believes that there has to be a second step; that it has to come back for specific approval or at a minimum that we pass legislation that says

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the BOL approves the attached agreement "substantially in the form" attached. In that manner, if there are minor details they can be changed by the County Attorney but it would not change the basic agreement.

Motion made by Legislator LaMotte, seconded by Legislator Kaplowitz to vote on the Act which would authorize the County Executive to send out the IMAs with the 51 municipalities. The lease with Bell Atlantic is a separate Resolution which the Board will deal with pending the response to the

questions raised by members of the committee to the County Attorney and Mr. Jacknis Motion carried 9-0.

Settlement of Lawsuits-Items 22, 25, 26 -

Item 22- Kaplan v. County of Westchester

Item 25- Amatulli v. Roe and the County of Westchester

Item 26- Castillo v. Fillis, Small, Golden and the County of Westchester

After some initial discussion of the cases, the Board adjourned into Executive Session upon motion by Legislator Carsky, seconded by Legislator LaMotte

at approximately 11:14 a.m. to further discuss details of the settlement of the individual cases with the County Attorney Alan Scheinkman.

County Attorney Scheinkman stated that the three named lawsuits are being settled for less than the reserve that was set for them by his predecessor.

Chairman Wishnie suggested that the County Executive might consider sending a letter to each employee and each elected official what the new administration hopes to achieve relative to the law is in the area of sexual harassment and bias in the workplace and what is expected of each county employee regarding same.

The meeting reconvened at 11:43 a.m. A motion to approve the settlements on the three lawsuits, above mentioned, was made by Legislator Abinanti and seconded by Legislator LaMotte. Motion carried 9-0.

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Bond Acts -Items 28-41- Budget Director and Budget Analyst, Diane Kearney reviewed the Bond Acts which would complete the package of 42 Bond Acts that were submitted to the BOL for approval.

Votes on Bond Acts:

Bond Act 28, Blind Brook WWTP Automation $ 500,000

Motion by Swanson, seconded Kaplowitz; passed 6-0

Legislators Abinanti, Stewart-Cousins and Young out for vote

Bond Act 29; Blind Brook Sewer Rehab $1,300,000

Motion by Abinanti, seconded Kaplowitz; passed 9-0

Bond Act 30; Mamaroneck WWTP Automation $ 500,000

Motion by Swanson, seconded Kaplowitz; passed 7-0

Legislators Stewart-Cousins and Young out for vote

Bond Act 31; Mamaroneck Sewer Rehab $ 400,000

Motion by Carsky, seconded Abinanti; passed 8-0

Legislator Young out for vote

Bond Act 32; New Rochelle WWTP Automation $ 500,000

Motion by Swanson, seconded Kaplowitz; passed 7-0

Legislators Stewart-Cousins and Young out for vote

Bond Act 33, New Rochelle Pump Station $1,400,000

Motion by Abinanti, seconded Wishnie; passed 8-0

Legislator Young out for vote

Bond Act 34, Ossining WWTP Automation $ 600,000

Motion by Swanson, seconded Kaplowitz; passed 7-0

Legislators Stewart-Cousins and Young out for vote

Bond Act 35, Ossining WWTP Incinerator $3,300,000

Motion by Wishnie, seconded Abinanti; passed 8-0

Legislator Young out for vote

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Bond Act 36, Peekskill WWTP Automation $ 600,000

Motion by Swanson, seconded Kaplowitz; passed 7-0

Legislators Stewart-Cousins and Young out for vote

Bond Act 37, Port Chester WWTP Automation $1,250,000

Motion by Swanson, seconded Kaplowitz; passed 7-0

Legislators Stewart-Cousins and Young out for vote

Bond Act 38, Port Chester WWTP Furnace $4,700,000

Motion by Wishnie, seconded Abinanti; passed 8-0

Legislator Young out for vote

Bond Act 39, N. Yonkers Pump Sta. Automation $ 250,000

Motion by Swanson, seconded Kaplowitz; passed 8-0

Legislator Young out for vote

Bond Act 40, Yonkers JTP Burner Auto Igniter $ 500,000

Motion by Stewart-Cousins, seconded Swanson; passed 8-0

Legislator Young out for vote

Bond Act 41, Fuel Tank Replacement, WCC $ 575,000

Motion by Carsky, seconded LaMotte; passed 8-0

Legislator Young out for vote

Motion to adjourn meeting made by Legislator Abinanti, seconded by Legislator Carsky. Meeting adjourned at 12:24 p.m.