COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES

JANUARY 20, 1999

 

ATTENDANCE:

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

OTHERS: Budget Dept.: Kate Tooher; CBAC: George Hosey; Law Dept.: County Attorney Alan Scheinkman; C.E.’s Office: Mike Wittenberg; BOL: Chris Chang, Sally Schecter; Robert J. Boland, Tina Seckerson

Chairman Wishnie called the meeting to order at 10:08 a.m.

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

AGENDA ITEMS:

13. COUNTY ATTORNEY: Compromise of Claims: Proposed Act authorizing the County Attorney to compromise claims of Westchester County for losses sustained through property damage. (1/4/99)
  • County of Westchester’s Claim against Con Edison: This claim is the result of an incident occurred on March 23, 1998 at the intersection of Pelham Parkway and Penn Place, in Pelham Manor. A primary power cable owned and maintained by Con Ed fell and damaged a traffic control signal owned & maintained by the County. Cost of replacement of the signal was $6,298.75. Con Ed offered to settle claim for $5,198.75 which Con Ed believes is the cost of the equipment on the open market. The cost of litigation will exceed the amount in dispute in this claim.
  • County of Westchester’s Claim against Paul Wharton/Amica Insurance Company: This claim is the result of an incident which occurred on August 26, 1998 on the Bronx River Parkway north of the Main Street bridge in the City of White Plains. Elinor Wharton was operating a vehicle owned by Paul Wharton when she allegedly slid on the wet pavement and struck the median guiderail. Several construction workers in the area stated that the guiderail had been struck on at least two recent occasions in the same area. The estimated cost of replacement of the guiderail is $1,369.02. The insurance carrier offered to settle the claim for $698.01; 50% of the estimated cost of replacement.

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

16. COUNTY ATTORNEY: Lawsuit Settlement: An Act authorizing the County to settle the action entitled In the Matter of the Application of Joseph M. Stancari, as Commissioner of the Department of Correction of the County of Westchester and the County of Westchester v. New York State Correctional Services, et al. (1/4/99)
  • The County Attorney explained that the State is under obligation to remove state-ready prisoners from the County’s facility.
  • State was warehousing prisoners in the County facility thereby costing County more money. Judge Silverman ruled that the State was to accept state-ready inmates within 14 days. The State failed to comply and held in contempt based upon its failure to accept state ready inmates within the 14 day time period for the period of October 1, 1991 through March 31, 1995. The matter was settled and the State paid the County $2,384,835.
  • The State was again held in contempt for failure to accept state ready inmates within the 14 day period for the period of April 23, 1995 through December 6, 1996. This matter was also settled. The State paid the County $992,372.
  • The County recently filed another Order to Show Cause on October 23, 1998 due to the State’s failure to timely accept state ready inmates within the requisite 14 day time period commencing December 7, 1996 through September 15, 1998. The County estimated that the State owed $681,500. Subsequent to that filing, a proposed settlement was reached. Under the proposed settlement the State has agreed to reimburse the County $600,000 in full within 60 days of being notified of the County's approval of the settlement. In addition the State agrees to reimburse the County for all medical and other expenses incurred by the County for those state ready inmates on medical hold who are unable to be transported to a State facility due to a medical condition, if the medical condition arises on or after the 14th day of notification by the County that the inmate is state ready.

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

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1. COUNTY EXECUTIVE: New York State Nurses Association Contract:

Forwarding the agreement reached with the New York Nurses Association for the period commencing March 31, 1996 and ending December 31, 2001. (Covering the County’s Health Department Nurses). (1/4/99)
  • Mr. Wittenberg briefed the Committee on the terms of the agreement.
  • There are 73 nurses who remain on the County payroll; 1350 were moved from the County payroll to the Health Care Corporation.
  • Mr. Wittenberg informed the Committee that bargaining began in early 1996 before a hiatus of approximately one year when it appeared that the Medical Center would be spun off. The Health Care Corporation negotiated its own nurses contract.
  • Appropriate comparison was agreed to be based on CSEA rather than the nurses at WCHCC.
  • This contract contains a 2% lump sum payment for each of two years; and four 3.5% increases and will expire at the same time as the CSEA contract.
  • Payroll of this group is a little over $4 million.

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

EXECUTIVE SESSION:

On motion of Legislator Kaplowitz, seconded by Legislator Swanson, the motion to go into Executive Session at 10:45 a.m. for the purpose of discussing CSEA grievances was carried unanimously.

On motion of Legislator Kaplowitz, seconded by Legislator Swanson, the motion to go out of Executive Session at 10:52 a.m. was carried unanimously.

MINUTES:

On motion of Legislator Young, seconded by Legislator Carsky, the motion to approve the Minutes of January 11, 1999 was carried by a vote of 7-0.

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RECEIVED & FILED:

On motion of Legislator Kaplowitz, seconded by Legislator Swanson, the motion to Receive and File Agenda Items II, 5, 7, 8, 9, 14, 17, & 19 (referenced below) was carried by a vote of 7-0.

 

5. HON. GEORGE LATIMER: Program Funding - Abused and Neglected Children: Forwarding a letter from the President and Executive Director of the Mental Health Association requesting funding for a program that advocates for abused and neglected children. (3/9/98) (Also referred to HMC)

7. HON. KATHERINE CARSKY: Health Benefits: Forwarding a letter from the Commissioner of Finance providing information about the County’s employee health benefit program. (12/14/98)

8. HON. MICHAEL KAPLOWITZ: #77 Bus Route: Forwarding a petition signed by the riders of the #77 bus thanking him for restoring funds for the bus to the 1999 budget. (1/4/99)

9. HON. URSULA LA MOTTE: #77 and #84 Bus Routes: Forwarding copies of letters and petitions that have been sent to various State and County officials protesting elimination of bus routes #77 and #84. (1/4/99)

14. CITIZEN COMMUNICATION: PRESIDENT, CSEA/UNIT 9200: CSEA Class Action: Forwarding an Official Contract Grievance Form regarding the payment of negotiated bonuses. (1/4/99)

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17. HON. BERNICE SPRECKMAN: CSEA Contract: Forwarding a letter from a retired County employee protesting the June 30th cut-off date for the bonus awarded in the recent contract settlement. (1/4/99)

19. HON. KATHERINE CARSKY: Health Benefit Costs: Forwarding a copy of her memorandum to the Manager of Payroll and Benefits asking for information pertaining to health benefit coverage costs. (11/16/98)

HEALTH BENEFITS:

The Committee will set up a meeting with Phil Speziale, Director of Benefits for the County, for an overview of the County’s benefit program which will include on consideration of employee "give-backs" as well as the level of service provided by POMCO. Ms. Tooher informed the Committee that on numerous occasions the matter of employee contribution for health benefits has been put on the table but has always been dropped during negotiations.

A&C CALENDAR:

Mr. Boland reviewed the January 21, 1999 A&C calendar with the Committee.

OTHER BUSINESS:

Committee requested a schedule of parking rates for nurses in New Rochelle. Ms. Tooher stated she will provide a schedule of all parking charges paid by County employees.

ADJOURNMENT:

There being no further items for discussion, on motion of Legislator Kaplowitz, seconded by Legislator Swanson, the meeting was adjourned at 11:25 a.m.