|
COMMITTEE ON BUDGET & APPROPRIATIONS COMMITTEE ON COMMUNITY AFFAIRS & HOUSING COMMITTEE ON HEALTH & THE MEDICAL CENTER MINUTES JULY12, 1999
ATTENDANCE:
B&A MEMBERS: Wishnie, Abinanti, Carsky, Kaplowitz, LaMotte, Mosiello, Stewart-Cousins, Swanson, Young
CAH MEMBERS:Oros, Bronz, Young
HMC MEMBER: Abinanti, LaMotte, Stewart-Cousins, Swanson
OTHERS: C.E.’s Office: Bill Randolph; Law Dept.: Alan Scheinkman, Daniella Infield; Finance Dept.: peter Pucillo; Budget Dept.: Kate Carrano, Leslie Bennett; Planning Dept.: Joe Adelman; CBAC: George Hosey, Barbara Strauss; DSS: Olivia Rhodes, Nancy Traver; CSEA: Jane Fiore, Jerry Irizarry; BOL: Sally Schecter, Barbara Dodds, Charlie Pollak (Intern), Chris Chang, Robert Boland, Tina Seckerson
Chairman Wishnie called the Budget Committee meeting to order at 10:10 a.m.
DISCUSSION:
EARLY RETIREMENT:
· Chairman Wishnie referred to a memo from Chairman of the Board, George Latimer, forwarding two pieces of legislation to enable eligible County of Westchester and Westchester Community College employees to participate in the New York State Retirement Incentive Program made available pursuant to Chapter Seventy of the Laws of Nineteen Hundred and Ninety-Nine. · The memo stated that due to the fact that the “open period” for the Community College employees begins on July 28, 1999 Chairman Latimer requested that the Budget Committee consider signing out the legislation at today’s meeting for public hearing purposes only. · In addition, the legislation will be placed on the July 12, 1999 Board Special Meeting Calendar as a communication to be referred to Budget Committee. COMMITTEES ON B&A; CAH; & HMCMINUTES – JULY 12, 1999 PAGE 2
· Chairman Wishnie informed the Committee that the Early Retirement legislation will be discussed in detail at the Wednesday, July 21st Budget meeting.
On motion of Legislator Carsky, seconded by Legislator Kaplowitz, the motion to sign out the legislation to set the Public Hearing was carried by a vote of 9-0.
A&C CALENDAR:
(22) discussed at B&A on Thursday, 7/8 Mr. Boland will check to see if all questions have been answered
CAH MEETING:
Chairman Oros called the Community Affairs meeting to order at 10:25 a.m.
The purpose of this joint meeting between B&A and CAH was to discuss the following:
II, 14: Proposed Changes in the Operation of Westchester Community College: Proposed legislation pertaining to the operation of Westchester Community College. (6/21/99)
· Mr. Scheinkman began by explaining that this Local Law would amend Section 131.11 of the Laws of Westchester County to remove the powers of the Westchester County Commissioner of Public Works with respect to Westchester Community College. · This local law is subject to a mandatory referendum because it would diminish the authority of the Commissioner of DPW, an officer appointed by an elective officer. · If approved, this local law would provide flexibility in the provision of public works services to Westchester Community College. · The final deadline for submission of referenda for the November, 1999 election is August 3, 1999. COMMITTEES ON B&A; CAH; & HMCMINUTES – JULY 12, 1999 PAGE 3
· If this legislation is approved by the BOL and by the voters in November, the C.E. intends to issue an Executive Order which would give the WCC Board of Trustees authority over design and construction of capital projects on the WCC campus. The Executive Order would also require that DPW continue to perform all other public works services for WCC. · If deemed appropriate, in the future, additional authority could be granted to WCC without the need of a mandatory referendum. In this way, the process of giving WCC more autonomy with regard to public works may evolve as circumstances change without the necessity of additional referenda. · This legislation with the Executive Order would give the College more control over its capital improvements. · Other legislation the C.E. plans to submit, at a future date, to make fundamental changes in the Laws of Westchester County with regard to the operation of WCC are: (1) The College would be permitted to do its own purchasing and disposition of supplies, materials and equipment (2) The College would be able to set the salaries of its non-represented management within minimum and maximum salary ranges established by the BOL. · Mr. Scheinkman explained that the genesis of this proposal is the belief by the College that if they could manage their own capital projects, they could do it more efficiently and in a less costly manner than is being done by DPW. He further stated that there has been a long standing dispute or disagreement between the County and the College as to the DPW costs for which they’re billed for County services and the degree to which they feel DPW is responsive to their needs and considerations. If this legislation were to be adopted, either by Board Act or Executive Order, the responsibility would be vested in the Board of Trustees of WCC. · The County Attorney explained that the Capital Project process would remain subject to the control of the BOL. This would give them the administrative flexibility to manage their own projects, although they would be subject to certain limitations. They would remain subject to the public bidding laws as well as continue to have all contracts approved by the County Attorney’s Office to be sure that the contracts are properly negotiated and to insure that fiscal protections with the county remain in place. · Mr. Kaplowitz asked how the timing of this legislation would affect the College’s budget cycle. Mrs. Carrano stated that most of the authority to be given to the College involves capital projects, and therefore will have no impact on the operating budget. · This legislation does not preclude the College from using DPW for services they need if they can be provided at a lower cost. COMMITTEES ON B&A; CAH; & HMCMINUTES – JULY 12, 1999 PAGE 4
· Mr. Mosiello expressed his concern that if WCC goes out and hires someone else for expertise previously provided by DPW they will in effect be hiring their own Public Works Department thereby creating a redundancy and a waste of money. Mr. Scheinkman explained that the predicate for this is that the WCC believes that left to their own devices they could bring these projects in more cheaply. He further stated that whether that is right or wrong remains to be seen and that is why the County Executive wanted to have the right to call this back. Mr. Oros stated that the College works closely with the State Dormitory Authority and they provide a lot of that expertise. WCC feels they are being double billed for these services. · Mrs. LaMotte noted that the legislation states that “In the future, if deemed appropriate, additional authority could be granted to Westchester Community College without the need of a mandatory referendum.” She stressed her concern that this leaves the door open and asked for clarification. Mr. Scheinkman stated that it refers to public works only and references only those items in Section 131.11 of the Laws of Westchester County. · Mr. Scheinkman explained that this is the only time sensitive piece due to the mandatory referendum. The purchasing piece which relates to IT is subject to a permissive referendum. · Mrs. Carsky asked if the Board of Trustees will now be responsible for all contracts for professional services. Mr. Scheinkman stated that the answer is yes and no. If they are services that relate to the construction of capital projects the answer is yes. If they are professional services that have nothing to do with the capital project, the answer is no. The County Attorney further stated that if the contract goes for more than $1 million or goes for longer than a one year period, it would have to go before A&C. · Mr. Abinanti stated that it is his understanding that transferring powers from one department to another is the prerogative of the Legislature. He stated that if the C.E. issues an Executive Order transferring powers from the Public Works Department to the College is a violation of the Charter. He feels that there would have to be a law or an act from the BOL empowering the College to do what the Public Works Commissioner used to be able to do by Charter. Mr. Scheinkman agreed that the removal of the power of the DPW Commissioner can only be done by act of the Legislature subject to a mandatory referendum. He further stated that the Charter also contains a provision which says that the functions of the College Board may be increased either by Executive Order or by act of the Legislature. COMMITTEES ON B&A; CAH; & HMCMINUTES – JULY 12, 1999 PAGE 5
· Mr. Abinanti stated that he supports the removal of powers but would strongly object to a unilateral action by the Executive Branch transferring it. Although he supports the transfer he would like to see it done jointly by the two branches in an act. · Mr. Abinanti suggested using a Sunset Provision for a year. · Mr. Scheinkman stated that it doesn’t help on a project by project basis. With regard to the proposed Executive Order, he will look into it to see if there is support in the Charter if the provision went away whose responsibility is it for determining where it goes. · The Committees will discuss the legislation further and will act now only to sign it out to set a public hearing.
FOR THE B&A COMMITTEE:
On motion of Legislator LaMotte, seconded by Legislator Abinanti, the motion to sign this out for Public Hearing purposes only was carried by a vote of 9-0 with Legislator Swanson signing “Without Prejudice”.
FOR THE CAH COMMITTEE:
On motion of Legislator Bronz, seconded by Legislator Young, the motion to sign this out for Public Hearing purposes only was carried by a vote of 3-0.
CAH MEETING ADJOURNMENT:
There being no further items for discussion by the Committee on Community Affairs and Housing, on motion of Legislator Young, seconded by Legislator Bronz, the CAH meeting was adjourned at 11:10 a.m. COMMITTEES ON B&A; CAH; & HMCMINUTES – JULY 12, 1999 PAGE 6
(11) Compromise of Health Care Claims: Proposed Act authorizing the County Attorney to compromise claims of Westchester County for Reimbursement of Health Care expenditures from Insured'’ recovery as a result of legal action or settlement. (6/21/99)
· Mr. Scheinkman reviewed the 6 cases for which the authority to compromise the claims for reimbursement is being sought.
On motion of Legislator Abinanti, seconded by Legislator Young, the motion to approve this item was carried by a vote of 4-0.
HMC MEETING:
Chairman Abinanti called the Health Committee meeting to order at 11:10 a.m.
· The purpose of this joint meeting between B&A and HMC was to discuss the WCHCC Agreements. · The County Attorney briefed the Committee on the 17 agreements which include agreements for services such as graphic, copying and print services; laundry services; records storage; psychological examinations on as an needed basis for probation officer trainees; roads & grounds maintenance; Employee Assistance Program Services to WCHCC; medical/physical examinations for employees of Public Safety; data processing services; automotive services and Bureau of Purchase and Supply Services.
FOR THE B&A COMMITTEE:
On motion of Legislator Abinanti, seconded by Legislator Swanson, the motion to approve this item was carried by a vote of 9-0.
FOR THE HMC COMMITTEE:
On motion of Legislator Abinanti, seconded by Legislator Swanson, the motion to approve this item was carried by a vote of 4-0. COMMITTEES ON B&A; CAH; & HMCMINUTES – JULY 12, 1999 PAGE 7
HMC MEETING ADJOURNMENT:
There being no further items for discussion by the Committee on Health and the Medical Center, on motion of Legislator Stewart-Cousins, seconded by Legislator LaMotte, the HMC meeting was adjourned at 11:50 a.m.
WESTHAB AGREEMENT:
(17). Forwarding legislation which would authorize the county to settle its claim against Westhab, Inc. (6/21/99)
· This legislation would authorize the County to settle its claim against Westhab, Inc. relating to Westhab’s operation of the Shelter Program during the period 1990 through 1995/96, which was the subject of an arbitration between the County and Westhab. It would also resolve (a) any outstanding obligations relating to the operation of the Shelter Program at Vernon Plaza, the employment residence, the Family Center and the Coachman during the period 1996 and 1997; (b) disputes as to funding for operation of the emergency Housing Apartment Program (EHAP) from 1993 through 1997 and (c) the issue of rent advances for EHAP for 1984 through 1996. · The County retained a public accounting firm which determined that Westhab owed the County the following: Ø Shelter Operations & EHAP Operations $ 24,262 (Summary on file) Ø Emergency Housing Apartment Program $1,004,311 Ø T-802 Account $ 26,574 · This proposed settlement replaces the one submitted by the prior Administration (Agenda Item VIII, 1) at the end of 1997 and clears up several outstanding issues left unresolved by that settlement.
On motion of Legislator Young, seconded by Legislator Stewart-Cousins, the motion to approve this item and Receive and File Item VIII, 1 was carried by a vote of 9-0.
ADJOURNMENT: There being no further items for discussion, on motion of Legislator Abinanti, seconded by Legislator Stewart-Cousins, the meeting was adjourned at 12:10 p.m. |