COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES

AUGUST 11, 1999

ATTENDANCE:

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

OTHERS: Budget Dept.: Kate Tooher, Leslie Bennett, Diane Nolan; CBAC: George Hosey; Finance Dept.: Commissioner Pucillo, Steve Broege; Law Dept.: Alan Scheinkman; C.E.’s Office: Larry Schwartz, Bill Randolph; BOL: Barbara Dodds, Sally Schecter, 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 Kaplowitz, seconded by Legislator Stewart-Cousins, the motion to approve the Minutes of July 26, 1999 was carried by a vote of 6-0.

LAWSUIT – OTTINGER PROPERTY:

· Earlier this year the County purchased the property known as the Ottinger Property.

· Mr. Scheinkman explained that this lawsuit would seek a declaratory judgement against Mr. & Mrs. Sanford Plotkin who, as adjoining land owners, claim to own a portion of the Ottinger property (approximately ¼ acre) under the principle of adverse possession. The County would also request an order enjoining Mr. & Mrs. Plotkin from further trespassing on the Ottinger property.

· The County Attorney explained that the potential claim of adverse possession by the Plotkins resulted in a modification to the standard title policy to the Ottinger property as such claim affects an area of the property purchased by the County. In order to preserve the title insurance coverage on the portion which may be claimed through adverse possession by the Plotkins, the County must either resolve the issue of any potential claim or initiate litigation within 6 months of the closing, or by September 20, 1999.

COMMITTEE ON BUDGET & APPROPRIATIONS

MINUTES – AUGUST 11, 1999

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· The County became aware of the Plotkin’s claim via letter from Sanford Plotkin dated January 14, 1999. Mr. Plotkin claimed ownership of an identifiable piece of property which he had “fenced, cleared, planted, improved and generally occupied”. The fencing he refers to is an invisible dog fence, installed in 1998. In addition there is a hunting platform, presumptively built by the Plotkins, on the property. Both are recent additions and as such cannot serve as a basis for adverse possession.

· Recent survey of the property by various County employees evidences no support for the Plotkin’s claim of adverse possession.

On motion of Legislator Kaplowitz, seconded by Legislators LaMotte and Young, the motion to approve this item was carried by a vote of 6-0.

BUDGET AMENDMENT:

· A request for authorization by the Budget Committee to amend the 1999 County Operating Budget of the Miscellaneous Budget in the amount of $50,000 in order to fund the 1999 obligations of the Solid Waste Commission pursuant to the proposed solid waste licensing law now pending before the Board, including the pro rata salary of the Commission’s Executive Director, as well as essential 1999 operating expenses.

· According to Mr. Scheinkman this request is for the bare minimum funding necessary to carry out the essential tasks of the Solid Waste Commission. He further stated that the Administration has been working with Legislator Abinanti on this matter.

· The amount of this budget transfer request presumes that extremely limited expenses will be incurred by the Commission in 1999, as the Executive Director’s Office to be temporarily located in vacant County-owned office space, will be equipped with only limited office supplies and equipment assigned from other departments, and no secretarial or other support staff will be provided, through the end of 1999. The only potential exception would be in the event that the County faces lawsuits or other legal expenses in connection with the adoption of the proposed solid waste licensing law, as New York City did after adopting similar legislation.

· Appropriations will be made for the 2000 budget in order to properly fund the full scale Commission operation. Legislator LaMotte asked that a discussion be held in this Committee with regard to what the Administration is thinking of in terms of an ultimate budget for this Commission in 2000.

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MINUTES – AUGUST 11, 1999

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· There was a discussion of Committee transfers versus Board transfers. Mr. Boland stated for the record that he believes this transfer should go before the Board rather than being a Committee transfer.

· The $50,000 is being transferred from the Certiorari Proceedings account into Solid Waste Licensing.

On motion of Legislator Kaplowitz, seconded by Legislator Young, the motion to approve this item was carried by a vote of 6-0.

PAY PLAN AMENDMENT:

· Approval of this legislation would authorize amending the pay plan to add the title “Executive Director of Solid Waste Licensing” to Job Group XVIII of the County Pay Plan.

On motion of Legislator Kaplowitz, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 6-0.

2ND QUARTER FORECAST:

· Projected surplus is $3,691,457 vs. 1^st quarter $4,199,622.

· Departments are pretty much on course.

· Sales tax numbers look very good and are expected to be close to budget.

· State & Federal Aid Impacts:

Corrections: Loss of D&E Felon Reimbursement: $.35. On average we house 100 D&E felons per day in our correctional facility.

Transportation: Loss of state operating assistance: $1.5 m

Social Services: Loss of federal aid for MOE: $3.1 m

Loss of cost containment 3 mos.: $2.3m

Agricultural Act – MA portion: $.7

Loss of federal aid for food stamps: $4.1m

Loss of state aid – Enhanced Managed Care: $1.0m

· Homeless cases are beginning to increase in the County.

· Education & Transportation has not improved since the 1^st quarter.

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· Projected expenses for Education & Transportation will be $2.3m above budget.

· The projections assume a current level of vacant positions at 226.

· Projections also assume $200,000 will not be distributed to the Neighborhood Health Centers.

· The Committee questioned the surplus of $3,691,457 since State aid loss had been calculated at $14.8 million. The Budget Director advised the Committee that the County had received a settlement of approximately $15 million due to administrative reimbursements and child care in DSS. The Committee was also informed that the County would be faced with an arbitrage penalty of $3 million. The Budget Director stated that if not for the loss of State aid the surplus would have been approximately $17 million. The Committee questioned Mrs. Carrano regarding this matter in detail and requested a reconciliation of the projected surplus of $3,691,457. This matter will be discussed further at next week’s Budget meeting.

· Mrs. Carrano stated that with regard to the impact of the 1999/2000 State Budget, a letter was sent out to all department heads last week putting a freeze on new hires; stating that no overtime is authorized without prior approval; freeze on all non-essential travel; freeze on the purchase of equipment; no new short form contracts can be entered into without prior written approval of the Deputy C.E. and re-approval or termination of hourly employees.

CASH FLOW:

· Commissioner Pucillo stated that the actual cash flow is $10 million greater than projected as of June 30th.

AGENDA REFERRALS:

4.* COUNTY EXECUTIVE: Gift Acceptance: Acceptance of a gift from Omnipoint Communications, Inc. to be used to sponsor Bicycle Sundays on the Bronx River Parkway. (7/26/99)