MINUTES
OTHERS: Budget Dept.: Kate Carrano; CBAC: George Hosey; C.E.’s Office: Bill Randolph, Ingrid Bent; Law Dept.: Alan Scheinkman; Dept. of Correction: Joseph Miranda; Finance Dept.: Peter Pucillo, John Waltman; DEF: Bob Matarazzo; BOL: Barbara Dodds, Sally Schecter, Robert Boland, Chris Chang, Tina Seckerson
Chairman Wishnie called the meeting to order at 10:14 a.m.
DISCUSSION: (There is a cassette tape on file for more detailed information)
MINUTES: On motion of Legislator Carsky, seconded by Legislator Swanson, the motion to approve the Minutes of November 8, 1999 and November 9, 1999 was carried by a vote of 10-0.
AGENDA ITEMS:
14.* COUNTY EXECUTIVE: IMA for Housing Out-of-County Inmates: Proposed Act authorizing IMA’s to allow the County to house inmates from Out-of-County Correctional Facilities. (11/8/99)
· The fee to house an inmate shall not be less than $130.00 per day. Approximately two years ago the rate was $110.00.
· The fee to house a County inmate outside the County shall not exceed $130.00 per day.
· Mr. Miranda stated that this does not happen very often.
On motion of Legislator Swanson, seconded by Legislator Carsky, the motion to approve this item was carried by a vote of 10-0.
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2. COUNTY EXECUTIVE: Gift Acceptance: Acceptance of a gift from Fuji Photo Film U.S.A. to be used to sponsor the Philharmonic Concert. (10/18/99)
On motion of Legislator Kaplowitz, seconded by Legislator Young, the motion to Receive and File this item was carried by a vote of 10-0.
8. COUNTY EXECUTIVE: Certiorari Refunds: Forwarding a package of court-ordered certiorari refunds. (10/18/99)
On motion of Legislator Kaplowitz, seconded by Legislator Young, the motion to Receive and File this item was carried by a vote of 10-0.
17.* COUNTY EXECUTIVE: Court-ordered Certiorari Refunds: forwarding a package of Court-Ordered Certiorari Refunds. (11/8/99)
On motion of Legislator Kaplowitz, seconded by Legislator Young, the motion to Receive and File this item was carried by a vote of 10-0.
20. LEGISLATORS SPRECKMAN, CARSKY, MOSIELLO AND STEWART-COUSINS: Repairs to Tibbetts Brook Park: Forwarding a letter from a Yonkers resident urging the County to make repairs to Tibbetts Brook Park. (3/8/99) (Also referred to CAH)
On motion of Legislator Kaplowitz, seconded by Legislator Young, the motion to Receive and File this item was carried by a vote of 10-0.
31. HON. GEORGE LATIMER: State Budget Agreement: Forwarding a copy of a letter to the Governor, the Senate Majority Leader and the Speaker of the Assembly expressing concern about the impact that the State budget will have on counties throughout the State. (8/16/99)
On motion of Legislator Kaplowitz, seconded by Legislator Young, the motion to Receive and File this item was carried by a vote of 10-0.
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26.* CITIZEN COMMUNICATION: ROBERT F. COLBY, VICE PRESIDENT
AND GENERAL COUNSEL OF DIVERSIFIED INVESTMENT ADVISORS: Selection of Deferred Compensation Plan Vendor: Forwarding a list of questions to be answered by the Westchester County Board of Acquisition and Contract regarding the County’s selection of a vendor to administer it Deferred Compensation Plan. (11/8/99)
On motion of Legislator Kaplowitz, seconded by Legislator Young, the motion to refer this item to the Deferred Compensation Board for response was carried by a vote of 10-0.
12.* COUNTY EXECUTIVE: Environmental Facilities Corporation Financing: Proposed Resolution authorizing the County to execute project financing and loan agreements in connection with the issuance of serial bonds or notes of the County to be issued to the New York State environmental Facilities Corporation for the purpose of financing or refinancing the costs of certain eligible County projects. (11/8/99)
· The New York State Environmental Facilities Corporation (NYSEFC) provides unique financing programs for certain qualifying projects, including but not limited to: projects relating to the transport, treatment and disposal of municipal wastewater, and projects designed to protect drinking water and/or groundwater.
· Under these programs, the municipality issues its bonds to the NYSEFC as collateral for the debt issued by the NYSEFC to finance the qualifying project.
· The federal government provides an interest subsidy for the NYSEFC bond issue which is then matched by the State of New York.
· As the NYSEFC programs are revolving loan programs which require on-going refinancing of short-term debt over the life of the bonds, the Finance Commissioner, as the County official with the sole power to incur debt on behalf of the County, is the most appropriate person to manage the County’s participation in these financing programs.
· The cumulative effect of these financing arrangements is a significant interest expense savings to the participating municipality.
· The Committee requested that in the future the method of financing be put into the act.
On motion of Legislator Carsky, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 10-0, with Legislators Stewart-Cousins, Mosiello, Young, Swanson and Abinanti signing “Without Prejudice”.
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32.* COUNTY EXECUTIVE: Authorization of the Institution of Legal Proceedings: Proposed Act authorizing County Attorney to institute legal proceedings on behalf of the County against New York State, the New York State Education Department, and any other necessary and appropriate parties to challenge, among other things, the Administration by New York State of the Individuals with Disabilities Education Act. (11/8/99)
· This authorization would allow the County Attorney to initiate legal action, on behalf of the County against New York State, The NYS Education Department, and any other necessary and appropriate parties, to challenge, among other things, the administration of the Individuals With Disabilities Education Act (IDEA).
· The mandated pre-school special education program (Pre-K) has become one of the most costly state mandates to county government.
· The costs of the program have increased over $20 million over the last couple of years.
· The State has failed to honor its commitments to pay for the bulk of these costs.
· Counties are required to pay all costs of the program, subject to partial reimbursement.
· Counties have no role in the program and no ability to control the costs imposed upon their taxpayers.
· Over the years, county governments and NYSAC have called upon successive Governors and both houses of the Legislature to provide relief from this uncontrolled state mandate.
· County Executive Spano has met with the Governor and spoken with the Legislative Delegation but the necessary State legislation has yet to be adopted.
· The Legislature has added a provision likely to lead to further increases in Pre-K costs.
· The County Attorney found that the County had several meritorious legal grounds for taking legal action against the State in federal court.
· At its fall meeting NYSAC adopted a resolution authorizing NYSAC to actively pursue the litigation of Westchester County.
· Previously the Sullivan County Board of Supervisors adopted a resolution authorizing Sullivan County to participate in the litigation with Westchester.
· The Pre-K Program has grown considerably, both in terms of number of children and costs.
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· The State promised relief as the burden on County government grew. Reimbursement rates are capped at 59 ½% not the 69 ½% provided by State statute or the 75% that was promised.
· Counties are also financially responsible for the monies expended to administer the program.
· School districts have programmatic responsibility. Since they are not responsible for any of the costs of the program, they have no incentive to limit the costs.
· The State has failed to adopt procedures that would enable counties to apply for reimbursement in a timely manner.
· The manner in which NYS administers the Pre-K Program violates the mandates of the IDEA that require NYS to assist to assist in providing these crucial services for Westchester County’s children with disabilities.
On motion of Legislator Swanson, seconded by Legislator Carsky, the motion to approve this item was carried by a vote of 9-0 with Legislator Young out for vote.
A&C CALENDAR:
There were several questions with regard to various items on the November 18, 1999 A&C Calendar. Back-up and information will be provided by Mr. Boland.
ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Stewart-Cousins, seconded by Legislator Carsky, the meeting was adjourned at 11:38 a.m.