MINUTES
HEALTH MEMBERS: Abinanti, Carsky, Stewart-Cousins, Swanson
OTHERS: C.E.’s Office: Bill Randolph; Budget Dept.: Kate Carrano; Law Dept.: Alan Scheinkman; PRC: Sal DeSantis; Planning Dept.: Norma Drummond; CBAC: George Hosey, Barbara Strauss; BOL: Barbara Dodds, Tara Bernard, Sally Schecter, Christopher Chang, Tina Seckerson
Chairman Wishnie called the Budget Committee meeting to order at 10:07 a.m.
DISCUSSION:
Gift Acceptance:
1.* Acceptance of a gift from the Generoso Pope Foundation to be used in the “Westchester Scholars Program.” (4/24/00)
On motion of Legislator Young, seconded by Legislator Carsky, the motion to Receive and File this item was carried by a vote of 6-0 (Legislators Abinanti, Kaplowitz and Noto out for vote)
Real Property Donation: Suhr Property
22. A legislative package relating to the donation, by Mrs. Henriette Suhr, of real property located in the Town of New Castle to the County of Westchester for use as parkland. (3/27/00)
· Commissioner DeSantis stated that the property is 13 acres – most of which is already developed garden with the exception of 5 acres in the back.
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· The Commissioner informed the Committee that the house would have to be used to support parts of the garden as well as used for a horticulture library.
· There will be a $500,000 endowment to cover some maintenance of the garden.
· Ingress and egress is Old Roaring Brook Road. Buses would not go in and out of the property. If there is a need, perhaps shuttle service to and from the property would be set up. There will be a small parking lot that will hold no more than 15 cars at one time.
· Upper floor of the house would be used for an on-site horticulturist.
· Other methods of creative support are being researched (charges for use of the facility in a variety of different ways, admission fee, other grants, etc.)
· Legislator Carsky referenced both the Lasdon and Stokes-Greene properties where there were plans to make them self-sustaining, neither of which plans came to fruition.
· Commissioner DeSantis stated that it will take two and a half people to maintain the property at a cost of approximately $100,000.
· Legislator LaMotte asked how this donation proposal came to be. Commissioner DeSantis responded that Mrs. Suhr approached the County. Mrs. LaMotte stated that while she loves the idea and is a wonderful, beautiful place, she is concerned with regard to the cost of maintenance and inquired as to why the state was not approached. The Commissioner stated that Mrs. Suhr chose the County because of our commitment to parks. Mrs. LaMotte stressed her concern as to the lack of a Parks Master Plan. Mrs. LaMotte requested a budget analysis of the cost of maintaining this property. The Commissioner stated that he estimates the cost to be between $100,000 and $125,000 per year to maintain the property, he does not see it as a self-sustaining property.
· The Commissioner stated that he believes that if the County does not accept the property donation, Mrs. Suhr will not sell it and it will remain with the Garden Conservancy who has stewardship over many other gardens.
· Committee requested a site tour be set up.
· Committee requested information as to the legal role of the Conservancy in this matter.
· No action was taken on this item at this time.
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Housing Opportunities for Persons with AIDS: (HOPWA)
A2.* Housing Opportunities for Persons with AIDS: Proposed Act authorizing the County to enter into an IMA with Mount Vernon, New Rochelle and Yonkers to provide funds and administer funding from the Housing Opportunities for Persons with AIDS Program for Fiscal Year 2000. (4/24/00)
· For acceptance of a grant from the US Dept. of Housing and Urban Development through New York City (we have to do an IMA with NYC to accept the grant).
· The act would allow the County to enter into IMA’s with the Cities of Mount Vernon, New Rochelle and Yonkers to provide funding to them and to administer a portion of the Year 9 grant monies under the HOPWA Program administered by the Department of Housing and Urban Development.
· This is year 9 of HOPWA program. The County has in the past funded mostly rental assistance, anywhere from 40-60 units each year. It is a mirror image to the County’s Section 8 Program except that it is done through a non profit organization (Grace Church) where they provide case management services with the program as well. Ms. Drummond explained that they have also used this money in the past to rehabilitate and expand residences in Valhalla and Yonkers.
· Grant agreement from NYC that came in last week awarded the City of Yonkers about $35,000 more than expected.
On motion of Legislator Young, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 8-0. (Legislator Abinanti out for vote)
Bond Act: Labs & Research: BLR03
C28. BLR03: Proposed Bond Act authorizing the issuance of $1,335,000 in Bonds – Expansion and Renovation-Labs and Research. (2/28/00)
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· The Committee discussed this bond act in detail at a previous meeting.
· Mr. Kaplowitz stated that the Committee received a supplemental breakout indicating that the debt service would be covered under most reasonable scenarios by this expenditure and would theoretically the county will make a few dollars. He further stated that it still leaves on the table an overall issue going forward of whether the county should be in the labs and research business. The numbers in this case work out and this unit looks like it makes financial sense.
· The committee would like to see a marketing plan.
· Legislator Swanson requested that the Budget Department keep the Committee informed of any overruns.
On motion of Legislator Kaplowitz, seconded by Legislator Young, the motion to approve this item was carried by a vote of 8-0. (Legislator Abinanti out for vote)
B13. COUNTY ATTORNEY: Increase in payments to Outside Counsel: Proposed Act increasing the total amount payable to the law firm of Mazur, Carp and Rubin, P.C. for the provision of litigation defense services in connection with the matter entitled, “Capstone enterprises of Port Chester, Inc. v. County of Westchester”. (3/27/00)
· Capstone was the Electrical Contractor for the modernization of the new Airport Terminal.
· There is another piece of litigation related to this known as the Briante litigation. Capstone is a smaller piece of the same problem.
· Capstone is suing the County on various claims for delay and extra work and the County has counter-claimed for defective and incomplete work.
· At the time the original legislation was submitted, $30,000 was a reasonable estimation of the firm’s anticipated fees. Due to a series of appeals brought by Capstone, and the discovery of new issues relating to the validity of the underlying contract, it was necessary to call upon the resources of Marzur, Carp & Rubin to a far greater extent than was originally anticipated.
· Committee requested the names of the principles of Capstone. Mr. Scheinkman will get the information.
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On motion of Legislator Carsky, seconded by Legislator Noto, the motion to approve this item was carried by a vote of 9-0.
Lawsuit Settlement:
B19. COUNTY ATTORNEY: Lawsuit Settlement: Proposed Act authorizing the County Attorney to settle the workers compensation lien of Correction Officer Lane James Young. (4/10/00)
· The total amount of this settlement is $76,068.32 which would be paid tot he County as part of the proceeds of Correction Officer Lane James Young’s settlement of a lawsuit against the Montgomery elevator Company.
· Lane James Young was injured on December 20, 1993 when he was allegedly caused to fall while entering the 1 Center elevator located in the old jail
· As a result of his injuries Lane James Young was totally incapacitated from work for a period of 43 weeks. As a result, he was paid a total of $130,407.32 Pursuant to a contract with the County of Westchester, Montgomery Elevator Co. was responsible for maintenance of the elevators in the old jail at the time.
· Lane James Young commenced the against Montgomery elevator Company for failing to properly maintain and align the elevator.
· As the County’s lien totaled $130,407.32, the County refused to waive its lien but did offer to reduce its lien by the statutory one third amount to ensure that plaintiff’s counsel was compensated.
· Pursuant to Section 207C in order for a municipality to recover wages paid to a correction officer who was allegedly injured at work from a third party, said action must be commenced within three years of the injury. As Lane James Young was injured on December 20, 1993the statute of limitations expired on December 20, 1996. The County did not assert a lien against Montgomery Elevator Company in a timely manner.
On motion of Legislator Abinanti, seconded by Legislator Swanson, the motion to approve this item was carried by a vote of 9-0.
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Health Committee Chairman Abinanti called the Health Committee meeting to order at 11:14 a.m.
B15. COUNTY ATTORNEY: WCHCC Agreements: Forwarding legislation authorizing the county to enter into various agreements with the Westchester County Health Care Corporation. (3/27/00) (Also referred to Health)
· This legislation consists of 8 agreements.
· All agreements with the hospital require Board of Legislator approval.
· Mr. Scheinkman stated that there are one or two new agreements and the others are renewals. The agreements provide services as follows: site lighting maintenance services (revenue to the county in accordance to the rates established by DPW in conjunction with the Budget Department), laundry services and employee physicals for the community college (an expense to us), record services for medical record storage at the archives at a negotiated rate of $112,000 (revenue to us), physical and psychological exams for correction officer candidates (an expense to us), internships through WCC whereby WCC would assign students to the hospital for supervised instruction and experience at no cost, solid waste removal services under which we haul their trash away. Basically that is at a pro rata expense. Lastly, is water treatment maintenance services for water treatment chemicals.
· Mr. Abinanti asked who does the solid waste collection now. Mr. Scheinkman responded that DEF does it. Mrs. Carrano explained that the only thing we contract out for is the hauling of medical waste. Mr. Scheinkman explained that the object of this agreement is to allow us to get reimbursed for the medical center for doing it.
· Mr. Abinanti asked what is happening to the red bag waste. Mrs. Carrano explained that a decision was made to contract it out.
· Mr. Scheinkman explained that the overall understanding in these contracts is that no one is supposed to make any money on them. This is not a vehicle for us to try to get money back from them or for them to be looking to make money on us. It is purely reimbursement for services.
· Water treatment maintenance services: this will help maintain the pipes.
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FOR THE BUDGET COMMITTEE:
On motion of Legislator LaMotte, seconded by Legislator Carsky, the motion to approve the 8 agreements was carried by a vote of 8-0 (Legislator Noto out for vote)
FOR THE HEALTH COMMITTEE:
On motion of Legislator Stewart-Cousins, seconded by Legislator Swanson, the motion to approve the 8 agreements was carried by a vote of 4-0
A&C CALENDAR:
The A&C Calendar for May 5th was distributed.
ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Swanson, seconded by Legislator LaMotte, the Health Committee meeting was adjourned at 11:30 a.m.
There being no further items for discussion, on motion of Legislator Kaplowitz, seconded by Legislator LaMotte, the Budget Committee meeting was adjourned at 11:30 a.m.