MINUTES
OTHERS: Budget Dept.: Leslie Bennett; CBAC: Joe Rosenblum; C.E.’s Office: Bill Randolph; County Clerk’s Office: Leonard Spano; Dept. of Public Safety: Donna Ritucci; Planning: Ed Buroughs, Diana Saltel; Finance: Commissioner Pucillo, Mario Nardi; Labs & Research: Tom McGimpsey; Law: Stacey Dolgin-Kmetz, Lori Alesio; DEF: Robert Matarazzo; BOL: Chris Chang, Robert J. Boland, Tina Seckerson
Chairman Wishnie called the meeting to order at 9:15 a.m.
DISCUSSION:
ORGANIZATIONAL ITEMS:
· Committee will meet regularly on Mondays at 9:00 a.m. The Committee quorum was set at 4 by of Legislator Kaplowitz, seconded by Legislators Alvarado and Swanson, and a vote of 5-0, with Legislator Abinanti out for the vote.
CBAC RESOLUTION:
· The Committee considered a resolution approving of a Citizens’ Budget Advisory Board (CBAC) for the term January 1, 2002-December 31, 2003.
On motion of Legislator Kaplowitz, seconded by Legislator Swanson, the motion to approve this item was carried by a vote of 6-0.
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RECEIVE & FILE:
A2. Gift Acceptance: Acceptance of a gift from Martin Ginsburg Development, LLC to be used to support Westchester County’s Hudson Riverwalk Project. (1/7/02)
A3. Gift Acceptance: Acceptance of a gift from Hitachi America, Ltd. To be used to support the County’s performance of The Nutcracker. (1/7/02)
A4. Gift Acceptance: Acceptance of a gift from Peyser & Alexander Management, Inc. to be used to support the County’s performance of The Nutcracker. (1/7/02)
A5. Gift Acceptance: Acceptance of a gift from Westchester Contract Bridge to be used to support the County’s performance of The Nutcracker. (1/7/02)
On motion of Legislator Kaplowitz, seconded by Legislator Alvarado, the motion to Receive and File Items A2, A3, A4, and A5 was carried by a vote of 6-0.
AGENDA ITEMS:
A1: Rockland County IMA’s: Proposed Act authorizing the County to enter
into an IMA with Rockland County to accept a grant from New York State in the amount of $60,000 and authorizing the County to enter into IMA’s with Hudson River communities. (1/7/02)
· All 13 riverfront communities were welcome to apply, received only 4 applications.
· Of the four that applied, Croton requested $35,000 and the other three, Hastings, Sleepy Hollow, and Ossining each requested $10,000.
· Committee is being formed to decide on how to allocate the funds.
· The Hudson River Corridor Quality Communities Demonstration Program Grant has been awarded to Rockland and Westchester in equal amounts ($60,000) in order to promote cooperation and initiatives associated with planning for the future of the Hudson River region.
On motion of Legislator Abinanti, seconded by Legislator Bronz, the motion to approve this item was carried by a vote of 6-0.
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A6: Compromise of Claim: Proposed Act authorizing the County Attorney to
compromise the claim of Westchester County to be reimbursed for health care expenditures and wages paid to or on behalf of a retired police officer from a settlement of his legal action against third party tortfeasors. (1/7/02)
· This case involves a Police Officer who was sitting in a County police vehicle on the shoulder of Cross County Parkway in Yonkers that was struck by another vehicle.
· It is alleged that the 19 year old driver of the other vehicle was intoxicated and had illegally consumed alcohol and became intoxicated at a tavern in New Rochelle.
· As a result of the accident, the police officer sustained serious injuries to his neck and back.
· Pursuant to the Collective Bargaining Agreement between the County and the Police Officer’s Benevolent Association the County is under obligation to pay the full amount of wages to a police officer injured in the performance of his duties and unable to perform the duties of a police officer as a result thereof.
· Pursuant to Section 207-c of the NYS General Municipal Law the County may maintain an action for reimbursement of salary and medical car/hospital expenses as against any third party against whom an injured police officer shall have cause of action for the injuries sustained.
· The Police Officer commenced a lawsuit against the driver and the tavern.
· The driver was uninsured and the tavern’s liability insurance was limited to $100,000.
· Due to the limited pool of assets and the unavailability of any other insurance to cover the loss, the Police Officer agreed to a settlement in the sum of $75,000.
· Counsel for the police officer has agreed to reduce her fee by approximately 76.5% to $5,369.81, a figure that represents less than one-tenth of the settlement.
· Authority to compromise the County’s claim for reimbursement in the sum of $25,000, representing one-third of the settlement amount is sought.
· The Police Officer’s counsel would receive $5,369.81 as attorney’s fees and $5,697.52 as reimbursement of disbursements.
· The Police Officer would receive $38,932.67 from the settlement.
· Aggregate amount of the lien would be $176,829.07
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On motion of Legislator Abinanti, seconded by Legislator Alvarado, the motion to approve this item was carried by a vote of 6-0.
A7: Acceptance of Credit Cards for payments to County Clerk and
Commissioner of Finance: Proposed Act authorizing the County to enter into agreements with one or more financing agencies or card issuers to provide for the acceptance by the County Clerk and the Commissioner of Finance, or their designees, of credit cards as a means of payment for various fees, fines and penalties. (1/7/02)
· Act 133-1999 authorized the County to accept certain credit card payments. Included in the act was a sunset clause providing that the county could not conclude agreements with financing agencies or card issuers for terms extending beyond January 31, 2002.
· Act 77-2000 designated the Personnel Officer, the Commissioner of Finance, the Commissioner of PRC and their respective designees as officers authorized to accept credit card payments.
· The County Clerk, who had been designated as an officer authorized to accept credit card payments on his own authority and prior to July 31, 2001 pursuant to Act 129-1997 and Act No. 61-1999, has been authorized to accept such payments subsequent to that date as the designee of the Commissioner of Finance.
· This act, if approved, would become effective on February 1, 2002 and would not restrict the term of any agreement that the County could conclude with Financing agencies or card issuers.
· According to the Administration, no terms restrictions is desirable because while the availability of credit card payments has proven to be a great convenience to the users of County services, the existence of a sunset clause has proven to be a considerable hindrance to the County in concluding agreements with financing agencies and card issuers.
· Commissioner Pucillo explained that credit card payments reduce the amount of cash on hand, thereby eliminating potential problems.
· County Clerk reported that they handle about 130 credit card transactions per month (pistol permits, passports, hunting & fishing licenses, etc)
· The expense for credit card transactions is taken off the interest income.
· Committee requested clarification of financial data, i.e. expense vs. revenue. County Clerk’s office will provide an analysis. Difficult to quantify savings such as shrinkage and time saved by using credit cards.
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· They will have the ability to accept debit cards as well which requires no fee.
· Committee did not take action at this time pending the financial analysis.
A8: Refuse Disposal District IMA’s: Proposed Act authorizing the County to
enter into IMA’s on behalf of Refuse Disposal District No. 1, with local municipalities within the County to conduct a composting equipment circulation program. (1/7/02)
· Mr. Matarazzo reported that the County owns the equipment, which is loaned to the communities. The municipality loads the leaves, the County shreds them.
· There is no cost to the communities, it is done as a service by the County.
· This is an ongoing program.
· So far no communities outside of Westchester have expressed interest in the program. If they did, they would be charged.
· Composting has resulted in a savings of $1.4 million.
· 44,000 tons were processed last year.
· Committee requested a sample IMA be included as a part of the legislation.
· Committee did not take action at this time.
A10: PBA Superior Officers Agreement: Proposed Act approving certain
financial terms and conditions of employment requiring legislative approval by law in a Collective Bargaining Agreement between the County and the Westchester County Police Benevolent Association (Superior Officers Unit). (1/7/02)
· This agreement covers 18 people, 13 Lieutenants and 5 Captains.
· Committee requested a copy of the base agreement from 1986.
· Everything in this agreement is in the PBA agreement
· The term of the contract is January 1, 2001 through December 31, 2002.
· The contract provides for a 4% wage increase effective January 1, 2001. This number was settled on because it is what other towns and villages are settling for.
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· There was a discussion with regard to the Welfare Fund and how it is used. This fund covers expenses such as dental and vision care. Current allotment is approximately $1300 per insured per year. Provides better benefits than the County program.
· The base salary of a police officer is currently $37,500. Starting salary for police officers that transfer from other departments: Step 2 for 1 year + experience, Step 3 for 2 years + experience. No one starts higher than Step 3 and no higher than what they were making before. This was all negotiated as part of a lawsuit.
· Mr. Wittenberg explained that the County Police Department should be compared to towns and village departments, not Nassau and Suffolk counties.
· Shift differential applies to shifts that begin after 1:00 p.m. or end before 11:00 a.m. (2nd & 3rd shifts)
On motion of Legislator Kaplowitz, seconded by Legislator Abinanti, the motion to approve this item was carried by a vote of 6-0.
A&C Calendar:
The Committee reviewed the A&C calendar for January 24, 2002.
ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Alvarado, seconded by Legislator Swanson, the meeting was adjourned at 10:30 a.m.