MINUTES
PSCJ: Ryan, Kaplowitz, Wishnie
ENV & HEALTH: Kaplowitz, Bronz, LaMotte, Ryan
OTHERS: Budget Dept.: Leslie Bennett; CBAC/LWVW: Barbara Strauss; CBAC/WCC: Fran McEachron; C.E.’s Office: Bill Randolph, Jovy Celaj (Intern); DPW: Commissioner Landi; Planning: Fran McLaughlin; DEF: John D’Aquino; Health: Denise Bruno; Emergency Services: Pat Kelly, Will Nardozzi; DSS: Joel Levy, Diane Stern; BOL: Barbara Dodds, Steve Bass, Sally Schecter, Robert J. Boland, Tina Seckerson
Chairman Wishnie called the Budget Committee meeting to order at 9:15 a.m.
Chairman Ryan Called the Public Safety Committee meeting to order at 9:15 a.m.
DISCUSSION:
MINUTES:
On motion of Legislator Kaplowitz, seconded by Legislator LaMotte, the motion to approve the Minutes of April 8, 2002 was carried by a vote of 5-0 with Legislator Bronz & Oros out for the vote.
BOND ACTS:
C72.* BFT08: Department of Emergency Service Fire Training Center Equipment and Apparatus - $395,000 (4/8/02) (Also referred to PSCJ)
· To finance the purchase of motorized apparatus, including a ladder truck and related equipment, for use by the Fire Training Center.
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· Bonding authorization is being requested for the purchase of an aerial fire truck and related apparatus, including but not limited to rescue equipment, generator and lighting, fire fighting tools and self-contained breathing apparatus.
· The equipment will be used for fire fighting, emergency response to the Grasslands Campus, as well as training.
· Bonding authorization for this capital project in the amount of $275,000 was approved pursuant to Bond Act 179-2000, which funded the purchase of a fire truck.
· Kept specs simple and plain. Worked with a number of ladder truck companies to write the specs. Will be basically for a training piece.
· Operating costs will be for maintenance.
FOR THE BUDGET COMMITTEE:
On motion of Legislator Kaplowitz, seconded by Legislator Wishnie, the motion to approve this item was carried by a vote of 5-0 with Legislators Bronz and Oros out for the vote.
FOR THE PUBLIC SAFETY COMMITTEE:
On motion of Legislator Kaplowitz, seconded by Legislator Wishnie, the motion to approve this item was carried by a vote of 3-0.
Chairman Kaplowitz called the Environment & Health Committee meeting to order at 9:27 a.m.
AGENDA ITEMS:
4. WCHCC Agreement: Proposed Act authorizing the County to enter into an agreement with the Westchester County Health Care Corporation whereby WCHCC, through third party ambulance service, will provide ambulance service as required for facilities operated by the Department of Social Services. (3/11/02) (Also referred to ENV & Health)
· The term of the agreement is from January 1, 2002 through December 31, 2003.
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· The County will pay to WCHCC an amount required to reimburse the actual cost of service not covered by the Medicaid reimbursement rates for all such ambulance services. Committees amended act to read “….in an amount not to exceed $110,000 per year.”
· The prior agreement between the County and WCHCC for these very services expired on December 31, 2001.
FOR THE BUDGET COMMITTEE:
On motion of Legislator Alvarado, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 5-0 with Legislators Bronz and Oros out for the vote.
FOR THE ENVIRONMENT & HEALTH COMMITTEE:
On motion of Legislator Ryan, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 3-0 with Legislator Bronz out for the vote.
25. WCHCC Agreements: Proposed legislation authorizing the provision of medical/physical examinations for employee of the Department of Public Safety and psychological evaluations of applicants for police officers and park rangers positions. The County will pay WCHCC $90,000. (3/25/02) (Also referred to Env. & Health)
· WCHCC, through its Occupational Health Center, will provide medical/physical examinations for employees of the Department of Public Safety and psychological evaluations of applicants for police officer and park ranger positions.
· The term of the agreement will be from January 1, 2002 through December 31, 2004.
· The prior agreement expired on December 31, 2001.
FOR THE BUDGET COMMITTEE:
On motion of Legislator Stewart-Cousins, seconded by Legislator Alvarado, the motion to approve this item was carried by a vote of 7-0.
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FOR THE ENVIRONMENT & HEALTH COMMITTEE:
On motion of Legislator Ryan, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 4-0.
27. WCHCC Agreement: Proposed legislation authorizing a Memorandum of Understanding for the provision of training and education to the WCHCC postpartum nursing staff re: Shaken Baby Syndrome. (3/25/02) (Also referred to Env. & Health)
· The County, through its Department of Health, will provide training and education to the WCHCC postpartum nursing staff re: Shaken Baby Syndrome.
· WCHCC will in turn seek to educate new parents who have delivered a baby at WCHCC about Shaken Baby Syndrome based on the training provided by the County.
· This MOU does not involve the payment of funds by either party to the other and shall be non-exclusive and is similar to the agreements the County intends to enter into with other hospitals.
· The MOU will commence upon execution and expire on March 31, 2005.
· This is a new program so there is no prior agreement for these services.
· This item was signed out by the Environment & Health Committee at its last meeting.
On motion of Legislator Stewart-Cousins, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 6-0 with Legislator Oros out for the vote.
PUBLIC SAFETY COMMITTEE – ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Kaplowitz, seconded by Legislator Wishnie, the meeting was adjourned at 9:27 a.m.
ENVIRONMENT & HEALTH COMMITTEE – ADJOURNMENT:
There being no further items for discussion, on motion of Legislator LaMotte, seconded by Legislator Ryan, the meeting was adjourned at 9:44 a.m.
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RECEIVE & FILE:
A1.* Certiorari Refunds: Forwarding a package of Court-ordered certiorari refunds. (4/8/02)
A24. Gift Acceptance: Acceptance of a gift from Abby R. Simpson and Todd Mydland in the amount of $912.11 to be used by the Westchester County Department of Parks, Recreation and Conservation at Ward Pound Ridge Reservation’s Trailside Museum. (3/25/02)
26. Gift Acceptance: Acceptance of a gift from Hudson Valley Bank in the amount of $10,000 to support Westchester County’s “Sunday Concerts in the Parks” program. (3/25/02)
On motion of Legislator LaMotte, seconded by Legislator Alvarado, the motion to Receive and File items A1, A24 and A26 was carried by a vote of 6-0 with Legislator Oros out for the vote.
AGENDA ITEMS:
2.* Water District #1 Funds Transfer: Proposed Resolution transferring funds within the Department of Environmental Facilities Water District #1 Operating Budget. (4/8/02)
· On February 26th Water District #1 was notified of a leak on the County 48” pipeline in the wooded area just south of the Valhalla Train Station in the Town of Mount Pleasant.
· Numerous leaks as well as six exposed pipe joints were discovered.
· This transfer is need to accomplish repairs to the 48” pipeline and the installation of six repair clamps on the exposed points to correct present leaks and to prevent future leaks from occurring underneath the Metro-North Railroad Tracks.
· The pipeline is over 100 years old and requires emergency repairs.
· Supplies water for Yonkers, Mt. Vernon, White Plains and parts of Scarsdale
On motion of Legislator Alvarado, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 6-0 with Legislator Young out for the vote.
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BOND ACTS:
C23. SPC01: Port Chester WWTP Performance Maintenance - $3,800,000
(3/11/02)
· Required to finance replacement, rehabilitation and upgrading of equipment at the Port Chester Wastewater Treatment Plant.
· The project will include various interior and structural renovations and repairs as necessary as well as upgrading of equipment.
· Bonding authorization for this capital project was approved in the amount of $700,000 pursuant to Bond Act 38-2001, which funded the design and construction management phase of this project.
On motion of Legislator Kaplowitz, seconded by Legislator Alvarado, the motion to approve this item was carried by a vote of 7-0.
C21. SNR75: Pump Station Rehabilitation – New Rochelle SSD - $375,000 (3/11/02)
· Required to finance design, construction management and administration of the Beach Avenue Pump Station located in New Rochelle.
· Work will include, but not be limited to, replacement of pumps, motors, controls, emergency generator, valves and piping.
· It will also include replacement of instrumentation to connect to a county-wide monitoring system and installation of variable frequency drives.
On motion of Legislator Kaplowitz, seconded by Legislator Alvarado, the motion to approve this item was carried by a vote of 7-0.
C20. SNR20: Mamaroneck/New Rochelle Twin Sludge Force Main - $500,000
(3/11/02)
· Required to study and preliminary design of the replacement of the two eight-inch force mains (3.07 miles) that carry sludge from the Mamaroneck Wastewater Treatment Plant to the New Rochelle Wastewater Treatment Plant for processing.
· The existing pipes, installed in 1964, have had several failures and are reaching the end of their useful life.
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· The study/preliminary deign will determine whether additional mains will be added at the present location or the existing pipes will be removed and replaced or rehabilitated.
On motion of Legislator Alvarado, seconded by Legislator Oros, the motion to approve this item was carried by a vote of 7-0.
C26. SY013: Yonkers JWWTP Storage Building - $1,300,000 (3/11/02)
· Required to finance design and construction management related to the construction of a storage building at the Yonkers Joint Wastewater Treatment Plant.
· The storage building was identified in the Black & Veatch study as necessary to improve inventory control and spare parts storage at the plant.
· The building is projected to be approximately 20,000 square feet and will be designed to be architecturally compatible with the rest of the plant.
· Looking at one year for design and an additional 18 months for construction. There will be public meetings on this.
· Time frame for doors to be closed is 18 months. The doors will be closed (1st quarter 2004) before this building is completed.
On motion of Legislator Alvarado, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 7-0 with Legislator Stewart-Cousins signing “Without Prejudice”.
AGENDA ITEMS:
5.* COUNTY ATTORNEY: Compromise of Medicaid Claim: Authorizing the County Attorney to compromise the Medicaid Claim of Westchester County Department of Social Services against the Estate of Frances Saracelli. (4/8/02)
· The total amount of the Medicaid claim is $83, 679.22
· Frances Saracelli was born on January 26, 1929 and died on June 25, 1998.
· Ms. Saracelli applied for Medicaid benefits in or about January, 1994 and WCDSS provided benefits from May 1994 until her death in June 1998.
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· On or about June 25, 1998, Frances Saracelli was fatally injured when she was struck by a motor vehicle while walking in New Rochelle.
· WCDSS asserted a claim against the Estate of Frances Saracelli in the amount of $83,279.22 for medical assistance rendered to her from 1994 through her death in 1998.
· The Estate asserted claims for both wrongful death and pain and suffering against Allstate Insurance Company, the insurer of the driver and owner of the motor vehicle.
· No action has commenced but the Estate advises that Allstate has offered a settlement of $85,000.00
· On or about October 4, 2000 the Administrator of the Estate filed a petition in Surrogate’s Court for a decree permitting him to settle the wrongful death cause of action for $85,000.00; disallowing WCDSS’s claim in the amount of $83,679.22; and authorizing distribution of the settlement proceeds to the distributes.
· It is the Estate’s position that all of the settlement proceeds should be allocated to the wrongful death claim, as there is little evidence that Ms. Saracelli experienced any conscious pain and suffering as a result of the fatal injuries she suffered.
· Allocation of the settlement proceeds to the wrongful death claim rather than to the decedent’s pain and suffering would defeat WCDSS’s Medicaid claim.
· The recovery for pecuniary (monetary damages) losses on a wrongful death claim belongs to the distributes whereas recovery on the claim for pain and suffering belongs to the Estate. If the Surrogate’s Court adopts the Estate’s position, the settlement proceeds would not be an asset of the Estate, and as such would not be subject to a claim for recoupment of Medicaid benefits. WCDSS can only assert the Medicaid claim against the Estate. The Estate would have no assets and consequently WCDSS would have no recourse.
· WCDSS and the Estate have engaged in extensive negotiations in the Surrogate’s Court.
· The Estate has agreed to pay WCDSS $23,900.00 in full satisfaction of WCDSS’s Medicaid claim.
On motion of Legislator Stewart-Cousins, seconded by Legislator Bronz, the motion to approve this item was carried by a vote of 7-0.
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6.* COUNTY ATTORNEY: Institution of Legal Proceedings: Proposed Act authorizing the institution of legal proceedings against 284 former students of Westchester Community College. (4/8/02)
· Authorizing the institution of legal proceedings against 284 former students of Westchester Community College seeking monetary judgments in the aggregate amount of $211,612.07.
· The law firm of Hayt, Hayt & Landau has been retained to recover delinquent student accounts and Perkins’ loans by Board Act 73-2000 and by the Board of A&C.
· Counsel has advised that all pre-suit efforts to collect the 277 student accounts and 7 delinquent Perkins’ loans have been exhausted and each of the 284 student-debtors has refused to enter into a payment agreement or to otherwise cooperate with the collection process.
· WCC requests that authorization be given for commencement of legal proceedings.
· Hayt, Hayt & Landau has a 50% success rate for collecting funds.
· College has a contract and pays a certain amount for pre-suit efforts.
· The money comes out of WCC funds that have been appropriated for this purpose.
· Committee is interested in finding out how other colleges handle matters like this.
On motion of Legislator Kaplowitz, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 7-0.
A&C CALENDAR:
All questions and requests for information were referred to Bob Boland.
ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Kaplowitz, seconded by Legislator Alvarado, the meeting was adjourned at 10:15 a.m.