COMMITTEE ON BUDGET & APPROPRIATIONS Joint with COMMITTEE ON TRANSPORTATION

MINUTES: September 27, 2004

MEMBERS: Chair: Kaplowitz; Legislators: Bronz, LaMotte, Mosiello, Oros, Rogowsky, Stewart-Cousins, Wishnie, Ryan

TRANSPORTATION MEMBERS: Chair: Mosiello, Legislators: Bronz, Rogowsky, Ryan

IN ATTENDANCE: CE’s office: B. Randolph, A. Neuman; Budget: L. Bennett; PW: R. Butler; Law: L. Alesio; Labs: F. Drummond, C. Hodnett, L. Fasnacht, M. Hyland; DoT: L. Salley, H. Stanton; DPW: R. Butler; LWV: B. Strauss, F. MacEchren; K. Eddings, Journal News; H. Corbin; BOL: B. Boland, S. Bass, R. Indelicato, S. Vanderberg

With a quorum present, the Committee on Budget and Appropriations was called to order at 10:20 a.m.

Minutes
On the motion of Legislator LaMotte, seconded by Legislator Rogowsky Committee Minutes for 4/12/04, 4/19/04 and 5/3/04 were approved 5-0.

Receive & File
On the motion of Legislator Wishnie, seconded by Legislator Rogowsky the following agenda items were received & filed 5-0...

B7-Correspondence re: WIHD

B8- Yorktown Resolution re: Bee-line bus service

B10- Correspondence re: Property tax increase

B12- Correspondence re: Minimum Wage increase

B16- Cortlandt Resolution re: Minimum Wage increase

B17-Article re: Alternative Minimum Tax

B38- Correspondence re: CSEA contract negotiations

B43- Correspondence re: Virginia Marx Children’s Center

Item A5
An Act authorizing the County Attorney to compromise a claim for the reimbursement of health care expenditures from insured’s recovery as a result of legal action or settlement.

Department of Environmental Facilities employee J.M. was injured in July 2003 at the New York Athletic Club. His fractured wrist required physical therapy at a cost to the County of $2,614.20. Under the terms of the health insurance plan, an insured is required to reimburse the County if s/he recovers a settlement of judgment. The County is seeking to be reimbursed two-thirds of the lien or $1,742.80.

On the motion of Legislator Wishnie, seconded by Legislator LaMotte the item carried 5-0.

Item A3
An Act authorizing the County Attorney to compromise a claim for reimbursement of health care expenditures from insured’s recoveries as a result of legal actions or settlements.

Department of Social Services employee M.C. injured his lower back in September 1999 in a car accident. The total health care expenditure to the County was $2,285.73. Insured’s counsel was successful in securing $17,500 on their behalf.

Terms of the health insurance plan requires the insured to reimburse the County if they recover a settlement or judgment. The County is seeking to be reimbursed two-thirds of the lien or $1,523.82.

On the motion of Legislator Wishnie, seconded by Legislator Rogowsky the item carried 5-0.

Item A9
A resolution to settle the lawsuit intitled Donald G. Penny and Paige Siempalkamp v. Kevin Mitchell, County of Westchester Bureau of Purchase of the County of Westchester, in an amount not to exceed $175,000.

In March, 2001, Penny and Siempalkamp were driving in Penny’s vehicle when they were hit by a County owned vehicle being driven by Mitchell as he exited Magnotta’s Carwash on Central Avenue. As a result Penny underwent arthroscopic surgery and physical therapy for muscle tears in his left shoulder.

It is the opinion of the County attorney that if taken to trial a jury may believe the driver of the County vehicle failed to exercise due care therefore, the proposed settlement requiring the County to pay the plaintiffs $175,000 is strongly recommended. Magnotta’s as the third party have agreed to settle with the plaintiffs for $2,500.

On the motion of Legislator Kaplowitz, seconded by Legislator Rogowsky the meeting entered Executive Session at 11:00 a.m.

On the motion of Legislator Kaplowitz, seconded by Legislator Rogowsky the meeting exited Executive Session at 11:11 a.m.

On the motion of Legislator Wishnie, seconded by Legislator Rogowsky the item carried 6-1, with Legislator LaMotte voting no and Legislator Oros voting without prejudice.

Item C80(BLR04)
$8,885,000 in bonds to fund the cost of construction of a DNA Forensic Addition to the Labs & Research facility.

After much discussion it was decided the item would be held until further discussion could be had.

Item A2
A legal retainer agreement amendment regarding the Airport Terminal Capacity Agreement.

It was decided the item would be held until additional discussion could be had.

With no further business to discuss, the meeting adjourned at 12 p.m.