MINUTES
OTHERS: Budget Dept.: Kate Tooher, Dianne Kearney; CBAC: George Hosey, Barbara Strauss; C.E.’s Office: Bill Randolph; Planning Dept: Fran McLaughlin; Law Dept: Alan Scheinkman, Jim Robertson; County Clerk’s Office: Leonard Spano, Eugene Rogers; BOL: Chris Chang, Barbara Dodds, Sally Schecter, Robert J. Boland, Tina Seckerson
Chairman Wishnie called the meeting to order at 10:05 a.m.
DISCUSSION: (There is a cassette tape on file for more detailed information)
MINUTES: On motion of Legislator Kaplowitz, seconded by Legislator Young, the motion to approve the Minutes of February 16, 1999 and February 22, 1999 was carried by a vote of 8-0.
RECEIVED & FILED:
On motion of Legislator Kaplowitz, seconded by Legislator Carsky, the motion to Receive and File Items II, 1, 2, 4, & 9 and Item IV, 1 (captioned below) was carried by a vote of 8-0.
1. Acceptance of a gift from Liberty Mutual Insurance Company to be used by the District Attorney’s Office. (2/22/99)
2. Acceptance of a gift from Bell Atlantic Mobile Telephone Company to be used by the District Attorney’s Office. (2/22/99)
3. Acceptance of a gift from Wittnauer International to be used by the County to
honor the upcoming Millenium. (2/22/99)
9. Forwarding the 1998 Westchester County Tax Commissioner’s Report.
(2/22/99)
IV. 1. Croton Landfill Gas Recovery System Bond Act & Environmental
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AGENDA ITEMS:
38. Acceptance of Credit Card Payments by County Clerk: Proposed Local Law extending the authority of the County Clerk to accept credit card payments. (9/22/98)
· On September 15, 1997 the Board adopted Act 129-1997 authorizing the County to enter into agreements enabling the County Clerk to accept credit cards as a means of payment for the purposes enumerated in General Municipal Law Section 5.
· Desirous of reviewing the financial impact of Act 129-1997, the Board provided in Section 5 therein that it be effective for 18 months and then expire.
· The County Clerk informed the Committee that the process of selecting a vendor in accordance with the Procurement Policy has taken a good portion of the 18 month time frame.
· Mr. Rogers explained that there is a state contract that the county might be able to piggyback on where the credit card company will waive its right for a chargeback.
· Credit card payments would increase the efficiency of the County Clerk’s office by reducing staff hours devoted to counting cash and processing checks.
· Approval of this Act would amend Act 129-1997 to provide that it shall expire on July 31, 2001.
On motion of Legislator Mosiello, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 8-0.
39. Appointing Pradeep Kapadia as a member of the Public Utility Services Agency. (9/22/98)
· This item was referred to the Committee on County Officer and Departments also. COD interviewed Mr. Kapadia on 2/22/99 and signed the resolution out.
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· The Committee expressed concern with regard to the deregulation process and the role of the Public Utility Service Agency as well as the fact that he proprietary interest. Mrs. Swanson stated that he has served on various other County Committees and seems to have the background to be able to help us through deregulation. She further stated that although his proprietary interest was not discussed at the COD meeting it would seem that with the County's’ ethics disclosure policy he would be precluded from entering into any of these contracts or consulting firms.
· Mrs. Swanson assured the Committee that COD felt that Mr. Kapadia was interviewed by COD and the Committee felt that his qualifications and background were suitable for this appointment.
On motion of Legislator Swanson, seconded by Legislator Carsky, the motion to approve this item was carried by a vote of 7-0. (Legislator Kaplowitz out for vote)
17. An Act to authorize the County to employ Mazur, Carp and Rubin, P.C. for the provision of litigation defense services in an “of counsel” capacity in connection with Capstone Enterprises of Port Chester, Inc. v. County of Westchester. (2/22/99)
· The County Attorney informed the Committee that the Board had previously authorized the employment of the firm of Mazur, Carp and Rubin for litigation defense services in an “of counsel” capacity to the County Attorney in 3 other construction litigation matters in which the County was named a defendant.
· One of the cases in which this firm has been retained to aid in the County’s defense is Briante Building Corp. v. County of Westchester, which arose out of the agreement between the County and Briante wherein Briante agreed to act as general contractor for the modernization of the new Airport Terminal.
· Capstone Enterprises Inc. v. County of Westchester is currently pending in the Commercial Part of the NYS Supreme Court, Westchester County. This case arises out of an agreement between Westchester County and Capstone wherein Capstone agreed to act as the electrical contractor for the modernization of the new Airport Terminal. Capstone is suing the County on various claims for delay and extra work and the County has counter-claimed for defective and incomplete work.
· The Capstone case presents certain issues related to those in Briante and involves some of the same documents and witnesses.
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· It is possible that the Capstone case could go to trial as early as the end of March, 1999 as it was placed on an expedited discovery schedule.
· The County Attorney feels it would serve in the County’s best interests to retain the firm of Mazur, Carp and Rubin in the Capstone case since it is already familiar with the documents and witnesses relevant to the airport modernization project through their work on the Briante matter.
· Total amount not to exceed $30,000.
On motion of Legislator LaMotte, seconded by Legislator Young, the motion to approve this item was carried by a vote of 6-0. (Legislators Kaplowitz and Swanson out for vote)
BOND ACTS:
III. BOND ACTS:
6.* Proposed Bond Act authorizing the issuance of $150,000 in bonds – Fire
and EMS Radio System Upgrade. (2/22/99) (Also referred to PSCJ)
· To finance the acquisition of radio transmission equipment for the County’s Fire and EMS Radio Systems.
· This equipment is needed to safeguard a license from the FCC obtained in 1998 for six new UHF Fire Services dispatch frequencies.
· Establishing a presence on these frequencies is needed to prevent revocation of the license.
· Mrs. LaMotte inquired as to why this project is not in the Operating Budget? Mr. Wishnie responded that it is only a part of a much larger project.
On motion of Legislator Young, seconded by Legislator Carsky, the motion to approve this item was carried by a vote of 7-0. (Legislator Swanson out for vote)
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5. Proposed Bond Act authorizing the issuance of $100,000 in bonds – Roads and Grounds Improvements, Valhalla. (1/25/99)
· Originally this bond act was for authorization of $200,000 in bonds. During sub-committee discussion, it was requested that the construction piece be removed and only the design portion be funded. The bond act was resubmitted by the Administration to reflect that change.
On motion of Legislator Carsky, seconded by Legislator Young, the motion to approve this item was carried by a vote of 7-0. (Legislator Kaplowitz out for vote)
2. Proposed Bond Act authorizing the issuance of $500,000 in bonds –
Yonkers Joint Treatment Plant – Primary Boiler System addition. (7/20/98)
· Commissioner Landi informed the Committee that the addition will not exceed the height of the existing buildings in the area and will be located adjacent to the dewatering building.
· Additional heat is needed to maintain the system, thus the need for this boiler room.
· Mrs. Stewart-Cousins asked if the boiler system could be put into the garage extension and was told by the Commissioner that it could not since the building has since been downsized and there is no room for it.
On motion of Legislator Stewart-Cousins, seconded by Legislator Young, the motion to approve this item was carried by a vote of 7-0 with Legislator Carsky signing “Without Prejudice” and Legislator Swanson out for the vote.
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38. Proposed Bond Act authorizing the issuance of $650,000 in bonds –
Yonkers Joint Treatment Plant Grit Removal Equipment. (1/25/99)
· Replacement of equipment that has been in operation since 1978 and has worn out. The life span on this type of equipment is 10-15 years.
On motion of Legislator Stewart-Cousins, seconded by Legislator Young, the motion to approve this item was carried by a vote of 7-0 with Legislator Swanson out for the vote.
39. Proposed Bond Act authorizing the issuance of $1,000,000 in bonds –
Yonkers Joint Treatment Plant Automatic Skimming System. (1/25/99)
· Addresses issue of getting material to the trough as well as baffles and design work on Phase II.
On motion of Legislator Stewart-Cousins, seconded by Legislator Young, the motion to approve this item was carried by a vote of 8-0 with Legislator Swanson signing “Without Prejudice”.
40. Proposed Bond Act authorizing the issuance of $4,000,000 – Yonkers
Joint Treatment Plant Dewatering Facility. (1/25/99)
· The building to be constructed will be large enough to house the truck. The building will be large enough to add on 2 more hoppers if that is decided on later on.
· Commissioner Landi stated that in the report from Black & Vetch it is stated that additional storage capacity would be a benefit to the plant.
· The original project was for $9 million and 7 additional hoppers. Mrs. Stewart-Cousins stated that the community was always prepared to add the two additional hoppers because of storage capacity necessary in the event of an emergency but the community also wanted to see some basic things done such as finding a garage large enough to house the truck. Additional odor abatement equipment will also be added.
· If the funding is approved construction will begin in the year 2000 and be completed approximately a year later.
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On motion of Legislator Stewart-Cousins, seconded by Legislator Young, the motion to approve this item was carried by a vote of 6-0 with Legislator Carsky signing “Without Prejudice” and Legislators Mosiello and Swanson out for the vote.
34. Proposed Bond Act authorizing the issuance of $1,000,000 in bonds – New Rochelle Sanitary Sewer District Pump Station Rehabilitation. (1/25/99)
On motion of Legislator Young, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 7-0 with Legislator Swanson signing “Without Prejudice” and Legislator Kaplowitz out for the vote.
35. Proposed Bond Act authorizing the issuance of $1,100,000 in bonds – North Yonkers Sanitary Sewer District Pump Station Rehabilitation. (1/25/99)
On motion of Legislator Stewart-Cousins, seconded by Legislator Young, the motion to approve this item was carried by a vote of 7-0 with Legislator Kaplowitz out for the vote.
A&C CALENDAR:
The Committee reviewed the March 11th A&C calendar.
ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Stewart-Cousins, seconded by Legislator Carsky, the meeting was adjourned at 11:05 p.m.