MINUTES
OTHERS: C.E.’s Office: Bill Randolph, Ingrid Bent; CBAC: George Hosey, Barbara Strauss; Budget Dept.: Dianne Vanadia; PRC: Commissioner DeSantis; Planning: Jerry Mulligan, Sabrina Charney; Dolt: Kay Foster; Friends of Marshlands: Irene Saltzburg; County Attorney’s Office: Alan Scheinkman; BOL: Legislator Oros, Robert Hoch, Chris Chang, Sally Schecter, Robert J. Boland, Tina Seckerson
Chairman Wishnie called the meeting to order at 10:12 a.m.
DISCUSSION:
MINUTES:
On motion of Legislator Kaplowitz, seconded by Legislator Stewart-Cousins, the motion to approve the Minutes of March 13, 2000 was carried by a vote of 8-0.
CONTRACT FOR MASTER PLAN FOR PRC:
· A contract for Phase II of the PRC Master Plan was on the A&C Calendar last week.
· Commissioner DeSantis was in to discuss the scope of Phase II. Initially 31 firms were issued. It took seven months for them to choose Vollmer to prepare Phase II of the Master Plan. Phase I included, inventory, site analysis, recreational component survey, marketing recommendations, and fee structures. Phase II will look at additional swimming and golfing possibilities, examine all of Playland’s components, how does Playland relate to rest of parks system, and five individual master plans for Bronx River Parkway Reservation, Kensico Dam Plaza, Mountain Lakes Park, Kingsland Point Park, and Sprain Ridge Park.
· Scope of Phase II was driven by the results of Phase I.
· Parks Board has been included every step of the way and is in favor of this.
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· A future presentation, with the consultant, will be held with the appropriate committee.
HILLPOINT PROPERTY PURCHASE:
A1.* Hillpoint Property Purchase: Proposed legislation authorizing the County to acquire an undivided 50% interest in the Southern portion of the Hillpoint Property. (3/13/00) (Also referred to ENV)
· Hillpoint Property is known as the Hudson Highlands Gateway.
· The property is 352 acres. Portion county will buy is 149 acres (southern property) and will be going into a partnership with the Town of Cortlandt. The remainder will be owned by Scenic Hudson. The total purchase price for the Southern potion is $2,950,000. The County will pay $1 million towards the purchase price and the Town will pay the balance of the purchase price, plus all adjustments and closing costs.
· Protection has been engineered by the Scenic Hudson Group
· Will have a conservation easement on it.
· Town of Cortlandt will agree tot he following: assume all obligations for the management of the Southern property; to comply with certain affordable housing requirements (not on the Southern property) consistent with the County’s affordable housing goals as set forth in the IMA, and to accept the transfer of approximately one-half mile of county road.
· Legislator Oros stated that he felt it was great that the County, State, Town were working together on this matter. Legislator Stewart-Cousins encouraged the County to work in this manner with other municipalities.
On motion of Legislator Kaplowitz, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 8-0.
B7.* HON. GEORGE OROS: Hillpoint Property Acquisition: Forwarding a letter from the Cortlandt Town Attorney regarding the proposed acquisition of the Hillpoint Property. (3/13/00) (Also referred to ENV)
On motion of Legislator Stewart-Cousins,, seconded by Legislator Kaplowitz, the motion to Receive and File this item was carried by a vote of 8-0.
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WATERSHED IMA:
A8. County Watershed IMA’s: Proposed Act authorizing the County to enter into IMA’s with the ten Northern Westchester Municipalities located in whole or in part in the Croton Watershed. (2/28/00) (Also referred to ENV)
· This item was also referred to the Environment Committee and was signed out by Environment on March 14th.
· The IMA’s would provide for the development of a Croton Plan, including providing each of the ten Northern Westchester Municipalities up to $10,000 of County funds to draw upon to pay for certain costs and expenses incurred in developing the Croton Plan, provided each municipality properly invoice the costs and expenses with the County so that the County may seek reimbursement of such costs and expenses from the New York City Department of Environmental Protection.
On motion of Legislator Kaplowitz, seconded by Legislator Young, the motion to approve this item was carried by a vote of 8-0.
C BOND ACTS: (NOTE: All bond acts have been reviewed by sub-committees of B&A)
22. BGS19: Proposed Bond Act authorizing the issuance of $1,000,000 in Bonds – Westnet Infrastructure and Local Area Network Upgrade. (2/28/00)
· Required to fund the cost of the acquisition of computer facilities to accommodate increasing network traffic and bandwidth demand and upgrade network infrastructure.
On motion of Legislator Carsky, seconded by Legislato Kaplowitz, the motion to approve this item was carried by a vote of 8-0 with Legislator Swanson signing “Without Prejudice”.
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23. BGS20: Proposed Bond Act authorizing the issuance of $570,000 in Bonds – Purchase of Computers. (2/28/00)
· To finance the cost of acquisition of computer equipment to improve computing capacity, such as client servers and mid-range computers. The acquisition will allow for conversion of the County’s computer systems from mainframe processors to a client server platform.
On motion of Legislator Carsky, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 8-0 with Legislator Swanson signing “Without Prejudice”.
24. BGS26: Proposed Bond Act authorizing the issuance of $600,000 in Bonds – Work Force Automation. (2/28/00)
· Required to finance the cost of the acquisition of hardware, software and integration services for County wide or departmental information technology projects.
· The funds will be used to acquire an automated system for controlling inventory and assets that will be integrated with the County’s purchasing and financial systems.
On motion of Legislator Carsky, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 8-0.
25. BIT02: Proposed Bond Act authorizing the issuance of $735,000 in Bonds – Electronic Government and Public Access. (2/28/00)
· Required to purchase hardware and software to facilitate use of the Internet and related technologies to provide better and more cost-effective access to County government services and information.
· This includes acquisition of new technology in the following areas: video conferencing, multi media (equipment), smart card system at Playland, digital certification and Web Software.
On motion of Legislator Carsky, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 8-0 with Legislator Swanson signing “Without Prejudice”.
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26. BIT03: Proposed Bond Act authorizing the issuance of $2,000,000 in Bonds – New Desktop Studies. (2/28/00)
· To fund the cost of new personal computers.
· These computers will additions to the existing base resulting from increased automation or implementation of new applications in specific departments.
· Included in the year 2000 is funding for the acquisition of approximately 600 desktop units to replace the NYS terminals in DSS.
On motion of Legislator Carsky, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 8-0 with Legislator Swanson signing “Without Prejudice”.
27. BIT04: Proposed Bond Act authorizing the issuance of $3,225,000 in Bonds – Software Acquisition POWER Tools. (2/28/00)
· To finance the cost of the POWER tools project. (POWER stands for Productivity Optimization Workflow Empowerment Reengineering Toolsets.
· This will build the foundation for future software development by providing reusable software components including GIS, Case Management, Workflow Engineering and Document Management, Knowledge Management Project and Resource Management, Database Management and Facilities Management and Monitoring.
On motion of Legislator Carsky, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 8-0 with Legislator Swanson signing “Without Prejudice”.
31. P0004: Proposed Bond Act authorizing the issuance of $1,200,000 in Bonds – Bronx River Parkway Repaving Program. (2/28/00)
· No action will be taken on this item at this time. There are issues to be clarified in Public Works Committee tomorrow with regard to repaving, guiderails and signage.
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32. P0010: Proposed Bond Act authorizing the issuance of $500,000 in Bonds – Bronx River Parkway Signage. (2/28/00)
· No action will be taken on this item at this time. There are issues to be clarified in Public Works Committee tomorrow with regard to repaving, guiderails and signage.
33. RB01E/RB02R: Proposed Bond Act Amendment authorizing the issuance of $1,500,000 in Bonds – Albany Post Road over Annsville Creek, Cortlandt Bridge rehabilitation and Rehabilitation of Broad Street Viaduct, Yonkers. (2/28/00)
· The bridge at Albany Post Road over Annsville Creek is estimated to cost $650,000. Work will include replacement of the existing concrete deck structure.
· The Broad Street Viaduct in Yonkers is estimated to cost $850,000. Work will include repairs and waterproofing of the arch face, and repairs to stem walls and drainage systems.
· Previous bonding legislation in the amount of $150,000 was authorized pursuant to Act 82-1999. No funds have been borrowed against this authorization. This bond act amends Act 82-1999 and is for a total bonding amount of $1.5 million.
On motion of Legislator Kaplowitz, seconded by Legislator Noto, the motion to approve this item was carried by a vote of 8-0 with Legislator Swanson signing “Without Prejudice”.
34. RB2GG: Proposed Bond Act authorizing the issuance of $300,000 in Bonds – Rehabilitation of Westchester Avenue Bridge, Westbound over Mamaroneck River, Harrison. (2/28/00)
· To finance the rehabilitation of the Westchester Avenue Bridge, Westbound over Mamaroneck River, Harrison. Work will include repairs to the concrete deck and waterproofing.
· The total estimated cost of rehabilitation under the requested bonding authorization is $350,000 to be financed with $300,000 in bonds and $50,000 in cash.
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On motion of Legislator Kaplowitz, seconded by Legislator Noto, the motion to approve this item was carried by a vote of 8-0.
36. RB041: Proposed Bond Act authorizing the issuance of $500,000 in Bonds – Rehabilitation of Long Ridge Road, Bedford/Pound Ridge. (2/28/00)
· To finance the cost of design of a rehabilitation of Long Ridge Road in Bedford and Pound Ridge (3.53 miles of roadway from Pound Ridge Road [Route 172] to the Connecticut line). The work will include resurfacing, drainage, reflectorized pavement markers and shoulder repairs.
On motion of Legislator Kaplowitz, seconded by Legislator Noto, the motion to approve this item was carried by a vote of 8-0.
37. RGIP1: Proposed Bond Act authorizing the issuance of $200,000 in Bonds – General Infrastructure ADA. (2/28/00)
· To fund renovations at Saxon Woods and Sprain Lake Golf Course Clubhouses necessary to comply with the Americans with Disabilities Act.
On motion of Legislator Kaplowitz, seconded by Legislator Noto, the motion to approve this item was carried by a vote of 8-0.
38. RGIP2, RLAS3, RMUS3 and RP23E: Proposed Bond Act authorizing the issuance of $160,000 in Bonds – Park Wide Comfort Station Rehabilitation, Lasdon Maintenance Facility, Muscoot Farm, Music Tower Stage. (2/28/00)
· Park wide Comfort Station Rehabilitation ($50,000): rehab of 39 of the existing toilet buildings in the park system which are over 30 years old.
· Lasdon Maintenance Facility ($35,000): Renovate existing barns located on the 27 acre parcel on the northern side of Route 35 into a new maintenance facility.
· Muscoot Farm ($15,000): Design funds for bridge abutments for a foot bridge connecting Muscoot Farm with Lasdon Park.
· Music Tower Stage ($60,000): To provide a new, permanent stage to replace the temporary stage at the base of the Music Tower.
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On motion of Legislator Kaplowitz, seconded by Legislator Noto, the motion to approve this item was carried by a vote of 8-0.
39. RGIP7: Proposed Bond Act authorizing the issuance of $720,000 in Bonds – General Infrastructure Active Recreation. (2/28/00)
· Required to finance improvements to the playgrounds at active recreation areas at Kensico Dam Plaza, Ridge Road Park, Saxon Woods and Sprain Ridge Parks.
On motion of Legislator Kaplowitz, seconded by Legislator Noto, the motion to approve this item was carried by a vote of 8-0.
40. RMUS5: Proposed Bond Act authorizing the issuance of $300,000 in Bonds – Roof Replacement Muscoot Farm. (2/28/00)
· To fund roof replacement at Muscoot Farm.
· The structures that will receive roof replacement are the Main House, Activities Building and Reception Center.
· Committee requested a listing of what roofs that have already been done and a breakdown of what will be done under this bond act.
On motion of Legislator Kaplowitz, seconded by Legislator Noto, the motion to approve this item was carried by a vote of 8-0 with Legislators Carsky and Swanson signing “Without Prejudice”.
41. RP23C: Proposed Bond Act authorizing the issuance of $350,000 in Bonds – Bathhouse Restoration and administration Relocation. (2/28/00)
· To fund design of a rehabilitation of the bathhouse at Playland.
On motion of Legislator Kaplowitz, seconded by Legislator Noto, the motion to approve this item was carried by a vote of 8-0.
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DSS OFFICE OF HOUSING SERVICES-FACILITIES UTILIZATION REPORT:
Legislator Stewart-Cousins requested a breakdown of the cost of the units. She stated that the amount we pay to shelter families is disproportionate to the amount we would pay to keep families in their apartments or houses. She further stated that she is hoping that if we continue to see the visuals on this that we will begin to do something aggressive to make this more reasonable.
LEGAL PROCEEDINGS:
A9.* Authorizing the Institution of Legal Proceedings against Con Ed, et al.: Proposed Act authorizing the institution of legal proceedings against Con Edison, et al to challenge, among other things, the imposition of ratepayers of additional costs incurred by Con Edison as the result of the Indian Point shutdown. (3/13/00)
· On February 15, 2000, Con Ed shout down its Indian Point Nuclear Generating Station No. 2 due to a leak in one of the steam generators. The County mobilized various resources in responding to this event, including the activation of the emergency operations center. The County incurred additional costs in responding to and resulting from the events of February 15th.
· Indian Point 2 is currently shut down while Con Ed checks the condition of the steam generators and tries to determine the cause of the leak.
· Indian Point 2 is the only nuclear plant operating with the original Model 44 steam generators. All other nuclear plants with this model of steam generators have replaced them with newer models.
· At recent NYS Assembly Hearings, Con Ed admitted that it purchased, as part of a settlement with the manufacturer of these steam generators, four new steam generators in 1988 at a price of $39 million. In newspapers articles in 1990 Con Ed stated it intended to replace the steam generators in 1993. Now, it claims they are scheduled for replacement in 2004.
· Con Edison admitted it was aware of leaks in November of 1998 and that the rate of leaks increased in late January or early February of this year.
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· While Indian Point 2 is shut down, Con Ed will be required to purchase replacement power which will result in a net additional cost of approximately $600,000 a day or approximately $18,000,000 a month. Con Ed intends to recover all of this cost, except for the first $833,00 per month, from its ratepayers through the Fuel Adjustment Clause and eventually through the Monthly Adjustment Charge. Westchester ratepayers constitute 15% of Con Ed’s system. The imposition of these costs will result in ratepayers living in Westchester paying approximately $2,575,000 per month in additional costs.
· The Public Service Commission (PSC) has the right to institute a proceeding to determine whether these costs were prudently incurred by Con Ed and whether those costs should be borne by Con Ed or the ratepayers. The PSC has not initiated such a proceeding and Con Ed has stated it intention to pass on these costs to the ratepayers.
· There is a provision in the rules and regulations of the PSC which says that where there is an unexpected change in fuel costs that Con Ed has the right, without having to get prior provision from the PSC, to pass that along to its customers. Mr. Scheinkman stated that the County’s view of that is that it was really intended to cover things like unexpected spiking in fuel costs, i.e. if fuel cost go up due to marketing conditions, Con Ed has the right to pass that along. What is being questioned here is if that is something of this nature.
· Mr. Scheinkman informed the Committee that in 1982, then Attorney General Robert Abrams, challenged this clause on a similar circumstance relating to Indian Point 2. That Court decided at that time that under the Fuel Adjustment Clause they could pass it along as long as there was no showing that what was done was really being done deliberately or intentionally. Eventually the Attorney General did prevail in convincing the PSC subsequently to rescind the charges. He stated that he believes the earlier case is distinguishable in that there’s a record hereof being able to show that this was a deliberate, conscious, economic decision at that time that Con Ed made (not to replace generators) and that Con Ed ratepayers should not be automatically asked to pay for something that Con Ed decided to do for economic reasons.
On motion of Legislator Stewart-Cousins, seconded by Legislator Young, the motion to approve this item was carried by a vote of 8-0.
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EXECUTIVE SESSION:
On motion of Legislator Carsky, seconded by Legislator Swanson, the motion to go into Executive Session at 11:10 a.m. to discuss litigation strategy was carried by a vote of 8-0.
On motion of Legislator Kaplowitz, seconded by Legislator Carsky, the motion to go out of Executive Session at 11:14 a.m. was carried by a vote of 8-0.
B6.* COUNTY ATTORNEY: Compromise of Claim: Proposed Act authorizing the County Attorney to compromise a claim of Westchester County for business interruption losses at 100 East 1st Street, Mount Vernon, as the result of a fire that occurred on March 11, 1999. (3/13/00)
· In 1999 there was a fire on the roof of the County’s Mount Vernon Office Building.
· Glenco Building Service was in the process of re-tarring the roof of the building when a fire occurred. Glenco’s Insurance Company, the Hartford, has already paid 100% of the property loss claim filed by the County. The instant claim is for business interruption costs.
· Because the building had to be closed for a period of time for repair work, some County employees had to be sent home or relocated. The County continued to pay their salaries during that time. Additionally, the County had to use its employees to clean up the building and thus paid those employees wages and overtime. The salaries, wages and overtime costs were $42,000. The insurance carrier has offered to settle the claim for $30,000.
On motion of Legislator Kaplowitz, seconded by Legislator Carsky, the motion to approve this item was carried by a vote of 7-0.
A&C CALENDAR:
The Committee reviewed the March 23, 2000 A&C Calendar.
ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Kaplowitz, seconded by Legislator Swanson, the meeting was adjourned at 11:25 a.m.