MINUTES
OTHERS: C.E.’s Office: Bill Randolph; Budget Dept.: Leslie Bennett; CBAC: George Hosey, Fran MacEachron; DOT: Larry Salley, Harry Stanton; Law Dept: Alan Scheinkman; Planning: Mindy Moore; Youth Bureau: Anne Boyer; BOL: Robert Boland, Sally Schecter, Chris Chang, Tina Seckerson
Chairman Wishnie called the meeting to order at 10:10 a.m.
DISCUSSION:
MINUTES:
On motion of Legislator Kaplowitz, seconded by Legislator Noto, the motion to approve the Minutes of May 15, 2000 and May 22, 2000 was carried by a vote of 8-0.
A2.* Invest-in-Kids: Proposed Act authorizing the County to enter into IMAs with various municipalities for the provision of services under the County’s Urban Youth Initiative “Invest-in-Kids” Program. (5/22/00)
· Between state and local funding we touch the lives of 98,000 kids per year. Invest-in-Kids benefits 10,000 kids.
· They are moving toward 12 month a year cycles for the programs.
On motion of Legislator Kaplowitz, seconded by Legislator Young, the motion to approve this item was carried by a vote of 8-0.
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WCC Resolutions (3): Re: 2000/2001 WCC Budget
(1) Designating The Journal News (all editions), The Patent Trader and The Westchester County Press as the papers in which to publish the Notice of Public Hearing for the Public Hearing on the WCC Proposed 2000/2001 Budget set for July 31, 2000 at 7:00 p.m.
(2) Setting the rules for the WCC Proposed Budget Public Hearing
(3) Suspending Rules 9 and 11 of the Rules of the Westchester County Board of Legislators with regard to the WCC Proposed Budget Public Hearing
On motion of Legislator Young, seconded by Legislator Kaplowitz, the motion to approve the above (3) referenced resolutions with regard to the WCC Proposed Budget Public Hearing was carried by a vote of 8-0.
Items 2A & 2B: County Attorney in re: Outside Counsel (Reno/Reynolds)
· The Committee considered two acts for authorization for the retention of outside counsel in the following matters: (1) Robert Reno v. County of Westchester, and Olney Reynolds and (2) Olney Reynolds v. County of Westchester, and Robert Reno.
· The County Attorney explained that according to the disciplinary rules governing the conduct of attorneys, it is inappropriate for an attorney to represent a client in one matter while taking a position adverse to that client in another matter.
· The Plaintiff, Robert Reno, an employee of the County’s PRC department in the title of Manager of the Westchester County Center commenced this negligence action in the Supreme Court alleging, among other things, that the defendant County of Westchester and Olney Reynolds negligently caused him bodily injury by creating a hostile work environment. County Attorney Scheinkman recommended the retention of Gross & Gross in an amount not to exceed $30,000 in this matter.
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· Plaintiff Olney Reynolds, an employee of Westchester County PRC in the title of Recreation Supervisor at the County Center commenced this civil rights action in the U.S. District Court for the Southern District of New York alleging, among other things, that the defendants County of Westchester and Robert Reno violated his constitutional right to equal protection of the law. County Attorney Scheinkman recommended the retention of Michael Sirignano in an amount not to exceed $30,000 in this matter.
On motion of Legislator Carsky, seconded by Legislator LaMotte, the motion to approve the above referenced items was carried by a vote of 8-0.
A7.* Institution of Legal Proceedings: Proposed Act authorizing the institution of legal proceedings against Con Edison to challenge, among other things, the Public Service Commission’s February 28, 2000 Order Concerning Retail Access Implementation Plan -–Phase 3. (5/22/00)
· The PSC has been working with Con Ed to restructure retail access charges to customers for deregulation.
· Under deregulation electric generation, the energy itself, will be subject to a competitive market in which residential and commercial customers will be able to select the company that provides them with electricity.
· The transmission and distribution of electricity will continue to be regulated and provided to most customers in Westchester by Con Ed.
· It is believed that the market cost of energy will be 2 cents/kwh less in Westchester County than in NYC.
· Because the PSC wanted the total rates charged to similar customers in NYC and Westchester to be the same, in order to preserve reductions in rates in NYC, it permitted Con Ed to back out the costs of energy, capacity and ancillary services from the full service rate to arrive at the transmission costs to be charged. This will result in Westchester ratepayers paying a substantially larger portion of Con Ed’s stranded costs through a higher delivery charge and will deprive Westchester ratepayers from receiving the promised benefits of a competitive electrical market.
· County Executive Spano requested permission to personally address the PSC before they issued their ruling but his request was denied.
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· The County Attorney distributed copies of Westchester County’s comments in opposition to the proposed retail access phase 3 implementation plan detailing the monthly adjustment clause.
On motion of Legislator Young, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 8-0.
B7. COUNTY ATTORNEY: Lawsuit Settlement: Proposed Act authorizing the County Attorney to settle the lawsuit entitled Thalle Construction Co., Inc. v. The County of Westchester by payment from the County of Westchester to Thalle Construction Co. Inc. in the amount of $150,000.00. (5/8/00)
· This is an action for alleged breach of contract brought in Supreme Court by the plaintiff, Thalle Construction Company against Westchester County.
· Thalle alleges that DPW improperly designed a liner containment system for the Sprout Brook Residue Disposal Site – Phase II. As a result, Thalle claims that they were forced to perform extra work and work for an additional three months beyond the contract completion date.
· Mr. Kaplowitz noted that the legislation should read “Cortlandt” not Croton. The change was made.
On motion of Legislator Carsky, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 8-0.
A6. Water Quality Improvement – Pound Ridge Town Pond and Long Island Sound: Proposed Act authorizing the County to enter into an IMA with the Town of Pound Ridge to undertake a project designed to improve the water quality of Pound Ridge Town Park and Long Island Sound. (5/8/00) (Also referred to ENV)
· The pond at the Town Park has become increasingly shallow due to the accumulation of sediment over the past several decades. Due to the shallow pond depths and an influx of nutrients into the pond, the aquatic vegetation, including algae, has become a chronic and acute problem.
· To reduce the risk of further sedimentation and reduce maintenance costs in the future, this project will include installation of a permanent sediment basin and a vegetated aquatic bench and filter strip around much of the pond.
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· This legislation was signed out by the Environment Committee.
On motion of Legislator LaMotte, seconded by Legislator Kaplowitz, the motion to approve this item was carried by a vote of 8-0.
B16. HON. GEORGE LATIMER: Pay Plan Amendment: Forwarding a Proposed Pay Plan Amendment – Addition of Program Analyst Title. (3/27/00)
Committee will discuss this matter at a future meeting.
RECEIVE & FILE:
On motion of Legislator Young, seconded by Legislator Noto, the motion to Receive and File items A1, A5, A10 and A4 was carried by a vote of 8-0.
A1.* Gift Acceptance: Acceptance of a gift from Hudson Valley Bank to be used to sponsor the New York Philharmonic Concert. (5/22/00)
A4. Certiorari Refunds: Forwarding a package of court-ordered certiorari refunds. (5/8/00)
A5.* Gift Acceptance: Acceptance of a gift from Dort A. Cameron III to be used for the Trailside Nature Museum. (5/22/00)
A10.*Gift Acceptance: Acceptance of a gift from Alex Funicello, M.D. to be used at Merritt Hill Park. (5/22/00)
A&C MATTERS:
The Committee discussed several matters appearing on the A&C Calendar, including:
· (#15) Authority to enter into lease agreements with four rental car companies for the use of an additional parking area at Westchester County Airport for a five year term at an aggregate annual rental of $16,476.00 invoiced monthly at $1,373.00 to be allocated among the lessees on an agreed-upon basis.
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· Mr. Boland reported that Chairman Latimer expressed concern about expansion of the Airport. The Committee was assured that this will not entail any expansion of the airport nor is it taking any space from the parking garage. These are parking spaces that were formerly allocated for employee parking that are not needed for employee parking.
· (#9) Resolution authorizing the agreement between the county of Westchester and M.A.C.C. Real estate and Development Corp. to assist in completing the construction of 6 affordable homeownership units at Warren Avenue and Beech Street in the Town of Greenburgh.
· This agreement would allow the county to enter into an agreement with M.A.C.C. to provide a grant from the federal HOME Investment Partnership Program to assist in completing the construction of the six units. The amount of the grant is $150,000.00, pursuant to an approved budget, and the term of the agreement is June 15, 2000 to June 14, 2001. The grant will fund the completion of the construction and cover the soft cost incidental to the construction.
· (#1) Resolution to award to the low bidder Contract 00-201: Maintenance and Service of Integrated Security System Correctional Facilities
· 3 bids were received and Fire Systems submitted the low bid.
Committee reviewed the June 8th A&C agenda.
ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Noto, seconded by Legislator Kaplowitz, the meeting was adjourned at 11:23 a.m.