MINUTES
ENVIRONMENT MEMBERS: Kaplowitz, LaMotte
OTHERS: C.E.’s Office: Bill Randolph, Symra Brandon; Law Dept.: Stacey Dolgin Kmetz; Budget Dept.: Kate Carrano, Leslie Bennett; DOT: Commissioner Salley; Finance Dept.: Commissioner Pucillo; CBAC/LWV: Barbara Strauss Youth Bureau: Anne Boyer; BOL: Legislator Bronz, Barbara Dodds, Sally Schecter, Tara Bernard, Robert Boland, Christopher Chang, Tina Seckerson
BUDGET COMMITTEE:
Chairman Wishnie called the Budget Committee meeting to order at 10:12 a.m.
MINUTES:
On motion of Legislator Kaplowitz, seconded by Legislator LaMotte, the motion to approve the Minutes of January 22, 2001 was carried by a vote of 5-0 with Legislator Abinanti out for the vote.
DISCUSSION:
1.* Outside Counsel: Authorizing the County to employ, at County expense, the law firm of Mazur, Carp and Rubin, P.C. to serve in an “of Counsel” capacity to the County Attorney in connection with Popoli Construction, Inc. v. County of Westchester, et al; County of Westchester v. Berger, Lehman Associates, P.C., a construction litigation matter in which the County has been named a defendant. (1/22/01)
· Ms. Dolgin Kmetz informed the Committee that they have used this firm in the past and as a consultant on this matter since the spring of 1998. She explained that they had hoped to settle this matter but the two sides are too far apart at this point.
· This is a construction litigation matter that involves work on the Bronx River Parkway Bridge in White Plains.
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· Plaintiff Popoli seeks to recover costs for the performance of certain work (“shoring” which is support or reinforcement for the bridge) which it alleges was not considered in the contract, nor was there a payment mechanism for such work. The County claims that shoring was clearly called for under the plans , and if the plaintiff had a question concerning payment or other design issues, it should have been raised prior to bid.
· Plaintiff is seeking $199,816.14 for furnishing and installing the shoring and is demanding an additional $1,000,000 in punitive damages.
· In addition the County has filed a third party complaint against Berger Lehman Associates, the design consultant who prepared the contract documents for Defense and Indemnification.
· Firm will be retained for an amount not to exceed $50,000. ($263.25 per hour for Ira Schulman and $188-$238 per hour for associates)
· Litigation is usually charged directly to the capital project.
On motion of Legislator LaMotte, seconded by Legislator Swanson, the motion to approve this item was carried by a vote of 5-0 with Legislator Abinanti out for the vote)
4.* COUNTY ATTORNEY: Payment of Outside Counsel: Amending Act 181-2000 which authorized and designated legal representation for the Westchester County Board of Elections. (1/22/01)
· Act 181-2000 authorized the Commissioner of Finance to pay an amount not to exceed $20,000 for legal services rendered in connection with a lawsuit which was expected to be filed by a County employee and/or other candidates against the Board of elections relating to the September 2000 judicial primary for the Conservative Party and Independent Party lines.
· The litigation has been concluded however the need for legal services connected with this matter exceeded the $20,000 authorization.
· The primary reason for the cost overrun was unanticipated costs related to an appeal of the matter.
· This legislation will provide authority to increase the not-to-exceed value of the contract with Samuel Yasgur, Esq. To $27,953, in order that the final invoice be paid.
On motion of Legislator Stewart-Cousins, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 5-0 with Legislator Abinanti out for the vote.
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7.* Budget Transfer Resolution: Proposed Budget Transfer Resolution. (1/22/01)
· Committee transfer for $140,000 out of savings in certiorari proceedings account to the Public Utility Service Agency account. This transfer is required to fulfill a contract with an outside consultant and provide for reimbursement for legal services provided by the Department of Law in connection with the activities that were undertaken in regard to energy issues.
· There are a umber of lawsuits and they can’t say how long the litigation will last
· $60,000 is needed to pay the outside law firm for legal services; the remaining $80,000 is for the costs incurred by the County Attorney’s office.
· Committee requested the budget for the Public Utility Agency for 2000-2001 in order to substantiate this transfer
· The current agreement with Epstein Becker is for consulting services. The new County Attorney will probably be submitting a resolution to change it to include legal services.
· Budget will provide a list of what has been charged
· Committee asked about the possibility of a presentation from the consultant. Since the consultant is no longer being used and has yet to be paid, it is highly unlikely that they would appear before the Committee for a presentation.
· Committee did not act at this time
6.* Tax Distribution Acts: Proposed Acts fixing and determining the amounts of County taxes to be levied against the various towns and cities together with County warrants for the collection of such taxes. (1/22/01)
· There was a discussion as to what the County’s MTA share goes for.
· It was explained that there are certain items that if the County does not pay (such as MTA share) the State can withhold other aid to the County.
· The MTA issue will be discussed as part of the next legislative package.
On motion of Legislator LaMotte, seconded by Legislator Swanson, the motion to approve this item was carried by a vote of 5-0 with Legislator LaMotte signing “Without Prejudice” and Legislator Abinanti out for the vote.
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8.* Invest-in-Kids IMA: Proposed Act authorizing the County to enter into an IMA under the County’s Urban Youth Initiative “Invest-in-Kids” program with various municipalities. (1/22/01)
· Ms. Boyar explained that they have made some inroads with communities that previously haven’t done much with Invest-in-Kids.
· It was an open competitive process whereby the RFP emphasized 12 month programs geared towards academic support. RFP’s were sent out in July of 2000. Yonkers did not apply.
· The programs focus on cultural diversity, educational enrichment, vocational skills, socialization and citizenship aimed at supporting positive youth development.
· There are a couple of new programs being funded.
· There is still $87,000 from the last IMA not distributed that will go toward an IMA with Mt. Vernon for the Safe Places Program.
On motion of Legislator Stewart-Cousins, seconded by Legislator Swanson, the motion to approve this item was carried by a vote of 5-0 with Legislator Abinanti out for the vote.
ENVIRONMENT COMMITTEE:
Chairman Kaplowitz called the environment Committee to order at 10:45 a.m.
12. Passenger Facility Charge: Proposed Local Law amending Local Law No. 5-1992 and adding Section 245.41 to the Laws of Westchester County to authorize the County of Westchester to impose a Passenger Facility Charge of up to $4.50 per passenger enplaned at Westchester County Airport. (1/22/01 – Placed directly in B&A and Env. by Chairman Latimer)
· The Passenger Facility Charge (PFC) Program was established by the Aviation Safety and Capacity expansion Act of 1990 and its implementing regulations under which the FAA could authorize a public agency to impose a PFC of up to $3.00 per enplaned passenger at a commercial service airport.
· The proceeds from such PFCs may be used to finance FAA approved eligible airport related projects that preserve or enhance the safety, security or capacity of the national airport system; reduce the noise from an airport that is part of such system; or furnish opportunities for enhanced competition among air carriers.
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· The Board of Legislators adopted Local Law 5-1992 authorizing the County to collect the $3.00 PFC .
· This legislation requests authority to apply to the FAA to increase the PFC charge to $4.50 per passenger.
· Money collected from the PFC at the airport will be used to complete parallel taxiway and taxiway systems and light general aviation infrastructure
· The Committee discussed whether the “user fee” is the appropriate way to increase revenue at the airport. It was suggested that perhaps there should be an increase in the cost for various leases at the airport rather than burden the passengers with the increase in fees. It was stated that the County has lowered rental fees for tenants. How much have we reduced fees?
· It was noted that other airports, such as Stewart, charge a $4.50 PFC.
· In 1999 the total number of passengers carried by non-commercial airlines was 2958.
· As this legislation is a local law, it requires a public hearing be held.
· Budget Committee members felt it would be appropriate to sign it out of Budget Committee to allow for full review and discussion in Environment Committee.
FOR THE BUDGET COMMITTEE:
On motion of Legislator Stewart-Cousins, seconded by Legislator Swanson, the motion to approve this item was carried by a vote of 4-1 with Legislator LaMotte being recorded in the negative, Legislators Kaplowitz, Swanson and Stewart-Cousins signing “Without Prejudice” and Legislator Abinanti out for the vote.
A&C CALENDAR:
Committee reviewed the February 1, 2001 A& C Calendar
ENVIRONMENT COMMITTEE ADJOURNMENT:
There being no further items for discussion, on motion of Legislator LaMotte, seconded by Legislator Kaplowitz , the meeting was adjourned at 11:20 a.m.
BUDGET COMMITTEE ADJOURNMENT:
There being no further items for discussion, on motion of Legislator Stewart-Cousins, seconded by Legislator Kaplowitz, the meeting was adjourned at 11:20 a.m.