COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES

FEBRUARY 4, 2002

ATTENDANCE:

B & A MEMBERS: Wishnie, Alvarado, Abinanti, Bronz, LaMotte, Oros,

Stewart-Cousins, Swanson

HOUSING MEMBERS: Bronz, Stewart-Cousins, Oros

COMMUNITY AFFAIRS MEMBERS: Alvarado, Bronz, Oros, Swanson, Stewart-Cousins, Young

MINORITY AFFAIRS MEMBERS: Young, Alvarado, Bronz, Spreckman

ENV & HEALTH MEMBERS: LaMotte, Ryan, Swanson, Bronz

OTHERS: Budget Dept.: Kate Carrano, Arthur Vietro; Office for Women: Camille Murphy; C.E.’s Office: Bill Randolph, Susan Tapper; WWA: Julie Domonkos; Planning: Norma Drummond, Fran McLaughlin; Epstein, Becker & Green: Alan Scheinkman; Pace Women’s Justice Center: Rebecca Fialk, Audrey Stone, Vicki Lutz, Cindy Kanusher; West/Put Legal Services: Barbara Finkelstein; CBAC: Fran MacEachron; County Attorney’s Office: Charlene Indelicato, Lori Alesio; Urban County Council: Richard Herbek; Westchester Arts Council: Joanne Mongelli; BOL: Chris Chang, Sally Schecter, Robert J. Boland, Tina Seckerson

Chairman Wishnie called the Budget Committee meeting to order at 9:15 a.m.

Chair Bronz called the Housing Committee meeting to order at 9:15 a.m.

DISCUSSION:

A6: Community Development Block Grants, Federal HOME Program and Emergency Shelter Grants: Proposed Act authorizing the filing of an application for Community Development Block Grant funds, Federal HOME Program funds and the Emergency Shelter Grant Program funds. (1/22/02) (Also referred to Housing)

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· The three grant programs are: CDBG, Federal HOME Program & Emergency Shelter Grant Program

· The Federal award will provide approximately $7,004,000 from CDBG, $1,654,000 from HOME and $232,000 from ESG.

· Westchester Consortium is the18^th largest grant program

· Ms. Drummond reviewed the spread sheets and some of the changes in grants that were made.

· ESG: funding as much homeless prevention as possible. There is an application process which is followed.

· HOME Program: would create an additional 32 units, most of which will be homeowner units. This is a first come, first serve program.

· Construction projects decreased but costs increased. Work with communities, on design and bring bid ready plans and assist them with construction management. Had to bring on an entry-level architect because one went out on maternity leave.

· CDBG: putting a lot of money into rehabilitation. Next cycle will be a two year cycle because of census data.

· Nine projects will create or retain affordable housing, ten projects will provide improved and safer access to transportation and seventeen projects will provide expanded opportunities for daycare of seniors and youth.

FOR THE BUDGET COMMITTEE:

On motion of Legislator LaMotte, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 8-0.

FOR THE HOUSING COMMITTEE:

On motion of Legislator Stewart-Cousins, seconded by Legislator Bronz, the motion to approve this item was carried by a vote of 3-0.

MINORITY AFFAIRS AND ENVIRONMENT & HEALTH COMMITTEES:

Chairman Young called the Minority Affairs Committee meeting to order at 9:40 a.m.

Acting Chair Ryan called the Environment Committee meeting to order at 9:40 a.m.

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MINORITY AFFAIRS QUORUM:

On motion of Legislator Alvarado, seconded by Legislator Bronz, the motion to set the Minority Affairs Committee quorum at 2 was carried by a vote of 4-0.

COMMUNITY AFFAIRS COMMITTEE:

Chairman Alvarado called the Community Affairs Committee meeting to order at 9:50 a.m.

A4: Millennium Pipeline: Proposed Act authorizing the CountyAttorney to

institute legal proceedings on behalf of the County of Westchester and its residents and taxpayers against Columbia Gas Transmission Corporation, et al. (1/22/02) (Also referred to Community Affairs, Environment & Health, and Minority Affairs)

· For the purpose of challenging, among other things, the routing and construction of a high-pressure natural gas line through sections of the county, including county roads, parks and other facilities.

· On November 19, 2001, FERC issued an Order approving Millennium’s proposal for construction and operation of a natural gas line through various sections of the county. One of the requirements of the order is that Millennium meet with officials from the City of Mount Vernon within the next 60 days to attempt to reach an agreement on a route through Mount Vernon to an interconnection with Con Ed’s high-pressure line. Even if Millennium refuses to budge from its present route, FERC has stated that at the end of that time period it will issue a final order authorizing Millennium to construct the pipeline.

· The pipeline, as approved, would for a substantial distance, bi-sect and permanently disfigure the Sprain Ridge Park, run under the middle of the North County and South County Trailways and run under the Bronx River Parkway Reservation.

· The construction would also result in the destruction and removal of mature trees and other vegetation and would require that the areas above and adjacent to the pipeline’s path remain devoid of trees.

· Numerous sites, such as the Briarcliff-Peekskill Trailway, the Stokes-GreenPark, the Ottinger Open Space Parcel and the Hudson Hills Golf Course would be negatively impacted by the pipeline.

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The pipeline would cross or run in very close proximity to County drinking water mains and County sanitary sewer lines.

The pipeline threatens to harm the Hudson River, the Catskill Aqueduct, the CrotonRiver and several other waterbodies and wetlands.

The pipeline, as presently proposed, poses special concerns to the city of Mount Vernon as the area that it is planned to traverse is densely populated. The construction of the pipeline threatens to severely impact the Mount Vernon residents and the economy of the City.

When asked if any communities are in favor of pipeline Mr. Scheinkman responded no, although some have not objected to it.

FOR THE BUDGET COMMITTEE:

On motion of Legislator Abinanti, seconded by Legislator Oros, the motion to approve this item was carried by a vote of 8-0.

FOR THE COMMUNITY AFFAIRS COMMITTEE:

On motion of Legislator Oros, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 6-0.

FOR THE ENVIRONMENT & HEALTH COMMITTEE:

On motion of Legislator LaMotte, seconded by Legislator Swanson, the motion to approve this item was carried by a vote of 4-0.

FOR THE MINORITY AFFAIRS COMMITTEE:

On motion of Legislator Alvarado, seconded by Legislator Spreckman, the motion to approve this item was carried by a vote of 4-0.

A3: CountyLegal Representation: Proposed Act authorizing the County to retain, at County expenses, the law firm of Epstein, Becker & Green, to provide legal representation to the County in 2002 with respect to various energy and utility regulatory matters and related issues. (1/22/02)

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· His firm is currently actively engaged in various proceedings on behalf of the County challenging certain tariff rates collected by Con Ed which impose additional costs on county ratepayers in order to subsidize New York City ratepayers.

· In addition, the firm has represented the County before FERC on a number of issues, including the application by Millennium Pipeline Company for construction of a natural gas pipeline through Westchester.

· The firm will be paid a not-to-exceed amount $150,000. Rates are $205.00 per hour for partners and senior associates; $160.00 per hour for junior associates and $70.00 per hour for paralegals, together with reimbursement for all reasonable expenses.

· The contract will be funded from the Law Department’s Litigation Budget.

· Deregulation of electric generation has caused a myriad of problems for consumers and businesses in the county which ahs resulted in the county’s involvement in a substantial number of administrative and court proceedings. It is expected that the number of such proceedings will only increase as the affects of deregulation becomes more apparent.

· The law Department does not have the resources or level of staffing that is necessary to address all of the issues that have arisen or are expected to arise during the coming year. The Law Department has one attorney in the Contracts Bureau who is responsible for all these matters, and given the total level of current staffing and caseloads, no other attorneys can be spared for this task.

· The Committee requested the Law department amend the language in the Committee Report and Act to reflect that under the contract the law firm will be procuring technical consultants subject to the County’s Procurement Policy.

On motion of Legislator Abinanti, seconded by Legislator LaMotte, the motion to approve this item, as amended, was carried by a vote of 8-0.

ADJOURNMENTS:

FOR THE MINORITY AFFAIRS COMMITTEE:

There being no further items for discussion, on motion of Legislator Spreckman, seconded by Legislator Alvarado, the meeting was adjourned at 10:50 a.m.

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FOR THE COMMUNITY AFFAIRS COMMITTEE:

There being no further items for discussion, on motion of Legislator Alvarado, seconded by Legislator Swanson, the meeting was adjourned at 10:50 a.m.

FOR THE ENVIRONMENT & HEALTH COMMITTEE:

There being no further items for discussion, on motion of Legislator Ryan, seconded by Legislator LaMotte, the meeting was adjourned at 10:50 a.m.

FOR THE HOUSING COMMITTEE:

There being no further items for discussion, on motion of Legislator Oros, seconded by Legislator Stewart-Cousins, the meeting was adjourned at 10:50 a.m.

A10: Outside Counsel: Proposed Act authorizing the retention of outside counsel in the matter of Ralph Martinelli v. Leonard Spano, et al. (1/22/02)

· Ralph Martinelli publishes 8 local newspapers in Westchester. He commenced this civil rights action in the United States District Court alleging that defendants, Leonard Spano and the County of Westchester, violated plaintiff’s right to free speech as guaranteed under the first Amendment to the United States Constitution. He alleges that the defendants conspired to retaliate against him by removing the names of the 8 individual local publications from the designation of newspapers maintained by the CountyClerk’s office.

· The firm of Wilson, Elser, Moskowitz, Edelmen and Dicker was retained to represent Leonard Spano and the County of Westchester in an “of counsel” capacity in this matter. During the initial stages of discovery it was discovered that the County will assert a different position and/or affirmative defenses in defense of this litigation.

· It is inappropriate for an attorney to represent clients with conflicting interests in the same litigation. Pursuant to the Laws of Westchester countyLeonard Spano is entitled to representation by private counsel at the expense of the County.

· CountyAttorney’s office will represent the County.

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On motion of Legislator Oros, seconded by Legislator Alvarado, the motion to go into Executive Session at 10:58 a.m. to discuss details of this matter was carried by a vote of 8-0.

On motion of Legislator Abinanti, seconded by Legislator Stewart-Cousins, the motion to go out of Executive Session at 11:09 a.m. was carried by a vote of 8-0.

On motion of Legislator Abinanti, seconded by Legislator Alvarado, the motion to approve this item was carried by a vote of 8-0 with Legislators Stewart-Cousins, Abinanti, Oros and Swanson signing “Without Prejudice”.

A&C CALENDAR:

· Camille Murphy was in to discuss numerous items that were held over at last week’s A&C Meeting.

· Committee was assured that all programs funded by the Board of Legislators will be handled in a timely fashion.

· Committee reviewed this week’s A&C Calendar. All questions and requests for back-up info were referred to Bob Boland.

MINUTES:

On motion of Legislator Stewart-Cousins, seconded by Legislator Alvarado, the motion to approve the Minutes of January 23, 2002 and January 30, 2002 was carried by a vote of 8-0.

ADJOURNMENT:

There being no further items for discussion, on motion of Legislator Oros, seconded by Legislator LaMotte, the meeting was adjourned at 11:50 a.m.