PRESENT: Co-Chair: Wishnie. Members: Carsky, Delfino, Latimer, Darcy. Staff: John Egner, DPW.

ALSO PRESENT: Marilyn Slaatten, County Attorney; Jim Robertson, Senior Assistant County Attorney; Ralph Butler, Deputy Commissioner-DPW.

The meeting was called to order at 2 p.m. and the minutes of March 18th were approved and moved on the motion of Legislator Darcy, seconded by Legislator Delfino.

Legislator Wishnie briefly explained the previous Committee’s efforts to reform and strengthen the procedures of the Prequalification Selection Board and amend the powers of the Board of Acquisition & Contract. The committee asked the opinion of the County Attorney, which a response is in hand and the County Executive has forwarded proposed legislation to amend the rules and procedures of the PREQUAL Board.

A & C Reform: The County Attorney was asked to answer questions regarding the legality and procedures necessary to implement the proposals from the resolution, these are legal opinions, not policy. First, replacement of the Commissioner of Public Works with the Budget Director; the Board is presently composed of the County Executive, Commissioner of DPW and the Chairman of the Board. The Commissioner serves at the pleasure of the County Executive, the Budget Director serves for a fixed term and is removed by the County Board. The Commissioner may be replaced by the Budget Director as the 3rd voting member of A & C only by adoption of a local law subject to mandatory referendum.

The Board Budget Analyst to attend Pre-Board meetings: It would be appropriate to address the Administration to entertain such requests, but is not required legally to acknowledge. The pre board meeting is a business meting held by the Administration and the attendees are the sole prerogative of the Administration.

Procedures to put over items: under the Rules of Standing Committees of the County Board, the Board of A & C has formally adopted similar rule to lay over matters.

In the issue of post approval procedures, seems to be legally defective, which would constitute a vote of the Board to require notice and a public meeting, as stated under NYS Public Officers Law, Article 7.

Acquisition & Contract approval shall not be required for any contract authorized by Board majority: The removal of such authority to approve any contract of class of contracts from the jurisdiction of the Board and Acquisition & Contract would require local laws to amend Westchester County Laws, Chapter 161.

REFORM OF PREQUAL SELECTION BOARD: Requirement of the Chairpersons of the Committees of Public Works and Budget be provided with a listing of all professional contracts every six months would have to be made from all Commissioners of the County, as they are ultimately responsible for contracts that affect their own department. The Commissioner of Finance tract each contract payments and is the only central repository of County Contracts.

The restriction of the Board ability to impose additional duties would abolish, transfer or curtail the power of the County Executive. Therefore, the Board would have to hold a mandatory referendum before legislative proposal can take effect.

Adding the Chairman of the Professional PREQUAL Board would require amending Westchester County Local Law 277.111, by another Local Law. This would not be effective until after a mandatory referendum takes place. Current members of the Selection Board serve entirely at the pleasure of the County Executive, if he does not like their performance, he can remove them.

Eliminating certain language would require adoption to amend Local Law 277.91 (1), (2), (3), the Board may want to consider another mechanism.

Inserting specific language, again required amending the Local Law. However, if the County Executive’s exclusive jurisdiction is eliminated over the selection of the PREQUAL Board, this amendment requires a mandatory referendum according to Home Rule Laws (Section 23).

The membership thanked Ms. Slaatten and her staff for an informative session, Mr. Wishnie said the Committee has come a long way from the beginning process of PREQUAL Board and will continue discussions.

Legislator Wishnie mentioned that on April 9th , the Westchester Municipal Officials will meet and present their proposal for Inflow and Infiltration process to their membership. In the best interest of the County Board, a meeting will be scheduled to meet with Eileen Pilla and her staff along with all Board Members, the Administration and local officials to discuss the presentation. This meeting will be scheduled for Monday, April 29th at 1 p.m. in the Board Chambers.

With no other business to discuss, the meeting adjourned at 3:10 p.m. on the motion of Legislator Delfino, seconded by Legislator Darcy.