PRESENT: Co-Chair: Swanson, Wishnie. Members: Carsky, Darcy, Latimer, Delfino. Legislators: LaMotte, District 2; Paul Noto, District 6. Staff: John Egner, DPW; Emilia Vita, Secretary.

ALSO PRESENT: Marilyn Slaatten, County Attorney; George Hosey, Chairman, CBAC; Barbara Strauss, Ann Nelson, League of Women Voters.

The meeting was called to order at 2:10 p.m. The minutes of June 3rd were approved and moved on the motion of Legislator Darcy, seconded by Legislator Wishnie [3-0] (Latimer and Delfino out for vote).

The Co-Chairs thanked the County Attorney for attending today’s meeting to discuss her opinion of the Inflow and Infiltration process.

Ms. Slaatten said she reviewed the draft Local Law from the Municipal Officials Association’s bond counsel. Prior to this meeting, the County Attorney received a response from the County Bond Counsel in response to the Association’s Counsel and handed copies to the members. The following issues were outlined as follows:

• It is illegal to proceed this way, State Law is needed to change Westchester County Law 237 to include laterals in the definition of sewers only trunks and outlets are included;
• 5A district must be established, the intention by law, needs for sewers to be defined, the draft law changes this, it needs to take laterals in, you can not just decide laterals are trunks;
• Once that is done, then you can enter into an IMA to portion out the benefit to local municipalities, this needs change in State law as well;
• The draft local law is unclear on the taxing, if there is more than one district, the second district gets taxed, it can not be done this way if there is no benefit in the second district, it will take State law to do either;
• Housekeeping, such as Committee Report, Resolution to call a Public Hearing, which is required by every local law; when adding new laws, underlining is needed, these are simple needs but are fatal if not followed;
• Conflict of the responsibility of the Commissioner of Public Works, of his/her obligations in terms of construction, it fails to take into account what if the IMA was not entered into, clarification is needed for the obligations of municipalities;

• There are no time constraints for a municipality to make its requests, nor a time frame for an IMA to be returned to the Board, they can have as many years or to opt for consideration;
• The Law fails to address the issues of the contract of the Board of A & C.

Several issues were verified for what specifically, is needed to change State law, Ms. Slaatten said, under Chapter 237, it specifically defines sewers as trunk lines and outlets, states local municipalities are responsible for everything else, as the County is grandfathered out of the General Municipal Law. Being grandfathered in, means eliminating unnecessary steps.

Mr. Wishnie said with the steps needed to be taken with the State, the Board will not make the June 30th deadline, Ms. Slaatten agreed. Mr. Latimer said if this is so, the issue should continue to be treated as live and actionable issue until the Board comes to a final decision.

The County Attorney will review the matter further, with suggestions given by the membership. It was also suggested that Mr. Rothman, the Association’s Bond Counsel should review a copy of this response and meet with the President and this Committee as soon as possible.

The Co-Chairs thanked Ms. Slaatten for her informative presentation. They informally asked her opinion of their request for additional language required on the resolution of the Pre Qual legislation. She replied that she will be happy to incorporate the proper language and have it back to Committee as soon as possible.

ITEM D: Newspaper article "Cities Enlisting Private Companies for Sewage Treatment"; Received and filed on the motion of Legislator Carsky, seconded by Legislator Darcy; all in favor [6-0].

ITEM G: Resolution by the Village of Bronxville RE: Mandates for the Sanitary Sewer/System Rehabilitation. Received and filed on the motion of Legislator Carsky, seconded by Legislator Darcy; all in favor [6-0].

With no further business to discuss, the meeting adjourned at 2:50 p.m. on the motion of Legislator Swanson, seconded by Legislator Carsky.