A press release sent out by the Board of Legislators on Thursday contained a number of incorrect statements and assertions.
There was nothing “illegal” or even uncommon about Thursday’s Board of Acquisition & Contract meeting at which the county approved work to begin on the renovation of the Yonkers Joint Wastewater Treatment Plant.
The renovation project has been before the county since 2009 and the approval process has been fully transparent each step along the way. The contract approved on Thursday had been reviewed and recommended by the county’s departments of Law, Budget and Public Works and is similar to past contracts approved by the Board of Acquisition and Contract.
BOL Chairman Ken Jenkins is incorrect in suggesting the project is “subject to a public referendum since it exceeds the county’s bond cap of $10 million.”
The project does not involve bonding. It is being financed out of the operating budget and is not subject to restrictions on bonding.
The project is being financed through the operating budget and not as a bond so the county can take advantage of a below market interest rate program offered by the New York Power Authority. This program will save the county $1 million in interest charges compared to traditional bonding. In addition to those savings, the $9 million project will more than pay for itself by substantially reducing the county’s carbon footprint (lowering CO2 emissions by 7,607 tons a year) and producing $1 million in annual energy savings.
The assertion by Chairman Jenkins that Public Works and Transportation Commissioner Jay T. Pisco did not have the authority to vote on the contract is also incorrect.
Though Commissioner Pisco is still awaiting confirmation by the Board of Legislators, both case law and the opinion of the County Attorney are clear on the point that appointees of the County Executive immediately assume the duties of their office once they are sworn in. Pisco was sworn in as commissioner on Jan. 23.
The claim in the press release that Commissioner Pisco’s appointment “was turned down by the BOL on Monday, February 13 at its regular meeting” is misleading at best. The vote by the board involved whether to send Commissioner Pisco’s appointment, as well as other appointments by the County Executive, to various committees for review. This was a procedural vote and not a vote on the merits of any of the individuals, which is made clear by a review of the meeting. Accordingly, all of these individuals will continue to serve in their positions with the full responsibilities and authority of their roles, until formal action on their appointments is taken by the BOL.