Minutes of the Annual Meeting of the Power - New York Power ...
Minutes of the Annual Meeting of the Power - New York Power ...
Minutes of the Annual Meeting of the Power - New York Power ...
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April 24, 2007<br />
“It is difficult to place a monetary value on this 10-year-old bus. Type D school buses such as this one are<br />
built to have a 10-year life. The Authority’s canvass in 2005 <strong>of</strong> <strong>New</strong> <strong>York</strong> City bus operators failed to find an<br />
operator interested in accepting even a no-cost loan <strong>of</strong> <strong>the</strong> bus. Fur<strong>the</strong>rmore, any operator accepting <strong>the</strong> bus would<br />
need to install a charging infrastructure that would cost at least $5,000. This cost, toge<strong>the</strong>r with <strong>the</strong> fact that<br />
Westinghouse technical support is no longer available, detracts from <strong>the</strong> bus’ value. BHCSD, on <strong>the</strong> o<strong>the</strong>r hand,<br />
already has charging infrastructure in place, and has proven to be an excellent steward <strong>of</strong> <strong>the</strong> bus. It has provided<br />
<strong>the</strong> Authority with performance data and will continue to do so. Therefore, staff recommends that <strong>the</strong> Authority<br />
transfer <strong>the</strong> bus to BHCSD at no cost.<br />
“Title 5-A <strong>of</strong> Article 9 <strong>of</strong> <strong>the</strong> Public Authorities Accountability Act (<strong>the</strong> ‘Act’) and <strong>the</strong> Authority’s<br />
Guidelines for <strong>the</strong> Disposal <strong>of</strong> Personal Property (<strong>the</strong> ‘Guidelines’) allow <strong>the</strong> Authority, with <strong>the</strong> approval <strong>of</strong> <strong>the</strong><br />
Trustees, to dispose <strong>of</strong> Authority property by negotiation and for less than fair market value when <strong>the</strong> disposal <strong>of</strong><br />
property is intended to fur<strong>the</strong>r public health and safety. Accordingly, based on <strong>the</strong> foregoing, transferring ownership<br />
<strong>of</strong> <strong>the</strong> bus to BHCSD at no cost, for continued demonstration <strong>of</strong> <strong>the</strong> advantages <strong>of</strong> clean, energy-efficient electricdrive<br />
technology for school bus applications as part <strong>of</strong> <strong>the</strong> Authority’s mission <strong>of</strong> lessening dependence on imported<br />
oil and improving air quality, complies with <strong>the</strong> Act and <strong>the</strong> Guidelines.<br />
“The Act and <strong>the</strong> Guidelines require <strong>the</strong> purpose and <strong>the</strong> terms <strong>of</strong> such disposal to be documented in<br />
writing and approved by resolution <strong>of</strong> <strong>the</strong> Trustees. Fur<strong>the</strong>r, <strong>the</strong> Act and <strong>the</strong> Guidelines require that an explanatory<br />
statement be prepared <strong>of</strong> <strong>the</strong> circumstances <strong>of</strong> each disposal by negotiation and be transmitted to <strong>the</strong> <strong>New</strong> <strong>York</strong> State<br />
Comptroller, <strong>the</strong> Director <strong>of</strong> <strong>the</strong> Budget, <strong>the</strong> Commissioner <strong>of</strong> General Services and <strong>the</strong> Legislature not less than 90<br />
days in advance <strong>of</strong> <strong>the</strong> disposal. Accordingly, this transfer is subject to approval by <strong>the</strong> Trustees and <strong>the</strong> timely<br />
filing <strong>of</strong> <strong>the</strong> required statement. This Trustee action, if adopted, would constitute <strong>the</strong> foregoing required explanatory<br />
statement and Trustee action.<br />
“The transfer is to be fur<strong>the</strong>r conditioned on <strong>the</strong> execution <strong>of</strong> an agreement between BHCSD and <strong>the</strong><br />
Authority. The terms <strong>of</strong> such an agreement are to include transferring <strong>the</strong> bus in its ‘as is’ condition and such<br />
additional provisions that reasonably safeguard <strong>the</strong> Authority from future responsibility.<br />
FISCAL INFORMATION<br />
“The bus will be transferred to BHCSD at no payment to <strong>the</strong> Authority.<br />
RECOMMENDATION<br />
“The Senior Vice President – Energy Services and Technology and <strong>the</strong> Vice President – Procurement and<br />
Real Estate recommend that, pursuant to Title 5-A <strong>of</strong> Article 9 <strong>of</strong> <strong>the</strong> Public Authorities Law and <strong>the</strong> Authority’s<br />
Guidelines for <strong>the</strong> Disposal <strong>of</strong> Personal Property, <strong>the</strong> Trustees authorize <strong>the</strong> transfer <strong>of</strong> ownership <strong>of</strong> <strong>the</strong> Authority’s<br />
Blue Bird electric school bus to Byram Hills Central School District. The transfer <strong>of</strong> this property to <strong>the</strong> School<br />
District for its use for as long as is technically and economically feasible will provide both an immediate benefit to<br />
<strong>the</strong> school district and a long-term benefit to <strong>the</strong> State by demonstrating <strong>the</strong> feasibility <strong>of</strong> clean, energy-efficient<br />
electric-drive technology for school bus applications.<br />
“The Executive Vice President and General Counsel, <strong>the</strong> Executive Vice President and Chief Financial<br />
Officer, <strong>the</strong> Executive Vice President – Corporate Services and Administration, <strong>the</strong> Senior Vice President – Public<br />
and Governmental Affairs and I concur in <strong>the</strong> recommendation.”<br />
The following resolution, as submitted by <strong>the</strong> President and Chief Executive Officer, was unanimously<br />
adopted.<br />
RESOLVED, That pursuant to Title 5-A <strong>of</strong> Article 9 <strong>of</strong> <strong>the</strong> Public<br />
Authorities Law, <strong>the</strong> Authority’s Guidelines for <strong>the</strong> Disposal <strong>of</strong> Personal<br />
Property, and <strong>the</strong> <strong>Power</strong> Authority Act, <strong>the</strong> Trustees hereby approve <strong>the</strong><br />
transfer <strong>of</strong> ownership <strong>of</strong> <strong>the</strong> Authority’s 1997 Blue Bird electric-powered<br />
school bus (VIN 1BAAGBUH5VF072614) to Byram Hills Central School<br />
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