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MINUTES
COUNTY BOARD OF LEGISLATORS

DECEMBER 12, 2005 (10:00 A.M.)

The County Board of Legislators met pursuant to adjournment.

The Honorable William J. Ryan in the Chair.

The Chair opened the meeting with the salute to our flag and an invocation.

The roll call resulted as follows:

Legislators: Young, Oros, Abinanti, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

Absent: None.

Motion – Approval of Minutes. Mr. Young moved that the minutes of November 28, 2005 (Regular Meeting) be approved – Carried.

Mr. Young moved to suspend the regular order of business for the purpose of holding three public hearings.

PUBLIC HEARING: COMMITTEE ON BUDGET & APPROPRIATIONS: Property Lease: LOCAL LAW INTRO 23-2005: Proposed Local Law authorizing the County to enter into a 20 year lease agreement with Twin Lakes Farm, Inc. for the operation of an equestrian center on County property.

There were no speakers.

No other person wishing to be heard, Mr. Young declared the Public Hearing closed.
PUBLIC HEARING: COMMITTEE ON BUDGET & APPROPRIATIONS: Property Lease: LOCAL LAW INTRO 24-2005: Proposed Local Law authorizing the County to enter into a 20 year lease agreement with Riverdale Riding Corp. for the operation of an equestrian center on County property.

There were no speakers.

No other person wishing to be heard, Mr. Young declared the Public Hearing closed.

PUBLIC HEARING: COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC SAFETY: County Firing Range: LOCAL LAW INTRO 25-2005: Proposed Local Law authorizing the County to amend a lease agreement with NYS for 8.4 acres of County property on the Grasslands reservation to accommodate the construction of a County Firing Range.

There were no speakers.

No other person wishing to be heard, Mr. Young moved to close the Public Hearing and resume the regular order of business.

COMMUNICATION: COUNTY ATTORNEY: Lawsuit Settlement: Act authorizing the County Attorney to settle the lawsuit of County of Westchester v. Yonkers Contracting Company was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: CLERK OF THE BOARD: IDA Budget: Westchester County Industrial Development Agency Budget for 2006 was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. URSULA LAMOTTE: HAVA: Correspondence from Assemblywoman Galef regarding recent state legislation (Election Consolidation & Improvement Act of 2005) was on motion of Mr. Young received, filed and referred to the Committee on Community Affairs and the Committee on Technology.

COMMUNICATION: CLERK OF THE BOARD: Early Childhood Programs: Constituent correspondence in support of funding for early childhood programs in the 2006 County Budget was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMITTEE ON BUDGET & APPROPRIATIONS: Property Lease: LOCAL LAW INTRO 23-2005: Local Law authorizing the County to enter into a 20 year lease agreement with Twin Lakes Farm, Inc. for the operation of an equestrian center on County property.

Mr. Kaplowitz presented the following report and Local Law and moved that the report be received, filed and approved and the Local Law adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Abinanti, Alvarado, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 15.

NAY: Legislators: Oros, Astorino - 2.

COMMITTEE ON BUDGET & APPROPRIATIONS: Property Lease: LOCAL LAW INTRO 24-2005: Local Law authorizing the County to enter into a 20 year lease agreement with Riverdale Riding Corp. for the operation of an equestrian center on County property.

Mr. Kaplowitz presented the following report and Local Law and moved that the report be received, filed and approved and the Local Law adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Abinanti, Alvarado, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 15.

NAY: Legislators: Oros, Astorino - 2.

COMMITTEES ON BUDGET & APPROPRIATIONS AND PUBLIC SAFETY: County Firing Range – Environmental: RES 221-2005: Resolution finding no significant impact on the environment from an amendment to the Lease with NYS and the construction of a County Firing Range.

Messrs. Wishnie and Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.

COMMITTEES ON BUDGET & APPROPRIATIONS AND PUBLIC SAFETY: County Firing Range: LOCAL LAW INTRO 25-2005: Local Law authorizing the County to amend a lease agreement with NYS for 8.4 acres of County property on the Grasslands reservation to accommodate the construction of a County Firing Range.

Messrs. Wishnie and Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.

COMMITTEES ON BUDGET & APPROPRIATIONS AND PUBLIC SAFETY: County Firing Range – Bond Act: (BOND) ACT 253-2005: Bond act amending Bond Act 175-2004 authorizing the total issuance of $7,000,000 in County bonds to finance the cost of construction of a new County Firing Range on the Valhalla Campus in Grasslands (BPS10).

Messrs. Wishnie and Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Abinanti, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

COMMITTEES ON BUDGET AND APPROPRIATIONS & PARKS: Easement Agreement: ACT 243-2005: Act authorizing the County to grant a license to TDT, Inc. to construct and operate a sewer main under a portion of the Sprain Lake Golf Course and to grant a perpetual easement to the City of Yonkers to maintain the sewer line.

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: Legislator – Abinanti - 1.

COMMITTEE ON BUDGET & APPROPRIATIONS: Settlement of Lawsuit: ACT 254-2005: Act authorizing the County Attorney to settle the lawsuit of Tracy v. Westchester.

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Abinanti, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

COMMITTEE ON BUDGET & APPROPRIATIONS: Compromise of Claim: ACT 255-2005: Act authorizing the County Attorney to compromise the County’s right to be reimbursed for health care benefits expended on behalf of an insured’s recovery from a legal action (F.J).

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Abinanti, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

COMMITTEE ON BUDGET & APPROPRIATIONS: Compromise of Claim: ACT 256-2005: Act authorizing the County Attorney to compromise the County’s right to be reimbursed for health care benefits expended on behalf of insureds’ recoveries from legal actions (D.M, L.F, W.C., A.S).

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Abinanti, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

COMMITTEE ON BUDGET & APPROPRIATIONS: Compromise of Claim: ACT 257-2005: Act authorizing the County Attorney to compromise the County’s right to be reimbursed for health care benefits expended on behalf of insureds’ recoveries from legal actions (L.M, M.D).

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Abinanti, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

COMMITTEE ON BUDGET & APPROPRIATIONS: Compromise of Claim: ACT 258-2005: Act authorizing the County Attorney to compromise the County’s right to be reimbursed for health care benefits expended on behalf of a police officer from a legal action (Officer J.D).

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Abinanti, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

COMMITTEE ON BUDGET & APPROPRIATIONS: Commencement of Lawsuit: ACT_____-2005: Act authorizing the County Attorney to commence a lawsuit against Piscionere & Nemarow, P.C.

On motion of Mr. Young the following item was Recommitted.
COMMITTEE ON BUDGET & APPROPRIATIONS: Agreement with New York State Nurses Association: ACT 259-2005: Act amending Act 51-2005 between the County and certain County employees represented by the New York State Nurses Association.

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Abinanti, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON HEALTH: Agreement with WCHCC: ACT 260-2005: Act authorizing the County to enter into an agreement with WCHCC whereby WCHCC will provide ambulance services for DSS-operated facilities.

Mr. Kaplowitz and Mrs. Stewart-Cousins presented the following report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Abinanti, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

COMMITTEES ON BUDGET & APPROPRIATIONS AND PUBLIC WORKS: Bond Act: (BOND) ACT 261-2005: Bond Act authorizing the issuance of $130,000 in bonds to finance the cost of plans regarding the reconstruction of Columbus Avenue in the Town of Mount Pleasant (RB065).

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Abinanti, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

COMMITTEE ON LEGISLATION AND COMMITTEE ON HEALTH: Regulation of Tanning Facilities: LOCAL LAW INTRO 22-2005: Local Law regulating the use of tanning facilities by persons under 18 years of age.

Mr. Rogowsky and Mrs. Stewart-Cousins presented the following report and Local Law and moved that the report be received, filed and approved and the Local Law adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Abinanti, Alvarado, Bronz, Burrows, Kaplowitz, LaMotte, Myers, Pinto, Rogowsky, Stewart-Cousins, Wishnie, Chair – 13.

NAY: Legislators: Oros, Astorino, Maisano, Spreckman - 4.

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Women’s Advisory Board Appointment: RES 222-2005: Resolution confirming the appointment of Robin Cook-Brumfield to the County Women’s Advisory Board.

Mr. Pinto presented the following Resolution and moved its adoption, which was declared adopted.

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Youth Board Appointment: RES 223-2005: Resolution confirming the appointment of Tonianne Bellomo to the County Youth Board.

Mr. Pinto presented the following Resolution and moved its adoption, which was declared adopted.

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Youth Board Appointment: RES 224-2005: Resolution confirming the appointment of Renee McDougall to the County Youth Board.

Mr. Pinto presented the following Resolution and moved its adoption, which was declared adopted.

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Distinguished Service Award: RES 225-2005: Resolution bestowing the Westchester County Board of Legislators Distinguished Service Award upon the Honorable Robert P. Astorino.

Mr. Pinto presented the following Resolution and moved its adoption, which was declared adopted.

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Distinguished Service Award: RES 226-2005: Resolution bestowing the Westchester County Board of Legislators Distinguished Service Award upon the Honorable Richard G. Wishnie.

Mr. Pinto presented the following Resolution and moved its adoption, which was declared adopted.

COMMITTEES ON THE ENVIRONMENT & LEGISLATION: Idling Time of Diesel-Powered Vehicles: LOCAL LAW INTRO_____-2005: Local Law with respect to idling times of diesel powered vehicles.

On motion of Legislator Young the following item was Recommitted.
COMMITTEES ON THE ENVIRONMENT & LEGISLATION: Sulfur Diesel Fuel: ACT_____-2005: ACT requiring that all diesel-powered onroad and nonroad vehicles owned or leased on behalf of the County be powered by ultra low sulfur diesel fuel.

On motion of Legislator Young the following item was Recommitted.
COMMITTEES ON THE ENVIRONMENT & LEGISLATION: Cell Phone Disposal: LOCAL LAW INTRO_____-2005: Local Law with respect to the disposal of cellular telephones.
On motion of Legislator Young the following item was Recommitted.
Memorial Resolutions: RES 227-2005:

Mr. Rogowsky: Joseph Carparelli, Harold Drimmer.
Mr. Abinanti: William F. Sturtevant.
Mr. Wishnie: Florence Sutton, Ann Swinton, Martin Habeck.
Mr. Pinto: Robert Bronner, Maria Giardina.
Mr. Young: Michael Pirillo.
Mr. Maisano: Terrence Devlin, Joseph Houlihan.
Mrs. Stewart-Cousins & Mrs. Spreckman: Shimei Canty.
Mrs. Stewart-Cousins: Aaron Brown.
Mr. Oros: John Weisengerber.

The above-named Legislators presented the following memorial Resolutions and moved their adoption, which were declared adopted.

On MOTION of Legislator Young,The Board adjourns.

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