MINUTES
COUNTY BOARD OF LEGISLATORS
NOVEMBER 15, 2005 (7:00 P.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, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.
Absent: Legislators: Astorino, Stewart-Cousins - 2.
Motion – Approval of Minutes. Mr. Young moved that the minutes of October 24, 2005 (Regular & Special Meetings) be approved – Carried.
Mr. Young moved to suspend the regular order of business for the purpose of holding five public hearings.
PUBLIC HEARING: COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC WORKS: Sewer District Modification: ACT 213-2005: Act to modify the Peekskill Sanitary Sewer District by the addition of 1 parcel located in the Town of Yorktown.
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 WORKS, HEALTH AND CULTURAL AND ETHNIC DIVERSITY: Sewer District Modification: ACT 217-2005: Act to modify the Blind Brook Sanitary Sewer District by the addition of 18 parcels located in the Town of North Castle.
There were no speakers.
No other person wishing to be heard, Mr. Young declared the Public Hearing closed.
PUBLIC HEARING: COMMITTEES ON LEGISLATION, TRANSPORTATION AND THE ENVIRONMENT: County Airport Terminal Use Procedures: LOCAL LAW INTRO 21-2005: Local Law clarifying the scope of application of the County Terminal Use Procedures.
There was one speaker.
No other person wishing to be heard, Mr. Young declared the Public Hearing closed.
PUBLIC HEARING: COMMITTEES ON LEGISLATION AND TRANSPORTATION: Lease Agreement – County Airport: LOCAL LAW INTRO 19-2005: Local Law authorizing the County to enter into a lease agreement with Piedmont Aviation for space at the County Airport.
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 WORKS: County Water District No. 1: ACT 230-2005: Act regarding a proposed increase and improvements of facilities for County Water District No. 1.
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 EXECUTIVE: Mortgage Tax Receipts: Act authorizing the Commissioner of Finance to pay Mortgage Tax Receipts to Cities, Towns and Villages was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: COUNTY EXECUTIVE: Acceptance of Grant: Acceptance of a $50,000 grant from the US Department of Health and Human Services to continue recruiting and training volunteer medical professionals for the County Medical Reserve Corp was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Health.
COMMUNICATION: COUNTY EXECUTIVE: Acceptance of Grant: Acceptance of a $147,996 grant from the US Department of Justice to purchase building collapse emergency equipment was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: COUNTY EXECUTIVE: Lease Agreement: Local Law authorizing the County to amend a lease agreement with NYS for 8.4 acres of County property on the Grasslands reservation for the County Firing Range was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Safety and Criminal Justice.
COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of a total $7,000,000 in bonds to finance capital improvements at the County Firing Range (BPS10) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Safety and Criminal Justice.
COMMUNICATION: COUNTY EXECUTIVE: Lease Agreement: Local Law authorizing the County to enter into a 20 year lease agreement with Riverdale Riding Center for the operation of an equestrian center was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: COUNTY EXECUTIVE: Agreement with WCHCC: Act authorizing the County to enter into an agreement with WCHCC whereby WCHCC shall provide inoculations for Department of Public Safety employees was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Safety and Criminal Justice.
COMMUNICATION: COUNTY EXECUTIVE: Easement Agreement: Act authorizing the County to enter into an easement agreement with TDT, Inc. to construct and operate a sewer main under a portion of the Sprain Lake Golf Course was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Parks.
COMMUNICATION: COUNTY EXECUTIVE: Lease Agreement: 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 was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: COUNTY EXECUTIVE: Weatherization Referral and Packaging Program: Act authorizing the County to enter into IMA’s with local municipalities under the Weatherization Referral and Packaging Program was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Seniors.
COMMUNICATION: COUNTY EXECUTIVE: Capital Budget Amendment: Act amending the County 2005 Capital Budget regarding the Bronx River Pathway was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Parks.
COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $276,000 in bonds to finance the Bronx River Pathway (BPL11) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Parks.
COMMUNICATION: COUNTY EXECUTIVE: Ambulance Services: Act authorizing the County to enter into an agreement with WCHCC whereby WCHCC will provide ambulance service for DSS facilities was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Health.
COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $250,000 in bonds for a new instructional building at WCC (WCC53) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Education.
COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $705,000 in bonds to finance WCC Technology Building Upgrades (WCC43) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Education.
COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $204,000 in bonds to finance Academic Arts Building Renovation (WCC45) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Education.
COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $112,000 in bonds to finance Classroom Building Renovation (WCC44) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Education.
COMMUNICATION: COUNTY EXECUTIVE: 2006 Proposed Operating Budget: Act adopting the County Budget and making appropriations for the conduct of the County Government in 2006 was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: COUNTY EXECUTIVE: County and Special District Taxes: Act fixing and determining the amounts of the County and Special District Taxes for 2006 and levying such amounts upon the real property liable therefore was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: CLERK OF THE BOARD: HAVA: Correspondence from Assemblywoman Sandra Galef regarding appropriate voting systems to comply with HAVA was on motion of Mr. Young received, filed and referred to the Committee on Community Affairs and the Committee on Technology.
COMMUNICATION: HON. JUDY MYERS: Hispanic Resource Center: Correspondence from the Village of Mamaroneck in support of acquiring a used vehicle for use by the Hispanic Resource Center was on motion of Mr. Young received, filed and referred to the Committee on Community Affairs.
COMMUNICATION: HON. MARTY ROGOWSKY: Electronic Voting Systems: Fact sheet from the office of Congressman Henry Waxman regarding the GAO’s determination that there is a need for continuing federal efforts to improve electronic voting systems was on motion of Mr. Young received, filed and referred to the Committee on Community Affairs and the Committee on Technology.
COMMUNICATION: COUNTY ATTORNEY: Compromise of Claim: 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 recoveries was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: HON. TOM ABINANTI: NACO Large Urban Caucus: Newsletter from the NACO Large Urban Caucus was on motion of Mr. Young received, filed and referred to the Committee on Legislation and the Committee on Intergovernmental Relations.
COMMUNICATION: CLERK OF THE BOARD: Low Income Home Energy: Resolution from the Herkimer County Legislature in support of the federal Low-Income Home Energy Assistance Program was on motion of Mr. Young received, filed and referred to the Committee on Energy and the Committee on Housing.
COMMUNICATION: HON. WILLIAM J. RYAN: Handicap-Accessible Housing: Constituent correspondence regarding the need to publicize the availability of accessible County housing for wheelchair users and persons with walking impairments was on motion of Mr. Young received, filed and referred to the Committee on Housing.
COMMUNICATION: COUNTY ATTORNEY: Compromise of Claim: 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 recoveries (F.J) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: HON. JUDY MYERS: Sulfur Emissions: Constituent correspondence in opposition to low sulfur fuel oil legislation was on motion of Mr. Young received, filed and referred to the Committee on Environment and the Committee on Legislation.
COMMUNICATION: CLERK OF THE BOARD: Agricultural Districts: Information from the NYS Department of Agriculture regarding the eight-year review of County agricultural districts was on motion of Mr. Young received, filed and referred to the Committee on Environment.
COMMUNICATION: HON. MARTY ROGOWSKY: Sewer District Modification: Resolution from the Village of Port Chester requesting the removal of three parcels from the County Sewer District (Rockland Avenue) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and The Committee on Public Works.
COMMUNICATION: HONS. LOIS BRONZ & BERNICE SPRECKMAN: Spay/Neuter Van: Constituent communication in support of a low cost, mobile spay/neuter van for the County was on motion of Mr. Young received, filed and referred to the Committee on Environment and the Committee on Community Affairs.
COMMITTEE ON BUDGET AND APPROPRIATIONS & PUBLIC WORKS: Sewer District Modification – Environmental: RES_____-2005: Resolution finding no significant impact on the environment from the addition of I parcel of property to the Peekskill Sanitary Sewer District.
On motion of Legislator Kaplowitz the following item was Recommitted.
COMMITTEE ON BUDGET AND APPROPRIATIONS & PUBLIC WORKS: Sewer District Modification: ACT 213-2005: Act to modify the Peekskill Sanitary Sewer District by the addition of 1 parcel located in the Town of Yorktown.
On motion of Legislator Kaplowitz the following item was Recommitted.
COMMITTEES ON BUDGET AND APPROPRIATIONS, PUBLIC WORKS, HEALTH AND CULTURAL AND ETHNIC DIVERSITY: Sewer District Modification – Environmental: RES 204-2005: Resolution finding that the environmental impacts associated with the addition of 18 parcels into the Blind Brook Sanitary Sewer District were addressed in the DEIS and FEIS and that no physical changes in use will result from the passage of the following Act.
Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEES ON BUDGET AND APPROPRIATIONS, PUBLIC WORKS, HEALTH AND CULTURAL AND ETHNIC DIVERSITY: Sewer District Modification: ACT 217-2005: Act to modify the Blind Brook Sanitary Sewer District by the addition of 18 parcels located in the Town of North Castle.
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, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.
NAY: None.
COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC WORKS: County Water District No. 1: ACT 230-2005: Act regarding a proposed increase and improvements of facilities for County Water District No. 1.
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, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.
NAY: None.
COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC WORKS: County Water District No. 1: RES 205-2005: Resolution finding that the proposed improvements to County Water District No. 1 are in the public interest and reaffirming that the proposed improvements will not constitute an undue burden on the property which will bear the cost thereof and that all real property to be assessed related to the project will be benefited by the proposed improvements.
Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC WORKS: Bond Act: (BOND) ACT 234-2005: Bond Act authorizing the issuance of $1,500,000 in bonds to finance County-wide Road Rehabilitation Program (RB105).
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, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.
NAY: None.
COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC WORKS: Bond Act: (BOND) ACT 235-2005: Bond Act authorizing the issuance of $200,000 in bonds to finance Forcemain Repair/Replacement (SW020).
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, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.
NAY: None.
COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC WORKS: Bond Act: (BOND) ACT 236-2005: Bond Act authorizing the issuance of $200,000 in bonds to finance Emergency Generator Replacement – Yonkers Joint Wastewater Treatment Plant (SY014).
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, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.
NAY: None.
COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC WORKS: Bond Act: (BOND) ACT 237-2005: Bond Act authorizing the issuance of $750,000 in bonds to finance Flow Monitoring Phases II and III (SW070).
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, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.
NAY: None.
COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC SAFETY: Bond Act: (BOND) ACT_____-2005: Bond Act amending a prior bond act authorizing the total issuance of $5,780,000 in bonds to finance New/Replacement Locking Systems at the County Correctional Complex (BCR14).
On motion of Legislator Young the following item was Recommitted.
COMMITTEES ON BUDGET & APPROPRIATIONS AND PARKS: Miracle Field Bond Act: (BOND) ACT 238-2005: Bond Act authorizing the issuance of $525,000 in bonds to finance the cost of construction of athletic field at Ridge Road Park in Hartsdale under the Westchester County Legacy Program (BLA01).
Messrs Kaplowitz and Rogowsky 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, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.
NAY: None.
COMMITTEE ON BUDGET & APPROPRIATION: Auditing Services: RES 206-2005: Resolution authorizing the Chair of the Board of Legislators to enter into a contract with Bennett Kielson Storch DeSantis for the provision of professional auditing services for 2005-2007.
Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEES ON LEGISLATION, TRANSPORTATION AND THE ENVIRONMENT: County Airport Terminal Use Procedures: LOCAL LAW INTRO 21-2005: Local Law clarifying the scope of application of the County Terminal Use Procedures.
Mr. Rogowsky 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, Oros, Abinanti, Alvarado, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.
NAY: None.
COMMITTEES ON LEGISLATION AND TRANSPORTATION: Lease Agreement – County Airport: LOCAL LAW INTRO 19-2005: Local Law authorizing the County to enter into a lease agreement with Piedmont Aviation for space at the County Airport.
Mr. Rogowsky 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, Oros, Abinanti, Alvarado, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.
NAY: None.
COMMITTEES ON LEGISLATION & HEALTH: Regulation of Tanning Facilities: RES 207-2005: Setting a Public Hearing on a proposed Local Law regulating the use of tanning facilities by persons under 18 years of age. [Public Hearing set for November 28, 2005; at 7:30 p.m.; LOCAL LAW INTRO 22-2005.]
Mr. Rogowsky presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Community College Board of Trustees Appointment: RES 208-2005: Resolution confirming the appointment of Joseph McLaughlin to the Westchester County Community College Board of Trustees.
Mr. Pinto presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Laboratories and Research Board of Managers Appointment: RES 209-2005: Resolution confirming the appointment of Richard Friedman to the County Laboratories and Research Board of Managers.
Mr. Pinto presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Youth Board Appointment: RES 210-2005: Resolution confirming the appointment of Sorraya Sampson 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: Human Rights Commission Appointment: RES 211-2005: Resolution confirming the appointment of Olivia King to the County Human Rights Commission.
Mr. Pinto presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Hispanic Advisory Board Reappointment: RES 212-2005: Resolution confirming the reappointment of Robin Bikkal to the County Hispanic Advisory Board
Mr. Pinto presented the following Resolution and moved its adoption, which was declared adopted.
Memorial Resolutions: RES 213-2005:
Mr. Pinto, Mr. Maisano, Mr. Burrows & All Legislators: Dante James Alberi.
All Legislators: Corrinne (Tocci) Connors.
Mr. Wishnie: William Masullo.
Mr. Wishnie, Mr. Abinanti & Mr. Burrows: Neil Hess.
Mr. Burrows & Mrs. Spreckman: Linda Margaret Kluzek.
Mr. Rogowsky & All Legislators: Wellington Mara.
Mr. Astorino: Christine L. Mastrangelo, Erin Solarski.
Mr. Pinto: George A. Gruber, Louis Raffiani, Luigina Tedesco.
Mr. Young: Terrell Joyner, Jesse Henry.
Mrs. LaMotte: Peter Oneto, Alice T. Schumann.
Mr. Oros & All Legislators: Rosa Parks.
Mrs. Myers: Julian Bernstein.
Mr. Maisano & All Legislators: Edward F. Carafa.
Mr. Maisano: Christian M. Penna.
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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