MINUTES
COUNTY BOARD OF LEGISLATORS
NOVEMBER 28, 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, 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 15, 2005 (Regular Meeting) be approved – Carried.
Mr. Young moved to suspend the regular order of business for the purpose of holding a public hearing.
PUBLIC HEARING: COMMITTEES ON LEGISLATION & HEALTH: Regulation of Tanning Facilities: LOCAL LAW INTRO 22-2005: Proposed Local Law regulating the use of tanning facilities by persons under 18 years of age.
There were 10 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: Collective Bargaining Agreement: Act amending a Collective Bargaining Agreement with those County employees represented by the NYS Nurses Association was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: COUNTY EXECUTIVE: License Agreement: Act authorizing the County to enter into an IMA with the Town of Cortlandt whereby the County would license 161 acres of parkland to the Town for recreational purposes was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Parks.
COMMUNICATION: HON. URSULA LAMOTTE: CROP Hunger Walk: Correspondence from the Pound Ridge Community Church regarding the annual CROP Hunger Walk in Ward Pound Ridge Reservation was on motion of Mr. Young received, filed and referred to the Committee on Community Affairs and the Committee on Parks.
COMMUNICATION: HON. JUDY MYERS: Day Laborers Van: Correspondence from the Town of Mamaroneck in support of a van for use at the Columbus Park day laborers site was on motion of Mr. Young received, filed and referred to the Committee on Labor.
COMMUNICATION: HON. JUDY MYERS: Broadband Investment and Consumer Choice Act: Correspondence from the Town of Mamaroneck in opposition to the federal Broadband Investment and Consumer Choice and Video Choice Acts was on motion of Mr. Young received, filed and referred to the Committee on Community Affairs, the Committee on Legislation and the Committee on Technology.
COMMUNICATION: HON. MICHAEL KAPLOWITZ: Clean Water Protection: Draft resolution in support of the Clean Water Protection/Flood Prevention Act was on motion of Mr. Young received, filed and referred to the Committee on Environment.
COMMUNICATION: HON. URSULA LAMOTTE: POMCO: Constituent/employee correspondence regarding POMCO coverage denial was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Mortgage Tax Receipts: ACT 239-2005: Act authorizing the Commissioner of Finance to pay Mortgage Tax Receipts to Cities, Towns and Villages.
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 AND APPROPRIATIONS: Property Lease: RES 214-2005: Setting a Public Hearing on a 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. [Public Hearing set for December 12, 2005; at 10:00 a.m.; LOCAL LAW INTRO 23-2005.]
Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Property Lease: RES 215-2005: Setting a Public Hearing on a 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. [Public Hearing set for December 12, 2005; at 10:00 a.m.; LOCAL LAW INTRO 24-2005.]
Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PARKS: Capital Budget Amendment: ACT 240-2005: Act amending the County 2005 Capital Budget by amending the financing for Capital Project BPL11.
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 AND APPROPRIATIONS AND THE COMMITTEE ON PARKS: Bond Act: (BOND) ACT 241-2005: Bond Act authorizing the issuance of $276,000 in County bonds to finance the cost of construction of the Bronx River Reservation Trailway (BPL11).
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 AND APPROPRIATIONS AND THE COMMITTEE ON PARKS: Property Conveyance – Environmental: RES 216-2005: Resolution finding no significant impact on the environment from the conveyance of certain County-owned residual parcels of property to the City of Rye.
Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PARKS: Property Conveyance: ACT 242-2005: Act authorizing the conveyance of certain County-owned residual parcels to the City of Rye for park and recreation purposes.
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 AND APPROPRIATIONS AND THE COMMITTEE ON 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.
Messrs. Kaplowitz and Alvarado presented the following report and Act and moved that the report be received, filed and approved and the Act adopted.
The motion made by Mr. Abinanti, seconded by Mr. Wishnie, to postpone discussion of the following item until the December 12, 2005 Board meeting 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 & SENIORS: Weatherization Program: ACT 244-2005: Act authorizing the County to enter into IMA’s with local municipalities under the Weatherization Referral and Packaging Program pursuant to the Older Americans Act.
Mr. Kaplowitz and Mrs. Spreckman 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 & SENIORS: Older Americans Act: ACT 245-2005: Act authorizing the County to enter into IMA’s with local municipalities pursuant to the Older Americans Act.
Mr. Kaplowitz and Mrs. Spreckman 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 & SENIORS: Elderly Community Services: ACT 246-2005: Act authorizing the County to enter into IMA’s with local municipalities for the provision of the NYS Community services for the Elderly Program.
Mr. Kaplowitz and Mrs. Spreckman 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 & SENIORS: In-Home Services: ACT 247-2005: Act authorizing the County to enter into IMA’s with local municipalities for the provision of the Expanded In-Home Services for the Elderly Program.
Mr. Kaplowitz and Mrs. Spreckman 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 & SENIORS: Supplemental Nutrition Assistance: ACT 248-2005: Act authorizing the County to enter into IMA’s with local municipalities to implement the Supplemental Nutrition Assistance Program.
Mr. Kaplowitz and Mrs. Spreckman 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 & SENIORS: Senior Employment: ACT 249-2005: Act authorizing the County to enter into a grant agreement with NYS Office for the Aging for the provision of the Senior Community Service Employment program.
Mr. Kaplowitz and Mrs. Spreckman 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 & PUBLIC SAFETY: Bond Act: (BOND) ACT 250-2005: Bond Act amending Bond Act 136-2004 authorizing the total issuance of $5,780,000 in bonds to finance replacement of locking systems in County correctional facilities (BCR14).
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.
COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC SAFETY: Health Services: ACT 251-2005: Act authorizing the County to enter into an agreement with Westchester County Health Care Corporation (WCHCC) whereby WCHCC shall provide inoculations for department of Public Safety employees.
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 COUNTY OFFICERS AND DEPARTMENTS: Hispanic Advisory Board Appointment: RES 217-2005: Resolution confirming the appointment of Zoila Tazi to the County Hispanic Advisory Board.
Mr. Pinto presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: WCHCC Reappointment: RES 218-2005: Resolution confirming the reappointment of John Heimerdinger to the Westchester County Health Care Corporation Board.
Mr. Pinto presented the following Resolution and moved its adoption, which was declared adopted.
SPECIAL ORDERS: CHAIR OF THE BOARD AND THE COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC SAFETY: County Firing Range: RES 219-2005: Setting a Public Hearing on a 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. [Public Hearing set for December 12, 2005; at 10:00 a.m.; LOCAL LAW INTRO 25-2005.]
Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.
Legal Proceedings: ACT 252-2005: An Act authorizing and directing the County Attorney to institute legal proceedings on behalf of the County of Westchester against the City Council of the City of Yonkers, et al to challenge the November 22, 2005 adoption of a general ordinance by the City County amending Sec. 43-167 (c) of the Yonkers Zoning Code.
On motion of Mr. Burrows, the following item was placed on the agenda by unanimous consent.
Mr. Kaplowitz made a motion to amend the legislation to read “….Institute and/or Join Legal Proceedings…” which amendment was approved unanimously.
Mr. Burrows 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.
Memorial Resolutions: RES 220-2005:
All Legislators: Thomas Abinanti.
Mr. Kaplowitz: James D. Curry, Louise "Peg" Prezzano
Mr. Kaplowitz, Mr. Abinanti, & Mr. Burrows: Marshall S. Goldman
Mr. Maisano: Anne T. Cerussi, Victor J. Oliveira, Mitchell Berke, Rachel D’Onofrio, Edimea Romano, Donald E. Linnehan, Jr., George John Patouhas, Warren Armiento, Rosa Comunale, Vito LaCroce, Gloria Rose Bianca, Gordon William Kann, Jr., James Patrick Hennessy, John Schueger, Marie A. Gallucci, Eugene Staudt.
Mrs. LaMotte: Virginia Barton.
Mrs. Stewart-Cousins: Suzanne Raimirez.
Mr. Wishnie: Hon. Edward Wheeler.
Mr. Alvarado: Marcello Vecerra.
Mr. Pinto: Vivian Fleck, Mrs. DeLuca, Mr. DeLuca, Mrs. Tesoro.
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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