MINUTES
COUNTY BOARD OF LEGISLATORS

JANUARY 8, 2007 (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: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

Absent: Legislators: Swanson - 1

Motion – Approval of Minutes. Mr. Rogowsky moved that the minutes of December 11, 2006 (Regular Meeting), December 11, 2006 (Special Meeting) and December 18, 2006 (Special Meeting) be approved – Carried.

Mr. Rogowsky moved to suspend the regular order of business for the purpose of holding two public hearings.– Carried.

The Clerk presented proof of publication of notice of the Public Hearings and read the rules for its conduct.

PUBLIC HEARING: COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR AND PARKS: Sewer District Modification: ACT 262-2006: Proposed Act to modify the Peekskill Sanitary Sewer District by the addition of fifty-two (52) parcels of property located in the Town of Yorktown.

There were no speakers.

PUBLIC HEARING: COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR AND PARKS: Sewer District Modification: ACT 263-2006: Proposed Act to modify the Peekskill Sanitary Sewer District by the addition of five (5) parcels of property located in the Town of Yorktown.

There were no speakers.

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

COMMUNICATION: COUNTY EXECUTIVE: Acceptance of Gift: Acceptance of a loan of a WaveRunner watercraft from the YAMAHA Motor Corporation was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Budget Director Appointment: Resolution confirming the appointment of Anne Reasoner as the Budget Director of the Westchester County Department of Budget was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Women’s Advisory Board Appointment: Appointing Lucy Schmolka as an At-Large member of the Westchester County Women’s Advisory Board was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Ethics Board Reappointment: Reappointing Angelo Rubino as a member of the Westchester County Board of Ethics was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Council for Seniors Appointment: Appointing Edward Morvillo as a District 4 representative member of the Westchester County Council for Seniors was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: IMA: Proposed Act authorizing the County to enter into an IMA with the City of White Plains in order to provide reimbursement for prisoner transportation to the Westchester County Jail was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Safety and Security.

COMMUNICATION: COUNTY EXECUTIVE: Board of Health: Recommendation from Dr. Joshua Lipsman, Commissioner of Health, for reappointment of James Carnicelli and Dr. Peter Liebert to the Board of Health was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: IMA: Proposed Act authorizing the County to enter into an IMA with the City of Mount Vernon for the use of a van owned by the County’s Department of Correction for the transportation of prisoners for a term of five (5) years was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Safety and Security.

COMMUNICATION: COUNTY EXECUTIVE: Lease Agreement: Proposed Local Law authorizing the County to amend a lease agreement with i.park Westchester LLC for approximately 100,000 square feet of space at the Metrocenter @ i.park, 28 Wells Avenue, Yonkers was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: COUNTY EXECUTIVE: IMA–Ashburton Avenue Apartments: Proposed Act authorizing the County to enter into an IMA with the City of Yonkers in connection with the Housing Implementation Fund affordable housing project known as the Ashburton Avenue Apartments for the City to construct infrastructure improvements and the County to accept all necessary property rights was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Housing, Planning and Government Operations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act-Ashburton Avenue Apartments: Proposed Bond Act authorizing the issuance of bonds in an amount not-to-exceed $3,190,000 to finance HIF Capital project BPL01 (Site A) was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Housing, Planning and Government Operations.

COMMUNICATION: COUNTY EXECUTIVE: IMA–Croton Heights Apartments: Proposed Act authorizing the County to enter into an IMA with the City of Yonkers in connection with the Housing Implementation Fund affordable housing project known as the Croton Heights Apartments for the City to construct infrastructure improvements and the County to accept all necessary property rights was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Housing, Planning and Government Operations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act-Croton Heights Apartments: Proposed Bond Act authorizing the issuance of bonds in an amount not-to-exceed $1,010,000 to finance HIF Capital project BPL01 (Site B) was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Housing, Planning and Government Operations.

COMMUNICATION: HON. WILLIAM RYAN: Legislator Resignation: Forwarding a letter from the Honorable Andrea Stewart-Cousins resigning from her position as a member of the Westchester County Board of Legislators effective January 1, 2007 was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Rules.

COMMUNICATION: HON. WILLIAM RYAN: MS4 Funding: Forwarding correspondence from the Putnam County Executive’s office with regard to the funding process to finance the Municipal Separate Storm Sewer Systems (MS4) stormwater infrastructure upgrades was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Environment and Energy.

COMMUNICATION: HON. LOIS BRONZ: Watershed Funds: Forwarding correspondence from the Supervisor of the Town of North Salem with regard to releasing $10 million in East of Hudson Funds to the Town of North Salem for the purpose of constructing a system of mains and a treatment plant was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and to the Committee on Environment and Energy.

COMMUNICATION: HON. JAMES MAISANO: Eminent Domain: Forwarding a copy of an article from the January, 2007 edition of Budget & Tax News with regard to eminent domain was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Legislation and the Committee on Housing, Planning and Government Operations.

COMMUNICATION: HON. THOMAS ABINANTI & HON. JUDY MYERS: Paper Ballots: Forwarding constituent correspondence in favor of the use of paper ballots and optical scanning was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Housing, Planning and Government Operations.

COMMUNICATION: HON. JUDY MYERS: Cigarette Tax: Forwarding correspondence from the Northeast Association of Wholesale Distributors with regard to a proposed cigarette tax was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. JUDY MYERS: Playland Parking: Forwarding correspondence from City of Rye Councilman Mark Cunningham requesting a study by the County on using remote satellite parking for Playland’s July 4th celebration was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: HON. THOMAS ABINANTI: Voting Machines: Forwarding a copy of an article from the Floral Park Dispatch with regard to HAVA compliant voting machines was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Housing, Planning and Government Operations.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Indian Point: Forwarding H.R. Bill 4891 requiring the Nuclear Regulatory commission to conduct an Independent Safety Assessment of the Indian Point Nuclear Power Plant was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Environment and Energy.

COMMUNICATION: CLERK OF THE BOARD: Notice of Discontinuance: Forwarding a copy of a Notice of Discontinuance in the matter of 1160 Mamaroneck Avenue Corp. against the Board of Legislators of the County of Westchester was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Environment and Energy.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Electric Rates: Forwarding a New York Times article entitled “Taking Control of Electric Bill, Hour by Hour” was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Environment and Energy.

COMMUNICATION: HON. WILLIAM BURTON: Sobriety Checkpoints: Forwarding constituent correspondence with regard to the running of sobriety checkpoints was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Public Safety and Security.

COMMUNICATION: HON. THOMAS ABINANTI: Legacy Funds: Forwarding correspondence requesting that some Legacy Funds be reserved for County participation in the acquisition of additional land for the Greenburgh Nature Center was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Environment and Energy and the Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: HON. THOMAS ABINANTI: Fill-for-Fields: Forwarding a Journal News article entitled “Fields of Green” with regard to the fill-for-fields project at Woodlands Middle/High School was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Environment and Energy.

COMMUNICATION: CLERK OF THE BOARD: Waiver Request: Forwarding correspondence from Perry M. Ochacher requesting a waiver pursuant to the Westchester County Code of Ethics in order to accept employment with the law firm of DelBello Donnellan Weingarten Tartaglia Wise & Wiederkehr was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: HON. THOMAS ABINANTI: Indian Point: Proposed Resolution requesting the 110th United States Congress enact legislation that would require the NRC to conduct an Independent Safety Assessment of the Indian Point Nuclear Power Plants through the reintroduction and passage of H.R.4891 and S.2488(109th Congress) was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Environment and Energy.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Sewer District Modification : ACT 262-2006: An Act to modify the Peekskill Sanitary Sewer District by the addition of fifty-two (52) parcels of property located in the Town of Yorktown.

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: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Sewer District Modification : ACT 263-2006: An Act to modify the Peekskill Sanitary Sewer District by the addition of five (5) parcels of property located in the Town of Yorktown.

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: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY: None

Mr. Rogowsky requested unanimous consent for the election of Vice Chairman which was granted. Mr. Rogowsky was recognized and placed in nomination the name of Clinton I. Young, Jr. for the office of Vice Chairman. Mr. Young’s nomination was seconded by Mr. Oros. The vote resulted as follows:

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY: None

Mr. Rogowsky requested unanimous consent to consider a resolution to fill a vacancy on the County Board of Health which was granted. Resolution 1 2007. Mr. Rogowsky presented a resolution, seconded by Mr. Alvarado, nominating Ms. Judith Myers to fill the vacancy on the County Board of Health as the Board of Legislator’s representative.

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

COMMITTEE ON LEGISLATION: Financial Disclosure: RES 2-2006: Setting a Public Hearing on a proposed Local Law to provide for a separate financial disclosure form for individuals who serve on County Boards, commissions and voluntary councils and an updated distribution list. [Public Hearing set for January 22, 2007 at 7:30 p.m.; LOCAL LAW INTRO. 8-2006]

Mr. Young and Mr. Rogowsky presented the following Resolution and moved its adoption which was declared adopted.

COMMITTEE ON APPOINTMENTS: Waiver Request: RES 3-2007: Resolution approving the request of Perry M. Ochacher for a waiver of Section 883.21(h)(2) of the Westchester County Code of Ethics to permit him to accept employment with DelBello Donnellan Weingarten Tartaglia Wise & Wiederkehr, LLP.

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

COMMITTEE ON RULES: Special Election: RES 4-2007: Resolution calling for a special election to be held on February 13, 2007 to fill the office of County Legislator for the Sixteenth County Legislative District.

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

COMMITTEE ON RULES: Appointment of Board Clerk: RES 5-2007: Resolution appointing Christina Seckerson to the position of Clerk of the Board of Legislators.

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

MOTIONS, RESOLUTIONS & CALL OF THE DISTRICTS:

Memorial Resolutions: RES 6-2006:

Mrs. Spreckman: Josephine Guglielmo.
Mrs. Spreckman and Mr. Burrows: George David Nader, lIII
Mr. Abinanti Glenn Emerson, Edward Lyons, Kathleen McDonald, Dorothy Sier.
Mr. Abinanti and Mrs. Spreckman: Marion Groark.
Mr. Oros: John F. “Jack” Ziel.
Mr. Oros and Mr. Ryan: Mary R. “Mimi” Skinner, Kathryn Dziadik Lapolla.
Mrs. LaMotte: Patricia Joan Klath, Bertha B. Milligan, Jennie (Genovesi) Cutri, Joan Franklin, Pat W. Mollo, Irene M. Piscitelli, Susan Ferris Slaymaker, Amelia (Kitsos) Caratzas.
Mrs. LaMotte and All Legislators: Burt Eddings.
Mr. Burrows: Elizabeth Genna.
Mr. Maisano: Gioconda (Joanne) Manganiello, Anthony J. Sposato, Alice D. Mahoney, Ida A. Curto, Margaret (Peggy) Norris, Angelo F. Ricapito. Adeline “Addye” Mandrano, Louise Pirone, Pasquale Correale
Mr. Pinto: Raymond L. Magro, Mary Liucci, Jacqueline Valerioti, Alfred Mariani, Ray Liscio.
Mrs. Swanson: Eleanor Delaney, Anthony Barre.
Mr. Alvarado and Mr. Burrows: Lydia Lopez
Mrs. Bronz: Laura Holland
Mr. Oros and Mr. Burton: Bruce Fiorito, Jr.
Mr. Maisano and Mr. Pinto: Rose Shulman

Move that when the Board adjourns, it adjourns to meet on January 22, 2007 at 7:00 p.m.
On MOTION of Legislator Rogowsky, 6th District,
The Board adjourns.