MINUTES
COUNTY BOARD OF LEGISLATORS

MARCH 13, 2006 (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, Stewart-Cousins, Swanson, Young, Chair – 16.

Absent: Legislator Spreckman: - 1

Motion – Approval of Minutes. Mr. Rogowsky moved that the minutes of February 6, 2006 (Regular Meeting), February 27, 2006 (Special Meeting) be approved – Carried.

COMMUNICATION: COUNTY EXECUTIVE: IMA: Local Law authorizing the County to enter into an IMA with the City of Rye whereby the County will lease property from the City and will contribute funds toward the construction of a skate park was on 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: Bond Act: Bond act authorizing the issuance of $100,000 in bonds to finance construction of a public skateboard park in the City of Rye was on 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: Counsel Retainer: Act authorizing the County to retain the law firm of Kaplan Kirsch & Rockwell, LLP for legal services related to the County airport was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: NYS Traffic and Criminal Software: Act authorizing the County to enter into agreements with local municipalities to coordinate the use of Traffic and Criminal Software and act as liaison with New York State Police was on 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: Court Ordered Refunds: Information package of Court Ordered refunds which will be paid by the Commissioner of Finance was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of Joaquin Alemany to the County Hispanic Advisory Board was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of Vivian Sebastian to the County Hispanic Advisory Board was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Appointment: Resolution confirming the appointment of Cesare Manfredi to the County Soil and Water Conservation Board was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Appointment: Resolution confirming the appointment of William Richardson to the County Fire Advisory Board was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of Dennis Whetsel to the County Community Services Board was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of Andrea Kocsis to the County Community Services Board was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Affordable Housing: Act authorizing the County to convey County-owned property located in White Plains for purposes of constructing affordable senior rental housing was laid over under the rules by Mr. Oros.

COMMUNICATION: COUNTY EXECUTIVE: Dog Licensing: 2005 Annual Dog Licensing Report pursuant to NYS Agriculture and Markets Law was on motion of Mr. Rogowsky received, filed and referred to the Committee on Environment and Energy.

COMMUNICATION: COUNTY EXECUTIVE: IMA: Act authorizing the County to enter into intermunicipal agreements with various municipalities whereby the County will provide access to the Westchester County Repository for Integrated Criminalistic Information was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and to the Committee on Public Safety and Security.

COMMUNICATION: COUNTY EXECUTIVE: Sewer District Modification: Act modifying the Saw Mill Sanitary Sewer District by the removal of 8 parcels located in the Town of Mount Pleasant was on motion of Mr. Rogowsky received, filed and referred to the Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: COUNTY EXECUTIVE: Capital Budget (Capital Project T0027) was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of Lorenzo Brown to the County Council for Seniors was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of Goody Sculky to the County Council for Seniors was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of Monica Scantlebury to the County African American Advisory Board was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Continuation of Certain Salary and Benefits: Act continuing to provide certain salary and benefits protection to County employees who are members of the Ready Reserve on active duty was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Oil Tank Overfill Protection: Local Law requiring the installation of overfill protection devices on certain oil storage tanks was on motion of Mr. Rogowsky received, filed and referred to the Committee on Legislation and the Committee on Environment and Energy.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of M. Paul Redd to the County Human Rights Commission was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of Marjorie Leffler to the County Domestic Violence Council was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Land Conveyance: Act authorizing the conveyance of certain County-owned parcels to various purchasers was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Easement Termination: Act authorizing the County to release and terminate certain easement rights of the County over real property owned by RAE Park Associates was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: IMA: Act to authorize the County to enter into an IMA with local municipalities for the collection of cash bail through the use of credit cards was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: MLK, Jr. Memorial: Act amending the County 2006 Capital Budget for an additional appropriation (BPL24) was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee Public Works, Transportation, Labor and Parks.

COMMUNICATION: COUNTY EXECUTIVE: MLK, Jr. Memorial- Bond Act: Bond Act authorizing the issuance of $350,000 in bonds to finance the cost of construction of a Martin Luther King, Jr. remembrance memorial was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee o Public Works, Transportation, Labor and Parks.

COMMUNICATION: COUNTY EXECUTIVE: Rewards for Information: Local Law authorizing certain County officers to offer rewards for information leading to the apprehension and conviction of persons who commit crimes was on motion of Mr. Rogowsky received, filed and referred to the Committee on Legislation and the Committee on Public Safety and Security.

COMMUNICATION: COUNTY EXECUTIVE: Vehicle Immobilization Program: Local Law with respect to a vehicle immobilization program to enforce the provisions of the County For-Hire Vehicle Law was on motion of Mr. Rogowsky received, filed and referred to the Committee on Public Safety and Security, the Committee on Legislation, and the Committee on Housing, Planning and Government Operations.

COMMUNICATION: COUNTY EXECUTIVE: IMA: Act authorizing the County to enter into IMA’s with municipalities within Westchester County for the Operation of the STOP-DWI Patrol/Datamaster Project was on 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: Local Law authorizing a new lease agreement with Signature Flight Support Corporation for space at Westchester County Airport was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $920,000 in County bonds to finance interior rehabilitation of the Westchester County Center (RCC04) was on 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: Bond Act and Capital Budget Amendment: Act amending the County’s 2006 Capital Budget in order to increase the 2006 appropriation by $2,500,000 and Bond Act in an amount not to exceed $2,800,000 to finance the following capital project: Kensico Dam Infrastructure Waterline and Site Work (RDK01) was on 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: Bond Act and Capital Budget Amendment: Act amending the County’s 2006 Capital Budget in order to increase the 2006 appropriation by $960,000 and Bond Act in an amount not to exceed $960,000 to finance the following capital project: Blue Mountain Reservation (RBM01) was on 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: Bond Act and Capital Budget Amendment: Act amending the County’s 2006 Capital Budget in order to increase the 2006 appropriation by $2,100,000 and Bond Act in an amount not to exceed $2,600,000 to finance the following capital project: General Infrastructure – Paving & Resurfacing – Glen Island Park (RGIP9) was on 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: Bond Act and Capital Budget Amendment: Act amending the County’s 2006 Capital Budget in order to increase the 2006 appropriation by $150,000 and Bond Act in an amount not to exceed $350,000 to finance the following capital project: Ice Casino Improvements (RP002) was on 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: Reappointment: Resolution confirming the reappointment of Jim Cronk as a member of the Westchester County Council for Seniors was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of Nell Taylor as a member of the Westchester County Women’s Advisory Board was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of Reina Schiffrin as a member of the Westchester County Women’s Advisory Board was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of Marion LaFranco as an at-large member of The Domestic Council was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of Thomas Belfiore as a member of the Traffic & Safety Board was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: IMA: Act authorizing the county to enter into IMA’s with various municipalities regarding the Invest in Kids Program was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Generational, Cultural, and Ethnic Diversity.

COMMUNICATION: CLERK OF THE BOARD: Designation of Deputies: Designation of deputies from the Department of Environmental Facilities was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: CLERK OF THE BOARD: Ethics Waiver: County employee request for a waiver from the Code of Ethics as per Section 883.21.1 (h) was on motion of Mr. Rogowsky received, filed and referred to the Committee on Rules.

COMMUNICATION: HON. TOM ABINANTI: Youth Detention Center: Correspondence from Legislator Abinanti to the CE requesting that the County cease its efforts to place a detention center for youth at Children’s Village in Dobbs Ferry was on motion of Mr. Rogowsky received, filed and referred to the Committee on Generational, Cultural, and Ethnic Diversity.

COMMUNICATION: HON. JUDY MYERS: Sewage Diversion: Correspondence from the Croton Watershed Clean Water Coalition opposing sewage diversion, along with related information was on motion of Mr. Rogowsky received, filed and referred to the Committee on Public Works, Transportation, Labor and Parks, the Committee on Environment and Energy, the Committee on Budget and Appropriations and the Committee on Generational, Cultural, and Ethnic Diversity.

COMMUNICATION: CLERK OF THE BOARD: Designation of Deputies: Designation of deputies from the Office of District Attorney was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: HON. JUDY MYERS: White Plains Homeless Shelter: Correspondence from Legislator Myers to the Mayor of White Plains regarding the overnight shelter at 85 Court Street in White Plains was on motion of Mr. Rogowsky received, filed and referred to the Committee on Family, Health, and Human Services and the Committee on Housing, Planning and Government Operations.

COMMUNICATION: HON. WILLIAM J. RYAN: Election Worker Pay Scale: Memorandum from the Board of Elections on the pay scale for County Election workers was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. WILLIAM J. RYAN: Board of Health Appointment: Memorandum from the Deputy CE regarding the recommendation from the Commissioner of Health on the reappointment of William Davis to the County Board of Health was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: HON. GEORGE OROS: Sex Offenders: Proposed legislation to ban convicted pedophiles and registered sex offenders from living near County facilities frequented by children was on motion of Mr. Rogowsky received, filed and referred to the Committee on Legislation and the Committee on Public Safety and Security.

COMMUNICATION: HON. GEORGE OROS: Eminent Domain Legislation: Correspondence from the Westchester County Housing Opportunity Commission regarding the County’s eminent domain legislation was on motion of Mr. Rogowsky received, filed and referred to the Committee on Housing, Planning and Government Operations and the Committee on Legislation.

COMMUNICATION: HON. URSULA LAMOTTE: Lafarge Gypsum Plant: Correspondence from the Westchester-Putnam AFL-CIO regarding labor practices at the Lafarge gypsum plant renovation was on motion of Mr. Rogowsky received, filed and referred to the Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: HON. TOM ABINANTI: Healthy Air: Letter to the Editor of TJN supporting clean air legislation and the work of Federated Conservationists of Westchester County was on motion of Mr. Rogowsky received, filed and referred to the Committee on Environment and Energy.

COMMUNICATION: HON. TOM ABINANTI: Cell Phone Disposal: Letter to the Editor of TJN commenting on county legislation regarding the disposal of cell phones was on motion of Mr. Rogowsky received, filed and referred to the Committee on Environment and Energy.

COMMUNICATION: HON. JOSE ALVARADO: Animal Acts Ban: Constituent correspondence regarding the reintroduction of legislation banning traveling animal acts on county property was on motion of Mr. Rogowsky received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. TOM ABINANTI: Electronic Voting: Resolution from the Greenburgh Democratic Committee supporting the continued use of mechanical lever voting machines was on motion of Mr. Rogowsky received, filed and referred to the Committee on Housing, Planning and Government Operations.

COMMUNICATION: HON. URSULA LAMOTTE: Invasive Vines: Constituent correspondence regarding the problem of invasive vines covering trees and shrubs along County roads and parkways was on motion of Mr. Rogowsky received, filed and referred to the Committee on Public Works, Transportation, Labor and Parks and the Committee on Environment and Energy.

COMMUNICATION: HON. WILLIAM J. RYAN: Westchester County Health Care Corporation Board: Forwarding information regarding a potential candidate to the WCHCC Board of Directors was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY ATTORNEY: Settlement of Claim:
Act authorizing the County Attorney to settle a claim against N. William Betwarda was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. SUZANNE SWANSON: Westchester County Health Care Corporation Board: Forwarding information regarding a potential candidate to the WCHCC Board of Directors was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: HON. WILLIAM J. RYAN: Sprout Brook Ashfill Application: Correspondence and resolution from the Town of Cortlandt to NYSDEC regarding the plan to expand the existing ash pit operated by the County on Sprout Brook Road in Cortlandt was on motion of Mr. Rogowsky received, filed and referred to the Committee on Environment and Energy.

COMMUNICATION: HON. URSULA LAMOTTE: Alternative Minimum Tax: Resolution calling for reform of the Alternative Minimum Tax was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. LOIS BRONZ: Woodfield Cottage Secure Detention Facility: Correspondence from Leake & Watts to the Social Services Commissioner regarding the Woodfield Cottage Secure Detention Facility was on motion of Mr. Rogowsky received, filed and referred to the Committee on Family, Health, and Human Services.

COMMUNICATION: COUNTY ATTORNEY: Counsel Retainer: Act designating an attorney be retained to represent Bridget Gladwin in an action entitled Deans v. Spano et al was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: CLERK OF THE BOARD: Sewer District Modification: Resolution from the Town of Yorktown requesting the addition of 9 parcels of property into the Peekskill Sanitary Sewer District (Field Street, Jacob Road, Crompond Road) was on motion of Mr. Rogowsky received, filed and referred to the Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: CLERK OF THE BOARD: Sewer District Modification: Resolution from the Town of Yorktown requesting the addition of 2 parcels of property into the Peekskill Sanitary Sewer District (Jacob Road) was on motion of Mr. Rogowsky received, filed and referred to the Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: CLERK OF THE BOARD: Designation of Deputies: Designation of deputies from the Office of the County Executive was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: HON. GORDON BURROWS: Emergency Preparedness Guide: Memorandum from Legislator Burrows to the Committee on Public Safety & Security regarding a County emergency preparedness guide was on motion of Mr. Rogowsky received, filed and referred to the Committee on Public Safety and Security.

COMMUNICATION: HON. TOM ABINANTI: Electronic Voting: Constituent correspondence in favor of hand-marked paper ballot scanning voting machines was on motion of Mr. Rogowsky received, filed and referred to the Committee on Housing, Planning and Government Operations.

COMMUNICATION: HON. VITO PINTO: Village Correspondence: Correspondence from the Mayor of the Village of Tuckahoe regarding unleashed dogs and lighting along the Bronx River Parkway in Tuckahoe/Bronxville was on motion of Mr. Rogowsky received, filed and referred to the Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: LEGISLATORS LOIS BRONZ & MICHAEL KAPLOWITZ: Sewage Diversion: Resolution from the Town of Yorktown stating that diversion is no longer an option for the disposal of Hallocks Mill sewage and further requesting that the Hallocks Mill sewage treatment plant be expanded to handle increased capacity was on motion of Mr. Rogowsky received, filed and referred to the Committee on Generational, Cultural, and Ethnic Diversity, Committee on Budget and Appropriations, Committee on Environment and Energy, and Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: HON. LOIS BRONZ: Housing Allocation Plan: Westchester County Housing Opportunity Commission’s Affordable Housing Allocation Plan for 2000-2015 was on motion of Mr. Rogowsky received, filed and referred to the Committee on Housing, Planning and Government Operations.
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COMMUNICATION: CLERK OF THE BOARD: Sewer District Modification: Resolution from the Town of Cortlandt requesting that 1 parcel of property be returned into the Peekskill Sanitary Sewer District was on motion of Mr. Rogowsky received, filed and referred to the Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: HON. WILLIAM J. RYAN: Child Fatality Report: Report from NYS Office of Children and Family Services concerning the death of two children in Westchester County in July 2005 was on motion of Mr. Rogowsky received, filed and referred to the Committee on Family, Health, and Human Services.

COMMUNICATION: CLERK OF THE BOARD: Indigent Legal Defense: Report from the State Comptroller on spending for legal defense of the indigent was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Family, Health, and Human Services.

COMMUNICATION: HONS. GEORGE OROS & WILLIAM BURTON: Transfer of Waterfront Property: Resolution requesting the transfer of beach property at the VA Hospital in Montrose to New York State for use as a public beach area was on 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: HON. URSULA LAMOTTE: Sewage Disposal Options: Correspondence from the League of Women Voters regarding sewage disposal options and County water quality was on motion of Mr. Rogowsky received, filed and referred to the Committee on Environment and Energy.

COMMUNICATION: CLERK OF THE BOARD: MTA Capital Security Program: Status report on the progress of the MTA Capital Security Program was on motion of Mr. Rogowsky received, filed and referred to the Committee on Public Safety and Security.

COMMUNICATION: HONS. WILLIAM J. RYAN & GEORGE OROS: HAVA: Resolution from the Town of Mamaroneck calling upon the Westchester County Board of Legislators to hold public hearings regarding the selection of voting machines to comply with HAVA was on motion of Mr. Rogowsky received, filed and referred to the Committee on Housing, Planning and Government Operations.

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COMMUNICATION: HON. TOM ABINANTI: HAVA: Resolutions from the Dutchess and Schoharie Counties regarding the selection of voting machines to comply with HAVA was on motion of Mr. Rogowsky received, filed and referred to the Committee on Housing, Planning and Government Operations.
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COMMUNICATION: CLERK OF THE BOARD: Designation of Deputies: Designation of Deputies for the Department of Transportation was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: CLERK OF THE BOARD: Designation of Deputies: Designation of Deputies for the Department of Senior Programs and Services was on motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: HON. JUDY MYERS: HAVA: Resolution from the Village of Ossining regarding the selection of voting machines to comply with HAVA was on motion of Mr. Rogowsky received, filed and referred to the Committee on Housing, Planning and Government Operations.
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COMMUNICATION: COUNTY ATTORNEY: Commencement of Legal Action: Act to institute legal proceedings against Peppers Entertainment and others for non-payment of license fees for use of facilities at Croton Park was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. TOM ABINANTI: Storm-Related Power Outage: Correspondence from Con Edison in reply to the BOL storm related power outage hearing held on January 30, 2006 was on motion of Mr. Rogowsky received, filed and referred to the Committee on Environment and Energy.

COMMUNICATION: HON. MARTIN ROGOWSKY: Real Property Tax Revaluation: Request from the Town of Rye to amend the County Charter so the local valuation date conform with the new ORPS valuation date was on motion of Mr. Rogowsky received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. TOM ABINANTI: Diesel Exhaust: Press release from the Izaak Walton League of America on the dangers posed by Diesel Exhaust was on motion of Mr. Rogowsky received, filed and referred to the Committee on Family, Health, and Human Services and the Committee on Environment and Energy

COMMUNICATION: CLERK OF THE BOARD: Road Repair: Constituent correspondence regarding the condition of roads in the City of Yonkers was on motion of Mr. Rogowsky received, filed and referred to the Committee on Public Works, Transportation, Labor and Parks.

COMMITTEE ON BUDGET & APPROPRIATIONS: Counsel Retainers: ACT 22-2006: Act authorizing the County to retain several law firms to provide bond counsel services to the County.

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, Stewart-Cousins, Swanson, Chair – 15

NAY: Legislator Young - 1

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Sewer District Modification: RES 14-2006: Setting a Public Hearing on a proposed Act modifying the Peekskill Sanitary Sewer District by the addition of 4 parcels located in the Town of Cortlandt. [Public Hearing set for March 27, 2006; at 10:30 a.m.; Act 23-2006.]

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

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Sewer District Modification: RES 15-2006: Setting a Public Hearing on a proposed Act modifying the Saw Mill Sanitary Sewer District by the addition of 1 parcel located in the Village of Briarcliff Manor. [Public Hearing set for March 27, 2006; at 10:30 a.m., Act 24-2006.]

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

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act: (BOND) ACT 25-2006: Bond Act amending Bond Act 137-2004 authorizing the total issuance of $3,600,000 in bonds to finance partial reconstruction of Hardscrabble Road in North Salem (RB043).

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, Stewart-Cousins, Swanson, Young, Chair – 16.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act: (BOND) ACT 26-2006: Bond Act authorizing the issuance of $225,000 in bonds to finance the cost of partial reconstruction of the County office building at 750 Washington Street in Peekskill (B0070).

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, Stewart-Cousins, Swanson, Young, Chair – 16.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act: (BOND) ACT 27-2006: Bond Act authorizing the issuance of $2,000,000 in bonds to finance the cost of infrastructure improvements for parking structures in White Plains (BPF21).

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, Stewart-Cousins, Swanson, Young, Chair – 16.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act: (BOND) ACT 28-2006: Bond Act amending Bond Act 86-2004 authorizing the total issuance of $1,000,000 in bonds to finance sanitary and storm sewer system improvements at the Valhalla Campus (B0009).

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, Stewart-Cousins, Swanson, Young, Chair – 16.

NAY: None.

COMMITTEE ON BUDGET & APPROPRIATIONS AND COMMITTEE ON HOUSING, PLANNING & GOVERNMENT OPERATIONS: Grant Application: ACT 29-2006: Act authorizing the County to submit an application under various federal grant programs and to accept such grants.

Mr. Kaplowitz and Ms. Bronz 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, Stewart-Cousins, Swanson, Young, Chair – 16.

NAY: None.

COMMITTEES ON BUDGET & APPROPRIATIONS AND HEALTH AND HUMAN SERVICES: Health Care Services: ACT 30-2006: Act authorizing the County to enter into an agreement with the Westchester County Health Care Corporation for health care services for inmates at the Department of Correction.

Mr. Kaplowitz and Ms. Myers 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, Stewart-Cousins, Swanson, Young, Chair – 16.

NAY: None.

COMMITTEES ON BUDGET & APPROPRIATIONS AND PUBLIC SAFETY AND SECURITY: Prisoner Transportation: ACT 31-2006: Act authorizing the County to enter into an IMA with the City of Yonkers in order to provide reimbursement for prisoner transportation to the County Jail.

Mr. Burton 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, Stewart-Cousins, Swanson, Young, Chair – 16.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC SAFETY AND SECURITY: Prisoner Transportation: ACT 32-2006: Act authorizing the County to enter into an IMA with the Town of Greenburgh in order to provide reimbursement for prisoner transportation to the County Jail.

Mr. Burton 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, Stewart-Cousins, Swanson, Young, Chair – 16.

NAY: None.

COMMITTEES ON BUDGET & APPROPRIATIONS AND PUBLIC WORKS, LABOR AND PARKS: Water District No. 1: RES 16-2006: Setting a Public Hearing on the proposed increase and improvements of facilities for Water District No. 1. Public Hearing set for March 27, 2006; at 10:30 a.m.; ACT 33-2006.]

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

COMMITTEE ON BUDGET & APPROPRIATIONS: 621 Eligible Claims Settlements: ACT 34-2006: Act authorizing a settlement between various state agencies and the Department of Social Services regarding 621 eligible claims.

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, Stewart-Cousins, Swanson, Young, Chair – 16.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act: (BOND) ACT 35-2006: Bond Act authorizing the issuance of $300,000 in bonds to finance the cost of partial reconstruction of the Mount Vernon County Office Complex (B0077).

Mr. Kaplowitz and Mr. Alvarado 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, Stewart-Cousins, Swanson, Young, Chair – 16.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act: (BOND) ACT36-2006: Bond Act amending Bond Act 52-2002 authorizing the total issuance of $450,000 in bonds to finance the cost of partial reconstruction of the Michaelian Office Building (B015A).

Mr. Kaplowitz and Mr. Alvarado 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, Stewart-Cousins, Swanson, Young, Chair – 16.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act: (BOND) ACT 37-2006: Bond Act authorizing the issuance of $1,800,000 in bonds to finance the cost of recreational area improvements to Tibbetts Brook Park (RTB06).

Mr. Kaplowitz and Mr. Alvarado presented the following report and Act which was laid “over” under the rules by Mr. Oros.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act: (BOND) ACT 38-2006: Bond Act authorizing the issuance of $1,000,000 in bonds to finance the cost of partial reconstruction of the County Office Building at 143 Grand Street in White Plains (B0034).

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

AYE: Legislators: Rogowsky, Abinanti, Alvarado, Bronz, Burton, Kaplowitz, Myers, Pinto, Stewart-Cousins, Young, Chair – 11.

NAY: Legislators: Oros, Burrows, LaMotte, Maisano, Swanson - 5

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act: (BOND) ACT 39-2006: Bond Act authorizing the issuance of $340,000 in bonds to finance the cost of recreational area improvements to Tibbetts Brook Park (RTB04).

Mr. Kaplowitz and Mr. Alvarado 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, Stewart-Cousins, Swanson, Young, Chair – 16.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act: (BOND) ACT 40-2006: Bond Act amending Bond Act 17-2003 authorizing the total issuance of $610,000 in bonds to finance the cost of recreational area improvements to Sprain Ridge Park (RPS02).

Mr. Kaplowitz and Mr. Alvarado 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, Stewart-Cousins, Swanson, Young, Chair – 16.

NAY: None.

COMMITTEES ON LEGISLATION AND GENERATIONAL, CULTURAL AND ETHNIC DIVERSITY: County Youth Bureau: LOCAL LAW INTRO 3-2006: Local Law with respect to the Westchester County Youth Bureau.

Mr. Young & Mr. Pinto 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: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Stewart-Cousins, Swanson, Young, Chair – 16.

NAY: None.


COMMITTEE ON APPOINTMENTS: Soil and Water Conservation District Appointment: RES 17-2006: Resolution confirming the appointment of Michael Saviola to the County Soil and Water Conservation District Board of Directors.

Mrs. Swanson presented the following Resolution and moved its adoption, which was declared adopted.

Soil and Water Conservation District Appointment: RES 18-2006: Resolution confirming the reappointment of R. Phyllis Wittner to the Westchester County Soil and Water Conservation District Board of Directors.

Mrs. Swanson presented the following Resolution and moved its adoption, which was declared adopted.

Traffic Safety Board Reappointment: RES 19-2006: Resolution confirming the reappointment of Eli Schonberger to the County Traffic Safety Board.

Mrs. Swanson presented the following Resolution and moved its adoption, which was declared adopted.

COMMITTEE ON THE ENVIRONMENT & ENERGY: “Smart Meter” Electricity Pricing: RES 20-2006: Resolution urging the NYS Public Service Commission to address the matter of Competitive Metering and asking Con Edison and NYSEG to promote and implement “smart meters”.

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

Memorial Resolutions: RES 21 2006:

Mr. Pinto: Peter Varvara, Dominick Nemecek, Lester Tomback, Hans P. Hover, Anthony LoCascio, Stephen Pisarz, Anna “Mary” Sacchinelli, Albert John Lancelli, Victoria Cerasi, Louis DiLago, Frank Gallo
Mr. Pinto, Mr. Oros, Mr. Maisano, Mrs. LaMotte, Mr. Burrows, Mrs. Swanson: Gary DelVecchio
Mrs. LaMotte: Dorothy DeForest Bell, William H. Whalen, Jr.
Mr. Kaplowitz: Barbara Lane, Ellen G. Gilcher, John Notas., Seymour Kramer
Mr. Rogowsky: Carol Posen.
Mr. Abinanti: William F.X. Malone, Rosemary Richards, Robert Schnibbe Jr.
Mr. Abinanti & Mrs. Bronz: Edward N. Vetrano
Mr. Oros & Mr. Burton: Sean Jackson.
Mr. Burrows & Mr. Pinto: Catherine Recine Faustini.
All Legislators: Dana Reeve.
Mrs. Stewart-Cousins: Madeleine Alessi.
Mrs. Stewart-Cousins, Mrs. Bronz and Mr. Young: Gloria Coleman
Mrs. Bronz: Josephine Noonan.
Mrs. Stewart-Cousins & All Legislators: Gordon Parks
Mr. Oros: Darlene Harbolic
Mr. Burrows: John Doherty
Mrs. Myers: Carol Acocella
Mr. Maisano: Mary Lally, James Joseph Lynch, Gertrude Olsen, Gorham J. Head, Joseph Trotta
Mr. Burton & Mr. Kaplowitz: Gilbert Bassak
Mr. Burton: Brian Lowery

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

MOTIONS, RESOLUTIONS: 13th District (Mr. Rogowsky): Move that when the Board adjourns, it adjourns to meet on March 27, 2006 at 10:00 a.m.

On MOTION of Legislator Rogowsky,
The Board adjourns.