MINUTES
COUNTY BOARD OF LEGISLATORS

APRIL 10, 2006 (7 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, Bronz, Burrows, Burton, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 15.

Absent: Abinanti, Alvarado – 2.

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

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

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

PUBLIC HEARING: COMMITTEE ON LEGISLATION: Public Internet Protection Act: Local Law Intro. 4-2006: Proposed Local Law requiring all commercial businesses in Westchester County offering or utilizing public Internet access and maintaining personal information to have a secure network to protect the public from potential identity theft and other risks related to computer use.

There was one speaker

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

UNFINISHED BUSINESS: COMMUNICATION: LEGISLATORS MICHAEL KAPLOWITZ AND WILLIAM RYAN: Sewer District Modification: Forwarding a petition from the Town of New Castle requesting the inclusion of parcels in the Saw Mill River Sanitary Sewer District was on motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations; Environment and Energy; Generational, Cultural and Ethnic Diversity; Legislation; and Public Works, Transportation, Labor and Parks

COMMUNICATION: COUNTY EXECUTIVE: IMAs: Proposed Act authorizing the County to enter into IMAs with any municipality located within Westchester County for the use of County-owned shuttle and Para Transit vans for a term of 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 Works, Transportation, Labor and Parks.

COMMUNICATION: COUNTY EXECUTIVE Acceptance of funds and IMA: Proposed Act authorizing the County to apply for and accept Federal and State funds for the study of pedestrian circulation and transit access improvements in the vicinity of the Pleasantville Railroad station and to enter into an IMA with the Village of Pleasantville to provide for the acceptance of those funds 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: Town of Bedford Road Transfers & Capital Projects: Packet of legislation, including: Proposed Act authorizing the County to enter into an IMA with the Town of Bedford to transfer ownership of certain county roads (.24 miles of Jay Street and 3.03 miles of Bedford Center Road) and any related right-of-way to the Town; and related Capital Budget amendments (2) and bond acts (2) for Capital Projects RB073 and RB093 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: Property Conveyance: Act authorizing the conveyance of approximately 1.8 acres of County property in the Town of Mt. Pleasant to Pep’e Fareri One LLC for a purchase price of $800,000 was on the motion of Mr. Rogowsky 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 the County will monitor the day to day operations of various service contracts with outside vendors, reimburse WCHCC approximately $1,200,000 for such contracts and provide approximately $500,000 in additional services to WCHCC was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: IMA: Act authorizing the County to enter into an IMA with the Village of Mamaroneck with regard to the rehabilitation of sanitary sewers 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: Easement
Agreement: Act authorizing the County to consent to the assignment
of an easement agreement for ingress and egress over property
situated near the intersection of Route 100 and Route 35 in the Town
of Somers was on the motion of Mr. Rogowsky received, filed and
referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Easement
Agreement: Act authorizing the County to grant a perpetual easement
to the City of Yonkers for the operation and maintenance of a sewer
main on lands of Westchester County south of McLean Avenue in the
City of 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: Budget
Amendment: Act amending the 2005 County Operating Budget to
fund an increase to the appropriation in the Miscellaneous Budget,
Contribution 6-N Fund was on the motion of Mr. Rogowsky received,
filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. THOMAS ABINANTI: Leake and Watts Contract Extension: Forwarding a request from the Executive Director of Leake and Watts recommending that Westchester approve a 5 years extension of their contract for administering the Woodfield Cottage Secure Detention Facility in Valhalla was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations; the Committee on Family, Health, and Human Services; and the Committee on Public Safety and Security.

COMMUNICATION: HON. THOMAS ABINANTI: Health Department Functions: Forwarding a copy of a booklet entitled “Operational Definition of a Functional Local Health Department” from the National Association of County & City Health Officials was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Family, Health, and Human Services.

COMMUNICATION: HON. WILLIAM RYAN: Public Service Commission: Forwarding a letter from the Communications Workers of America, Local 1103, urging the Board to support Assembly Bill 9807, which would require the Public Service Commission to suspend its ongoing deregulatory proceedings was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Public Works, Transportation, Labor and Parks and the Committee on Legislation.

COMMUNICATION: HON. URSULA LA MOTTE: Highway Safety Activities: Forwarding a list from Northern Westchester Hospital Center of educational initiatives for Highway Safety Activities was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Public Safety and Security and the Committee on Family, Health, and Human Services.

COMMUNICATION: CLERK OF THE BOARD: Lead Agency Status: Establishment of lead agency for ball field improvements at Macy Park was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: HON. LOIS BRONZ: Solid Waste Law: Forwarding a request from Edward Malone, Treasurer of Brookfield, with regard to meeting with a legislative committee to discuss changes that have occurred since the enactment of the Solid Waste Law was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Environment and Energy, and the Committee on Legislation.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Fair Share for Healthcare: Resolution endorsing the “Fair Share for Healthcare” proposal and calling on both houses of the State Legislature to pass this bill in the 2006 legislative session 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, and the Committee on Family, Health, and Human Services.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR AND PARKS: Capital Budget Amendment: ACT 52-2006: Act amending the County 2006 Capital Budget by increasing the appropriations for capital project RP002 by $150,000.

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, Bronz, Burrows, Burton, Kaplowitz, LaMotte Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 15

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act: (BOND) ACT 53-2006: Bond Act authorizing the issuance of $350,000 in bonds to finance recreational area improvements to the Playland Ice Casino (RP002).

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, Bronz, Burrows, Burton, Kaplowitz, LaMotte Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 15.

NAY: None


COMMITTEE ON BUDGET & APPROPRIATIONS AND THE
COMMITTEE ON PUBLIC WORKS, TRANSPORTATION,
LABOR & PARKS: Capital Budget Amendment: ACT 54-2006:
Act amending the County 2006 Capital Budget by increasing the
appropriations for capital project RGIP9 by $2,100,000.

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, Bronz, Burrows, Burton, Kaplowitz, LaMotte Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 15

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act: (BOND) ACT 55-2006: Bond Act authorizing the issuance of $2,600,000 in bonds to finance asphalt resurfacing at Glen Island Park.

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, Bronz, Burrows, Burton, Kaplowitz, LaMotte Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 15

NAY: None

Public Hearing -Sewer District Modification: RES 36-2006: Setting a Public Hearing on a proposed Act modifying the Peekskill Sanitary Sewer District by the addition of thirty-six (36) parcels of property located in the Town of Yorktown. [Public Hearing set for April 24, 2006; at 7:30 p.m.; Act 56-2006]

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

Public Hearing – IMA: RES 37 – 2006: Setting a Public Hearing on a proposed 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. [Public Hearing set for April 24, 2006; at 7:30 p.m.; Local Law Intro. 5-2006]

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

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act: (BOND) ACT 57-2006: Bond Act authorizing the issuance of $920,000 in bonds to finance rehabilitation of the Westchester County Center (RCC04).

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, Bronz, Burrows, Burton, Kaplowitz, LaMotte Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 15

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Capital Budget Amendment: ACT 58-2006: Act amending the County 2006 Capital Budget by increasing the appropriations for capital project RBM01 by $960,000.

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, Bronz, Burrows, Burton, Kaplowitz, LaMotte Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 15

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act: (BOND) ACT 59-2006: Bond Act authorizing the issuance of $960,000 in bonds to finance the cost of recreational area improvements at the Blue Mountain Sportsman Center (RBM01).

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, Bronz, Burrows, Burton, Kaplowitz, LaMotte Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 15

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Capital Budget Amendment: ACT 60-2006: Act amending the County 2006 Capital Budget by increasing the appropriations for capital project RKD01 by $2,500,000.

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, Bronz, Burrows, Burton, Kaplowitz, LaMotte Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 15

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act: (BOND) ACT 61-2006: Bond Act authorizing the issuance of bonds in an amount not to exceed $2,800,000 to finance the upgrading and replacement of aging infrastructure at Kensico Dam Plaza (RKD01).

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, Bronz, Burrows, Burton, Kaplowitz, LaMotte Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 15

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS: Capital Budget Amendment: ACT 62-2006: Act amending the County 2006 Capital Budget for project T0027 Automated Scheduling System by increasing the appropriation by $200,000.

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, Bronz, Burrows, Burton, Kaplowitz, LaMotte Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 15

NAY: None

COMMITTEE ON BUDGET AND APPROPRIATIONS: ACT 63-2006: Designation of Attorney: Act designating an attorney to be retained to represent Bridget Gladwin, former Deputy Commissioner of the Department of Correction, in the lawsuit entitled, Pauline Deans v. Andrew Spano et al.

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, Bronz, Burrows, Burton, Kaplowitz, LaMotte Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 15

NAY: None

COMMITTEE ON BUDGET AND APPROPRIATIONS: RES 38-2006: Setting a Public Hearing on a Lease Agreement: Setting a Public Hearing on a proposed Local Law Authorizing the County to enter into a lease agreement with Signature Flight Support Corporation for space at the Westchester County Airport. [Public Hearing set for April 24, 2006; at 7:30 p.m.; LOCAL LAW INTRO 6-2006]

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

COMMITTEE ON BUDGET AND APPROPRIATIONS: RES 39-2006: Alternative Minimum Tax: Resolution requesting the Federal Delegation aggressively seek to reform the Alternative Minimum Tax to reduce the burden on Westchester taxpayers.

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

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON FAMILY, HEALTH & HUMAN SERVICES: ACT 64-2006: Pay Plan Amendment-Social Services: Act
establishing personnel rules in Westchester County service and adopting classification of positions and schedules of pay.

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, Bronz, Burrows, Burton, Kaplowitz, LaMotte Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Young, Chair – 14

NAY: Swanson - 1

COMMITTEE ON LEGISLATION: Public Internet Protection Act: Local Law Intro. 4-2006: Local Law requiring all commercial businesses in Westchester County offering or utilizing public Internet access and/or maintaining personal information and using a wireless network to have a secure network to protect the public from potential identity theft and other risks related to computer use.

Mr. Young 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, Bronz, Burrows, Burton, Kaplowitz, LaMotte Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 15

NAY: None

COMMITTEE ON LEGISLATION: Public Hearing-Alternate date for valuation of real property: RES 40 2006: Setting a Public Hearing on a proposed Local Law creating an option for local towns to elect to use an alternate date for the valuation of real property in Westchester County by local option. [Public Hearing set for April 24, 2006; at 7:30 p.m.; Local Law Intro. 7, 2006].

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

COMMITTEE ON APPOINTMENTS: Soil & Water Conservation District Appointment: RES 41 2006: Resolution confirming the appointment of Cesare Manfredi, P.E. as a member of the Westchester County Soil & Water Conservation District’s Board of Directors.

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

COMMITTEE ON APPOINTMENTS: RES 2006: Board of Plumbing Examiners Appointment: Resolution confirming the appointment of Gerard J. Pettit, P.E., as a member of the Westchester County Board of Plumbing Examiners.

On motion of Ms. Swanson, the following item was recommitted.

COMMITTEE ON APPOINTMENTS: RES 42 2006: Council for Seniors Reappointment: Resolution confirming the reappointment of Lorenzo Brown, as a District 9 member of the Westchester County Council for Seniors.

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

COMMITTEE ON APPOINTMENTS: RES 43 2006: Council for Seniors Reappointment: Resolution confirming the reappointment of Goody Sculky, as a District 6 member of the Westchester County Council for Seniors.

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

COMMITTEE ON APPOINTMENTS: RES 44 2006: Council for
Seniors Reappointment: Resolution confirming the reappointment of
Jim Cronk, as a District 1 member of the Westchester County Council
for Seniors.

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

COMMITTEE ON APPOINTMENTS: RES 45 2006: Domestic
Violence Council Reappointment: Resolution confirming the
reappointment of Marion LaFranco, Deputy Commissioner of Social
Services, as an At-Large member of the Westchester County
Domestic Violence Council.

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

COMMITTEE ON APPOINTMENTS: Soil & Water Conservation
Board Appointment: RES 46-2006: Resolution confirming the
appointment of Susan E. Carpenter as a member of the Westchester
County Soil & Water Conservation Board.

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

COMMITTEE ON APPOINTMENTS: RES 47-2006: Domestic Violence Council Appointment: Resolution confirming the appointment of Louis G. Conte as a member of the Westchester County Domestic Violence Council.

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

COMMITTEE ON APPOINTMENTS: RES 48-2006: Hispanic Advisory Board Reappointment: Resolution confirming the reappointment of Joaquin F. Alemany as a member of the Westchester County Hispanic Advisory Board.

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

COMMITTEE ON APPOINTMENTS: RES 49-2006: Board of
Health Reappointment: Resolution confirming the reappointment of
William Davis as a City of Mount Vernon representative member of
the Westchester County Board of Health.

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

COMMITTEE ON APPOINTMENTS: RES 50-2006: Women’s
Advisory Board Reappointment: Resolution confirming the
reappointment of Reina Schriffrin as an At-Large member of the
Westchester County Women’s Advisory Board.

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

Memorial Resolutions: RES 35-2006:

Mr. Burton: Nedra Barrett, Richard Joyce
Mr. Burton, Mr. Oros, Mr. Kaplowitz: Lyn Roessler
Mr. Kaplowitz: Patricia Joan Mrsich, James T. Whalen, Colonel Harry C. Harvey, Marguerite Moser Kueng
Ms. Stewart-Cousins, Ms. Spreckman, Ms. Bronz: Ethel Harmon
Mr. Abinanti, Mr. Burton, Ms. Stewart-Cousins, Mr. Kaplowitz: Stanley Shear
Mr. Pinto, Mr. Burrows: Patrick Craven
Mr. Maisano and All Legislators: Mrs. Stephens
Ms. LaMotte: Frank Kellogg

MOTIONS, RESOLUTIONS:

6th District (Mr. Rogowsky): Move that when the Board adjourns, it adjourns to meet on April 24, 2006 at 7 p.m.

On MOTION of Legislator Rogowsky,
The Board adjourns.