MINUTES
COUNTY BOARD OF LEGISLATORS

NOVEMBER 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, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 17

Absent: None

Motion – Approval of Minutes. Mr. Rogowsky moved that the minutes of October 23, 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 Hearings and read the rules for its conduct.

PUBLIC HEARING: COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Sewer District Modification: ACT 221-2006: Proposed Act to modify the Blind Brook Sanitary Sewer District by the removal of 1 property (3 parcels) located in the Village of Rye Brook.

There were no speakers.

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

COMMUNICATION: COUNTY EXECUTIVE: Fire Advisory Board: Reappointing Julian Keiser as a member of the Westchester County Fire Advisory Board was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Board of Ethics: Appointing Patricia Higgins O’Callaghan as a member and Chair 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: Industrial Development Agency: Appointing Alfredo S. Quintero as a member of the Westchester County Industrial Development Agency to serve at the County Executive’s pleasure was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION: COUNTY EXECUTIVE: Amended Easement Acceptance: Proposed Act authorizing the County to accept from NYS an amended easement situated over lands owned by the State of New York located at the foot of Drake Avenue and Wright Island in the City of New Rochelle was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Court Ordered Refunds: Forwarding a package of court ordered refunds to be paid by the Commissioner of Finance was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Amended Bond Act: Proposed Act authorizing the County to issue up to $1,750,000 in bonds to finance Capital Project SY014 – Emergency Generator Replacement Yonkers Joint Wastewater Treatment Plant 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: Amended Bond Act: Proposed Act authorizing the County to issue up to $2,650,000 in bonds to finance Capital Project RGC05 – Mohansic Golf Course Renovation 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 & Bond Act: Proposed Act and related bond act authorizing the County to enter into an IMA with the City of Yonkers whereby the City will operate and maintain an athletic field complex at Tibbetts Brook Park and renovate playground areas at Scotti Park and Wakefield Park 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: Leaf Blowers: Proposed Local Law amending the Laws of Westchester County in relation to the use of leaf blowers was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Legislation and the Committee on Environment and Energy.

COMMUNICATION: COUNTY EXECUTIVE: IMA-Lightpath: Proposed Act authorizing the County to enter into IMAs with municipalities located in Westchester County whereby such municipalities would receive telecommunications services from Cablevision Lightpath, Inc. through Lightpath’s contract with the County of Westchester was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Capital Budget Amendment: Proposed Act amending the County 2006 Capital Budget by increasing the appropriations for Capital Project P0007 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: Bond Act Amendment: Proposed Act authorizing the County to amend various bond acts previously adopted by the Board of Legislators was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act : Proposed Act authorizing the County to issue up to $100,000 in bonds to finance Capital Project B014B – Exterior Infrastructure Repairs, White Plains Complex 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: Capital Budget Amendment: Proposed Act amending the County 2006 Capital Budget by increasing the appropriations for Capital Project RB014 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 Purchase: Proposed packet of legislation including an act authorizing the County to purchase approximately 5.37 acres of real property commonly known as 450 Saw Mill River Road in the Town of Greenburgh for general municipal purposes; a Capital Budget Amendment; and related bond acts 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: Bond Act: Proposed Act authorizing the County to issue up to $1,550,000 to finance Capital Project RP030 – Playland Infrastructure Reconstruction 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: Bond Act: Proposed Act authorizing the County to issue up to $250,000 in bonds to finance Capital Project RP23A – Various Rides and Components 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: Human Rights Commission: Proposed Local Law amending the Laws of Westchester County to expand the remedies that may be imposed by the Westchester County Human Rights Commission in connection with a determination that a respondent has committed an unlawful discriminatory practice was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Legislation.

COMMUNICATION: COUNTY EXECUTIVE: Budget Amendment: Proposed Act amending the 2006 County Operating Budget in the amount of $3,767,343 was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Transfer Resolution: Proposed Resolution transferring funds within various County departments in the amount of $443,608 was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Mortgage Tax Receipts: Proposed Act authorizing the Commissioner of Finance to pay Mortgage Tax Receipts to Cities, Towns and Villages was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Proposed Act authorizing the issuance of up to $740,000 in bonds to finance Capital project BCR5A – Infrastructure Improvements (2001-2005) 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: HON. MARTIN ROGOWSKY: Westchester County Airport: Forwarding a Town of Rye Resolution reaffirming the policy of the Westchester County Board of Legislators supporting no increase in the total capacity of the Airport 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: HAVA: Forwarding a Resolution from the Village of Dobbs Ferry in support of precinct-counted optical scanning machines with paper ballots was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Housing, Planning and Government Operations.

COMMUNICATION: HON. WILLIAM BURTON: HAVA: Forwarding constituent correspondence in support of optical scanning and paper ballots was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Housing, Planning and Government Operations.

COMMUNICATION: HON. URSULA LA MOTTE: HAVA: Forwarding correspondence from The League of Women Voters in support of optical scanning equipment was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Housing, Planning and Government Operations.

COMMUNICATION: HON. URSULA LA MOTTE: RiverWalk and Hudson Greenspace: Forwarding constituent correspondence with regard to the Hudson RiverWalk and Hudson Greenspace was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: CLERK OF THE BOARD: Amodio’s Garden Center: Forwarding correspondence from the law firm of McCullough, Goldenberger & Staudt with regard to the status of Amodio’s Garden Center’s application for admission to the Agricultural District was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Environment and Energy.

COMMUNICATION: CLERK OF THE BOARD: Agricultural District No. 1: Forwarding correspondence from the NYS Commissioner of Agriculture and Markets with regard to BOL Resolutions 143 and 144-2006, modifying Westchester County Agricultural District No. 1 was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Environment and Energy.

COMMUNICATION: HON. WILLIAM RYAN: Legal Decision: Forwarding a copy of the Decision and Order of the Appellate Division re: County of Westchester and New York State Association of Counties v. Board of Trustees of the State University of New York, Appellate Division No. 98099 was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Generational, Cultural and Ethnic Diversity.

COMMUNICATION: HON. WILLIAM RYAN: Fatality Report: Forwarding Fatality Report 96-06-005 from the New York state Office of Children & Family Services was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Family, Health and Human Services.

COMMUNICATION: HON. WILLIAM RYAN: WCC: Forwarding a report from Westchester Community College listing current activities that support the educational goals and objectives of underserved students at WCC and a Proposal to establish an Outreach and Retention Center at WCC was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Generational, Cultural and Ethnic Diversity.

COMMUNICATION: HON. WILLIAM RYAN: County Jail: Forwarding correspondence from COBA President Robert DelBene with regard to an incident that occurred at the County Jail on October 1, 2006 was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Public Safety and Security.

COMMUNICATION: HON. URSULA LA MOTTE: Constituent Concerns: Forwarding constituent correspondence with regard to various proposals by the County Executive was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Housing, Planning and Government Operations.

COMMUNICATION: HON. JUDY MYERS: HIV Testing: Proposed Resolution encouraging Westchester residents to get tested for HIV and calling attention to World AIDS Day on December 1, 2006 was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Family, Health and Human Services.

COMMUNICATION: HON. MARTIN ROGOWSKY: 2007 County Budget: Forwarding constituent correspondence urging support for several items in the County’s 2007 Budget was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Negative Declaration: RES 203-2006: Resolution finding that there will be no significant impact on the environment from the removal of 1 property (3 parcels) located in the Village of Rye Brook from the Blind Brook Sanitary Sewer District.

Mr. Rogowsky 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: Sewer District Modification: ACT 221-2006: Act modifying the Blind Brook Sanitary Sewer District by the removal of 1 property (3 parcels) located in the Village of Rye Brook.

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

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 17

NAY: None


COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Quarry Heights-Negative Declaration: RES 212-2006: Resolution finding that there will be no significant impact on the environment from the construction of sewer lines and appurtenances necessary to provide public sanitary sewer service to the Quarry Heights area.

Mr. Rogowsky presented the following Resolution which was laid “OVER” under the rules by Mr. Rogowsky.


COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Quarry Heights-Sewer District Modification: ACT 228-2006: Act to modify the Upper Bronx Valley Sanitary Sewer District by the Removal of fifty-nine (59) parcels located in the Town of North Castle.

Mr. Rogowsky presented the following Report and Act which was laid “OVER” under the rules by Mr. Rogowsky.


COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Quarry Heights-Sewer District Modification: ACT 229-2006: Act to modify the Mamaroneck Valley Sewer District by the Addition of fifty-seven (57) parcels of property located in the Town of North Castle.

Mr. Rogowsky presented the following Report and Act which was laid “OVER” under the rules by Mr. Rogowsky.


COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Quarry Heights – Map Replacement: Local Law 15-2006: Local Law amending Section 964.22 of the Laws of Westchester County in order to strike the map contained therein and replace the stricken map with a map which reflects the revised sewer district designations of the Quarry Heights parcels.

Mr. Rogowsky presented the following Local Law which was laid “OVER” under the rules by Mr. Rogowsky.


COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Quarry Heights- Capital Budget Amendment: ACT 230-2006: Act amending the County 2006 Capital Budget by decreasing the appropriations for Capital Project SUB01 – Quarry Heights Tributary Sewer System.

Mr. Rogowsky presented the following Report and Act which was laid “OVER” under the rules by Mr. Rogowsky.


COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Quarry Heights- Capital Budget Amendment: ACT 231-2006: Act amending the County 2006 Capital Budget by increasing the appropriations for Capital Project SM087 – Quarry Heights Tributary Sewer System.

Mr. Rogowsky presented the following Report and Act which was laid “OVER” under the rules by Mr. Rogowsky.


COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Quarry Heights - Bond Act: (BOND) ACT 232-2006: Act authorizing the County to issue bonds up to $3,250,000 in bonds to finance the design, construction management and construction of Capital Project SM087 - Quarry Heights Tributary Sewer System.

Mr. Rogowsky presented the following Report and Act which was laid “OVER” under the rules by Mr. Rogowsky.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Quarry Heights – North Castle IMA: ACT 233-2006: Act authorizing the county to enter into an IMA with the Town of North Castle whereby the county and the Town of North Castle shall undertake the necessary construction of sewer lines and appurtenances necessary to provide public sanitary sewer service to the Quarry Heights area located in the Town of North Castle.

Mr. Rogowsky presented the following Report and Act which was laid “OVER” under the rules by Mr. Rogowsky.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Quarry Heights – Harrison IMA: ACT 234-2006: Act authorizing the County to enter into an IMA with the Town/Village of Harrison whereby the County shall undertake the necessary construction of sewer lines and appurtenances necessary to provide public sanitary sewer services to the Quarry Heights area located in the Town of North Castle.

Mr. Rogowsky presented the following Report and Act which was laid “OVER” under the rules by Mr. Rogowsky.


COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act-Tibbetts: (BOND) ACT 235-2006: Act authorizing the County to issue up to $750,000 in bonds to finance Capital Project RTB07 – Tibbetts Brook Pool Renovation.

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

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 17

NAY: None


COMMITTEE ON BUDGET & APPROPRIATIONS: Designation of Outside Counsel: ACT 236-2006: Act designating the law firm of Briccetti, Calhoun and Lawrence to be retained to represent Michael Facelle in the lawsuit entitled Frank Calabro v. Anthony M. Landi, et al. and authorizing the County to pay Mirande and Sokoloff for legal services rendered in the connection with the action.

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

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 17

NAY: None


COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act: (BOND) ACT 237-2006: Act authorizing the issuance of up to $375,000 in bonds to finance Capital Project BPL03 – Site Improvements – Various Facilities.

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

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Stewart-Cousins, Swanson, Young, Chair – 17

NAY: None


COMMITTEE ON APPOINTMENTS: Youth Board: RES 204-2006: Resolution confirming the appointment of Kenneth Phillips as a member of the Westchester County Youth Board.

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



COMMITTEE ON APPOINTMENTS: Council for Seniors:
RES 205-2006: Resolution confirming the reappointment of
Arthur Stampleman as a District 7 representative 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: Emergency Medical Services Board: RES 206-2006: Resolution confirming the reappointment of David Dawson as a member of the Westchester County Emergency Medical Services Board.

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


COMMITTEE ON APPOINTMENTS: Emergency Medical Services Board: RES 207-2006: Resolution confirming the reappointment of Daniel Blum as a member of the Westchester County Emergency Medical Services Board.

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


COMMITTEE ON APPOINTMENTS: Emergency Medical Services Board: RES 208-2006: Resolution confirming the reappointment of Adam Ochs as a member of the Westchester County Emergency Medical Services Board.

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


COMMITTEE ON APPOINTMENTS: Fire Advisory Board: RES 209-2006: Resolution confirming the reappointment of Francis Grosso as a member of the Westchester County Fire Advisory Board.

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


COMMITTEE ON APPOINTMENTS: Youth Board: RES 210-2006: Resolution confirming the appointment of Maurine Koranteng as a member of the Westchester County Youth Board.

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


Memorial Resolutions: RES 211-2006:

Mr. Burrows, Ms. Swanson and all the Legislators: Vincent Natrella
Mrs. LaMotte: L. Edwin Saunders, Salvatore S. Intrieri, Victoria K. Gunzel, George J. Crowe, Sr., Ruth Welch Laidlaw, Frank Cerullo
Mr. Pinto: Kenneth Banks, Mrs. McGowen, John Candrella, Maggi Pinto, Mrs. Farrell
Mr. Pinto and all the Legislators: Salvatore Cermele
Mrs. Swanson: Jimmy Amodio
Mrs. Stewart-Cousins, Mr. Abinanti, Mr. Kaplowitz, Ms. Bronz, and Mr. Ryan: Maureen Keating Tsuchiya
Mr. Rogowsky & Mr. Ryan: Rocco Sarlo
Mr. Maisano: Robert Wolff, Rose Della Cava, Dorothy Ann Fallon Doran, John J. O’Moore, Mark Pelini
Mr. Burrows: Margaret Guilfoyle
Ms. Bronz and Mr. Ryan: Harriette Glassman
Ms. Bronz and Mr. Abinanti: Helen Dunlap
Ms. Myers: Betty Mack


MOTIONS, RESOLUTIONS:
6th District (Mr. Rogowsky): Move that when the Board adjourns, it adjourns to meet on November 27, 2006 at 7:00 p.m.
On MOTION of Legislator Rogowsky,
The Board adjourns.