MINUTES
COUNTY BOARD OF LEGISLATORS


JANUARY 4, 2005 (7:00 P.M.)

The County Board of Legislators met pursuant to adjournment.

The Honorable William J. Ryan in the Chair.

The Chair opened the meeting with the salute to our flag and an invocation.

The roll call resulted as follows:

Legislators: Young, Oros, Abinanti, Astorino, Bronz, Kaplowitz, LaMotte, Maisano, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 14.

Absent: Alvarado -1.

Motion – Approval of Minutes. Mr. Young moved that the minutes of December 13, 2004 (Regular Meeting), December 21, 2004 (Special Meeting) and December 21, 2004 (Special Meeting) be approved – Carried.

Mr. Young moved to suspend the regular order of business for the purpose of holding a 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 BUDGET & APPROPRIATIONS: Lease Agreement: LOCAL LAW INTRO 24-2004: Local Law authorizing the County to enter into a lease agreement with Jet Support Systems, d/b/a Avitat, for space at the County Airport.

There were no speakers.

No other person wishing to be heard, Mr. Young Declared the Public Hearing closed.
PUBLIC HEARING: COMMITTEE ON SOLID WASTE & RECYCLABLES & COMMITTEE ON LEGISLATION: Collection Licensing Law: LOCAL LAW INTRO 25-2004: Local Law amending the County Solid Waste and Recyclables Collection Licensing Law.

There were three speakers.

No other person wishing to be heard, Mr. Young Declared the Public Hearing closed.
PUBLIC HEARING: COMMITTEES ON HOUSING & COUNTY OFFICERS AND DEPARTMENTS: Housing Opportunity Commission: LOCAL LAW INTRO 26-2004: Local Law to extend the term of the Westchester County Housing Opportunity Commission from December 31, 2004 to December 31, 2009.

There were no speakers.

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

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Confirming the reappointment of Adolph Orlando as a member of the County Professional Prequalification Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Confirming the reappointment of John P. Annicelli as a member of the County Professional Prequalification Board was on motion of Mr. Young received, filed and referred to the Committee on Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Confirming the reappointment of Winston Ross as a member of the County African American Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Confirming the reappointment of Peter Bonhag as a member of the County Refuse Disposal District No.1 Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on Committee on County Officers and Departments.

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. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: East of Hudson Water Quality Investment Funds: Acts authorizing the transfer of $7,500,000 of East of Hudson Water Quality Investment Funds into a County Trust Account and authorizing the County to enter into IMAs with various municipalities to distribute funds for water quality improvement projects was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Environment.

COMMUNICATION: COUNTY EXECUTIVE: Video Games: Local Law regarding a mandatory display of ratings for video and computer games was on motion of Mr. Young received, filed and referred to the Committee on Legislation.

COMMUNICATION: COUNTY EXECUTIVE: Acceptance of Gift: Acceptance of a gift from Adele Dowling for use by the Department of Parks and Recreation at Croton Point Park was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Sewer District Modification: Act modifying the Peekskill Sanitary Sewer District by the addition of 34 parcels located in the Town of Somers was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations, Committee on Public Works, Committee on Cultural and Ethnic Diversity and the Committee on Health.

COMMUNICATION: COUNTY EXECUTIVE: Capital Budget Amendment: Act amending the 2005 County Capital Budget was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $270,000 in bonds to finance an engineering plan for improvements to the Port Chester Wastewater Treatment Plant (SPC94) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.

COMMUNICATION: COUNTY EXECUTIVE: Capital Budget Amendment: Act amending the 2005 County Capital Budget was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $270,000 in bonds to finance an engineering plan for improvements to the Blind Brook Wastewater Treatment Plant (SBB91) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.

COMMUNICATION: COUNTY EXECUTIVE: Capital Budget Amendment: Act amending the 2005 County Capital Budget was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $1, 765,000 in bonds to finance an engineering plan for improvements to the Mamaroneck Valley Wastewater Treatment Plant (SM092) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $900,000 for Upgrade Fire Alarm System, Valhalla (B0018) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $250,000 for Heavy Equipment Replacement (B035A) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $1,700,000 for Replacement of Highway/Traffic Signage (RB072) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $1,250,000 for Rehabilitation of Brockway Place Garage (B0064) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of bonds for the New Rochelle Waste Water Treatment Plant was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.

COMMUNICATION: COUNTY ATTORNEY: Compromise of Claim: Act authorizing the County to compromise the County’s right to be reimbursed for health care and wage benefits was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. GEORGE LATIMER: Board Rule 27: Memorandum requesting a change to Board Rule 27 was on motion of Mr. Young received, filed and referred to the Committee on Rules.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Peekskill Sanitary Sewer District: Correspondence from the Town of Yorktown requesting modifications to the Peekskill Sanitary Sewer District was on motion of Mr. Young received, filed and referred to the Committee on Committee on Budget and Appropriations, Committee on Public Works, Committee on Cultural and Ethnic Diversity and the Committee on Health.

COMMUNICATION: CLERK OF THE BOARD: Sewer District Modification: Request from the Town of Cortlandt to include and return parcels back into the Peekskill Sanitary Sewer District (Tamarack Drive) was on motion of Mr. Young received, filed and referred to the Committee on Committee on Budget and Appropriations, Committee on Public Works, Committee on Cultural and Ethnic Diversity and the Committee on Health.

COMMUNICATION: HON. GEORGE LATIMER: Sludge Force Main Rehab Project: Request for a briefing on the details of the Sludge Force Main Rehab. Project in Larchmont was on motion of Mr. Young received, filed and referred to the Committee on Public Works and the Committee on Budget and Appropriations.

COMMUNICATION: HON. TOM ABINANTI: Waste Recycling/Licensing: Constituent correspondence regarding amendments to the County waste recycling and licensing law was on motion of Mr. Young received, filed and referred to the Committee on Solid Waste and the Committee on Legislation.

COMMUNICATION: HONS. MICHAEL KAPPLOWITZ AND MARTIN ROGOWSKY: Federal Tax Deductions: Resolution opposing any changes to the federal tax code that would eliminate the federal deduction for state and local taxes was on motion of Mr. Young received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. TOM ABINANTI: PATRIOT Act: Press article regarding the constitutionality of portions of the USA PATRIOT Act was on motion of Mr. Young received, filed and referred to the Committee on Legislation.


COMMITTEE ON BUDGET AND APPROPRIATIONS: Lease Agreement – Environmental: RES 1-2005: Resolution finding no adverse impact on the environment from entering into a new lease agreement for space at the County Airport.

The following item was laid “OVER” under the rules by Mr. Abinanti.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Lease Agreement: LOCAL LAW INTRO 24-2004: Local Law authorizing the County to enter into a lease agreement with Jet Support Systems, d/b/a Avitat, for space at the County Airport.

The following item was laid “OVER” under the rules by Mr. Abinanti.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Commencement of Lawsuit: ACT 1-2005: Act authorizing the commencement of a lawsuit against Westchester Waste Services Co. for negligent operation of the Brockway Transfer Station.

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

AYE: Legislators: Young, Oros, Abinanti, Astorino, Bronz, Kaplowitz, LaMotte, Maisano, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 14.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON HEATH: Amendment to Agreement with WCHCC: ACT 2-2005: Act authorizing the County to amend an agreement with WCHCC regarding the purchase of a mobile medical services van to provide primary care services for AIDS/HIV patients.

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

AYE: Legislators: Young, Oros, Abinanti, Astorino, Bronz, Kaplowitz, LaMotte, Maisano, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 14.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS: IMA – Mental Health Services: ACT 3-2005: Act authorizing the County to enter into IMAs with local municipalities and school districts to carry out the purposes set forth in the New York Mental Hygiene Law.

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

AYE: Legislators: Young, Oros, Abinanti, Astorino, Bronz, Kaplowitz, LaMotte, Maisano, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 14.

NAY: None.

COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC SAFETY AND CRIMINAL JUSTICE: Inmate Health Services: ACT 4-2005: Act authorizing the County to extend an agreement with WCHCC for comprehensive health care services to inmates of the Department of Correction.

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

AYE: Legislators: Young, Oros, Abinanti, Astorino, Bronz, Kaplowitz, LaMotte, Maisano, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 14.

NAY: None.

COMMITTEES ON HOUSING & COUNTY OFFICERS AND DEPARTMENTS: Housing Opportunity Commission: LOCAL LAW INTRO 26-2004: Local Law to extend the term of the Westchester County Housing Opportunity Commission from December 31, 2004 to December 31, 2009.

Mrs. Bronz 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: Young, Oros, Abinanti, Astorino, Bronz, Kaplowitz, LaMotte, Maisano, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 14.

NAY: None.

SPECIAL ORDER: CHAIR OF THE BOARD AND THE COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: WCHCC Governing Board Appointment: ACT 5-2005: Act appointing Helen Blackwood to serve on the Governing Board of the Westchester County Health Care Corporation.

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

AYE: Legislators: Young, Abinanti, Bronz, Kaplowitz, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 9.

NAY: Oros, Astorino, LaMotte, Maisano – 4.

Mrs. Stewart-Cousins was not present when the vote was taken.

Memorial Resolutions: RES 2-2005:

Mr. Latimer: John J. Bresnahan, Joseph Rapaglia
Mr. Astorino: Anthony Paparella.
Mr. Pinto: Harold Tretsch, Raymond Palma, Sebastian Schiavone, Anthony Reino, Caroline Sunberg, Elsie Bruno, Carl Marlow, Fanny Maiello, Vito P. Sgobbo, Robert Krausse, Sr.
Mr. Kaplowitz: Joseph "Joey" Sclafani.
Mrs. LaMotte: David Elliott Wilder, Matthew Zeller.
Mr. Wishnie: Mary Anne “Tooty” Byble, Andrea Kanovsky, Martin Dexter, Dr. Robert Thomas, Russell Fowler.
Mrs. Spreckman: Fred Capobianco, Eugene Serrilli.
Mr. Maisano: Marianna Care, Jack Mafucci, Sr., Daniel P. Cucino, John I. Wilson, Sylvia Gherardi, Charlotte Delfino, Virginia C. Smith, George G. Gallo, Sr.
Mr. Maisano, Mr. Pinto and Mr. Kaplowitz: John M. Reddington
Mrs. Bronz and All Legislators: Shirley Chisolm.
Mr. Young: Alphanso Owens.

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

On MOTION of Legislator Young,
The Board adjourns