MINUTES
COUNTY BOARD OF LEGISLATORS


JUNE 6, 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, Alvarado, Astorino, Bronz, Burrows, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

Absent: Legislator: Kaplowitz - 1.

Motion – Approval of Minutes. Mr. Young moved that the minutes of May 23, 2005(Regular Meeting) and May 31, 2005 (Special Meeting) be approved – Carried.

Mr. Young moved to suspend the regular order of business for the purpose of holding eight public hearings.

PUBLIC HEARING: COMMITTEE ON THE ENVIRONMENT: RES 113-2005: County Agricultural District: Resolution approving the inclusion of additional parcels of land within the County Agricultural District.

There were no speakers.

No other person wishing to be heard, Mr. Young declared the Public Hearing closed.

PUBLIC HEARING: COMMITTEES ON BUDGET & APPROPRIATIONS, HEALTH, CULTURAL AND ETHNIC DIVERSITY & PUBLIC WORKS: Sewer District Modification: ACT 137-2005: Act modifying the Peekskill Sanitary Sewer District by the addition of 1 parcel in the Town of Cortlandt.

There were no speakers.

No other person wishing to be heard, Mr. Young declared the Public Hearing closed.

PUBLIC HEARING: COMMITTEES ON BUDGET & APPROPRIATIONS AND PARKS: IMA: LOCAL LAW INTRO 7-2005: Local Law authorizing the County to enter into an IMA with the Village of Rye Brook whereby the County will lease the King Street Fields from the Village.

There were no speakers.

No other person wishing to be heard, Mr. Young declared the Public Hearing closed.

PUBLIC HEARING: COMMITTEES ON BUDGET & APPROPRIATIONS AND PUBLIC SAFETY AND CRIMINAL JUSTICE: Mutual Aid and Rapid Response Plan:
LOCAL LAW INTRO 8-2005: Local Law authorizing the establishment of a Mutual Aid and Rapid Response Plan for area police departments.

There were no speakers.

No other person wishing to be heard, Mr. Young declared the Public Hearing closed.

PUBLIC HEARING: COMMITTEE ON PUBLIC SAFETY & CRIMINAL JUSTICE: Expansion of Powers of Department of Emergency Services: LOCAL LAW INTRO 9-2005: Local Law expanding the list of powers and duties of the Department of Emergency Services

There were 6 speakers.

No other person wishing to be heard, Mr. Young declared the Public Hearing closed.

PUBLIC HEARING: COMMITTEES ON THE ENVIRONMENT AND LEGISLATION: LOCAL LAW INTRO 10-2005: Local Law amending County law with respect to regulating the content of fuels.

There were 9 speakers.

No other person wishing to be heard, Mr. Young declared the Public Hearing closed.

PUBLIC HEARING: COMMITTEES ON THE ENVIRONMENT AND LEGISLATION: Vehicle Idling Times: LOCAL LAW INTRO 11-2005: Local Law amending County Law with respect to idling time of diesel powered vehicles.

There was 1 speaker.

No other person wishing to be heard, Mr. Young declared the Public Hearing closed.

PUBLIC HEARING: COMMITTEES ON THE ENVIRONMENT AND LEGISLATION: Disposal of Cell Phones: LOCAL LAW INTRO 12-2005: Local Law amending County Law with respect to the disposal of cellular telephones.

There was 1 speaker.

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: Agreement with WCHCC: Act authorizing the County to enter into an Agreement with WCHCC for the provision of medical services was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Health.

COMMUNICATION: COUNTY EXECUTIVE: Agreement with WCHCC: Act authorizing the County to enter into an Agreement with WCHCC for the provision of HIV/AIDS related medical services was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Health.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of Cynthia Adams to the County Youth Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of George Skinner to the County Airport Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of W. Garrison Jackson to the County African American Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of Wendy Serkin to the County Human Rights Commission was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of Joel Klein to the County Citizens Consumer Advisory Council was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $2,750,000 in bonds to finance Pump Station Rehabilitation – New Rochelle Sewer District (SNR75) 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 $1,425,000 in bonds to finance Forcemain rehabilitation, Peekskill WWTP (SPK20) 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 $1,320,000 in bonds to finance Pump Station Rehabilitation Program (SPK74) 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 $600,000 in bonds to finance Forcemain Rehabilitation Bronx Valley (SBV20) 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: Commencement of Lawsuit: Act authorizing the County Attorney to commence a lawsuit against Piscionere & Nemarow, P.C. was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. URSULA LAMOTTE: Cell Tower: Constituent correspondence in opposition to a proposed cell phone tower in the Town of Somers was on motion of Mr. Young received, filed and referred to the Committee on Parks and Recreation and the Committee on Community Affairs.

COMMUNICATION: HON. JUDY MYERS: Tobacco Products: Correspondence from NYPIRG opposing any proposal to raise the minimum tobacco purchasing age was on motion of Mr. Young received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Alternative Minimum Tax: Resolution supporting efforts to reform the ATM was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Legislation.

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

COMMUNICATION: HON. WILLIAM RYAN: Fatality Report: NYS Office of Children & Family Services report concerning the death of a child in the County was on motion of Mr. Young received, filed and referred to the Committee on Families and the Committee on Public Safety and Criminal Justice.

COMMUNICATION: HON. WILLIAM RYAN: Fatality Report: NYS Office of Children & Family Services report concerning the death of a child in the County was on motion of Mr. Young received, filed and referred to the Committee on Families and the Committee on Public Safety and Criminal Justice.

COMMUNICATION: HON. WILLIAM RYAN: Fatality Report: NYS Office of Children & Family Services report concerning the death of a child in the County was on motion of Mr. Young received, filed and referred to the Committee on Families and the Committee on Public Safety and Criminal Justice.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Department of Emergency Services: Constituent correspondence regarding pending legislation to expand the powers and duties of the Department of Emergency Services was on motion of Mr. Young received, filed and referred to the Committee on Public Safety and Criminal Justice.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Real Property Tax Law: Constituent correspondence opposing A.04901, which would amend the NYS Real Property Tax Law was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Legislation.

COMMUNICATION: CLERK OF THE BOARD: Bus Stop: Constituent correspondence requesting a bus stop at Grasslands Road was on motion of Mr. Young received, filed and referred to the Committee on Transportation.

COMMUNICATION: HON. WILLIAM RYAN: Board of Health Reappointments: Memorandum from the Chairman recommending three reappointments to the County Health Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: HON. RICHARD WISHNIE: Penitentiary Fire Evacuation Plan: Correspondence from the Westchester County Corrections Officers Benevolent Association regarding fire prevention at the County Jail was on motion of Mr. Young received, filed and referred to the Committee on Public Safety and Criminal Justice.

COMMUNICATION: HON. ANDREA STEWART COUSINS: Visitation Agencies: Memorandum calling for the possible regulation of supervised visitation agencies was on motion of Mr. Young received, filed and referred to the Committee on Families.

COMMUNICATION: HON. TOM ABINANTI: Rent Guidelines Board: Lawsuit against the County Rent Guidelines Board challenging its procedures was on motion of Mr. Young received, filed and referred to the Committee on Housing.

COMMUNICATION: HON. RICHARD WISHNIE: Penitentiary Safety: Correspondence from the Westchester County Corrections Officers Benevolent Association regarding safety concerns at the County jail was on motion of Mr. Young received, filed and referred to the Committee on Public Safety and Criminal Justice.

COMMITTEES ON BUDGET & APPROPRIATIONS, HEALTH, CULTURAL AND ETHNIC DIVERSITY & PUBLIC WORKS: Sewer District Modification: ACT 137-2005: Act modifying the Peekskill Sanitary Sewer District by the addition of 1 parcel in the Town of Cortlandt.

Mr. Wishnie 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, Alvarado, Astorino, Bronz, Burrows, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.
COMMITTEES ON BUDGET & APPROPRIATIONS AND PARKS: IMA – King Street Fields: LOCAL LAW INTRO 7-2005: Local Law authorizing the County to enter into an IMA with the Village of Rye Brook whereby the County will lease the King Street Fields from the Village.

The following item was laid “over” under the rules by Mr. Oros.
COMMITTEES ON BUDGET & APPROPRIATIONS AND PARKS: Bond Act – King Street Fields: (BOND) ACT 144-2005: Bond Act authorizing the issuance of $2,754,000 in bonds to finance the cost of construction of an athletic field and related improvements on King Street in the Village of Rye Brook (BLA01).

The following item was laid “over” under the rules by Mr. Oros.
COMMITTEES ON BUDGET & APPROPRIATIONS AND PARKS: Capital Budget Amendment – King Street Fields: ACT145-2005: Act amending the County 2005 Capital Budget by the addition of appropriations for Capital Project RB088.

The following item was laid “over” under the rules by Mr. Oros.
COMMITTEES ON BUDGET & APPROPRIATIONS AND PARKS: Bond Act: (BOND) ACT 146-2005: Bond Act authorizing the issuance of $4,200,000 in bonds to finance the cost of partial reconstruction of Ridge Street and Wappanocca Avenue in the Village of Rye Brook (RB088).

The following item was laid “over” under the rules by Mr. Oros.
COMMITTEES ON BUDGET & APPROPRIATIONS AND PUBLIC SAFETY AND CRIMINAL JUSTICE: Mutual Aid and Rapid Response Plan: LOCAL LAW INTRO 8-2005: Local Law authorizing the establishment of a Mutual Aid and Rapid Response Plan for area police departments.

Mr. Wishnie 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, Alvarado, Astorino, Bronz, Burrows, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.
COMMITTEES ON BUDGET & APPROPRIATIONS AND PUBLIC WORKS: Bond Act: (BOND) ACT 147-2005: Bond Act authorizing the issuance of $6,000,000 in bonds to finance rehabilitation of the Mamaroneck/New Rochelle Twin Sludge Forcemain (SNR20).

Mr. Wishnie 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, Alvarado, Astorino, Bronz, Burrows, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.

NAY: None.

Note: Mrs. Stewart-Cousins was not present when the vote was taken.
COMMITTEES ON BUDGET & APPROPRIATIONS AND PUBLIC SAFETY AND CRIMINAL JUSTICE: E-911 Surcharge Funds: ACT 148-2005: Act authorizing the expenditure of $2,485,000 in Enhanced 911 surcharge funds for the operation of the E-911 system.

Mr. Wishnie 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, Alvarado, Astorino, Bronz, Burrows, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.
COMMITTEES ON BUDGET & APPROPRIATIONS AND TECHNOLOGY: Bond Act: (BOND) ACT 149-2005: Bond Act authorizing the issuance of $500,000 in bonds to finance the cost of acquisition and installation of information technology equipment (BIT06).

Mr. Wishnie 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, Alvarado, Astorino, Bronz, Burrows, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.
COMMITTEES ON BUDGET & APPROPRIATIONS AND TECHNOLOGY: Bond Act: (BOND) ACT 150-2005: Bond Act authorizing the issuance of $1,200,000 in bonds to finance the cost of acquisition of County computers (BIT03).

Mr. Wishnie 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, Alvarado, Astorino, Bronz, Burrows, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.
COMMITTEE ON BUDGET & APPROPRIATIONS: Budget Amendment: ACT 151-2005: Act amending the 2004 County Operating Budget.

Mr. Wishnie 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, Alvarado, Astorino, Bronz, Burrows, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.
COMMITTEE ON BUDGET & APPROPRIATIONS: CDBG Program: ACT 152-2005: (AS AMENDED) Act authorizing the County to enter into cooperation agreements to undertake the CDBG Program.

Mr. Abinanti made a motion, seconded by Mrs. Bronz, to reconsider the vote taken by the Board on May 23, 2005 to refer this item to the Committee on Budget and Appropriations and the Committee on Community Affairs. The vote on the motion to reconsider was as follows:

AYE: Legislators: Young, Oros, Abinanti, Alvarado, Astorino, Bronz, Burrows, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.

Mr. Young made a motion, seconded by Mr. Wishnie, to refer this item to the Committee on Budget and Appropriations only. The vote to refer this item was as follows:

AYE: Legislators: Young, Oros, Abinanti, Alvarado, Astorino, Bronz, Burrows, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.

Mr. Wishnie 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, Alvarado, Astorino, Bronz, Burrows, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.

COMMITTEES ON LEGISLATION AND LABOR: Living Wage Law Amendment: RES 123-2005: Setting a Public Hearing on a proposed Local Law amending the County Living Wage Incentive [Public Hearing set for June 20, 2005; at 7:30 p.m; LOCAL LAW INTRO 14-2005.]

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

COMMITTEE ON PUBLIC SAFETY & CRIMINAL JUSTICE: Expansion of Powers of Department of Emergency Services: LOCAL LAW INTRO 9-2005: Local Law expanding the list of powers and duties of the Department of Emergency Services.

Mr. Wishnie 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, Alvarado, Astorino, Bronz, Burrows, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.

COMMITTEE ON THE ENVIRONMENT: County Agricultural District – Environmental: RES 113-2005: Resolution finding no adverse impact on the environment from the inclusion of additional parcels of land within the County Agricultural District.

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

COMMITTEE ON THE ENVIRONMENT: County Agricultural District: RES 124-2005: Resolution approving the inclusion of additional parcels of land within the County Agricultural District – Town of Yorktown.

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

COMMITTEE ON THE ENVIRONMENT AND THE COMMITTEE ON LEGISLATION: Fuel Content Regulation: LOCAL LAW INTRO 10-2005: Local Law amending County law with respect to regulating the content of fuels.

On motion of Mr. Rogowsky, the following item was recommitted to the Committee on Legislation only.
COMMITTEE ON THE ENVIRONMENT AND THE COMMITTEE ON LEGISLATION: Emission Reductions: ACT 142-2005: Act requiring that all diesel-powered nonroad County vehicles operated by the County be powered by ultra low sulfur to reduce emissions.

On motion of Mr. Rogowsky, the following item was recommitted to the Committee on Legislation only.
COMMITTEE ON THE ENVIRONMENT AND THE COMMITTEE ON LEGISLATION: Emission Reductions: ACT 143-2005: Act requiring that all diesel-powered onroad County vehicles operated by the County be powered by ultra low sulfur to reduce emissions.

On motion of Mr. Rogowsky, the following item was recommitted to the Committee on Legislation only.
COMMITTEE ON FAMILIES: Gold Star Status: RES_____-2005: Resolution urging the American Gold Star Mothers to amend their charter regarding the inclusion of non-citizen mothers of American soldiers killed in action.

On motion of Mrs. Stewart-Cousins, the following item was recommitted.

COMMITTEE ON FAMILIES: Gold Star Status: RES 125-2005: Resolution urging the American Gold Star Mothers to amend their charter regarding the inclusion of non-citizen mothers of American soldiers killed in action.

Mrs. Stewart-Cousins presented the following Resolution and moved its adoption, which was declared adopted.

Memorial Resolutions: RES 126-2005:

Mr. Oros: Eleanor Scuccimarra, Oscar Leitner.
Mr. Burrows: Alfred Shiels, William Deighan.
Mrs. LaMotte: Frances E. Carey, Richard Yakman.
Mr. Astorino: Peter Mackin.
Mr. Pinto: John Orefice.
Mr. Kaplowitz: Dolores Maria Barbuto
Mr. Maisano and Mr. Pinto: Mildred Cherico.
Mrs. Spreckman: John Papa.
Mrs. Bronz and Mr. Maisano: Anita Jones.
Mr. Maisano: Eric Narvesan , Richard Haggerty, Onofrio Vaccaro.
Mr. Maisano, Mr. Pinto, and Mrs. Bronz: Sidney Mudd.
Mr. Pinto and All Legislators: Ilse Bierdermann.

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.