MINUTES
COUNTY BOARD OF LEGISLATORS


AUGUST 8, 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, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

Absent: Burrows - 1.

Motion – Approval of Minutes. Mr. Young moved that the minutes of July 11, 2005(Regular Meeting) be approved – Carried.

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

PUBLIC HEARING: COMMITTEES ON LEGISLATION, HOUSING AND PUBLIC SAFETY & CRIMINAL JUSTICE: Discriminatory Housing & Employment Practices against Victims of Domestic Violence: LOCAL LAW INTRO 16-2005: Local Law prohibiting discriminatory housing and employment practices against victims of domestic violence and other abuse.

There were 7 speakers.

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

PUBLIC HEARING: COMMITTEE ON BUDGET & APPROPRIATIONS: 2005/2006 Operating and Capital Budgets for Westchester Community College: ACT 174-2005: Act adopting the Westchester County Community College Budget for 2005/2006 and making appropriations for the operation of Westchester Community College.

There were 2 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: Resolution confirming the reappointment of Lisa Copeland 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 Michael Bruno to the County Police 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 Isabel Villar to the County Hispanic Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Capital Budget Amendment: Act amending the County 2005 Capital Budget by the addition of appropriations for Capital Project RB017 was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Court Ordered Refunds: Information package of court ordered refunds 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: Sewer District Modification: Act modifying the Peekskill Sanitary Sewer District by the addition of 4 parcels located in the Town of Cortlandt 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: Transfer Resolution: Resolution transferring funds within various County departments was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Property Conveyance: Act authorizing the County to convey 4.9 acres of property located in the Town of Eastchester to the Town was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

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

COMMUNICATION: COUNTY EXECUTIVE: Appointment: Resolution confirming the appointment of Geoffrey D. Smith to the County Housing Opportunity Commission was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

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

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $225,000 in bonds to finance Exterior Rehabilitation and Site Improvements in Peekskill (B0070) 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 $300,000 in bonds to finance Infrastructure Improvements Valhalla Campus and District Offices (B0077) 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 $2,000,000 in bonds to finance Infrastructure Repairs, Parking Structure WP Complex (BPF21) 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 $1,160,000 in bonds to finance Installation of Emergency Generators, 112 East Post Road (B0020) 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 $1,000,000 in bonds to finance Sewer District Heavy Equipment Replacement (SW022) 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 $500,000 in bonds to finance Waste Water Treatment Plant Structural Repairs (SW002) 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 $500,000 in bonds to finance Pump Station Rehabilitation Program (SY075) 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 $200,000 in bonds to finance Forcemain Replacement Phase II (SW020) 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: Amended Lease Agreement: Local Law authorizing the County to amend the Restated and Amended Lease Agreement with WCHCC was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

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

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $300,000 in bonds to finance the Facility Management Program for WCHCC facilities (BPL18) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Budget Amendment: Act amending the County 2005 County Operating Budget was on motion of Mr. Young 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 give $57,000,000 to WCHCC upon such terms and conditions as determined by the Commissioner of Finance was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. ROB ASTORINO: Sewer District Modification: Resolution from the Town of Mount Pleasant requesting the removal of a parcel of property from the County Saw Mill Sewer District was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.

COMMUNICATION: CLERK OF THE BOARD: Sewer District Modification: Resolution from the Town of Yorktown requesting that 10 parcels of land be added to the Peekskill Sanitary Sewer District 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 Attorney to compromise the claims of the County to be reimbursed for health care expenditures paid on behalf of County employees was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: CLERK OF THE BOARD: Agricultural District No. 1: Correspondence from the NYS Department of Agriculture and Markets certifying the inclusion of additional parcels into the County Agricultural District was on motion of Mr. Young received, filed and referred to the Committee on Environment.

COMMUNICATION: HON. TOM ABINANTI: Sewage Disposal: Correspondence from LWV regarding concerns about sewage disposal in the area watershed was on motion of Mr. Young received, filed and referred to the Committee on Cultural and Ethnic Diversity, the Committee on Public Works, the Committee on Environment and the Committee on Health.

COMMUNICATION: HON. JUDY MYERS: County Homeless Shelter: Constituent correspondence in support of moving the County shelter from its present location at the Airport was on motion of Mr. Young received, filed and referred to the Committee on Public Safety and Criminal Justice, the Committee on Housing and the Committee on Community Affairs.

COMMUNICATION: CLERK OF THE BOARD: Women’s Equality Day: Correspondence from the Women’s Equality Day Reformed Committee regarding plans for their August 26 event was on motion of Mr. Young received, filed and referred to the Committee on Rules.

COMMUNICATION: HON. URSULA LAMOTTE: Emergency Communications: Correspondence from the South Salem Fire Department regarding a request to improve their communications system was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Safety and Criminal Justice.

COMMUNICATION: HON. GEORGE OROS: Sex Offender Legislation: Memorandum requesting that the Legislation Committee introduce legislation banning convicted pedophiles from living near County facilities frequented by children was on motion of Mr. Young received, filed and referred to the Committee on Public Safety and Criminal Justice and the Committee on Legislation.

COMMUNICATION: HON. URSULA LAMOTTE: Affordable Housing: Correspondence from the Vista Fire Department regarding affordable housing for active responding members was on motion of Mr. Young received, filed and referred to the Committee on Public Safety and Criminal Justice and the Committee on Housing.

COMMUNICATION: HON. WILLIAM J. RYAN: IDA: County IDA annual audit was on motion of Mr. Young received, filed and referred to the Committee on Energy and Economic Development and the Committee on Budget and Appropriations.

COMMUNICATION: HON LOIS BRONZ: Human Rights Law: Proposed technical corrections and amendment to the County Human Rights Law was on motion of Mr. Young received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. URSULA LAMOTTE: Sewage: Constituent correspondence regarding County sewage issues was on motion of Mr. Young received, filed and referred to the Committee on Cultural and Ethnic Diversity, the Committee on Budget and Appropriations, the Committee on Public Works, the Committee on Environment and the Committee on Health.

COMMUNICATION: HON. WILLIAM RYAN: Fatality Report: Report from the NYS Office of Children & Family Services on 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: Report from the NYS Office of Children & Family Services on 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. MARTY ROGOWSKY: County Homeless Shelter: Resolution from the Town of Rye supporting the closure of the homeless shelter located at the County Airport was on motion of Mr. Young received, filed and referred to the Committee on Public Safety and Criminal Justice, the Committee on Housing and the Committee on Community Affairs.

COMMUNICATION: CLERK OF THE BOARD: Sewer District Modification: Resolution from the Town of Cortlandt requesting the addition of one parcel to the Peekskill Sanitary Sewer District (Oregon Road) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.

COMMUNICATION: CLERK OF THE BOARD: Sewer District Modification: Resolution from the Town of Cortlandt requesting the addition of one parcel to the Peekskill Sanitary Sewer District (Hill and Dale Road) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.

COMMUNICATION: CLERK OF THE BOARD: Sewer District Modification: Resolution from the Town of Cortlandt requesting reinstatement of one parcel to the Peekskill Sanitary Sewer District (Pierce Street) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.

COMMUNICATION: HON. TOM ABINANTI: White Plains v. Amodio Garden Center: Summons in a civil action entitled White Plains v. Amodio Garden Center was on motion of Mr. Young received, filed and referred to the Committee on Solid Waste and Recyclables.

COMMUNICATION: HON. GEORGE OROS: Funding of Tie Line: Correspondence from Legislator Oros to the CE regarding funding for “tie-line” service to 60 control was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Safety and Criminal Justice.

COMMUNICATION: HON. TOM ABINANTI: County DSS: Press article on recent scalding deaths and related questions about County Child Protective Services was on motion of Mr. Young received, filed and referred to the Committee on Community Affairs and the Committee on Families.


COMMITTEE ON BUDGET & APPROPRIATIONS: 2005/2006 Operating and Capital Budgets for Westchester Community College: ACT 174-2005: Act adopting the Westchester County Community College Budget for 2005/2006 and making appropriations for the operation of Westchester Community College.

On motion of Mr. Kaplowitz, the following item was “recommitted” under the rules.

COMMITTEE ON BUDGET & APPROPRIATIONS: Property Conveyance – Environmental: RES 157-2005: Resolution finding no significant impact on the environment from the conveyance of .13 acres of County property in the Village of Dobbs Ferry.

The following item was laid “over” under the Rules by Mr. Abinanti.

COMMITTEE ON BUDGET & APPROPRIATIONS: Property Conveyance – Environmental: ACT 180-2005: Act authorizing the conveyance of .13 acres of County property in the Village of Dobbs Ferry to the Village of Ardsley.

The following item was laid “over” under the Rules by Mr. Abinanti.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE ENVIRONMENT COMMITTEE: Hudson River Estuary Program Grant: RES 158-2005: Resolution directing the Chief Information Officer of the County to file an application for funds from the Hudson River Estuary Program not to exceed $30,000.

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

COMMITTEES ON BUDGET AND APPROPRIATIONS & TECHNOLOGY: Bond Act: (BOND) ACT 181-2005: Bond Act authorizing the issuance of $230,000 in bonds to finance the cost of acquisition and installation of GIS computer equipment (BIT09).

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

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

NAY: None.

COMMITTEES ON BUDGET AND APPROPRIATIONS & HOUSING: South Waverly Street Affordable Housing Project - IMA: ACT 182-2005: Act authorizing the County to enter into an IMA with the City of Yonkers for the provision of funds to purchase and develop public infrastructure improvements associated with the South Waverly Street Affordable Housing Project.

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

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

NAY: None.

COMMITTEES ON BUDGET AND APPROPRIATIONS & HOUSING: South Waverly Street Affordable Housing Project - IMA: (BOND) ACT 183-2005: Bond Act authorizing the issuance of $385,000 in bonds to finance the cost of infrastructure improvements related to the South Waverly Street Affordable Housing Project.

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

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

NAY: None.

COMMITTEE ON BUDGET & APPROPRIATIONS: Retention of Counsel: ACT 184-2005: Act authorizing the County to retain counsel in the lawsuit entitled DiBattista v. Westchester et. al.

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

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

NAY: None.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PARKS & RECREATION: Bond Act: (BOND) ACT 185-2005: Bond Act authorizing the issuance of $160,000 in bonds to finance the design of a portion of the Westchester River Walk/Greenway in the Village of Tarrytown (BLA01).

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

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

NAY: None.

COMMITTEES ON BUDGET & APPROPRIATIONS AND PUBLIC SAFETY AND CRIMINAL JUSTICE: IMA: ACT 186-2005: Act authorizing the County to enter into IMA’s with municipalities in Westchester and surrounding counties and their municipalities, whereby the County will provide access to the Westchester County Repository for Integrated Criminalistic Information (RICI) System.

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

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

NAY: None.

COMMITTEES ON BUDGET & APPROPRIATIONS AND PUBLIC SAFETY AND CRIMINAL JUSTICE: IMA: ACT 187-2005: Act authorizing the County to enter into IMA’s with municipal emergency response agencies within the County whereby the County will provide radio and related equipment for purposes of maintaining communications between the County and the emergency services community.

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

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

NAY: None.

COMMITTEES ON BUDGET & APPROPRIATIONS AND ENERGY AND ECONOMIC DEVELOPMENT: Tourist Promotion Agency: RES 159-2005: Resolution designating the County Office of Tourism as the “Tourist Promotion Agency” for Westchester County.

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

COMMITTEES ON BUDGET & APPROPRIATIONS AND HOUSING: Bond Act: (BOND) ACT 188-2005: Bond Act authorizing the issuance of $500,000 in bonds to finance Infrastructure Improvements to County Shelter Facilities (BSS10).

The following item was laid “over” under the Rules by Mr. Young.

COMMITTEE ON BUDGET & APPROPRIATIONS: 2005/2006 Operating and Capital Budgets for Westchester Community College: ACT 174-2005: Amended Act adopting the Westchester County Community College Budget for 2005/2006 and making appropriations for the operation of Westchester Community College.

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

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

NAY: None.

COMMITTEES ON LEGISLATION & ENERGY AND ECONOMIC DEVELOPMENT: Waiver of Parking Fees: RES 128-2005: Setting a Public Hearing on a proposed Local Law in relation to the waiver of parking fees on certain County owned property. [Public Hearing set for September 12, 2005; at 7:30 p.m; LOCAL LAW INTRO 17-2005.]

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: African American Advisory Board Reappointment: RES 160-2005: Resolution confirming the reappointment of Barbara Edwards to the County African American Advisory Board.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: County Parks, Recreation and Conservation Board Reappointment: RES 161-2005: Resolution confirming the reappointment of Gussie Sanzillo to the County Parks, Recreation and Conservation Board.

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

Memorial Resolutions: RES 162-2005:

All Legislators: John S. Griswold, Elizabeth A. Branca.
Mrs. LaMotte: John J. McNeece.
Mr. Pinto: Margaret McNamee, Robert Sacchi, Ross Schnitzer, Jean A. Delnero Cunningham.
Mr. Kaplowitz: Eleanor Waechter, Amalia Yarrobino.
Mrs. Spreckman & Mrs. Stewart-Cousins: Winifred Couzzo Popovics, Edward A. Novak, Charlie 'Chucky Bubbles' Prota
Mrs. Spreckman: , Maurice 'Bud' Larkin.
Mrs. Bronz: Jean C. Fink, Christopher Cook.
Mr. Maisano: Michael Terlizzi, Gaspar (Ernie) Guttadoro, Angelo DiMattia, Angelina Trotta.
Mr. Oros: & Mr. Ryan: George Surack.
Mr. Oros, Mr. Ryan & Mr. Abinanti: Benjamin Hirsch.
Mr. Abinanti & Mr. Wishnie: Charles Murray.
Mr. Maisano & Ms. Myers: Jane Payne.
Ms. Stewart Cousins: Prof. Stuart Ross, Roosevelt Baker.
Mr. Young: Curtis Mills, Rev. Jackson.
Mr. Wishnie: Marsha Lubell.
Mr. Wishnie & All Legislators: Jon-Kely Cassara.
Mr. Abinanti & All Legislators: Elijaha Santana, David Maldonado, Jr.

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.