MINUTES
COUNTY BOARD OF LEGISLATORS


SEPTEMBER 12, 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, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

Absent: None.

Motion – Approval of Minutes. Mr. Young moved that the minutes of August 8, 2005(Regular Meeting) be approved – Carried.

Mr. Young moved to suspend the regular order of business for the purpose of holding a public hearing.

PUBLIC HEARING: COMMITTEES ON LEGISLATION & ENERGY AND ECONOMIC DEVELOPMENT: Waiver of Parking Fees: LOCAL LAW INTRO 17-2005: Local Law in relation to the waiver of parking fees on certain County owned property.

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.

UNFINISHED BUSINESS: 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.

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

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

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, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

UNFINISHED BUSINESS: 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).

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, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

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: Bond Act: Bond Act authorizing the issuance of $750,000 in bonds to finance Dewatering Equipment, Yonkers Joint Treatment Plant (SY021) 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 Emergency Generator Replacement, Yonkers Joint Treatment Plant (SY014) 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 Additional Water Service, Yonkers Joint Treatment Plant (SY016) 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: Continuation of Benefits: Act extending for an additional six months certain County salary and benefits protection for County officers and employees who are members of the Ready Reserve 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: COUNTY EXECUTIVE: Real Property Tax Exemption for Veterans: Local Law providing qualifying veterans with a real property tax exemption as authorized by NYS Real Property Tax Law was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Grant Acceptance: Act authorizing the County to accept grant funds from the federal government under its Housing Opportunities for Persons with AIDS program was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Housing.

COMMUNICATION: COUNTY EXECUTIVE: IMA: Act authorizing the County to enter into an IMA with various municipalities to administer services for their local residents affected with HIV/AIDS was on motion of Mr. Young received, filed and referred to the Committee on Housing, the Committee on Budget and Appropriations and the Committee on Health.

COMMUNICATION: COUNTY EXECUTIVE: Appointment: Confirming the appointment of Sorraya Sampson 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: Appointment: Confirming the appointment of Chief Christian Menzel to the County Traffic Safety Board was on motion of Mr. Young received, filed and referred to the Committee on Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Appointment: Confirming the appointment of Olivia King to the County Human Rights Commission was on motion of Mr. Young received, filed and referred to the Committee on Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Appointment: Confirming the appointment of Zoila Tazi to the County Hispanic 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: Bond Act: Bond Act authorizing the issuance of $750,000 in bonds to finance sewer system Flow Monitoring Phases II and III (SW070) 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: Terminal Use Procedures: Local Law clarifying the scope of the Westchester County Terminal Use Procedures was on motion of Mr. Young received, filed and referred to the Committee on Legislation, the Committee on Environment and the Committee on Transportation.

COMMUNICATION: COUNTY EXECUTIVE: Lease Agreement: Local Law authorizing the County to enter into a lease agreement with Piedmont Hawthorne Aviation for space at the County Airport was on motion of Mr. Young received, filed and referred to the Committee on Legislation and the Committee on Transportation.

COMMUNICATION: COUNTY EXECUTIVE: IMA: Act authorizing the County to extend an IMA with the City of Mount Vernon for the implementation of a juvenile violent crime reduction program 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: Fulton Park Flooding: Copy of correspondence sent to the CE regarding flooding in the Fulton Park neighborhood area in White Plains was on motion of Mr. Young received, filed and referred to the Committee on Environment.

COMMUNICATION: HON. TOM ABINANTI: County Homeless Shelter: Constituent correspondence opposing moving the County Homeless Shelter from its present location to the Valhalla Campus was on motion of Mr. Young received, filed and referred to the Committee on Housing, the Committee on Public Safety and Criminal Justice and the Committee on Community Affairs.

COMMUNICATION: HONS. WILLIAM J. RYAN, TOM ABINANTI & URSULA LAMOTTE: Peach Lake Sewer District: Correspondence from the Town of North Salem Supervisor urging the County to appropriate $5.5 million related to a Peach Lake Sewer District was on motion of Mr. Young received, filed and referred to the Committee on Environment and the Committee on Budget and Appropriations.

COMMUNICATION: HON. MARTIN ROGOWSKY: County Homeless Shelter: Resolution from the Village of Port Chester urging the immediate closure of the County Airport Shelter and “Drop-In” Center was on motion of Mr. Young received, filed and referred to the Committee on Housing, the Committee on Public Safety and Criminal Justice and the Committee on Community Affairs.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Indian Point: Resolution from the Borough of Alpine, NJ opposing the relicensing of Indian Point 2 and 3 was on motion of Mr. Young received, filed and referred to the Committee on Environment and the Committee Energy.

COMMUNICATION: HON. TOM ABINANTI: Amodio’s Garden Center: Correspondence and petitions regarding the operation of Amodio’s Garden Center in White Plains and compliance with the County Solid Waste and Recycling Law was on motion of Mr. Young received, filed and referred to the Committee on Solid Waste and Recyclables.

COMMUNICATION: HON. WILLIAM J. RYAN: Fatality Report: Report from the NYS Office of Family & Children Services regarding the death of a County child 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: COUNTY ATTORNEY: Lawsuit Settlement: Act authorizing that the County settle the lawsuit of Tracey v. Westchester was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. LOIS BRONZ: Ossining Housing: Constituent communication regarding the lack of affordable housing in Ossining was on motion of Mr. Young received, filed and referred to the Committee on Housing.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: AMT: Press release from Congresswoman Lowey regarding her efforts to reform the Alternative Minimum Tax was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. MARTIN ROGOWSKY: Rental Horse Licensing Law: Draft County rental horse licensing law was on motion of Mr. Young received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. ROBERT ASTORINO: Playland Safety Recommendations: Memorandum to the Committee on Parks regarding Playland safety issues and recommendations was on motion of Mr. Young received, filed and referred to the Committee on Parks and the Committee on Public Safety and Criminal Justice.

COMMUNICATION: HON. MARTIN ROGOWSKY: Proposed Amendments to the County Human Rights Law: Correspondence from the CE to Legislator Rogowsky regarding proposed amendments to the Human Rights Law regarding victims of domestic violence, stalking and sexual abuse was on motion of Mr. Young received, filed and referred to the Committee on Housing, the Committee on Legislation and the Committee on Public Safety and Criminal Justice.

COMMUNICATION: HON. TOM ABINANTI: NACo Appointment: Appointment of Legislator Abinanti to the NACo Steering Committee of the Large Urban County Caucus was on motion of Mr. Young received, filed and referred to the Committee on Committee on County Officers and Departments.

COMMUNICATION: HON. JAMES MAISANO: 911 Safety: Correspondence from Legislator Maisano to the Commissioner of Public Safety regarding problems with 911 service in New Rochelle was on motion of Mr. Young received, filed and referred to the Committee on Public Safety and Criminal Justice.

COMMUNICATION: HON. GEORGE OROS: Civil Commitment Legislation: Resolution from the City of Peekskill urging the State Legislature to pass a civil commitment law 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. GEORGE OROS: Inhalant/Dust Off Legislation: Memorandum to the Committee on Legislation requesting that the County Attorney draft legislation that would prohibit the sale of aerosol dusters was on motion of Mr. Young received, filed and referred to the Committee on Public Safety and Criminal Justice, the Committee on Health and the Committee on Legislation.

COMMUNICATION: HON. JUDY MYERS: Street Improvements: Memorandum to the Chairman requesting that a blinking traffic light be installed on Palmer Avenue in the Village of Mamaroneck was on motion of Mr. Young received, filed and referred to the Committee on Public Works.

COMMUNICATION: HON. JOSE ALVARADO: Choking Hazards: Letter from Legislator Alvarado urging that warning labels be attached to hard candies that could be a choking hazard to children was on motion of Mr. Young received, filed and referred to the Committee on Community Affairs and the Committee on Public safety and Criminal Justice.

COMMUNICATION: HON. BERNICE SPRECKMAN: Rising Oil Prices: Resolution urging the NYS Legislature to cap the state sales tax on gasoline and home heating oil was on motion of Mr. Young received, filed and referred to the Committee on Legislation and the Committee on Energy.

COMMUNICATION: CLERK OF THE BOARD: School Funding: Resolution from the Orange County Legislature requesting that the state adopt an alternative method for funding public education in New York State was on motion of Mr. Young received, filed and referred to the Committee on Legislation and the Committee on Education.

COMMUNICATION: CLERK OF THE BOARD: Rising Oil Prices: Resolution from the Orange County Legislature urging the NYS Legislature to cap the state sales tax on gasoline and home heating oil was on motion of Mr. Young received, filed and referred to the Committee on Legislation and the Committee on Energy.

COMMUNICATION: HON. LOIS BRONZ: Civil Commitment Legislation: Resolution from the Village of Tarrytown urging the state legislature to pass a civil commitment law 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. ANDREA STEWART-COUSINS: Hurricane Katrina Relief Registry: Memorandum calling for the establishment of a Hurricane Katrina relief registry was on motion of Mr. Young received, filed and referred to the Committee on Public Safety and Criminal Justice and the Committee on Health.

COMMITTEE ON BUDGET & APPROPRIATIONS: Property Conveyance – Environmental: RES 165-2005: Resolution finding no significant impact on the environment from the conveyance of County-owned surplus property.

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

COMMITTEE ON BUDGET & APPROPRIATIONS: Property Conveyance: ACT 193-2005: Act authorizing the conveyance of certain County-owned Putnam Right-of-Way surplus parcels to various purchasers.

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, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

COMMITTEE ON BUDGET & APPROPRIATIONS: Property Conveyance – Environmental: RES 166-2005: Resolution finding no significant impact on the environment from the conveyance of County-owned residual property.

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

COMMITTEE ON BUDGET & APPROPRIATIONS: Property Conveyance: ACT 194-2005: Act authorizing the conveyance of certain County-owned residual parcels to various purchasers.

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, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

COMMITTEE ON BUDGET & APPROPRIATIONS: Property Conveyance – Environmental: RES 167-2005: Resolution finding no significant impact on the environment from the conveyance of County-owned parcels.

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

COMMITTEE ON BUDGET & APPROPRIATIONS: Property Conveyance: ACT 195-2005: Act authorizing the conveyance of certain County-owned parcels deemed surplus properties.

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, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PARKS: Bond Act: (BOND) ACT 196-2005: Bond Act authorizing the issuance of $500,000 in County bonds to finance the County Fire Suppression System (RP033).

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, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PARKS: Bond Act: (BOND) ACT 197-2005: Bond Act authorizing the issuance of $400,000 in County bonds to finance the Ward Pound Ridge Landfill Closure Infrastructure (RWPR2).

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, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

COMMITTEE ON BUDGET & APPROPRIATIONS: WCHCC: ACT 191-2005: Act amending the 2005 County Operating Budget.

The following item was laid “over” under the Rules by Mrs. LaMotte.

COMMITTEE ON BUDGET & APPROPRIATIONS: WCHCC: ACT 192-2005: Act authorizing the County to enter into an agreement with WCHCC whereby the County will give approximately $57,000,000 to WCHCC.

The following item was laid “over” under the Rules by Mrs. LaMotte.

COMMITTEES ON LEGISLATION & ENERGY AND ECONOMIC DEVELOPMENT: Waiver of Parking Fees: LOCAL LAW INTRO 17-2005: Local Law in relation to the waiver of parking fees on certain County owned property.

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

COMMITTEES ON LEGISLATION, HOUSING AND PUBLIC SAFETY & CRIMINAL JUSTICE: Discriminatory Housing & Employment Practices against Victims of Domestic Violence: RES 168-2005: Setting a Public Hearing on a proposed Local Law prohibiting discriminatory practices against victims of domestic violence and other abuse. [Public Hearing set for September 26, 2005; at 7:30.m; LOCAL LAW INTRO 16-2005.]

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Traffic Safety Board Appointment: RES 169-2005: Resolution confirming the appointment of Mathew Lombardo to the County Traffic Safety Board.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Soil and Water Conservation Board Appointment: RES 170-2005: Resolution confirming the appointment of Daniel Seidel to the County Soil and Water Conservation Board.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Refuse Disposal District No. 1 Advisory Board Reappointment: RES 171-2005: Resolution confirming the reappointment of Brian Havranek to the County Refuse Disposal District No. 1 Advisory Board.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Transportation Board Reappointment: RES 172-2005: Resolution confirming the reappointment of Thomas Clark to the County Transportation Board.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Airport Advisory Board Reappointment: RES 173-2005: Resolution confirming the reappointment of Timothy Tynan to the County Airport Advisory Board.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Public Utility Service Agency Reappointment: RES 174-2005: Resolution confirming the reappointment of Thomas Geiger to the County Public Utility Service Agency.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: African American Advisory Board Reappointment: RES 175-2005: Resolution confirming the reappointment of Ernest Prince 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: African American Advisory Board Reappointment: RES 176-2005: Resolution confirming the reappointment of Dwight Douglas 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: Human Rights Commission Reappointment: RES 177-2005: Resolution confirming the reappointment of Shelly M. Klein to the County Human Rights Commission.

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


Memorial Resolutions: RES 178-2005:

Mr. Kaplowitz: Raymond Douglas Leavens, Nathan Stoller,
Virginia Jones, Raymond Ballinger, Charles D. Murphy, Maura Colleary, Richard D. "Dick" Heckett, Sr.
Mr. Kaplowitz & Mr. Pinto: Salvatore "Zippy" D'Ambrosio, Sr.
Mrs. Bronz: Dr. Matthew Davidson Branche.
Mrs. Bronz, Mr. Abinanti & Mr. Astorino: Ugo Checchi.
Mrs. Stewart-Cousins: Jacqueline Denise Couch.
Mr. Abinanti: John L. Fallon, Robert Bronnes
All Legislators: Emily Lasser.
Mr. Oros: Frances Seirmarco King, John Vesce, Virginia Ferony.
Mr. Rogowsky: Gladden Bishop Houck, Jr.
Mr. Pinto: Gloria Claire Abate, Giovanni “Poppy” Mancini, Dorothy Pittore, Mary St. George, Robert Sheridan, Joseph Telesco, Sr.
Mr. Pinto & Mr. Young: Elia DeBenedictis.
Mr. Astorino: John J. Morra.
Mrs. Spreckman: Daniel P. Ruggerio.
Mrs. LaMotte: Anna Andretta, H. Lawrence “Larry” Clark, Charles McDonald.
Mr. Maisano: Peter J. Donnelly, Angelo “Tex” Tesoro, Guiseppi Falisi.
Mr. Maisano & All Legislators: Thomas J. O’Toole.
Mr. Wishnie: Robert R. Chapman.
Mr. Alvarado: KaShawn Phillips.

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.