MINUTES
COUNTY BOARD OF LEGISLATORS

 

OCTOBER 11, 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, Stewart-Cousins, Chair – 15.

Absent: Legislators: Spreckman, Wishnie – 2.

Motion – Approval of Minutes. Mr. Young moved that the minutes of September 26, 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: COMMITTEE ON BUDGET AND APPROPRIATIONS: Real Property Tax Exemption: LOCAL LAW INTRO 18-2005: Local Law to provide qualifying veterans with the greatest real property tax exemption authorized by State Law.

There were 2 speakers.

No other person wishing to be heard, Mr. Young declared the Public Hearing closed.
PUBLIC HEARING: COMMITTEES ON LEGISLATION AND TRANSPORTATION: Lease Agreement – County Airport: LOCAL LAW INTRO 19-2005: Local Law authorizing the County to enter into a lease agreement with Piedmont Aviation for space at the County Airport.

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.

UNFINISHED BUSINESS: COMMITTEES ON THE ENVIRONMENT AND LEGISLATION: Diesel Vehicle Idling Times: LOCAL LAW INTRO 20-2005: Local Law with respect to idling times of diesel powered vehicles.

On the motion of Mr. Abinanti the following item was recommitted to the Committee on Environment.
COMMUNICATION: COUNTY EXECUTIVE: IMA: Act authorizing the County to enter into an IMA with the Village of Rye Brook for Long Island Sound water quality 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: IMA: Act authorizing the County to renew an IMA with NYC DEP regarding subsurface sewage treatment systems located in the portion of the NYC watershed and situated in Westchester County 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: Reappointment: Resolution reappointing Marilyn Price 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: IMA: Act authorizing the County to enter into an IMA with the Town of Yorktown for the design and construction of two ball fields and related improvements was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Parks.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $1,585,000 in County bonds to finance Parkland Acquisition/Westchester Legacy Program (BLA01) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Parks.

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 and the Committee on Parks.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $3, 245,000 in County bonds to finance Pines Bridge and Ryder Roads (RB077) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Parks.

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 and the Committee on Parks.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $530,000 in County bonds to finance Underhill Avenue (RB112) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Parks.

COMMUNICATION: COUNTY EXECUTIVE: Parkland Dedication: Act to rename Liberty Green Park in New Rochelle to be “Ossie Davis Park” was on motion of Mr. Young received, filed and referred to the Committee on Parks.

COMMUNICATION: HONS. LOIS BRONZ AND JUDY MYERS: New Hope for Tomorrow: Information on the New Hope for Tomorrow housing initiative and County homeless issues was on motion of Mr. Young received, filed and referred to the Committee on Housing.

COMMUNICATION: HON. LOIS BRONZ: SCRIE Amendments: Technical notes from the NYC Independent Budget Office regarding the expansion of the SCRIE Program was on motion of Mr. Young received, filed and referred to the Committee on Housing.

COMMUNICATION: HON. LOIS BRONZ: Constituent Recognition: Recognition of Joel Sachs as one of the top environmental attorneys in New York State was on motion of Mr. Young received, filed and referred to the Committee on Environment.

COMMUNICATION: HON. LOIS BRONZ: Optical Scanning Voting Machines: Constituent correspondence in support of optical scanning voting machines was on motion of Mr. Young received, filed and referred to the Committee on Community Affairs and the Committee on Technology.

COMMUNICATION: HON TOM ABINANTI: NACo Large Urban Caucus: Report of the recent NACo Large Urban County Caucus was on motion of Mr. Young received, filed and referred to the Committee on Legislation and the Committee on Intergovernmental Relations.

COMMUNICATION: HON. ROBERT ASTORINO: Sewer District Modification: Request from the Town of Mount Pleasant for the removal of one parcel from the Saw Mill Sewer District (27 Hillside Avenue) 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. GORDON BURROWS: Changes to Budget Calendar: Memorandum offering proposed changes to the Budget Calendar was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Legislation.

COMMUNICATION: HON. URSULA LAMOTTE: Fuel Costs: Correspondence from the CE to the Town of Pound Ridge Supervisor regarding the recent rise in fuel costs in New York and elimination of the County sales tax on home fuel was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Energy.

COMMUNICATION: HON. TOM ABINANTI: Identity Theft: Press article on the growing problem of identity theft was on motion of Mr. Young received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Indian Point: Resolution from the Village of Upper Nyack opposing the re-licensing of Indian Point was on motion of Mr. Young received, filed and referred to the Committee on Environment and the Committee on Energy.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Indian Point: Resolution from the Town of Yorktown opposing the re-licensing of Indian Point was on motion of Mr. Young received, filed and referred to the Committee on Environment and the Committee on Energy.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Energy Conservation: Resolution calling upon the NYS Public Service Commission to permit County residents to obtain a “smart meter” to lower electric bills and increase energy efficiency was on motion of Mr. Young received, filed and referred to the Committee on Energy, the Committee on Budget and Appropriations and the Committee on Environment.

COMMUNICATION: HON. JOSE ALVARADO: Avian Flu: Fact Sheet from the Wildlife Conservation Society on Avian Flu and measures to prevent a possible worldwide flu pandemic was on motion of Mr. Young received, filed and referred to the Committee on Community Affairs and the Committee on Health.

COMMUNICATION: HON. TOM ABINANTI: Solid Waste Transfer Station: Correspondence from Senator Hillary Clinton to the Surface Transportation Board opposing federal preemption of local environmental and zoning regulations in the Village of Croton-on-Hudson was on motion of Mr. Young received, filed and referred to the Committee on Solid Waste and Recyclables.

COMMUNICATION: HON. TOM ABINANTI: Living Wage Law: Correspondence from Legislator Abinanti to the Committee on Health regarding compliance with the County Living Wage Law was on motion of Mr. Young received, filed and referred to the Committee on Health.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Real Property Tax Exemption: LOCAL LAW INTRO 18-2005: Local Law to provide qualifying veterans with the greatest real property tax exemption authorized by State Law.

Mr. Kaplowitz 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, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Stewart-Cousins, Chair – 15.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS: 2006 County Budget: RES 188-2005: Setting a Public Hearing on the proposed 2006 Westchester County Budget [Public Hearing set for December 7, 2005; at 7:00 p.m.]

Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON BUDGET AND APPROPRIATIONS: 2006 County Budget: RES 189-2005: Adopting certain rules for the conduct of the public hearing concerning the proposed 2006 County Budget.

Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON BUDGET AND APPROPRIATIONS: 2006 County Budget: RES 190-2005: Suspending Rules 9 and 11 of the Board of Legislators solely and exclusively with regard to the 2006 proposed Westchester County Budget.

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

COMMITTEE ON BUDGET AND APPROPRIATIONS: Sewer District Modification: RES 191-2005: Setting a Public Hearing on a proposed Act to modify the Peekskill Sanitary Sewer District by the addition of 4 parcels in the Town of Cortlandt. [Public Hearing set for October 24, 2005; at 7:30 p.m.; ACT 210-2005.]

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

Mr. Kaplowitz made a motion to reconsider the previous vote, which motion was approved by the following vote:

AYE: Legislators: Young, Abinanti, Alvarado, Bronz, Kaplowitz, Myers, Pinto, Rogowsky, Stewart-Cousins, Chair – 10.

NAY: Legislators: Oros, Astorino, Burrows, LaMotte, Maisano – 5.

On motion of Chairman Ryan the following item was Recommitted.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act: (BOND) ACT 211-2005: Bond Act amending Bond Act 96-2004 to authorize a total of $1,250,000 in bonds to finance partial reconstruction of the Brockway Place Garage in White Plains (B0064).

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, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Stewart-Cousins, Chair – 15.

NAY: None.

COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC SAFETY: Benefits for DA Investigators: RES 192-2005: Resolution providing performance of duty and “heart” provisions for certain criminal investigators employed by the Westchester County District Attorney’s office.

Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC SAFETY: Benefits for DA Investigators: ACT 212-2005: Act adopting a Resolution providing performance of duty and “heart” provisions for certain criminal investigators employed by the Westchester County District Attorney’s office.

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, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Stewart-Cousins, Chair – 15.

NAY: None.

COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC WORKS: Sewer District Modification: Setting a Public Hearing on a proposed Act to modify the Peekskill Sanitary Sewer District by the addition of 1 parcel located in the Town of Yorktown. [Public Hearing set for ________, 2005; at _____.m; ACT 213-2005.]

On motion of Mr. Oros, the following item was placed “over” under the rules.

COMMITTEES ON BUDGET AND APPROPRIATIONS & PARKS AND RECREATION: Bond Act: (BOND) ACT 214-2005: Bond Act amending Bond Act 103-2002 authorizing the issuance of a total $300,000 in County bonds to finance plans for the construction of a new maintenance facility at Croton Point Park (RCP10).

Messrs. Kaplowitz and Alvarado 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, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Stewart-Cousins, Chair – 15.

NAY: None.

COMMITTEES ON BUDGET AND APPROPRIATIONS & PARKS AND RECREATION: Bond Act: (BOND) ACT 215-2005: Bond Act authorizing the issuance of a $590,000 in County bonds to finance enhanced primary and secondary electrical service to Lasdon Park (RLAS1).

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, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Stewart-Cousins, Chair – 15.

NAY: None.

COMMITTEES ON BUDGET AND APPROPRIATIONS & PARKS AND RECREATION: IMA: ACT 216-2005: Act authorizing the County to enter into an intermunicipal agreement with the Village of Scarsdale to license 3.7 acres of parkland to the village for recreational purposes.

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, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Stewart-Cousins, Chair – 15.

NAY: None.

COMMITTEES ON BUDGET AND APPROPRIATIONS, PUBLIC WORKS, HEALTH AND CULTURAL AND ETHNIC DIVERSITY: Sewer District Modification: Setting a Public Hearing on a proposed Act to modify the Blind Brook Sanitary Sewer District by the addition of 18 parcels located in the Town of North Castle. [Public Hearing set for ________, 2005; at _____.m; ACT 217-2005.]

On motion of Mr. Oros, the following item was placed “over” under the rules.

COMMITTEES ON LEGISLATION AND TRANSPORTATION: Lease Agreement – County Airport: LOCAL LAW INTRO 19-2005: Local Law authorizing the County to enter into a lease agreement with Piedmont Aviation for space at the County Airport.

On motion of Mr. Rogowsky the following item was Recommitted to the Committee on Legislation and Transportation.

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: County Planning Board Reappointment: RES 176-2005: Resolution confirming the reappointment of Dwight Douglas to the County Planning Board.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: County Traffic Safety Board Appointment: RES 193-2005: Resolution confirming the appointment of Susan Larkin to the County Traffic Safety Board.

Mr. Pinto presented the following Resolution and moved its adoption, which was declared adopted.
Memorial Resolutions: RES 187-2005:

All Legislators: Hector Marc Hyacinthe, Theresa Amodio.
Mr. Abinanti & All Legislators: Evelyn Chonigman.
Mr. Pinto: Dorothy “Dot” Valentine Richards, Clare Palma.
Mrs. LaMotte: Barbara Ann Clark, Vincent M. McAvey.
Mr. Astorino: Timothy O’Leary.
Mr. Rogowsky: Albert "Deacon" DiLaura.
Mr. Pinto & Mr. Maisano: Rachel Vennochi, Joseph N. Nanna.
Mrs. Bronz: Richard Presser.
Mrs. Bronz & All Legislators: Hal Fitzpatrick.
Mr. Oros: Ann Castner.
Mr. Maisano: Marie Gallucci, Rosa Comunale, Opal Speruzzi, Margaret Scoca.
Mrs. LaMotte & Mr. Kaplowitz: James “Jimmyboy” Arena, III.
Mr. Oros & Mr. Ryan: Jeffrey Kessler.

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.