MINUTES
COUNTY BOARD OF LEGISLATORS


OCTOBER 25, 2004 (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, Latimer, Maisano, Mosiello, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

Absent: None.

Motion – Approval of Minutes. Mr. Young moved that the minutes of October 12, 2004 (Regular 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: COMMITTEES ON BUDGET AND APPROPRIATIONS & HEALTH & PUBLIC SAFETY: Regional Emergency Medical Services Mutual Aid Agreement: LOCAL LAW INTRO 18-2004: Proposed Local Law authorizing the County to enter into an agreement with New York City and Suffolk and Nassau Counties for participation in the Regional Medical Services Mutual Aid Agreement.

There were no speakers.

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

UNFINISHED BUSINESS: For-Hire Vehicle Law: COMMITTEE ON LEGISLATION: LOCAL LAW INTRO 13-2004: Local Law amending the definition of a taxicab as set forth in the County For-Hire Vehicle Law.

Mr. Rogowsky 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, Kaplowitz, LaMotte, Latimer, Maisano, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.

NAY: None.

Legislators Mosiello and Stewart-Cousins were not present when the vote was taken.

COMMUNICATION: COUNTY EXECUTIVE: IMA: Act authorizing the County to amend its IMA with NYC to accept a federal grant from the 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 IMAs with various municipalities to administer the 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: Bond Act: Bond Act authorizing the issuance of $3,000,000 in bonds to finance capital project: North Yonkers Pump Station Upgrade (SP02) 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 $429,000 in bonds to finance capital project: WCC Technology Upgrade (WCC73) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations, Committee on Public Works and the Committee on Technology.

COMMUNICATION: COUNTY EXECUTIVE: County Agricultural and Farmland Protection Plan: Resolutions approving the County Agricultural and Farmland Protection Plan was on motion of Mr. Young received, filed and referred to the Committee on Environment.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $85,000 in bonds to finance capital project: WCC Satellite Space and Technology Improvements (WCC71) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations, Committee on Community affairs, and the Committee on Technology.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $132,000 in bonds to finance capital project: Water Quality Improvement Projects (BPL21) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations, Committee on Public Works, and the Committee on Environment.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Bond Act authorizing the issuance of $242,000 in bonds to finance capital project: Stormwater Management – Various County Facilities (BPL23) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations, Committee on Public Works, and the Committee on Environment.

COMMUNICATION: COUNTY EXECUTIVE: IMA: Act authorizing the County to enter into an IMA with the Village of Hastings-on-Hudson regarding the Division Street Affordable Housing Project 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: Bond Act: Bond Act authorizing the issuance of $345,000 in bonds to finance the cost of infrastructure improvements related to the Division Street Affordable Housing Project (BPL01) 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: Property Sale: Act authorizing the County to purchase and convey .62 acres in the Village of Hastings-on-Hudson for affordable housing purposes 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: Bond Act: Bond Act authorizing the issuance of $390,000 in bonds to finance the cost of land acquisition related to the Division Street Affordable Housing Project (BPL10) 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: Claim Settlement: Act authorizing the County to settle the claims of NYS DEC at the County owned 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 Environment.

COMMUNICATION: COUNTY EXECUTIVE: Lease Agreement: Local Law authorizing the County to enter into a lease agreement with Jet Support Systems, d/b/a Aviat 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 $500,000 in bonds to finance the cost of County-wide computer equipment (BIT06) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Technology.

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 ATTORNEY: Commencement of Lawsuit: Act authorizing the County to commence a legal action against Westchester Waste Services Co. for negligence was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Gasoline Pricing: Constituent correspondence and a response from the NYS AG regarding the price of gas in northern Westchester was on motion of Mr. Young received, filed and referred to the Committee on Community Affairs and the Committee on Energy.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Public Utility Transmission Line Facilities: Resolution from the Town of Yorktown requesting an amendment to state law regarding provisions that prohibit municipalities from causing public utility transmission lines to comply with local environmental laws and regulations was on motion of Mr. Young received, filed and referred to the Committee on Legislation and the Committee on Environment.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Gasoline Pricing: Correspondence from the NYS AG regarding the price of gas in northern Westchester was on motion of Mr. Young received, filed and referred to the Committee on Community Affairs and the Committee on Energy.

COMMUNICATION: HON. LOIS BRONZ: Fatality Reports: Report from the NYS Office of Children & Family Services regarding child fatalities in Westchester County was on motion of Mr. Young received, filed and referred to the Committee on Public Safety and Criminal Justice and the Committee on Families.

COMMUNICATION: CLERK OF THE BOARD: WCC Final GEIS: Westchester Community College Final Generic Environmental Impact Statement was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Community Affairs.

COMMITTEES ON BUDGET AND APPROPRIATIONS & HEALTH & PUBLIC SAFETY: Regional Emergency Medical Services Mutual Aid Agreement: LOCAL LAW INTRO 18-2004 (As Amended): Local Law authorizing the County to enter into an agreement with New York City and Suffolk and Nassau Counties for participation in the Regional Medical Services Mutual Aid Agreement.

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, Kaplowitz, LaMotte, Maisano, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 14.

NAY: None.

Legislators Latimer, Mosiello and Stewart-Cousins were not present when the vote was taken.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Commencement of Legal Action: ACT 192-2004: Act authorizing the County to commence a legal action against Leading Edge Interiors for failure to pay rent.

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, Kaplowitz, LaMotte, Latimer, Maisano, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.

NAY: Legislators Mosiello and Stewart-Cousins were not present when the vote was taken.


COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC WORKS: Bond Act: (BOND) ACT 193-2004: Bond Act authorizing the issuance of $2,000,000 in County Bonds for the following capital project: Sewer System Rehabilitation (SY085).

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, Kaplowitz, LaMotte, Latimer, Maisano, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.

NAY: Legislators Mosiello and Stewart-Cousins were not present when the vote was taken.

COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC WORKS: Bond Act: (BOND) ACT 194-2004: Amended Bond Act authorizing the issuance of an additional $2,400,000 in County Bonds for the following capital project: Rehabilitation of Roadway Culverts, Various Locations (RB01H).

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, Kaplowitz, LaMotte, Latimer, Maisano, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.

NAY: Legislators Mosiello and Stewart-Cousins were not present when the vote was taken.

COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC WORKS: Bond Act: (BOND) ACT 195-2004: Bond Act authorizing the issuance of $375,000 in County Bonds for following capital project: New Rochelle Sewer District Pump Station (SNR75).

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, Kaplowitz, LaMotte, Latimer, Maisano, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.

NAY: Legislators Mosiello and Stewart-Cousins were not present when the vote was taken.

COMMITTEES ON BUDGET AND APPROPRIATIONS & PARKS AND RECREATION: Tibbetts Brook Park: RES 192-2004: Setting a Public Hearing on a proposed Local Law authorizing the County to enter into a lease agreement with New York State whereby the County will lease property next to Tibbetts Brook Park in Yonkers in order to construct athletic fields. [Public Hearing set for November 8, 2004; at 7:30 p.m; Local Law Intro 19-2004.]

Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEES ON BUDGET AND APPROPRIATIONS & PARKS AND RECREATION: Columbus Park: ACT 196-2004: Act authorizing the County to enter into an IMA with the Village of Port Chester whereby the County will lease Columbus Park from the Village and contribute funds toward the design of a ball field.

Messrs. Kaplowitz and Astorino 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, Kaplowitz, LaMotte, Latimer, Maisano, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.

NAY: Legislators Mosiello and Stewart-Cousins were not present when the vote was taken.

COMMITTEES ON BUDGET AND APPROPRIATIONS & PARKS AND RECREATION: Columbus Park – Bond Act: (BOND) ACT 197-2004: Bond Act authorizing the issuance of $2,000,000 in bonds to finance the cost of construction of athletic fields at Columbus Park (BLA01).

Messrs. Kaplowitz and Astorino 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, Kaplowitz, LaMotte, Latimer, Maisano, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.

NAY: Legislators Mosiello and Stewart-Cousins were not present when the vote was taken.

COMMITTEES ON BUDGET AND APPROPRIATIONS & PARKS AND RECREATION: Maple Avenue Playground: ACT 198-2004: Act authorizing the County to enter into an IMA with the Town of Cortlandt whereby the Town shall operate and maintain approximately 2.5 acres of County parkland for municipal recreation 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, Kaplowitz, LaMotte, Latimer, Maisano, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.

NAY: Legislators Mosiello and Stewart-Cousins were not present when the vote was taken.

COMMITTEE ON BUDGET AND APPROPRIATIONS: 2005 County Budget: RES 193-2004: Setting a Public Hearing on the proposed 2005 Westchester County Budget [Public Hearing set for December 9, 2004; at 7 p.m.]

Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON BUDGET AND APPROPRIATIONS: 2005 County Budget: RES 194-2004: Adopting certain rules for the conduct of the public hearing concerning the proposed 2005 County Budget.

Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON BUDGET AND APPROPRIATIONS: 2005 County Budget: RES 195-2004: Suspending Rules 9 and 11 of the Board of Legislators solely and exclusively with regard to the 2005 proposed Westchester County Budget.

Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act – Environmental: RES 196-2004: Resolution finding no significant impact on the environment from the expansion of the Forensic Science Laboratories to provide additional space for regulatory compliance.

Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act – Forensic Science Laboratories: (BOND) ACT 199-2004: Amended Bond Act authorizing the issuance of a total of $8,885,000 in Bonds for the following project: Forensic Addition – DNA (BLR04).

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, Kaplowitz, LaMotte, Latimer, Maisano, Pinto, Rogowsky, Spreckman, Wishnie, Chair – 15.

NAY: Legislators Mosiello and Stewart-Cousins were not present when the vote was taken.

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Fire Advisory Board Appointment: RES 197-2004: Confirming the appointment of David P. Klaus as a member of the County Fire Advisory Board.

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

Memorial Resolutions: RES 198-2004:

Mr. Latimer: Harold W. Larocco.
Mr. Oros: Edwin Pisani, Otto Goethius, William E. Dwyer.
Mr. Ryan: Vincenzo Critelli.
Mr. Kaplowitz: Verna Allen Cole, Carol O’Connor Reis, Evelyn C. Cain.
Mr. Kaplowitz and Mrs. LaMotte: Anthony James Pastena
Mrs. Spreckman: Edith Tarbes Gellert, Raymond Swatko, Rose Tascione, Eric J. Timan.
Mr. Mosiello: Jennie Chiaverini.
Mrs. LaMotte: Maria Nemessanyi, Vincent Carelli, Eleanor H. Holer, Marian R. North, Grace Quagliano, Irving A. Siebrecht, Jr.
Mr. Wishnie: Henry Angelillo, Louise K. Anderson.
Mr. Wishnie and Mr. Kaplowitz: Lillian Gold.
Mr. Pinto: Lucian Conte, Anthony Fiorito, Grace Moccio and Dorothy Fagnani.
Mr. Maisano: Rosemary Delores Lavacca, Joseph Carafa, Patricia M. Tewes
All Legislators: Ernest Jerome Quarles, Sr.
Mr. Abinanti and Mrs. Bronz: Warren Gardner.
Mr. Maisano: Linda E. Feinne-Roth, Generoso “Gus” Accursio, Joan Ann Ruddy Carberry, Mary Eileen Hammill Shaw, Jack D. Smith.

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.