MINUTES
COUNTY BOARD OF LEGISLATORS


SEPTEMBER 27, 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 August 16, 2004, September 7, 2004, September 20, 2004 (Special Meetings); September 14, 2004 (Regular Meeting) be approved – Carried.

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

The Clerk presented proof of publication of notice of the Public Hearing and read the rules for its conduct.

PUBLIC HEARING: COMMITTEE ON BUDGET & APPROPRIATIONS: Amendment to Lease Agreement: LOCAL LAW INTRO 17-2004: LOCAL LAW authorizing the County of Westchester to amend a lease agreement with Rotterdam Ventures Inc., d/b/a Galesi Enterprises at 145 Huguenot Street, New Rochelle.

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.

COMMUNICATION: COUNTY EXECUTIVE: Appointment: Resolution confirming the appointment of David Klaus as a member of the County Fire 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 James J. Houlihan as a member of the County Parks, Recreation and Conservation 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 Marilyn Keosayian as a member of the County Council for Seniors 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 Joseph Romanowicz as a member of the County Electrical Licensing 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 Albert Wesley as a member of 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: Acceptance of Gift: Acceptance of a $2,000 gift from Dr. Giulio Cavallo to be used by the Westchester County Department of Public Safety’s Canine Unit 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 $150,000 in bonds to finance Tarrytown Forcemain Replacement (SY020) 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: Sewer District Modification: Act modifying the Peekskill Sanitary Sewer District by the addition of 1 parcel located in the Town of Yorktown was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations, Committee on Pubic Works, and the Committee on Cultural and Ethic Diversity.

COMMUNICATION: COUNTY EXECUTIVE: Sewer District Modification: Act modifying the Peekskill Sanitary Sewer District by the addition of 26 parcels located in the Town of Yorktown was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations, Committee on Pubic Works, and the Committee on Cultural and Ethic Diversity.

COMMUNICATION: COUNTY EXECUTIVE: Court Ordered Refunds: Information package on 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: HON. TOM ABINANTI: Indian Point: Information regarding a series of meetings regarding Indian Point emergency preparedness was on motion of Mr. Young received, filed and referred to the Committee on Energy, Committee on Environment and Committee on Public Safety and Criminal Justice .

COMMUNICATION: CITIZEN COMMUNICATION: Women’s Equality Day: Correspondence from the Women’s Equality Day (Reformed) Committee regarding the August 26 Women’s Equality Day Event was on motion of Mr. Young received, filed and referred to the Committee on Rules.

COMMUNICATION: HON. LOIS BRONZ: Affordable Housing Plan: Memorandum from the County Executive regarding an Action Plan to respond to the new Affordable Housing Needs Assessment was laid “OVER” under the Rules by Mr. Young.

COMMUNICATION: HON. URSULA LAMOTTE: Northern Westchester Watershed: Memorandum and report on water contamination in the northern Westchester watershed was on motion of Mr. Young received, filed and referred to the Committee on Environment and the Committee on Budget and Appropriations.

COMMUNICATION: HON. GEORGE LATIMER: Mamaroneck Sewer District: Request to remove parcels located in the Hommocks Road section of the Town of Mamaroneck from the Mamaroneck 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: HON. GEORGE LATIMER: County Property in Rye: Communication to NYSDEC regarding County-owned property in the City of Rye was on motion of Mr. Young received, filed and referred to the Committee on Environment and the Committee on Housing.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Amendment to Lease Agreement: LOCAL LAW INTRO 17-2004: LOCAL LAW authorizing the County of Westchester to amend a lease agreement with Rotterdam Ventures Inc., d/b/a Galesi Enterprises at 145 Huguenot Street, New Rochelle.

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, Kaplowitz, LaMotte, Latimer, Maisano, Mosiello, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON COMMUNITY AFFAIRS: Extension of Benefits for Certain County Employees: ACT 185-2004 Act extending the effective date for an additional 6 months in order to continue certain salary and benefits protection for County officers and employees who are members of the Ready Reserve on active duty.

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, Mosiello, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.
COMMITTEES ON BUDGET AND APPROPRIATIONS, PUBLIC WORKS, AND PARKS AND RECREATION: Bond Act – Lasdon Park: (BOND) ACT 186-2004: Bond Act authorizing the issuance of $315,000 in bonds to finance the cost of surveys and plans for the construction of a new maintenance facility at Lasdon Park (RLAS3).

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, Mosiello, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.
COMMITTEES ON BUDGET & APPROPRIATIONS AND PUBLIC WORKS: WCC Campus Facilities Master Plan: RES 178-2004: Resolution adopting the Final Generic Environmental Impact Statement for the environmental review of the Westchester Community College’s Campus Facilities Master Plan.

Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Compromise of Claim: ACT 187-2004: Act authorizing the County Attorney to compromise the County’s right to be reimbursed for health care benefits expended on behalf of an insured’s recoveries from legal actions.

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, Mosiello, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Compromise of Claim: ACT 188-2004: Act authorizing the County Attorney to compromise the County’s right to be reimbursed for health care benefits expended on behalf of an insured’s recoveries from legal actions.

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, Mosiello, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Lawsuit Settlement: ACT 189-2004: Act authorizing the County to settle the lawsuit of Penny, Paige & Siempalkamp v. Westchester, et al.

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, Abinanti, Alvarado, Bronz, Kaplowitz, Latimer, Mosiello, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 13.

NAY: Legislators: Oros, Astorino, LaMotte, Maisano - 4.
COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: African American Advisory Board Reappointment: RES 179-2004: Resolution confirming the reappointment of Diana Palmer Burruss as a member of 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 180-2004: Resolution confirming the reappointment of Dr. Monica A. Scantlebury as a member of 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 181-2004: Confirming the reappointment of Dr. Melville C. Marshall, Jr. as a member of 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: Hispanic Advisory Board Reappointment: RES 182-2004: Confirming the reappointment of Yolanda Infante as a member of the County Hispanic 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 Appointment: RES 183-2004: Confirming the appointment of Marleni J. Llenin as a member of the County Human Rights Commission.

Mr. Pinto presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Council for Seniors Appointment: RES 184-2004: Confirming the appointment of Goody Sculky as a member of the County Council for Seniors.

Mr. Pinto presented the following Resolution and moved its adoption, which was declared adopted.
MOTIONS, RESOLUTIONS: Motion to remove from the table an Act authorizing the County to acquire an easement across a parcel of property in the City of Mount Vernon in order to maintain a section of a County-owned sewer line.

On motion of Legislator Maisano, seconded by Legislator Pinto, the motion to remove the following item from the Table was carried unanimously.

COMMITTEE ON PUBLIC WORKS: Acquisition of Easement: ACT 173-2004: Act authorizing the County to acquire an easement across a parcel of property in the City of Mount Vernon in order to maintain a section of a County-owned sewer line.

Mr. Young 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, Mosiello, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

Memorial Resolutions: RES 185-2004:

Mr. Mosiello, Mrs. Stewart-Cousins, Mr. Alvarado and All Legislators: John Peter Toneske.
Mrs. Stewart-Cousins: Peter B. Mann.
Mr. Oros and Mr. Ryan: Mary Alice Murphy
Mr. Latimer: Paul Edward Hackett, Jr., Richard Tallevi, Emily Johnson, Rev. Richard Murdoch
Mr. Pinto: Frances Calabro, Mrs. Viola Morrissey, Mauro Contrastano
Mr. Young: Leon Robinson
Mr. Maisano: Pauline LaRusso, Crescenzo Borea, Frank Provenzano

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.