MINUTES
COUNTY BOARD OF LEGISLATORS

JUNE 7, 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 May 24, 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: Plumbing Licensing Law: COMMITTEE ON LEGISLATION: LOCAL LAW INTRO 8-2004: Local Law amending the Plumbing Licensing Law so as to make the administration of licensing examinations consistent with the Electrical Licensing Law.

There were 3 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: Medicaid Cap: COMMITTEE ON LEGISLATION: RES 87-2004: Resolution calling upon New York State to make fundamental structural reforms to the Medicaid program, including capping the local share of Medicaid at 2003 base levels.

On motion of Mr. Rogowsky, the following item was recommitted.

UNFINISHED BUSINESS: Home Rule Request: COMMITTEE ON INTERGOVERNMENTAL RELATIONS: RES 88-2004: Resolution urging passage of Senate Bill S.6666 and Assembly Bill A.10843 in support of making the New York State Local Government Records Management Improvement Fund (LGRMIF) and Cultural Education Fund (CEF) permanent.

On motion of Mr. Young, the following item was recommitted.

COMMUNICATION: COUNTY EXECUTIVE: Affordable Housing: Act authorizing the County to amend and assign an agreement to Kensico Terrace LLC regarding an affordable housing project in White Plains was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and Committee on Housing.

COMMUNICATION: COUNTY EXECUTIVE: Reappointment: Resolution confirming the reappointment of Mel Bolden as a member of 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: Reappointment: Resolution confirming the reappointment of Carol Coggeshall as a member of the County Soil and Water Conservation 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 Paula Lebowitz as a member of the County Soil and Water Conservation Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Legal Retainer: Act amending a retainer agreement with Kaplan Kirsch & Rockwell in connection with the Airport Terminal Capacity Agreement was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and Committee on Transportation.

COMMUNICATION: COUNTY EXECUTIVE: ”Invest in Kids” Program: Act authorizing the County to enter into various IMA’s within the County for the provision of services under the “invest in Kids” Program was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations, Committee on Youth and Committee on Community Affairs.

COMMUNICATION: COUNTY EXECUTIVE: Aviation: Inside County Airport: Local Law codifying the County Terminal Use Procedures applicable to all Airlines providing service at the County Airport was on motion of Mr. Young received, filed and referred to the Committee on Legislation and Committee on Transportation.

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: Oral Health Care Services: Act authorizing the County to enter into an agreement with WCHCC for oral health care services was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and Committee on Health.

COMMUNICATION: COUNTY EXECUTIVE: Colorectal Cancer Screening Services: Act authorizing the County to enter into an agreement with WCHCC for colorectal cancer screening services was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and Committee on Health.

COMMUNICATION: COUNTY EXECUTIVE: Tibbett’s Brook Park: Local Law and related Bond Act authorizing the County to enter into a lease agreement with NYS to lease property adjacent to Tibbetts Brook Park in Yonkers and related Bond Act authorizing the County to issue $7,300,000 in bonds to pay the cost of construction of an athletic field complex was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and Committee on Parks.

COMMUNICATION: COUNTY EXECUTIVE: Acceptance of Grant: Acceptance of a $50,000 grant from the U.S. Department of Health and Human services for creating a Medical reserve Corps in Westchester County was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and Committee on Public Safety and Criminal Justice.

COMMUNICATION: COUNTY EXECUTIVE: County Courthouse: Local Law authorizing the County to execute amendments to the program documents for the County Courthouse reconstruction project and execute a Memorandum of Understanding with the New York State Dormitory Authority was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and Committee on Public Works.

COMMUNICATION: COUNTY ATTORNEY: Commencement of Lawsuit: Act authorizing the County Attorney to commence a legal action against Westchester Rubbish, Inc for recovery of solid waste disposal fees due was on motion of Mr. Young received, filed and referred to the Committee on Budget and Committee on Solid Waste.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Sewer District Modification: Resolution from the Town of Somers requesting the addition of 62.48 acres located in the Town of Somers into the Peekskill Sanitary Sewer District was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and Committee on Public Works.

COMMUNICATION: CONSTITUENT COMMUNICATION: Women’s Right to Know Act: Constituent communication in support of A. 4883/S.141 entitled the “Women’s Right to Know Act” was on motion of Mr. Young received, filed and referred to the Committee on Legislation.

COMMUNICATION: CLERK OF THE BOARD: Depleted Uranium Shipments: Resolution requesting that the US DOT label depleted uranium shipments as “radioactive” to protect emergency responders in case of accident during transport was on motion of Mr. Young received, filed and referred to the Committee on Energy and Committee on Environment.

COMMUNICATION: CLERK OF THE BOARD: Designation of Deputies: Designating Nancy Travers as first Deputy Commissioner in the Department of Social Services was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: HON. URSULA LAMOTTE: Indian Point: Resolution adopted by the Town of Lewisboro opposing the relicensing of Indian Point 2 and 3 was on motion of Mr. Young received, filed and referred to the Committee on Energy and Committee on Environment.

COMMUNICATION: CLERK OF THE BOARD: Indian Point: Resolution adopted by the Village of Hastings-on-Hudson opposing the relicensing of Indian Point 2 and 3 was on motion of Mr. Young received, filed and referred to the Committee on Energy and Committee on Environment.

COMMUNICATION: HON. BILL RYAN: Youth Board: Memorandum from the Chairman regarding an amendment to the Youth Board Charter was on motion of Mr. Young received, filed and referred to the Committee on Youth.

COMMUNICATION: CLERK OF THE BOARD: Personal Information from Voter Roles: Resolution from the Schoharie County Board of Supervisors urging the state legislature to address the possible release of voter information under the Help America Vote Act of 2002 was on motion of Mr. Young received, filed and referred to the Committee on Community Affairs and Committee on Legislation.

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

COMMUNICATION: HON. MARTIN ROGOWSKY: Consolidated Sewer District: Correspondence regarding the establishment of a consolidated sewer district was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and Committee on Public Works.

COMMUNICATION: CITIZEN COMMUNICATION & HON. GEORGE OROS: Hallock’s Mill Wastewater Treatment Plant: Correspondence from the Croton Watershed Clean Water Coalition regarding upgrade of the Hallock’s Mill Wastewater Treatment Plant was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and Committee on Public Works.


COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON THE ENVIRONMENT: Sheldrake River – Environmental: RES 90-2004: Resolution finding no adverse impact on the environment from the adoption of an act accepting a matching grant and related IMA for the purpose of undertaking various projects designed to improve water quality of the Sheldrake River.

Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON THE ENVIRONMENT: Sheldrake River Water Quality Improvement Project: ACT 110-2004: Act authorizing the County to accept a matching grant in the sum of $1,031,500 from NYS Department of State and enter into related IMA’s with the City of New Rochelle and Town of Mamaroneck for the purpose of undertaking various projects designed to improve water quality of the Sheldrake River.

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 AND THE COMMITTEE ON PUBLIC WORKS AND THE COMMITTEE ON PARKS & RECREATION: (BOND) ACT 111-2004: Bond Act authorizing the County to issue $540,000 in bonds to finance the cost of recreational area improvements to the Kensico Dam Plaza (RKD01).

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

NAY: Oros, Maisano, Mosiello, Rogowsky - 4.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC SAFETY AND CRIMINAL JUSTICE: Bond Act – New/Replacement Locking Systems: (BOND) ACT_____-2004: Bond Act authorizing the issuance of $480,000 in bonds to finance the cost of surveys and plans necessary for the replacement of locking systems in County correctional facilities (BCR14).

On motion of Mr. Young, the following item was recommitted.

COMMITTEE ON BUDGET AND APPROPRIATIONS, THE COMMITTEE ON PUBLIC SAFETY AND CRIMINAL JUSTICE AND THE COMMITTEE ON COMMUNITY AFFAIRS: DARE Program: ACT 112-2004: Act authorizing the County to enter into an IMA with the Town of Cortlandt whereby the Department of Public Safety will participate in the Town’s DARE program.

Mr. Wishnie 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, Maisano, Mosiello, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.

Mr. Latimer was not present when the vote was taken.

COMMITTEE ON BUDGET AND APPROPRIATIONS, COMMITTEE ON COMMUNITY AFFAIRS AND COMMITTEE ON PARKS: 9/11 Memorial – Environmental: RES 91-2004: Resolution finding no significant adverse environmental impact on the environment from the construction of a 9/11 Memorial.

Messrs. Kaplowitz and Astorino presented the following Resolution and moved its adoption, which was declared adopted by a vote of 16-0. Mr. Latimer was note present when the vote was taken.

COMMITTEE ON BUDGET AND APPROPRIATIONS, COMMITTEE ON COMMUNITY AFFAIRS AND COMMITTEE ON PARKS: 9/11 Memorial: ACT 113-2004: Act authorizing the County to construct a memorial in remembrance of those County residents who perished in the September 11th terrorist attacks.

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, Maisano, Mosiello, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.

Mr. Latimer was not present when the vote was taken.

COMMITTEE ON BUDGET AND APPROPRIATIONS, COMMITTEE ON COMMUNITY AFFAIRS AND COMMITTEE ON PARKS: 9/11 Memorial - Bond Act: (BOND) Act 114-2004: Bond Act authorizing the issuance of $150,000 in bonds to finance the cost of the County’s share of the cost of construction of a September 11, 2001 Remembrance Memorial at Kensico Dam Plaza (BPL22).

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, Maisano, Mosiello, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.

Mr. Latimer was not present when the vote was taken.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Operating Budget Amendment: ACT 115-2004: Act amending the 2003 County Operating Budget.

Mr. Kaplowitz presented the following report and Act and which was laid “OVER” under the rules by Mr. Oros.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Lawsuit Settlement: ACT 116-2004: Act authorizing the County Attorney to settle the lawsuit of Teahan 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, 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: Legal Retainer: ACT 117-2004: Act authorizing the County to retain Nancy Rose Stormer, P.C. to provide legal counsel with respect to NYS reimbursement for medical assistance recipients.

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 AND THE COMMITTEE ON TRANSPORTATION: Bond Act – Maintenance Vehicles: (BOND) ACT 118-2004: Bond Act authorizing the issuance of $127,000 in bonds to finance the cost of acquisition of maintenance and supervisory vehicles for the Department of Transportation (T016A).

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, Alvarado, Astorino, Bronz, Kaplowitz, LaMotte, Latimer, Maisano, Mosiello, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.

Mr. Abinanti was not present when the vote was taken.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC SAFETY AND CRIMINAL JUSTICE: IMA: ACT 119-2004: Act authorizing the County to enter into an intermunicipal agreement with Westchester municipalities for the reimbursement of funds to prepare for terrorist activities.

Mr. Kaplowitz presented the following report and Act and which was laid “OVER” under the rules by Mr. Oros.

COMMITTEE ON LEGISLATION: Plumbing Licensing Law: LOCAL LAW INTRO 8-2004: Local Law amending the Plumbing Licensing Law so as to make the administration of licensing examinations consistent with the Electrical Licensing 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, Mosiello, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

COMMITTEE ON LEGISLATION: Home Rule Request: RES 92-2004: Resolution approving the making of a Home Rule request urging passage of S. 5385-A/A. 11235-A, regarding the lease of certain County parklands.

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

COMMITTEE ON LEGISLATION: Medicaid Cap: RES 93-2004: Resolution calling upon New York State to make fundamental structural reforms to the Medicaid program, including capping the local share of Medicaid at 2003 base levels.

Mr. Rogowsky presented the following Resolution which was laid “OVER” under the rules by Mr. Maisano.

Memorial Resolutions: RES 94-2004:

All Legislators: President Ronald Reagan
Mr. Rogowsky: Giacinto “Gino” Dalto.
Mr. Astorino: Lecia Briante, Robert Carpenter.
Mrs. Stewart Cousins: Bishop Joel E. Walters.
Mrs. LaMotte: Michael Joseph Materazo, Frank P. Pennachio, Maria Sammarco
Mr. Astorino and Mrs. Bronz: Sal Argento
Mr. Wishnie: Sal Ingrassia, Thomas Rappe
Mr. Pinto: Emma Papa
Mr. Maisano: Joseph Rush, Lorraine Micelli
Mr. Alvarado, Mr. Ryan and Mrs. Bronz: Edith Dickstein
Mr. Young: Laura Davis

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.