MINUTES
SPECIAL MEETING
COUNTY BOARD OF LEGISLATORS

JANUARY 7, 2004 (9:00 A.M.)

 

The CountyBoard 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: Abinanti, Alvarado, Bronz, Kaplowitz, LaMotte, Latimer, Oros, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Young,- Chair – 14.

 

Absent: Legislators: Astorino, Maisano, Mosiello – 3.

 

UNFINISHED BUSINESS: COMMUNICATION: COUNTYEXECUTIVE: Sewer District Modification: Act modifying the Peekskill Sanitary Sewer District by the addition of 62 parcels located in the Town of Cortlandt was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.

 

UNFINISHED BUSINESS: COMMUNICATION: COUNTYEXECUTIVE: Board of Ethics Appointment: Confirming the appointment of Eric DiBartolo as a member of the CountyBoard of Ethics was on motion of Mr. Young received, filed and referred to the Committee on CountyOfficers and Departments.

 

UNFINISHED BUSINESS: COMMUNICATION: COUNTYEXECUTIVE: Housing Opportunity Program: Confirming the appointment of Lawrence Dwyer as a member of the County Housing Opportunity Program was on motion of Mr. Young received, filed and referred to the Committee on CountyOfficers and Departments.

 

UNFINISHED BUSINESS: COMMUNICATION: COUNTYEXECUTIVE: Civil Service Examination Fees: Act amending the uniform schedule of application fees for examination for a position in the competitive or non-competitive class of the civil service was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

 

UNFINISHED BUSINESS: COMMUNICATION: COUNTYEXECUTIVE: Real Property Tax Exemption: Local Law providing a real property tax exemption to volunteer firefighters and volunteer ambulance service members 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.

 

UNFINISHED BUSINESS: COMMUNICATION: COUNTYEXECUTIVE: Driving while Fatigued: Local Law with respect to prohibiting the act of driving while impaired by fatigue was on motion of Mr. Young received, filed and referred to the Committee on Legislation.

 

UNFINISHED BUSINESS: COMMUNICATION: COUNTY EXECUTIVE: Home Improvement Contractor Decal: Local Law requiring that all vehicles operated by home improvement contractors display a decal issued by the Sealer as well as the contractor’s name and address was on motion of Mr. Young received, filed and referred to the Committee on Legislation.

 

UNFINISHED BUSINESS: COMMUNICATION: COUNTYEXECUTIVE: Colorectal Cancer Screening Services: Act authorizing the County to enter into an agreement with WCHCC whereby WCHCC shall provide colorectal cancer screening services for County residents was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

 

UNFINISHED BUSINESS: COMMUNICATION: COUNTYEXECUTIVE: CountyYouth Sports Code of Conduct: Local Law establishing a County Youth Sports Code of Conduct was on motion of Mr. Young received, filed and referred to the Committee on Legislation and the Committee on Community Affairs.

 

UNFINISHED BUSINESS: COMMUNICATION: COUNTYEXECUTIVE: Animal Welfare: Local Law amending CountyLaw with respect to criminalizing the act of endangering the welfare of an animal was on motion of Mr. Young received, filed and referred to the Committee on Legislation and the Committee on Public Safety and Criminal Justice.

 

UNFINISHED BUSINESS: COMMUNICATION: COUNTYEXECUTIVE: Hangar Sublease: Local Law authorizing the County to amend a lease agreement with Interlaken Capital Aviation for County-owned property at the CountyAirportwas on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.

 

UNFINISHED BUSINESS: COMMUNICATION: COUNTYEXECUTIVE: Sale of Nicotine-Laced Water to Minors: Local Law restricting the sale of nicotine-laced water to minors was on motion of Mr. Young received, filed and referred to the Committee on Legislation and the Committee on Public Safety and Criminal Justice.

 

UNFINISHED BUSINESS: COMMUNICATION: COUNTY EXECUTIVE: Taxter Ridge: Act and Bond Act authorizing the County to acquire an interest in the Taxter Ridge property and to issue bonds in the amount of $4,000,000 to finance the cost of acquisition of the property, respectively was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Parks.

 

UNFINISHED BUSINESS: COMMUNICATION: COUNTYEXECUTIVE: 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.

 

UNFINISHED BUSINESS: COMMUNICATION: COUNTYEXECUTIVE: Regulation of Income Tax Providers: Local Law with respect to the control and regulation of income tax preparers was on motion of Mr. Young received, filed and referred to the Committee on Legislation.

 

UNFINISHED BUSINESS: COMMUNICATION: HON. MICHAEL KAPLOWITZ: State Law Regarding Agricultural Districts: Correspondence from the CountyAgricultural and Farmland Protection Board regarding a request for an amendment to the NYS Agriculture and Markets law was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Environment.

 

UNFINISHED BUSINESS: COMMUNICATION: HON. MICHAEL KAPLOWITZ: Property Tax Exemption for Volunteer Firemen: Correspondence from the New Castle Board of Fire Commissioners regarding a real property tax exemption for volunteer firemen 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.

 

UNFINISHED BUSINESS: COMMUNICATION: CLERK OF THE BOARD: Manhattan Express Bus: Constituent correspondence in support of the Manhattan Express Bus/2004 County Budget was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

 

UNFINISHED BUSINESS: COMMUNICATION: CLERK OF THE BOARD: Manhattan Express Bus: Correspondence from the Greenburgh Town Supervisor in support of the Manhattan Express Bus/2004 County Budget was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

 

UNFINISHED BUSINESS: COMMUNICATION: CLERK OF THE BOARD: CountySales Tax: Correspondence from the GreenburghCentralSchool District regarding the proposed increase in the County sales tax was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

 

UNFINISHED BUSINESS: COMMUNICATION: HON. GEORGE LATIMER: 2004 Labor Committee Items: Memorandum from the outgoing chair of the Labor Committee regarding unfinished items of business was on motion of Mr. Young received, filed and referred to the Committee on Labor.

 

UNFINISHED BUSINESS: COMMUNICATION: HON. GEORGE LATIMER: Tappan Zee Bridge/I-287: Forwarding a copy of the Tappan Zee Bridge/I-287 Environmental Review newsletter was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

 

UNFINISHED BUSINESS: COMMUNICATION: HON. GEORGE LATIMER: Read Sanctuary: Forwarding correspondence from the Friends of Read Wildlife Sanctuary, Inc. regarding sanctuary access was on motion of Mr. Young received, filed and referred to the Committee on Parks.

 

UNFINISHED BUSINESS: COMMUNICATION: HON. TOM ABINANTI: Taxter Ridge: Act authorizing the County to participate in the purchase of the 200-acre Taxter Ridge open space parcel in northern Greenburgh was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Parks.

 

UNFINISHED BUSINESS: COMMUNICATION: HON. TOM ABINANTI: ID Theft: Proposed Local Law restricting the use of Social Security numbers was on motion of Mr. Young received, filed and referred to the Committee on Legislation.

 

UNFINISHED BUSINESS: COMMUNICATION: HON. ANDREA STEWART-COUSINS: Yonkers Paddling and Rowing Club:

Constituent correspondence in support of the Yonkers Paddling and Rowing Club was on motion of Mr. Young received, filed and referred to the Committee on Parks and the Committee on Community Affairs.

 

UNFINISHED BUSINESS: MINUTES: December 19, 2003 (Special Meeting). Mr. Young moved that the minutes of December 19, 2003 (Special Meeting) be approved – Carried.

 

UNFINISHED BUSINESS: MEMORIAL RESOLUTIONS: RES 1-2004:

Mr. Pinto: Death of David A. Utchel, William F. O’Toole, Irene “Pat” Cirrincione, John D. Vernazza, Victoria Chiudina, Mary Cooney Derubba, Rosina Labriola, Edward C. Lutz, Albert Pucci, Mrs. Gizzo.

Mr. Pinto and Mr. Mosiello: Death of Salvatore Bottone.

Mr. Mosiello: Death of Jack Antonaccio, Jr.

Mrs. LaMotte: Death of Armand Arthur “Red” Brugger, Jr., John Andrews Swolfs. Elizabeth M. Fagan, Murray Z. Safian, PhD.

Mrs. Stewart-Cousins: Death of Carol Messar, Lancie Hogue.

Mr. Latimer: Death of Edward Cuddy, Jr., Robert Christie Slingerland.

Mr. Maisano and Mr. Latimer: Death of Francis “Frank” Claps, Jr.

Mr. Maisano and All Republicans: Death of Bryan Eccleston.

Mr. Young and Mr. Latimer: Death of Mercedes B. Acunto.

Mr. Young: Death of John Anthony Gnerre.

Mr. Wishnie and All Legislators: Death of Robert Slyvester.

Mr. Rogowsky: Death of Concetta “Connie” Desio, John Selvaggio.

Mrs. Bronz: Death of Archie Williams.

Mrs. Bronz and Mr. Abinanti: Death of Willie Blassingame, Billy Scott.

Messrs. Latimer, Abinanti, and Maisano: Death of Jim Nicholson.

Messrs. Latimer, Abinanti, Wishnie, Kaplowitz, and Ryan: Death of Joe Rifkin.

 

SPECIAL ORDER: CHAIR OF THE BOARD: 2004 Contingency Budget: RES 2-2004: Resolution authorizing a contingency plan to be implemented by WestchesterCounty should the New York State Legislature fail to pass legislation providing alternate revenue sources for WestchesterCounty.

 

Mr. Young presented the following Resolution and moved its adoption, which was declared adopted by the following vote:

 

AYE: Legislators: Young, Abinanti, Alvarado, Bronz, Latimer, Pinto, Stewart-Cousins, Wishnie, - Chair – 9.

 

NAY: Legislators: Oros, Kaplowitz, LaMotte, Rogowsky, Spreckman – 5.

 

SPECIAL ORDER: CHAIR OF THE BOARD: Commencement of Lawsuit: ACT 1-2004: Act authorizing the CountyAttorney to commence a legal action against certain parties to recover poundage fees in connection with the levy of an income execution.

 

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, Bronz, Kaplowitz, LaMotte, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, - Chair – 12.

 

NAY: None.

 

Legislators Alvarado and Latimer were not present when the vote was taken.

 

SPECIAL ORDER: CHAIR OF THE BOARD: Amendment to the Rules of the CountyBoard of Legislators: RES_____-2004: Resolution amending certain Rules of the CountyBoard of Legislators.

 

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

 

13th District (Mr. Young): Move that when the Board adjourns, it adjourns to meet on January 26, 2004 at 7:00 p.m.

 

 

On MOTION of Legislator Young,

The Board adjourns.