MINUTES
COUNTY BOARD OF LEGISLATORS

JANUARY 5, 2004 (7:00 P.M.)

The CountyBoard of Legislators met pursuant to Section 209.11(1) of the Westchester County Administrative Code and was called to order by the Honorable Leonard N. Spano, Westchester County Clerk. Mr. Spano opened the meeting with the prayer and the salute to our flag. The roll call resulted as follows:

PRESENT:

DISTRICT LEGISLATOR

First George Oros

Second Ursula G. LaMotte

Third Robert P. Astorino

Fourth Michael B. Kaplowitz

Fifth William J. RyanSixth Martin L. Rogowsky

Seventh George Latimer

Eighth Lois Bronz

Ninth Richard G. Wishnie

Tenth Vito J. Pinto

Eleventh James Maisano

Twelfth Thomas J. Abinanti

Thirteenth ClintonI. Young, Jr.

Fourteenth Bernice Spreckman

Fifteenth Louis A. Mosiello

Sixteenth Andrea Stewart-Cousins

Seventeenth Jose I. Alvarado

The Honorable Kathie Davidson, Justice of the Westchester County Family Court, administered the Oath of Office to the Legislators.

ELECTION OF CHAIR

Mr. Spano called for nominations for the Office of Chair of the CountyBoard of Legislators for the 2004 term.

Mr. Young was recognized and placed in nomination the name of William J. Ryan for the office of Chair of the Westchester County Board of Legislators. Mr. Ryan’s nomination was seconded by Mr. Mosiello.

Mr. Young then moved that the nominations be closed, which motion was carried. Mr. Young then moved that, in the absence of any opposition, the Board cast one unanimous vote in favor of Mr. Ryan, which motion was carried unanimously.

Mr. Spano declared that Mr. Ryan had been unanimously elected Chair of the Westchester County Board of Legislators and requested that Majority Leader Clinton I. Young, Jr. and Minority Leader George Oros escort the new Chair to the podium to take the Oath of Office which was administered by the Honorable Kathie Davidson, Justice of the Westchester County Family Court. Mr. Ryan then delivered a short address to the Legislators and assembled guests.

ELECTION OF VICE CHAIR

Mr. Ryan then assumed the Chair and called for nominations for the office of Vice Chair of the CountyBoard of Legislators for the 2004-2005 term.

Mr. Kaplowitz was recognized and placed in nomination the name of Richard G. Wishnie for the office of Vice Chair. Mr. Wishnie’s nomination was seconded by Mrs. Spreckman. Mr. Young then moved that, in the absence of any opposition, the nominations be closed and the Board cast one unanimous vote in favor of Mr. Wishnie, which motion was carried unanimously.

Mr. Ryan declared that Mr. Wishnie had been unanimously elected Vice Chair of the Westchester County Board of Legislators and requested that Majority Leader Clinton I. Young, Jr. and Minority Leader George Oros escort the new Vice Chair to the podium to take the Oath of Office which was administered by the Honorable Kathie Davidson, Justice of the Westchester County Family Court. Mr. Wishnie then delivered a short address to the Legislators and assembled guests.

On motion of Mr. Young, seconded by Mr. Kaplowitz, the motion to reconsider the vote for Chair and Vice Chair was unanimously defeated.

ELECTION OF CLERK

The Chair called for nominations for the office of Clerk of the Board for the 2004-2005 term. Mr. Latimer was recognized and placed in nomination the name of Perry M. Ochacher for the office of Clerk, which was seconded by Mr. Maisano.

Mr. Young then moved that, in the absence of any opposition, the nominations be closed and the Board cast one unanimous vote in favor of Mr. Ochacher, which motion was carried unanimously.

Mr. Ryan declared that Mr. Ochacher had been unanimously elected Clerk of the Westchester County Board of Legislators.

On motion of Mr. Young, the regular order of business was resumed.

NOTE: Majority Leader Young laid the entire agenda “OVER” under the rules.

MINUTES: December 19, 2003 (Special Meeting)

1) COMMUNICATIONS:

A)__________COUNTY EXECUTIVE: Sewer District Modification: Act modifying the Peekskill Sanitary Sewer District by the addition of 62 parcels located in the Town of Cortlandt.

1)__________Board of Ethics Appointment: Confirming the appointment of Eric DiBartolo as a member of the CountyBoard of Ethics.

2)__________Housing Opportunity Program: Confirming the appointment of Lawrence Dwyer as a member of the County Housing Opportunity Program.

B)__________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.

C)__________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.

D)__________CLERK OF THE BOARD: Manhattan Express Bus: Constituent correspondence in support of the Manhattan Express Bus/2004 County Budget.

E)__________ CLERK OF THE BOARD: Manhattan Express Bus: Correspondence from the Greenburgh Town Supervisor in support of the Manhattan Express Bus/2004 County Budget.

F)__________CLERK OF THE BOARD: CountySales Tax: Correspondence from the GreenburghCentralSchool District regarding the proposed increase in the County sales tax.

G)__________HON. GEORGE LATIMER: 2004 Labor Committee Items: Memorandum from the outgoing chair of the Labor Committee regarding unfinished items of business.

H)__________HON. GEORGE LATIMER: Tappan Zee Bridge/I-287: Forwarding a copy of the Tappan Zee Bridge/I-287 Environmental Review newsletter.

I)__________HON. GEORGE LATIMER: Read Sanctuary: Forwarding correspondence from the Friends of Read Wildlife Sanctuary, Inc. regarding sanctuary access.

J)__________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.

K)__________HON. TOM ABINANTI: ID Theft: Proposed Local Law restricting the use of Social Security numbers.

SI-1) COMMUNICATIONS:

A)__________COUNTY EXECUTIVE: 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.

1)__________Real Property Tax Exemption: Local Law providing a real property tax exemption to volunteer firefighters and volunteer ambulance service members.

2)__________Driving while Fatigued: Local Law with respect to prohibiting the act of driving while impaired by fatigue.

3)__________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.

4)__________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.

5)__________County Youth Sports Code of Conduct: Local Law establishing a County Youth Sports Code of Conduct.

6)__________Animal Welfare: Local Law amending CountyLaw with respect to criminalizing the act of endangering the welfare of an animal.

7)__________Hangar Sublease: Local Law authorizing the County to amend a lease agreement with Interlaken Capital Aviation for County-owned property at the CountyAirport.

8)__________Sale of Nicotine-Laced Water to Minors: Local Law restricting the sale of nicotine-laced water to minors.

9)__________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.

10)__________Court-Ordered Refunds: Information package of Court Ordered refunds which will be paid by the Commissioner of Finance.

11)__________Regulation of Income Tax Providers: Local Law with respect to the control and regulation of income tax preparers.

 

B)__________HON. ANDREA STEWART-COUSINS: Yonkers Paddling and Rowing Club: Constituent correspondence in support of the Yonkers Paddling and Rowing Club.

C)__________COUNTY ATTORNEY: Commencement of Lawsuit: 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.

 

SI-8) MOTIONS, RESOLUTIONS:

 

A)__________Memorial Resolutions: RES_____-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.

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: Death of Francis “Frank” Claps, Jr., Bryan Eccleston.

Mr. Young: Death of Mercedes B. Acunto, John Anthony Gnerre.

MOTIONS, RESOLUTIONS: 13th District (Mr. Young):Move that when the Board adjourns, it adjourns to meet on January 7, 2004 at 9:00 a.m.

 

On MOTION of LegislatorYoung, The Board adjourned.