MINUTES
COUNTY BOARD OF LEGISLATORS


SEPTEMBER 26, 2005 (7:30 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, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

Absent: None.

Motion – Approval of Minutes. Mr. Young moved that the minutes of September 12, 2005(Regular & Special Meetings) be approved – Carried.

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

PUBLIC HEARING: COMMITTEES ON LEGISLATION, HOUSING AND PUBLIC SAFETY & CRIMINAL JUSTICE: Discriminatory Housing & Employment Practices against Victims of Domestic Violence: LOCAL LAW INTRO 16-2005: Proposed Local Law prohibiting discriminatory practices against victims of domestic violence and other abuse.

There was 1 speaker.

No other person wishing to be heard, Mr. Young moved to close the Public Hearing and resume the regular order of business.

UNFINISHED BUSINESS: COMMITTEE ON BUDGET & APPROPRIATIONS: WCHCC: ACT 191-2005: Act amending the 2005 County Operating Budget.

On motion of Mr. Young the following item was Tabled.

UNFINISHED BUSINESS: COMMITTEE ON BUDGET & APPROPRIATIONS: WCHCC: ACT 192-2005: Act authorizing the County to enter into an agreement with WCHCC whereby the County will give approximately $57,000,000 to WCHCC.

On motion of Mr. Young the following item was Tabled.

COMMUNICATION: COUNTY EXECUTIVE: IMA: Act authorizing the County to enter into an IMA with the Village of Scarsdale to license 3.7 acres of parkland to the Village for recreational purposes was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Parks.

COMMUNICATION: COUNTY EXECUTIVE: Annual Financial Report: Comprehensive County Annual Financial report for the year ended December 31, 2004 was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

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: Duty and “Heart” Provisions for Criminal Investigators: Act adopting a resolution providing performance of duty and “heart” provisions for certain criminal investigators in the Office of the County DA 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.

COMMUNICATION: COUNTY EXECUTIVE: Sewer District Modification: Act modifying the Peekskill Sanitary Sewer District by the addition of 1 parcel in the Town of Yorktown (3896 Old Crompond Road) was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations adnt he Committee on Public Works.

COMMUNICATION: COUNTY EXECUTIVE: Appointment: Confirming the appointment of Cheryl Hunter-Grant to 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: Appointment: Confirming the appointment of Robin Cook-Brumfield to the County Women’s Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Appointment: Confirming the appointment of Tonianne Bellomo to 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: Sales Tax Exemption: Act exempting residential energy sources from sales and compensating use taxes was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Energy.

COMMUNICATION: HONS. TOM ABINANTI & JAMES MAISANO: Eminent Domain Reform: Proposed Eminent Domain reform legislation was on motion of Mr. Young received, filed and referred to the Committee on Intergovernmental Relations and the Committee on Legislation.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Home Rule Request: Correspondence from the Westchester County DA Investigators PBA thanking the Board for supporting State legislation related to criminal investigators in the Office of the Westchester County District Attorney’s Office was on motion of Mr. Young received, filed and referred to the Committee on Legislation and the Committee on Public Safety and Criminal Justice.

COMMUNICATION: HON. RICHARD WISHNIE: Clean Water Protection: Resolution from the Village of Briarcliff Manor in support of the Clean Water Protection/Flood Prevention Act was on motion of Mr. Young received, filed and referred to the Committee on Environment.

COMMUNICATION: HON. RICHARD WISHNIE: Indian Point: Resolution from the Village of Briarcliff Manor opposing the re-licensing of Indian Point was on motion of Mr. Young received, filed and referred to the Committee on Environment and the Committee on Energy.

COMMUNICATION: HON. MARTIN ROGOWSKY: Gasoline Prices: Resolution from the Town of Rye concerning the rollback of gasoline prices was on motion of Mr. Young received, filed and referred to the Committee on Legislation and the Committee on Energy.

COMMUNICATION: HON LOIS BRONZ: Senior and Disabled Housing: Correspondence from Westchester Disabled on the Move, Inc. regarding WDOMI’s Nursing Home Transition and Diversion Program was on motion of Mr. Young received, filed and referred to the Committee on Housing.

COMMUNICATION: HON. GEORGE OROS: County Homeless Shelter: Correspondence from New York Medical College opposing the County’s plan to relocate the County homeless shelter was on motion of Mr. Young received, filed and referred to the Committee on Housing, the Committee on Public Safety and Criminal Justice and the Committee on Community Affairs.

COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC WORKS: Bond Act: (BOND) ACT 198-2005: Bond Act authorizing the issuance of $1, 425,000 in County bonds to finance Forcemain Rehabilitation, Peekskill Wastewater Treatment Plant (SPK20).

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.

NOTE: Mr. Abinanti was not present when the vote was taken.
COMMITTEES ON BUDGET AND APPROPRIATIONS & PUBLIC WORKS: Bond Act: (BOND) ACT 199-2005: Bond Act authorizing the issuance of $600,000 in County bonds to finance Forcemain Rehabilitation, Bronx Valley Sanitary Sewer District (SBV20).

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.

NOTE: Mr. Abinanti was not present when the vote was taken.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Budget Amendment: ACT 200-2005: Act amending the 2005 County Operating Budget in the amount of $12,164,700 for various County departments.

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 15.

NAY: Legislator: LaMotte – 1.

NOTE: Mr. Abinanti was not present when the vote was taken.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Real Property Tax Exemption: RES179-2005: Setting a Public Hearing on a proposed Local Law to provide qualifying veterans with the greatest real property tax exemption authorized by State Law. [Public Hearing set for October 11, 2005; at 7:30 p.m; LOCAL LAW INTRO 18-2005.]

Mr. Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted by a vote of 16-0.

NOTE: Mr. Abinanti was not present when the vote was taken.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Capital Budget Amendment -Facility Asset Management Program: ACT 201-2005: Act amending the County 2005 Capital Budget.

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 15.

NAY: Legislator – Maisano – 1.

NOTE: Mr. Abinanti was not present when the vote was taken.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act- Facility Asset Management Program: (BOND) ACT 202-2005: Bond Act authorizing the issuance of $300,000 in County bonds to finance the Facility Asset Management Program at Westchester County Health Care Corporation facilities (MC003).

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 15.

NAY: Legislator – Maisano – 1.

NOTE: Mr. Abinanti was not present when the vote was taken.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Capital Budget Amendment: ACT 203-2005: Act amending the County 2005 Capital Budget by the addition of appropriations for gas main replacement in White Plains.

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.

NOTE: Mr. Abinanti was not present when the vote was taken.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act: (BOND) ACT 204-2005: Bond Act authorizing the issuance of $750,000 in County bonds to finance Equipment Acquisition in the Department of Labs and Research (BLR2A).

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.

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

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC SAFETY: Extension of salary and Benefits to Members of the Ready Reserve: ACT_____-2005: Act extending for an additional six months certain salary and benefits protection for County officers and employees who are members of the Ready Reserve.

Mr. Wishnie presented the following report and Act and moved that the report be received, filed and approved and Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.

NOTE: Mr. Abinanti was not present when the vote was taken.
COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC SAFETY: IMA: ACT 206-2005: Act authorizing the County to enter into an IMA with the City of Mount Vernon for the implementation of a juvenile crime reduction program.

Mr. Wishnie presented the following report and Act and moved that the report be received, filed and approved and Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.

NOTE: Mr. Abinanti was not present when the vote was taken.
COMMITTEES ON BUDGET & APPROPRIATIONS AND PUBLIC WORKS: Croton Point Park Access Road Conveyance and Maintenance: ACT 207-2005: Act authorizing the County to enter into an agreement with the Village of Croton-on-Hudson whereby the County will convey to the Village an access road adjacent to Croton Point Park, along with related easements for signage and maintenance of the access road.

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: None.

NOTE: Mr. Abinanti was not present when the vote was taken.
COMMITTEES ON LEGISLATION, HOUSING AND PUBLIC SAFETY & CRIMINAL JUSTICE: Discriminatory Housing & Employment Practices against Victims of Domestic Violence: LOCAL LAW INTRO 16-2005: Proposed Local Law prohibiting discriminatory practices against victims of domestic violence and other abuse.

Mr. Rogowsky presented the following report and Local Law and moved that the report be received, filed and approved and Local Law adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Abinanti, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 17.

NAY: None.

COMMITTEES ON LEGISLATION AND TRANSPORTATION: Lease Agreement – County Airport: RES 180-2005: Setting a Public Hearing on a proposed Local Law authorizing the County to enter into a lease agreement with Piedmont Aviation for space at the County Airport. [Public Hearing set for October 11, 2005; at 7:30 p.m; LOCAL LAW INTRO 19-2005.]

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Housing Opportunity Commission Appointment: RES 181-2005: Resolution confirming the appointment of Geoffrey D. Smith to the County Housing Opportunity Commission.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Police Board Reappointment: RES 182-2005: Resolution confirming the reappointment of Michael Bruno as Commissioner of the County Police 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 183-2005: Resolution confirming the reappointment of Edmy Lourdes Garcia to 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: Hispanic Advisory Board Reappointment: RES 184-2005: Resolution confirming the reappointment of Isabel Villar to 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: African American Advisory Board Reappointment: RES 185-2005: Resolution confirming the reappointment of Lisa Copeland to the County African American Advisory Board.

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

COMMITTEES ON THE ENVIRONMENT AND LEGISLATION: Diesel Vehicle Idling Times: LOCAL LAW INTRO 20-2005: Local Law with respect to idling times of diesel powered vehicles.

The following item was laid “over” under the Rules by Mr. Abinanti.

SPECIAL ORDER: CHAIR OF THE BOARD & COMMITTEE ON BUDGET & APPROPRIATIONS: WCHCC: ACT 208-2005: Act amending the 2005 County Operating Budget with respect to the Westchester County Health Care Corporation.

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Abinanti, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: Legislator: Maisano – 1.

SPECIAL ORDER: CHAIR OF THE BOARD & COMMITTEE ON BUDGET & APPROPRIATIONS: WCHCC: ACT 209-2005: Act authorizing the County to enter into an agreement with the Westchester County Health Care Corporation (WCHCC) whereby the County will give up to $57,000,000 to WCHCC.

Mr. Kaplowitz presented the following report and Act and moved that the report be received, filed and approved and Act adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Oros, Abinanti, Alvarado, Astorino, Bronz, Burrows, Kaplowitz, LaMotte, Myers, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Wishnie, Chair – 16.

NAY: Legislator: Maisano – 1.

Memorial Resolutions: RES 186-2005:

All Legislators: Mary Delaney.
Mr. Pinto with All Legislators: Angel Liane Serbay.
Mr. Wishnie: Angelo Perry.
Mrs. LaMotte: Agnes Foglia Davis, Laurel Joyce Kari, Paula D’Angelo Kalkbrenner, H. Lawrence “Larry” Clark, Anna Andretta.
Mr. Wishnie & All Legislators: Anna Oros.
Mr. Maisano: John L. Viggiano, John (Jack) T. Roach, John Cerqueira.
Mr. Ryan & Mrs. Bronz:

 

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.