MINUTES
COUNTY BOARD OF LEGISLATORS

JANUARY 9, 2006 (7:00 P.M.)

The County Board of Legislators met pursuant to Section 209.11(1) of the Westchester County Administrative Code and was called to order by the Honorable Timothy Idoni, Westchester County Clerk. Mr. Idoni 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 Suzanne R. Swanson
Fourth Michael B. Kaplowitz
Fifth William J. Ryan
Sixth Martin L. Rogowsky
Seventh Judith A. Myers
Eighth Lois Bronz
Ninth William E. Burton
Tenth Vito J. Pinto
Eleventh James Maisano
Twelfth Thomas J. Abinanti
Thirteenth Clinton I. Young, Jr.
Fourteenth Bernice Spreckman
Fifteenth Gordon A. Burrows
Sixteenth Andrea Stewart-Cousins
Seventeenth Jose I. Alvarado

ELECTION OF CHAIR

Mr. Spano called for nominations for the Office of Chair of the County Board of Legislators for the 2006 term.

Mr. Rogowsky 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 Mrs. Spreckman.

Mr. Rogowsky then moved that the nominations be closed, which motion was carried. Mr. Rogowsky 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. Idoni declared that Mr. Ryan had been unanimously elected Chair of the Westchester County Board of Legislators and requested that Majority Leader Martin Rogowsky. and Minority Leader George Oros escort the new Chair to the podium to take the Oath of Office which was administered by the Honorable Sam D. Walker, Acting Supreme Court Justice. 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 County Board of Legislators for the 2006-2007 term.

Mrs. Bronz was recognized and placed in nomination the name of Andrea Stewart-Cousins for the office of Vice Chair. Mrs. Stewart-Cousins’ nomination was seconded by Mr. Young. Mr. Rogowsky then moved that, in the absence of any opposition, the nominations be closed and the Board cast one unanimous vote in favor of Mrs. Stewart-Cousins, which motion was carried unanimously.

Mr. Ryan declared that Mrs. Stewart-Cousins had been unanimously elected Vice Chair of the Westchester County Board of Legislators and requested that Majority Leader Martin Rogowsky 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 Sam D. Walker, Acting Supreme Court Justice. Mrs. Stewart-Cousins then delivered a short address to the Legislators and assembled guests.

On motion of Mr. Rogowsky, seconded by Mr. Pinto, 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 2006-2007 term. Mr. Pinto was recognized and placed in nomination the name of Perry M. Ochacher for the office of Clerk, which was seconded by Mrs. Myers.

Mr. Rogowsky 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. Rogowsky, the regular order of business was resumed.

Motion – Approval of Minutes. Mr. Rogowsky moved that the minutes of December 12, 2005 (Regular Meeting); December 12, 2005; December 12, 2005; December 19, 2005; December 21, 2005; December 27, 2005; December 30, 2005 (Special Meetings) be approved – Carried.

NOTE: Majority Leader Rogowsky laid the “Communications” portion of the agenda “OVER” under the rules.

1) COMMUNICATIONS:

A)__________COUNTY EXECUTIVE: Acceptance of Gift: Acceptance of a boat and $3,900 gift from the Friends of Westchester County Parks, Inc. to be used at Playland Park.
1)__________Court-Ordered Refunds: Information package of Court Ordered refunds which will be paid by the Commissioner of Finance.
2)__________Reappointment: Resolution confirming the reappointment of Joshua Lipsman as the County Commissioner of Health for a term to expire on December 31, 2009.
3)__________ Cell Phone Disposal: Local Law with respect to the disposal of cellular telephones.
4)__________Youth Services: Act authorizing the County to submit to NYS a Resource Allocation Plan which will provide state reimbursement for certain youth service programs.

B)__________HON. JUDY MYERS: County Golf: Constituent correspondence regarding the recently awarded contract between the County and Bill Casper Golf, Inc.
C)__________HON. JUDY MYERS: County Golf: Constituent correspondence regarding the recently awarded contract between the County and Bill Casper Golf, Inc.
D)__________CLERK OF THE BOARD: Sewer District Modification: Resolution from the Town of Yorktown requesting the addition of 52 parcels of property into the Peekskill Sanitary Sewer District.
E)__________HON. JAMES MAISANO: Buses on Pelhamdale Road: Constituent correspondence regarding County buses on Pelhamdale Road south of Boston Post Road.
F)__________HON. TOM ABINANTI: Healthy Air Legislation: Local Law amending the Laws of Westchester County with respect to regulating the content of fuels.
G)__________HON. TOM ABINANTI: Healthy Air Legislation: Act requiring that all diesel-powered onroad and nonroad vehicles owned, leased or operated by or on behalf of the County be powered by sulfur diesel fuel.
H)__________HON. TOM ABINANTI: Healthy Air Legislation: Local Law with respect to idling time of diesel powered vehicles.
I)__________[Intentionally left blank]
J)__________HONS. JAMES MAISANO, GEORGE OROS & SUZANNE SWANSON: County Golf: Memorandum regarding the County contract for a golf professional at Saxon Woods Golf Course.
K)__________HONS. JAMES MAISANO & TOM ABINANTI: Eminent Domain Reform: Local Law to restrict the use of eminent domain.
L)__________HON. TOM ABINANTI: Identity Theft: Local Law to protect employees from the impacts of identity theft resulting from the actions of their employers.
M)__________HON. TOM ABINANTI: Social Security Numbers: Local Law to restrict the use of Social Security numbers.

SI-1) COMMUNICATIONS:

A)__________COUNTY EXECUTIVE: Acceptance of Gift: Acceptance of a boat on loan from the Yamaha Motor Corporation.
1)__________Reappointment: Resolution confirming the reappointment of Ralph Butler as a member of the County Board of Plumbing Examiners.
2)__________Appointment: Resolution confirming the appointment of Irene R. Delgado to the County Human Rights Commission.
3)__________Westchester County Youth Bureau: Local Law making certain amendments to the County Youth Bureau.
4)__________Bond Act: Bond Act authorizing the issuance of $3,600,000 in County bonds to finance Hardscrabble Road reconstruction in North Salem (RB043).
5)__________ Bond Act: Bond Act authorizing the issuance of $225,000 in County bonds to finance Exterior Rehabilitation and Site Improvements, 750 Washington Street, Peekskill (B0070).
6)__________ Bond Act: Bond Act authorizing the issuance of $2,000,000 in County bonds to finance Infrastructure Repairs, Parking Structure White Plains Complex (BPF21).
7)__________Bond Act: Bond Act authorizing the issuance of $450,000 in County bonds to finance Interior Infrastructure Repair, White Plains Complex (B015A).
8)__________ Bond Act: Bond Act authorizing the issuance of $1,160,000 in County bonds to finance Installation of Emergency Generators, 112 East Post Road, White Plains (B0020).
9)__________ Bond Act: Bond Act authorizing the issuance of $1,000,000 in County bonds to finance White Plains Complex HVAC Equipment Reinforcement (B0034).
10)__________ Bond Act: Bond Act authorizing the issuance of $1,000,000 in County bonds to finance Replacement of Sanitary and Storm Water Piping, Valhalla Campus (B0009).
11)__________ Bond Act: Bond Act authorizing the issuance of $300,000 in County bonds to finance Infrastructure Improvements Valhalla Campus (B0077).
12)__________ Bond Act: Bond Act authorizing the issuance of $250,000 in County bonds to finance New Instructional Building at WCC (WCC53).
13)__________Bond Act: Bond Act authorizing the issuance of $2,750,000 in County bonds to finance Pump Station Rehabilitation, New Rochelle (SNR75).
14)__________ Bond Act: Bond Act authorizing the issuance of $1,320,000 in County bonds to finance Pump Station Rehabilitation, Peekskill (SPK74).
15)__________ Bond Act: Bond Act authorizing the issuance of $500,000 in County bonds to finance Waste Water Treatment Plant Repairs Study (SW002).
16)__________ Bond Act: Bond Act authorizing the issuance of $500,000 in County bonds to finance Pump Station Rehabilitation Program Saw Mill Sanitary Sewer District (SY075).
17)__________ Bond Act: Bond Act authorizing the issuance of $4,000,000 in County bonds to finance Cellular Bulkhead Rehabilitation, Yonkers Joint Treatment Plant (SY037).
18)__________ Bond Act: Bond Act authorizing the issuance of $1,500,000 in County bonds to finance North Yonkers Pump Station Electrical Upgrade (SPS04).
19)__________ Bond Act: Bond Act authorizing the issuance of $1,250,000 in County bonds to finance North Yonkers Pump Station Upgrades (SPS05).
20)__________ Bond Act: Bond Act authorizing the issuance of $500,000 in County bonds to finance Structural Evaluation of the Alexander Street Pump Station Rehabilitation, Yonkers (SPS07).
21)__________ Bond Act: Bond Act authorizing the issuance of $400,000 in County bonds to finance North Yonkers Pump Station Forcemain Repair (SPS08).
22)__________Bond Act: Bond Act authorizing the issuance of $705,000 in County bonds to finance Technology Building Upgrade, WCC (WCC43).
23)__________Bond Act: Bond Act authorizing the issuance of $204,000 in County bonds to finance Academic Arts Building Improvements, WCC (WCC45).
24)__________ Bond Act: Bond Act authorizing the issuance of $112,000 in County bonds to finance Classroom Building Renovation, WCC (WCC44).
25)__________ Bond Act: Bond Act authorizing the issuance of $1,800,000 in County bonds to finance Tibbetts Pool Rehabilitation, Yonkers (RTB06).
26)__________ Bond Act: Bond Act authorizing the issuance of $340,000 in County bonds to finance Tibbetts Brook Park Site Work, Yonkers (RTB04).
27)__________ Bond Act: Bond Act authorizing the issuance of $750,000 in County bonds to finance Dewatering Equipment Yonkers Joint Treatment Plant (SY021).
28)__________ Bond Act: Bond Act authorizing the issuance of $200,000 in County bonds to finance Additional Water Service, Yonkers Joint Treatment Plant (SY016).
29)__________ Bond Act: Bond Act authorizing the issuance of $610,000 in County bonds to finance Sprain Ridge Pool Modernization (RSP02).
30)__________ Bond Act: Bond Act authorizing the issuance of $825,000 in County bonds to finance Blind Brook Performance Maintenance at the Blind Brook Wastewater Treatment Plant (SBB06).
31)__________Sewer District Modification: Act modifying the Saw Mill Sanitary Sewer District by the addition of 1 parcel of property located in the Village of Briarcliff Manor (Chestnut Hill Lane).
32)__________Intermunicipal Agreement: Act authorizing the County to enter into an IMA with the Valhalla Fire District to reimburse it for services rendered to the County.
33)__________ Intermunicipal Agreement: Act authorizing the County to enter into an IMA with the Hawthorne Fire District to reimburse it for services rendered to the County.
34)__________Identity Theft: Local Law requiring all commercial businesses in Westchester offering public Internet services to have a secure network to protect the public from identity theft.
35)__________Easement Agreement: Act authorizing the County to grant an easement to Yonkers Gateway Motel over a portion of the Putnam Right-of-Way for ingress and egress, in return for which the Motel will grant a similar easement to the County for use by the South County Trailway.
36)__________Grant Application: Resolution authorizing the Chief Information Officer to file a grant application with NYS for the Quality Communities Program.

B)__________HON. MICHAEL KAPLOWITZ: Indian Point: Indian Point timeline.
C)__________HON. MICHAEL KAPLOWITZ: Biofuels: Quick facts on biofuels.
D)__________HON. MICHAEL KAPLOWITZ: Clean Energy Programs: EPA’s State and Local Clean Energy Programs.
E)__________HON. MICHAEL KAPLOWITZ: Zone Pricing: Resolution supporting State legislation that would prohibit zone pricing of gasoline.
F)__________HON. MICHAEL KAPLOWITZ: Co-op/Condo Assessment: Correspondence from Legislator Kaplowitz to the New York State Senate opposing amendments to State law in relation to the assessment of condominium or cooperative residential properties.
G)__________HON. MICHAEL KAPLOWITZ: Energy Crisis 2005: Outline of the national energy crisis and suggested solutions.
H)__________HON. MICHAEL KAPLOWITZ: Clean Water Protection/Flood Prevention: Draft resolution in support of the NYS Clean Water Protection/Flood Prevention Act.
I)__________HON. MICHAEL KAPLOWITZ: Smart Gun Technology: Memorandum from Legislator Kaplowitz regarding Smart Gun Technology.
J)__________HON. MICHAEL KAPLOWITZ: Clean Energy: Press article on wind energy.
K)__________HON. MICHAEL KAPLOWITZ: PCB’s: Technical journal article on PCB use in buildings.
L)__________HON. MICHAEL KAPLOWITZ: Solar Energy: Press article on solar energy education in local schools.
M)__________HON. MICHAEL KAPLOWITZ: Cost of Radiological Preparedness: Resolution supporting state legislation that would offset the cost of radiological preparedness by requiring that the fee be paid by licensees.
N)__________HON. MICHAEL KAPLOWITZ: Alternative Minimum Tax: Correspondence from Legislator Kaplowitz to Senator Schumer supporting reform of the AMT.
O)__________HON. MICHAEL KAPLOWITZ: Smart Meters: Resolution urging the NYS Public Service Commission to permit County residents to obtain “smart meter” technology and prohibit Con Edison from implementing saturated AMR in the County.
P)__________HON. MICHAEL KAPLOWITZ: Identity Theft: Press article on identity theft.
Q)__________HON. JAMES MAISANO: United Water Company: Constituent correspondence regarding United Water Company and the possibility of a public takeover of its operations.
R)__________COUNTY ATTORNEY: County Bond Counsel: Act authorizing the County to retain various law firms to provide bond counsel services to the County.
S)__________COUNTY ATTORNEY: Counsel Retainer: Act designating an attorney be retained to represent the Department of Human Resources in an Article 78 proceeding, Deem v. NYS, Westchester County Department of Human Resources, et al.
T)__________HON. GORDON BURROWS: Budget Calendar:
Memorandum and Resolution to the Chairman regarding a proposal to change key dates on the County Budget calendar.
U)__________HON. WILLIAM J. RYAN: Public Safety Network: Correspondence from NYSAC offering assistance regarding relocation of the County’s public safety licensees to comparable facilities.

Memorial Resolutions: RES 1-2006:

Mr. Kaplowitz: Rudolph “Rudy” F. Machacek, Edith W. Post,
Lauren Lynee Pastena, Rose Spadaro, Erna Seidel, Paul J. Belcastro.
Mrs. Stewart Cousins Fahad Abbasi
Mr. Pinto: Barbara Abrams, Louise DiRienzo,
Joseph Groccia, Donald LeRoy Lundy, Ruth Magner, Joseph Nicoletti, Sr., Mary Ruffo, Celia Simonetti.
Mrs. LaMotte: John Diebold.
Mr. Pinto & Mr. Maisano: Julius Ciotti.
Mrs. Stewart Cousins & Mr. Maisano: Joseph Spiezio, Jr.
Mr. Maisano: Andrew Roberts.

The above-named Legislators presented the following memorial Resolutions and moved their adoption, which were declared adopted.

MOTIONS, RESOLUTIONS: 13th District (Mr. Rogowsky): Move that when the Board adjourns, it adjourns to meet on January 23, 2006 at 7:00 p.m.

On MOTION of Legislator Rogowsky, The Board adjourned