THE COUNTY BOARD OF LEGISLATORS MET PURSUANT TO ADJOURNMENT.

THE HONORABLE GEORGE OROS IN THE CHAIR.

THE CHAIRMAN OPENED THE MEETING WITH A PRAYER AND SALUTE TO OUR FLAG.

THE ROLL CALL RESULTED AS FOLLOWS:

LEGISLATORS: NOTO, LATIMER, ABINANTI, ALBANESE, BRONZ, CARSKY, DARCY, DELFINO, DONOVAN, LAMOTTE, MOSIELLO, SPRECKMAN, STEWART-COUSINS, SWANSON, WISHNIE, YOUNG, CHAIRMAN-17.

MR. NOTO MOVED THAT THE MINUTES OF JUNE 2, 1997, BE APPROVED-CARRIED

MR. NOTO MOVED TO SUSPEND THE REGULAR ORDER OF BUSINESS FOR THE PURPOSE OF CONDUCTING TWO PUBLIC HEARINGS.

THE CLERK PRESENTED PROOF OF PUBLICATION AND READ THE RULES FOR ITS CONDUCT.

PUBLIC HEARING: COMMITTEE ON BUDGET AND APPROPRIATIONS: LOCAL LAW INTRO 9-1997: IN RELATION TO ELECTING A RETIREMENT INCENTIVE PROGRAM FOR ELIGIBLE COUNTY OF WESTCHESTER EMPLOYEES (EXCEPT WESTCHESTER COMMUNITY COLLEGE EMPLOYEES).

THERE WERE NO SPEAKERS.

ON MOTION OF MR. NOTO, THE PUBLIC HEARING WAS CLOSED.

PUBLIC HEARING: COMMITTEE ON BUDGET AND APPROPRIATIONS: APPROVING A RESOLUTION BY THE WESTCHESTER COMMUNITY COLLEGE BOARD OF TRUSTEES, DATED MAY 14, 1997, ELECTING TO PROVIDE THE BENEFITS OF A RETIREMENT INCENTIVE PROGRAM TO ALL ELIGIBLE EMPLOYEES OF THE COLLEGE WHO ARE MEMBERS OF THE NEW YORK STATE EMPLOYEES RETIREMENT SYSTEM, THE NEW YORK STATE TEACHERS RETIREMENT SYSTEM AND THE OPTIONAL (TIAA-CREF) RETIREMENT SYSTEM.

THERE WERE NO SPEAKERS.

MR. NOTO DECLARED THE PUBLIC HEARING CLOSED AND THE REGULAR ORDER OF BUSINESS WAS RESUMED.

UNFINISHED BUSINESS: RES 115-1997: AUTHORIZING THE COUNTY EXECUTIVE OR HIS DESIGNEE TO EXECUTE AND FILE AN APPLICATION ON BEHALF OF WESTCHESTER COUNTY WITH THE U.S. DEPARTMENT OF TRANSPORTATION’S FEDERAL TRANSIT ADMINISTRATION AND TO ACCEPT UP TO $32 MILLION RECEIVED THEREUNDER TO AID IN THE FINANCING OF THE CENTRALIZED MAINTENANCE FACILITY.

Mr. Wishnie presented the following resolution and moved its adoption, which was declared adopted 15-2 with Legislators Abinanti and Swanson being recorded in the negative.

COMMUNICATION: COUNTY EXECUTIVE: ACCEPTANCE OF A GIFT FROM DIVERSIFIED INVESTMENT ADVISORS TO BE USED TO DEFRAY EXPENSES AT THE NEW YORK PHILHARMONIC’S 17TH ANNUAL FREE OUTDOOR CONCERT was on motion of Mr. Noto received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: APPOINTING KATHLEEN M. PETERS-DURRIGAN AS A MEMBER OF THE YOUTH BOARD was on motion of Mr. Noto received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: APPOINTING ALAN J. INMAN AS A MEMBER OF THE AFRICAN-AMERICAN ADVISORY BOARD was on motion of Mr. Noto received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: APPOINTING HENRY A. CARLETTI, JR. AS A MEMBER OF THE BOARD OF PLUMBING EXAMINERS was on motion of Mr. Noto received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: APPOINTING EVA DECH AS A MEMBER OF THE YOUTH BOARD was on motion of Mr. Noto received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: REAPPOINTING CECILE SINGER AS A MEMBER OF THE WOMEN’S ADVISORY BOARD was on motion of Mr. Noto received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: APPOINTING WILLIAM J. HAYDUK, P.E. AS A MEMBER OF THE PREQUALIFICATION BOARD was on motion of Mr. Noto received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: APPOINTING SIOUX TAYLOR AS A MEMBER OF THE YOUTH BOARD was on motion of Mr. Noto received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: FORWARDING A PACKAGE OF COURT-ORDERED CERTIORARI REFUNDS. [ON FILE] was on motion of Mr. Noto received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: PROPOSED LEGISLATION TO AMEND THE 1997 CAPITAL BUDGET TO INCREASE THE AMOUNT FOR THE REHABILITATION OF RUNWAY 16/34 was on motion of Mr. Noto received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: PROPOSED LEGISLATION TO AMEND THE 1997 CAPITAL BUDGET FOR THE STORMWATER MANAGEMENT PROGRAM was on motion of Mr. Noto received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: PROPOSED LEGISLATION WHICH WOULD AUTHORIZE THE WITHDRAWAL OF THE WESTCHESTER COUNTY DEPARTMENT OF HEALTH FROM THE OPERATION OF THE GREENBURGH NEIGHBORHOOD HEALTH CENTER was on motion of Mr. Noto received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: PROPOSED LEGISLATION AUTHORIZING THE COUNTY TO ENTER INTO A 62 MONTH LEASE AGREEMENT WITH 360 HAMILTON PLAZA, LLC. FOR THE LEASE OF APPROXIMATELY 365,000 SQUARE FEET OF SPACE IN THE BUILDING AT 360 HAMILTON AVENUE IN WHITE PLAINS was on motion of Mr. Noto received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. URSULA LA MOTTE: FORWARDING A LETTER FROM A CONSTITUENT PROPOSING THAT A 2 CENT TAX BE IMPOSED TO BUILD UP A FUND TO BUY OPEN LANDS was on motion of Mr. Noto received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. THOMAS ABINANTI: FORWARDING A LETTER FROM THE SPEAKER OF THE ASSEMBLY THANKING HIM FOR SENDING A COPY OF THE LETTER SIGNED BY THIRTEEN LEGISLATORS SUPPORTING AN EXTENSION OF THE EMERGENCY TENANTS PROTECTION ACT was on motion of Mr. Noto received, filed and referred to the Committee on Community Affairs.

COMMUNICATION: HON. KATHERINE CARSKY: FORWARDING AN EDITORIAL REPLY ENTITLED NO PUBLIC SWIMMING AT CRANBERRY LAKE was on motion of Mr. Noto, received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. GEORGE LATIMER: FORWARDING A RESOLUTION PASSED BY THE VILLAGE OF LARCHMONT SUPPORTING THE WATERSHED ADVISORY COMMITTEE 5 was on motion of Mr. Noto received, filed and referred to the Committee on the Environment.

COMMUNICATION: HON. GEORGE OROS: FORWARDING A COPY OF HIS MEMORANDUM TO THE RULES COMMITTEE REGARDING FISCAL IMPACT STATEMENTS was on motion of Mr. Noto received, filed and referred to the Committee on Rules.

COMMUNICATION: HON. RICHARD WISHNIE: FORWARDING PROPOSED LEGISLATION WHICH WOULD CLARIFY THE SECTION 283.311(5) OF THE LAWS OF WESTCHESTER COUNTY TO EXPRESSLY PROVIDE FOR A SINGLE SCHOOL TAX LIEN DATE OF SEPTEMBER 1 FOR TOWNS WHICH AUTHORIZE PAYMENT OF SCHOOL TAXES IN INSTALLMENTS UNDER SECTION 283.311(1) OF THE LAWS OF WESTCHESTER COUNTY was on motion of Mr. Noto received, filed and referred to the Committee on Budget and Appropriations.

ACT 90-1997: BUDGET AND APPROPRIATIONS: AUTHORIZING THE COUNTY ATTORNEY TO SETTLE THE LAWSUIT ENTITLED WENDY BLUMENTHAL AND LAWRENCE BLUMENTHAL, AS ADMINISTRATORS OF THE ESTATE OF THE ESTATE OF NANCY BLUMENTHAL, ET AL V. HARVEY N. LOTHRINGER, ET AL.

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 declared carried by the following vote:

AYE: Legislators: Noto, Latimer, Abinanti, Albanese, Bronz, Carsky, Darcy, Delfino, Donovan, LaMotte, Mosiello, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-17.

NAY: None.

ACT 91-1997: COMMITTEE ON BUDGET AND APPROPRIATIONS: REQUESTING AUTHORIZATION TO COMMENCE LEGAL ACTION AGAINST EMSA LIMITED PARTNERSHIP, ITS AGENTS AND ANY OTHER RELATED AND NECESSARY PARTIES FOR VIOLATION OF OBLIGATIONS IN RELATION TO THE CURRENT CONTRACT BETWEEN EMSA LIMITED PARTNERSHIP AND THE COUNTY OF WESTCHESTER.

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 declared carried by the following vote:

AYE: Legislators: Noto, Latimer, Abinanti, Albanese, Bronz, Carsky, Darcy, Delfino, Donovan, LaMotte, Mosiello, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-17.

NAY: None.

ACT 92-1997: COMMITTEE ON BUDGET AND APPROPRIATIONS: AUTHORIZING THE COUNTY ATTORNEY TO SETTLE THE LAWSUIT OF FRANK VALENTINE AS EXECUTOR OF THE ESTATE OF MARYANN VALENTINE V. COUNTY OF WESTCHESTER AND THE WESTCHESTER COUNTY MEDICAL CENTER.

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 declared carried by the following vote:

AYE: Legislators: Noto, Latimer, Abinanti, Albanese, Bronz, Carsky, Darcy, Delfino, Donovan, LaMotte, Mosiello, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-17.

NAY: None.

ACT 93-1997: COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON PUBLIC WORKS: AUTHORIZING THE COUNTY TO ENTER INTO AN IMA WITH THE CITY OF NEW YORK ACTING BY AND THROUGH THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION WHEREBY THE CITY WILL PAY THE COUNTY FOR ENGINEERING AND ADMINISTRATION WORK ASSOCIATED WITH THE REPAIR OF THREE (3) SECTIONS OF THE COUNTY’S SANITARY SEWERS.

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 declared carried by the following vote:

AYE: Legislators: Noto, Latimer, Abinanti, Albanese, Bronz, Carsky, Darcy, Delfino, Donovan, LaMotte, Mosiello, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-17.

NAY: None.

ACT 94-1997: COMMITTEE ON BUDGET AND APPROPRIATIONS: AUTHORIZING THE COUNTY TO ENTER INTO AN IMA WITH THE CITY OF NEW YORK ACTING BY AND THROUGH THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION WHEREBY THE CITY WILL PAY THE COUNTY TO PERFORM CONSTRUCTION REPAIR WORK TO THREE (3) SECTIONS OF THE COUNTY’S SANITARY SEWERS.

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 declared carried by the following vote:

AYE: Legislators: Noto, Latimer, Abinanti, Albanese, Bronz, Carsky, Darcy, Delfino, Donovan, LaMotte, Mosiello, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-17.

NAY: None.

ACT 95-1997: COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON COMMUNITY AFFAIRS: AUTHORIZING THE COUNTY TO ENTER INTO AN IMA WITH THE CITY OF NEW YORK TO ACCEPT A FEDERAL GRANT FROM THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FOR FISCAL YEAR 1997.

Mrs. Swanson presented the following report and act and moved that the report be received, filed and approved, and the act adopted, which motion was declared carried by the following vote:

AYE: Legislators: Noto, Latimer, Abinanti, Albanese, Bronz, Carsky, Darcy, Delfino, Donovan, LaMotte, Mosiello, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-17.

NAY: None.

LOCAL LAW INTRO 9-1997: COMMITTEE ON BUDGET AND APPROPRIATIONS: ELECTING A RETIREMENT INCENTIVE PROGRAM FOR ELIGIBLE COUNTY OF WESTCHESTER EMPLOYEES (EXCEPT WESTCHESTER COMMUNITY COLLEGE EMPLOYEES).

Mrs. Swanson presented Local Law Intro 9-1997, and moved its adoption, which motion was declared carried by the following vote:

Aye: Legislators: Noto, Latimer, Abinanti, Albanese, Bronz, Carsky, Darcy, Delfino, Donovan, LaMotte, Mosiello, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-17.

Nay: None.

LOCAL LAW INTRO 10-1997: COMMITTEE ON BUDGET AND APPROPRIATIONS: APPROVING A RESOLUTION BY THE WESTCHESTER COMMUNITY COLLEGE BOARD OF TRUSTEES, DATED MAY 14, 1997, ELECTING TO PROVIDE THE BENEFITS OF A RETIREMENT INCENTIVE PROGRAM TO ELIGIBLE MEMBERS OF THE NEW YORK STATE EMPLOYEES’ RETIREMENT SYSTEM, NEW YORK STATE TEACHERS’ RETIREMENT SYSTEM AND THE OPTIONAL (TIAA-CREF) RETIREMENT SYSTEM.

Mrs. Swanson presented Local Law Intro 10-1997, and moved its adoption, which motion was declared carried by the following vote:

Aye: Legislators: Noto, Latimer, Abinanti, Albanese, Bronz, Carsky, Darcy, Delfino, Donovan, LaMotte, Mosiello, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-17.

Nay: None.

RESOLUTION 118-1997: COMMITTEE ON LEGISLATION: (HOME RULE REQUEST): SUPPORTING A.1199-B, "AN ACT TO AMEND THE PENAL LAW, IN RELATION TO THE ISSUANCE OF A LICENSE TO CARRY OR POSSESS A PISTOL OR REVOLVER IN THE COUNTY OF WESTCHESTER AND TO REPEAL CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO".

Mr. Abinanti laid Resolution 118-1997 "OVER" under the Rules.

RESOLUTION 119-1997: COMMITTEE ON LEGISLATION: (HOME RULE REQUEST): SUPPORTING S. , "AN ACT TO AMEND THE PENAL LAW, IN RELATION TO THE ISSUANCE OF A LICENSE TO CARRY OR POSSESS A PISTOL OR REVOLVER IN THE COUNTY OF WESTCHESTER AND TO REPEAL CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO".

Mr. Abinanti laid Resolution 119-1997 "OVER" under the Rules.

RESOLUTION 120-1997: COMMITTEE ON LEGISLATION: (HOME RULE REQUEST): SUPPORTING A.8211 AND S.4799, "AN ACT TO AMEND CHAPTER 272 OF THE LAWS OF 1991 AMENDING THE TAX LAW RELATING TO THE METHOD OF DISPOSITION OF SALES AND COMPENSATING USE TAX REVENUE IN WESTCHESTER COUNTY AND ENACTING THE WESTCHESTER COUNTY SPENDING LIMITATION ACT, IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF".

Mr. Abinanti presented the following resolution and moved its adoption, which was declared adopted.

TASK FORCE ON FAMILIES: FORWARDING A COPY OF THEIR COMPREHENSIVE REPORT ON CHILD SUPPORT COLLECTION IN WESTCHESTER COUNTY, ENTITLED "KIDS CAN’T WAIT". [ON FILE]

Mr. Noto presented the following report and moved that it be received and filed.

RESOLUTION 121-1997: COMMITTEE ON COMMUNITY AFFAIRS: SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW AUTHORIZING THE COUNTY TO AMEND AN AGREEMENT WITH NYNEX CREDIT CORPORATION FOR CENTREX SERVICES. [PUBLIC HEARING SET FOR JULY 21, 1997 AT 7:30 P.M.; LOCAL LAW INTRO 11-1997]

Mrs. Bronz presented Local Law Intro 11-1997, and moved its adoption, which motion was declared carried by the following vote:

Aye: Legislators: Noto, Latimer, Abinanti, Albanese, Bronz, Carsky, Darcy, Delfino, Donovan, LaMotte, Mosiello, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-17.

Nay: None.

ACT 96-1997: COMMITTEE ON COMMUNITY AFFAIRS: AUTHORIZING THE COUNTY TO ENTER INTO IMA’S WITH VARIOUS MUNICIPALITIES WITHIN THE COUNTY FOR THE PROVISION OF SERVICES UNDER THE URBAN YOUTH INITIATIVE "INVEST-IN-KIDS" PROGRAM.

Mrs. Bronz presented the following report and act and moved that the report be received, filed and approved, and the act adopted, which motion was declared carried by the following vote:

AYE: Legislators: Noto, Latimer, Abinanti, Albanese, Bronz, Carsky, Darcy, Delfino, Donovan, LaMotte, Mosiello, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-17.

NAY: None.

ACT 97-1997: COMMITTEE ON BUDGET AND APPROPRIATIONS: AUTHORIZING THE COUNTY TO GRANT AN EASEMENT TO NEW YORK TELEPHONE COMPANY TO CONSTRUCT, PLACE, OPERATE, REPLACE, REMOVE, REPAIR AND MAINTAIN UNDERGROUND SERVICE LINES, PEDESTALS, CONDUITS, A CONTROLLED ENVIRONMENTAL VAULT, A CROSS BOX, MANHOLES, CABLES, WIRES AND FIXTURES UPON, OVER AND UNDER CERTAIN PROPERTY ALONG PLAYLAND PARKWAY IN RYE.

Mrs. Bronz laid Act 97-1997" OVER" under the Rules.

RESOLUTION 122-1997: MRS. LA MOTTE: DEATH OF HERBERT E. MORRIS; MR. NOTO: DEATH OF MARIO FRANK RICCARDI, JR., MR. NOTO AND MR. LATIMER: EDMOND KARLSRUD; MR. WISHNIE: DEATH OF TONI H. NOLAN, JOSEPH MUTH; ALL LEGISLATORS: MRS. VELELLA; MR. LATIMER: GEORGE DEPAUW; MRS. STEWART-COUSINS: JOANNE KAVANAUGH; MR. ALBANESE: MSGR. MALTESE; MR. YOUNG: CHARLES DRYE; MRS. SPRECKMAN: DEATH OF ANTHONY G. RAIMONDI.

THE ABOVE-NAMED LEGISLATORS PRESENTED THE FOLLOWING MEMORIAL RESOLUTION AND MOVED ITS ADOPTION, WHICH WAS DECLARED ADOPTED.

6TH DISTRICT (MR. NOTO): MOVE THAT WHEN THE BOARD ADJOURNS, IT ADJOURNS TO MEET ON JULY 21, 1997 AT 7:00 P.M.

.

ON MOTION OF LEGISLATOR OROS, THE BOARD ADJOURNS.