5/25/99

THE COUNTY BOARD OF LEGISLATOR MET PURSUANT TO ADJOURNMENT

THE HONORABLE GEORGE LATIMER IN THE CHAIR.

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

THE ROLL CALL RESULTED AS FOLLOWS:

LEGISLATORS: ABINANTI, NOTO, BRONZ, CARSKY, KAPLOWITZ, LAMOTTE, MAISANO, MOSIELLO, OROS, PINTO, RYAN, SPRECKMAN, STEWART-COUSINS, SWANSON, WISHNIE, YOUNG, CHAIRMAN – 17.

MOTION: APPROVAL OF THE MINUTES: MR. ABINANTI MOVED THAT THE MINUTES OF MAY 10, 1999 BE APPROVED – CARRIED.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $2,200,000 in bonds – Michaelian Office Building Modernization was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $1,900,000 in bonds – Air Conditioning Equipment Replacement and Chloroflouro Carbons, DPW Locations was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $88,000 in bonds – Putnam Right-of-Way/South County Trailway Improvements was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $360,000 in bonds, Bronx River Parkway over Bronx River, North of Leewood Drive – Yonkers and Eastchester was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $240,000 in bonds – Bronx River Parkway over Bronx River, South of Leewood Drive, Yonkers and Eastchster was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $500,000 in bonds – Mamaroneck Avenue, White Plains/Harrison/Mamaroneck was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $600,000 in bonds – Westchester Avenue, East and Westbound, between White Plains Avenue and Purchase Street was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $200,000 in bonds – Tuckahoe Road, Yonkers was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $400,000 in bonds – Park Wide Comfort Station Rehabilitation was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $125,000 in bonds – Mohansic Golf Course Rehabilitation, Tees/Greens was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $1,100,000 in bonds – Dunwoodie Golf course Parking Improvements was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $100,000 in bonds – V.E. Macy Park Improvements was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $150,000 in bonds – General Infrastructure Program – Pathways and Trails was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $450,000 in bonds – Colonnade Rehabilitation was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $700,000 in bonds – Playland Infrastructure Reconstruction was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $3,920,000 in bonds – Bus Acquisition FTA14 was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $550,000 in bonds – Sprout Brook Ash Disposal Phase IV was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act Amendment: Authorizing the issuance of $1,600,000 in bonds – Pump Station Rehabilitation Program – Ossining Sanitary Sewer District was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $8,800,000 in bonds – Yonkers Joint Treatment Plant – Engine Replacement and Blower Reconditioning was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of $1,250,000 in bonds to finance the work necessary to utilize Croton Point Landfill Gas as fuel to generate electrical power to serve Croton Point Park, the pump stations for the Croton Point Landfill leachate collection system and fuel for boilers at nearby Metro-North Facilities was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Local Law: Request for authorization to amend Sections 863.312(2) and 863.313 of the Westchester County Consumer Protection Code to include landscapers was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: COUNTY EXECUTIVE: Community Development Block Grant: Proposed Act authorizing the County to enter into cooperation agreements with municipalities to receive CDBG Funds as an Urban County was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations and Committee on Community Affairs and Housing.

COMMUNICATION: COUNTY EXECUTIVE: Local Law: Local Law amending the Laws of Westchester County with regard to the duties of the Purchasing Agent was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: COUNTY EXECUTIVE: Solid Waste Management Plan: Forwarding a resolution for the purposes of carrying out the procedures set forth under State law relating to the County’s Comprehensive Solid Waste Management Plan was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: COUNTY EXECUTIVE: Westchester County Agricultural and Farmland Protection Board: Proposed Act creating a Westchester County Agricultural and Farmland Protection Board was on motion of Mr. Abinanti received, filed and referred to the Committee on the Environment and Committee on Legislation.

COMMUNICATION: COUNTY EXECUTIVE: Youth Board Appointment: Appointing Joan Valenstein as a member of the Youth Board was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments..

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Ossining Sanitary Sewer District Modification: Forwarding a Resolution passed by the Village of Croton-on-Hudson expressing its pleasure that 354 now-sewered parcels were removed from the Ossining Sanitary Sewer District and its displeasure with the rules which prevent the remaining 132 properties from being removed from the District was on motion of Mr. Abinanti received, filed and referred to the Committee on the Environment and Committee on Public Works.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: BeeLine Service Cutbacks: Forwarding a letter from a constituent urging the County not to cut back on BeeLine Service was on motion of Mr. Abinanti received, filed and referred to the Committee on Community Affairs and Housing.

COMMUNICATION: HON. URSULA LA MOTTE: Siting of Wireless Telecommunications Equipment: Forwarding a Resolution passed by the Town of Pound Ridge strongly opposing the adoption of State legislation which would preempt local home rule in the siting of wireless telecommunications equipment was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. URSULA LA MOTTE: Early Bar Closings: Forwarding a Resolution passed by the Town of Pound Ridge supporting the efforts of the Board of Legislators to formally request the New York State Liquor Authority to change the bar closing hours from 4:00 a.m. to 2:00 a.m. was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. THOMAS ABINANTI: Siting of Wireless Telecommunications Equipment: Forwarding a Resolution passed by the Village of Tarrytown-on-Hudson strongly opposing the adoption of State legislation which would preempt local home rule in the siting of wireless telecommunications equipment was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: LEGISLATORS ABINANTI, BRONZ AND CARSKY: Siting of Wireless Telecommunications Equipment: Forwarding a Resolution passed by the Town of Greenburgh strongly opposing the adoption of State legislation which would preempt local home rule in the siting of wireless telecommunications equipment was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. RICHARD WISHNIE: Siting of Wireless Telecommunications Equipment: Forwarding a Resolution passed by the Town of Ossining strongly opposing the adoption of State legislation which would preempt local home rule in the siting of wireless telecommunications equipment was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

C0MMUNICATION: HON. GEORGE LATIMER: Trash Hauler’s Legislation: Forwarding a letter from the President of the School Business Administrators Association urging the Board to support the pending Trash Hauler’s Legislation was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. GEORGE LATIMER: Property Tax Reduction for Volunteers: Forwarding letters from County residents in support of property tax reductions for volunteer firefighters, EMS workers and volunteer ambulance corps members was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. GEORGE LATIMER: Early Bar Closings: Forwarding letters from County residents supporting the proposal for earlier bar closings was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. VITO PINTO: Tax Exemption for Persons with Disabilities and Limited Incomes: Forwarding a letter from a constituent requesting that the Board approve a partial tax exemption for persons with disabilities and limited income was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: CLERK OF THE BOARD: Designation of Deputies: Forwarding the Designation of Deputies for the Department of Information Technology was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: HON. GEORGE LATIMER AND HON. WILLIAM RYAN: Inventory of Historical Places: Forwarding a memorandum from the Westchester County Historical Society advising the Board that St. John’s Wilmot Church complex in New Rochelle and the Rye Lake Treatment Plant in Harrison had been added to the Inventory of Historic Places was on motion of Mr. Abinanti received, filed and referred to the Committee on Community Affairs and Housing.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Wetland Permit #023-98: Forwarding a letter from the Bureau of Water Supply, Quality and Protection advising the Yorktown Town Engineer that they will be changing the location of two out of three aerators in the New Croton Reservoir was on motion of Mr. Abinanti received, filed and referred to the Committee on the Environment.

COMMUNICATION: HON. GEORGE OROS: Prevention of Accidents Caused by Sleep-Deprived Drivers: Forwarding a copy of a letter to the County Executive from constituents urging that action be taken to penalize drowsy or sleep-deprived drivers who cause death or injury was on motion of Mr. Abinanti received, filed and referred to the Committee on Public Safety and Criminal Justice.

COMMUNICATION: CITIZEN COMMUNICATION: HON. PAUL FEINER: Safety for Bicycle Sundays: Forwarding an e-mail from one of his constituents expressing concern about the lack of adherence to the rules of safety by those participating in Bicycle Sundays was on motion of Mr. Abinanti received, filed and referred to the Committee on Community Affairs and Housing.

COMMUNICATION: HON. SUZANNE SWANSON: Siting of Wireless Telecommunications Equipment: Forwarding a Resolution passed by the Village of Pleasantville strongly opposing the adoption of State legislation which would preempt local home rule in the siting of wireless telecommunications equipment was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. KATHERINE CARSKY AND HON. VITO PINTO: Siting of Wireless Telecommunications Equipment: Forwarding a Resolution passed by the Village of Bronxville strongly opposing the adoption of State legislation which would preempt local home rule in the siting of wireless telecommunications equipment was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: CITIZEN COMMUNICATION: LEAGUE OF WOMEN VOTERS: Government Reform Package 1999: Forwarding their 1999 Government Reform Package was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation and Committee on County Officers and Departments.

COMMUNICATION: HON. JAMES MAISANO: Golf Course Fees:

Forwarding a constituent letter regarding the ever-increasing fees/charges for Westchester residents to play golf on County courses was on motion of Mr. Abinanti received, filed and referred to the Committee on Community Affairs and Housing.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Sewer Diversion Projects: Forwarding a letter from the Town of Yorktown to County Executive Spano regarding the $38 million for sewer diversion projects in the Croton Watershed was on motion of Mr. Abinanti received, filed and referred to the Committee on Public Works and Committee on the Environment.

COMMUNICATION: HON. KATHERINE CARSKY: Ethics Reform: Forwarding the League of Women Voters of Westchester Ethics Reform Package for 1999 was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation and Committee on County Officers and Departments.

COMMUNICATION: STATE OF NEW YORK REAL PROPERTY SERVICES: Certified 1998 State Equalization Rates: Forwarding a copy of the list of Certified 1998 State Equalization Rates was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: STATE OF NEW YORK REAL PROPERTY SERVICES: Certified 1998 Homestead Provisions: Forwarding the list of the final class equalization rates for those municipalities who adopted the Homestead Provisions was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. GEORGE LATIMER: Proposed Resolution: Forwarding a proposed resolution to co-sponsor the Community Leadership Alliance Program was on motion of Mr. Abinanti received, filed and referred to the Committee on Community Affairs and Housing.

COMMUNICATION: HON. ANDREA STEWART-COUSINS: Trash Haulers Licensing Law: Forwarding four (4) constituent letters in regards to the Trash Haulers Licensing Law was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. SUZANNE R. SWANSON: WCHCC Resolution: Forwarding a certified copy of a resolution from the WCHCC which provides that the Corporation shall be governed by a 15 member Board of Directors with staggered terms was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments..

COMMUNICATION: VILLAGE OF BRIARCLIFF MANOR: Lead Agency Findings Statement: Forwarding the Lead Agency Findings Statement on Briar Hall Golf Course & Residential Development was on motion of Mr. Abinanti received, filed and referred to the Committee on the Environment.

COMMUNICATION: HON. RICHARD WISHNIE AND HON. MICHAEL KAPLOWITZ: Millennium Pipeline: Forwarding a Petition from Westfair Property Management signed by residents of Ledgewood Commons concerned about the pipeline was on motion of Mr. Abinanti received, filed and referred to the Committee on the Environment.

RESOLUTION 87-1999: COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON THE ENVIRONMENT: Light General Aviation Facilities: Setting a public hearing on a proposed local law authorizing the County to enter into lease agreements with Westair Aviation Services, LLC and Panorama Flight Service, Inc. for terms of 30 years for the construction and operation of two light general aviation facilities at Westchester County Airport. [Public Hearing set for June 7, 1999, at 7:30 p.m.: Local Law Intro 6-1999]

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

RESOLUTION 88-1999: COMMITTEE ON BUDGET AND APPROPRIATIONS: NACO RESOLUTION: FORWARDING THE 1999 NACO JULY CONVENTION VOTE DISTRIBUTION.

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

ACT 101-1999: COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON PUBLIC SAFETY AND CRIMINAL JUSTICE: Mutual Aid Plan: Authorizing the County of Westchester to enter into written agreements in the Westchester County Emergency Medical Services Mutual Aid Plan.

Act 101-1999 was laid "OVER" under the Rules by Mr. Oros.

RESOLUTION 89-1999: COMMITTEE ON BUDGET AND APPROPRIATIONS: WCHCC Easement Environmental: Finding that there will be no significant impact on the environment from the adoption of an act to grant an easement to the Westchester County Health Care Corporation for the installation, maintenance and repair of a gas line to serve the laundry building on the Grasslands Reservation.

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

ACT 102-1999: COMMITTEE ON BUDGET AND APPROPRIATIONS: Con Edison Easement: Authorizing the County to grant a permanent easement to the Consolidated Edison Company of New York for the installation, maintenance and repair of a gas line on the Grasslands Reservation in the Town of Mount Pleasant.

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: Abinanti, Noto, Bronz, Carsky, Kaplowitz, LaMotte, Maisano, Mosiello, Oros, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-17.

NAY: None.

ACT 103-1999: COMMITTEE ON BUDGET AND APPROPRIATIONS: WCHCC Easement: Authorizing the County to grant an easement to the Westchester County Health Care Corporation for the installation, maintenance and repair of a gas line to serve the Laundry Building on the Grasslands Reservation in the Town of Mount Pleasant.

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: Abinanti, Noto, Bronz, Carsky, Kaplowitz, LaMotte, Maisano, Mosiello, Oros, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-17.

NAY: None.

RESOLUTION 90-1999: COMMITTEE ON LEGISLATION: Home Rule Request: Urging support of A7272-A and S4361-A, "An Act to amend the Retirement and Social Security Law, in relation to establishing a presumption that heart disease in Correction Officers employed by Westchester County was incurred in performance of duty".

Mrs. Stewart-Cousins presented the following resolution and moved its adoption, which was declared adopted.

RESOLUTION 91-1999: COMMITTEE ON LEGISLATION: Home Rule Request: Urging support of A.7129 and S.3806, "An Act to amend the Retirement and Social Security Law, in relation to performance of duty disability retirement for Correction Officers of the County of Westchester".

Mrs. Stewart-Cousins presented the following resolution and moved its adoption, which was declared adopted.

RESOLUTION 92-1999: COMMITTEE ON LEGISLATION: Home Rule Request: Urging support of A.7999-A and S.4769-A, "An Act to authorize Correction Officers of the County of Westchester who failed to make a timely election for twenty-five year retirement benefit plan, to make such election".

Mrs. Stewart-Cousins presented the following resolution and moved its adoption, which was declared adopted.

RESOLUTION 93-1999: COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: African-American Advisory Board Appointment: Confirming the appointment of Malcolm D. Reid, M.D. as a member of the African-American Advisory Board.