THE COUNTY BOARD OF LEGISLATORS 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, SWANSON, WISHNIE, YOUNG, CHAIRMAN-16.

 

MOTION:  APPROVAL OF THE MINUTES:  MR. ABINANTI MOVED THAT THE MINUTES OF OCTOBER 16, 2000 BE APPROVED – CARRIED.

 

PUBLIC HEARING:  145 Huguenot Street Lease:  COMMITTEE ON BUDGET AND APPROPRIATIONS:  LOCAL LAW INTRO 25-2000:  Authorizing the County to amend a lease with Rotterdam Ventures, Inc. to provide for increased parking facilities, as well as the provision of certain supplies by the Landlord in conjunction with the lease of space at 145 Huguenot Street in New Rochelle.

 

The Clerk presented proof of publication of the notice of public hearing and read the rules for its conduct.  There were no speakers.

 

No other persons wishing to be heard, the public hearing was closed.

 

PUBLIC HEARING:  20-year Retirement Program – DA Investigators:  COMMITTEE ON BUDGET AND APPROPRIATIONS:  LOCAL LAW INTRO 26-2000:  In relation to the adoption of a twenty-year retirement plan for Criminal Investigators in the employ of the Westchester County District Attorney.

 

The Clerk presented proof of publication of the notice of public hearing and read the rules for its conduct.  There was one speaker.

 

No other persons wishing to be heard, the public hearing was closed.

 

PUBLIC HEARING:  Pesticide Notification:  COMMITTEE ON LEGISLATION, COMMITTEE ON THE ENVIRONMENT AND COMMITTEE ON HEALTH:  LOCAL LAW INTRO 27-2000:  Adding Chapter 691 to the Laws of Westchester County in accordance with Section 33-1004 of the New York State Environmental Conservation Law with regard to pesticide notification.

 

The Clerk presented proof of publication of the notice of public hearing and read the rules for its conduct.  There were 28 speakers.

 

No other persons wishing to be heard, the public hearing was closed.

 

PUBLIC HEARING:  Home Improvement Licensing:  COMMITTEE ON LEGISLATION:  LOCAL LAW INTRO 29-2000:  Regarding Licensing of Home Improvement Business as contained in the Consumer Protection Code and Increasing Penalties for Violators of the Consumer Protection Code.

 

The Clerk presented proof of publication of the notice of public hearing and read the rules for its conduct.  There were no speakers.

 

No other persons wishing to be heard, Mr. Abinanti declared the public hearing closed and the regular order of business was resumed. 

 

RESOLUTION 210-2000:  UNFINISHED BUSINESS:  Creation of Agricultural District:  COMMITTEE ON THE ENVIRONMENT:  Setting a Public Hearing on the proposed creation of a Westchester County Agricultural District.  [Public Hearing set for November 13, 2000 at 7:30 p.m.]

 

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

 

 

COMMUNICATIONS:  COUNTY EXECUTIVE:  Gift Acceptance:  Acceptance of a gift from The Birnbaum Foundation, Inc. to be used to support the production of The Nutcracker was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  COUNTY EXECUTIVE:  Gift Acceptance:  Acceptance of a gift from Fuji Photo Film U.S.A. for sponsorship of the New York Philharmonic Concert was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  COUNTY EXECUTIVE:  Gift Acceptance:  Acceptance of a gift from Combe, Inc. to be used to support the production of The Nutcracker was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  COUNTY EXECUTIVE:  Rockland IMA’s:  Proposed Legislation authorizing the County to enter into IMA’s with the County of Rockland to engage the services of the Westchester County Department of Laboratories for a period of two years, commencing January 1, 2000 through December 31, 2001 was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  HON. KATHERINE CARSKY AND HON. URSULA LA MOTTE:  Cable Television Special Franchise Assessments:  Forwarding a letter from an attorney regarding cable television special franchise assessments was on motion of Mr. Abinanti received, filed and referred to the Committee on Community Affairs and Committee on Budget and Appropriations.

 

COMMUNICATION:  HON. VITO PINTO AND HON. URSULA LA MOTTE:  Ban of Cell Phones:  Forwarding a letter from a County resident supporting the proposal to ban the use of hand-held cell phones while driving was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation and Committee on Public Safety and Criminal Justice.

 

COMMUNICATION: HON. VITO PINTO:  Lakeside Road Bridge/Deans Bridge:  Forwarding a letter from the Project Manager of the Lakeside Road Bridge/Deans Bridge Project regarding the status of the “Order of Abandonment” for the Dean’s and Lakeside Bridges was on motion of Mr. Abinanti received, filed and referred to the Committee on Public Works.

 

COMMUNICATION:  HON. VITO PINTO:  Plum Brook Lake:  Forwarding a letter from a Somers resident regarding flooding in his neighborhood was on motion of Mr. Abinanti received, filed and referred to the Committee on Public Works.

 

COMMUNICATION:  HON. GEORGE LATIMER:  Suspension of County sales tax on the sale of heating oil and gasoline:  Forwarding a copy of his letter to the Chairman of the Committee on Budget and Appropriations asking that his Committee review the proposed suspension of the collection of County sales tax on heating oil and gasoline was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations and Committee on Economic Development.

 

COMMUNICATION:  HON. GEORGE LATIMER:  County-wide multi-use sports facility:  Forwarding a letter from a resident of the Village of Mamaroneck regarding the Village’s interest in the development of a modern County-wide, multi-use sports facility was on motion of Mr. Abinanti received, filed and referred to the Special Committee on Parks and Committee on Community Affairs.

 

COMMUNICATION:  HON. GEORGE LATIMER:  Pesticide Notification Law:  Forwarding a letter from the Chief of the New York State Attorney General’s Environmental Protection Bureau urging the Board to support the Pesticide Notification Law was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation and Committee on the Environment.

 

COMMUNICATION:  HON. KATHERINE CARSKY, HON LOIS BRONZ AND HON. CLINTON YOUNG:  Westchester Library Service:  Forwarding a letter from the President and Director of the Westchester Library System requesting support for the WLS Budget proposals for 2001 was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  HON. SUZANNE SWANSON:  Saw Mill Sewer Modification:  Forwarding a Resolution passed by the Town of Mount Pleasant regarding an additional property who has requested removal from the County’s Saw Mill Sanitary Sewer District was on motion of Mr. Abinanti received, filed and referred to the Committee on Public Works.

 

COMMUNICATION:  HON. LOUIS MOSIELLO AND HON. KATHERINE CARSKY:  Market Basket Surveys:  Forwarding a Resolution passed by the City of Yonkers requesting that the Department of Consumer Affairs include two-separate market basket surveys – one near the end of a given month and one near the beginning of the following month – to help determine whether the allegations of timed price increases are accurate was on motion of Mr. Abinanti received, filed and referred to the Committee on Community Affairs and Special Committee Economic Development.

 

 

 

COMMUNICATION:  HON. URSULA LA MOTTE:  Ban of Cell Phones:  Forwarding a letter from a County resident supporting the proposal to ban the use of hand-held cell phones while driving was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

 

COMMUNICATION:  HON. KATHERINE CARSKY:  Polluted Run-off:  Forwarding an article entitled Storm Warning – Phase II NPDES Stormwater Rule Issued was on motion of Mr. Abinanti received, filed and referred to the Committee on the Environment.

 

COMMUNICATION:  COUNTY ATTORNEY:  Designation of Outside Counsel:  Proposed Act authorizing the designation of outside counsel in the matter of Shani Gashi v. County of Westchester was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  HON. GEORGE LATIMER:  Millennium Pipeline:  Forwarding a Resolution passed by the City of Mount Vernon opposing the application of Columbia Gas Transmission Corporation for the proposed construction, installation and operation of the Millennium Pipeline in the City of Mount Vernon was on motion of Mr. Abinanti received, filed and referred to the Committee on the Environment, Committee on Community Affairs and Committee on Health.

 

COMMUNICATION:  HON. URSULA LA MOTTE:  Wicks Law:  Forwarding a Resolution from the Katonah-Lewisboro School District urging the State to give serious consideration to revoking the Wicks Law in school districts throughout the State was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation and Committee on Labor.

 

COMMUNICATION:  HON. LOUIS MOSIELLO:  Rory O’Moore Park:  Forwarding a copy of a letter to the Chair of the Special Committee on Housing and the Chairman of the Committee on Budget and Appropriations re:  Rory O’Moore Park was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations and was on motion of Mr. Abinanti received, filed and referred to the Special Committee on Housing and Committee on Budget and Appropriations.

 

COMMUNICATION:  HON. URSULA LA MOTTE:  Library Funding:  Forwarding a letter from the Bedford Town Libraries seeking funding for the replacement and/or renovation of circulation desks was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

 

 

 

 

COMMUNICATION:  HON. GEORGE LATIMER:  Sales Tax Rescission:  Forwarding a letter from the Budget Director regarding the proposed sales tax rescission on fuel oil and heating gas was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations and Special Committee on Economic Development.

 

COMMUNICATION:  COUNTY ATTORNEY:  Outside Counsel:  Proposed Act authorizing the retention of outside counsel in the matter of Farley Granger v. Westchester County, et al. was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  HON. PAUL NOTO:  West Nile SEQR Lead Agency Status:  Forwarding a memorandum and proposed legislation from the County Attorney re:  SEQR Lead Agency Status was on motion of Mr. Abinanti received, filed and referred to the Committee on Health.

 

COMMUNICATION:  COUNTY ATTORNEY:  Lawsuit Settlement:  Proposed legislation authorizing the County Attorney to settle the lawsuit entitled Briante Building Corp. v. County of Westchester Index No. 97-12037 was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

 

LOCAL LAW INTRO. 25-2000:  COMMITTEE ON BUDGET AND APPROPRIATIONS:  145 Huguenot Street Lease:   Authorizing the County to amend a lease with Rotterdam Ventures, Inc. to provide for increased parking facilities, as well as the provision of certain supplies by the Landlord in conjunction with the lease of space at 145 Huguenot Street in New Rochelle.

 

          Mr. Wishnie presented the following Local Law and moved its adoption, which motion was carried by the following vote:

 

          AYE:  Legislators:  Abinanti, Noto, Bronz, Carsky, Kaplowitz, LaMotte, Maisano, Mosiello, Oros, Pinto, Ryan, Spreckman, Swanson, Wishnie, Young, Chairman-16.

 

          NAY:  None.

 

 

LOCAL LAW INTRO 26-2000:  COMMITTEE ON BUDGET AND APPROPRIATIONS:  Twenty-year Retirement for DA Investigators:   In relation to the adoption of a Twenty-Year Retirement Plan for Criminal Investigators in the employ of the Westchester County District Attorney’s Office pursuant to Section 603-h(2) of the New York State Retirement and Social Security Law.

 

          Mr. Wishnie presented the following Local Law and moved its adoption, which motion was carried by the following vote:

 

          AYE:  Legislators:  Bronz, Carsky, Kaplowitz, LaMotte, Maisano, Mosiello, Oros, Pinto, Ryan, Spreckman, Swanson, Wishnie, Young, Chairman-15.

 

          NAY:  None.

 

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

 

 

ACT 201-2000:  COMMITTEE ON BUDGET AND APPROPRIATIONS:  2000 Operating Budget Amendment:  Amending the 2000 Operating Budget – Various Golf Courses.

 

          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, Swanson, Wishnie, Young, Chairman-16.

 

          NAY:  None.

ACT 202-2000:  COMMITTEE ON BUDGET AND APPROPRIATIONS:  2000 Operating Budget Amendment:  Amending the 2000 Operating Budget (+$300,000:  Board of Elections; -$300,000:  Certiorari Proceedings).

 

          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, Swanson, Wishnie, Young, Chairman-16.

 

          NAY:  None.

 

ACT 203-2000:  COMMITTEE ON BUDGET AND APPROPRIATIONS:  Designation of Outside Counsel:  Designating an attorney to be retained to represent Robert Del Bene, employee of the Westchester County Department of Correction, in the lawsuit of John Anthony Bartolini v. Joseph Stancari, et al and authorizing the County to pay the designated counsel for legal services rendered in connection with the action.

 

          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, Swanson, Wishnie, Young, Chairman-16.

 

          NAY:  None.

ACT 204-2000:  COMMITTEE ON BUDGET AND APPROPRIATIONS:  E911 Surcharge Funds:  Authorizing the expenditure of $2,600,000 in E911 surcharge funds for the operation of the E911 system in Westchester County for the year 2000.

 

          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, Swanson, Wishnie, Young, Chairman-16.

 

          NAY:  None.

 

RESOLUTION 211-2000: COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON HOUSING:  125 South Fourth Avenue Property Environmental:  Finding that there will be no significant impact on the environment from the adoption of legislation to authorize the County to purchase property located at 125 South Fourth Avenue and a Bond Act to authorize the issuance of $400,000 in bonds to finance the acquisition.

 

          Resolution 211-2000 was laid “OVER” under the Rules by Mrs. Carsky.

 

 

 

ACT 205-2000:  COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON HOUSING:  125 South Fourth Avenue Acquisition:   Authorizing the County to purchase real property located at 125 South Fourth Avenue in the City of Mount Vernon for the purpose of providing affordable housing and to convey said real property for the purpose of providing nine units of affordable housing for a period of 30 years.

 

          Act 205-2000 was laid “OVER” under the Rules by Mrs. Carsky.

 

BOND ACT 206-2000:  COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON HOUSING:  125 South Fourth Avenue Bond Act:   Authorizing the issuance of $400,000 in bonds – Acquisition of property located at 125 South Fourth Avenue in Mount Vernon.

 

          Act 206-2000 was laid “OVER” under the Rules by Mrs. Carsky.

 

 

 

LOCAL LAW INTRO 29-2000:  COMMITTEE ON LEGISLATION:  Home Improvement Licensing:  Regarding Licensing of Home Improvement Business as contained in the Consumer Protection Code and Increasing Penalties for Violators of the Consumer Protection Code.

 

          Mr. Wishnie presented the following Local Law and moved its adoption, which motion was carried by the following vote:

 

          AYE:  Legislators:  Noto, Bronz, Carsky, Kaplowitz, LaMotte, Maisano, Mosiello, Oros, Pinto, Ryan, Spreckman, Wishnie, Chairman-13.

 

          NAY:  Legislator Swanson-1.

 

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

 

          Mr. Young disclosed that he owns a business and holds a home improve license.  The County Attorney ruled that under the circumstances Mr. Young should recuse himself, which he did.

 

 

 

 

LOCAL LAW INTRO 27-2000:  COMMITTEE ON LEGISLATION, COMMITTEE ON HEALTH AND COMMITTEE ON THE ENVIRONMENT:  Pesticide Notification:  LOCAL LAW INTRO 27-2000:  Adding Chapter 691 to the Laws of Westchester County in accordance with section 33-1004 of the New York State Environmental Conservation Law with regard to pesticide notification.

 

          Mr. Latimer recommitted Local Law Intro 27-2000.

 

 

RESOLUTION 212-2000:  COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS:  Housing Opportunity Commission Appointment:  Confirming the appointment of Eduardo LaGuerre as a member of the Housing Opportunity Commission.

 

          Mrs. LaMotte presented the following resolution and moved its adoption, which motion was declared adopted.

 

 

 

RESOLUTION 213-2000:  COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS:  Traffic Safety Board Appointment::  Confirming the appointment of Rita Marone as a member of the Traffic Safety Board.

 

          Mrs. LaMotte presented the following resolution and moved its adoption, which motion was declared adopted.

 

 

 

RESOLUTION 214-2000:  COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS:  Traffic Safety Board Appointment:   Confirming the appointment of David Speidell as a member of the Traffic Safety Board.

 

          Mrs. LaMotte presented the following resolution and moved its adoption, which motion was declared adopted.

 

 

 

RESOLUTION 215-2000:  COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS:  Traffic Safety Board Appointment:  Confirming the appointment of Hugh J. Greechan, Jr. as a member of the Traffic Safety Board.

 

          Mrs. LaMotte presented the following resolution and moved its adoption, which motion was declared adopted.

 

 

 

RESOLUTION 188-2000:  SPECIAL COMMITTEE ON PARKS:  Restoration of Friday as Weekday on County Golf Courses:  Requesting that the Administration immediately restore Friday as an official weekday at Westchester County public courses, along with the restoration of the reduced weekday rates for seniors and other golfers on Friday.

 

          Mr. Latimer recommitted Resolution 188-2000.

SPECIAL ORDERS:  Ethics Waiver:  RESOLUTION 216-2000:  Approving the request of Salvatore A. DeSantis for a waiver of Section 883.21(i)(3) of the Westchester County Code of Ethics to permit him to accept a position as a paid consultant to the County.

 

          Mrs. LaMotte presented the following resolution and moved its adoption, which motion was declared adopted 14-1 WITH Mr. Noto being recorded in the negative.

 

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

 

 

MOTIONS, RESOLUTIONS:  12^th District (Mr. Abinanti):  Move that when the Board adjourns, it adjourns to meet on November 13, 2000 at 7:00 p.m.-Carried.

 

 

 

RESOLUTION 217-2000:  Memorial Resolutions:  Mr. Oros:  Death of Carl R. Olson; Mrs. LaMotte:  Death of Maria Fazzinga; Mr. Kaplowitz:  Death of Catherine Ottaviano; Mr. Pinto:  Death of Angela Morra, Albert Petrone, Antionette Marvullo; Mrs. Spreckman:  Death of Eva Sturgeon Durkot, Amelia Mazzella Tantillo.

 

The above-named legislators presented the following memorial resolutions and moved their adoption, which was declared adopted.

 

 

On MOTION of Legislator Abinanti, the Board adjourned.