03/13/2000

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, CARSKY, KAPLOWITZ, LAMOTTE, MAISANO, MOSIELLO, OROS, PINTO, RYAN, SPRECKMAN, STEWART-COUSINS, SWANSON, WISHNIE, YOUNG, CHAIRMAN-16.

MOTION: APPROVAL OF THE MINUTES: MR. ABINANTI MOVED THAT THE MINUTES OF FEBRUARY 22, 2000 3:00 P.M. (SPECIAL MEETING), FEBRUARY 22, 2000 3:05 P.M. (SPECIAL MEETING) FEBRUARY 28, 2000 (REGULAR MEETING) BE APPROVED – CARRIED.

RESOLUTION 9-2000: UNFINISHED BUSINESS: COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON THE ENVIRONMENT: Lake Street Property Purchase Environmental: Finding that there will be no significant impact on the environment from the adoption of legislation which would authorize the County to purchase approximately 9.5 acres of real property located on Lake Street in the City of White Plains.

Mr. Wishnie and Mr. Kaplowitz recommitted Resolution 9-2000.

ACT 26-2000: UNFINISHED BUSINESS: COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON THE ENVIRONMENT: Lake Street Property Purchase Authorization: Authorizing the County to purchase real property located on Lake Street in the City of White Plains and consisting of approximately 9.5 acres, for general municipal purposes.

Mr. Wishnie and Mr. Kaplowitz recommitted Act 26-2000.

BOND ACT 27-2000: UNFINISHED BUSINESS: COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON THE ENVIRONMENT: Lake Street Property Purchase Bond Act: Authorizing the issuance of $1,025,000 in bonds – to finance the cost of land acquisition in the City of White Plains pursuant to the County’s New Homes Land Acquisition Fund Program for general municipal purposes.

Mr. Wishnie and Mr. Kaplowitz recommitted Act 27-2000.

(BOND) ACT 32-2000: (AS AMENDED): UNFINISHED BUSINESS: COMMITTEE ON BUDGET AND APPROPRIATOINS AND COMMITTEE ON THE ENVIRONMENT: Hudson Hills Bond Act: (BOND) ACT 32-2000: Authorizing the issuance of $1,000,000 in bonds – Hudson Hills Golf Course Design.

Mr. Wishnie, seconded by Mrs. LaMotte, moved to amend Act 32-2000 from $1,000,000 to $750,000, which motion was approved 14-1 with Mrs. Carsky being recorded in the negative.

Mr. Mosiello was out for the vote.

COMMUNICATION: COUNTY EXECUTIVE: Annual Report – Department of Community Mental Health: Forwarding the 1999 Annual Report of the Department of Community Services was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Department.

COMMUNICATION: COUNTY EXECUTIVE: Human Rights Commission Appointment: Appointing Paul Ryan as a member of the Human Rights Commission was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Human Rights Commission Appointment: Appointing Dorothy M. Finger as a member of the Human Rights Commission was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Human Rights Commission Appointment: Appointing Donald N. Silverman, Esq. as a member of the Human Rights Commission was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Human Rights Commission Appointment: Appointing M. Paul Redd as a member of the Human Rights Commission was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Human Rights Commission Appointment: Appointing George Castellanos, Ph.D. as a member of the Human Rights Commission was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Human Rights Commission Appointment: Appointing Dr. Gregory R. Smith as a member of the Human Rights Commission was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Human Rights Commission Appointment: Appointing Maria Gagliardo as a member of the Human Rights Commission was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Human Rights Commission Appointment: Appointing Mariana O’Dwyer as a member of the Human Rights Commission was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUONTY EXECUTIVE: Human Rights Commission Appointment: Appointing Chevon Fuller as a member of the Human Rights Commission was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Human Rights Commission Appointment: Appointing Barbara Grace as a member of the Human Rights Commission was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Human Rights Commission Appointment: Appointing Eugene Conroy as a member of the Human Rights Commission was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Human Rights Commission Appointment: Appointing Wendy Serkin as a member of the Human Rights Commission was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Human Rights Commission Appointment: Appointing Barry M. Kramer as a member of the Human Rights Commission was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Human Rights Commission Appointment: Appointing Shelley M. Klein as a member of the Human Rights Commission was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Solid Waste Executive Director Appointment: Appointing Roger R. Rokicki as Executive Director of the Westchester County Solid Waste Commission was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Hillpoint Property Purchase: Proposed legislation authorizing the County to acquire an undivided 50% interest in the Southern portion of the Hillpoint Property was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations and Committee on the Environment.

COMMUNICATION: COUNTY EXECUTIVE: Gift Acceptance: Acceptance of a gift from DynMeridian Company of DL/DAS to be used by the District Attorney was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXEUCTIVE: Endangered Species List: Proposed act authorizing the Parks Commissioner to establish a list of endangered species, threatened species and species of special concern, and to designate certain County parkland as critical habitats or biodiversity reserves for the preservation of same was on motion of Mr. Abinanti received, filed and referred to the Committee on Parks and Recreation and Committee on the Environment.

COMMUNICATION: COUNTY EXECUTIVE: Gift Acceptance: Acceptance of a gift from the National Association of Prosecutor Coordinators to be used by the “ROAD” Program was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Court-Ordered Certiorari Refunds: Forwarding a package of Court-Ordered Certiorari Refunds was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

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

COMMUNICATION: COUNTY EXECUTIVE: Peekskill Sanitary Sewer District Modification: Proposed Legislation authorizing the modification of the boundary line of the Peekskill Sanitary Sewer District to include 7 parcels of property was on motion of Mr. Abinanti received, filed and referred to the Committee on Public Works.

COMMUNICATION: COUNTY EXECUTIVE: Authorizing the Institution of Legal Proceedings against Con Ed, et al: Proposed Act authorizing the institution of legal proceedings against Con Edison, et al to challenge, among other things, the imposition on ratepayers of additional costs incurred by Con Edison as the result of the Indian Point Shutdown was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. GEORGE LATIMER: Wetlands Designations: Forwarding a letter from the Westchester Chapter Director of the New York State League of Conservation Voters regarding the State Department of Environmental Conservation and its designation of wetlands was on motion of Mr. Abinanti received, filed and referred to the Committee on the Environment.

COMMUNICATION: HON. LOUIS MOSIELLO: Trigger Lock Proposal: Forwarding a letter from a constituent expressing opposition to the proposed Trigger Lock Law was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: CITIZEN COMMUNICATION: WESTCHESTER COMMUNITY COLLEGE FEDERATION OF TEACHERS: Distance Learning Program: Forwarding their informational flyer regarding problems to be negotiated on the implementation of the Distance Learning Program was on motion of Mr. Abinanti received, filed and referred to the Committee on Labor.

COMMUNICATION: CITIZEN COMMUNICATION: SUPERVISOR PAUL FEINER: MTBE Ban: Proposing that the County ban the use of MTBE in gasoline sold in Westchester was on motion of Mr. Abinanti received, filed and referred to the Committee on the Environment.

COMMUNICATION: HON. URSULA LA MOTTE: Human Rights Commission Candidate: Forwarding the resume of a constituent interested in serving on the County’s Human Rights Commission was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: HON. LOUIS MOSIELLO: Relocation of Mentally Ill: Forwarding a newspaper article entitled Westchester County plan would relocate mentally ill was on motion of Mr. Abinanti received, filed and referred to the Committee on Community Affairs.

COMMUNICATION: HON. URSULA LA MOTTE: Trigger Lock Proposal: Forwarding a letter from a constituent expressing opposition to the proposed Trigger Lock Law was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: COUNTY ATTORNEY: Compromise of Claim: Proposed Act authorizing the County Attorney to compromise a claim of Westchester County for business interruption losses at 100 East 1^st Street, Mount Vernon, as the result of a fire that occurred on March 11, 1999 was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: LEGISLATORS LATIMER, NOTO, SWANSON AND KAPLOWITZ: Child Care Council Recommendations: Forwarding recommendations from the Child Care Council of Westchester for public policy actions to improve the child care system was on motion of Mr. Abinanti received, filed and referred to the Committee on Community Affairs.

COMMUNICATION: HON. LOIS BRONZ: Housing Coalition: Forwarding the agenda from the Westchester Non-Profit Housing Coalition Legislative Breakfast was on motion of Mr. Abinanti received, filed and referred to the Committee on Housing.

COMMUNICATION: HON. GEORGE OROS: Hillpoint Property Acquisition: Forwarding a letter from the Cortlandt Town Attorney regarding the proposed acquisition of the Hillpoint Property was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations and Committee on the Environment.

COMMUNICATION: HON. GEORGE OROS: Pathways to Housing: Forwarding a letter from the President of Shore expressing concern about the County’s decision to sign a contract with Pathways to Housing was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations and Committee on Community Affairs.

COMMUNICATION: HON. GEORGE OROS: Pathways to Housing: Forwarding a letter from the President of G.S. Horace, Inc. expressing concern about the County’s decision to sign a contract with Pathways to Housing was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations and Committee on Community Affairs.

COMMUNICATION: LEGISLATORS LA MOTTE, PINTO AND RYAN: MTBE: Forwarding a Resolution introduced in the Suffolk County Legislature which would ban the use of MTBE in gasoline sold in Suffolk County was on motion of Mr. Abinanti received, filed and referred to the Committee on the Environment.

COMMUNICATION: HON. RICHARD WISHNIE: Removal of Properties from Ossining and Yonkers Sanitary Sewer District: Forwarding a Resolution passed by the Village of Briarcliff Manor and the finalized listing of parcels in the Village to be removed from the Ossining and Yonkers Sanitary Sewer District was on motion of Mr. Abinanti received, filed and referred to the Committee on Public Works.

COMMUNICATION: COUNTY ATTORNEY: Expansion of June Road Cemetery: Proposed legislation in relation to the application for expansion of June Road Cemetery in the Town of North Salem was on motion of Mr. Abinanti received, filed and referred to the Committee on the Environment.

NOTICES AND PETITIONS: Notice of Petition: Douglas A. Kenny and Michael Richman against Board of Trustees of Westchester Community College, et al. was on motion of Mr. Abinanti received, filed and referred to the County Attorney.

Notice of Claim: Diamaris Gonzalez against Westchester County was on motion of Mr. Abinanti received, filed and referred to the County Attorney.

Order to Show Cause: Anthony Futia et al against North Castle Town Board, et al. was on motion of Mr. Abinanti received, filed and referred to the County Attorney.

Notice of Appeal: Anthony Futia et al against Andrew Spano, et al. was on motion of Mr. Abinanti received, filed and referred to the County Attorney.

Summons: Mamie Williams against Liberty Lines Transit, et al. was on motion of Mr. Abinanti received, filed and referred to the County Attorney.

Notice of Claim: Rocco Caldarola against County of Westchester was on motion of Mr. Abinanti received, filed and referred to the County Attorney.

ACT 38-2000: COMMITTEE ON BUDGET AND APPROPRIATIONS: Compromise of Claims Authorization: Authorizing the County Attorney to compromise the County’s right to be reimbursed for health care benefits expended on behalf of the listed insured’s recovery from legal action or settlement.

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, Carsky, Kaplowitz, LaMotte, Maisano, Mosiello, Oros, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-16.

NAY: None.

(BOND) ACT 2000: COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act: Authorizing the issuance of $750,000 in bonds – Design of the Hudson Hills Golf Course.

The above-captioned act was recommitted by Mr. Latimer.

RESOLUTION 43-2000: COMMITTEE ON LEGISLATION AND COMMITTEE ON THE ENVIRONMENT: Home Rule Request: Urging support of A.9537 and S.5256-C, “An Act to authorize the County to transfer an easement on land designated for park purposes for the maintenance of a driveway”.

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

RESOLUTION 44-2000: COMMITTEE ON LEGISLATION: 2000 State Legislative Priorities: Adopting the 2000 State Legislative Priorities.

Legislator Stewart-Cousins presented the 2000 State Legislative Priorities and moved its adoption, which motion was declared carried 16-0 except for the following items:

Item 19: 14-2 with Legislators Oros and Swanson being recorded in the negative

Item 22: 15-1 with Legislator Oros being recorded in the negative.

Item 25: 12-4 with Legislators Maisano, Mosiello, Spreckman and Stewart-Cousins being recorded in the negative.

RESOLUTION 53-2000: COMMITTEE ON LEGISLATION: Solid Waste Law Amendment: Setting a public hearing on a proposed Local Law amending the introduction to the Customer Bill of Rights, set forth in Section 826-a.402(3)(c), and amending Section 826-a.805(2) of the Westchester County Solid Waste and Recyclables Collection Licensing law in order to (1.) correct a typographical error in the introduction of the Customer Bill of Rights; and (2.) to clarify that the customers’ absolute right to terminate at will those Service Contracts entered into prior to March 15, 2000 shall continue for the duration of such contract; shall survive the integration of the Customer Bill of Rights; and shall supersede any right of termination outlined in the Customer Bill of Rights to the contrary. [Public Hearing set for March 27, 2000; at 10:30 A.M; Local Law Intro 3--2000]

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

RESOLUTION 45-2000: COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Millennium Commission: Confirming the appointment of Robin Douglas as a member of the Millennium Commission.