Board Meeting 10/29/01

MINUTES

COUNTYBOARD OF LEGISLATORS

OCTOBER 29, 2001

The CountyBoard of Legislators met pursuant to adjournment.

The Honorable George Latimer in the Chair.

The Chairman opened the meeting with the salute to our flag and an invocation offered by Legislator Clinton I. Young, Jr.

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.

Motion – Approval of Minutes: Mr. Abinanti moved the the minutes of the meetings held on October 1, 2001 and October 15, 2001 be approved – Carried.

UNFINISHED BUSINESS: COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON HOUSING: Kensico Avenue Environmental: RES 247-2001: Finding that there will be no significant impact on the environment from the adoption of legislation to authorize the County to purchase approximately 18,500 square feet of property located at 24 South Kensico Avenue in the City of White Plains and convey the property for the purpose of providing affordable housing.

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

UNFINISHED BUSINESS: COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON HOUSING: Kensico Avenue Property Purchase: ACT 221-2001: Authorizing the County to purchase approximately 18,500 square feet of property located at 24 South Kensico Avenue in the City of White Plains and convey the property for the purpose of providing affordable housing.

Mr. Wishnie presented the following report and act and moved that the report be received, filed and approved and the act adopted.

Mr. Abinanti moved to amend Act 221-2001 as follows: Subsitute Sections 5, 6 and 7 and Exhibit A for original Sections 5 and 6 and recommit the Committee Report, which motion was carried unanimously.

Mr. Wishnie again presented the following act (as amended) and moved that the report be received, filed and approved and the act adopted, which motion was 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.

UNFINISHED BUSINESS: COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON HOUSING: Kensico Avenue Bond Act: (BOND) ACT 222-2001: Authorizing the issuance of $896,000 in bonds to finance the purchase of approximately 18,500 square feet of property located at 24 South Kensico Avenue in the City of White Plains and convey the property for the purpose of providing affordable housing.

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 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.

UNFINISHED BUSINESS: COMMITTEE ON BUDGET AND APPROPRIATIONS: Lawsuit Settlement: ACT 223-2001: Authorizing the County Attorney to settle the lawsuit entitled Bernice Tucker v. Westchester County Department of Correction and Rocco Pozzi, sued in his individual capacity.

On motion of Mr. Wishnie, the following act was recommitted.

COMMUNICATION: COUNTY EXECUTIVE: Composting Equipment Circulation Program: Proposed Act authorizing the County to enter into IMA’s with various municipalities for a five-year term in order to continue the County’s Composting Circulation Program was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations and the Committee on Community Affairs.

COMMUNICATION: COUNTY EXECUTIVE: Board of Plumbing Examiners Reappointment: Reappointing Bruce J. Lindenbaum as a member of the Board of Plumbing Examiners was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Board of Plumbing Examiners Appointment: Appointing Edward M. Cullen as a member of the Board of Plumbing Examiners was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Traffic Signalization Study: Proposed Act authorizing the County to enter into an IMA with the City of Yonkers pursuant to which the City will conduct a traffic signalization study in order to improve traffic operations and safety in the City was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Safety and Criminal Justice.

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: Water Supply Testing: Proposed Act authorizing the County to enter into an IMA with the City of New York wherein the County will provide testing of New York City’s drinking water supply system 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: Airport Special Revenue Budget Amendment: Proposed Act amending the Airport Special Revenue Budget in the amount of $900,000 was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: 2001 Operating Budget Amendment: Proposed Act amending the 2001 Operating Budget - +$1,300,000 NYC Disaster Assistance; -$1,300,000 Indirect Social Services was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Police Academy Instructor: Proposed Act authorizing the County to enter into an IMA with one or more of the municipalities located in Westchester and/or the additional municipalities listed whereby the municipality will assign a police officer to the County’s Police Academy as an instructor and in exchange the County shall provide defense and indemnification to such municipality was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Safety and Criminal Justice.

COMMUNICATION: HON. GEORGE LATIMER: Voting Accessibility Issues: Forwarding a Survey of voting accessibility issues for the disabled at Election Polling places was on motion of Mr. Abinanti received, filed and referred to the Committee on Community Affairs.

COMMUNICATION: CITIZEN COMMUNICATION: LARRY HOROWITZ: Awarding Contracts without Competitive Bids: Forwarding a letter calling for discontinuing the practice of awarding contracts to outside businesses without competitive bids was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. GEORGE LATIMER: Security Contract: Forwarding a memo from the Majority and Minority Leaders and the Majority and Minority Whips requesting that the Board hire a consultant to provide advice with respect to matters involving the enhancement of the security of County personnel and facilities was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations and the Committee on Rules.

COMMUNICATION: HON. GEORGE OROS AND HON. MICHAEL KAPLOWITZ: Tax Exemption for World Trade Center Victims: Forwarding a Resolution passed by the Yorktown Town Board requesting that the State pass legislation which would amend the State Real Property Tax Law to permit the Town to provide a tax exemption for the Town portion of real estate taxes to the spouses of Yorktown residents who lost the their lives in the attack on the World Trade Center was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. THOMAS ABINANTI: Improving America’s Election System: Forwarding a copy of the National Commission on Election Standards and Reform’s Report and Recommendations to Improve America’s Election System was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

COMMUNICATION: CITIZEN COMMUNICATION: RICHARD HOBBS: Housing: Forwarding a letter detailing the problems he is experiencing because he is being displaced by the West End 2000 Projectwas on motion of Mr. Abinanti received, filed and referred to the Committee on Housing.

COMMUNICATION: HON. GEORGE LATIMER AND HON. URSULA LA MOTTE: Rent Guidelines Board: Forwarding a letter from the Chairman of the Rent Guidelines Board concerning the November 15^th resignation of Alfred F. Corbo from the Board was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: CITIZEN COMMUNICATION: SUPERVISOR PAUL FEINER: Payment of School Taxes: Forwarding a letter from the Greenburgh Receiver of Taxes concerning payments of part two school taxes was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. SUZANNE SWANSON: Removal of Parcels from Saw Mill Sewer District: Forwarding Resolutions from the Town of Mount Pleasant regarding property owners who have requested removal from the Saw Mill Sewer District was on motion of Mr. Abinanti received, filed and referred to the Committee on Public Works.

COMMUNICATION: HON. LOIS BRONZ AND HON. WILLIAM RYAN: White Plains Beautification: Forwarding a copy of a letter to the County Executive from the President of the White Plains Beautification Project regarding various projects around the City was on motion of Mr. Abinanti received, filed and referred to the Committee on Parks.

COMMUNICATION: HON. ANDREA STEWART-COUSINS AND HON. BERNICE SPRECKMAN: Cynthia’s Law: Forwarding a letter from a father whose child was murdered asking for the enactment of a law which would raise the penalty for the murder of a child from manslaughter to murder was on motion of Mr. Abinanti received, filed and referred to the Committee on Families the Committee on Legislation.

COMMUNICATION: HON. SUZANNE SWANSON: Construction of Memorial Burial Area: Forwarding a letter from the architect representing the Union Church in Pocantico Hills asking for the Board’s consent to construct a memorial burial area on their property was on motion of Mr. Abinanti received, filed and referred to the Committee on Public Works.

COMMUNICATION: LEGISLATORS LATIMER, BRONZ AND ABINANTI: Model Worksite Law: Forwarding a proposed model worksite law was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation and the Committee on Health.

COMMUNICATION: HON. GEORGE LATIMER: Rye Town Park Commission Project: Forwarding a copy of a letter to the Supervisor of the Town of Rye from the President of Friends of Rye Town Park regarding a proposed project for the Rye Beach end of the Park was on motion of Mr. Abinanti received, filed and referred to the Committee on Parks.

COMMUNICATION: HON. GEORGE LATIMER: Board of Health Reappointments: Forwarding a letter from the President of the Board of Health recommending the reappointments of Dr. Robert Baker and Dr. Norma Dreyfus was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: HON. GEORGE LATIMER: Rules Committee Recommendation regarding employee termination: Forwarding a Rules Committee Recommendation was on motion of Mr. Abinanti received, filed and referred to the Committee on Rules.

COMMUNICATION: HON. GEORGE LATIMER: Providing the 2002 Budget Request for the Westchester Library System: Forwarding a letter from Maurice Freedman, Director of the Westchester Library System, conveying the WLS's request for County funding in the 2002 Budget was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

NOTICES AND PETITIONS: Notice of Claim: Jeanne Ricks vs. County of Westchester was on motion of Mr. Abinanti received, filed and referred to the County Attorney.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Hawthorne Fire District IMA: ACT 225-2001: Authorizing the County to enter into an IMA with the Hawthorne Fire District in connection with fire safety procedures for a term commencing January 1, 2002 and expiring December 31, 2004, in an amount not to exceed $13,000.

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 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.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Valhalla Fire District IMA: ACT 226-2001: Authorizing the County to enter into an IMA with the Valhalla Fire District in connection with fire safety procedures for a term commencing January 1, 2002 and expiring December 31, 2004 in an amount not to exceed $45,000.

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 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.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Korean War Memorial IMA: ACT 227-2001: Authorizing the County to enter into an IMA with the Town of Rye which shall provide that the County shall pay to the Town the amount of $10,000 to be used for site work and dedication and memorial plaques for the Korean War Memorial at Crawford Park in Rye.

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 carried by the following vote:

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

NAY: Legislator Carsky - 1.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON HEALTH: WCHCC Agreement: ACT 228-2001: Authorizing the County to enter into an agreement with the Westchester County Health Care Corporation in the amount of $50,000 for a term commencing January 1, 2001 and terminating December 31, 2001, whereby the County shall provide services of the Department of Laboratories and Research.

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 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.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Increase in Grant Amount: ACT 229-2001: Amending Act 140-2001 to increase the grant amount offered by the United States of America, acting by and through the FAA, from $1,410,414 to up to approximately $1,958,372 and also to increase the County share of costs from $156,712 to approximately $217,597 for Capital Project A0054 – Phase I of the Reconstruction of Taxiway “A” and design of the next phase of the Taxiway Rehabilitation Program at Westchester County Airport.

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 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.

COMMITTEE ON LEGISLATION: Towing Law: RES 255-2001: Setting a Public Hearing on a proposed Local Law to amend Subdivision 2 of Section 863.216 of the Laws of Westchester County to include all passenger vehicles within the scope of the County Towing Law. [Public Hearing set for November 13,2001 at 7:30 p.m.; Local Law Intro 28-2001]

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

COMMITTEE ON LEGISLATION: Plumbing Law Amendment: RES 256-2001: Setting a Public Hearing on a proposed Local Law amending Sections 277.505, 277.507 and 277.508 of the Laws of Westchester County to eliminate submission of W-2 tax forms by applicants for a license, separate testing dates for written and practical portions of the examinations and the six-month waiting period for re-examinations. [Public Hearing set for November 13, 2001 at 7:30 p.m.; Local Law Intro 29-2001]

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

COMMITTEE ON LEGISLATION: Mercury Switches: RES 257-2001: Setting a Public Hearing on a proposed Local Law adding Article XXI to Chapter 863 of the Laws of Westchester County to require the removal of mercury switches prior to the crushing or shredding of motor vehicles. [Public Hearing set for _____________2001 at _________; Local Law Intro______2001]

On motion of Mrs. Stewart-Cousins, the following Resolution was put “OVER” under the Rules.

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Hispanic Advisory Board Appointment: RES 258-2001: Confirming the appointment of Edmy Lourdes Garcia as a member of the Hispanic Advisory Board.