MINUTES

COUNTYBOARD OF LEGISLATORS

DECEMBER 10, 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.

 

The roll call resulted as follows:

 

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

 

Absent:  Legislator Vito Pinto - 1.

 

MOTION – APPROVAL OF MINUTES:  Mr. Abinanti moved that the minutes of November 26, 2001 and November 29, 2001 (Special Meeting) be approved – Carried.

 

Mr. Abinanti moved to suspend the regular order or business for the purpose of conducting two Public Hearings – Carried.

 

The Clerk presented proof of publication of the notice for both public hearings and read the rules for their conduct.

 

PUBLIC HEARING:  175 Gramatan Avenue Lease:  COMMITTEE ON BUDGET AND APPROPRIATIONS:  LOCAL LAW INTRO 30-2001:  Authorizing the County to enter into a lease agreement with Frank DeLeonardis or the owner of record for space located at 175 Gramatan Avenue, Mount Vernon for a ten-year term commencing on September 1, 2002 with the County having two additional five (5) year renewal options.

 

There were no speakers.  No other person wishing to be heard, on motion of Mr. Abinanti, the Public Hearing was closed.

PUBLIC HEARING:  Citiflight Lease:  COMMITTEE ON BUDGET AND APPROPRIATIONS:  LOCAL LAW INTRO 31-2001:  Authorizing the County to enter into a lease agreement with Citiflight, Inc. d/b/a Citigroup Corporate Aviation, for hangar space at WestchesterCountyAirport.

 

There were no speakers.  No other person wishing to be heard, on motion of Mr. Abinanti, the Public Hearing was closed.

UNFINISHED BUSINESS:  COMMITTEEON LEGISLATION:  RES 257-2001:  Setting a Public Hearing on a proposed Local Law to require the removal of mercury switches prior to the crushing or shredding of motor vehicles.

 

On motion of Mr. Abinanti, the following Resolution was recommitted.

UNFINISHED BUSINESS:  COMMITTEE ON THE ENVIRONMENT:  Columbia Gas Transmission Route:   RES 283-2001:  Calling on the Columbia Gas Transmission Corporation to immediately amend its application to the Federal Energy Regulatory Commission to alter its route by proposing that the 420 mile Millennium Pipeline, currently intended to travel throughout Westchester County and terminate in the City of Mount Vernon be reconfigured to terminate at the Indian Point Nuclear Facility in Buchanan.

 

On motion of Mr. Kaplowitz, the following Resolution was recommitted.

COMMUNICATION:  COUNTYEXECUTIVE:  2001-2002 Tax Rates:  Forwarding the 2001-2002 Tax Rates was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  COUNTYEXECUTIVE:  2000 Equalization Rates:  Forwarding the 2000 Equalization Rates and Residential Assessment Ratios was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  COUNTYEXECUTIVE:  Budget Transfer Resolution:  Proposed Resolution transferring funds within the 2001 Operating Budget Miscellaneous Budget from Certiorari Proceedings to the In Rem Proceedings account in the amount of $109,382 was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  COUNTYEXECUTIVE:  CountyInvestment Policy:  Proposed Act repealing Act 104-2000 which amended the Investment Policy for the County and would establish a new Investment Policy pursuant to New York State General Municipal Law Section 39 was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  Budget Transfer Resolution:  Proposed Resolution transferring funds within the Department of Environmental Facilities Water District #1 Operating Budget was on motion of Mr. Abinanti received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  HON. URSULA LA MOTTE:  Indian Point Evacuation:  Forwarding a Resolution passed by the Town of Pound Ridge calling on WestchesterCounty to hold an actual Indian Point Evacuation Drill was on motion of Mr. Abinanti received, filed and referred to the Committee on Health, the Committee on the Environment and the Committee on Public Safety and Criminal Justice.

 

COMMUNICATION:  HON. MICHAEL KAPLOWITZ AND HON. GEORGE OROS:  Sanitary Sewer District Modification:  Forwarding a Resolution passed by the Town of Yorktown requesting the incorporation of the Oakside Estates Sanitary Sewer District into the Peekskill Sanitary Sewer District was on motion of Mr. Abinanti received, filed and referred to the Committee on Public Works.

 

COMMUNICATION:  HON. GEORGE LATIMER:  Rent Guidelines Board Recommendations:  Forwarding a letter from the Westchester Tenants Coalition endorsing two candidates for the Tenant Representative openings on the Rent Guidelines Board was on motion of Mr. Abinanti received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Solid Waste Commission Report:  Forwarding the October Report of the Solid Waste Commission was on motion of Mr. Abinanti received, filed and referred to the Committee on Legislation.

 

COMMUNICATION:  HON. VITO PINTO:  Low Floor Buses:  Forwarding a letter from a County resident advocating the use of low floor buses in Westchester County was on motion of Mr. Abinanti received, filed and referred to the Committee on Community Affairs.

 

COMMUNICATION:  HON. GEORGE OROS:  Indian Point Shutdown:  Forwarding a copy of a letter from the Mayor of the Village of Croton-on-Hudson to the Chairman of the Nuclear Regulatory Commission regarding a Resolution passed by the Village calling for the immediate shutdown of Indian Point was on motion of Mr. Abinanti received, filed and referred to the Committee on Health, the Committee on the Environment and the Committee on Public Safety and Criminal Justice.

 

COMMUNICATION:  HON. URSULA LA MOTTE:  Byram Lake/Seven Springs:  Forwarding a letter from a constituent voicing concern about the proposed use of land adjacent to the Byram Lake Reservoir as a golf course was on motion of Mr. Abinanti received, filed and referred to the Committee on the Environment.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEEON PUBLIC WORKS:  Bond Act:  (BOND) ACT 249-2001:  Amending Bond Act 67-1999 for the Yonkers Joint Treatment Plant Project SY008 to provide for a change in the scope of work.

 

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, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman – 16.

 

NAY:  None.

COMMITTEEON BUDGET AND APPROPRIATIONS:  Lawsuit Settlement:  ACT 250-2001:  Authorizing the CountyAttorney to settle the lawsuit entitled Bernice Tucker v. Westchester County Department of Correction and Rocco Pozzi, sued in his individual capacity.

 

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, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman – 16.

 

NAY:  None.

COMMITTEEON BUDGET AND APPROPRIATIONS:  Reimbursement for Health Care:  ACT 251-2001:  Authorizing the CountyAttorney to compromise the County of Westchester’s right to be reimbursed for health care benefits expended on behalf of the listed insureds’ recoveries from legal actions or settlements.

 

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, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman – 16.

 

NAY:  None.

COMMITTEE ON BUDGET AND APPROPRIATIONS;  Refunding Serial Bonds:  (BOND) ACT 252-2001:  Authorizing the issuance pursuant to Section 90.10 of the Local Finance Law of Refunding Bonds of the County of Westchester New York to be designated “Refunding (Serial) Bonds”, and providing for other matters in relation thereto and the payment of the Bonds to be refunded thereby.

 

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, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman – 16.

 

NAY:  None.

COMMITTEEON BUDGET AND APPROPRIATIONS:  Acceptance of Grant Funds:  ACT 253-2001:  Authorizing the acceptance of grant funds from the State of New York, acting by and through its Department of Transportation, for Phase IIIB Construction of the Perimeter Emergency Aircraft Rescue Fire Fighting Vehicle Access Road Project at the WestchesterCountyAirport.

 

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, Ryan, Spreckman, Stewart-Cousins, Wishnie, Young, Chairman – 15.

 

NAY:  None.

 

Mrs. Swanson was not present when the vote was taken.

COMMITTEEON BUDGET AND APPROPRIATIONS:  Acceptance of Grant Funds:  ACT 254-2001:  Authorizing the acceptance of grant funds from the State of New York, acting by and through its Department of Transportation, for the Airport Beacon Relocation Project 4 at the WestchesterCountyAirport.

 

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, Ryan, Spreckman, Stewart-Cousins, Wishnie, Young, Chairman – 15.

 

NAY:  None.

 

Mrs. Swanson was not present when the vote was taken.

COMMITTEEON BUDGET AND APPROPRIATIONS:  Acceptance of Grant Funds:  ACT 255-2001:  Authorizing the acceptance of grant funds from the State of New York, acting by and through its Department of Transportation, for Phase II of the Acquisition of Security Equipment and Perimeter Fencing Project at the WestchesterCountyAirport.

 

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, Ryan, Spreckman, Stewart-Cousins, Wishnie, Young, Chairman – 15.

 

NAY:  None.

 

Mrs. Swanson was not present when the vote was taken.

COMMITTEEON BUDGET AND APPROPRIATIONS:  Acceptance of Grant Funds:  ACT 256-2001:  Authorizing the acceptance of grant funds from the State of New York, acting by and through its Department of Transportation, for Phase I of the Reconstruction of Taxiway “A” and Design of the next phase of the Taxiway Rehabilitation Program at the WestchesterCountyAirport.

 

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, Ryan, Spreckman, Stewart-Cousins, Wishnie, Young, Chairman – 15.

 

NAY:  None.

 

Mrs. Swanson was not present when the vote was taken.

COMMITTEE ON BUDGET AND APPROPRIATIONS:  Gramatan Avenue Environmental:  RES 286-2001:  Finding that there will be no significant impact on the environment from the adoption of a Local Law authorizing the County to enter into a lease agreement with Frank DeLeonardis or the owner of record, for space located at 175 Gramatan Avenue, Mount Vernon for a ten-year term commencing on September 1, 2002, following the completion of renovations with two additional five year renewal options.

 

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

COMMITTEEON BUDGET AND APPROPRIATIONS:  Gramatan Avenue Local Law:  LOCAL LAW INTRO 30-2001:  Authorizing the County to enter into a lease agreement with Frank DeLeonardis or the owner of record, for space located at 175 Gramatan Avenue, Mount Vernon for a ten-year term commencing on September 1, 2002, following the completion of renovations with two additional five year renewal options.

 

Mr. Wishnie presented the following report and Local Law 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, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman – 16.

 

NAY:  None.

COMMITTEEON BUDGET AND APPROPRIATIONS:  Mortgage Tax Receipts:  ACT 257-2001:  Authorizing the Commissioner of Finance to pay Mortgage Tax Receipts to the Cities, Towns and Villages.

 

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, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman – 16.

 

NAY:  None.

COMMITTEEON BUDGET AND APPROPRIATIONS:  Citiflight Lease:  LOCAL LAW INTRO 31-2001:  Authorizing the County to enter into a lease agreement with Citiflight, Inc. d/b/a Citigroup Corporate Aviation, for hangar space at the WestchesterCountyAirport.

 

Mr. Wishnie presented the following report and Local Law 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, Ryan, Spreckman, Stewart-Cousins, Wishnie, Young, Chairman – 15.

 

NAY:  Legislator Suzanne Swanson - 1.

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS:  Plumbing Board of Examiners Appointment:  RES 287-2001:  Confirming the appointment of Benedict A. Salanitro, P.E. as a member of the Board of Plumbing Examiners.

 

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

COMMITTEEONCOUNTYOFFICERS AND DEPARTMENTS:  Youth Board Appointment:  RES 288-2001:  Confirming the appointment of Sgt. Raymond Jones as a member of the Youth Board.

 

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

COMMITTEEONCOUNTYOFFICERS AND DEPARTMENTS:  Taxi and Limousine Appointment:  RES 289-2001:  Confirming the appointment of Syrette Dym as a member of the Taxi and Limousine Commission.

 

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

COMMITTEEONCOUNTYOFFICERS AND DEPARTMENTS:  Taxi and Limousine Appointment:  RES 290-2001:  Confirming the appointment of Lonnie Lehrer as a member of the Taxi and Limousine Commission.

 

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

COMMITTEEONCOUNTYOFFICERS AND DEPARTMENTS:  Rent Guidelines Board Appointment:  RES 291-2001:  Recommending the appointment of Jay Shapiro as a Tenant Representative member of the Rent Guidelines Board.

 

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

COMMITTEEONCOUNTYOFFICERS AND DEPARTMENTS:  Rent Guidelines Board Appointment:  RES 292-2001:  Recommending the appointment of Emma-Jean Loftin as a Tenant Representative member of the Rent Guidelines Board.

 

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

SPECIAL ORDER:  COMMITTEE ON THE ENVIRONMENT:  Millennium Pipeline:  RES__________2001:  Urging the Federal Energy Regulatory Commission to deny the application submitted by the Columbia Gas Transmission Corporation unless and until the Corporation immediately amend its application for the Millennium Pipeline and alter its route by proposing that the 420 mile Millennium Pipeline not travel throughout Westchester County and terminate in the City of Mount Vernon, but instead be reconfigured to end at the Bowline Plant in Rockland County, pending the results of both a feasibility study on the conversion of the nuclear Indian Point Facility to natural gas, as well as a regional demand analysis to insure energy needs are met through a long-term plan that will minimize any negative social or environmental impact.

 

On motion of Legislator Kaplowitz, the following item was recommitted.

SPECIAL ORDER:  COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS:  Board of Health Reappointment:  RES 293-2001:  Reappointing Dr. Robert Baker as a member of the Board of Health.

 

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

Mr. Abinanti moved to remove from the table Resolution 211-2001 recommending Eliot J. Cherson for the County Rent Guidelines Board and Resolution 212-2001 recommending Jane Morgenstern for the County Rent Guidelines Board, which motion was unanimously carried.

 

COMMITTEEONCOUNTYOFFICERS AND DEPARTMENTS:  RES 211-2001:  Recommending the appointment of Eliot J. Cherson for membership on the Rent Guidelines Board.

 

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

 

COMMITTEEONCOUNTYOFFICERS AND DEPARTMENTS:  RES 212-2001:  Recommending the appointment of Jane Morgenstern for membership on the Rent Guidelines Board.

 

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

 

Memorial Resolutions:  RES 294-2001:  All Legislators:  Death of Rose Marie Pinto; Mr. Oros:  Death of James W. Irish, Jr.; Mrs. LaMotte:  Death of James A. Pitrello; Mr. Latimer:  Death of Anna M. Dejulio; Mr. Pinto, Mrs. Bronz and Mrs. Stewart-Cousins:  Death of Deacon Alex S. Toone: Mr. Pinto:  Dr. Peter-Cyrus Rizzo II, Kevin Scully, Ernest Morris, Stanley J. Bielat, Elizabeth Mr. Zansano, Philip DeSantis; Mrs. Spreckman:  Death of Doris Zack Kiene; Mrs. Bronz and Mrs. Stewart-Cousins:  Death of Wiburn Gaither, Mrs. LaMotte:  Death of Margaret McCann; Mr. Kaplowitz:  Death of Winifred Hamill, Delia E. Miller, John Strittmattee; Mrs. Carsky:  Death of Al Lewis; Mr. Latimer:  Death of Mary Webster; .

 

The above-named Legislators presented the following Memorial Resolutions and moved their adoption, which were declared adopted.

On MOTION of Legislator Abinanti,

the Board adjourned.