MINUTES
COUNTY BOARD OF LEGISLATORS
MAY 20, 2002
The County Board of Legislators met pursuant to adjournment.
The Honorable Lois Bronz in the Chair.
The Chairman opened the meeting with the salute to our flag and an invocation.
The roll call resulted as follows:
Legislators: Young, Oros, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Maisano, Mosiello, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, – Chair – 16.
Absent: None.
Note: Legislator David R. Hall resigned from the position of County Legislator for the 6th District effective April 8, 2002. A Special Election to fill the position was held on May 14, 2002 and Martin L. Rogowsky was elected as the Legislator from District 6. He will take office on May 24, 2002.
Motion – Approval of Minutes. Mr. Young moved that the minutes of May 6, 2002 be approved – Carried.
Mr. Young moved to suspend the regular order of business for the purpose of holding a Public Hearing.
PUBLIC HEARING: Shredding of Mercury Switches: COMMITTEE ON LEGISLATION AND COMMITTEE ON THE ENVIRONMENT AND HEALTH: LOCAL LAW INTRO 8-2002: Requiring the removal of mercury switches prior to the crushing or shredding of motor vehicles.
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 person wishing to be heard, Mr. Young declared the Public Hearing closed and moved to resume the regular order of business.
UNFINISHED BUSINESS: Bond Act: COMMITTEE ON BUDGET AND APPROPRIATIONS: (BOND) ACT 108-2002: Authorizing the issuance of $1,050,000 in bonds – Acquisition of 10 articulated buses.
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: Young, Oros, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Maisano, Mosiello, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 16.
NAY: None.
UNFINISHED BUSINESS: Living Wage Legislation: COMMITTEE ON LEGISLATION: RES 58-2002: Setting a Public Hearing on a proposed Local Law providing a Living Wage in Westchester County.[Public Hearing set for __________________, 2002 at ________; Local Law Intro._____2002]
On motion of Mrs. Stewart-Cousins, the following legislation was recommitted.
COMMUNICATION: COUNTY EXECUTIVE: Youth Board Appointment: Appointing Angelica Guel as a member of the Youth Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.
COMMUNICATION: COUNTY EXECUTIVE: Gift Acceptance: Acceptance of a gift from the Generoso Pope Foundation to be used by the Department of Information Technology was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: COUNTY EXECUTIVE: Fire Advisory Board Appointment: Appointing Daniel Raftery as a member of the Fire Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.
COMMUNICATION: COUNTY EXECUTIVE: EMS Advisory Board Appointment: Appointing William J. Rothschild as a member of the EMS Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.
COMMUNICATION: COUNTY EXECUTIVE: Soil and Water Conservation Reappointment: Reappointing Peter C. Van de Water as a member of the Soil and Water Conservation Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.
COMMUNICATION: COUNTY EXECUTIVE: Fire Advisory Board Reappointment: Reappointing George C. Tockstein as a member of the Fire Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.
COMMUNICATION: COUNTY EXECUTIVE: Soil and Water Conservation Board Reappointment: Reappointing R. Phyllis Wittner as a member of the Soil and Water Conservation Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.
COMMUNICATION: COUNTY EXECUTIVE: Fire Advisory Board Reappointment: Reappointing Darrell J. Pistone as a member of the Fire Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.
COMMUNICATION: COUNTY EXECUTIVE: Prisoner Transport: Proposed Act authorizing the County to enter into an IMA with the City of White Plains in order to provide reimbursement for prisoner transportation to the Westchester County Jail was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: COUNTY EXECUTIVE: Fire Advisory Board Reappointment: Reappointing Robert Conlon as a member of the Fire Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.
COMMUNICATION: COUNTY EXECUTIVE: Fire Advisory Board Reappointment: Reappointing Robert Boddie as a member of the Fire Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.
COMMUNICATION: COUNTY EXECUTIVE: Youth Board Appointment: Appointing F. Richard Steinberg, C.S.W. as a member of the Youth Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.
COMMUNICATION: COUNTY EXECUTIVE: Emergency Medical Services Advisory Board Reappointment: Reappointing Charles E. O’Connor as a member of the Emergency Medical Services Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.
COMMUNICATION: COUNTY EXECUTIVE: Emergency Medical Services Advisory Board Reappointment: Reappointing Nicholas E. DeRobertis, M.D. as a member of the Emergency Medical Services Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.
COMMUNICATION: COUNTY EXECUTIVE: Gift Acceptance: Acceptance of a gift from Fuji Photo Film to be used by the Department of Parks, Recreation and Conservation was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: COUNTY EXECUTIVE: Certiorari Refunds: Forwarding a package of court-ordered refunds was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: COUNTY EXECUTIVE: 2001 E911 Operating Budget Amendment: Forwarding a proposed Act amending the E911 Operating Budget was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: COUNTY EXECUTIVE: 2002 County Clerk Operating Budget Amendment: Proposed Act amending the 2002 County Clerk Operating Budget was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: COUNTY EXECUTIVE: Budget Transfer Resolution: Forwarding proposed Budget Committee Transfer Resolution was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: HON. THOMAS ABINANTI AND HON. SUZANNE SWANSON: G.U.A.R.D. IMA: Forwarding a proposed IMA approving membership in Governments United in Action for Responsible Development was on motion of Mr. Young received, filed and referred to the Committee on the Environment & Health.
COMMUNICATION: HON. LOUIS MOSIELLO: License Points for Violation of Cell Phone Law: Forwarding a proposed Resolution urging the State Department of Motor Vehicles to reconsider its decision not to charge points against a driver’s license if he or she is stopped for driving while using a hand-held cell phone was on motion of Mr. Young received, filed and referred to the Committee on Legislation.
COMMUNICATION: HON. GEORGE LATIMER AND HON. MICHAEL KAPLOWITZ: Health and Safety Resolution: Forwarding a proposed Resolution from the President of the CSEA restating the County’s commitment to ensure the health and safety of all of its employees in accordance with the New York State Public Employee Safety and Health Administration and the Occupational Health and Safety was on motion of Mr. Young received, filed and referred to the Committee on Labor and the Committee on the Environment & Health.
COMMUNICATION: HON. LOUIS MOSIELLO: Small Toy Ban: Forwarding a letter and article from Kevin Brazier of Yonkers with regard to a small toy ban was on motion of Mr. Young received, filed and referred to the Committee on Legislation.
COMMUNICATION: HON. VITO PINTO: IMA with Westchester County DPW – Sign Shop: Forwarding a memo from a Tuckahoe Village Trustee regarding a proposed IMA with the Village and the County’s Department of Public Works for street and associated signs was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: HON. MICHAEL KAPLOWITZ: Indian Point Shutdown: Forwarding a letter from a County resident regarding the Indian Point Shutdown was on motion of Mr. Young received, filed and referred to the Committee on Public Safety and Criminal Justice and the Committee on the Environment & Health.
COMMUNICATION: HON. MICHAEL KAPLOWITZ: Sale of Ephedra: Forwarding a letter from a merchant concerned about the County’s proposed law regarding the sale of Ephedra was on motion of Mr. Young received, filed and referred to the Committee on Legislation and the Committee on the Environment & Health.
COMMUNICATION: COUNTY ATTORNEY: Compromise of Claim: Proposed Act authorizing the County Attorney to compromise the County’s claim for health care expenditures and wages paid to or on behalf of M.D.L. was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: HON. GEORGE OROS: Board of A&C Reform: Forwarding proposed County Charter amendments, subject to referendum, with regard to various reforms for the Board of Acquisition and Contract was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments and the Committee on Legislation.
COMMUNICATION: HON. LOUIS MOSIELLO: County Sales Tax: Forwarding a letter from Eastchester Town Supervisor, Jim Cavanaugh, and an Eastchester Town Board Resolution opposing any increase in the County sales tax was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: HON. SUZANNE SWANSON: EMS Mutual Aid Response List: Forwarding a letter from Department of Emergency Services Commissioner, Patrick Kelly, to Hawthorne Fire District Board of Fire Commissioners Chairman, Thomas Palamara, with regard to the District’s request to be removed from the EMS mutual aid response list was on motion of Mr. Young received, filed and referred to the Committee on Public Safety & Criminal Justice.
COMMUNICATION: HON. THOMAS ABINANTI: Board of A&C Reform: Forwarding a letter to Suzanne Swanson, Chair of the Committee on County Officers and Departments, with regard to Board of Acquisition and Contract Reform was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments and the Committee on Legislation.
COMMUNICATION: HON. THOMAS ABINANTI: Millennium Pipeline: Forwarding a Proposed Resolution urging the United States Department of Commerce to sustain the decision of the NYS Department of State with regard to the construction of the Millennium Pipeline was on motion of Mr. Young received, filed and referred to the Committee on the Environment & Health.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Criminal Investigators Retirement Plan: ACT 124-2002: Proposed Act adopting a Resolution for an alternative 20-year Retirement Plan for Criminal Investigators in the employ of the Westchester County District Attorney’s Office.
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: Young, Oros, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Maisano, Mosiello, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 16.
NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Criminal Investigators Retirement Plan: RES 124A-2002: Opting into an alternative Twenty Year Retirement Plan for Criminal Investigators in the employ of the Westchester County District Attorney’s office described in Section 603-h(2) of the New York State Retirement and Social Security Law, Chapter 502 of the Laws of 2002.
Mr. Wishnie presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act: (BOND) ACT 125-2002: Authorizing the issuance of $750,000 in bonds – To finance the cost of the partial reconstruction of the County Correctional Complex Training Center Building. (BCR5A)
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: Young, Oros, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Maisano, Mosiello, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 16.
NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act: (BOND) ACT 126-2002: Authorizing the issuance of $700,000 in bonds – To finance the cost of the acquisition and installation of computer hardware and software related to smart cards. (BIT02)
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: Young, Oros, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Maisano, Mosiello, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 16.
NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act: (BOND) ACT 127-2002: Authorizing the issuance of $500,000 in bonds – To finance the cost of the acquisition and installation of computer hardware and related software for use in various locations in the County. (BIT06)
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: Young, Oros, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Maisano, Mosiello, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 16.
NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act: (BOND) ACT 128-2002: Authorizing the issuance of $265,000 in bonds – To finance the cost of the acquisition of Geographic Information Systems computer hardware and software. (BIT09)
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: Young, Oros, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Maisano, Mosiello, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 16.
NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act: (BOND) ACT________2002: Authorizing the issuance of $40,000 in bonds – To finance the cost of preparation of surveys, preliminary and detailed plans, specifications and estimates necessary for planning partial reconstruction of the Central Maintenance Facility in the City of Yonkers. (T0023)
On motion of Mr. Young, the following Act was recommitted.
COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON PUBLIC SAFETY AND CRIMINAL JUSTICE AND SPECIAL COMMITTEE ON FAMILIES: Child Abuse Investigative Task Force: ACT 129-2002: Authorizing the County to amend IMA’s with the City of New Rochelle and the City of Yonkers in connection with the County’s Child Abuse Investigative Team.
Mr. Ryan 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: Young, Oros, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Maisano, Mosiello, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 16.
NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON PUBLIC SAFETY AND CRIMINAL JUSTICE: E911 Surcharge: ACT 130-2002: Authorizing the expenditure of $2,600,000 in Enhanced 911 surcharge funds for the operation of the E911 system in Westchester County for the year 2002.
Mr. Ryan 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: Young, Oros, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Maisano, Mosiello, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 16.
NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Water District Budget Amendment: ACT 131-2002: Amending the 2001 Water District #3 Budget.
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: Young, Oros, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Maisano, Mosiello, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 16.
NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act: (BOND) ACT 132-2002: Authorizing the issuance of $100,000 in bonds – Design and construction management of a new system for potable water at the camp located at Mountain Lakes Park.
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: Young, Oros, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Maisano, Mosiello, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 16.
NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act: (BOND) ACT_____________2002: Authorizing the issuance of $100,000 in bonds – Design and construction management of the replacement of the overhead electrical service along the main road to an underground conduit at Lasdon Park in the Town of Somers.
On motion of Mr. Young, the following Act was recommitted.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act: (BOND) ACT 133-2002: Authorizing the issuance of $160,000 in bonds – Design of bridge repairs to the vehicular bridge at Croton Gorge Park.
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: Young, Oros, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Maisano, Mosiello, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 16.
NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act: (BOND) ACT__________2002: Authorizing the issuance of $300,000 in bonds – Design of new pool facilities at Playland Park.
On motion of Mr. Young, the following Act was recommitted.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Budget Amendment: ACT 134-2002: Amending the 2001 County Operating Budget.
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: Young, Oros, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Maisano, Mosiello, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 16.
NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Outside Counsel: ACT 135-2002: Designating an attorney to be retained to represent Assistant Warden John D. O’Neill of the Westchester County Department of Correction in the lawsuit entitled Laquan Smith v. Correction Officer Charles Redd, 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 carried by the following vote:
AYE: Legislators: Young, Oros, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Maisano, Mosiello, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 16.
NAY: None.
COMMITTEE ON LEGISLATION AND COMMITTEE ON THE ENVIRONMENT & HEALTH: Mercury Switch Environmental: RES 64-2002: Finding that there will be no significant impact on the environment from the adoption of a Local Law to require the removal of mercury switches prior to the crushing or shredding of motor vehicles.
Mr. Kaplowitz and Mrs. Stewart-Cousins presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON LEGISLATION AND COMMITTEE ON THE ENVIRONMENT & HEALTH: Mercury Switch Local Law: LOCAL LAW INTRO 8-2002: Requiring the removal of mercury switches prior to the crushing or shredding of motor vehicles.
Mr. Kaplowitz and Mrs. Stewart-Cousins 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: Young, Oros, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Maisano, Mosiello, Pinto, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 16.
NAY: None.
COMMITTEE ON LEGISLATION: Living Wage Policy: RES 65-2002: Setting a Public Hearing on a proposed Local Law to establish a living wage policy. [Public Hearing set for June 17, 2002 at 5:00 p.m.; Local Law Intro 9-2002]
Mrs. Stewart-Cousins presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: IDA Appointment: RES 66-2002: Confirming the appointment of Royden A. Letsen as a member of the Industrial Development Agency.
Mrs. Swanson presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: EMS Board Appointment: RES 67-2002: Confirming the appointment of Joli K. Yuknek, M.D. as a member of the Emergency Medical Services Advisory Board.
Mrs. Swanson presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Planning Board Reappointment: RES 68-2002: Confirming the reappointment of Hal J. Fitzpatrick as a member of the Planning Board.
Mrs. Swanson presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Planning Board Reappointment: RES 70-2002: Confirming the reappointment of Clinton B. Smith as a member of the Planning Board.hj
Mrs. Swanson presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON PUBLIC WORKS: Sewer Modification Public Hearing: RES 69-2002: Setting a Public Hearing on a proposed modification to the Saw Mill Sanitary Sewer District. [Public Hearing set for June 3, 2002 at 7:30 p.m.
Mr. Pinto presented the following Resolution and moved its adoption, which was declared adopted.
MOTION – ADJOURNMENT: 13th District (Mr. Young): Move that when the Board adjourns, it adjourns to meet on June 3, 2002 at 7:00 p.m. – Carried.
Memorial Resolutions: RES 71-2002: Mrs. LaMotte: Death of Betty Brundage, Johyn Pratt, Dolph C. Caputo, Jr., Wilbur J. Prezzano, Anita McKinney, Katherine M. “Kay” Blackmore, Laurence Gerardi; Mr. Kaplowitz: Death of Gerald Larson; Mr. Pinto: Death of Carmela Vaccaro; Joyce M. Siciliano; Mr. Wishnie: Death of Robert M. Akin, III; Joan H. Anderson; Louis J. Cardinale; Antonio C. DaSilva; Esther Siegel Hoffman; Lillian Weeks Minnerly; All Legislators: Death of Elsie Steinberg, Charles Strauss, Molly Horowitz; Mr. Maisano: Death of Thomas Roberts, Rose Vallario, Luigi J. Librandi.
The above-named Legislators presented the following memorial Resolutions and moved their adoption, which were declared adopted.
On MOTION of Legislator_______________,
The Board adjourns.