MINUTES -- 7/22/02

JULY 22, 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, Abinanti, Alvarado, LaMotte, Latimer, Maisano, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, – Chair – 13.

Absent: Legislators Kaplowitz, Oros, Mosiello and Ryan - 4.

Motion – Approval of Minutes. Mr. Young moved that the minutes of June 17, 2002 – 4:00 P.M. (Special Meeting); June 17, 2002 – 4:05 P.M. (Special Meeting); June 24, 2002 (Regular Meeting) be approved – Carried.

Mr. Young moved to suspend the regular order of business for the purpose of holding a Public Hearing – Carried.

PUBLIC HEARING: Sale and Display of Products Containing Ephedra: COMMITTEE ON LEGISLATION AND COMMITTEE ON THE ENVIRONMENT & HEALTH: LOCAL LAW INTRO 12-2002: Adding a new Article XXII to Chapter 863 of the Laws of Westchester County to restrict the sale and display of dietary supplements containing Ephedra and to require the posting of signage advising consumers to read and follow product labels and warnings.

The Clerk presented proof of publication of the notice of Public Hearing and read the rules for its conduct.

There were 7 speakers.

No other person wishing to be heard, Mr. Young moved to close the Public Hearing and resume the regular order of business – Carried.

COUNTY EXECUTIVE: Gift Acceptance: Acceptance of a gift from the Education & Learning Coalition to be used to provide scholarships for Jandon Scholars was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: African-American Advisory Board Appointment: Appointing Cora Miles as a member of the African-American 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 Michael J. DeVittorio 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: Airport Advisory Board Reappointment: Reappointing Robert F. Gilbert as a member of the Airport Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: African-American Advisory Board Appointment: Appointing Winston A. Ross as a member of the African-American Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: White Plains IMA: Proposed Act authorizing the County to enter into an IMA with the City of White Plains for seasonal service of the center malls along Bryant Avenue in the City for the term April 15, 2002 through October 31, 2004 was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: African-American Advisory Board Appointment: Appointing Dillard T. Boone II as a member of the African-American Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: African-American Advisory Board Appointment: Appointing Jim Bostic as a member of the African-American Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: Housing Opportunity Commission Appointment: Appointing Katherine Cintron as a member of the Housing Opportunity Commission was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: African-American Advisory Board Appointment: Appointing Valiere Alcena as a member of the African-American Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: WCC Budget: Forwarding the 2002/2003 proposed Westchester Community College Budget was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Gift Acceptance: Acceptance of a gift from Valic to be used to sponsor the New York Philharmonic Concert was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Gift Acceptance: Acceptance of a gift from Cappelli Enterprises, Inc. to be used to sponsor the New York Philharmonic Concert was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: For-Hire Vehicle Law Amendment: Forwarding a proposed Local Law amending the Westchester County For-Hire Vehicle Law was on motion of Mr. Young received, filed and referred to the Committee on Legislation.

COMMUNICATION: COUNTY EXECUTIVE: Gift Acceptance: Acceptance of a gift from Fuji Photo Film U.S.A. to be used to support various County activities and programs was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: African-American Advisory Board Appointment: Appointing Sioux Taylor as a member of the African-American Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: African-American Advisory Board Appointment: Appointing David L. Cheek as a member of the African-American Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: African-American Advisory Board Appointment: Appointing Lisa Copeland as a member of the African-American Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: WCHCC Agreement: Proposed Act authorizing the County, acting by and through its Department of Health, to enter into an agreement with the Westchester County Health Care Corporation whereby the WCHCC shall provide primary and dental care services for Westchester, Rockland and Putnam County individuals with HIV/AIDS was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on the Environment & Health.

COMMUNICATION: COUNTY EXECUTIVE: Housing Opportunities for Persons with AIDS: Proposed Acts authorizing the County to enter into an IMA with the City of New York to enable Westchester to receive Year Eleven grant monies under the Federal government’s Housing Opportunities for Persons with AIDS Program was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on the Environment & Health.

COMMUNICATION: COUNTY EXECUTIVE: East of Hudson Water Quality Investment Fund: Proposed Act authorizing the County to utilize up to $509,522 of the earnings on the East of Hudson Water Quality Investment Fund in order to fund the implementation of the newly-created Westchester County Septic Licensing & Database Management Program was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on the Environment & Health.

COMMUNICATION: COUNTY EXECUTIVE: African-American Advisory Board Appointment: Appointing Robin Douglas as a member of the African-American Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: African-American Advisory Board Appointment: Appointing Cheryl Melton as a member of the African-American Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

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

COMMUNICATION: COUNTY EXECUTIVE: Geographic Information System: Proposed Act authorizing the County to enter into IMA’s with municipalities located in the County for the purpose of sharing geographic information system data was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Sewer District Modification: Proposed Acts authorizing modifications to the Peekskill Sanitary Sewer District was on motion of Mr. Young received, filed and referred to the Committee on Public Works.

COMMUNICATION: COUNTY EXECUTIVE: Gift Acceptance: Acceptance of a gift from Bradhurst Site Construction Corp. to be used at the County’s golf courses was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: Dellwood Property Lease Agreement: Proposed Local Law authorizing the County to enter into a lease agreement with the City of White Plains pursuant to which the County would maintain the premises known as the Dellwood Property as an “Open Area” was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Parks.

COMMUNICATION: COUNTY EXECUTIVE: Tourist Promotion Agency: Proposed Resolution authorizing the County to designate the Westchester County Office of Tourism as the “tourist promotion agency” for the County was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

CITIZEN COMMUNICATION: CITIZENS CAMPAIGN FOR THE ENVIRONMENT: Clean Water Act Day: Proposed Resolution designating October 18^th, 2002 as “Clean Water Day” in Westchester County was on motion of Mr. Young received, filed and referred to the Committee on the Environment & Health.

COMMUNICATION: HON. GEORGE LATIMER: Human Rights Commission Amendment: Forwarding a proposed amendment to the County’s Human Rights Commission was on motion of Mr. Young received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. GEORGE LATIMER: Approved Apprenticeship Agreements: Forwarding a letter from the President of the Building and Construction Trades Council regarding approved Apprenticeship Agreements was on motion of Mr. Young received, filed and referred to the Committee on Labor.

COMMUNICATION: HON. RICHARD WISHNIE: Property Tax Relief Act: Forwarding a letter from a constituent supporting the passage of the Property Tax Relief Act was on motion of Mr. Young received, filed and referred to the Committee on Budget & Appropriations.

COMMUNICATION: HON. LOIS BRONZ: Environmental Degradation in Westchester: Forwarding a letter from two constituents concerned about environmental degradation and risks in Westchester was on motion of Mr. Young received, filed and referred to the Committee on the Environment & Health.

COMMUNICATION: HON. ANDREA STEWART-COUSINS: AMBER Plan: Forwarding a communication about the AMBER Plan – America’s Missing: Broadcast Emergency Response was on motion of Mr. Young received, filed and referred to the Committee on the Environment & Health was on motion of Mr. Young received, filed and referred to the Committee on Legislation and the Committee on Public Safety and Criminal Justice.

COMMUNICATION: HON. SUZANNE SWANSON: Ladder Truck Purchase: Forwarding a letter from the Chairman of the Valhalla Board of Fire Commissioners regarding the purchase of the Ladder Truck by the Fire Training Center was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Safety and Criminal Justice.

COMMUNICATION: HON. SUZANNE SWANSON: Sewer District Modification: Forwarding a Resolution passed by the Town of Mount Pleasant requesting the removal of parcels located at 7 Rose Hill Road in Briarcliff Manor and 4 Leddy Lane in Pleasantville from the Saw Mill Sanitary Sewer District was on motion of Mr. Young received, filed and referred to the Committee on Public Works.

COMMUNICATION: HON. THOMAS ABINANTI: Property Revaluation: Forwarding a Newsday article entitled Nassau Sends Taxing Letters was on motion of Mr. Young received, filed and referred to the Committee on the Legislation.

COMMUNICATION: HON. THOMAS ABINANTI: Physical Threat at Indian Point: Forwarding an article by the Westchester Public Issues Institute entitled The Physical Threat at Indian Point – A Review of the Issues was on motion of Mr. Young received, filed and referred to the Committee on the Environment & Health and the Committee on Public Safety and Criminal Justice.

COMMUNICATION: HON. THOMAS ABINANTI: Closing Indian Point: Forwarding an article by the Westchester Public Issues Institute entitled Closing Indian Point – Implications for NYC Metro Energy Supply was on motion of Mr. Young received, filed and referred to the Committee on the Environment & Health and the Committee on Public Safety and Criminal Justice.

COMMUNICATION: CLERK OF THE BOARD: Revised Enrollment Figures: Forwarding revised enrollment figures from the Commissioners of Elections was on motion of Mr. Young received, filed and referred to the Committee on Community Affairs and the Committee on Cultural and Ethnic Diversity.

COMMUNICATION: HON. GEORGE OROS: Purchase of Ladder Truck: Forwarding a copy of a letter to the County Executive from the Secretary of the County Volunteer Fireman’s Association regarding the proposed purchase of a Ladder Truck at the Fire Training Center was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Safety and Criminal Justice.

COMMUNICATION: HON. GEORGE LATIMER: Certified Apprenticeship Programs: Forwarding a letter from the Organizer of District Council 9 regarding the Certified Apprenticeship Programs was on motion of Mr. Young received, filed and referred to the Committee on Labor.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Phase II Storm Water General Permits: Forwarding the Recommendations of the Watershed Inspector General to the New York State Department of Environmental Conservation concerning the Phase II Storm Water General Permits was on motion of Mr. Young received, filed and referred to the Committee on the Environment & Health.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Clean Indoor Air Act: Forwarding a letter from the Regional Advocacy Director of the American Cancer Society and the Executive Director of the American Lung Association expressing support for the Clean Indoor Air Act was on motion of Mr. Young received, filed and referred to the Committee on the Environment & Health and the Committee on Legislation.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Airport De-icing Facility: Forwarding a Resolution passed by the Town of Rye regarding the Positive Declaration Notice of Intent to proposed a Draft EIS Determination of Significance concerning the Airport Centralized De-icing Facility Action was on motion of Mr. Young received, filed and referred to the Committee on the Environment & Health.

COMMUNICATION: HON. WILLIAM RYAN: New Immigrant Worker Project: Forwarding a letter from the Economic Development Department of the City of White Plains regarding the Hitachi New Immigrant Worker Project was on motion of Mr. Young received, filed and referred to the Committee on Cultural and Ethnic Diversity.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Airport De-icing Project: Forwarding a letter from a County resident regarding the County’s Airport De-icing Project was on motion of Mr. Young received, filed and referred to the Committee on the Environment & Health.

COMMUNICATION: HON. LOIS BRONZ: Power Outages: Forwarding a letter from Westchester residents expressing their thoughts about the recent power outages was on motion of Mr. Young received, filed and referred to the Committee Community Affairs.

COMMUNICATION: HON. MARTIN ROGOWSKY: Sewer Tax Relief: Forwarding a Resolution passed by the Village of Port Chester requesting that the County investigate means of providing relief from the sewer tax currently imposed on the Village property owners disproportionate to the rates charged other owners in the County was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. GEORGE LATIMER: Playland Governance and Master Plan: Forwarding a letter from the City of Rye’s Playland Advisory Committee regarding issues of Playland governance and Master Plan development was on motion of Mr. Young received, filed and referred to the Committee Parks.

COMMUNICATION: HON. GEORGE LATIMER: Sewer District Modification: Forwarding a Resolution passed by the Town of Mamaroneck requesting removal of certain properties from the Mamaroneck Sewer District was on motion of Mr. Young received, filed and referred to the Committee on Public Works.

COMMUNICATION: HON. MARTIN ROGOWSKY: State-Mandated Costs: Forwarding a 1991 Board Resolution calling on the State to remove the requirement for counties to renovate their courthouses until such time as the State provides the financing necessary to cover the costs of said renovations and reaffirming its support for State legislation authorizing a Constitutional amendment that would prohibit the State Legislature from imposing unfunded mandates was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Legislation.

COMMUNICATION: HON. RICHARD WISHNIE: Property Tax Relief Act: Forwarding a letter from a County resident urging support for the Property Tax Relief Act was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. GEORGE LATIMER: Four-year Terms for Election Commissioners: Forwarding letters from various New York State Counties regarding the four-year term for Board of Election Commissioners 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. MICHAEL KAPLOWITZ: Ephedra Restrictions: Forwarding a letter from the Consumer Healthcare Products Association regarding the proposed Westchester County Law – Restrictions on Dietary Supplements containing Ephedra was on motion of Mr. Young received, filed and referred to the Committee on the Environment & Health and the Committee on Legislation.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: De-Icing Facility: Forwarding a letter from the Sierra Club regarding the Public Scoping for the Westchester County Airport De-Icing Facility was on motion of Mr. Young received, filed and referred to the Committee on the Environment & Health.

COMMUNICATION: HON. MICHAEL KAPLOWITZ: Smoker Harassment: Forwarding a letter from the Founder of the Citizens Lobby Against Smoker Harassment regarding the extension of smoking bans was on motion of Mr. Young received, filed and referred to the Committee on the Environment & Health and the Committee on Legislation.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Acquisition of Permanent Easement: ACT 166-2002: Authorizing the County to acquire a permanent easement from 666 Apartment Corporation.

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, Maisano, Abinanti, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 13.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act: (BOND) ACT 167-2002: Authorizing the issuance of $100,000 in bonds – Preliminary development of the County’s initial phase II storm water management plan.

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, Maisano, Abinanti, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 13.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act: (BOND) ACT 170-2002: Authorizing the issuance of $1,767,000 in bonds to finance three components of the Michaelian Office Building Modernization.

Mr. Wishnie presented the following Report and Act which was laid “OVER” under the Rules by Mr. Maisano.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Capital Budget Amendment: ACT 168-2002: Amending the County 2002 Capital Budget - +$500,000 – Michaelian Office Building Modernization.

Mr. Wishnie presented the following Report and Act which was laid “OVER” under the Rules by Mr. Maisano.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Capital Budget Amendment: ACT 169-2002: Amending the County 2002 Capital Budget.

Mr. Wishnie presented the following Report and Act which was laid “OVER” under the Rules by Mr. Maisano.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act: (BOND) ACT 171-2002: Authorizing the issuance of $101,500 in bonds – Storm Water Management Study.

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, Maisano, Abinanti, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 13.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON PUBLIC WORKS: Bond Act: (BOND) ACT 172-2002: Authorizing the issuance of $1,340,000 in bonds – Construction of improvements to the exterior of the County Center.

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, Maisano, Abinanti, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 13.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS: DARE IMA: ACT 173-2002: Authorizing the County to enter into an IMA with the Village of Buchanan whereby the Westchester County Department of Public Safety will participate in the Village’s Drug Abuse Resistance Education Program for a term commencing on April 15, 2002 and terminating on April 14, 2005.

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, Maisano, Abinanti, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 13.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON PARKS: Bond Act: (BOND) ACT 174-2002: Authorizing the issuance of $105,000 in bonds – Design of South County Trailway from Dunwoodie Golf Course to the New York City Border.

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, Maisano, Abinanti, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 13.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON PARKS: Bond Act: (BOND) ACT 175-2002: Authorizing the issuance of $110,000 in bonds – Design and construction management of the gazebo restoration, pathway resurfacing and drainage improvements at Tibbetts Brook 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, Maisano, Abinanti, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 13.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON PARKS: Bond Act: (BOND) ACT 176-2002: Authorizing the issuance of $100,000 in bonds – Design of 3 segments of Riverwalk.

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, Maisano, Abinanti, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 13.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS, COMMITTEE ON PARKS AND COMMITTEE ON PUBLIC WORKS: Bond Act: (BOND) ACT__________2002: Authorizing the issuance of $150,000 in bonds – Design of a new pathway in the Bronx River Reservation from the Crane Road Bridge at the Scarsdale/Greenburgh border to the County Tennis Club.

Mr. Wishnie presented the following report and act and moved that the report be received, filed and approved and the act adopted, which motion FAILED by the following vote:

AYE: Legislators: Young, Maisano, Alvarado, Latimer, Pinto, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 10.

NAY: Legislators Abinanti, LaMotte and Rogowsky - 3.

(12 Affirmative votes are needed to pass bonding legislation.)

Mr. Abinanti then asked that he be recorded in the affirmative, making the vote 11 to 2.

Mr. Abinanti then asked to reconsider the vote just taken, and his motion was unanimously carried.

The Bond Act was then before the Board again and, on motion of Mr. Wishnie, was reconsidered.

COMMITTEE ON BUDGET AND APPROPRIATIONS, COMMITTEE ON PARKS AND COMMITTEE ON PUBLIC WORKS: Bond Act: (BOND) ACT 177-2002: Authorizing the issuance of $1,550,000 in bonds – Construction of a new building and associated site improvements at Playland Park in Rye.

Mr. Wishnie presented the following Report and Act which was laid “OVER” under the Rules by Mr. Abinanti.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON PARKS: Bond Act: (BOND) ACT 178-2002: Authorizing the issuance of $200,000 in bonds – Preparation of a comprehensive Master Plan for the 37 acre parcel of land formerly known as the Unification Church property.

Mr. Wishnie presented the following Report and Act which was laid “OVER” under the Rules by Mr. Maisano.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Peekskill IDA Environmental: RES 99-2002: Finding that there will be no significant impact on the environment from the adoption of an Act which would terminate certain easement rights in favor of the County over certain real property belonging to the Peekskill Industrial Development Agency.

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

COMMITTEE ON BUDGET AND APPROPRIATIONS: Peekskill IDA Easement Termination: ACT 179-2002: Authorizing an agreement with the City of Peekskill IDA and the Westchester County IDA to release and terminate certain easement rights in favor of the County of Westchester over certain real property owned by the PIDA and to obtain in exchange for such release an access easement in favor of the County over certain other real property owned by the Peekskill IDA.

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, Maisano, Abinanti, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 13.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS: Pilot – Indian Point 2: RES 100-2002: Setting a Public Hearing on a proposed Local Law authorizing the County to exempt property located in the Town of Cortlandt and covered by Tax Parcel Numbers SBL #43.10-2-1 and SBL #43.14-2-1.1 and to enter into a PILOT Agreement with Entergy Nuclear Indian Point 2, LLC, the Town of Cortlandt and the Hendrick Hudson School District. [Public Hearing set for August 6, 2002 at 4:00 P.M.; Local Law Intro 2002]

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

COMMITTEE ON BUDGET AND APPROPRIATIONS: RES 101-2002: Setting a Public Hearing on a proposed Local Law authorizing the County to exempt property located in the Town of Cortlandt and covered by Tax Parcel Number SBL #43.10-2-2 and to enter into a PILOT Agreement with Entergy Nuclear Indian Point 3, LLC, the Town of Cortlandt and the Hendrick Hudson School District. [Public Hearing set for August 6, 2002 at 4:00 P.M.; Local Law Intro 14-2002]

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

COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON HOUSING: Pleasantville Affordable Housing Environmental: RES 102-2002: Finding that there will be no significant impact on the environment from the adoption of an Act to authorize the County to purchase two adjacent properties in the Village of Pleasantville for the purpose of providing affordable housing for seniors.

Mr. Wishnie and Mrs. Swanson presented the following Resolution. Mr. Abinanti, seconded by Mr. Maisano, moved to amend the Committee Report, as follows:

In the last paragraph of the second page of the Committee Report, delete the phrase:

“Further, it is the opinion of the County Attorney that the proposed legislation falls within the “public purpose” exception to Section 209;.l101, subdivision (b) of the Laws of Westchester County as enacted pursuant to Local Law Intro No. l 20-2001. Therefore, it would be unnecessary for your Honorable Board to comply with the provisions of that legislation in order to adopt the attached Act”

and to insert the following phrase:

“The Board of Legislators is in receipt of a Resolution from the Village of Pleasantville waiving any rights it may have pursuant to Section 209.101, Subdivision 8 (b) of the Laws of Westchester County”.

Mr. Abinanti’s motion was carried unanimously.

Mr. Wishnie and Mrs. Swanson again presented Resolution 102-2002 and moved its adoption, which was declared adopted.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON HOUSING: Pleasantville Affordable Housing Authorization to Purchase: ACT 180-2002: Authorizing the county to purchase two adjacent parcels of real property located in the Village of Pleasantville, and immediately thereafter convey said real property to a developer for the purpose of providing 24 units of affordable senior rental housing for a period of 40 years.

Mr. Wishnie and Mrs. Swanson 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, Maisano, Abinanti, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 13.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON HOUSING: Pleasantville Affordable Housing Bond Act: (BOND) ACT 181-2002: Authorizing the issuance of $630,000 in bonds – Pleasantville affordable senior rental housing.

Mr. Wishnie and Mrs. Swanson 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, Maisano, Abinanti, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 13.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON PUBLIC WORKS: Bond Act: (BOND) ACT 182-2002: Authorizing the issuance of $400,000 in bonds – Design associated with the office renovations for the basement, third, fifth, seventh and tenth floors of the County-owned office complex in the City of Mount Vernon.

Mr. Pinto 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, Maisano, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 12.

NAY: None.

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

COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act: (BOND) ACT 183-2002: Authorizing the issuance of $910,000 in bonds – Design of the expansion and renovation of the Forensic Science and Toxicology laboratories located at the Valhalla Campus.

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, Maisano, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 12.

NAY: None.

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

COMMITTEE ON BUDGET AND APPROPRIATIONS: Bond Act: (BOND) ACT 184-2002: Authorizing the issuance of $100,000 in bonds – Design of the restoration of the Wagon Shed, Chicken Coop and associated site work at Muscoot Farm.

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, Maisano, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 12.

NAY: None.

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

Old White Plains Road Housing Project Environmental: RES 103-2002: Finding that there will be no significant impact on the environment from the adoption of an Act to authorize the County to purchase approximately 10,000 square feet of real property located at 726 Old White Plains Road.

Mr. Wishnie presented the following Report and Act.

Mr. Abinanti, seconded by Mr. Maisano, moved to amend the Committee Report, as follows:

In the last paragraph of the first page of the Committee Report, delete the phrase:

and to insert the following phrase:

Mr. Abinanti’s motion was carried unanimously.

Mr. Wishnie and Mrs. Swanson again presented Resolution 102-2002 and moved its adoption, which was declared adopted.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON HOUSING: Old White Plains Road Purchase Authorization: ACT 185-2002: Authorizing the County to purchase real property located at 726 Old White Plains Road in the Village of Mamaroneck.

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, Maisano, Abinanti, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 13.

NAY: None.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND COMMITTEE ON HOUSING: Old White Plains Road Bond Act: (BOND) ACT 186-2002: Authorizing the issuance of $420,000 in bonds – Old White Plains Road property acquisition.

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, Maisano, Abinanti, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 13.

NAY: None.

COMMITTEE ON LEGISLATION AND COMMITTEE ON THE ENVIRONMENT & HEALTH: Sale and Display of Products Containing Ephedra: LOCAL LAW INTRO 12-2002: Adding a new Article XXII to Chapter 863 of the Laws of Westchester County to restrict the sale and display of dietary supplements containing Ephedra and to require the posting of signage advising consumers to read and follow product labels and warnings.

Mrs. Stewart-Cousins presented the following report and Local Law and moved that the report be received, filed and approved and the Local Law adopted, which motion was carried by the following vote:

AYE: Legislators: Young, Maisano, Abinanti, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 13.

NAY: None.

COMMITTEE ON LEGISLATION: Domestic Partner Registry: RES 104-2002: Setting a Public Hearing on a proposed Local Law adding Chapter 550 to the Laws of Westchester County to establish a Domestic Partner Registry. [Public Hearing set for August 6, 2002 at 4:00 P.M.; Local Law Intro 15-2002]

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Hispanic Advisory Board Appointment: RES 105-2002: Confirming the appointment of Joaquin F. Alemany as a member of the Hispanic Advisory Board.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Soil and Water Conservation Board Reappointment: RES 107-2002: Confirming the reappointment of Phyllis Wittner as a member of the Soil and Water Conservation Board.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Soil and Water Conservation Board Reappointment: RES 108-2002: Confirming the reappointment of Peter C. Van de Water as a member of the Soil and Water Conservation Board.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Airport Advisory Board Appointment: RES 109-2002: Confirming the appointment of Timothy J. Tynan as a member of the Airport Advisory Board.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Taxi and Limousine Commission Appointment: RES 112-2002: Confirming the appointment of Morton J. David as a member of the Taxi and Limousine Commission.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: EMS Advisory Board Appointment: RES 113-2002: Confirming the appointment of William J. Rothschild 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: WCC Board of Trustees Appointment: RES 114-2002: Confirming the appointment of LeRoy W. Mitchell as a member of the Westchester Community College Board of Trustees.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Hispanic Advisory Board Appointment: RES 106-2002: Confirming the appointment of Carmen Castellanos as a member of the Hispanic Advisory Board.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: EMS Advisory Board Reappointment: RES 115-2002: Confirming the reappointment of Charles O’Connor as a member of the Emergency Services Advisory Board.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: EMS Advisory Board Reappointment: RES 116-2002: Confirming the reappointment of Chris Kalish as a member of the Emergency Services Advisory Board.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: EMS Advisory Board Reappointment: RES 117-2002: Confirming the reappointment of Susan D. Croll as a member of the Emergency Services Advisory Board.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: EMS Advisory Board Reappointment: RES 118-2002: Confirming the reappointment of Nicholas E. DeRobertis as a member of the Emergency Services Advisory Board.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Airport Advisory Board Reappointment: RES 111-2002: Confirming the reappointment of Edward M. Berman as a member of the Airport Advisory Board.

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

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Airport Advisory Board Appointment: RES 110-2002: Confirming the appointment of Robert A. Dashow as a member of the Airport Advisory Board.

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

COMMITTEE ON PUBLIC WORKS AND COMMITTEE ON THE ENVIRONMENT & HEALTH: Croton Point Railroad One Landfill: ACT 187-2002: Authorizing the County to enter into a Consent Order with the State of New York, acting by and through the New York State Department of Environmental Conservation, in connection with municipal landfill post-closure projects at the Croton Point One Landfill.

Mr. Pinto 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, Maisano, Abinanti, Alvarado, LaMotte, Latimer, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 13.

NAY: None.

COMMITTEE ON LABOR AND COMMITTEE ON THE ENVIRONMENT & HEALTH: Health and Safety for County Employees: RES 119-2002: Restating the County’s commitment to ensuring 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 Administration.

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

Acquisition and Contract Reform: RES 120-2002: Setting a Public Hearing on a proposed Local Law amending Chapters 161 and 167 of the Laws of Westchester County, in order to amend the provisions relating to the composition and powers of the Board of Acquisition & Contract, and to establish certain procedures for the operation of, and the award of contracts by, the Board of Acquisition & Contract. [Public Hearing set for August 5, 2002 at 7:30 P.M.; Local Law Intro 16-2002]

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

MOTION – ADJOURNMENT: 13^th District (Mr. Young): Move that when the Board adjourns, it adjourns to meet on August 5, 2002 at 7:00 P.M. - Carried.

Memorial Resolutions: RES 121-2002: All Legislators: Death of Dwyane Thomas, Napoleon Holmes; Mrs. Swanson: Death of Joseph A. Stargiotti, Paul H. “Jumbo” Rauh; Mrs. Swanson and Mr. Wishnie: Death of Connie A. Manna; Mr. Kaplowitz: Death of Frances Goldstein, Richard Morris, Eric Lumish, Frank Gatta, Stephen J. Moroz, Yolanda Schiavone, Judith Davidoff; Mr. Latimer: Death of Claire Hyland Palermo; Mr. Wishnie: Death of Dr. Samuel Weiss, Lore Noto, Jose R. Alves; Mr. Pinto: Death of Patricia A. Castello, Bohn C. Vergari, Anthony “Andy” Luceri, Elena (Helen) Luceri; David B. Johnston, Felix DeVito, Maria D’Aversa, Angelo Ciero, Jr.: Daniel Murphy, John F. O’Rourke, Frederick M. Call; Mr. Pinto and Mrs. Bronz: Death of Napoleon Holmes; Mr. Abinanti: Death of August Tatsuro Nakagawa; Mr. Young and Mr. Latimer: Death of James Dandridge.

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

On MOTION of Legislator Young,

The Board adjourned.