MINUTES

COUNTY BOARD OF LEGISLATORS

JANUARY 6, 2003 (7:00 P.M.)

 

The County Board of Legislators met pursuant to adjournment.

 

The Honorable Lois Bronz in the Chair.

 

The Chair opened the meeting with the salute to our flag and an invocation.

 

The roll call resulted as follows:

 

Legislators:  Young, Maisano, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 17.

 

Absent:  None.

 

Motion – Approval of Minutes.  Mr. Young moved that the minutes of  December 9, 2002 (Regular Meeting); December 16, 2002 (Special Meeting); December 20, 2002 (Special Meetings); December 23, 2002 (Special Meeting) be approved – Carried.

 

COMMUNICATION:  COUNTY EXECUTIVE: Bronx River Ecosystem Restoration Feasibility Study:  Authorizing the County to enter into a cost sharing agreement with the US Army and NYS DEC for the Bronx River Ecosystem Restoration Feasibility Study was on motion of Mr. Young received, filed and referred to the Committee on the Environment and Health.

 

COMMUNICATION:  COUNTY EXECUTIVE:  2002 Water District Budget:  Proposed Act amending the 2002 Water District No. 1 Operating Budget was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  COUNTY EXECUTIVE:  Transfer Resolution:  Transfer of miscellaneous 2002 budget funds in the amount of $13,000 was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  COUNTY EXECUTIVE:  Memorandum of Understanding-Critical Incident Response Team:  Proposed Act authorizing the County to enter into a Memorandum of Understanding with the FBI and various municipalities for the purpose of creating a critical incident response team was on motion of Mr. Young received, filed and referred to the Committee on Public Safety and Criminal Justice and the Committee on Budget and Appropriations.

 

COMMUNICATION:  COUNTY EXECUTIVE:  Refuse Disposal Advisory Board Appointment:  Appointment of Daniel Baskerville to the Refuse Disposal District No. 1 Advisory Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  COUNTY EXECUTIVE:  Appointment-Acting Commissioner-Department of Planning:  Proposed Resolution appointing Gerard E. Mulligan as the Acting Commissioner of the Westchester County Department of Planning was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  COUNTY EXECUTIVE:  Court Ordered Refunds:  Forwarding an information 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:  Greenway Conservancy Matching Grant:  Proposed Resolution to apply for a matching grant from the Greenway Conservancy to design a stairway at Teller’s Point in Croton Point Park was on motion of Mr. Young received, filed and referred to the Committee on Parks.

 

COMMUNICATION:  COUNTY EXECUTIVE:  Mark 1 Nerve Agent Antidote Kits:  Proposed Act authorizing the County to enter into an agreement with WCHCC to provide 50 Mark 1 nerve agent antidote kits was on motion of Mr. Young received, filed and referred to the Committee on the Environment and Health and the Committee on Budget and Appropriations.

 

COMMUNICATION:  COUNTY EXECUTIVE:  Child Safety Seats:  Proposed Act requiring that child-safety seats be made available in for-hire vehicles was on motion of Mr. Young received, filed and referred to the Committee on Public Safety and Criminal Justice.

 

COMMUNICATION:  HON. TOM ABINANTI:  Legislator Service on County Boards:  Request that the Board review the current practice of appointing legislators to sit on certain County Boards was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  HON. LOU MOSIELLO:  Davids Island:  Forwarding constituent correspondence regarding a Davids Island park was on motion of Mr. Young received, filed and referred to the Committee on Parks and the Committee on the Environment and Health.

 

COMMUNICATION:  HON. LOU MOSIELLO:  Civil Service Job Opportunities-2003 Budget:  Forwarding a Public Works Department civil service job posting from December 9, 2002 was on motion of Mr. Young received, filed and referred to the Committee on Community Affairs and the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Department of Transportation:  Forwarding the Designation of Deputies for the Department of Transportation was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Department of Human Resources:  Forwarding the Designation of Deputies for the Department of Human Resources was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Department of Planning:  Forwarding the Designation of Deputies for the Department of Planning was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Department of Public Safety:  Forwarding the Designation of Deputies for the Department of Public Safety was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Department of Information Technology:  Forwarding the Designation of Deputies for the Department of Information Technology was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Department of Labs and Research:  Forwarding the Designation of Deputies for the Department of Labs and Research was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Department of Emergency Services:  Forwarding the Designation of Deputies for the Department of Emergency Services was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- WCC:  Forwarding the Designation of Deputies for Westchester Community College was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Department of Public Works:  Forwarding the Designation of Deputies for the Department of Public Works was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Department of Correction:  Forwarding the Designation of Deputies for the Department of Correction was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Department of Health:  Forwarding the Designation of Deputies for the Department of Health was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Public Utility Service Agency:  Forwarding the Designation of Deputies for the Public Utility Service Agency was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Department of Environmental Facilities:  Forwarding the Designation of Deputies for the Department of Environmental Facilities was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Department of Finance:  Forwarding the Designation of Deputies for the Department of Finance was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Department of Social Services:  Forwarding the Designation of Deputies for the Department of Social Services was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- District Attorney:  Forwarding the Designation of Deputies for the District Attorney’s office was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Department of Parks, Recreation and Conservation:  Forwarding the Designation of Deputies for the Department of Parks, Recreation and Conservation was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Budget Department:  Forwarding the Designation of Deputies for the Budget Department was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  HON. MICHAEL KAPLOWITZ:  Real Property Tax Exemptions:  Forwarding correspondence from the Town of New Castle regarding real estate tax incentives for volunteer emergency service workers 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:  CLERK OF THE BOARD:  Designation of Deputies- Department of Community Mental Health:  Forwarding the Designation of Deputies for the Department of Community Mental Health was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Department of Probation:  Forwarding the Designation of Deputies for the Department of Probation was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  CLERK OF THE BOARD:  Designation of Deputies- Department of Senior Programs and Services:  Forwarding the Designation of Deputies for the Department of Senior Programs and Services was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  HON. MICHAEL KAPLOWITZ:  Apartment Building Incinerators:  Forwarding correspondence from the Federated Conservationists of Westchester regarding problems with apartment building incinerators was on motion of Mr. Young received, filed and referred to the Committee on the Environment and Health and the Committee on Legislation.

 

COMMUNICATION:  HON. VITO PINTO:  Playland:  Forwarding correspondence from Playland Director Joseph Montalto regarding the Ice Casino was on motion of Mr. Young received, filed and referred to the Committee on Parks.

 

COMMUNICATION:  HON. GEORGE LATIMER:  State Mental Health System:  Forwarding information from NAMI-New York State regarding the state mental health system was on motion of Mr. Young received, filed and referred to the Committee on the Environment and Health.

 

COMMUNICATION:  HON. GEORGE LATIMER:  NYS Psychiatric Assoc.  Forwarding the New York State Psychiatric Association’s 2002 legislative report was on motion of Mr. Young received, filed and referred to the Committee on the Environment and Health.

 

COMMUNICATION:  CLERK OF THE BOARD:  County Road System Machinery:  Forwarding a listing of machinery and equipment purchased by the County for the maintenance of the County road system was on motion of Mr. Young received, filed and referred to the Committee on Public Works.

 

COMMUNICATION:  CLERK OF THE BOARD:  Certificate of Authorization: Certificate of Authorization allowing the Commissioner of Parks to award certain contracts was on motion of Mr. Young received, filed and referred to the Committee on Parks and the Committee on Budget and Appropriations.

 

COMMUNICATION:  HON. SUZANNE SWANSON: County Sewer Districts:  Forwarding correspondence from the Town of Mt. Pleasant regarding the removal from the Saw Mill Sewer District 778 Sleepy Hollow Road in Briarcliff Manor was on motion of Mr. Young received, filed and referred to the Committee on Public Works and the Committee on Budget and Appropriations.

 

COMMUNICATION:  HON. LOU MOSIELLO:  Contract with Apollo Transportation:  Forwarding correspondence from legal counsel regarding the County’s termination of its contract with Apollo Transportation was on motion of Mr. Young received, filed and referred to the Committee on Public Works.

 

COMMUNICATION:  CLERK OF THE BOARD: Designation of Deputies-County Clerk:  Forwarding the Designation of Deputies for the County Clerk’s Office was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  HON. LOIS BRONZ:  Mountain Lakes Day Camp:  Forwarding a constituent letter in support of keeping Mountain Lakes Day Camp open was on motion of Mr. Young received, filed and referred to the Committee on Parks and the Committee on Budget and Appropriations.

 

COMMUNICATION:  HON. LOIS BRONZ:  New Homes Land Acquisition Program:  Forwarding correspondence and a resolution from the Westchester County Housing Opportunity Commission with regard to preserving the New Homes Land Acquisition Program was on motion of Mr. Young received, filed and referred to the Committee on Housing.

 

COMMUNICATION:  HON. MICHAEL KAPLOWITZ:  2003 Contingency Budget-Greenburgh Branch of the DA’s Office:  Forwarding correspondence from the Greenburgh Chief of Police regarding the potential impact of the 2003 Contingency Budget with respect to the Greenburgh Branch of the District Attorney’s office 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.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC SAFETY AND CRIMINAL JUSTICE:  Critical Response Team:  ACT 1-2003:  Act authorizing the County to enter into a Memorandum of Understanding with the FBI, New York State Police and various municipalities for the purpose of creating a Critical Incident Response Team.

 

The following item was laid “OVER” under the Rules by Mr. Abinanti.

COMMITTEE ON BUDGET & APPROPRIATIONS:  2002 Water District Budget:  ACT 2-2003:  Proposed Act amending the 2002 Water District No. 1 Operating Budget.

 

The following item was laid “OVER” under the Rules by Mrs. Swanson.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON RULES:  Pay Plan Amendment:  ACT 3-2003:  Proposed Act amending County Law establishing personnel rules in Westchester County service and adopting classification of positions and schedules of pay.

 

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, Abinanti, Alvarado, Kaplowitz, Latimer, Pinto, Rogowsky, Ryan, Stewart-Cousins, Wishnie, Chair – 11.

 

NAY:  Legislators:  Maisano, LaMotte, Mosiello, Oros, Spreckman, Swanson – 6.
COMMITTEE ON BUDGET & APPROPRIATIONS:  Environmental Assessment-WCC Campus Facilities Master Plan 1999:  RES 2-2003:  Resolution establishing a Positive Declaration under SEQRA regarding the authorization for implementing the 1999 Westchester Community College Facilities Master Plan.

 

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

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PARKS AND RECREATION:  Land Conveyance to Militello Restaurant-Environmental:  RES 3-2003:  Resolution finding no significant environmental impact regarding the conveyance of 4,090 square feet of County property to Militello Restaurant.

 

The following item was laid “OVER” under the Rules by Mr. Maisano.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PARKS AND RECREATION:  Land Conveyance to Militello Restaurant:  ACT 4-2003:  Act authorizing the conveyance of 4,090 square feet of County property to Militello Restaurant for the price of $37,500.

 

The following item was laid “OVER” under the Rules by Mr. Maisano.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PARKS AND RECREATION:  RES 4-2003:  Land Conveyance of Stokes-Green Property to NYC-Environmental:  Resolution finding no significant environmental impact regarding the conveyance of County property to New York City.

 

The following item was laid “OVER” under the Rules by Mr. Oros.

 

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PARKS AND RECREATION:  Land Conveyance of Stokes-Green Property to NYC:  ACT 5-2003:  Act authorizing the County to sell a portion of the Stokes-Green Property (Cortlandt) to the City of New York.

 

The following item was laid “OVER” under the Rules by Mr. Oros.

 

SPECIAL ORDER: CHAIR OF THE BOARD :  Hudson Hills Golf Course:  Motion to remove from the table proposed Bond Act 225-2002 (Reference RGC08) authorizing the issuance of $850,000 in bonds to finance construction of a new clubhouse building – Hudson Hills Golf Course.

 

On motion of Mr. Wishnie, seconded by Mrs. Bronz, the motion to remove the following item from the table was carried by the following vote: 

 

AYE:  Legislators:  Young, Alvarado, Kaplowitz, LaMotte, Latimer, Pinto, Rogowsky, Ryan, Spreckman, Stewart-Cousins, Wishnie, Chair – 12.

 

NAY:  Legislators:  Maisano, Abinanti, Mosiello, Oros, Swanson – 5.

SPECIAL ORDER: CHAIR OF THE BOARD: Hudson Hills Golf Course:  ACT 225-2002:  Proposed Bond Act 225-2002 (Reference RGC08) authorizing the issuance of $850,000 in bonds to finance construction of a new clubhouse building – Hudson Hills Golf Course.

 

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, Alvarado, Kaplowitz, LaMotte, Latimer, Pinto, Rogowsky, Ryan, Spreckman, Stewart-Cousins, Wishnie, Chair – 12.

 

NAY:  Legislators:  Maisano, Abinanti, Mosiello, Oros, Swanson – 5.

SPECIAL ORDER: CHAIR OF THE BOARD:  Wireless Communications Surcharge:  Motion to remove from the table proposed Local Law Intro 25-2002 authorizing the County to impose a surcharge on usage of each wireless communications device within Westchester.

 

On motion of Mr. Pinto, seconded by Mr. Wishnie, the motion to remove the following item from the table was carried by the following vote: 

 

AYE:  Legislators:  Young, Abinanti, Alvarado, Kaplowitz, Latimer, Pinto, Rogowsky, Ryan, Stewart-Cousins, Wishnie, Chair – 11.

 

NAY:  Legislators:  Maisano, LaMotte, Mosiello, Oros, Spreckman, Swanson – 6.

 

SPECIAL ORDER: CHAIR OF THE BOARD:  Wireless Communications Surcharge:  Local Law 25-2002:  Proposed Local Law Intro 25-2002 authorizing the County to impose a surcharge on usage of each wireless communications device within Westchester.

 

Mr. Wishnie 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, Abinanti, Alvarado, Kaplowitz, Latimer, Pinto, Rogowsky, Ryan, Stewart-Cousins, Wishnie, Chair – 11.

 

NAY:  Legislators:  Maisano, LaMotte, Mosiello, Oros, Spreckman, Swanson – 6.

MOTION – ADJOURNMENT:  13th District (Mr. Young):  Move that when the Board adjourns, it adjourns to meet on January 21, 2003 at 7:00 p.m. – Carried.

 

Memorial Resolutions:  RES 5-2003:  Mr. Pinto:  Death of Dr. Arthur Levy, Catherine Fenzel, Rita Chiarelli, Ellen E. Yamin, Jeanette Louise Summa, Filomena Gloria Defillippo, Thomas J. Heffernan, Yolanda G. Fioriello, Mr. Ciampi, Bradley Reetz;  Mr. Maisano:  Death of Frank Bucello, Sr., Angela F. Coschigano, Fenesia “Fran” Vaccaro; Mrs. Bronz:  Death of Virginia Ruth Castleberry; Mr. Young:  Death of Fannie Pauline (Lundy) Queen;  Mr. Young, Mrs. Bronz and Mrs. Stewart-Cousins:  Death of Frederick Watts, Jr. Esq.; Mrs. LaMotte: Death of Joseph J. Cambareri; Anand Kulangara; Costas Philippides;  Mrs. LaMotte and Mr. Rogowsky:  Death of Kenneth R. Wolff; Mrs. LaMotte and Mrs. Swanson:  Death of Stephany Genovese; Mr. Abinanti:  Death of George Petretti; Mr. Abinanti, Mrs. Bronz and All Legislators:  Death of Jesse Rothstein; All Legislators:  Death of Nicholas Russo  Mr. Wishnie:  Death of LeRoy J. Camp; Fortunato DiRenno; Norma Leree Cecconi; Alvin Joel Rudnick; Elenor D. Mowatt; Harry Clayton White; Mary Margaret Smith; Gloria Jean Moses Coleman; Mrs. Spreckman:  Death of Fiorino Guglielmi;  Mr. Kaplowitz:  Death of Joseph P. Foley, Jr.;  Mrs. Stewart-Cousins:  Death of Barbara Melton; Mr. Young, Mr. Latimer, and Mrs. Bronz:  Death of Dr. James Hubert; Mr. Maisano:  Death of Mrs. McLeer;  Mr. Maisano and Mr. Latimer:  Death of Thomas Murray;  Mr. Latimer:  Death of Eileen Clancy;  Mr. Latimer & All Legislators:  Death of Teresa Ennis;  Mr. Pinto, Mr. Latimer and Mrs. Spreckman:  Death of Mauro Valentine;  All Legislators:  Death of Elizabeth Lanno.

 

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.