MINUTES
COUNTY BOARD OF LEGISLATORS
JANUARY 21, 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 January 6, 2003 (Special Meeting); January 6, 2003 (Regular Meeting); and January 13, 2003 (Special Meeting) be approved – Carried.
UNFINISHED BUSINESS: Critical Response Team: COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC SAFETY AND CRIMINAL JUSTICE: 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.
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, Maisano, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 17.
NAY: None.
UNFINISHED BUSINESS: 2002 Water District Budget: COMMITTEE ON BUDGET & APPROPRIATIONS: ACT 2-2003: Proposed Act amending the 2002 Water District No. 1 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, Maisano, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 17.
NAY: None.
UNFINISHED BUSINESS: Land Conveyance to Militello Restaurant-Environmental: COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PARKS AND RECREATION: RES 3-2003: Resolution finding no significant environmental impact regarding the conveyance of 4,090 square feet of County property to Militello Restaurant.
Mr. Wishnie presented the following Resolution and moved its adoption, which was declared adopted.
UNFINISHED BUSINESS: Land Conveyance to Militello Restaurant: COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PARKS AND RECREATION: ACT 4-2003: Act authorizing the conveyance of 4,090 square feet of County property to Militello Restaurant for the price of $37,500.
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, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 17.
NAY: None.
UNFINISHED BUSINESS: Land Conveyance of Stokes-Green Property to NYC-Environmental: COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PARKS AND RECREATION: RES 4-2003 Resolution finding no significant environmental impact regarding the conveyance of County property to New York City.
Mr. Wishnie presented the following Resolution and moved its adoption, which was declared adopted.
UNFINISHED BUSINESS: Land Conveyance of Stokes-Green Property to NYC: COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PARKS AND RECREATION: ACT 5-2003: Act authorizing the County to sell a portion of the Stokes-Green Property (Cortlandt) to the City of New York.
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, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 17.
NAY: None.
COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of up to $4,000,000 – Sewer System Rehabilitation, Yonkers Joint Districts (SY085) [DIRECT TO B&A] was laid “OVER” under the Rules by Mr. Maisano.
COMMUNICATION: COUNTY EXECUTIVE: Appointment-Electrical Licensing Board: Resolution appointing Carl D’Angelo to the Electrical Licensing Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.
COMMUNICATION: COUNTY EXECUTIVE: Organic Yard Waste Program: Proposed Act authorizing the County to enter into an IMA with various municipalities in order to continue an Organic Yard Waste Transfer Program was on motion of Mr. Young received, filed and referred to the Committee on Legislation, the Committee on the Environment and Health, and the Committee on Budget and Appropriations.
COMMUNICATION: COUNTY EXECUTIVE: IMAs with Various Municipalities for the Provision of Elderly Nutrition Programs: Act authorizing the County to enter into IMAs with Mount Vernon, Port Chester, Mount Kisco, Ossining, Eastchester, Greenburgh, Mount Pleasant, New Castle, Somers and Yorktown for the provision of nutrition programs for the elderly was on motion of Mr. Young received, filed and referred to the Committee on Seniors and the Committee on Budget and Appropriations.
COMMUNICATION: COUNTY EXECUTIVE: COUNTY EXECUTIVE: Agreement with WCHCC for Environmental, Microbiological, Toxicological and Forensic Science Services: Act authorizing the County to enter into an agreement with WCHCC whereby the County will provide WCHCC with environmental, microbiological, toxicological and forensic science services was on motion of Mr. Young received, filed and referred to the Committee on Public Safety and Criminal Justice, the Committee on Budget and Appropriations, and the Committee on the Environment and Health.
COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Authorizing the issuance of up to $2,000,000 – Sewer System Rehabilitation, Yonkers Joint Districts (SY085) [DIRECT TO B&A; REPLACES PRIOR DRAFT] was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.
COMMUNICATION: COUNTY EXECUTIVE: Court Ordered Refunds: Forwarding an information package on Court Ordered refunds which will be paid by the Commissioner of Finance was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: COUNTY EXECUTIVE: Enhanced 911 Surcharge Funds: Act authorizing the expenditure of $2,600,00 in Enhanced 911 surcharge funds 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: HON. TOM ABINANTI: County Sales Tax: Forwarding a resolution from the Village of Hastings-on-Hudson opposing an increase in the County sales tax if municipalities and school districts do not share in the revenues was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: HON. TOM ABINANTI: Indian Point Safety: Resolution calling on Westchester County to refrain from taking any action or recertifying the County’s Evacuation Plan pending review of the independent report on the plan was on motion of Mr. Young received, filed and referred to the Committee on the Environment and Health and the Committee on Public Safety and Criminal Justice.
COMMUNICATION: HON. GEORGE LATIMER: HRC Amendment: Forwarding a letter from the Larchmont-Mamaroneck Summit Subcommittee on Human Rights regarding an amendment to the County Human Rights Law was on motion of Mr. Young received, filed and referred to the Committee on Cultural and Ethnic Diversity and the Committee on Legislation.
COMMUNICATION: HON. GEORGE OROS: Sewer District Modification: Forwarding a request to enlarge the Town of Cortlandt-Peekskill Sanitary Sewer District: 3 Lockwood Road, Cortlandt Manor was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.
COMMUNICATION: HON. GEORGE OROS: Sewer District Modification: Forwarding a request to enlarge the Town of Cortlandt-Peekskill Sanitary Sewer District: 78 Eton Lane, Cortlandt Manor was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.
COMMUNICATION: HON. LOIS BRONZ: New Home Lands Acquisition Program: Forwarding correspondence from the Community Housing Management Corp. in support of funding for the New Home Lands Acquisition Program was on motion of Mr. Young received, filed and referred to the Committee on Housing.
COMMUNICATION: HON. LOIS BRONZ: Indian Point: Forwarding a resolution from the City of White Plains regarding Indian Point safety issues was on motion of Mr. Young received, filed and referred to the Committee on the Environment and Health and the Committee on Public Safety and Criminal Justice.
COMMUNICATION: HON. GEORGE LATIMER: Labor Practices: Forwarding correspondence from UNITE regarding labor practices at the United Cerebral Palsy Association of Westchester was on motion of Mr. Young received, filed and referred to the Committee on Labor.
COMMUNICATION: HON. LOIS BRONZ: Peekskill & Yonkers Sewer Diversion: Forwarding correspondence from the Citizens for Equal Environmental Protection opposing the County’s sewage diversion plans was on motion of Mr. Young received, filed and referred to the Committee on the Environment and Health, the Committee on Public Works, the Committee on Cultural and Ethnic Diversity and the Committee on Budget and Appropriations.
COMMUNICATION: HON. TOM ABINANTI: RESCO Tipping Fees: Forwarding a memorandum from the County Attorney regarding unauthorized increases in tipping fees at the RESCO Plant was on motion of Mr. Young received, filed and referred to the Committee on Legislation.
COMMUNICATION: CLERK OF THE BOARD: Sewer District Modification: Forwarding a resolution from the Town of Yorktown requesting that the County incorporate four parcels from the Hunterbrook Sewer District into the Peekskill Sanitary Sewer District was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works.
COMMUNICATION: CLERK OF THE BOARD: Phase II Stormwater Initiative: Forwarding correspondence from the NYS DEC regarding the Phase II Stormwater initiative and the East of Hudson portion of the NYC Watershed was on motion of Mr. Young received, filed and referred to the Committee on the Environment and Health.
COMMUNICATION: CLERK OF THE BOARD: Certificates of Authorization: Forwarding a Certificate of Authorization with respect to Gerard Mulligan, Acting Commissioner of Planning was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.
COMMUNICATION: HON. MICHAEL KAPLOWITZ: Sewer Diversion: Forwarding correspondence from random Farms Homeowners Association supporting the County sewer diversion project was on motion of Mr. Young received, filed and referred to the Committee on Environment and Health, the Committee on Public Works, the Committee on Budget and Appropriations and the Committee on Cultural and Ethnic Diversity.
COMMUNICATION: HON. MICHAEL KAPLOWITZ: Hudson Hills Easement: Forwarding correspondence from the Town of New Castle regarding an easement through the Hudson Hills golf course was on motion of Mr. Young received, filed and referred to the Committee on Parks and the Committee on Environment and Health.
COMMUNICATION: HON. RICHARD WISHNIE : Indian Point: Forwarding a resolution from the Village of Briarcliff Manor regarding the Witt Report and Indian Point 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 and Health.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Initiation of Lawsuit: ACT 6-2003: Act authorizing the County to institute legal proceedings against Glen Island Concessions for non-payment of license fees.
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, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 17.
NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Settlement of Lawsuit: ACT 7-2003: Act authorizing the County to settle the lawsuit of Pawlowski v. Westchester County in the amount of $150,000.
Mr. Wishnie presented the following report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote:
AYE: Legislators: Young, Abinanti, Alvarado, Kaplowitz, Latimer, Mosiello, Oros, Pinto, Rogowsky, Ryan, Spreckman, Stewart-Cousins, Wishnie, Chair – 14.
NAY: Maisano, LaMotte, Swanson - 3.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Compromise of Claim: ACT 8-2003: Act authorizing the County Attorney to compromise the County’s right to be reimbursed for health care benefits expended.
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, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 17.
NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS: Bond Act: (BOND) ACT 9-2003: Authorizing the issuance of up to $2,000,000 – Sewer System Rehabilitation, Yonkers Joint Districts (SY085).
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, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 17.
NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON ENVIRONMENT/HEALTH: Mark 1 Nerve Agent Kits: ACT 10-2003: Act authorizing the County to enter into an agreement with WCHCC to provide 50 Mark 1 nerve agent antidote kits.
Mr. Kaplowitz 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, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 17.
NAY: None.
COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE COMMITTEE ON ENVIRONMENT/HEALTH: Lease with Panorama Flight Service: RES 7-2003: Setting a Public Hearing on a proposed Local Law to amend a lease agreement with Panorama Flight Service for the operation of a general aviation facility at the County Airport. [Public Hearing set for _______________, 2003; at _____.m.; Local Law Intro 2-2003.]
The following item was laid “OVER” under the Rules by Mrs. Swanson.
COMMITTEE ON BUDGET AND APPROPRIATIONS: Settlement of Lawsuit: ACT 11-2003: Act authorizing the County to settle the lawsuit of Marrow et. al. v. Westchester County in the amount of $237,000.
Mr. Wishnie presented the following report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote:
AYE: Legislators: Young, Maisano, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 17.
NAY: None.
COMMITTEE ON LEGISLATION AND THE COMMITTEE ON ENVIRONMENT/HEALTH: Smoke-Free Worksite: RES 8-2003: Setting a Public Hearing on a proposed Local Law amending the Laws of Westchester County to create a new Chapter 534 to be known as the Westchester Smoke-Free Worksite Law. [Public Hearing set for February 10, 2003; at 7:30 p.m.; Local Law Intro 3-2003.]
Mrs. Stewart-Cousins presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Department of Senior Programs and Services Senior Council Appointment: RES_____-2003: Confirming the appointment of Eileen N. Madison as a member of the Westchester County Department of Senior Programs and Services Senior Council.
On motion of Mrs. Swanson, the following item was recommitted.
COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Department of Senior Programs and Services Senior Council Appointment: RES_____-2003: Confirming the appointment of Jim Cronk as a member of the Westchester County Department of Senior Programs and Services Senior Council.
On motion of Mrs. Swanson, the following item was recommitted.
COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Department of Senior Programs and Services Senior Council Appointment: RES_____-2003: Confirming the appointment of Daniel Sambol as a member of the Westchester County Department of Senior Programs and Services Senior Council.
On motion of Mrs. Swanson, the following item was recommitted.
COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: Department of Parks, Recreation and Conservation-Commissioner:: RES 9-2003: Confirming the appointment of Joseph Stout as the Commissioner of the Department of Parks, Recreation and Conservation.
Mrs. Swanson presented the following Resolution and moved its adoption, which was declared adopted.
COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: County Work Badge Policy: RES_____-2003: Resolution authorizing the adoption of a County Work Badge Policy.
On motion of Mrs. Swanson, the following item was recommitted.
COMMITTEE ON PUBLIC SAFETY AND CRIMINAL JUSTICE AND THE COMMITTEE ON ENVIRONMENT AND HEALTH: Indian Point Plant Safety: RES 10-2003 (as Amended): Resolution calling for the consideration and incorporation of the Witt Report findings on the safety of the Indian Point Nuclear Power Plants.
Messrs. Ryan and Kaplowitz presented the following Resolution and moved its adoption, which was declared adopted by the following vote:
AYE: Legislators: Young, Maisano, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Mosiello, Pinto, Rogowsky, Ryan, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chair – 16.
NAY: Oros - 1.
COMMITTEE ON PUBLIC SAFETY AND CRIMINAL JUSTICE: Child Safety Seats: RES:_____-2003: Setting a Public Hearing on a proposed Local Law amending the Laws of Westchester County to require that child safety seats be made available in for-hire vehicles regulated by the County Taxi and Limousine Commission. [Public Hearing set for _______________, 2003; at _____.m.; Local Law Intro _____-2003.]
On motion of Mr. Ryan, the following item was recommitted.
COMMITTEE ON ENVIRONMENT & HEALTH:
Incinerator Ban: RES_____-2003: Resolution urging local municipalities to ban the installation or construction of new incinerators in apartment buildings.
On motion of Mr. Kaplowitz, the following item was recommitted.
MOTION – ADJOURNMENT: 13th District (Mr. Young): Move that when the Board adjourns, it adjourns to meet on February 10, 2003 at 7:00 p.m. – Carried.
Memorial Resolutions: RES 11-2003:
Mr. Pinto: Death of Michael J. Ciampanelli, Charles J. Calabro, Hazel R. Stellate, Bartholomew J. Mitchell, Jr., Virginia Marie Archer, James Croughan, Leonora Musachio
All Legislators: Death of John Baggini
Mrs. Swanson: Death of John Carey, Alfred Muller
Mr. Maisano: Death of Catherine B. Childs, Mary R. Cino, Peter A. Chiappetta, John Consolo, Teresa M. Decesare, Joseph N. DeSimone, Martin E. Devitt, Carmela D. Gallello, Angelina M. Grasso, James E. Haas, Herbert S. Hollender, Concetta Iannuzzi, Silvestro Iommazzo Sr., Elizabeth M. Manning, John J. McGoey, John Mathew Miceli, Emilia Tretola, John Herada
Mr. Kaplowitz: Death of Lt. James Byrne
Mr. Young: Allen Norman, Sr., Arnold Maskowitz, Michael G. Vaughan, Kathleen Henderson
Mr. Kaplowitz and Mrs. LaMotte: Elizabeth Hagerty
Mr. Abinanti and Mrs. Bronz: Elliot Glaser; Earl Warren Zaidins
Mr. Latimer & All Legislators: Death of Martin E. King, Jr.
Mrs. Spreckman: Death of Joseph Patrick Donaghy, Jr., George J. Baker, Jr.
Mrs. LaMotte: Death of Nicholas S. Accetta, Anthony J. Fazzinga, Frank Gagliardi, Doris Gershenov, Karl W. Herrmann, Frederic Robinson McCoy, Mary Molinaro, Etta B. Stewart, Betty Kerr; Leslie Barnett; Andrew Dwyer, Jr.
Mr. Latimer: Death of Michael Larkin; Noel Augustus Casiragh; Peter Sindone;
On MOTION of Legislator Young,
The Board adjourned.