MINUTES

COUNTY BOARD OF LEGISLATORS

MARCH 17, 2003 (12:00 P.M.)

The County Board of Legislators met pursuant to adjournment.

 

The Honorable William Ryan 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, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 16.

 

Absent:  Bronz, - 1.

 

Motion – Approval of Minutes.  Mr. Young moved that the minutes of March 3, 2003 (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:  Greenburgh-West-H.E.L.P:  COMMITTEE ON BUDGET AND APPROPRIATIONS:  LOCAL LAW INTRO 4-2003:  Proposed Local Law authorizing an amendment to a lease between the County and the Town of Greenburgh for a six acre site in Greenburgh.

 

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

 

There were three speakers.

 

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

UNFINISHED BUSINESS: Con Edison Property Sale and Related Easements:  COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS AND THE COMMITTEE ON ENERGY: ACT 31-2003:  Act authorizing the County to sell real property and grant easements to Con Edison for purposes of constructing a new electrical substation on the Grasslands Reservation.

 

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, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 16.

 

NAY:  None.

UNFINISHED BUSINESS:  Pyrotechnic Displays:  COMMITTEE ON PUBLIC SAFETY AND CRIMINAL JUSTICE: RES 22-2003:  Resolution calling for the study and passage of requirements governing the use of indoor pyrotechnic displays.

 

Mr. Rogowsky presented the following Resolution and moved its adoption, which was declared adopted by a vote of 15-0.  Mrs. LaMotte was not present when the vote was taken.

COMMUNICATION:  COUNTY EXECUTIVE:  Acceptance of Gift:  Acceptance of a $975 gift from Abby R. Simpson to support the Trailside Nature Museum at the Ward Pound Ridge was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  COUNTY EXECUTIVE:  IMA with the Village of Port Chester:  Act authorizing the County to enter into an amendment to an IMA with the Village of Port Chester regarding an intermodal transportation center 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:  Youth Board Appointment:  Appointing A. Lanalle Parker 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:  Youth Board Appointment:  Appointing Betty Lou Ward 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:  Reappointing Chris Kalish 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:  Housing Opportunity Commission:  Appointing Dennis McDermott 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:  Emergency Medical Services Advisory Board Reappointment:  Reappointing David Dawson as a member of the County Emergency Medical Services Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  COUNTY EXECUTIVE:  Tax Commission Reappointment:  Reappointing Vincent R. Rippa as a member of the County Tax Commission 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 William J. Rothschild as a member of the County Emergency Medical Services Board was on motion of Mr. Young received, filed and referred to the Committee on County Officers and Departments.

 

COMMUNICATION:  COUNTY EXECUTIVE:  Acceptance of Gift:  Acceptance of a $10,000 gift from Cappelli Enterprises for the Westchester County Film Festival was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  COUNTY EXECUTIVE:  Acceptance of Gift:  Acceptance of a $10,000 gift from the Hudson Valley Bank for the Sunday Concerts in the Parks program was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  COUNTY EXECUTIVE:  Croton Point Park Feasibility Study:  Act authorizing the County to accept a matching grant from NYS DEC to conduct a feasibility study at Croton Point Park was on motion of Mr. Young received, filed and referred to the Committee on Parks and the Committee on Budget and Appropriations.

 

COMMUNICATION:  COUNTY EXECUTIVE:  Bond Act:  Bond Act amending an initial authorization of  $1,705,000 by $600,000 for a total of $2,305,000 in bonds -  Sprain Lake Golf Course and Dunwoodie Golf Course improvements (RGC10) 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:  Ephedra Ban:  Act banning the sale of all dietary supplements containing ephedra in Westchester County was on motion of Mr. Young received, filed and referred to the Committee on Legislation and the Committee on the Environment and Health.

 

COMMUNICATION:  HON. LOIS BRONZ:  USA Patriot Act:  Forwarding constituent correspondence expressing concerns about the USA Patriot Act was on motion of Mr. Young received, filed and referred to the Committee on Legislation.

 

COMMUNICATION:  HON. MICHAEL KAPLOWITZ:  Amalgam Dental Filings:  Forwarding a press article on amalgam dental fillings litigation was on motion of Mr. Young received, filed and referred to the Committee on the Environment and Health.

 

COMMUNICATION:  HON. SUZANNE SWANSON:  E911 Budget:  Forwarding correspondence from the Westchester County Chiefs of Police Association regarding support for E911 funding 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:  CLERK OF THE BOARD: County Budget:  Forwarding correspondence from the LWV regarding the 2003 County Budget was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  HON. TOM ABINANTI:  Medicaid:  Forwarding a panel discussion on the impact of Medicaid on New York counties was on motion of Mr. Young received, filed and referred to the Committee on Legislation.

 

COMMUNICATION:  CITIZEN COMMUNICATION: Elections:  referencing the issue of instant runoff voting (IRV) for elections was on motion of Mr. Young received, filed and referred to the Committee on Legislation and the Committee on Community Affairs.

 

COMMUNICATION:  HON. TOM ABINANTI:  2003 County Budget:  Forwarding a memorandum from Legislator Abinanti to the Budget Director regarding errors in the 2003 County Budget was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  HON. GEORGE OROS:  Sewage Diversion:  Forwarding a press statement from the Town of Cortlandt opposing the sewage diversion plan 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 Budget and Appropriations, and the Committee on Cultural and Ethnic Diversity.

 

COMMUNICATION:  COUNTY ATTORNEY:  Outside Counsel Retainer:  Act authorizing the County to retain outside counsel in an action against drug companies to recover overpayments under the Medicaid prescription drug program was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  COUNTY ATTORNEY:  Initiation of Lawsuit:  Act authorizing the County to institute legal proceedings to recover overpayments in connection with Medicaid prescription drug payments was on motion of Mr. Young received, filed and referred to the Committee on Budget and Appropriations.

 

COMMUNICATION:  HON. JOSE ALVARADO:  Help America Vote Act:  Forwarding correspondence from the Board of Elections regarding the Help America Vote Act was on motion of Mr. Young received, filed and referred to the Committee on Legislation and the Committee on Community Affairs.

COMMITTEE ON BUDGET AND APPROPRIATIONS:  Greenburgh-West-H.E.L.P:  LOCAL LAW INTRO 4-2003:  Local Law authorizing an amendment to a lease between the County and the Town of Greenburgh for a six acre site in Greenburgh.

 

Mr. Wishnie presented the following Report and Local Law which was laid “OVER” under the rules.

COMMITTEE ON BUDGET AND APPROPRIATIONS:  Greenburgh-West-H.E.L.P:  ACT 34-2003:  Act authorizing an the County to enter into an agreement with the Town of Greenburgh and West-H.E.L.P. for the sublease of  a six acre site in Greenburgh for use as a homeless facility.

 

Mr. Wishnie presented the following Act which was laid “OVER” under the rules.

COMMITTEE ON BUDGET AND APPROPRIATIONS:  Initiation of Lawsuit:  ACT 35-2003:  Act authorizing the County to commence legal proceedings against YourGrocer.com for unpaid rent.

 

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, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 16.

 

NAY:  None.

COMMITTEE ON BUDGET AND APPROPRIATIONS:  Acceptance of NYS Department of Transportation Grant Funds:  ACT 36-2003:  Act authorizing the County to enter into a grant agreement to accept funds from the NYS Department of Transportation (NYSDOT) – Security/Emergency Access Road to Basins A & B.

 

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, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 16.

 

NAY:  None.

COMMITTEE ON BUDGET AND APPROPRIATIONS:  Amendment of County 2003 Capital Budget:  ACT 37-2003:  Act to amend the Capital Budget regarding Security/Emergency Access Road to Basins A & B.* [*Requires 2/3 vote]

 

Mr. Wishnie presented the following Act and moved that the Act be adopted, which motion was carried by the following vote:

 

AYE:  Legislators:  Young, Maisano, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 16.

 

NAY:  None.

COMMITTEE ON BUDGET AND APPROPRIATIONS:  Acceptance of NYS Department of Transportation Grant Funds:  ACT 38-2003:  Act authorizing the County to enter into a grant agreement to accept funds from the NYSDOT-Heavy Equipment 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, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 16.

 

NAY:  None.

COMMITTEE ON BUDGET AND APPROPRIATIONS:  Amendment of County 2003 Capital Budget:  ACT 39-2003:  Act to amend the 2003 Capital Budget regarding Heavy Equipment Acquisition.*

 

Mr. Wishnie presented the following Act and moved that the Act be adopted, which motion was carried by the following vote:

 

AYE:  Legislators:  Young, Maisano, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 16.

 

NAY:  None.

COMMITTEE ON BUDGET AND APPROPRIATIONS:  Acceptance of NYS Department of Transportation Grant Funds:  ACT 40-2003:  Act authorizing the County to enter into a grant agreement to accept funds from the NYSDOT-Security Vehicles and Related Equipment.

 

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, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 16.

 

NAY:  None.

COMMITTEE ON BUDGET AND APPROPRIATIONS:  Amendment of County 2003 Capital Budget:  ACT 41-2003:  Act to amend the 2003 Capital Budget regarding Security Vehicles and Related Equipment.*

 

Mr. Wishnie presented the following Act and moved that the Act be adopted, which motion was carried by the following vote:

 

AYE:  Legislators:  Young, Maisano, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 16.

 

NAY:  None.

COMMITTEE ON BUDGET AND APPROPRIATIONS:  Acceptance of NYS Department of Transportation Grant Funds:  ACT 42-2003:  Act authorizing the County to enter into a grant agreement to accept funds from the NYSDOT-Airport Infrastructure Improvement.

 

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, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 16.

 

NAY:  None.

COMMITTEE ON BUDGET AND APPROPRIATIONS:  Amendment of County 2003 Capital Budget:  ACT 43-2003:  Act to amend the 2003 Capital Budget regarding Airport Infrastructure Improvement.*

 

Mr. Wishnie presented the following Act and moved that Act be adopted, which motion was carried by the following vote:

 

AYE:  Legislators:  Young, Maisano, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 16.

 

NAY:  None.

COMMITTEE ON BUDGET AND APPROPRIATIONS:  Acceptance of NYS Department of Transportation Grant Funds:  ACT 44-2003:  Act authorizing the County to enter into a grant agreement to accept funds from the NYSDOT- Security Fencing and Cameras.

 

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, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 16.

 

NAY:  None.

COMMITTEE ON BUDGET AND APPROPRIATIONS:  Amendment of County 2003 Capital Budget:  ACT 45-2003:  Act to amend the 2003 Capital Budget regarding Security Fencing and Cameras.*

 

Mr. Wishnie presented the following Act and moved that the Act be adopted, which motion was carried by the following vote:

 

AYE:  Legislators:  Young, Maisano, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 16.

 

NAY:  None.

COMMITTEE ON BUDGET AND APPROPRIATIONS:  Electronic Governments and Public Access:  (BOND) ACT 46-2003:  Act authorizing the issuance of $270,000 in bonds for the acquisition and installation of computer hardware and software related to smart cards (BIT02).

 

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

COMMITTEE ON BUDGET AND APPROPRIATIONS:  Paratransit Vehicles:  (BOND) ACT 47-2003:  Act authorizing the issuance of $449,000 in bonds to finance the acquisition of paratransit vehicles (T009E).

 

Mr. Wishnie presented the following report and (Bond) Act and moved that the report be received, filed and approved and the (Bond) Act adopted, which motion was carried by the following vote:

 

AYE:  Legislators:  Young, Maisano, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 16.

 

NAY:  None.

COMMITTEE ON BUDGET AND APPROPRIATIONS AND THE SPECIAL COMMITTEE ON PARKS AND RECREATION:  Tibbetts Brook Park:  (BOND) ACT 48-2003:  Act authorizing the issuance of $200,000 in bonds to finance the cost of professional planning for the improvement of Tibbetts Brook Park (RTB06).

 

Mr. Wishnie presented the following report and (Bond) Act and moved that the report be received, filed and approved and the (Bond) Act adopted, which motion was carried by the following vote:

 

AYE:  Legislators:  Young, Maisano, Abinanti, Alvarado, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 16.

 

NAY:  None.

COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS:  Appointment of Deputy County Executive:  RES 24-2003:  Confirming the appointment of Lawrence S. Schwartz as Deputy County Executive.

 

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

 

AYE:  Legislators:  Young, Maisano, Alvarado, Kaplowitz, LaMotte, Latimer, Mosiello, Oros, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 15.

 

NAY:  Legislator:  Abinanti.

HON. GEORGE LATIMER:  Rye/Cottage Street Affordable Housing Project:  Motion to remove from the table proposed (BOND) Act 257-2002, authorizing the issuance of $472,000 in bonds to finance the cost of land acquisition in the City of Rye for purposes of affordable.

 

On motion of Mr. Latimer, this item was laid “OVER” under the rules.
HON. GEORGE LATIMER:  Rye/Cottage Street Affordable Housing Project:  Motion to remove from the table proposed Act 258-2002 authorizing the County to purchase real property in the City of Rye for purposes of acquiring and conveying land to be used for affordable housing.

 

On motion of Mr. Latimer, this item was laid “OVER” under the rules.

HON. ANDREA STEWART-COUSINS:  2003 Joint Legislative Package:  Include Item 3, Section 3, (as amended) entitled “Reform the Formula for Payments of Interest and Modify Tax Treatment on Tenant Security Accounts” in the 2003 Joint Legislative Package – Res. 13-2003.

 

Mrs. Stewart-Cousins, seconded by Mr. Rogowsky, made a motion to remove from the table Item 3, Section 3, of the 2003 Joint Legislative Package entitled “Reform the Formula for Payments of Interest and Modify Tax Treatment on Tenant Security Accounts”, which motion was carried by the following vote:

 

AYE:  Legislators:  Young, Maisano, Alvarado, Kaplowitz, LaMotte, Mosiello, Oros, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 14.

 

NAY:  None.

 

Messrs. Abinanti and Latimer were not present when the vote was taken.

 

Mrs. Stewart-Cousins, seconded by Mr. Rogowsky, made a motion to amend the language in Item 3, Section 3, which motion was carried by the following vote:

 

AYE:  Legislators:  Young, Maisano, Abinanti, Alvarado, Kaplowitz, LaMotte, Mosiello, Oros, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 15.

 

NAY:  None.

 

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

 

Mrs. Stewart-Cousins presented Item 3, Section, as amended, and moved its adoption, which was declared adopted by the following vote:

 

AYE:  Legislators:  Young, Maisano, Abinanti, Alvarado, Kaplowitz, LaMotte, Mosiello, Oros, Pinto, Rogowsky, Spreckman, Stewart-Cousins, Swanson, Wishnie, Acting Chair Ryan– 15.

 

NAY:  None.

 

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

HON. JOSE ALVARADO:  Disability Awareness Month:  RES 25-2003:  Proclaiming the month of March, 2003 as Disability Awareness Month in Westchester County.

 

Mr. Alvarado presented the following Resolution and moved its adoption, which was declared adopted by a vote of 15-0.  Mr. Latimer was not present when the vote was taken.

MOTION – ADJOURNMENT:  13th District (Mr. Young):  Move that when the Board adjourns, it adjourns to meet on April 7, 2003 at 10:00 a.m. – Carried.

 

Memorial Resolutions:  RES 26-2003:

Mr. Pinto:  Death of Donato C. Lalla, Frank Spadaro, Josephine (Jay) Di Fiore, Michael A. Gallo, Ambrogina “Jean” Bova, Maria Scuderi

Mrs. LaMotte:  Death of Jeanette Messina, James J. Farina, Jr.

Mr. Wishnie:  Death of Kathryn M. Wheeler

Mrs. Spreckman:  Death of Therese A. Morganthaler, Margaret T. Aquafredda, Mary Waryha, Helen Alishevsky

Mr. Alvarado and Mrs. Stewart-Cousins:  Death of Pedro and Julia Velez, Olivia Gamero

Mrs. Stewart-Cousins:  Death of Mercedes Rodriquez

Mr. Kaplowitz and Mr. Ryan:  Death of Bruce Hagerty

Mr. Abinanti:  Death of Bertha Martin

Mr. Young:  Death of Georgie May

Mr. Ryan and Mr. Wishnie:  Death of Christopher J. Lennox

 On MOTION of Legislator Young,

The Board adjourned.