Westchester County Board of Legislators 4-22-96m

APRIL 22, 1996

THE COUNTY BOARD OF LEGISLATORS MET PURSUANT TO ADJOURNMENT.

THE HONORABLE GEORGE OROS IN THE CHAIR.

THE CHAIRMAN OPENED THE MEETING WITH A PRAYER AND SALUTE TO OUR FLAG.

THE ROLL CALL RESULTED AS FOLLOWS:

LEGISLATORS: NOTO, LATIMER, ABINANTI, ALBANESE, BRONZ, CARSKY, DARCY, DELFINO, DONOVAN, LAMOTTE, MOSIELLO, SPRECKMAN, STEWART-COUSINS, SWANSON, WISHNIE, YOUNG, CHAIRMAN-17.

MOTION: APPROVAL OF THE MINUTES: MR. NOTO MOVED THAT THE MINUTES OF APRIL 9, 1996 (REGULAR MEETING), APRIL 9, 1996 (SPECIAL MEETING)BE APPROVED-CARRIED.

MR. NOTO MOVED TO SUSPEND THE REGULAR ORDER OF BUSINESS FOR THE PURPOSE OF CONDUCTING TWO PUBLIC HEARINGS.

PUBLIC HEARING: COMMITTEE ON LEGISLATION AND TASK FORCE ON FAMILIES: LOCAL LAW INTRO 11-1996: TO PROVIDE FOR THE MANDATORY REPORTING BY LOCAL MUNICIPAL POLICE DEPARTMENTS IN WESTCHESTER OF ALLEGED BIAS-RELATED OFFENSES OR UNLAWFUL ACTS TO THE COMMISSIONER OF THE WESTCHESTER COUNTY DEPARTMENT OF PUBLIC SAFETY.

The Clerk read the rules for the conduct of the public hearing and read the presented proof of publication. There were 14 speakers.

On motion of Mr. Noto the public hearing was closed.

PUBLIC HEARING: COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS AND COMMITTEE ON HEALTH AND THE MEDICAL CENTER: TO REQUIRING THE MEDICAL EXAMINER AND HIS OR HER OFFICE TO BE UNDER THE SUPERVISION OF THE COUNTY COMMISSIONER OF HEALTH.

The Clerk read the rules for the conduct of the public hearing and presented proof of publication. There were no speakers.

On motion of Mr. Noto the public hearing was closed and the regular order of business was resumed.

Mrs. Bronz asked for a recess for the purpose of conducting a brief Community Affairs and Housing Meeting to sign out Items 3J and 3J1 on this agenda.

The Chairman granted the recess for the members of the Committee only and the rest of the Legislators remained in the Chambers.

The Committee meeting over, on motion of Mrs. Bronz, the regular order of business resumed.

COMMUNICATION: COUNTY EXECUTIVE: REAPPOINTING MICHAEL J. DE VITTORIO AS A MEMBER OF THE FIRE ADVISORY BOARD was on motion of Mr. Noto received, filed and referred to the Committee on County Officers and Departments.

COMMUNICATION: COUNTY EXECUTIVE: PROPOSED ACT AUTHORIZING THE COUNTY TO ENTER INTO IMA’S WITH MUNICIPALITIES, SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATION LOCATED WITHIN THE COUNTY FOR THE PURPOSE OF OBTAINING CLASSROOM SPACE FOR THE ADULT EDUCATION PROGRAM OF WESTCHESTER COMMUNITY COLLEGE AND FOR OTHER RELATED MATTERS ON AN ANNUAL BASIS DURING THE PERIOD OF SEPTEMBER 1, 1996 TO AUGUST 31, 2001 was on motion of Mr. Noto received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: COUNTY EXECUTIVE: FORWARDING THE 1994 ANNUAL REPORT FOR THE WESTCHESTER COUNTY MEDICAL CENTER. [ON FILE] was on motion of Mr. Noto received, filed and referred to the Committee on Health and the Medical Center.

COMMUNICATION: COUNTY EXECUTIVE: PROPOSED ACT AUTHORIZING THE COUNTY TO ENTER INTO AN IMA WITH THE VALHALLA FIRE DISTRICT IN CONNECTION WITH FIRE SAFETY PROCEDURES was on motion of Mr. Noto received, filed and referred to the Committee on Budget and Appropriations and Committee on Public Safety and Criminal Justice.

COMMUNICATION: COUNTY EXECUTIVE: PROPOSED ACT AMENDING THE 1995 OPERATING BUDGET (YEAR END TRANSFERS was on motion of Mr. Noto received, filed and referred to the Committee on Budget and Appropriations.

ACT 32-1996: PROPOSED ACT AUTHORIZING THE COUNTY ATTORNEY TO FILE A BRIEF AS AMICUS CURIAE ON BEHALF OF THE COUNTY IN THE MATTER OF BUILIANI ET AL V. HEVESI

Mr. Abinanti moved to suspend the rules to allow this act to be voted on without going to committee as it is a time-sensitive issue.

Upon receiving no opposition, Mr. Abinanti presented the following act and moved its adoption, which was declared carried by the following vote:

AYE: Legislators: Noto, Latimer, Abinanti, Albanese, Bronz, Carsky, Darcy, Delfino, Donovan, LaMotte, Mosiello, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-17.

NAY: None.

COMMUNICATION: COUNTY EXECUTIVE: FORWARDING A PACKAGE OF COURT-ORDERED CERTIORARIS was on motion of Mr. Noto received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. KATHERINE CARSKY: FORWARDING A COPY OF A LETTER FROM SENATOR SPANO VOICING HIS SUPPORT FOR LEGISLATION THAT WOULD MAKE BIAS-RELATED VIOLENCE OR INTIMIDATION A CRIMINAL OFFENSE was on motion of Mr. Noto received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. KATHERINE CARSKY AND HON. LOUIS MOSIELLO: FORWARDING A RESOLUTION FROM THE YONKERS CITY COUNCIL SUPPORTING THE INSTALLATION OF SOUND BARRIERS ALONG SELECTED PORTIONS OF THE SPRAIN BROOK PARKWAY, THE NEW YORK STATE THRUWAY AND THE CROSS COUNTY PARKWAY was on motion of Mr. Noto received, filed and referred to the Committee on Public Works.

COMMUNICATION: HON. GEORGE LATIMER: FORWARDING A MEMORANDUM FROM THE SUPERVISOR OF THE TOWN OF MAMARONECK RE: EXPRESSING DISMAY OVER A RECENT LETTER SENT BY THE DEPARTMENT OF ENVIRONMENTAL FACILITIES CONCERNING THE CONSENT ORDERS ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL FACILITIES was on motion of Mr. Noto received, filed and referred to the Committee on Public Works.

COMMUNICATION: HON. GEORGE LATIMER: FORWARDING A COPY OF HIS MEMORANDUM TO THE COMMISSIONERS OF ELECTIONS RE: COMPUTERIZATION OF CAMPAIGN FINANCE STATEMENTS was on motion of Mr. Noto received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. THOMAS ABINANTI: FORWARDING A NEWSPAPER ARTICLE ENTITLED, "EDUCATIONAL ALTERNATIVES PACT IN HARTFORD ENDS AS SCHOOL BOARD VOTES" was on motion of Mr. Noto received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION: HON. THOMAS ABINANTI: FORWARDING A LETTER FROM THE NEW YORK TURF AND LANDSCAPE ASSOCIATION, INC. REQUESTING AN AMENDMENT TO THE CURRENT WESTCHESTER COUNTY CONSUMER AFFAIRS LICENSE was on motion of Mr. Noto, received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. RICHARD WISHNIE: FORWARDING A RESOLUTION FROM THE VILLAGE OF OSSINING RE: D.P.W. SEWER STUDY - WESTCHESTER COUNTY was on motion of Mr. Noto received, filed and referred to the Committee on Public Works.

COMMUNICATION: CITIZEN COMMUNICATION: LEAGUE OF WOMEN VOTERS: FORWARDING A LETTER REGARDING EFFORTS TO IMPROVE THE WAY RAPE VICTIMS RECEIVE EMERGENCY ROOM CARE was on motion of Mr. Noto received, filed and referred to the Committee on Health and the Medical Center and Committee on Public Safety and Criminal Justice.

COMMUNICATION: HON. GEORGE LATIMER: FORWARDING A RESOLUTION FROM THE CITY OF RYE REQUESTING THE COUNTY EXECUTIVE AND THE BOARD OF LEGISLATORS TO WORK WITH THE CITY OF RYE AND THE MUNICIPALITIES IN COMPLYING WITH THE STATE MANDATED CONSENT DECREE TO REMOVE INFILTRATION AND INFLOW IN THE MOST EFFICIENT AND LEAST EXPENSIVE MANNER THROUGH THE COUNTY SEWER DISTRICTS WITH COUNTY-ISSUED DEBT was on motion of Mr. Noto received, filed and referred to the Committee on Public Works.

COMMUNICATION: HON. GEORGE LATIMER: FORWARDING A RESOLUTION FROM THE VILLAGE OF LARCHMONT CONCERNING THE NEW ROCHELLE SANITARY SEWER REPAIRS MANDATED BY THE STATE AND COUNTY UNDER THE CONSENT DECREE OF 1992 was on motion of Mr. Noto received, filed and referred to the Committee on Public Works.

COMMUNICATION: HON. GEORGE LATIMER: FORWARDING A COMMUNICATION FROM A PLUMBER DETAILING A FEW PROBLEMS HE SEES WITH THE COUNTY-WIDE LICENSING SYSTEM was on motion of Mr. Noto, received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. KATHERINE CARSKY AND HON. JOSEPH DELFINO: FORWARDING A LETTER FROM THE CHAIRMAN OF THE WESTCHESTER COUNTY DEMOCRATIC COMMITTEE CALLING FOR BI-PARTISANSHIP AND COOPERATION TO DEVELOP A FORMAL MECHANISM FOR LOCAL CITIZEN PARTICIPATION IN THE SITE SELECTION PROCESS OF THE PROPOSED NEW YORK CITY WATER FILTRATION PLANT was on motion of Mr. Noto received, filed and referred to the Committee on the Environment and Committee on Public Works.

COMMUNICATION: HON. GEORGE OROS: FORWARDING PETITIONS IN SUPPORT OF MAINTAINING THE JOBSTAR PROGRAM AT WESTCHESTER COMMUNITY COLLEGE.

[PETITIONS - ON FILE] was on motion of Mr. Noto received, filed and referred to the Committee on Community Affairs and Housing.

COMMUNICATION: HON. GEORGE LATIMER: FORWARDING A RESOLUTION FROM THE VILLAGE OF MAMARONECK REQUESTING THE COUNTY EXECUTIVE AND THE COUNTY BOARD OF LEGISLATORS TO ASSIST THE VILLAGE OF MAMARONECK IN COMPLYING WITH THE STATE MANDATE REGARDING SANITARY SEWER SYSTEM REHABILITATION was on motion of Mr. Noto received, filed and referred to the Committee on Public Works.

COMMUNICATION: HON. KATHERINE CARSKY: FORWARDING A COPY OF HER LETTER TO THE COUNTY EXECUTIVE REGARDING THE MANAGEMENT OF ORGANIC WASTE was on motion of Mr. Noto received, filed and referred to the Committee on the Environment.

COMMUNICATION: HON. THOMAS ABINANTI: FORWARDING A NEWSPAPER ARTICLE ENTITLED, "11 PROTESTERS ARRESTED AT DOBBS FERRY CLINIC" was on motion of Mr. Noto received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. THOMAS ABINANTI: FORWARDING A COPY OF HIS LETTER TO THE CHAIRMAN REQUESTING THAT THE RULES COMMITTEE PROMULGATE GUIDELINES FOR THE REFERRAL OF ITEMS FROM THE BOARD AGENDA TO VARIOUS COMMITTEES AND VICE-VERSA was on motion of Mr. Noto, received, filed and referred to the Committee on Rules.

(BOND) ACT__________1996: COMMITTEE ON BUDGET AND APPROPRIATIONS: AUTHORIZING THE ISSUANCE OF $6,000,000 IN BONDS - LONG-TERM SLUDGE SOLUTION AT THE YONKERS JOINT WASTEWATER TREATMENT PLANT.

Mrs. Swanson recommitted the following act.

(BOND) ACT 33-1996: COMMITTEE ON BUDGET AND APPROPRIATIONS: AUTHORIZING THE ISSUANCE OF $1,165,000 IN BONDS - MODERNIZATION OF ALL PASSENGER AND SERVICE ELEVATORS AT THE MAIN HOSPITAL AND CEDARWOOD HALL AT THE WESTCHESTER COUNTY MEDICAL CENTER.

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 declared carried by the following vote:

AYE: Legislators: Noto, Latimer, Abinanti, Albanese, Bronz, Carsky, Darcy, Delfino, Donovan, LaMotte, Mosiello, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-17.

NAY: None.

(BOND) ACT 34-1996: COMMITTEE ON BUDGET AND APPROPRIATIONS: AUTHORIZING THE ISSUANCE OF $400,000 IN BONDS - REPLACEMENT OF PAVING BLOCKS AROUND THE COURTHOUSE COMPLEX.

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 declared carried by the following vote:

AYE: Legislators: Noto, Latimer, Abinanti, Albanese, Bronz, Carsky, Darcy, Delfino, Donovan, LaMotte, Mosiello, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-17.

NAY: None.

(BOND) ACT 35-1996: COMMITTEE ON BUDGET AND APPROPRIATIONS: AUTHORIZING THE ISSUANCE OF $190,000 IN BONDS - RENOVATIONS FOR ACCESS FOR THE DISABLED AT THE WESTCHESTER COUNTY MEDICAL CENTER.

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 declared carried by the following vote:

AYE: Legislators: Noto, Latimer, Abinanti, Albanese, Bronz, Carsky, Darcy, Delfino, Donovan, LaMotte, Mosiello, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-17.

NAY: None.

ACT 36-1996: COMMITTEE ON BUDGET AND APPROPRIATIONS: DESIGNATING COUNSEL TO BE RETAINED TO REPRESENT THE COUNTY WITH RESPECT TO THE APPROPRIATENESS AND/OR PROSECUTION OF A DISCIPLINARY PROCEEDING AGAINST ASSOCIATE WARDEN GERARD BURCKHARD, AND AUTHORIZING THE COUNTY TO PAY THE DESIGNATED COUNSEL FOR LEGAL SERVICES RENDERED IN CONNECTION WITH THE ACTION.

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 declared carried by the following vote:

AYE: Legislators: Noto, Latimer, Abinanti, Albanese, Bronz, Carsky, Darcy, Delfino, Donovan, LaMotte, Mosiello, Spreckman, Stewart-Cousins, Swanson, Wishnie, Young, Chairman-17.

NAY: None.

LOCAL LAW INTRO 11- 1996: COMMITTEE ON LEGISLATION AND TASK FORCE ON FAMILIES: LOCAL LAW INTRO 11-1996: TO PROVIDE FOR THE MANDATORY REPORTING BY LOCAL MUNICIPAL POLICE DEPARTMENTS IN WESTCHESTER COUNTY OF ALLEGED BIAS-RELATED OFFENSES OR UNLAWFUL ACTS TO THE COMMISSIONER OF THE WESTCHESTER COUNTY DEPARTMENT OF PUBLIC SAFETY.

Mr. Abinanti presented Local Law Intro 11-1996 and moved its adoption, which was declared carried by the following vote:

AYE: Legislators: Noto, Latimer, Abinanti, Albanese, Bronz, Carsky, Darcy, Delfino, Donovan, LaMotte, Mosiello, Spreckman, Stewart-Cousins, Wishnie, Young, Chairman-16.

NAY: None.

Mrs. Swanson was out for the vote.

RESOLUTION 58-1996: COMMITTEE ON LEGISLATION: (HOME RULE REQUEST) SUPPORTING A.4309A AND S.2629A, "AN ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO PROVIDING TWENTY-YEAR RETIREMENT FOR CERTAIN TIER 3 AND 4 CRIMINAL INVESTIGATORS EMPLOYED IN THE OFFICE OF THE DISTRICT ATTORNEY OF WESTCHESTER".

Mr. Abinanti presented the following resolution and moved its adoption, which was declared adopted.

AYE: Legislators: Latimer, Albanese, Darcy, Delfino, Donovan, Mosiello, Spreckman, Swanson, Wishnie, Young, Chairman-11.

NAY: Legislators: Noto, Abinanti, Bronz, Carsky, LaMotte, Stewart-Cousins.

LOCAL LAW INTRO 12-1996: COMMITTEE ON LEGISLATION AND COMMITTEE ON HEALTH AND THE MEDICAL CENTER: LOCAL LAW INTRO 12-1996: TO REQUIRE THE MEDICAL EXAMINER AND HIS OR HER OFFICE TO BE UNDER THE SUPERVISION OF THE COUNTY COMMISSIONER OF HEALTH.

Mr. Delfino presented Local Law Intro 12-1996 and moved its adoption, which was declared carried by the following vote:

AYE: Legislators: Noto, Latimer, Albanese, Bronz, Carsky, Darcy, Delfino, Donovan, LaMotte, Mosiello, Spreckman, Stewart-Cousins, Swanson, Wishnie, Chairman-15.

NAY: Legislators: Abinanti, Young-2.

RESOLUTION 59-1996: COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS: APPOINTING AND CONFIRMING THE APPOINTMENT OF DR. NORMA DREYFUS AS A MEMBER OF THE BOARD OF HEALTH.