The County Board met pursuant to adjournment.

The Honorable Kenneth W. Jenkins in the Chair.

The Chairman opened the meeting at {MinutesOpened:h:mm tt} with the salute to our flag and a prayer.

The roll call resulted as follows:

On motion of Mr. Harckham, the following minutes were approved:

There were 3 speakers.

Mr. Harcham moved to suspend the regular order of business for the purpose of holding 2 public hearings - Carried.

The Clerk presented proof of publication of notice of the public hearings and read the rules for their conduct.

On the proposed modification to the Peekskill Sanitary Sewer District by the addition of one (1) parcel of property located in the Town of Cortlandt-Pierce Street. [Public Hearing set for June 4, 2012 at 7:30 p.m.]

Submitted by COMMITTEES ON GOVERNMENT OPERATIONS AND BUDGET & APPROPRIATIONS

There were no speakers.

No person wishing to be heard, Mr. Harckham declared the public hearing closed.

A "Local Law amending the Laws of Westchester County in relation to enforcement of the Westchester County Fair Housing Law."  (Public Hearing set for June 4, 2012 at 7:30 p.m. Local Law Intro 5135.)

Submitted by COMMITTEE ON LEGISLATION

Mr. Harckham made a motion to amend the Local Law and it was accepted by Mr. Ryan as Chair of the Committee on Legislation.

Mr. Maisano made a motion to recess at the Call of The Chair at 7:51 PM. The Chair reconvened the meeting at 7:52 PM.

There was 1 speaker.

No other person wishing to be heard, Mr. Harckham declared the public hearing closed and resumed the regular order of business.

Appointment of Kimberly Morella as a member of the Westchester County Fair Housing Board for a term to expire December 31, 2012.

This item was referred to the Committee on Appointments by a unanimous vote.

A Resolution granting a waiver of the Westchester County Code of Ethics to permit former County employee, Richard Stiller to accept employment with the White Plains Bus Company.

Submitted by COMMITTEE ON APPOINTMENTS

Ms.Shimsky presented the Resolution and moved its adoption, which motion was carried by the following vote.

A Resolution directing the County Executive to reserve a portion of the North 60 parcel for the development of a residential and educational facility for developmentally-disabled children.

Submitted by COMMITTEES ON COMMUNITY SERVICES AND GOVERNMENT OPERATIONS

On motion of Mr. Harckham, this item was recommitted.

An ACT amending Act No. 25-2011 increasing the 'not to exceed' amount under an Agreement with Wilson Elser Moskowitz Edelman & Dicker, LLP and the County of Westchester for legal representation in the lawsuit entitled CSEA et al. v. County of Westchester, et al., Index No. 2629/11. 

Submitted by COMMITTEE ON BUDGET & APPROPRIATIONS

On motion of Mr. Harckham, this item was recommitted.

A RESOLUTION authorizing the Chairman of the Board to seek Declaratory Judgment regarding the Laws of Westchester County Chapter 188- Modifications to Franchise Agreements-Bus Routes.

Submitted by COMMITTEE ON RULES

Through the Chair, Mr. Maisano asked the County Attorney's opinion regarding the format of the legislation currently before the Board.

Mr. Harckham presented the Resolution and moved its adoption, which motion was carried by the following vote.

A RESOLUTION authorizing the Chairman of the Board to seek Declaratory Judgment regarding the Laws of Westchester County Chapter 110- Confirmation of Appointments.

Submitted by COMMITTEE ON RULES

On motion of Mr. Harckham, this item was recommitted.

Mr. Harckham made a motion to recess at the Call of the Chair at 9:17 PM. The Chair reconvened at 9:42 PM.

A RESOLUTION authorizing the Chairman of the Board to seek Declaratory Judgment regarding ACT 2009-155, Procedures for Housing Stipulation Order.

Submitted by COMMITTEE ON RULES

Mr. Harckham presented the Resolution and moved its adoption, which motion was carried by the following vote.

A RESOLUTION authorizing the Chairman of the Board to seek Declaratory Judgment regarding Local Law 2012-6-A & C Modifications.

Submitted by COMMITTEE ON RULES

Mr. Harckham presented the Resolution and moved its adoption, which motion was carried by the following vote.

A RESOLUTION authorizing the Chairman of the Board to seek Declaratory Judgment regarding the Laws of Westchester County Chapter 167-Additions by the County Board to Capital Projects.

Submitted by COMMITTEE ON RULES

Mr. Harckham presented the Resolution and moved its adoption, which motion was carried by the following vote.

Forwarding a copy of the Westchester County/Fair and Affordable Housing Program: submission of Quarterly Report for 1Q 2012.

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Government Operations.

A "LOCAL LAW amending Chapter 836 of the Laws of Westchester by adding a new Section 836.22 to specify requirements for federally-funded purchases." Public Hearing set for August 6, 2012 at 10:30 am.; Local Law Intro No.5322-2012.

On motion of Mr. Harckham the above item was received, filed and referred to the Committees on Budget & Appropriations and Legislation.

ACT amending the policies and procedures that govern the County's procurement of goods and services no required by state law to be made pursuant to competitive bidding requirements, in order to specify those applicable to federally-funded procurements.

On motion of Mr. Harckham the above item was received, filed and referred to the Committees on Budget & Appropriations and Legislation

An ACT amending the rules and procedures that govern the pre-qualification and selection of architects and engineers as consultants to the County in order to specify those applicable to federally-funded procurements of such services.

On motion of Mr. Harckham the above item was received, filed and referred to the Committees on Budget & Appropriations and Legislation

A LOCAL LAW amending Chapter 836 of the Laws of Westchester County by adding a new Section 836.22 to specify requirements for federally-funded purchases.

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Budget & Appropriations and Legislation

A BOND ACT authorizing the County of Westchester to refund all, or a portion of various outstanding 2009 Series A general obligation serial bonds and 2009 Series A general obligation term bonds, appropriating an amount not to exceed NINETY-FIVE MILLION FOUR HUNDRED EIGHTY THOUSAND ($95,480,000) DOLLARS to accomplish the refunding and authorizing the issuance of up to NINETY-FIVE MILLION FOUR HUNDRED EIGHTY THOUSAND ($95,480,000) DOLLARS in New Refunding Bonds.

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Budget & Appropriations.

An ACT authorizing Westchester County to enter into inter-municipal agreements with municipalities located within Westchester, Putnam, Rockland and Dutchess Counties, whereby the County will provide access to the Westchester County Repository for Integrated Criminalistic Information System.

On motion of Mr. Harckham the above item was received, filed and referred to the Committees on Budget & Appropriations and Public Safety & Security.

An ACT establishing a revised Investment Policy for Westchester County, pursuant to New York State General Municipal Law Section 39.

On motion of Mr. Harckham the above item was received, filed and referred to the Committees on Budget & Appropriations and Government Reform, Efficiency & Savings.

An ACT authorizing Westchester County to enter into agreements with the City of Yonkers and the Metropolitan Transportation Authority, in connection with and to facilitate the construction, use and maintenance of the River Walk Trailway in the City of Yonkers.

On motion of Mr. Harckham the above item was received, filed and referred to the Committees on Budget & Appropriations and Government Operations.

An ACT amending the 2012 County Capital Budget Appropriation for Capital Project A066C - Miscellaneous Restoration and Rehab (2011-2015).

On motion of Mr. Harckham the above item was received, filed and referred to the Committees on Government Operations and Budget & Appropriations.

An ACT amending Act 205-2011 which authorized the County to apply for and enter into a grant agreement with the FAA, for Capital Project A066C-Misc Restoration/Rehab to increase the County share to 10% of the estimated project cost.

On motion of Mr. Harckham the above item was received, filed and referred to the Committees on Government Operations and Budget & Appropriations.

An ACT amending and increasing the 2011 Operating Budget in the amount of NINETY-FOUR MILLION TWO HUNDRED EIGHTY-FOUR THOUSAND TWO HUNDRED SIXTY-ONE ($94,284,261) DOLLARS, for the purposes of the Disproportionate Share Inter-Governmental Transfer, Legal Aid Society subsidy and payments to the NYS Common Retirement Fund.

This item was severed from the consent Agenda.

On motion of Mr. Harckham, this item was laid over under the rules.

A RESOLUTION authorizing the transfer of funds within various County Departments in the amount of TWENTY-SIX MILLION NINE HUNDRED TEN THOUSAND ONE HUNDRED NINETY FOUR($26,910,194) DOLLARS. These transfers are required to complete 2011 Fiscal Year on a sound financial basis.

This item was severed from the consent Agenda.

On motion of Mr. Harckham, this item was laid over under the rules.

An ACT authorizing the transfer of funds between various County Departments in the amount of SIX MILLION ONE HUNDRED SEVENTY-EIGHT THOUSAND FIFTY-EIGHT($6,178,058) DOLLARS.

This item was severed from the consent Agenda.

On motion of Mr. Harckham, this item was laid over under the rules.

Forwarding a Public Hearing Notice from the City of Peekskill IDA re: the Hotel, LLC Project - 2 John Walsh Blvd, Peekskill, NY.  The public hearing will be held on June 26, 2012 at 7pm, at Peekskill City Hall.

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Government Operations.

Forwarding correspondence from the Department of Health & Human Services stating they will be conducting a National Health and Nutrition Examination Survey in Westchester County from May through July.

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Community Services.

Forwarding correspondence from The Chronicle of Higher Education outlining the results of their 2012 Faculty Salary Survey for Westchester Community College.

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Budget & Appropriations.

Forwarding a Burlington, Vermont News Article regarding the Burlington city Council's passage of a "safe-zone" law for women's clinics.

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Community Services.

Forwarding a copy of correspondence from members of the Westchester County State Delegation to Commissioner Carrion, NYS Office of Children and Family Services re: the increase in the Westchester County child care subsidy parental share.

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Community Services.

Forwarding correspondence from Commissioner Carrion, NYS Office of Children & Family Services acknowledging receipt of his correspondence re: the increase in the child care subsidy parental share.

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Community Services.

Forwarding from the County Executive's Chief of Staff in response to concerns raised by Greenburgh Supervisor Feiner re: insufficient lighting along the Bronx River Parkway.

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on

Government Operations.

Forwarding a copy of the Westchester County Agricultural District Recertification Report, dated, June 7, 2010.

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Environment & Energy.

PUBLIC HEARING on Applications for inclusion in the Westchester County Agricultural District No. 1, Calendar Year 2012. [Public Hearing set for September 10, 2012 at 7:30 p.m.]

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Environment & Energy.

Forwarding her memo requesting a meeting of the Government Operations Committee be convened to discuss needed safety improvements along Jackson Avenue.

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Government Operations.

Forwarding an Associated Press web-article entitled, "Panel cuts pay of California governor, lawmakers."

On motion of Mr. Harckham the above item was received, filed and referred to the Committees on Government Reform, Efficiency & Savings and Budget & Appropriations.

Forwarding a web-article entitled, Baby suffocates; Ossining couple charged with child endangerment.  Detailing the death of an infant in the care of an illegal baby-sitting operation.

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Community Services.

Correspondence to the Budget Committee Chair requesting the next Budget & Appropriations Committee agenda include the issuance of a subpoena to County Budget Director Soule to appear at the next available meeting of the Committee with both a printed and an electronic copy of the departmental requests for the 2012 Operating Budget pursuant to Chapter 167 of the Laws of Westchester County.

This item was severed from the consent Agenda.

On motion of Mr. Harckham, this item was laid over under the rules.

Memo of Legislation purposing an ACT be drafted establishing a policy regarding the distribution of County Board Meetings to the local municipal public access channels within Westchester County.

This item was severed from the consent Agenda.

On motion of Mr. Harckham, this item was laid over under the rules.

Correspondence to Committee Chair Borgia requesting a meeting of the Committee on Government Operations be convened to review the Perimeter Intrusion Detection System at the Westchester County Airport.

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Government Operations.

A Local Law requiring any County municipality which seeks to include an additional tax parcel or development within a County Sewer District to notify all adjacent municipalities, as well as the municipality in which the infrastructure is located.

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Environment & Energy.

Correspondence to Budget & Appropriations Committee Chair Myers requesting the Committee review the potential of receiving and filing this bond request.

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Budget & Appropriations.

Forwarding constituent correspondence expressing concern for the funding and planned improvements of the ongoing Ashford Avenue Bridge rehab project.

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Government Operations.

Forwarding a copy of a Congressional Bill 358, "amending the Patient Protection and Affordable Care Act to modify special rules relating to coverage of abortion services under such Act."

On motion of Mr. Harckham the above item was received, filed and referred to the Committee on Community Services.

Forwarding his letter to County Budget Director Soule dated May 21, 2012.

This item was received and filed by the Clerk of the Board.

Forwarding the Reproductive Health Care Facilities Access Act Veto Response.

This item was received and filed by the Clerk of the Board.

Forwarding the County Executive's Veto message re: An ACT authorizing Westchester County to retain the law firm of Harris Beach PLLC to provide bond counsel services to the County of Westchester in an "of counsel" capacity to the County Attorney on an "as needed" basis, for the period commencing upon execution through July 31, 2013.

This item was received and filed by the Clerk of the Board.

Appointments; Budget & Appropriations; Community Services; Environment & Energy; Government Operations; Government Reform, Efficiency & Savings; Legislation; Public Safety & Security; Rules

An ACT to modify the Peekskill Sanitary Sewer District by the addition of one (1) parcel of property located in the Town of Cortlandt- Pierce Street.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS AND GOVERNMENT OPERATIONS

Ms. Borgia presented the 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.

An amendment to the Fair Housing Law of the Westchester County Human Rights Law in order to obtain full certification as substantially equivalent to the federal Fair Housing Act by the  U.S. Department of Housing and Urban Development.

Submitted by COMMITTEE ON LEGISLATION

On motion of Mr. Ryan, this item was laid over under the rules.

BOND ACT authorizing the issuance of THREE HUNDRED EIGHTY THOUSAND ($380,000) DOLLARS in bonds of the County to finance Capital Project B0086-Equip/Control Systems Upgrades, Central Heating, Valhalla Campus-DESIGN and ADMINISTRATION ONLY.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS AND GOVERNMENT OPERATIONS

Ms. Myers presented the 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.

A BOND ACT authorizing the issuance of up to FOUR HUNDRED FORTY-ONE THOUSAND($441,000) DOLLARS to finance the design associated with Capital Project P0025- rehabilitation of the Bronx River Parkway over Bronx River Parkway to Cross County Parkway.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS AND GOVERNMENT OPERATIONS

Ms. Myers presented the 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.

A BOND Act authorizing the issuance of SEVENTY THOUSAND ($70,000.00) DOLLARS in bonds of the County to finance Capital Project RB127 - the cost of Design of improvements of approximately 0.41 miles of Fort Hill Road in the City of Yonkers.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS AND GOVERNMENT OPERATIONS

Ms. Myers presented the 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.

A BOND ACT authorizing the issuance of up to TWO HUNDRED THIRTY-SEVEN THOUSAND FIVE HUNDRED ($237,500) Dollars to finance the Design with associated Capital Project RB03D -Rehabilitation of the bridge located at Palmer Road over the Bronx River, Yonkers/Bronxville.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS AND GOVERNMENT OPERATIONS

Ms. Myers and Ms. Borgia presented the 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.

An ACT approving certain financial terms and conditions of employment requiring legislative approval by law in a Collective Bargaining Agreement for those County employees represented by Local 456, International Brotherhood of Teamsters.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS AND GOVERNMENT OPERATIONS

Ms. Myers and Ms. Borgia Presented the 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.

An ACT authorizing the County Attorney to settle the claims of Jennifer Elliott against the County of Westchester, Robert P. Astorino, the Westchester County Board of Legislators, Kerry Oristano and Thomas Lauro.

Submitted by COMMITTEE ON BUDGET & APPROPRIATIONS

Ms. Myers presented the 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.

AN ACT authorizing the County Attorney and the Commissioner of Finance to compromise the liability of Westchester County to pay Workers' Compensation benefits to a former County employee in lieu of future payments.

Submitted by COMMITTEE ON BUDGET & APPROPRIATIONS

Ms. Myers presented the 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.

An ACT to authorize the County's Commissioner of Finance to pay Mortgage Tax Receipts to Cities, Towns and Villages.

Submitted by COMMITTEE ON BUDGET & APPROPRIATIONS

Ms. Myers presented the 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.

A Resolution to authorize the Chairman of the Board of Legislators to commence a court action seeking a declaration concerning child care programs adopted in the 2012 budget act which set the family share for low-income day care at 20% and establishing the number of Title XX day care slots.

SUBMITTED BY THE COMMITTEE ON RULES

Mr. Harckham presented the Resolution and moved its adoption, which motion was carried by the following vote.

Resolution appointing County Legislator John G. Testa representing Westchester's First Legislative District as a member of the Westchester County Parks, Recreation & Conservation Board.

Submitted by THE CHAIRMAN OF THE BOARD

Mr. Harckham presented the Resolution and moved its adoption, which motion was carried by the following vote.

ALL LEGISLATORS: Edward Doyle, Jr.

HON. GORDON BURROWS: Paul Drohan

HON. DAVID GELFARB: Marie Augustine, Francis Paul Barcia, Matthew R. Pearce, Anne F. Marcone

LEGISLATORS JENKINS, BURROWS, PEREZ AND SPRECKMAN: Barbara Flatley

HON. JAMES MAISANO: Albert Richard Squillante, Frank (Whitey) Pfeiffer, Jr., Marie T. Williams, Helen Piermont, Janet K. Knipling, Filomena "Dee" Gallello, Edward J. Irwin, Jr., Dorothy DeDona, Dawn Ann Zari, Martha Bell Cimmino, Michael A. Gautieri, Majorie Dougherty

HON. MARYJANE SHIMSKY: George Kiernan, Harriet Archbald, Joseph Omboni, Jr.

HON. MICHAEL J. SMITH: Denis O'Keeffe, Tanya M. Frisoli, Helen R. Stagliano, Virginia Mattice Duval, Katherine Mercadante, Anthony B. Cammarata, Frederick R. Schmitt, Patricia Sweeney, Andrew Grottaglia, Gloria Lidia Koval, Dorothy Edith Morris, James Jackman, Vincent J. Scimone, Louis E. Figliola

LEGISLATORS SMITH AND SHIMSKY: Rose M. DeMilia

HON. LYNDON WILLIAMS: Amy McIntosh

LEGISLATORS L. WILLIAMS AND JENKINS: Jennie Detres

On motion of Mr. Harckham, 2nd District, the Board adjourned at {MinutesClosed:h:mm tt} to meet on June 18, 2012 at 7:00 PM.