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Board of Legislators 800 Michaelian Office Bldg. White Plains, NY 10601 Regular Meeting www.westchesterlegislators.com ~ Agenda ~ Monday, December, 7, 2015 10:00 AM Legislative Chamber Board of Legislators Page 1 Updated 12/7/2015:9:10 AM CALENDAR 23 (CONSENT) CALL TO ORDER MINUTES APPROVAL Monday, November 23, 2015 at 7:00 PM PUBLIC COMMENT SPEAKERS _____________ PUBLIC HEARING 1. RES-2015-144 Resolution – PH-Sewer District Mod-Add-Yorktown: A Public Hearing on the proposed modification to the Peekskill Sanitary Sewer District by the addition of fifteen (15) parcels located in the Town of Yorktown. [Public Hearing set for December 7, 2015 at 10:30 a.m.] Submitted by the COMMITTEES ON BUDGET & APPROPRIATIONS, INFRASTRUCTURE AND ENVIRONMENT & ENERGY SPEAKERS _________________ *Please see Item #'s 8655 and 8656 for back-up. UNFINISHED BUSINESS

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Page 1: Board of Legislators 800 Michaelian Office Bldg. White

Board of Legislators 800 Michaelian Office Bldg.

White Plains, NY 10601

Regular Meeting www.westchesterlegislators.com

~ Agenda ~

Monday, December, 7, 2015 10:00 AM Legislative Chamber

Board of Legislators Page 1 Updated 12/7/2015:9:10 AM

CALENDAR 23 (CONSENT)

CALL TO ORDER

MINUTES APPROVAL

Monday, November 23, 2015 at 7:00 PM

PUBLIC COMMENT

SPEAKERS _____________

PUBLIC HEARING

1. RES-2015-144 Resolution – PH-Sewer District Mod-Add-Yorktown:

A Public Hearing on the proposed modification to the Peekskill Sanitary Sewer District by the

addition of fifteen (15) parcels located in the Town of Yorktown. [Public Hearing set for

December 7, 2015 at 10:30 a.m.]

Submitted by the COMMITTEES ON BUDGET & APPROPRIATIONS, INFRASTRUCTURE AND

ENVIRONMENT & ENERGY

SPEAKERS _________________

*Please see Item #'s 8655 and 8656 for back-up.

UNFINISHED BUSINESS

Page 2: Board of Legislators 800 Michaelian Office Bldg. White

Regular Meeting Agenda December 7, 2015

Board of Legislators Page 2 Printed 12/7/2015

I. COMMUNICATIONS

A. COUNTY EXECUTIVE

1. (ID # 8746) Act – IMA-Snow and Ice Control-Municipalities:

An ACT to authorize Westchester County to enter into inter-municipal agreements with local

municipalities for snow and ice control on County roads within the boundaries of the

municipality.

Committee Referral: COMMITTEES ON BUDGET & APPROPRIATIONS AND INFRASTRUCTURE

2. (ID # 8763) Act – Amended Resource Allocation Plan-2015:

An ACT authorizing Westchester County to execute and submit to the State of New York an

amended Resource Allocation Plan which will provide increased State reimbursement to the

County for certain youth services programs.

Committee Referral: COMMITTEES ON BUDGET & APPROPRIATIONS AND COMMUNITY

SERVICES

B. COUNTY ATTORNEY

C. LEGISLATORS

1. (ID # 8747) Communication – HON. SHEILA MARCOTTE: Wall St Journal -

Myth of Climate Change '97%:

Forwarding an article from The Wall Street Journal entitled, "The Myth of Climate Change

'97%."

Committee Referral: COMMITTEE ON ENVIRONMENT & ENERGY

2. (ID # 8748) Communication – HON. MARYJANE SHIMSKY: Ltr of

Support/Petition RE: Cornell Coop Ext Funding-Louis Petralia:

Forwarding a letter of support and petition from Louis Petralia RE: Funding for the Cornell

Cooperative Extension.

Committee Referral: COMMITTEE ON BUDGET & APPROPRIATIONS

Page 3: Board of Legislators 800 Michaelian Office Bldg. White

Regular Meeting Agenda December 7, 2015

Board of Legislators Page 3 Printed 12/7/2015

3. (ID # 8749) Communication – HON. MARYJANE SHIMSKY: NACo Cty News-

Suburban poverty takes center stage:

Forwarding a NACo County News article entitled, "Suburban poverty takes center stage."

Committee Referral: COMMITTEE ON COMMUNITY SERVICES

4. (ID # 8750) Communication – HON. MARYJANE SHIMSKY: NY Times-How

Doctors Helped Drive the Addiction Crisis:

Forwarding a New York Times article entitled, "How Doctors Helped Drive the Addiction

Crisis."

Committee Referral: COMMITTEE ON COMMUNITY SERVICES

5. (ID # 8751) Communication – HON. MARYJANE SHIMSKY: LoHud.com-

Yorktown Costco gets go-ahead:

Forwarding a LoHud.com article entitled, "Yorktown Costco gets go-ahead."

Committee Referral: COMMITTEES ON BUDGET & APPROPRIATIONS, ECONOMIC

DEVELOPMENT & CAPITAL PROJECTS AND INFRASTRUCTURE

6. (ID # 8752) Communication – HON. MARYJANE SHIMSKY: LoHud.com-How

would Al DelBello react to Muscott Farm job cuts:

Forwarding a LoHud.com article entitled, "How would Al DelBello react to Muscoot Farm job

cuts?"

Committee Referral: COMMITTEES ON BUDGET & APPROPRIATIONS AND INFRASTRUCTURE

7. (ID # 8753) Communication – HON. MARYJANE SHIMSKY: LoHud.com-Refugee

crisis and New York's soul:

Forwarding a LoHud.com article entitled, "A refugee crisis, and New York's soul."

Committee Referral: COMMITTEES ON ENVIRONMENT & ENERGY AND INFRASTRUCTURE

8. (ID # 8755) Communication – HON. MARYJANE SHIMSKY: NYT-Black Friday

Falters as Consumer Behaviors Change:

Forwarding a New York Times article entitled, "Black Friday Falters as Consumer Behaviors

Change."

Committee Referral: COMMITTEE ON BUDGET & APPROPRIATIONS

Page 4: Board of Legislators 800 Michaelian Office Bldg. White

Regular Meeting Agenda December 7, 2015

Board of Legislators Page 4 Printed 12/7/2015

9. (ID # 8756) Communication – HON. MARYJANE SHIMSKY: NYSAC News-

Rockland Cty Local Law RE: Drone Operation:

Forwarding a NYSAC News article entitled, "Rockland County Legislature Passes Local Law

Regulating Drone Operation."

Committee Referral: COMMITTEES ON LEGISLATION AND INFRASTRUCTURE

10. (ID # 8757) Communication – HON. MARYJANE SHIMSKY: NYSAC News-Erie

Cty Passes Law RE: Cosmetic Products/Microbeads:

Forwarding a NYSAC News article entitled, "Erie County Passes Local Law Banning the Sale

of Cosmetic Products Containing Microbeads."

Committee Referral: COMMITTEES ON LEGISLATION AND ENVIRONMENT & ENERGY

11. (ID # 8758) Communication – LEGISLATORS SHIMSKY AND A. WILLIAMS:

NYSAC News-Counties Come Together RE: Organ and Tissue Donation:

Forwarding a NYSAC News article entitled, "Working Together, Working for Life: Counties

Come Together to Save Lives through Organ and Tissue Donation."

Committee Referral: COMMITTEE ON COMMUNITY SERVICES

12. (ID # 8759) Communication – HON. KEN JENKINS: InsideEves.com-

Amendment RE: EV Charging Stations at Fed Facilities:

Forwarding a InsideEves.com article entitled, "Amendment Will Remove Ban on EV Charging

Stations at Federal Facilities."

Committee Referral: COMMITTEE ON ENVIRONMENT & ENERGY

13. (ID # 8760) Communication – HON. KEN JENKINS: NYT-HUD Homes at Half

Price:

Forwarding a New York Times article entitled, "HUD Homes at Half Price."

Committee Referral: COMMITTEE ON LABOR, PARKS, PLANNING& HOUSING

14. SI (ID # 8762) Act – CLERK OF THE BOARD: County Clerk Service Fee

Schedule:

Page 5: Board of Legislators 800 Michaelian Office Bldg. White

Regular Meeting Agenda December 7, 2015

Board of Legislators Page 5 Printed 12/7/2015

An ACT authorizing the Westchester County Clerk to charge fees for providing various

services.

Committee Referral: COMMITTEE ON BUDGET & APPROPRIATIONS

II. NOTICES & PETITIONS

III. STANDING COMMITTEES

Appointments; Budget & Appropriations; Community Services; Economic Development &

Capital Projects Environment & Energy; Federal & State Affairs; Infrastructure;

Labor/Parks/Planning/Housing; Law; Legislation; Public Safety; Rules; Seniors &

Constituencies

1. (ID # 8740) Act – CBA-RB2UU-Fulton Ave Bridge over Hutchinson River:

An ACT amending the 2015 County Capital Budget Appropriation for Capital Project RBU22-

Fulton Avenue Bridge, Mount Vernon-Pelham Manor.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS, ECONOMIC DEVELOPMENT &

CAPITAL PROJECTS AND INFRASTRUCTURE

ACT _______________ - 2015 VOTE ___________

2. (ID # 8741) Act – BOND ACT-RB2UU-Fulton Ave Bridge over Hutchinson River:

A BOND ACT authorizing the issuance of SIX HUNDRED THOUSAND ($600,000) DOLLARS in

bonds of the County to finance Capital Project RB2UU- Fulton Avenue Bridge, Mount

Vernon/Pelham Manor.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS, ECONOMIC DEVELOPMENT &

CAPITAL PROJECTS AND INFRASTRUCTURE

BOND ACT _______________ - 2015 VOTE ___________

3. (ID # 8742) Act – CBA-RB03S-Fulton Avenue Bridge Span Upgrades:

An ACT amending the 2015 County Capital Budget Appropriation for Capital Project RB03S-

Fulton Avenue Bridge-Span drives, Power-Control System Upgrades, Mount Vernon/Pelham

Manor.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS, ECONOMIC DEVELOPMENT &

CAPITAL PROJECTS AND INFRASTRUCTURE

ACT _______________ - 2015 VOTE ___________

Page 6: Board of Legislators 800 Michaelian Office Bldg. White

Regular Meeting Agenda December 7, 2015

Board of Legislators Page 6 Printed 12/7/2015

4. (ID # 8743) Act – BOND ACT-RB03S-Fulton Avenue Bridge Span Upgrades:

A BOND ACT authorizing the issuance of TWO MILLION TWO HUNDRED FIFTY THOUSAND

($2,250,000) DOLLARS in bonds of the County to finance Capital Project RB03S- Fulton

Avenue Bridge, Span drives, Power-Control System Upgrades, Mount Vernon/Pelham Manor.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS, ECONOMIC DEVELOPMENT &

CAPITAL PROJECTS AND INFRASTRUCTURE

BOND ACT _______________ - 2015 VOTE ___________

5. SI (ID # 7870) Resolution – RE-APPT-Planning Board-Rosen:

RESOLUTION re-appointing Mark Rosen as a member of the Westchester County Planning

Board, for the term December 7, 2015 to December 31, 2017.

Submitted by COMMITTEE ON APPOINTMENTS

RESOLUTION ___________ -2015 VOTE ___________

6. SI (ID # 7967) Resolution – RE-APPT-Youth Board-Cibelli:

RESOLUTION re-appointing Casimiro Cibelli, as a member of the Westchester County Youth

Board, for the term November 23, 2015 to December 31, 2017.

Submitted by COMMITTEE ON APPOINTMENTS

RESOLUTION ___________ -2015 VOTE ___________

7. SI (ID # 8664) Resolution – APPT-Domestic Violence Council-Kanusher:

A RESOLUTION appointing Cindy Kanusher, as a member of the Westchester County

Domestic Violence Council, for the term December 7, 2015 to December 31, 2017.

Submitted by COMMITTEE ON APPOINTMENTS

RESOLUTION ___________ -2015 VOTE ___________

8. SI (ID # 8485) Resolution – APPT-Women's Advisory Board-Dechiaro:

RESOLUTION appointing Joy Dechiaro as an at-large member of the Westchester County

Women's Advisory Board for the term November 23, 2015 to December 31, 2016.

Submitted by COMMITTEE ON APPOINTMENTS

Page 7: Board of Legislators 800 Michaelian Office Bldg. White

Regular Meeting Agenda December 7, 2015

Board of Legislators Page 7 Printed 12/7/2015

RESOLUTION ___________ -2015 VOTE ___________

9. SI (ID # 8318) Resolution – APPT-Professional Prequalification Board-

Manfredi:

RESOLUTION appointing Cesare J. Manfredi as a member of the Westchester County

Professional Prequalification Board for a term October 5, 2015 to December 31, 2018.

Submitted by COMMITTEE ON APPOINTMENTS

RESOLUTION ___________ -2015 VOTE ___________

10. SI (ID # 8482) Resolution – APPT-Human Rights Commission-Salim:

RESOLUTION appointing Ghada Salim as a member of the Westchester County Human

Rights Commission for the term November 23, 2015 to December 31, 2017.

Submitted by COMMITTEE ON APPOINTMENTS

RESOLUTION ___________ -2015 VOTE ___________

11. SI (ID # 8609) Local Law – Lease Agreement with Flexjet, LLC:

A LOCAL LAW authorizing Westchester County to enter into a lease agreement with Flexjet,

LLC for space at the Westchester County Airport.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS PROJECTS AND

INFRASTRUCTURE

LOCAL LAW INTRO No. 8609- 2015 VOTE ___________

IV. SPECIAL ORDERS

1. (ID # 8655) Resolution – ENV RES-Sewer District Mod-Add-Yorktown:

A RESOLUTION approving the draft Findings Statement for the proposed modification to the

Peekskill Sanitary Sewer District by the addition of 15 parcels of property located in the

Town of Yorktown.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS, ENVIRONMENT & ENERGY

AND INFRASTRUCTURE

RESOLUTION _______________ - 2015 VOTE ___________

Page 8: Board of Legislators 800 Michaelian Office Bldg. White

Regular Meeting Agenda December 7, 2015

Board of Legislators Page 8 Printed 12/7/2015

2. (ID # 8656) Act – Sewer District Mod-Add-Yorktown:

An ACT to modify the Peekskill Sanitary Sewer District by the addition of fifteen (15) parcels

of property located in the Town of Yorktown.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS, ENVIRONMENT & ENERGY

AND INFRASTRUCTURE

ACT _______________ - 2015 VOTE ___________

3. SI (ID # 8739) Resolution – Distinguished Service Award-Michael Smith:

A Resolution to bestow the "Distinguished Service Award" on the Honorable Michael J.

Smith.

Submitted by COMMITTEE ON APPOINTMENTS

RESOLUTION ___________ -2015 VOTE ___________

MOTIONS, RESOLUTIONS & CALL OF THE DISTRICTS

(ID # 8754) Memorial Resolution – 19-2015:

HON. CATHERINE BORGIA: Catherine Siciliano

HON. GORDON BURROWS AND ALL LEGISLATORS: Diane DeMuro

HON. DAVID GELFARB: Michael J. Occhicone

HON. MICHAEL KAPLOWITZ: John Robert Cullen, Vincent V. Panzarino, Robert Tighe, Sr.

HON. JAMES MAISANO: Dolores Juliano, Peter F. O'Hara, Richard J. Creaturo, Jennie Gerardi

HON. MICHAEL SMITH: Selma Leah Fine, Sarah Cristello, Nancy Jane DiCampli, Betty Lari

Martineau

HON. JOHN TESTA: Carol Alimonti, Patrick O'Sullivan, Rudolph Valentini, Ethel Lonergan,

Nancy Serocki

HON. ALFREDA WILLIAMS: Sister Sabyna Schmitz

Page 9: Board of Legislators 800 Michaelian Office Bldg. White

Regular Meeting Agenda December 7, 2015

Board of Legislators Page 9 Printed 12/7/2015

HON. LYNDON WILLIAMS: Marjorie H. Fields

ADJOURNMENT

On motion of Ms. Borgia, seconded by Mr. Testa, the Board adjourned to meet on January

4, 2016 at 7:00 p.m.

Motion To: Adjourn

Page 10: Board of Legislators 800 Michaelian Office Bldg. White

Board of Legislators 800 Michaelian Office Bldg.

White Plains, NY 10601

Regular Meeting www.westchesterlegislators.com

~Minutes~

Monday, November, 23, 2015 7:00 PM Legislative Chamber

Board of Legislators Page 1 Updated 11/24/2015:2:47 PM

CALENDAR 22 (CONSENT)

CALL TO ORDER

The County Board met pursuant to adjournment.

The Honorable Michael B. Kaplowitz in the Chair.

The Chairman opened the meeting at 7:05 PM with the salute to our flag and a prayer.

The roll call resulted as follows:

Attendee Name Title Status Arrived

Catherine Borgia D9 Legislator (Majority Leader) Present

John G. Testa D1 Legislator (Minority Leader) Present

Benjamin Boykin D5 Legislator Present

Gordon A. Burrows D15 Legislator (Minority Whip) Present

Alan Cole D2 Legislator Present

David B. Gelfarb D6 Legislator Present

Kenneth W. Jenkins D16 Legislator Present

James Maisano D11 Legislator (Vice-Chairman of the Board) Present

Sheila Marcotte D10 Legislator Present

Catherine Parker D7 Legislator Present

Virginia Perez D17 Legislator Present

Mary Jane Shimsky D12 Legislator Present

Michael J. Smith D3 Legislator Present

Bernice Spreckman D14 Legislator Present

Alfreda Williams D8 Legislator Present

Lyndon Williams D13 Legislator (Majority Whip) Present

Michael Kaplowitz D4 Legislator (Chairman of the Board) Present

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Page 11: Board of Legislators 800 Michaelian Office Bldg. White

Regular Meeting Minutes November 23, 2015

Board of Legislators Page 2 Printed 11/24/2015

MINUTES APPROVAL

On motion of Ms. Borgia, the following minutes were approved:

Monday, November 09, 2015 at 7:00 PM

PUBLIC COMMENT

There were 2 speakers.

PUBLIC HEARING

1. RES-2015-133 Resolution - PH-Lease Agreement with Flexjet, LLC:

A Public Hearing on a LOCAL LAW authorizing Westchester County to enter into a lease

agreement with Flexjet, LLC for space at the Westchester County Airport.

[Public Hearing set for November 23, 2015 at 7:30 p.m.; Local Law Intro No. 8609-2015]

Submitted by COMMITTEE ON BUDGET & APPROPRIATIONS AND INFRASTRUCTURE.

There was 1 speaker.

No other person wishing to be heard, Ms. Borgia declared the public hearing closed and

resumed the regular order of business.

RESULT: PUBLIC HEARING HELD

UNFINISHED BUSINESS

(ID # 8661) Resolution - APPT-Women's Advisory Board-Benjamin:

A RESOLUTION appointing Nicole Benjamin, as an at-large member of the Westchester

County Women's Advisory Board, for the term January 1, 2015 to December 31, 2016.

On motion of Ms. Borgia the above item was received, filed and referred to the Committee

on Appointments by a unanimous vote.

RESULT: REFERRED TO COMMITTEE

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Page 12: Board of Legislators 800 Michaelian Office Bldg. White

Regular Meeting Minutes November 23, 2015

Board of Legislators Page 3 Printed 11/24/2015

I. COMMUNICATIONS

A. COUNTY EXECUTIVE

1. (ID # 8715) Act - Proposed Appropriations & Tax Levies for 2016 Budget:

An ACT adopting the County Budget and making appropriations and levying real property

taxes for the support of County Government for the year 2016.

On motion of Ms. Borgia the above item was received, filed and referred to the Committee

on Budget & Appropriations.

RESULT: REFERRED TO COMMITTEE

2. (ID # 8716) Act - Tax Certiorari-FY 2016:

A BOND ACT authorizing the issuance of ELEVEN MILLION ($11,000,000) DOLLARS in bonds

of the County to finance the payment of Real Property Tax Refunds Pursuant to Tax

Certiorari proceedings.

On motion of Ms. Borgia the above item was received, filed and referred to the Committee

on Budget & Appropriations.

RESULT: REFERRED TO COMMITTEE

3. (ID # 8717) Act - Authorize Payment of Legal Fees and Costs-Wilson Elser:

An ACT entitled, "An ACT authorizing payment of invoices from Wilson Elser Moskowitz

Edelman & Dicker LLP to Westchester County for legal representation."

On motion of Ms. Borgia the above item was received, filed and referred to the Committees

on Law and Budget & Appropriations.

RESULT: REFERRED TO COMMITTEE

4. (ID # 8725) Communication - Dept Emergency Srvcs Annual Report 2014:

The Westchester County Department of Emergency Services 2014 Annual Report.

On motion of Ms. Borgia the above item was received, filed and referred to the Committee

on Public Safety.

RESULT: REFERRED TO COMMITTEE

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Page 13: Board of Legislators 800 Michaelian Office Bldg. White

Regular Meeting Minutes November 23, 2015

Board of Legislators Page 4 Printed 11/24/2015

5. (ID # 8726) Communication - West Co FAH Program-Quarterly Report 3Q

2015:

The Westchester County Fair Affordable Housing Program 2015 3Q Quarterly Report.

On motion of Ms. Borgia the above item was received, filed and referred to the Committee

on Labor, Parks, Planning & Housing.

RESULT: REFERRED TO COMMITTEE

6. (ID # 8727) Resolution - Designating Office of Tourism TPA for 2016:

A RESOLUTION designating the Westchester County Office of Tourism and Film as the

Tourist Promotion Agency for Westchester County for the period from January 1, 2016

through December 31, 2016.

On motion of Ms. Borgia the above item was received, filed and referred to the Committee

on Budget & Appropriations.

RESULT: REFERRED TO COMMITTEE

7. (ID # 8728) Act - Designating Office of Tourism TPA for 2016:

An ACT designating the Westchester County Office of Tourism and Film as the Tourist

Promotion Agency for Westchester County for the period from January 1, 2016 through

December 31, 2016.

On motion of Ms. Borgia the above item was received, filed and referred to the Committee

on Budget & Appropriations.

RESULT: REFERRED TO COMMITTEE

8. SI (ID # 8740) Act - CBA-RB2UU-Fulton Ave Bridge over Hutchinson River:

An ACT amending the 2015 County Capital Budget Appropriation for Capital Project RBU22-

Fulton Avenue Bridge, Mount Vernon-Pelham Manor.

On motion of Ms. Borgia the above item was received, filed and referred to the Committees

on Budget & Appropriations, Economic Development & Capital Projects and Infrastructure.

RESULT: REFERRED TO COMMITTEE

9. SI (ID # 8741) Act - BOND ACT-RB2UU-Fulton Ave Bridge over Hutchinson

River:

A BOND ACT authorizing the issuance of SIX HUNDRED THOUSAND ($600,000) DOLLARS in

bonds of the County to finance Capital Project RB2UU- Fulton Avenue Bridge, Mount

Vernon/Pelham Manor.

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Page 14: Board of Legislators 800 Michaelian Office Bldg. White

Regular Meeting Minutes November 23, 2015

Board of Legislators Page 5 Printed 11/24/2015

On motion of Ms. Borgia the above item was received, filed and referred to the Committees

on Budget & Appropriations, Economic Development & Capital Projects and Infrastructure.

RESULT: REFERRED TO COMMITTEE

10. SI (ID # 8742) Act - CBA-RB03S-Fulton Avenue Bridge Span Upgrades:

An ACT amending the 2015 County Capital Budget Appropriation for Capital Project RB03S-

Fulton Avenue Bridge-Span drives, Power-Control System Upgrades, Mount Vernon/Pelham

Manor.

On motion of Ms. Borgia the above item was received, filed and referred to the Committees

on Budget & Appropriations, Economic Development & Capital Projects and Infrastructure.

RESULT: REFERRED TO COMMITTEE

11. SI (ID # 8743) Act - BOND ACT-RB03S-Fulton Avenue Bridge Span Upgrades:

A BOND ACT authorizing the issuance of TWO MILLION TWO HUNDRED FIFTY THOUSAND

($2,250,000) DOLLARS in bonds of the County to finance Capital Project RB03S- Fulton

Avenue Bridge, Span drives, Power-Control System Upgrades, Mount Vernon/Pelham Manor.

On motion of Ms. Borgia the above item was received, filed and referred to the Committees

on Budget & Appropriations, Economic Development & Capital Projects and Infrastructure.

RESULT: REFERRED TO COMMITTEE

12. SI (ID # 8744) Resolution - PH-Sewer District Mod-Add-Cortlandt:

A RESOLUTION setting a Public Hearing on a proposed modification to the Peekskill Sanitary

Sewer District by the addition of one parcel of property - Acadia Cortlandt Crossing, LLC-

Cortlandt.

On motion of Ms. Borgia the above item was received, filed and referred to the Committees

on Budget & Appropriations, Environment & Energy and Infrastructure.

RESULT: REFERRED TO COMMITTEE

13. SI (ID # 8745) Act - Sewer District Mod-Add-Cortlandt:

An ACT to modify the Peekskill Sanitary Sewer District by the addition of one parcel of

property-Acadia Cortlandt Crossing, LLC, Cortlandt.

On motion of Ms. Borgia the above item was received, filed and referred to the Committees

on Budget & Appropriations, Environment & Energy and Infrastructure.

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Page 15: Board of Legislators 800 Michaelian Office Bldg. White

Regular Meeting Minutes November 23, 2015

Board of Legislators Page 6 Printed 11/24/2015

RESULT: REFERRED TO COMMITTEE

B. COUNTY ATTORNEY

1. (ID # 8738) Act - Legal Counsel Retainer and Fee Payment Authorization:

An ACT authorizing the designation and retention of private counsel relating to lawsuits and

approving payment of the invoices of private counsel in said matters.

On motion of Ms. Borgia the above item was received, filed and referred to the Committees

on Law and Budget & Appropriations.

RESULT: REFERRED TO COMMITTEE

C. LEGISLATORS

1. (ID # 8718) Communication - HON. ALAN COLE: Time Warner News - County

Approves Ban on Microbeads:

Forwarding an article from Time Warner Cable News entitled, "County Approves Ban on

Microbeads."

On motion of Ms. Borgia the above item was received, filed and referred to the Committees

on Environment & Energy and Legislation.

RESULT: REFERRED TO COMMITTEE

2. (ID # 8719) Communication - HON. ALFREDA WILLIAMS: Reappt

Recommendation-Cty Bd of Health-Aspros:

Forwarding her correspondence to the Appointments Committee Chair recommending the

reappointment of Douglas G. Aspros, DVM, as the White Plains City Representative, to the

Westchester County Board of Health.

On motion of Ms. Borgia the above item was received, filed and referred to the Committee

on Appointments.

RESULT: REFERRED TO COMMITTEE

3. (ID # 8721) Communication - HON. MICHAEL SMITH: Nassau Cty Contract

Practices Recommendations-Feiner:

Forwarding correspondence from Supervisor Feiner, Greenburgh, urging the County to

review and consider the recommendations of Nassau County's Anti-Corruption Commission

with regard to County contracting practices.

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Page 16: Board of Legislators 800 Michaelian Office Bldg. White

Regular Meeting Minutes November 23, 2015

Board of Legislators Page 7 Printed 11/24/2015

On motion of Ms. Borgia the above item was received, filed and referred to the Committees

on Budget & Appropriations.

RESULT: REFERRED TO COMMITTEE

4. (ID # 8722) Communication - HON. MARYJANE SHIMSKY: LoHud.com-Green

Roofs take root to reduce flooding, save energy:

Forwarding a LoHud.com article entitled, "Green roofs take root to reduce flooding, save

energy."

Committee Referral: COMMITTEES ON ENVIRONMENT & ENERGY AND INFRASTRUCTURE

On motion of Ms. Borgia the above item was received, filed and referred to the Committees

on Environment & Energy and Infrastructure.

RESULT: REFERRED TO COMMITTEE

5. (ID # 8723) Communication - HON. MARYJANE SHIMSKY: LoHud.com-$450K

audit stalls deal with ex-Mt. Vernon official:

Forwarding a LoHud.com article entitled, "$450K audit stalls deal with ex-Mt. Vernon

official."

On motion of Ms. Borgia the above item was received, filed and referred to the Committees

on Budget & Appropriations, Environment & Energy and Infrastructure.

RESULT: REFERRED TO COMMITTEE

6. (ID # 8724) Communication - HON. DAVID GELFARB: Appt. Recommendation-

West Cty Hispanic Adv. Bd.-Albert:

Recommending the appointment of Father Hilario Albert to the Westchester County Hispanic

Advisory Board.

On motion of Ms. Borgia the above item was received, filed and referred to the Committee

on Appointments.

RESULT: REFERRED TO COMMITTEE

7. (ID # 8729) Communication - LEGISLATORS SHIMSKY AND A. WILLIAMS:

NACo Cty News-County funds heroin treatment program:

Forwarding a NACo County News article entitled, "County funds heroin treatment program

for rescued addicts."

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On motion of Ms. Borgia the above item was received, filed and referred to the Committee

on Community Services.

RESULT: REFERRED TO COMMITTEE

8. (ID # 8730) Communication - LEGISLATORS SHIMSKY AND A. WILLIAMS:

NACo Cty News-Suburban poverty takes center stage:

Forwarding a NACo County News article entitled, "Suburban poverty takes center stage."

On motion of Ms. Borgia the above item was received, filed and referred to the Committee

on Community Services.

RESULT: REFERRED TO COMMITTEE

9. (ID # 8731) Communication - HON. MARYJANE SHIMSKY: LoHud.com-Astorino

budget plan cuts 25 jobs:

Forwarding a LoHud.com article entitled, "Astorino budget plan cuts 25 jobs."

On motion of Ms. Borgia the above item was received, filed and referred to the Committee

on Budget & Appropriations.

RESULT: REFERRED TO COMMITTEE

10. (ID # 8732) Communication - HON. MARYJANE SHIMSKY: LoHud.com-County

asked to put pipeline on hold:

Forwarding a LoHud.com article entitled, "County asked to put pipeline on hold."

On motion of Ms. Borgia the above item was received, filed and referred to the Committees

on Labor, Parks, Planning & Housing, Infrastructure & Environment & Energy.

RESULT: REFERRED TO COMMITTEE

11. (ID # 8733) Communication - HON. MARYJANE SHIMSKY: LoHud.com-Finish

Westchester affordable housing settlement:

Forwarding a LoHud.com article entitle, "Enough! Finish Westchester affordable housing

settlement."

On motion of Ms. Borgia the above item was received, filed and referred to the Committees

on Labor, Parks, Planning & Housing and Law. DRAFT

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RESULT: REFERRED TO COMMITTEE

12. (ID # 8734) Communication - HON. MARYJANE SHIMSKY: South County

Trailway Paving-Ardsley Mayor Porcino:

Forwarding correspondence from Ardsley Mayor Peter Porcino RE: Paving of the South

County Trailway.

On motion of Ms. Borgia the above item was received, filed and referred to the Committee

on Labor, Parks, Planning & Housing.

RESULT: REFERRED TO COMMITTEE

13. (ID # 8735) Communication - LEGISLATORS SHIMSKY, A. WILLIAMS, L.

WILLIAMS, COLE, PARKER, BOYKIN, JENKINS, KAPLOWITZ, AND BORGIA: WCC &

CSEA Agreement-WCC Bd of Dir. Chair David Swope:

Forwarding correspondence from Westchester Community College Board of Directors Chair

David Swope RE: decision not to support agreement between WCC & CSEA.

On motion of Ms. Borgia the above item was received, filed and referred to the Committee

on Labor, Parks, Planning & Housing.

RESULT: REFERRED TO COMMITTEE

14. (ID # 8736) Communication - HON. KEN JENKINS: Memo of Leg-West. Cty

Transit Employee Protection Act:

Memorandum of Legislation proposing the Westchester County Transit Employee Protection

Act.

On motion of Ms. Borgia the above item was received, filed and referred to the Committees

on Infrastructure, Labor, Parks, Planning & Housing and Budget & Appropriations.

RESULT: REFERRED TO COMMITTEE

15. (ID # 8737) Communication - HON. DAVID GELFARB: Sewer Dist. Mod

Request-Removal-Glen Park Road:

Forwarding a resolution from the Harrison Town Clerk requesting the removal of a parcel of

property from the Mamaroneck Valley Sewer District - 1 Glen Park Road, Purchase, NY.

On motion of Ms. Borgia the above item was received, filed and referred to the Committees

on Infrastructure and Environment & Energy.

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RESULT: REFERRED TO COMMITTEE

D. OTHERS

II. NOTICES & PETITIONS

III. STANDING COMMITTEES

Appointments; Budget & Appropriations; Community Services; Economic Development &

Capital Projects Environment & Energy; Federal & State Affairs; Infrastructure;

Labor/Parks/Planning/Housing; Law; Legislation; Public Safety; Rules; Seniors &

Constituencies

1. ACT-2015-242 Act - Regional Partnership Agreement- Dutchess & Putnam:

An ACT authorizing Westchester County to enter into a Regional Partnership Agreement with

Dutchess and Putnam Counties in order to receive funding from the New York State Division

of Homeland Security and Emergency Services under FY 2015 Hazardous Materials Grant

Program.

Submitted by COMMITTEE ON BUDGET & APPROPRIATIONS AND PUBLIC SAFETY

Ms. Marcotte and Mr. Gelfarb 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.

RESULT: ADOPTED [UNANIMOUS]

AYES: Catherine Borgia, John G. Testa, Benjamin Boykin, Gordon A. Burrows,

Alan Cole, David B. Gelfarb, Kenneth W. Jenkins, James Maisano, Sheila

Marcotte, Catherine Parker, Virginia Perez, Mary Jane Shimsky, Michael

J. Smith, Bernice Spreckman, Alfreda Williams, Lyndon Williams, Michael

Kaplowitz

2. ACT-2015-243 Act - Municipal Mutual Aid & Assistance Agreement- METU:

An ACT authorizing Westchester County to enter into a multi-party Municipal Mutual Aid and

Assistance Agreement with Suffolk and Nassau Counties, the City of New York, the City of

Yonkers and the Port Authority of New York and New Jersey for the purpose of coordinating

the sharing of Major Emergency Transportation Unit program resources, personnel and

equipment in the event of a local disaster or other emergency.

Submitted by COMMITTEE ON BUDGET & APPROPRIATIONS AND PUBLIC SAFETY

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Board of Legislators Page 11 Printed 11/24/2015

Ms. Marcotte and Mr. Gelfarb 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.

RESULT: ADOPTED [UNANIMOUS]

AYES: Catherine Borgia, John G. Testa, Benjamin Boykin, Gordon A. Burrows,

Alan Cole, David B. Gelfarb, Kenneth W. Jenkins, James Maisano, Sheila

Marcotte, Catherine Parker, Virginia Perez, Mary Jane Shimsky, Michael

J. Smith, Bernice Spreckman, Alfreda Williams, Lyndon Williams, Michael

Kaplowitz

3. ACT-2015-244 Act - Mortgage Tax Receipts - 4-1-15 through 9-30-15:

An ACT to authorize the Commissioner of the Westchester County Department of Finance to

pay Mortgage Tax Receipts to Cities, Towns and Villages.

Submitted by COMMITTEE ON BUDGET & APPROPRIATIONS

Ms. Marcotte 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.

RESULT: ADOPTED [UNANIMOUS]

AYES: Catherine Borgia, John G. Testa, Benjamin Boykin, Gordon A. Burrows,

Alan Cole, David B. Gelfarb, Kenneth W. Jenkins, James Maisano, Sheila

Marcotte, Catherine Parker, Virginia Perez, Mary Jane Shimsky, Michael

J. Smith, Bernice Spreckman, Alfreda Williams, Lyndon Williams, Michael

Kaplowitz

4. RES-2015-141 Resolution - APPT-Board of Plumbing Examiners-Griffin:

A RESOLUTION appointing John W. Griffin, as an at-large member of the Westchester

County Board of Plumbing Examiners, for the term November 23, 2015 to December 31,

2019.

Submitted by COMMITTEE ON APPOINTMENTS

Mr. Boykin presented the Resolution and moved its adoption, which motion was carried by

the following vote. DRAFT

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RESULT: ADOPTED [UNANIMOUS]

AYES: Catherine Borgia, John G. Testa, Benjamin Boykin, Gordon A. Burrows,

Alan Cole, David B. Gelfarb, Kenneth W. Jenkins, James Maisano, Sheila

Marcotte, Catherine Parker, Virginia Perez, Mary Jane Shimsky, Michael

J. Smith, Bernice Spreckman, Alfreda Williams, Lyndon Williams, Michael

Kaplowitz

5. SI RES-2015-142 Resolution - ENV RES-RKP01-Kingsland Point Park

Infrastructure:

RESOLUTION determining that there will be no adverse impact on the environment in

connection with Capital Project RKP01-Kingsland Point Park Infrastructure.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS, LABOR, PARKS, PLANNING &

HOUSING AND ECONOMIC DEVELOPMENT & CAPITAL PROJECTS

Ms. Marcotte, Mr. Smith and Ms. Shimsky presented the Resolution and moved its adoption,

which motion was carried by the following vote.

RESULT: ADOPTED [UNANIMOUS]

AYES: Catherine Borgia, John G. Testa, Benjamin Boykin, Gordon A. Burrows,

Alan Cole, David B. Gelfarb, Kenneth W. Jenkins, James Maisano, Sheila

Marcotte, Catherine Parker, Virginia Perez, Mary Jane Shimsky, Michael

J. Smith, Bernice Spreckman, Alfreda Williams, Lyndon Williams, Michael

Kaplowitz

6. SI ACT-2015-245 Act - BOND ACT (Amended)-RKP01-Kingsland Point Park

Infrastructure:

Amended BOND ACT authorizing the issuance of ONE MILLION TWO HUNDRED THOUSAND

($1,200,000) DOLLARS in bonds which includes TWO HUNDRED THIRTY THOUSAND

($230,000) DOLLARS in previously authorized bonds of the County to finance Capital Project

RKP01 - Kingsland Point Park Infrastructure.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS, LABOR, PARKS, PLANNING &

HOUSING AND ECONOMIC DEVELOPMENT & CAPITAL PROJECTS

Ms. Marcotte, Mr. Smith and Ms. Shimsky 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.

RESULT: ADOPTED [UNANIMOUS]

AYES: Catherine Borgia, John G. Testa, Benjamin Boykin, Gordon A. Burrows,

Alan Cole, David B. Gelfarb, Kenneth W. Jenkins, James Maisano, Sheila

Marcotte, Catherine Parker, Virginia Perez, Mary Jane Shimsky, Michael

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J. Smith, Bernice Spreckman, Alfreda Williams, Lyndon Williams, Michael

Kaplowitz

7. SI RES-2015-143 Resolution - ENV RES-RGIP7-General Infrastructure Active

Recreation Areas:

A RESOLUTION determining that there will be no significant adverse impact on the

environment from proposed Capital Project RGIP7-General Infrastructure Active Recreation

Areas.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS, LABOR, PARKS, PLANNING &

HOUSING AND ECONOMIC DEVELOPMENT & CAPITAL PROJECTS

Ms. Marcotte, Mr. Smith and Ms. Shimsky presented the Resolution and moved its adoption,

which motion was carried by the following vote.

RESULT: ADOPTED [UNANIMOUS]

AYES: Catherine Borgia, John G. Testa, Benjamin Boykin, Gordon A. Burrows,

Alan Cole, David B. Gelfarb, Kenneth W. Jenkins, James Maisano, Sheila

Marcotte, Catherine Parker, Virginia Perez, Mary Jane Shimsky, Michael

J. Smith, Bernice Spreckman, Alfreda Williams, Lyndon Williams, Michael

Kaplowitz

8. SI ACT-2015-246 Act - BOND ACT-RGIP7-General Infrastructure Active

Recreation Areas:

A BOND ACT authorizing the issuance of THREE MILLION FOUR HUNDRED FIFTY THOUSAND

($3,450,000) DOLLARS in bonds which includes THREE HUNDRED TWENTY-FIVE THOUSAND

($325,000) DOLLARS in previously authorized bonds of the County to finance Capital Project

RGIP7-General Infrastructure Active Recreation Areas.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS, LABOR, PARKS, PLANNING &

HOUSING AND ECONOMIC DEVELOPMENT & CAPITAL PROJECTS

Ms. Marcotte, Mr. Smith and Ms. Shimsky 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.

RESULT: ADOPTED [UNANIMOUS]

AYES: Catherine Borgia, John G. Testa, Benjamin Boykin, Gordon A. Burrows,

Alan Cole, David B. Gelfarb, Kenneth W. Jenkins, James Maisano, Sheila

Marcotte, Catherine Parker, Virginia Perez, Mary Jane Shimsky, Michael

J. Smith, Bernice Spreckman, Alfreda Williams, Lyndon Williams, Michael

Kaplowitz

9. SI ACT-2015-247 Act - CBA-T001S-Replacement of Articulated Buses:

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An ACT amending the Capital Budget Appropriations for Capital Project T001S- Replacement

of Articulated Buses.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS, ECONOMIC DEVELOPMENT &

CAPITAL PROJECTS AND INFRASTRUCTURE

Ms. Marcotte, Mr. Smith and Ms. Shimsky 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.

RESULT: ADOPTED [UNANIMOUS]

AYES: Catherine Borgia, John G. Testa, Benjamin Boykin, Gordon A. Burrows,

Alan Cole, David B. Gelfarb, Kenneth W. Jenkins, James Maisano, Sheila

Marcotte, Catherine Parker, Virginia Perez, Mary Jane Shimsky, Michael

J. Smith, Bernice Spreckman, Alfreda Williams, Lyndon Williams, Michael

Kaplowitz

10. SI ACT-2015-248 Act - BOND ACT-T001S-Replacement of Articulated Buses:

A BOND ACT authorizing the issuance of EIGHT MILLION ONE HUNDRED NINETY-FOUR

THOUSAND ($8,194,000) DOLLARS in bonds of the County to finance the initial phase of

Capital Project T001S - Replacement of Articulated Buses.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS, ECONOMIC DEVELOPMENT &

CAPITAL PROJECTS AND INFRASTRUCTURE

Ms. Marcotte, Mr. Smith and Ms. Shimsky 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.

RESULT: ADOPTED [UNANIMOUS]

AYES: Catherine Borgia, John G. Testa, Benjamin Boykin, Gordon A. Burrows,

Alan Cole, David B. Gelfarb, Kenneth W. Jenkins, James Maisano, Sheila

Marcotte, Catherine Parker, Virginia Perez, Mary Jane Shimsky, Michael

J. Smith, Bernice Spreckman, Alfreda Williams, Lyndon Williams, Michael

Kaplowitz

IV. SPECIAL ORDERS

1. ACT-2015-249 Act - East of Hudson WQIP Release of Funds:

An ACT authorizing the transfer of SIXTEEN MILLION ($16,000,000) DOLLARS of the East of

Hudson Water Quality Investment Program Fund, into a County Trust Account in order to

partially fund eligible costs associated with a sewer expansion/diversion project.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS AND ENVIRONMENT & ENERGY

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Ms. Marcotte and Ms. Parker 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.

RESULT: ADOPTED [12 TO 5]

AYES: Catherine Borgia, John G. Testa, Benjamin Boykin, Alan Cole, David B.

Gelfarb, James Maisano, Sheila Marcotte, Catherine Parker, Mary Jane

Shimsky, Michael J. Smith, Lyndon Williams, Michael Kaplowitz

NAYS: Gordon A. Burrows, Kenneth W. Jenkins, Virginia Perez, Bernice

Spreckman, Alfreda Williams

2. ACT-2015-250 Act - IMA-EOH WQIP Distribution of Funds-New Castle and

NYC:

An ACT authorizing Westchester County to enter into an inter-municipal agreement with the

Town of New Castle and the City of New York, by and through the New York City

Department of Environmental Protection in order to distribute SIXTEEN MILLION

($16,000,000) DOLLARS of the East or Hudson Water Quality Investment Program Fund, in

order to partially fund the eligible costs of a sewer expansion/diversion project.

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS AND ENVIRONMENT & ENERGY

Ms. Marcotte and Ms. Parker 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.

RESULT: ADOPTED [12 TO 5]

AYES: Catherine Borgia, John G. Testa, Benjamin Boykin, Alan Cole, David B.

Gelfarb, James Maisano, Sheila Marcotte, Catherine Parker, Mary Jane

Shimsky, Michael J. Smith, Lyndon Williams, Michael Kaplowitz

NAYS: Gordon A. Burrows, Kenneth W. Jenkins, Virginia Perez, Bernice

Spreckman, Alfreda Williams

3. RES-2015-144 Resolution - PH-Sewer District Mod-Add-Yorktown:

A RESOLUTION on the proposed modification to the Peekskill Sanitary Sewer District by the

addition of fifteen (15) parcels located in the Town of Yorktown. [Public Hearing set for

December 7, 2015 at 7:30 p.m.]

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS, ENVIRONMENT & ENERGY

AND INFRASTRUCTURE

Ms. Marcotte, Ms. Parker and Ms. Shimsky presented the Resolution and moved its

adoption, which motion was carried by the following vote.

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RESULT: ADOPTED [UNANIMOUS]

AYES: Catherine Borgia, John G. Testa, Benjamin Boykin, Gordon A. Burrows,

Alan Cole, David B. Gelfarb, Kenneth W. Jenkins, James Maisano, Sheila

Marcotte, Catherine Parker, Virginia Perez, Mary Jane Shimsky, Michael

J. Smith, Bernice Spreckman, Alfreda Williams, Lyndon Williams, Michael

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MOTIONS, RESOLUTIONS & CALL OF THE DISTRICTS

M-RES-2015-18 Memorial Resolution - 18-2015:

HON. ALAN COLE: Lois Colley

HON. BURROWS: Anthony Kaloedas

LEGISLATORS GORDON BURROWS, JENKINS, SPRECKMAN AND PEREZ: Ira Goldman

HON. DAVID GELFARB: Patricia O. Powell, Rose Amelia Defelice, Corey Thomas Smith, Rita

Vitagliano, Anne P. Violante, Carl, Persson, Joseph Pendrak

HON. MICHAEL KAPLOWITZ: Robert R. Branson

HON. JAMES MAISANO: Carol Ann Seckerson, Peter Gualtieri, Sheila McCloskey, Richard J.

Creaturo

LEGISLATORS MAISANO AND MARCOTTE: Willie Mae Tucker

HON. SHEILA MARCOTTE: Rita DeLuca, Modesta DeLuca, John Malesardi

HON. MARYJANE SHIMSKY: Vincent A. Coviello, Phillip Calderone

HON. MICHAEL SMITH: Thomas A. Fraser, Bridget Reynolds

HON. BERNICE SPRECKMAN: Eugene A. Flauraud

HON. JOHN TESTA: Michele Ingulli, Thomas McKeon, Mary Jane Reagan, Donald Lane

Beaumont, Sr., Seabrew Ford, Joseph Vito Pisani

HON. ALFREDA WILLIAMS: Claude D. Grant, Thomas F. Cipollaro

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RESULT: ADOPTED [UNANIMOUS]

AYES: Catherine Borgia, John G. Testa, Benjamin Boykin, Gordon A. Burrows,

Alan Cole, David B. Gelfarb, Kenneth W. Jenkins, James Maisano, Sheila

Marcotte, Catherine Parker, Virginia Perez, Mary Jane Shimsky, Michael

J. Smith, Bernice Spreckman, Alfreda Williams, Lyndon Williams, Michael

Kaplowitz

ADJOURNMENT

Motion To: Adjourn

COMMENTS - Current Meeting:

On motion of Ms. Borgia, seconded by Mr. Testa, the Board adjourned at 8:05 PM to meet

on December 7, 2015 at 7:00 p.m.

RESULT: ADOPTED [UNANIMOUS]

AYES: Borgia, Testa, Boykin, Burrows, Cole, Gelfarb, Jenkins, Maisano,

Marcotte, Parker, Perez, Shimsky, Smith, Spreckman, Williams, Williams,

Kaplowitz

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Attachment: COMM-Wall St Journal - Myth of Climate Change '97%-DRAFT (8747 : Wall St Journal - Myth

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Attachment: COMM-Ltr of Support/Petition RE: Cornell Coop Ext Funding-Louis Petralia-DRAFT (8748 :

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Attachment: COMM-Ltr of Support/Petition RE: Cornell Coop Ext Funding-Louis Petralia-DRAFT (8748 :

Page 77: Board of Legislators 800 Michaelian Office Bldg. White

Tel: (914) 995-2821 • Fax: (914) 995-3884 • E-mail: [email protected]

MEMORANDUM

TO: Michael Kaplowitz, Chair, Board of Legislators

FROM: MaryJane Shimsky, Legislator – 12th

District

Alfreda Williams, Legislator – 8th

District

DATE: December 7, 2015

RE: NACO County News “Suburban poverty takes center stage”

By: Charles Ban

Please add the attached NACO County News article to the December 7th Agenda for referral to

the Community Services Committee.

MaryJane Shimsky

Legislator, 12th District Chair, Committee on Infrastructure Chair, Committee on Labor/Parks/Planning/Housing

Committee Assignments: Law Legislation Community Services

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Page 78: Board of Legislators 800 Michaelian Office Bldg. White

“Suburban poverty takes center stage”

December 7, 2015

Page | 2

COUNTY NEWS

Suburban poverty takes center stage By CHARLIE BAN Oct. 19, 2015

Tags: Community & Economic Development

King County, Wash. Councilman Dave Upthegrove (l) and Seattle Foundation’s Michael Brown

discuss suburban poverty in King County. Photo by Charlie Ban

King County’s population growth has landed on the economic margins, and the

poorer demographic of that growth was the focus of the first day of the Large Urban

County Caucus Leadership Symposium.

Councilman Dave Upthegrove said 96 percent of the county’s growth has been in the

highest and lowest income brackets, leading to an increasing population in need of

services in places that are difficult to serve.

“It’s a tale of two regions: We have some of the wealthiest (communities) in the world

and at the same time, we have communities where the level of disparity of inequity is

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“Suburban poverty takes center stage”

December 7, 2015

Page | 3

similar to what you’d see in a third-world country,” said Michael Brown, vice

president for community leadership at the Seattle Foundation.

That is hardly unique to King County, according to Brookings Institution researcher

Alan Berube, who pointed out that although the poverty rate, as a percentage, is

higher in urban areas, suburban areas have more people living below the poverty

line, with suburban poverty becoming the norm today, as 9.5 million live in poverty

outside of urban areas versus 8.9 million in urban areas.

“We think this outdated mental map of poverty — where it happens and who it afflicts

— a) it frustrates our efforts to address it effectively, but b) I think also it makes it

harder for us to muster the political will to fight it effectively,” he said. “We think, ‘It

happens in communities over there, not communities like mine.’”

He pointed out that poverty rates started growing faster in the 1980s and accelerated

in the 2000s with the Great Recession.

A number of factors contribute to the trend. Housing prices are lower outside of

cities, and because work moves with population, 43 percent of jobs are located 10

miles or more from downtown areas, more so for lower-paying sectors like

manufacturing. At the same time, those sectors are recovering slower from the

recession.

Transit options are less convenient in suburban areas because of the population

distribution over larger areas. That also complicates social service placements and

philanthropic involvement.

“Philanthropies don’t want to invest in capacity in these communities because

there’s none there to begin with,” Berube said. “Small suburban communities,

generally speaking, can’t really navigate the thicket of programs to meet the multiple

challenges that families face, and moreover, many of these initiatives were not fit for

suburbs.”

That said, some counties have been able to meet those challenges.

“They’re acting in scale,” he said, “developing capacities, the partnerships and the

relationships to increase the quality and reach.”

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Page | 4

He cited Montgomery County, Md.’s primary care coalition to administer health care,

Cook County, Ill.’s Cook County economic development on South and West sides,

King County’s Orca Lift reduced-fare transit program, and Salt Lake County, Utah’s

Metro Townships metropolitan service districts.

Upthegrove said for a county as diverse as King, it’s hard to balance areas of need

versus equitable distribution.

“There’s an expectation that what you pay into the county, you get out,” he said. “I

know people in rural parts of the county wouldn’t want their resources being spent

on the southern part of the county.”

And even in areas of need, there’s often not much support, and many vocal

opponents.

“Some of the racism and classism is making it difficult to find support for these types

of services,” he said.

He said there is pushback against anti-poverty initiatives, both in coded speech by

candidates and in elections, where councilmembers who voted to increase the

minimum wage started losing elections. A not-in-my-backyard mindset has blocked

placement of social service providers.

Brown explained where his organization, the second-largest philanthropy in the area

behind the Gates Foundation, has helped King County, but also where the county

has to wean itself off and fund its own initiatives.

“I do think the paradigm has to shift between the public sector and the philanthropic

sector because far too often the public sector looks at the philanthropic sector like

one big piggy bank and collectively, we cannot do what the public sector can do, so

this is where the partnership has to come into place,” he said.

“We understand the demands that the public sector has, but frankly, they’re no

different than what the philanthropic sector has.”

The Seattle Foundation launched Communities of Opportunity last year with King

County to increase social, health and economic equity, mostly in southern portions

of the county.

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Page 81: Board of Legislators 800 Michaelian Office Bldg. White

Tel: (914) 995-2821 • Fax: (914) 995-3884 • E-mail: [email protected]

MEMORANDUM

TO: Michael Kaplowitz, Chair, Board of Legislators

FROM: MaryJane Shimsky, Legislator – 12th

District

DATE: December 7, 2015

RE: NY Times: “How Doctors Helped Drive the Addiction Crisis”

By Richard A. Friedman

Please add the attached NY Times Article to the December 7th Agenda for referral to the

Community Services Committee.

MaryJane Shimsky

Legislator, 12th District Chair, Committee on Infrastructure Chair, Committee on Labor/Parks/Planning/Housing

Committee Assignments: Law Legislation Community Services

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“How Doctors Helped Drive the Addiction Crisis”

December 7, 2015

Page | 2

How Doctors Helped Drive the Addiction Crisis NOV. 7, 2015

CreditBjorn Rune Lie

Richard A. Friedman

THERE has been an alarming and steady increase in the mortality rate of middle-aged white Americans since 1999, according to a study published last week. This increase — half a percent annually — contrasts starkly with decreasing death rates in all other age and ethnic groups and with middle-aged people in other developed countries.

So what is killing middle-aged white Americans? Much of the excess death is attributable to suicide and drug and alcohol poisonings. Opioid painkillers like OxyContin prescribed by physicians contribute significantly to these drug overdoses.

Thus, it seems that an opioid overdose epidemic is at the heart of this rise in white middle-age mortality. The rate of death from prescription opioids in the United States increased more than fourfold between 1999 and 2010, dwarfing the combined mortality from heroin and cocaine. In 2013 alone, opioids were involved in 37 percent of all fatal drug overdoses.

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December 7, 2015

Page | 3

Driving this opioid epidemic, in large part, is a disturbing change in the attitude within the medical profession about the use of these drugs to treat pain. Traditionally, opioid analgesics were largely used to treat pain stemming from terminal diseases like cancer, or for short-term uses, such as recovering from surgery.

But starting in the 1990s, there has been a vast expansion in the long-term use of opioid painkillers to treat chronic nonmalignant medical conditions, like low-back pain, sciatica and various musculoskeletal problems. To no small degree, this change in clinical practice was encouraged through aggressive marketing by drug companies that made new and powerful opioids, like OxyContin, an extended-release form of oxycodone that was approved for use in 1995.

The pitch to doctors seemed sensible and seductive: Be proactive with pain and treat it aggressively. After all, doctors have frequently been accused of being insensitive to pain or undertreating it. Here was the corrective, and who in their right mind would argue that physicians shouldn’t try to relieve pain whenever possible?

Well, doctors clearly got the message: The medical use of these drugs grew tenfold in just 20 years. Nearly half of all prescriptions by pain specialists are for opioids. But strikingly, primary care physicians, who generally do not have any particular expertise or training in pain management, prescribed far more opioids overall than pain specialists. For example, in 2012, 18 percent of all prescriptions for opioid analgesics were written by family practitioners, and 15 percent by internists, compared to 5 percent for pain specialists. (This partly reflects the fact that there are fewer pain specialists than primary care doctors.)

But most surprising — and disturbing — of all is that there is actually very weak evidence that opioids are safe or effective for the long-term treatment of nonmalignant pain. So how did they become so popular for these uses? A large review article conducted between 1983 and 2012 found that only 25 of these were randomized controlled trials and only one study lasted three months or longer. The review concluded that there was little good evidence to support the safety or efficacy of long-term opioid therapy for nonmalignant pain. (In contrast, there is little question that opioid analgesics are highly effective for the relief of short-term pain.)

Furthermore, a large 2006 Danish study of a nationally representative sample of 10,066 people that compared opioid and nonopioid users found that opioid use was significantly associated with the reporting of severe pain, poor health, unemployment, and greater use of the health care system. It appears that long-term opioid use did not significantly relieve pain or improve quality of life in this well-designed study.

Worse, there is a well-known syndrome of opioid-induced hyperalgesia in which opioids, paradoxically, can actually increase a person’s sensitivity to painful stimuli.

What the public — and physicians — should know is that there is strong evidence that nonsteroidal anti-inflammatory drugs (Nsaids), like Motrin, and other analgesics like Tylenol are actually safer and more effective for many painful conditions than opioid painkillers.

For example, one study found that a combination of Motrin and Tylenol had a much lower so-called number needed to treat than opioids. (The number needed to treat represents

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“How Doctors Helped Drive the Addiction Crisis”

December 7, 2015

Page | 4

the number of people who must be treated for one person to benefit.) A lower number indicates a more effective treatment.

So how should we deal with the national crisis of opioid misuse, addiction and overdose? The Food and Drug Administration has already taken some tiny, though inadequate, steps forward in recent years by issuing a Risk Evaluation and Mitigation Strategy in 2012 that requires the makers of opioids to provide doctors with training and education about using them safely, and adding warnings to drug labels.

WHAT is really needed is a sea change within the medical profession itself. We should be educating and training our medical students and residents about the risks and limited benefits of opioids in treating pain. All medical professional organizations should back mandated education about safe opioid treatment as a prerequisite for licensure and prescribing. At present, the American Academy of Family Physicians opposes such a measure because it could limit patient access to pain treatment with opioids, which I think is misguided. Don’t we want family doctors, who are significant prescribers of opioids, to learn about their limitations and dangers?

It is physicians who, in large part, unleashed the current opioid epidemic with their promiscuous use of these drugs; we have a large responsibility to end it.

Richard A. Friedman Mental health, addiction, human behavior and neuroscience.

Richard A. Friedman is a professor of clinical psychiatry and the director of the psychopharmacology clinic at the Weill Cornell Medical College, and a contributing opinion writer.

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Tel: (914) 995-2821 • Fax: (914) 995-3884 • E-mail: [email protected]

MEMORANDUM

TO: Michael Kaplowitz, Chair, Board of Legislators

FROM: MaryJane Shimsky, Legislator – 12th

District

DATE: December 7, 2015

RE: Journal News: “Yorktown Costco gets go-ahead”

By Matt Coyne

Please add the attached Journal News Article to the December 7th Agenda for referral to the

Infrastructure Committee.

MaryJane Shimsky

Legislator, 12th District Chair, Committee on Infrastructure Chair, Committee on Labor/Parks/Planning/Housing

Committee Assignments: Law Legislation Community Services

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December 7, 2015

Page | 2

Yorktown Costco gets go-ahead

Matt Coyne, [email protected]:54 p.m. EST November 11, 2015

The site plan for the 151,000-square-foot store was approved Monday by the

town Planning Board.

YORKTOWN - After nearly six years, Costco has finally been given approval for its

proposed store on Crompond Road.

The project would see a 151,000-square-foot building constructed on the site of a former

hotel nestled between the Taconic State Parkway and the Bear Mountain Parkway

extension. It's been floating around since 2009, but faced opposition from the

community and even the site's previous owner.

On Monday night, after the Planning Board spent an hour and a half making minor

changes, the site plan was approved unanimously. The store, at 3200 Crompond Road

(Routes 202/35), would be the membership-only warehouse retailer's only location in

northern Westchester or Putnam County when it opens next year.

“Hopefully, they’ll begin demolition of the old building before the year is over," said town

Supervisor Michael Grace. "There’s some loose ends that have to be tied up,

because other agencies were waiting on the site-plan approval.”

As part of the deal, developer Breslin Realty will bring infrastructure improvements like

new sewer lines, road improvements and a sidewalk between the Costco and Strang

Boulevard. Representatives from Breslin did not return calls for comment.

The site existed as a hotel, most recently as the Yorktown Country Inn until 1994, when it

became a county-run homeless shelter that closed in 2005.

In late 2009, Breslin came to the town with the intention of building a Costco on the site,

which is just up the road from BJ's, another membership-only retailer. The developer

touted the potential for hundreds of jobs — many full-time — and an influx of tax money

for the towns.

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But issues started to pile up quickly, including road improvements to Crompond Road to

ease traffic, and opposition from residents who said the town was bending over

backward to appease developers. Concerns were also raised about the environment, and

legal action was taken by the previous owner of part of the site to try to scuttle the gas

station portion of the plan.

Those issues have since been cleared up. The town completed a study to determine

potential environmental impacts on the site and ways to mitigate them, to which Costco

agreed.

Costco maintains three other stores in Westchester, in Yonkers, New Rochelle and Port

Chester; and one in Rockland, in Nanuet.

Grace reiterated the developer's early promises of jobs and revenue. He said the town

will take 1 percent of the store's sales-tax revenue, and the Yorktown school district

another 1 percent.

“It’s not insignificant because, if you look at the tax caps, if we net a 1 percent gain in

real-estate tax revenue, that actually satisfies the cap for us," Grace said. "It sounds

small, but it’s not.”

As an added bonus, Grace said, the town gets rid of the hotel, which he called "an

eyesore."

“We’re thrilled that they’re finally here, the approvals have been issued," he said. "I think

it’s been unnecessarily contentious.”

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Page 88: Board of Legislators 800 Michaelian Office Bldg. White

Tel: (914) 995-2821 • Fax: (914) 995-3884 • E-mail: [email protected]

MEMORANDUM

TO: Michael Kaplowitz, Chair, Board of Legislators

FROM: MaryJane Shimsky, Legislator – 12th

District

DATE: December 7, 2015

RE: Journal News: “How would Al DelBello react to Muscoot Farm job cuts?”

By Phil Reisman

Please add the attached Journal News Article to the December 7th Agenda for referral to the

Infrastructure and Budget & Appropriations Committees.

MaryJane Shimsky

Legislator, 12th District Chair, Committee on Infrastructure Chair, Committee on Labor/Parks/Planning/Housing

Committee Assignments: Law Legislation Community Services

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Page 89: Board of Legislators 800 Michaelian Office Bldg. White

“How would Al DelBello react to Muscoot Farm job cuts?”

December 7, 2015

Page | 2

Reisman: How would Al DelBello react to Muscoot Farm job cuts?

Phil Reisman, [email protected]:49 a.m. EST November 24, 2015

(Photo: TJN File)

The following is a textbook example of how political good will can clash with ironclad

policy and create an acrimonious mess.

At a dinner of the Westchester County Association Thursday night it was revealed that

County Executive Rob Astorino intended to rename the 777-acre Muscoot Farm in

Somers after the late Alfred B. DelBello.

That’s the good will part of the equation.

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Page 90: Board of Legislators 800 Michaelian Office Bldg. White

“How would Al DelBello react to Muscoot Farm job cuts?”

December 7, 2015

Page | 3

Westchester County-owned Muscoot Farm in Somers (Photo: File photo/The Journal News)

Muscoot Farm is a cherished public asset — and DelBello, a former Democratic county

executive who died on May 15 at the age of 80, was a dedicated public servant.

Originally a gentleman’s farm, Muscoot was acquired by the county in 1967. One early

idea was to put an ice casino there.

But the story goes that DelBello, and his wife, Dee, were instrumental in having the

beautiful property preserved as an interpretative farm.

That turned out to be a sound decision. The DelBellos had keen foresight.

And so Muscoot was transformed into a year-round attraction with living barnyard

animals, 7 miles of hiking trails and a full schedule of family-oriented events. Today, the

farm attracts 135,000 visitors a year, making it the third most popular conservation park

in the vast county system, behind Glen Island and Croton Point parks.

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Page 91: Board of Legislators 800 Michaelian Office Bldg. White

“How would Al DelBello react to Muscoot Farm job cuts?”

December 7, 2015

Page | 4

Over the past several months there had been a mild debate over how to appropriately

honor the memory of DelBello, whose service as county executive from 1974 to

1982 was sandwiched between stints as mayor of Yonkers and lieutenant governor

under Gov. Mario Cuomo.

The late Alfred B. DelBello (Photo: File photo/The Journal News)

Muscoot Farm is a fitting choice. As I mentioned at the outset it was announced at the

county association’s annual dinner, which was held in tribute to DelBello.

“Al made this county great,” Bill Mooney, the WCA president and CEO, said that night.

He might’ve added that a big part of what makes the county truly great is its magnificent

system of parks.

Here is where the ironclad policy comes into play.

Earlier that same day, representatives from the county parks department were talking

about budget cuts — Astorino’s budget cuts to be precise — and how they were going to

affect county-run facilities like Muscoot Farm.

Astorino’s ironclad policy is to never raise county property taxes, not by 1 cent. It was his

promise from the first day he came into office in 2009 and it was a key selling point

during his unsuccessful bid for governor in 2014.

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Page 92: Board of Legislators 800 Michaelian Office Bldg. White

“How would Al DelBello react to Muscoot Farm job cuts?”

December 7, 2015

Page | 5

Zero tax increases are his “brand,” and he protects it like a miser guarding a bag of

nickels.

Astorino has proposed that 26 jobs be slashed from parks, bringing the staff number

down to 229. Most of those jobs were already vacant.

However, at least eight job cuts involve real flesh-and-blood people. Curator positions

have been eliminated at Rye Marshlands, Cranberry Lake, Lenoir Preserve, Edith Read

and Trailside.

Three positions were cut from Muscoot Farm — farm manager, curator and

maintenance/utility worker.

County board Chairman Mike Kaplowitz, a Democrat whose district includes Somers,

said he has heard from several town officials who “are up in arms” over Muscoot.

“They’re getting calls from people in the area, saying, ‘How dare you do that? We love

Muscoot,’” he said.

Somers town Supervisor Rick Morrissey, a Republican like Astorino, said Monday that

Muscoot Farm was a “tremendous resource” for local residents and local businesses.

“The proposed cuts are extremely unfortunate,” he said. “The town is not in favor of

reducing programs at Muscoot, and I have urged the county executive to evaluate how

changes in staffing can be accomplished without loss of programs at the farm.”

What would Al DelBello say?

I put the question to Joseph D’Albora, a close friend of DelBello’s who served in his

informal “kitchen cabinet” and spoke at his memorial service in June.

D’Albora is 89 years old. When I reached him Monday, he had just returned from a

dedication of the Yonkers Waterfront Esplanade in honor of DelBello.

He couldn’t speak for DelBello, only for himself.

Muscoot Farm, he said, was a “huge county attraction, and I would rather pay a little

more in taxes than see it go downhill with loss of jobs and proper maintenance.”

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Page 93: Board of Legislators 800 Michaelian Office Bldg. White

“How would Al DelBello react to Muscoot Farm job cuts?”

December 7, 2015

Page | 6

D’Albora said he was aware of Astorino’s no-tax-increase pledge.

“But when it comes to important programs,” he added, “it might be better to have a good

quality of life.”

If Astorino doesn’t watch out, they will name a county facility after him some day. It will be

an empty office on the ninth floor of the County Office Building, which yes, was named

after Edwin Michaelian, another former county executive.

The empty office won’t have a telephone, or Wi-Fi service. It won’t have furniture.

It will serve no purpose.

But it will be named after him because it will cost the taxpayers nothing.

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Page 94: Board of Legislators 800 Michaelian Office Bldg. White

Tel: (914) 995-2821 • Fax: (914) 995-3884 • E-mail: [email protected]

MEMORANDUM

TO: Michael Kaplowitz, Chair, Board of Legislators

FROM: MaryJane Shimsky, Legislator – 12th

District

DATE: December 7, 2015

RE: Journal News: “A refugee crisis, and New York's soul”

Editorial

Please add the attached Journal News Editorial to the December 7th Agenda for referral to the

Infrastructure and Environment & Energy Committees.

MaryJane Shimsky

Legislator, 12th District Chair, Committee on Infrastructure Chair, Committee on Labor/Parks/Planning/Housing

Committee Assignments: Law Legislation Community Services

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Page 95: Board of Legislators 800 Michaelian Office Bldg. White

“A refugee crisis, and New York's soul”

December 7, 2015

Page | 2

Editorial: A refugee crisis, and New York's soul A Journal News editorial7:21 a.m. EST November 20, 2015

New Yorkers understand the threat of terrorism. We also know our history

demands we help refugees.

(Photo: JOSEPH EID, AFP/Getty Images)

107CONNECTTWEETLINKEDIN 49COMMENTEMAILMORE

The attacks around Paris shock us. They scare us. They break our hearts, because we

New Yorkers know the loss — and the terror — intimately.

The fallout of terror is often fear — that is intentional on the part of the terrorists, and

inevitable. Across the U.S., that fear has manifested itself in the pushback the Obama

administration has received over plans to allow more Syrian refugees to enter the United

States. The concerns are understandable, and not completely irrational.

But should we really consider banning Syrian refugees, who flee a civil war and seek

safety from the same terrorists we fight? That cannot be the answer for New York, the

embodiment of America’s history as a land of immigrants; the anchor for Horatio Alger’s

belief in the rags-to-riches story; the home of Lady Liberty and her welcoming beacon to

those yearning to be free.

As more than two dozen governors claiming they will refuse such people in their states,

Gov. Andrew Cuomo offered the idea that we can provide the “balance” of protecting

Americans without losing “our soul as America in the process.”

Cuomo, in a speech at Harvard, told government students there: “The day America says

‘Close the gate, build the wall,’ then I say take down the Statue of Liberty because you’ve

gone to a different place.”

More refugees

Indeed, New York has already welcomed 48 Syrian refugees this year, according to data

from the U.S. Department of State’s Bureau of Population, Refugees, and Migration. Last

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Page 96: Board of Legislators 800 Michaelian Office Bldg. White

“A refugee crisis, and New York's soul”

December 7, 2015

Page | 3

month, six of the 187 resettled Syrian refugees came to New York. From 2011 through

2015, just three Syrian refugees were relocated to the Empire State.

The U.S. has, for the past few years, accepted refugees fleeing terrorism’s threat in Syria

— and many from Iraq, Iran, Burma, Afghanistan and Somalia. The numbers, though, are

increasing amid a deluge of people fleeing.

President Obama has proposed that the U.S. accept 10,000 Syrian refugees in the

current 2016 fiscal year, which goes from Oct. 1, 2015 to Sept. 30, 2016. In that same

time period, the U.S. is set to accept 85,000 refugees from around the world, compared

to 70,000 that were taken in during the 2014 fiscal year, according to figures compiled by

our Washington correspondent Brian Tumulty.

Nonprofits around the state are working with the U.S. State Department to handle the

resettlement of refugees. Buffalo and New York City have the most organizations

involved.

Here, too

While no Lower Hudson Valley agencies are so far working with the resettlement

process, that does not mean our region would remain uninvolved. During last year’s

wave of Central American child refugees, Children's Village in Dobbs Ferry and Lincoln

Hall in Somers housed unaccompanied minors fleeing gang violence in El Salvador,

Honduras and Guatemala. Nearly 400 unaccompanied minors were also released to

guardians, often immediate or distant relatives, in Westchester and Rockland, according

to the U.S. Administration for Children and Families' Office of Refugee Resettlement.

In the shadow of Paris, the concern about security — who are the people coming here —

has taken center stage in the argument to shut out all Syrians. The State Department

says the vetting process for refugees, post-9/11, can take up to two years. Scrutiny of

refugees, though, can be flawed, especially when they are fleeing the chaos that now

engulfs Syria. Those critical of taking refugees point out that one of the slain terrorists in

Paris carried a Syrian passport. But others were homegrown.

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Page 97: Board of Legislators 800 Michaelian Office Bldg. White

“A refugee crisis, and New York's soul”

December 7, 2015

Page | 4

Buy Photo

Camille Joyandet, 20, a French citizen living in Croton, holds a sign as she attends a vigil for the victims of the

Paris terrorist attacks in Washington Square Park in Manhattan Nov.14, 2015. Camille, who has been in the United

States for three months, works as a baby sitter in Croton. She said she came to the vigil to show solidarity with her

countrymen. (Photo: Seth Harrison/The Journal News)

Banning refugees — who are fleeing ISIS, the same terrorists who killed so many in

Paris, on a Russian airliner and daily in Syria and other areas of the Middle East and

North Africa — will not inoculate us from terrorism. Tragically, that’s a lesson we have

learned, in New York and elsewhere.

We can show compassion, and common sense, and live up to America’s, and New

York's promise.

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Page 98: Board of Legislators 800 Michaelian Office Bldg. White

Tel: (914) 995-2821 • Fax: (914) 995-3884 • E-mail: [email protected]

MEMORANDUM

TO: Michael Kaplowitz, Chair, Board of Legislators

FROM: MaryJane Shimsky, Legislator – 12th

District

DATE: December 7, 2015

RE: NY Times: “Black Friday Falters as Consumer Behaviors Change” By Hiroko Tabuchi And Nelson D. Schwartz

Please add the attached New York Times article to the December 7th Agenda for referral to the

Budget & Appropriations Committee.

MaryJane Shimsky

Legislator, 12th District Chair, Committee on Infrastructure Chair, Committee on Labor/Parks/Planning/Housing

Committee Assignments: Law Legislation Community Services

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Page 99: Board of Legislators 800 Michaelian Office Bldg. White

“Black Friday Falters as Consumer Behaviors Change”

December 7, 2015

Page | 2

Black Friday Falters as Consumer Behaviors Change

By HIROKO TABUCHI and NELSON D. SCHWARTZNOV. 25, 2015

President Franklin D. Roosevelt moved Thanksgiving up one week for retailers. CreditAssociated Press

In 1939, the nation’s largest retailers sent Franklin D. Roosevelt an urgent plea. Thanksgiving fell on the last day of November that year, giving merchants too few days before Christmas to unleash the season’s

The holiday might be a time-honored tradition, but wouldn’t Mr. Roosevelt consider moving the day up by a week?

The president’s acquiescence to retailers helped cement the pre-eminence of the post-Thanksgiving sales rush, now known as Black Friday. The day became an annual ritual, a family affair — a shopping orgy that delivered big profits for retailers, as well as a lift to the entire economy.

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Page 100: Board of Legislators 800 Michaelian Office Bldg. White

“Black Friday Falters as Consumer Behaviors Change”

December 7, 2015

Page | 3

Seven decades later, Black Friday has lost its distinctive edge. Tens of millions of Americans will still hit the malls this Friday. But the relentless race for holiday dollars has blunted the day’s oomph, as stores offer deep discounts weeks before Thanksgiving and year-round deals in stores and online are causing sales fatigue. Some fed-up shoppers cheered this year when the outdoors retailer, REI, declared it was opting out of Black Friday sales altogether.

Shopping Fatigue Retail sales on Cyber Monday have risen, but not nearly enough to offset the overall declines in Black Friday sales over the last couple of years.

On the eve of yet another Thanksgiving weekend, retail experts and economists are asking the question: Is Black Friday over?

“It definitely matters so much less than it’s mattered in the past,” said John J. Canally, chief economic strategist at LPL Research. “The last couple of years, ‘Black Friday disappoints’ has been the usual story.”

But contrary to doom-and-gloom predictions this holiday season, dwindling sales for the long Thanksgiving weekend (which now begins Thursday afternoon) do not necessarily signal a cautious consumer. Americans are generally spending just as much of their hard-earned dollars as in the past.

Overall consumer spending since the beginning of 2014 has risen at a rate of 3 percent after lackluster gains in 2012 and 2013, and most stores achieve decent profits, on an earnings per share basis, during

Shopping in Lower Manhattan a week before Thanksgiving. CreditSpencer Platt/Getty Images

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Page 101: Board of Legislators 800 Michaelian Office Bldg. White

“Black Friday Falters as Consumer Behaviors Change”

December 7, 2015

Page | 4

The decline of Black Friday instead points to a shift in the way consumers spend their money.

“They’re online,” Mr. Canally said. “And they’re spending more on experiences. A day at the spa, a baseball game, the ballet — rather than a sweater or a pair of socks that no one wants.”

As a result, retailers rang up $51 billion on the day after Thanksgiving last year, down from a peak of almost $60 billion in 2012, according to the San Diego-based private equity firm LPL Research, which crunched data from the National Retail Federation and comScore.

The history of Black Friday tracks the history of modern American retailing, and of personal consumption in the United States, which makes up a bigger part of the economy than in almost any other industrialized country.

Holiday decorations on Fifth Avenue in New York. Americans still spend for the holidays, but do more of it online than in the past.CreditJewel Samad/Agence France-Presse — Getty Images Consumer spending’s share of total economic output grew substantially in the 1980s, 1990s and 2000s. And shopping became almost a 24/7 activity.

Holiday sales begin earlier and earlier. A Sears ad from 1983 advertises an 8 a.m. Friday opening. By the late 1980s, national retailers were offering dawn “doorbuster” deals.

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Page 102: Board of Legislators 800 Michaelian Office Bldg. White

“Black Friday Falters as Consumer Behaviors Change”

December 7, 2015

Page | 5

That discounting escalated by leaps and bounds in the dismal years after the housing boom collapsed and Lehman Brothers’ failure ushered in a global financial panic. Sales that had generally been confined to two times a year multiplied.

Target now offers 10 days of deals leading up to Black Friday. Old Navy will stay open for 32 consecutive hours, starting at 4 p.m. Thanksgiving Day.

A Home Depot in Miami. Consumers are spending more on home décor than apparel, a change from retail expectations. CreditJoe Raedle/Getty Images But Paul Arnhold is not interested. On Black Friday, he plans to spend the morning solo cycling — followed by time with his wife, Shana Arnhold, and their 3-year-old son. Several Black Fridays ago, he trekked with his wife to a packed furniture store for a deal on a digital photo frame — only to find the store had long sold out of the item.

This year, the Arnholds, who live in Lenexa, Kan., in the Kansas City metropolitan area, are spreading out their Christmas shopping, grabbing Royals commemorative gear in post-World Series sales, and scouring e-commerce sites like Etsy for handmade gifts.

A lot of their spending has also gone into their new home, which they bought in May. They have refinished the hardwood floors, and hired a carpenter to build cabinets and shelves and touch up their fireplace.

“Waiting in lines forever and other crazy things just makes you think: Is it worth it?” said Mr. Arnhold, 35, who works in customer marketing at Lexmark, the software and printer company. “The last place I want to be this weekend is in a store.”

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Page 103: Board of Legislators 800 Michaelian Office Bldg. White

“Black Friday Falters as Consumer Behaviors Change”

December 7, 2015

Page | 6

On Black Friday last year, a man caught some sleep at the Beverly Center mall in Los Angeles. CreditKendrick Brinson for The New York Times Some of Mr. Arnhold’s spending patterns are mirrored in recent retail data. Spending on autos, home furnishings, sports and hobbies, and eating out grew much faster than spending on clothing, accessories or electronics.

Shifts in spending and behavior have kept many stores discounting heavily to pique shoppers’ interest, hurting retailers’ profit margins. And this year, there were fresh worries among fashion retailers and department stores as unseasonably warm weather hurt sales of winter coats and boots.

Awash with merchandise after missing sales targets, Nordstrom and Macy’s said this month that they would mark down items even more aggressively this holiday season.

But even as some individual chains suffer, economists and investment strategists insist the overall outlook for the holiday season remains robust.

Philip J. Orlando, chief equity strategist at Federated Investors, said he saw enormous pent-up demand, for example, for home furnishings at retailers like Home Depot or Lowe’s.

These days, with the Great Recession finally starting to become a distant memory, younger consumers, Mr. Orlando said, have “finally gotten jobs, they’re getting their first homes and they want to fix it up rather than buying sweaters.”

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Page 104: Board of Legislators 800 Michaelian Office Bldg. White

“Black Friday Falters as Consumer Behaviors Change”

December 7, 2015

Page | 7

“We fully respect the fact that Macy’s and Nordstrom put out atrocious numbers,” he said. “But we’re going to see a better Christmas than these missed numbers suggest. This doesn’t sound the death knell for the consumer.”

Chris G. Christopher Jr., an economist at IHS, a research firm which tracks the economy, said he was looking for retail sales this holiday season to be up by about 3.5 percent from last year’s levels. While that isn’t as strong as the 4.1 percent gain recorded in 2014, it is still well above the 2.7 percent advance seen in 2012 and 2013.

An Amazon fulfillment center in Tracy, Calif., ready for a rush of online buying.CreditNoah Berger/Reuters

Mr. Christopher also estimates that digital shopping will rise by 11.7 percent this year, lifting the overall proportion of online sales to 14.7 percent of total retail activity, or $1 out of every $7 that consumers lay out this holiday season.

That’s not great news for brick-and-mortar retailers (though more and more are expanding their presence online), and could make lining up for Black Friday sales feel pointless, even quaint. But online sales also drive economic growth.

While wages have stagnated and the recovery over the last six years has fallen short of past trends, consumer spending still represents nearly 70 percent of economic activity.

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“Black Friday Falters as Consumer Behaviors Change”

December 7, 2015

Page | 8

And with businesses hesitant to invest heavily in new capacity, federal spending delayed, and sectors like construction and home building flattened after the recession, shoppers picked up much of the slack in the last few years.

Michael Gapen, chief United States economist at Barclays, cites the drop in energy prices this year, along with solid hiring and healthier household balance sheets, to explain why consumers not only have more to spend, but will feel more confident doing so.

“It would be a surprise if retail sales during the holiday season were soft,” he said.

And even traditional retailers aren’t giving up hope. Gerald L. Storch, chief executive of the Hudson’s Bay Company, which owns Saks Fifth Avenue and Lord & Taylor, struck a positive tone on the evolving consumer. The shifts in spending were cyclical, he said.

“Cars instead of clothes, the Internet suddenly reaching a tipping point — I’ve heard every theory imaginable,” Mr. Storch said. “But Christmas always comes, and people have to shop. They will be back.”

A version of this article appears in print on November 26, 2015, on page B1 of the New York edition with the headline: The Graying Out of Black Friday.

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Page 113: Board of Legislators 800 Michaelian Office Bldg. White

Kenneth W. Jenkins

Legislator, 16th District Chair, Federal & State Affairs

Tel: (914) 995-2829• Fax: (914) 995-3884• E-mail: [email protected]

MEMORANDUM

December 2nd

, 2015

TO: All Legislators

FROM: Kenneth W. Jenkins

Legislator

RE: Communication E&E - Amendment Will Remove Ban on EV Charging Stations at

Federal Facilities - www.insideeves.com

Sincerely yours,

Kenneth W. Jenkins

Chairman

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http://insideevs.com/amendment-will-remove-ban-ev-charging-stations-federal-facilities/

Amendment Will Remove Ban on EV

Charging Stations at Federal Facilities

An amendment, modeled after the EV-COMUTE Act, that would allow the General Services

Administration (GSA) to construct, install, and operate electric vehicle (EV) charging stations for

private vehicle use at federal facilities at no cost to taxpayers was adopted by the US House of

Representatives on November 3, 2015.

Federal agencies currently have no authority to install and operate EV charging stations, so federal

employees and contractors are unable to charge their vehicles while at work.

The amendment to the Surface Transportation Reauthorization & Reform Act of 2015 was

sponsored by Congressman Thomas Massie (R-KY), Congresswoman Zoe Lofgren (D-CA), and

Congresswoman Anna Eshoo (D-CA). Congressman Massie modeled the amendment after the

EV-COMUTE Act (H.R. 3509) of 2014 written by Congresswoman Lofgren. The amendment

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added language to the original bill that will give jurisdiction to the GSA for the installation and

operation of the charging stations at Federal facilities.

“In 2012, Congress passed legislation to allow electric vehicle recharging at the U.S. Capitol for

congressmen and their staff for a fee, but neglected to extend this authority to other federal

agencies and employees. Our amendment would correct this disparity,” said Rep. Massie, who

serves on both the House Transportation and Infrastructure Committee and the Science, Space, and

Technology Committee.

Will give Federal employees more options in their commute.

“I first learned of this issue after a constituent wrote me a letter last year,” said Rep. Lofgren, who

introduced the EV-COMUTE Act that served as template for this amendment. “In it, he said he

was ‘surprised and dismayed’ that it is illegal for federal facilities to provide electric vehicle

charging stations for the public or their employees, even at no cost to taxpayers. My family has

an electric car and I know they are an important part of improving efficiency and reducing our

dependence on fossil fuels . As this amendment was adopted on the House floor today, it served

as a powerful reminder of the role citizens play in generating new ideas and legislation.”

“In my personal and public life, I consistently support an all-of-the-above energy strategy for the

United States,” concluded Rep. Massie, an MIT graduate who drives a Tesla electric car daily

in Washington, D.C. “I’m proud to sponsor this amendment because it will expand transportation

options for many Americans at no cost to taxpayers.”

The House is expected to vote later this week on the Surface Transportation bill, H. R. 3763.

Eshoo, who also introduced the original EV-COMUTE legislation said, “As the nation’s largest

employer, the federal government should lead by example in offering workplace charging. Silicon

Valley is home to thousands of electric vehicle owners, yet the more than 5,000 federal employees

in my congressional district have no access to charging facilities at work because of a quirk in

existing law.”

UPDATE: The Surface Transportation Reauthorization & Reform Act passed the House and is

now headed to conference with the Senate. Congress faces a November 20th deadline to prevent a

gap in highway funding.

About the author: Lanny Hartmann runs PlugInSites.org, a website that delivers news about

electric car charging stations in DC, Maryland, Virginia & beyond. We encourage readers in the

area to check it out!

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Page 116: Board of Legislators 800 Michaelian Office Bldg. White

Kenneth W. Jenkins

Legislator, 16th District Chair, Federal & State Affairs

Tel: (914) 995-2829• Fax: (914) 995-3884• E-mail: [email protected]

MEMORANDUM

December 2nd

, 2015

TO: All Legislators

FROM: Kenneth W. Jenkins

Legislator

RE: Communication Housing - HUD Homes at Half Price - The New York Times

Sincerely yours,

Kenneth W. Jenkins

Chairman

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HUD Homes at Half Price

The New York Times

A little-known program sponsored by the Department of Housing and Urban Developmentallows police officers, teachers, firefighters and emergency medical technicians to buycertain homes for half price. But financing these purchases comes with some stringsattached.

Called Good Neighbor Next Door, this program deeply discounts foreclosure properties inareas designated as in need of revitalization. The homes are owned by HUD and firstoffered only to full-time educators and emergency responders who serve these areas. Inreturn, the workers must agree to live in the home for at least three years.

To be eligible, buyers may not own any other residential property or have owned a homewithin the previous year.

Although the home price is halved, buyers must still be able to qualify for a loan equal tothe full price, said John Zubretsky Jr., the owner-broker of Weichert Realtors, theZubretsky Group in Wethersfield, Conn. The mortgage amount, though, will be only forthe discounted price, said Mr. Zubretsky, a specialist in HUD properties.

But in order to make the buyers accountable for the three-year commitment, HUD alsorequires that they sign a “silent second” mortgage for the amount that the property wasdiscounted. No interest or payments are required on this mortgage as long as the buyer

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MortgagesNews and analysis about

lives in the home for at least 36 months.

“That second note gets ripped up after three years,” said Kevin Kelly, a local listing brokerfor HUD homes in the Buffalo area. Mr. Kelly noted that HUD does have methods forchecking on the residency requirement and has prosecuted buyers who knowinglyviolated that rule.

Buyers may notify HUD if and when they want to move out before the three years are up,but they must repay the agency for the discounted amount on a prorated basis based onhow long they lived there.

Buyers can search for eligible properties in their area at hudhomestore.com. But thelistings can be sparse. For example, earlier this month, just two properties were listed forthe entire state of New York. One was a three-bedroom ranch in Niagara Falls for $27,000;the other was a two-bedroom ranch in Syracuse, also for $27,000.

The listings don’t come along very often, brokers say. When they do, they are offeredunder the program for a limited time. If there are multiple buyers for a property, the winneris chosen at random by lottery, Mr. Kelly said. If there are no buyers, the property isoffered at full price to any buyer who intends to be an owner-occupant.

HUD notes on its website that buyers interested in properties that need renovation shouldapply for what is called a 203(k) renovation mortgage through the Federal HousingAdministration. Under that program, the price of the home and the estimated cost ofrenovations are combined into a single mortgage. Warren Foley, an agent who specializesin HUD listings in the St. Petersburg, Fla., area, said he thinks the program is “aphenomenal opportunity” for first-time buyers. But although he said he has receivedinquiries about it and tells potential candidates about it, his buyers haven’t followedthrough, usually because of concern about the safety of the neighborhood or the qualityof the schools.

“It’s never been a huge program,” since it is limited to certain areas, said Brian Sullivan, aHUD spokesman. Also, the numbers of listings have dwindled in recent years as HUD’sstock of foreclosure properties has declined, he said.

In the 2015 fiscal year ending Sept. 30, 262 homes sold under the Good Neighborprogram, according to HUD. That was about half as many as last year, and about a third ofthe volume in 2013.

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mortgages and homefinancing.

Millennials Investing in Rental PropertiesFor all the talk about millennials’ being slow to move towardhomeownership, some young adults are drawn to real estate as aninvestment opportunity.

Cashing in on Home EquityRising home prices are raising equity levels, and homeowners are cashing inon these gains.

Turning Renters Into BuyersThe upward trajectory of rents in many metropolitan areas, which shows nosign of abating, often makes homeownership the better deal. But rentersstill aren’t rushing to buy.

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