MINUTES
COUNTY BOARD OF LEGISLATORS

OCTOBER 22, 2007 (7:00 P.M.)

The County Board of Legislators met pursuant to adjournment.

The Honorable William J. Ryan in the Chair.

The Chair opened the meeting at 7:05 p.m. with the salute to our flag and an invocation.

The roll call resulted as follows:

Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 17

Mr. Rogowsky moved that the minutes of October 9, 2007 (Regular Meeting) be approved – Carried.

Mr. Ryan then introduced the special program celebrating Italian Heritage and Culture Month which concluded at 8:07 p.m. There was a brief recess until 8:22 p.m. when the regular order of business resumed.

Mr. Rogowsky moved to suspend the regular order of business for the purpose of holding one public hearing.– Carried.

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

COMMITTEE ON LEGISLATION: Home Improvement Businesses: LOCAL LAW INTRO. 18-2007: Local Law amending the Laws of Westchester County in relation to the seizure of vehicles and tools used in connection with the unlicensed operation of a home improvement business.

There were two speakers.

No other person wishing to be heard, Mr. Rogowsky declared the Public Hearing closed.

UNFINISHED BUSINESS:

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Airport Special Revenue Fund: ACT 194-2007: An Act amending the 2007 Airport Special Revenue Budget in the amount of $3,300,000.

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

AYE: Legislators: Rogowsky, Oros, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 16

NAY: None

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

COMMUNICATION: COUNTY EXECUTIVE: IMA: Proposed Act authorizing the County, acting by and through its Department of Emergency Services, to enter into Intermunicipal Agreements with one or more of the municipalities located in Westchester County wherein the County will distribute to the municipalities specialized equipment was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Safety and Security.

COMMUNICATION: COUNTY EXECUTIVE: IMA: Proposed Act authorizing the County to enter into an Intermunicipal Agreement with the Town of North Salem whereby the town shall operate, maintain and improve the existing facilities of the Camp Hemlock area of Mountain Lakes Park in exchange for permission for the Town to utilize the site for a summer camp was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: COUNTY EXECUTIVE: Bond Act: Proposed Act authorizing the issuance of bonds in the total amount of $995,000 to finance Capital Project B0034 – White Plains Complex, HVAC Equipment Reinforcement was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: COUNTY EXECUTIVE: IMA: Proposed Act authorizing the County, acting by and through its Department of Emergency Services, to enter into Intermunicipal Agreements with one or more Westchester municipalities whereby the municipality will use and operate one or more of the County’s specialized trailers to assist the County’s emergency response efforts by providing deployment and support services during a disaster was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Safety and Security.

COMMUNICATION: COUNTY EXECUTIVE: IMA-Step Up! Program: Proposed Act authorizing the County to enter into an IMA with the City of Mount Vernon, Youth Bureau to operate the Step Up! Program for the period September 1, 2007 through December 31, 2007 in an amount not to exceed $20,000 was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Generational, Cultural and Ethnic Diversity.

COMMUNICATION: COUNTY EXECUTIVE: Transfer of Property: Proposed Act authorizing the County to transfer approximately 125 acres of the Hilltop Hanover Farm property to the care and custody of the Department of Parks, Recreation and Conservation and formally dedicate this 125 acre parcel as parkland was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: COUNTY EXECUTIVE: IMA-Mt. Vernon: Proposed Act authorizing the County to enter into an eighteen month IMA with the City of Mt. Vernon for the provision of a juvenile violent crime reduction program was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Safety and Security.

COMMUNICATION: COUNTY EXECUTIVE: IMA-Peekskill: Proposed Act authorizing the county to enter into an IMA with the City of Peekskill in order to provide reimbursement for prisoner transportation to the Westchester County Jail was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Safety and Security.

COMMUNICATION: COUNTY EXECUTIVE: WCHCC Agreement: Proposed Act authorizing the County to enter into an agreement with WCHCC whereby WCHCC shall provide professional hospital services in connection with x-ray services for Westchester County Health Department TB clinic patients was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Family, Health and Human Services.

COMMUNICATION: HON. MARTIN ROGOWSKY: Parking at Playland: Forwarding a proposed Resolution supporting preferential parking at Rye Playland for owners of hybrid cars was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Public Works, Transportation, Labor and Parks and the Committee on Environment and Energy.

COMMUNICATION: COUNTY ATTORNEY: Indian Point Relicensing: Proposed Act authorizing the County Attorney to file an amicus curae brief in a proceeding before the United States Regulatory Commission opposing the relicensing of the Indian Point nuclear power generating reactors in Buchanan, New York was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Environment and Energy.

COMMUNICATION: HON. SUZANNE SWANSON: Sewer District Modification: Forwarding a request from the Town of Mt. Pleasant for the removal of one parcel from the Saw Mill Sewer District (40 Stephenson Drive, Briarcliff Manor) was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: HON. SUZANNE SWANSON: Acceptable Identification: Forwarding her memo to the Chair of the Legislation Committee requesting legislation be created to clarify acceptable identification for Westchester County Government purposes was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Legislation.

COMMUNICATION: HON. THOMAS ABINANTI: Job Sharing: Forwarding a proposed Act establishing a Job Sharing Program for Westchester County was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Housing, Planning & Government Operations and the Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: HON. URSULA LA MOTTE: County Parks: Forwarding constituent correspondence requesting free lifetime access to the National Parks for Veterans was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Public Works, Transportation, Labor and Parks.

COMMUNICATION: HON. URSULA LA MOTTE: Nurses’ Contract: Forwarding information from the President and CEO of Westchester Medical Center with regard to negotiations with the New York State Nurses’ Association union leadership was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations and the Committee on Public Works, Transportation, Labor and Parks.

COMMITTEE ON BUDGET & APPROPRIATIONS: Negative Declaration: RES 195-2007: Resolution declaring that there will be no significant impact on the environment upon the conveyance of certain County-owned property along the New York State Thruway/I-87 to the New York State Thruway Authority.

Mr. Kaplowitz presented the following report and Resolution and moved that the report be received, filed and approved and the Resolution adopted, which motion was carried by the following vote:

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 17

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS: Conveyance of Property: ACT 205-2007: An Act authorizing the conveyance of a County-owned parcel to the New York State Thruway Authority.

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

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 17

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS: Surplus Property: ACT 206-2007: An Act determining that an approximate 0.56 acres of County owned real property located along Flandreau Avenue between Webster Avenue and Clove Road in the City of New Rochelle is surplus property.

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

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 17

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act: (BOND) ACT 207-2007: An Act authorizing the issuance of $900,000 in bonds to finance Capital Project RGIP9-General Infrastructure - Paving and Resurfacing.

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

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 17

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Capital Budget Amendment: ACT 208-2007: An Act amending the County 2007 Capital Budget by increasing the appropriations for Capital Project P0018 by $2,200,000.

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

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 17

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Bond Act Amendment: (BOND) ACT 209-2007: Bond Act amendment in the amount of $2,200,000 to finance Capital Project P0018 – Bronx River Parkway at Crane Road over Bronx and Railroad, Greenburgh and Scarsdale.

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

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 17

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS: Memorandum of Agreement (MOA): ACT 210-2007: An Act authorizing the County to enter into an MOA with the City of Yonkers and the Counties of Ulster, Sullivan and Orange for the purpose of establishing a strategic partnership to address workforce issues targeted to individuals who lack English language proficiency skills.

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

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 17

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON HOUSING, PLANNING & GOVERNMENT OPERATIONS: Mount Airy Road Affordable Housing Development-Purchase & Conveyance of Property: ACT 211-2007: An Act authorizing the county to purchase and subsequently convey approximately 4.089 acres of real property in the Village of Croton-on-Hudson for the purpose of providing 11 affordable rental units for persons aged 55 and older that will remain affordable for a minimum of 50 years.

Mr. Kaplowitz, Ms. Bronz and Mr. Burton presented the following report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote:

AYE: Legislators: Rogowsky, Abinanti, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 16

NAY: Legislator: Oros - 1

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON HOUSING, PLANNING & GOVERNMENT OPERATIONS: Mount Airy Road Affordable Housing Development-NHLA Bond Act: (BOND) ACT 212-2007: An Act authorizing the issuance of $408,000 in bonds to finance Capital Project BPL10 – New Homes Land Acquisition (NHLA).

Mr. Kaplowitz, Ms. Bronz and Mr. Burton presented the following report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote:

AYE: Legislators: Rogowsky, Abinanti, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 16

NAY: Legislator: Oros - 1

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON HOUSING, PLANNING & GOVERNMENT OPERATIONS: Mount Airy Road Affordable Housing Development-IMA: ACT 213-2007: An Act authorizing the County to enter into an IMA with the Village of Croton-on-Hudson for the provision of funds to provide public improvements associated with the development of a Housing Implementation Fund project known as 15-25 Mount Airy Road.

Mr. Kaplowitz, Ms. Bronz, and Mr. Burton presented the following report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote:

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 17

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON HOUSING, PLANNING & GOVERNMENT OPERATIONS: Mount Airy Road Affordable Housing Development-HIF Bond Act: (BOND) ACT 214-2007: An Act authorizing the issuance of $383,000 in bonds to finance Capital Project BPL01 – Housing Implementation Fund (HIF).

Mr. Kaplowitz, Ms. Bronz and Mr. Burton presented the following report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote:

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 17

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS: Agreement Amendment: ACT 215-2007: An Act increasing the “not to exceed” amount in the Agreement between Epstein, Becker and Greene and the County for legal representation in an “of counsel” capacity to the Westchester County Attorney in the lawsuit entitled United States of America, ex rel, Anti Discrimination Center of Metro New York, Inc. v. Westchester County, New York and authorizing the County to pay the designated counsel for legal services rendered in connection with the action.

This report and Act was laid “OVER” under the rules by Mr. Abinanti.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON FAMILY, HEALTH & HUMAN SERVICES: IMA-Tuckahoe Union Free School District : ACT 216-2007: An Act authorizing the County to enter into an IMA with the Tuckahoe Union Free School District in order to provide reimbursement for a Parent/Child Services Program.

Ms. Myers and Mr. Pinto presented the following report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote:

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 17

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS: 2008 County Budget: RES 196-2007: Setting the Public Hearing on the Proposed 2008 Westchester County Budget for Wednesday, December 5, 2007 at 7:00 p.m. in the Chambers of the Board of Legislators.

Mr. Kaplowitz presented the following report and Resolution and moved that the report be received, filed and approved and the Resolution adopted, which motion was carried by the following vote:

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 17

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS: 2008 County Budget: RES 197-2007: Adopting certain rules for the conduct of the public hearing concerning the proposed 2008 County Budget.

Mr. Kaplowitz presented the following report and Resolution and moved that the report be received, filed and approved and the Resolution adopted, which motion was carried by the following vote:

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 17

NAY: None

COMMITTEE ON BUDGET & APPROPRIATIONS: 2008 County Budget: RES 198-2007: Suspending Rules 9 and 11 of the Board of Legislators solely and exclusively with regard to the 2008 proposed Westchester County Budget.

Mr. Kaplowitz presented the following report and Resolution and moved that the report be received, filed and approved and the Resolution adopted, which motion was carried by the following vote:

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 17

NAY: None

COMMITTEE ON LEGISLATION: Home Improvement Businesses: LOCAL LAW INTRO. 18-2007: A Local Law amending the Laws of Westchester County in relation to the seizure of vehicles and tools used in connection with the unlicensed operation of a home improvement business.

Mr. Pinto presented the following report and Local Law and moved that the report be received, filed and approved and the Local Law adopted, which motion was carried by the following vote:

AYE: Legislators: Rogowsky, Oros, Abinanti, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Swanson, Young, Chair – 17

NAY: None

MOTIONS, RESOLUTIONS & CALL OF THE DISTRICTS:

Memorial Resolutions: RES 199-2007:

Mrs. Swanson: Patricia Downey Gibbons, Benjamin I. French, Jr., Robert H. Morrow

Mr. Maisano, Mr. Pinto, and All Legislators: Teresa Brewer

Mrs. LaMotte: William Jordan, Bernard Pierre Brouder, Wendy W. Talbot

Mr. Kaplowitz: Francois d’Heurle

Ms. Spreckman: Albert D. D’Anna

Mr. Pinto: Anthony Dicintio

Mr. Alvarado: Adrianne Coldero-Padilla

Mr. Oros: Rita Theresa Roche

On MOTION of Legislator Rogowsky, 6th District, the Board adjourns at 9:25 p.m. to meet on November 13, 2007 at 7 p.m.