MINUTES
COUNTY BOARD OF LEGISLATORS

NOVEMBER 26, 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, Alvarado, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Myers, Pinto, Spreckman, Young, Chair – 13

Mr. Maisano arrived at 7:07 p.m.
Mr. Abinanti arrived at 7:10 p.m.

Mr. Rogowsky moved that the minutes of the November 13, 2007 (Regular Meeting) be approved – Carried.

COMMUNICATION:  COUNTY EXECUTIVE:  2008 County Operating Budget:  Forwarding the Proposed County Operating Budget for 2008 was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION:  COUNTY EXECUTIVE:  2008 Special Revenue Districts Budget:  Forwarding the 2008 Proposed County Operating Budgets for Westchester’s Special Revenue Districts was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Budget and Appropriations.

COMMUNICATION:  COUNTY EXECUTIVE:  Council for Seniors:  Appointing Sister Geraldine A. Kennedy, O.S.U., Esq., as a member of the Westchester County Council for Seniors representing the 14th Legislative District was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Appointments.

COMMUNICATION:  COUNTY EXECUTIVE:  Bond Act-RiverWalk Park Project:  Proposed Act authorizing the issuance of up to $3,500,000 in bonds to finance the cost of Capital Project BLA01-Parkland Acquisition/Westchester Legacy Program 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:  Agreement-RiverWalk Park Project:  Proposed Act authorizing the County to enter into an agreement with the Village of Tarrytown for the construction, use and maintenance of Phase I of the Scenic Hudson RiverWalk Park Project in the Village of Tarrytown and the transfer of a portion of County Road CR15 to the Village 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:  WCHCC Agreement:  Proposed Act authorizing the County of Westchester to enter into an agreement with WCHCC for comprehensive health care services to the inmates at the County’s Department of Correction 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:  HON. LOIS BRONZ:  NYS Vehicle and Traffic Law:  Forwarding a copy of two Dutchess County Resolutions with regard to the New York State Vehicle and Traffic Law on the motion of Mr. Rogowsky received, filed and referred to the Committee on Public Safety and Security.

COMMUNICATION:  HON. LOIS BRONZ:  Airport:  Forwarding a Village of Sleepy Hollow Resolution with regard to the FAA’s new flight plans over Westchester County Airport 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:  HON. LOIS BRONZ:  Housing:  Forwarding correspondence from the Westchester Independent Living Center, Inc. with regard to the need for housing for those households at or below 50% of median income and people with disabilities was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Housing, Planning & Government Operations.

HON. MICHAEL KAPLOWITZ:  East of Hudson/Water Quality Investment Program Funds:  Forwarding a packet of information from the Town of New Castle with regard to the Northern Westchester Watershed Committee’s request for allocation of East of Hudson/Water Quality Investment Program Funds was on the motion of Mr. Rogowsky received, filed and referred to the Committee on Environment and Energy.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS:  Bond Act:  (BOND) ACT 231-2007:  An Act authorizing the County to issue $2,800,000 in bonds for Capital Project RML02-Mountain Lakes Infrastructure – Camp Morty.

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, Alvarado, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON GENERATIONAL, CULTURAL & ETHNIC DIVERSITY:  Resource Allocation Plan:  ACT 232-2007:  An Act authorizing the County of Westchester to execute and submit to the State of New York a Resource Allocation Plan which will provide state reimbursement for certain youth services programs.

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, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON FAMILY HEALTH & HUMAN SERVICES:  Budget Transfer:  ACT 233-2007:  An Act amending the 2007 County Operating Budget in the amount of $540,815.50.

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, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS:  Bond Act:  (BOND) ACT 234-2007:  An Act authorizing the County to issue bonds in the amount of $995,000 to finance Capital Project B0034-White Plains Complex – HVAC Equipment Reinforcement.

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, Alvarado, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS:  Bond Act:  (BOND) ACT 235-2007:  An Act authorizing the issuance of $1,130,000 in bonds to finance Capital Project RB2MM – Gallows Hill Road over Hollow Brook, Cortlandt.

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, Alvarado, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS:  Bond Act:  (BOND) ACT 236-2007:  An Act authorizing the issuance of $1,200,000 in bonds to finance Capital Project RB095 – Ardsley Road.

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, Alvarado, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS:  Bond Act:  (BOND) ACT 237-2007:  An Act authorizing the issuance of $550,000 in bonds to finance Capital project BSS10 – Infrastructure Improvements to Shelter Facilities.

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, Alvarado, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

RES 202-2007:  Resolution setting a Public Hearing on a proposed Local Law amending the Laws of Westchester County in relation to requiring chain food establishments to display calorie content value for menu items.  [Public Hearing set for November 26, 2007; at 7:30 p.m.:  LOCAL LAW INTRO. 19-2007]

COMMITTEE ON BUDGET & APPROPRIATIONS:  Transition Agreement-Fifth Amendment:  Setting of Public Hearing:  RES 204-2007:  A Resolution setting a Public Hearing on a proposed Local Law authorizing the County to enter into a Fifth Amendment to the Transition agreement with WCHCC to extend the term of the agreement for a period of one year and establish the amount of County credit support in 2008 at $70,000,000, plus any unpaid interest  [Public Hearing set for December 10, 2007; at 10:30 a.m.; LOCAL LAW INTRO.20-2007]

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, Alvarado, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON BUDGET & APPROPRIATIONS:  Reimbursement for Medical and Dental Care of Inmates-Setting of Public Hearing:  RES 205-2007:  A Resolution setting a Public Hearing on a proposed Local Law adding a new section 273.371 to Chapter 273 of the Laws of Westchester County entitled “Reimbursement for Medical and Dental Care of Inmates”.  [Public Hearing set for December 10, 2007; at 10:30 a.m.; LOCAL LAW INTRO. 21-2007]

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, Alvarado, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON BUDGET & APPROPRIATIONS: Budget Amendment:  ACT 238-2007:  An Act amending the 2007 County Operating Budget in the amount of $40,050,099.

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, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON BUDGET & APPROPRIATIONS:  Mortgage Tax Receipts:  ACT 239-2007:  An Act authorizing the Commissioner of the Westchester County Department of finance to pay Mortgage Tax Receipts to Cities, Towns and Villages.

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, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON LEGISLATION & THE COMMITTEE ON ENVIRONMENT AND ENERGY:  County Sales and Use Tax Exemption:  ACT 240-2007:  An Act amending the Westchester County Sales and Compensating Use Tax to exempt the sale and installation of residential solar energy systems equipment from sales and compensating use taxes.

Mr. Abinanti requested that this item be taken out of order inasmuch as it had been amended to include the last paragraph which indicated that it is a Type II action and does not require a negative declaration.  Inasmuch as there was no objection, the Chairman approved this request.

Mr. Abinanti 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, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON LEGISLATION & THE COMMITTEE ON ENVIRONMENT AND ENERGY:  Negative Declaration:  RES________-2007:  Resolution declaring that there will be no adverse impact on the environment from the Act exempting residential solar energy systems equipment from local sales and use taxes in order to encourage the installation of such systems.

On the MOTION of Mr. Burton, the following item was recommitted

COMMITTEE ON LEGISLATION:  Human Rights Commission-Setting of Public Hearing:  RES 206-2007:  Resolution setting a Public Hearing on a proposed Local Law amending the Laws of Westchester County to expand the jurisdiction of the Westchester County Human Rights Commission[Public Hearing set for December 10, 2007; at 10:30 a.m.; LOCAL LAW INTRO. 22 2007]

Mr. Pinto 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, Alvarado, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON APPOINTMENTS:  Award for Distinguished Service:  RES 207-2007:  Resolution bestowing the Westchester County Board of Legislators Award for Distinguished Service on the Honorable Ursula G. LaMotte.

Mr. Oros 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, Alvarado, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON APPOINTMENTS:  Award for Distinguished Service:  RES 208-2007:  Resolution bestowing the Westchester County Board of Legislators Award for Distinguished Service on the Honorable Suzanne R. Swanson.

Mr. Oros 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, Alvarado, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON APPOINTMENTS:  Award for Distinguished Service:  RES 209 2007:  Resolution bestowing the Westchester County Board of Legislators Award for Distinguished Service on the Honorable Clinton I. Young, Jr.

Mr. Oros 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, Alvarado, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON APPOINTMENTS:  Commissioner of Environmental Facilities:  RES 210-2007:  Resolution appointing Thomas J. Lauro as the Commissioner of the Department of Environmental Facilities.

Mr. Oros 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, Alvarado, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON APPOINTMENTS:  Domestic Violence Council:  RES 211-2007:  Resolution reappointing Robin J. Bauer as a Town Representative member of the Westchester County Domestic Violence Council.

Mr. Oros 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, Alvarado, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON APPOINTMENTS:  African American Advisory Board:  RES 212-2007:  Resolution appointing DaMia Harris as a member of the Westchester African American Advisory Board.

Mr. Oros 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, Alvarado, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON APPOINTMENTS:  Public Utility Service Agency:  RES 213-2007:  Resolution reappointing Edward Krauss as a member of the Westchester County Public Utility Service Agency.

Mr. Oros 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, Alvarado, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON APPOINTMENTS:  Soil & Water Conservation District Board of Directors:  RES 214-2007:  Resolution appointing Terry Kornblum Singer, AIA as a member of the Westchester Soil & Water Conservation District Board of Directors.

Mr. Oros 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, Alvarado, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

COMMITTEE ON APPOINTMENTS:  Soil & Water Conservation District Board of Directors:  RES 215-2007:  Resolution reappointing Marc S. Godick as a member of the Westchester Soil & Water Conservation District Board of Directors.

Mr. Oros 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, Alvarado, Abinanti, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 15

NAY:  None

At 7:40 p.m., 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 AND THE COMMITTEE ON FAMILY, HEALTH & HUMAN SERVICES:  Displaying of calorie content values:  LOCAL LAW 19-2007:  Proposed Local Law amending the Laws of Westchester County in relation to requiring chain food establishments to display calorie content value for menu items.

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

MOTIONS, RESOLUTIONS & CALL OF THE DISTRICTS:
Memorial Resolutions:  RES -2007: 

Mr. Burton:  Charlotte Tuckerman, Dolores Peterson
Mr. Pinto & Mr. Burrows:  Elide Seminara
Mr. Pinto:  Rose Nardelli, Antonio Gizzo, Delva Comizio
Mr. Kaplowitz:  Richard Gray Jones
Mr. Maisano:  Lilia Manfra, Rosalie Serraino, Russell Ciotti, Mary Jane Loughman, Anthony Antonioli, Muriel Schaad, Linda Gorgorian, Josephine Ciferri, Christine Signorilla, Albert Codino, Richard Didonato, Alfred Liverzani, Josephine Porretto, Joseph Brandi, James Imperioli, William Kraft, Louise Massi, Frank Coviello, Joseph Villamagna, Anthony Calarco
Mr. Maisano & Ms. Myers:  Alfred Liverzani
Mr. Burrows:  Lorraine Cipollo
Mr. Jenkins & All Legislators:  Thomas Cousins

On MOTION of Legislator Rogowsky, 6th District, the Board adjourns at 8:30 p.m. to meet on December 10, 2007 at 10 a.m.