MINUTES
COUNTY BOARD OF LEGISLATORS

DECEMBER 10, 2007 (10:00 A.M.)

The County Board of Legislators met pursuant to adjournment.

The Honorable William J. Ryan in the Chair.

The Chair opened the meeting at 11:55 a.m. with the salute to our flag and an invocation.

The roll call resulted as follows:

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

Mr. Abinanti arrived at 1:55 p.m.

Mr. Rogowsky moved that the minutes of the November 26, 2007 (Regular Meeting) be approved – Carried.

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

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

COMMITTEE ON BUDGET & APPROPRIATIONS:  Transition Agreement Amendment:  LOCAL LAW INTRO. 20-2007:  Proposed Local Law authorizing the County of Westchester to enter into a Fifth Amendment to the Transition Agreement with the Westchester County Health Care Corporation 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.

There were two speakers.

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

COMMITTEE ON BUDGET & APPROPRIATIONS:  Reimbursement for Medical and Dental Care of Inmates:  LOCAL LAW INTRO. 21-2007:  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.”

There was one speaker.

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

COMMITTEE ON LEGISLATION:  Human Rights Commission:  LOCAL LAW INTRO. 22-2007:  Proposed Local Law amending the Laws of Westchester County to expand the jurisdiction of the Westchester County Human Rights Commission.

There were three speakers.

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

COMMUNICATION:  HON. MICHAEL KAPLOWITZ & HON. GEORGE OROS:  Sewer District Establishment:  Forwarding a Town of Yorktown Resolution regarding the establishment of Hunterbrook Sewer District Extension No. 17 in the Town of Yorktown 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. MICHAEL KAPLOWITZ & HON. GEORGE OROS:  Sewer District Modification:  Forwarding a Town of Yorktown Resolution requesting the inclusion of one parcel of property into the Peekskill Sanitary Sewer District (1374 White Hill Road) 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:  Transition Agreement Amendment:  LOCAL LAW INTRO. 20-2007:  Local Law authorizing the County of Westchester to enter into a Fifth Amendment to the Transition Agreement with the Westchester County Health Care Corporation 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.

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

NAY:  Legislator:  Maisano - 1

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

COMMITTEE ON BUDGET & APPROPRIATIONS:  Reimbursement for Medical and Dental Care of Inmates:  LOCAL LAW INTRO. 21-2007:  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.”

Mr. Burton 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, 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.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC SAFETY & SECURITY:  WCHCC Agreement-Health Care Services:  ACT 241-2007:  An Act authorizing the County to enter into an agreement with WCHCC for comprehensive health care services to inmates at the County’s Department of Correction.

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, 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.

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS:  Capital Budget Amendment:  ACT 242-2007:  An Act amending the 2007 Capital Budget by increasing the appropriations for Capital Project RP22A – Ride Acquisition.

Mr. Jenkins and 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, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 14

NAY:  Legislators:  Oros, Swanson - 2

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

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS:  Bond Act:  (BOND) ACT 243-2007:  An Act authorizing the issuance of $2,200,000 in bonds to finance the cost of Capital Project RP22A – Ride Acquisition.

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, Alvarado, Bronz, Burrows, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Pinto, Spreckman, Young, Chair – 14

NAY:  Legislators:  Oros, Swanson - 2

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

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS:  Bond Act:  (BOND) ACT 244-2007:  An Act authorizing the issuance of $3,500,000 in bonds to finance the cost of the construction, construction supervision and administrative expenses in connection with the construction of the Scenic Hudson RiverWalk trailway.  (BLA01 – Parkland Acquisition/Westchester Legacy Program)

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, Burton, Jenkins, Kaplowitz, LaMotte, Maisano, Myers, Spreckman, Swanson, Young, Chair – 15

NAY:  None

Mr. Burrows was out of the room when the vote was taken.  Upon his return, he requested that his vote for this item be counted in the affirmative.  The Chairman approved this request and directed the Clerk to revise the count to indicate the following vote.

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

NAY:  None

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

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS:  Agreement with Village of Tarrytown:  ACT 245 2007:  An 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.

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

NAY:  None

Mr. Burrows was out of the room when the vote was taken.  Upon his return, he requested that his vote for this item be counted in the affirmative.  The Chairman approved this request and directed the Clerk to revise the count to indicate the following vote.

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

NAY:  None

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

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS:  Bond Act Amendment:  (BOND) ACT 246-2007:  An amended Bond act in the total amount of $5,100,000, which includes $1,320,000 in previously authorized bonds to finance Capital Project SPK74 – Pump Station Rehabilitation Program Peekskill Sewer District.

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, Myers, Pinto, Spreckman, Swanson, Young, Chair – 15

NAY:  None

Mr. Maisano was out of the room when the vote was taken.  Upon his return, he requested that his vote for this item be counted in the affirmative.  The Chairman approved this request and directed the Clerk to revise the count to indicate the following vote.

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

NAY:  None

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

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON PUBLIC WORKS, TRANSPORTATION, LABOR & PARKS:  Bond Act:  (BOND) ACT 247-2007:  An Act authorizing the issuance of $400,000 in bonds to finance the cost of Capital Project SPK08 – Pump Station Rehabilitation Peekskill Sewer District.

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, Myers, Pinto, Spreckman, Swanson, Young, Chair – 15

NAY:  None

Mr. Maisano was out of the room when the vote was taken.  Upon his return, he requested that his vote for this item be counted in the affirmative.  The Chairman approved this request and directed the Clerk to revise the count to indicate the following vote.

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

NAY:  None

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

COMMITTEE ON BUDGET & APPROPRIATIONS:  Agreement Amendment:  ACT 248-2007:  An Act increasing the “not to exceed” amount in the Agreement between Epstein, Becker and Green and the County for legal representation in an “of counsel” capacity to the Westchester County Attorney in the proceeding entitled Andrew J. Spano and County of Westchester v. U.S. Nuclear Regulatory Commission et ano., and authorizing the County to pay the designated counsel for legal services rendered in connection with the action.

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, Alvarado, Bronz, Burton, Jenkins, Kaplowitz, Myers, Pinto, Young, Chair – 10

NAY:  Legislators:  Oros, Burrows, LaMotte, Maisano, Spreckman, Swanson - 6

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

COMMITTEE ON BUDGET & APPROPRIATIONS AND THE COMMITTEE ON HOUSING, PLANNING & GOVERNMENT OPERATIONS:  Initiation of Lawsuit:  ACT 249-2007:  An Act authorizing the County Attorney to initiate a lawsuit against Hana Ibrahim, the owner of a County subsidized affordable housing unit for violating the property’s restrictive covenants.

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.

COMMITTEE ON BUDGET & APPROPRIATIONS:  Pay Plan Amendment:  ACT 250-2007:  An Act establishing personnel rules in Westchester County service and adopting classification of positions and schedules of pay.

This report and Act was “POSTPONED” under the rules by Mr. Kaplowitz and seconded by Mr. Alvarado.

COMMITTEE ON LEGISLATION:  Human Rights Commission:  LOCAL LAW INTRO. 22-2007:  A Local Law amending the Laws of Westchester to expand the jurisdiction of the Westchester County Human Rights Commission.

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, Alvarado, Bronz, Burton, Jenkins, Kaplowitz, Myers, Pinto, Spreckman, Young, Chair – 11

NAY:  Legislators:  Oros, Burrows, LaMotte, Maisano, Swanson- 5

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

COMMITTEE ON RULES:  BOL Personnel:  RES 216-2007:  Resolution adding the title of “Communications Specialist” to the Board of Legislators staff, establishing the pay range for this title, and setting compensation rates for the Board’s officers.

This report and Resolution was “POSTPONED” under the rules by Mr. Rogowsky and seconded by Mr. Jenkins.

MOTIONS, RESOLUTIONS & CALL OF THE DISTRICTS:

Memorial Resolutions:  RES 217-2007: 

Mr. Oros:  Margaret Crawford, Charlotte DeLillo
Ms. Bronz, Mr. Pinto, Mr. Burrows, Mr. Jenkins: Arthur Davidson
Ms. Bronz:  Elsie Harry, Thelma Austin
Mr. Rogowsky:  Sylvia Dinoffer
Mr. Abinanti:  Anthony Barbieri
Mr. Kaplowitz:  Walter N. Chimel, Charles A. DeMilo, Sr., Alice E. Held
Mr. Pinto:  Rick Reiner
Mrs. Swanson:  John Anthony Berte, Rita Cella
Mrs. Swanson, Mrs. LaMotte, Mr. Oros, All Legislators   Dr. Peter LaMotte
Mr. Pinto, Mr. Burrows, Ms. Bronz:  Bert Abrams
Mr. Burton:  Nicholas Scandalis
Mr. Maisano:  Frank Cusano, Margaret Giorgio, Theresa Williams

On the MOTION of Legislator Rogowsky, 6th District, the Board adjourns at 2:20 p.m.