Westchester County Board of Legislators Litigation Committee Meeting (Joint with B&A) – July 13, 2026

The Litigation Committee of the Westchester County Board of Legislators met jointly with the Budget & Appropriations and Infrastructure & Housing committees on July 13, 2026 at the Michaelian Office Building in White Plains. The meeting was called to order at 10:12 AM by Legislator Woodson-Samuels for the joint portions and at 11:03 AM by Vice-Chair Smith for the Litigation portion. The committee considered several bond acts, intermunicipal agreements, and a renewal of legal counsel agreements. All agenda items were approved, with one amendment to a committee report.

Consent Calendar

• Minutes Approval: The minutes of the June 8, 2026 and June 29, 2026 meetings were approved by voice vote (Legislator Imamura, Nambiar, Smith, and Williams Johnson voting aye; Legislator Barr absent).

Discussion Items

• WCC 2026-2027 Budget Items (Act 2026-303, 304, 305): Three items were taken together: setting a public hearing for August 3, 2026 at 10:30 AM, establishing public hearing rules, and suspending rules for flexibility during the budget process. All were approved without debate.
• Credit Card Fee Authorization (Act 2026-299): Budget Director Larry Soule and County Attorney John Nonna explained that the act would authorize all county departments to recoup credit card processing fees (previously only requested by the county clerk). The total potential offset of expenses is nearly $650,000 annually (including approximately $500,000 from parks). A discrepancy was identified between the committee report (which said "will require") and the legislation (which says "may provide"). It was agreed to change the committee report to say "may require" to reflect that each department can decide whether to impose the fee. Legislators raised questions about coverage of debit cards (the act defines credit card to include debit cards), foreign transaction fees, and representment fees. The item was approved with that amendment.
• Senior Services Intermunicipal Agreement with Yonkers and New Rochelle (Act 2026-300): Acting Director of Program Government Shareen (last name not given) presented the item, which authorizes recurring county funding for livable community regional host services to elderly residents. In 2025, approximately 440 units of service (meetings, forums, volunteer recruitment) were provided to 1,680 seniors. The entire county is covered through five contracts; this is for Yonkers and New Rochelle. Legislators expressed support, noting the small investment ($40,000) has significant impact. The item was approved.
• Tibbetts Park Pool Rehabilitation Bond Act (Act 2026-301): Parks department representatives presented a request for $800,000 to finance design of rehabilitation of the pool complex (built in 2009). Issues include cracking tiles, settling, outdated filter system, leaking slides, and electrical problems. The pool has a capacity of about 2,000 and often reaches capacity during heat waves. The design phase will take about 15 months; construction cost is not yet known. The item was approved.
• Powder Horn Road Flood Mitigation Bond Act (Acts 2026-316, 317, 318): Assistant Commissioner Dave Kabinga presented three items as a package: a bond request of $550,000 for construction of stormwater infrastructure on Powder Horn Road in Ardsley, plus amendments to the stormwater reconnaissance plan to include the flood problem area. The village of Ardsley designed the project and will manage construction. The project will install new piping, catch basins, and curbing within the right-of-way. Legislators noted that the county is also initiating watershed plans for more holistic flood mitigation. The items were approved.
• FAA Airport Counsel Agreements Renewal (Act 2026-306): County Attorney John Nonna explained that the act authorizes renewal of agreements with two law firms (Kaplan Kirsch, LLP and The Wicks Group, PLLC) for up to $200,000 total ($100,000 each) to provide counsel on FAA matters affecting Westchester County Airport. The only matter to date was a Part 13 complaint by a former concessionaire (Airport Mark) that was successfully dismissed. Kaplan Kirsch handled the administrative proceeding; The Wicks Group was not used but kept for smaller matters due to lower hourly rates. Legislators asked why both firms are needed and confirmed the rates remain the same. The item was approved.

Key Outcomes

• All agenda items were approved by voice vote with the following vote pattern (when recorded): Legislators Imamura, Nambiar, Smith, and Williams Johnson voting aye; Legislator Barr absent.
• Amendment to committee report for Act 2026-299: The phrase "will require any person" was changed to "may require any person" to give departments discretion to impose credit card surcharges.
• Next Steps: The approved items will be referred to the full Board of Legislators for final action. The meeting adjourned at 11:09 AM.