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Committee on Legislation MINUTES, November 12, 1996
MEMBERS: Thomas J. Abinanti (Chair), George Latimer, Paul Noto, Lou Mosiello, Andy Albanese.
STAFF: Aldo Vitigliano, Dolores Heredia, Don Sandford, Dan Rodriguez
GUEST(S): Leonard N. Spano (County Clerk), Eugene Rogers (Assistant to County Clerk), Marilyn Slaatten (County Attorney), Anthony P. Trelewicz (Commissioner, Dept. of Environmental Facilities), Elizabeth Salvi (Law Dept.), Harriet Leib (LWV ), George F. Hosey (Chair -Co. Budget Comm. & Co. Planning).
The first item for discussion was the minutes of October 29, 1996. Leg. Noto moved to accept, seconded by Leg. Mosiello. All in favor [4-0].
The next item was agenda item C-29, a copy of Leonard Spano’s letter to the Chairman requesting the Board to pass legislation that would allow his office to issue personal identification cards. Mr. Rogers discussed how this proposal would generate revenue for the County. There would be an initial cost of $800.00; however, this money would be recuperated quickly.
Leg. Abinanti questioned the procedure and the possible liability. Ms. Slaatten stated that under the current law the County Clerk cannot go forward. However, New York State law and the laws of Westchester County prescribe the duties of the County Clerk which include a provision for "additional and related duties" as may be directed by the Board of Legislators. Marilyn pointed out that since the County Clerk’s office already checks identification in the process of giving out passports, that this is a "additional and related" duty.
Marilyn also discussed the issue of liability. The County is liable only to parties with which the County has a special relationship. In this case, absent the County’s knowledge that in fact there is an intent to use the ID cards fraudulently, or fraudulent information is given out, there will be no special relationship with any third person who relies on the ID.
The committee agreed to the proposal is valid. Leg. Abinanti requested the County Attorney’s office to commence drafting the legislation.
Committee on Legislation MINUTES, November 12, 1996 Page - 2 -
The next item was agenda item C-32, a proposed Local Law to amend Chapter 826 of the laws of Westchester County, The Westchester County Solid Waste and Recyclables collection licensing law, so as to address the influence and the threat of the influence of organized crime in the solid waste and recycling industries operating in Westchester County. Ms. Slaatten gave an overview of the changes. The Committee discussed the New York City law which the Committee would like to review. The Committee will address this issue in the near future.
Leg. Mosiello moved to adjourn. The meeting ended at 4:30 p.m.
(A taped copy of this meeting is on file)
1. CONTACT THE CITY COUNCIL TO SEE IF WE CAN GET A COPY OF THEIR BACKUP MATERIALS AND CHANGE TO THE WASTE COMMISSION OUT OF THE CONSUMER AFFAIRS LAW.
2. SOMEONE FROM COUNTY EXECUTIVES OFFICE made the policy changes.
3. COPY OF NEW YORK CITY LAW [findings] Marilyn will sent up copy of the law |