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Committee on Legislation Minutes of April 2, 1996
MEMBERS: Thomas J. Abinanti, Paul J. Noto, Louis A. Mosiello, Joseph M. Delfino, George Latimer
LEGISLATORS: Richard G. Wishnie, Katherine S. Carsky
STAFF: Donald K. Sandford, Dolores Heredia;
GUEST(S):
The meeting was called to order at 3:41 P.M.
Westchester’s County new smoking regulation, was the first topic for discussion. County Attorney Marilyn Slaatten led the discussion with a thorough explanation of the Board of Health’s smoking regulation which effectively bands smoking in restaurants. Immediately after the Board of Health enacted its new smoking regulation, the Tavern Owners Association commenced legal proceedings. The Board of Health then took a number of actions: it rescinded its prior vote; it held a presentation by the planning board on SEQR and voted itself the lead agency; it voted for a negative declaration; and it voted the smoking regulation into effect. Current law allows the Board of Health to amend the County Health Code.
It was noted that the Board of Legislators has the power to supersede the Board of Health. Item C-3 on the Agenda seeks County endorsement of a State law which, Chairman Abinanti noted, would supersede the Board of Health’s new regulation with a weaker law. Legislator Latimer moved that the Committee go into executive session for the purpose of discussing ongoing litigation, second by Legislator Noto [5-0]. After reconvening from executive session, Leg. Latimer moved to receive and file Item C-3 in the smoking issues file, second by Legislator Noto [5-0].
The next item for discussion was item B-3, a proposal requiring a special election to fill a vacancy in the Office of County Executive. Chairman Abinanti explained that there is gap within the voting time frame which needed to be corrected in order that the person filling the vacancy will fill that position for at least six months. In addition, the current time frame can have time conflicts with the primary elections.
Committee on Legislation Minutes of April 2, 1996 Page -2-
Legislator Latimer noted that a person filling such vacancy may have an unfair advantage over another citizen who may wish to run for that office, and that the appointee should be restricted from seeking election to the full-term. Further amendments were discussed. Nine (9) months was substituted for six (6) months as the cut off date. Further discussion will be held.
Item A-9 Bond Cap. On motion by Legislator Noto, second by Legislator Delfino, a home rule request favoring an increased bond cap was passed. [4-1 Latimer in negative].
The March 26, 1996, Minutes were approved on motion by Legislator Noto, second by Legislator Latimer [5-0 ].
The March 19, 1996, Minutes were approved on motion by Legislator Noto, second by Legislator Delfino [5-0].
Item A-1 Bar Closings. The Committee agreed to discuss this issue at the April 23 committee meeting.
Legislator Latimer asked that Commissioner Oliva be called regarding the status of SEQRs for items C-1 and C-2.
Also scheduled for next week's meeting was the removal of Legislator’s names from signs on construction projects. Legislator Latimer notes that a generic sign will save money.
The meeting adjourned at 5:20 P.M.
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