Thomas Abinanti (Chair), Joseph Delfino, George Latimer, Lou Mosiello

Katherine Carsky

Dolores Heredia, Perry Ochacher, Aldo Vitigliano

The meeting commenced at 4:00 PM.

The first item for discussion was the minutes of January 21, 1997. Leg. Mosiello moved to approve, seconded by Leg. Delfino. All in favor [3-0] (Leg. Latimer out for vote).

Next, the Committee reviewed the actions which it took at its previous meeting at which it approved the inclusion of 8 items (see minutes of 1/21/97) in the legislative package and requested the Board’s Counsel, Perry Ochacher and Aldo Vitigliano, to draft the necessary memos to be included in the package for the full board.

Next, the Chair announced that there will be a special meeting of the Committee on Monday, February 3, 1997 jointly with the Committee on County Officers and Departments to discuss the proposal for establishing a separate Department for Fire Safety Services. The Chair also announced that the agenda for the regular meeting of the Committee on Tuesday, February 4, 1997, at 3:30 PM will include two items: 1. Term Limits; and 2. Campaign Finance Reform. Finally, the Chair announced that the Committee will review the Handgun Accountability Act proposal at its meetings of February 11, 1997, and February 18, 1997.

Next, the Committee discussed the possible alternatives available to it for legislation or for action by the Board with respect to agenda item C-32, trash hauling and carting licensing law. Deputy County Attorney Jim Robertson addressed the Committee and discussed

how in the past the purpose of the licensing act was simply record-keeping. The proposed legislation adds another purpose to the law. Leg. Abinanti asked what options are available to the Committee and what procedures must be followed with respect to each option. Mr. Robertson stated that the law proposed by administration goes as far as permissible without making factual finding. It was agreed that to further broaden the current licensing law or to create a new law would require such findings. Mr. Robertson explained that procedurally hearings would have to be held in order to establish the necessary record. He also stated that the Committee should first establish its goals (i.e. control all conduct of haulers or just County contracts through amending procurement laws). Leg. Abinanti inquired as to possible liability of the County for revocation of a license. Mr. Robertson stated that the County could be sued for interfering with business related services but that the licensee would have to prove in an article 78 proceeding that the decision was arbitrary and capricious. Leg. Abinanti asked Mr. Robertson if he knew why the New York City Commission was empowered to void contracts Mr. Robertson stated that he was unsure if New York City has legislative history on this subject. He also stated that he has already spoken with corporation counsel and they were able to provide no information on this issue. Mr. Robertson also stated that there are two concerns: 1. identifying internal procedures that can be changed to protect the County; and 2. the necessary record to support the changes. Mr. Robertson noted that some changes might require consulting with appropriate parties in Albany

On the request of Leg. Abinanti, the Committee gave its assent to move forward on this issue. Ms. Harkins, a partner in Harkins & Hunte who has worked with New York City has volunteered to work with the Committee. Ms. Harkins briefly discussed why the New York City law is different. The Committee agreed that the Chair would meet with Jim Robertson, Ms. Harkins and others who have volunteered their assistance to review the subject matter and fashion the alternatives for action for consideration by the full Committee.

Leg. Delfino moved to adjourn, seconded by Leg. Mosiello. The meeting ended at 5:10 PM.