Legislator Young motioned to approve the minutes of October 6, 1997 and was seconded by Legislator Spreckman. The motion was carried by a vote of 3-0.

Commissioner Tony Landi: Com. Landi stated that the intent of the law is being met, which is the health and safety of the public through a unified process of qualifying certain individuals to do a certain amount of work. It is a new committee, its been on board a little over a year. He went on to say that most of the problems that they had, had to do with anything that is new. It was no longer the local officials giving a test, now you have a large group trying to standardize a test to be given out throughout the County of Westchester. They had to be fair to everybody, to have the ability to take the same test. It got to be quite a challenge. The biggest thing that came out of the discussions with the guys who were not successful with the exam was that they did not study the state codes. The second time, they studied, and were successful. There was a lot of controversy on the test itself, but they seemed to have worked through it. There is a high percentage of plumbers passing the test County wide. They basically test everyone on the NY State code. The second issue they had to get through was the credentials. They set up a credentials committee, everyone wanted to be penalized on the same basis. Everyone who had the same credentials was allowed to take the test. The credentials Committee had to interpret the law, were the W2s a successful way of indicating if a person is working in the plumbing field or not. The

people being interviewed for this plumbing examiners board really

know their business. They are working very successfully now, they

made it through the tough part. Chairman Delfino inquired as to whether or not the plumbing examiners board still holds the position that everyone must pass a test, there is no grandfathering. Com. Landi responded that, that is correct, they are interpreting the law that was passed. The law was set up to take in to consideration the fellows who had a master plumbers license, which they refer to as a restricted license. This means that if you have a license in the city of White Plains or the city of Mt. Vernon you can practice in those areas. You can only practice in the city in which you have passed a test. This was put in the law so that no one would be put out of business. Their interpretation of the law is that there is not an opportunity to grandfather someone on a County wide license. Chairman Delfino stated that there are only two ways the law can be changed. The first would be for that committee to recommend a change, and they voted not to do that. The second way is for the united group to petition this Board and this Board make the change. Com. Landi stated that it really came down to perception. Someone may take issue with the fact that licensed plumber may get on this Board and grandfather themselves in, so they stayed away from grandfathering. Chairman Delfino asked if the committee covered every issue in the legislation. Com. Landi is comfortable that they have moved in the right direction, that they are representing the County of Westchester. Chairman Delfino asked if the issue had been discussed where a person does not renew their license in the individual communities, thinking that the County test will cover it all, then they don’t pass the County test. Now their other licenses have lapsed. Com. Landi stated that the way the law was set up was that you had to prove that you worked in a municipality one year prior to the beginning of the law. The law began in 1996. You had to show that you worked in the community in 1995. You had to have a license in 1995, you submit the records, then you received your restricted license. You have a whole year to do something, if you didn’t do something by Dec. 31, 1996 there is no way to get back, there is no retroactivity. Chairman Delfino stated that

he is comfortable that everyone is doing the best they can, they had some problems in the beginning but they have worked through them.

On motion of Legislator Spreckman, seconded by Legislator Young, the motion to approve the Resolution confirming the appointment of Commissioner Tony Landi as a member of the Board of Plumbing Examiners was carried by a vote of 3-0.

Frank Campisi: Chairman Delfino asked Mr. Campisi what the original basis of not grandfathering in the master plumbers was. Mr. Campisi explained that essentially they have not proven themselves. All communities have the ability to have different codes. They need to know those codes. The standards in the town, the building codes, the fire codes, there are a variety of differences. The plumbers that are licensed in those towns were tested on those standards. The County test has been designed to try to meet that as much as possible but it is primarily the state code. The county is now the standard as far as testing. They did not take anything away from anyone, they did have the opportunity to get a license where there was no standard or accepted reciprocity from other municipalities, so we gave them reciprocity there. If they chose to they could be licensed in those communities. Also, there have been some licensed plumbers out there who were really not qualified and those people would have become licensed to work all over the County. That would have been unsafe for the public. Chairman Delfino stated that this assures that you take an exam of the state codes, then you learn your community codes. At least you know the individual took a test for the state and is watched over by the local municipality. You can’t ask for more.

On motion of Chairman Delfino, seconded by Legislator Spreckman the motion to approve the resolution confirming the appointment of Frank Campisi as a member of the Board of Plumbing Examiners was carried by a vote of 3-0.

Mike Alberts: Chairman Delfino asked Mr. Alberts how he felt the Committee was doing. Mr. Alberts responded that it has been a learning experience for all of them, but he is comfortable with the way they are handling it. Chairman Delfino asked if there was enough representation on the Board to look at a change in the legislation effectively. Mr. Alberts stated that there is enough representation. They even have general public on the Board. Although with the public, sometimes they spend more time explaining what something means than they do deliberating on anything. Mr. Alberts went on to say that he is very impressed with the cooperation with the union and nonunion sectors. There has been no arguing or taking sides, they just look at the problem and figure out the best way to solve it. They all get along well. Generally there is no major dissension. Legislator Spreckman inquired as to how Mr. Alberts would feel about the legislation on grandfathering being changed. Mr. Alberts responded that , for example you take the village of Bedford. The pluming test was twenty questions, true or false, and you took it at the County Clerks office. You walk in off the streets, no proof necessary. If you got the twenty questions right you were a plumber. The concern was that in the City of White Plains, for example, they have a very stringent code and a very stringent test. They did not want a guy to come in from Bedford and work in White Plains until he proves his qualifications. It offended people who had a White Plains license but if you give a grandfather to the guy in White Plains because he took a White Plains test you have to give it to the guy in Bedford. There are just some people who are not qualified. His personal feeling is that it is not a good thing, because the skill levels are not equal across the County. Mr. Alberts said that he thinks there needs to be a level that is a minimum for the County.

On motion of Legislator Young, seconded by Legislator Spreckman the motion to approve the Resolution confirming the appointment of Michael Alberts as a member of the Board of Plumbing Examiners was carried by a vote of 3-0.

Arthur Pagano: Chairman Delfino began by giving a little background on Mr. Pagano. Mr. Pagano was with the Board from the very beginning, he is also the Chairman of the Board of Plumbing Examiners. He went on to explain that the legislation started about eight years ago. There were a lot of problems in the beginning but they have come a long way. Mr. Pagano stated that part of the problem was that the Board of Legislators approved the legislation then gave them two months to put out a test. Mr. Pagano also stated that things are running a lot smoother. They still have obstacles to overcome, but right now it is law. What ever the members think personally, they just take the position that they are here to enforce the law.

On motion of Legislator Young, seconded by Legislator Spreckman the motion to approve the Resolution confirming the appointment of Arthur Pagano as a member of the Board of Plumbing Examiners was carried by a vote of 3-0.

Peter Russo: Chairman Delfino inquired if Mr. Russo was comfortable with the Board regarding the union and non union relationship. Mr. Russo stated that it should not even enter into it. It is not a factor. It is a Board to test your experience in plumbing, not union or non union. Chairman Delfino asked if he was comfortable that the legislation is working effectively. Mr. Russo stated that he was so far. As with anything new there will be some controversy, but they just go by what the law says. Chairman Delfino stated that all of the members seem to have the same feeling on the grandfather issue. He felt this was good because it meant there had been a lot of dialogue on it.

On motion of Legislator Young, seconded by Legislator Spreckman the motion to approve the Resolution confirming the appointment of Peter Russo as a member of the Board of Plumbing Examiners was carried by a vote of 3-0.

Bruce Lindenbaum: Chairman Delfino asked Mr. Lindenbaum if he saw any improvements that could be made on the Board. Mr. Lindenbaum stated that they need to think about enforcement of the different aspects of the law. Maybe there needs to be someone out on the road full time. What can happen is all written, you can be fined, and you can be revoked, etc., but they need someone full time out in the field as an investigator for code enforcement. They also need a full time secretary. There is a lot of paper work. Chairman Delfino stated that he thinks this board requires that if they hire a secretary to be paid out of fees that it has to come before this Board. He stated he will make some calls to find out the process. He will start with the Budget Director.

On motion of Legislator Young, seconded by Legislator Spreckman the motion to approve the Resolution confirming the appointment of Bruce Lindenbaum as a member of the Board of Plumbing Examiners was carried by a vote of 3-0.

Com. Landi stated that he Chairs this Board. It is a good Board. It is a good mixture between traffic safety people, from the stand point of the school busses, bicycles, pedestrian, they take in to consideration all traffic safety, not just vehicular. They work very well together and come up with some good ideas. There is a grant program through the NYS Governors office. They bring in close to $400,000.00 in grant funds that go towards the education and awareness of traffic safety. This Board is necessary in order to get those grants.

On motion of Legislator Spreckman, seconded by Legislator Young the motion to approve the resolutions reappointing Michael Miller, Eli Schonberger, Chief Frank Nanna, Richard Newhouse, Robert Caldwell, and Ronald Trainham, as members of the Traffic Safety Board was carried by a vote of 3-0.

Chairman Delfino asked Mr. Vitagliano and Mr. Ochacher to brief the Committee as to where we are at with the Code of Ethics. Mr. Ochacher stated that they incorporated the changes the County Attorney’s office had suggested into this newest draft. They have reflected all the changes and will produce a new draft and present it to this Committee for their comments. Mr. Vitagliano stated that it should be discussed in depth at the next meeting with the expectation that it will then be signed out for a public hearing. He went on to say that they will give two alternative provisions for consideration in committee. The code is designed with no gifts, they will include a $75 gift provision if that is the provision preferred. The other alternative is political solicitation, a consolidation, but, says the same thing. Mr. Vitagliano stated that it is about eleven pages now. It hasn’t changed that much. They can easily explain the differences from the last draft. They have simplified it, with a fresh read it shouldn’t be difficult to understand.

Legislator Young motioned to adjourn the meeting at 10:40 a.m. and was seconded by Legislator Spreckman. The motion was carried by a vote of 3-0.