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COMMITTEE ON COUNTY OFFICERS AND DEPARTMENTS MINUTES MARCH 31, 1997 9:00 A.M.
LEGISLATORS: DELFINO, SWANSON, YOUNG, SPRECKMAN, DONOVAN
STAFF: MONOHAN (CTY EXEC. OFFICE), SANDFORD, MORO (BOL)
Chairman Delfino called the meeting to order at 9:15. Legislator Swanson motioned to approve the minutes of March 24, 1997 and was seconded by Legislator Spreckman. The motion was carried by a vote of 5-0.
Taxi and Limousine Commission Interviews:
At the conclusion of each interview, Chairman Delfino explained the process. By Charter the County Executive appoints the members of the Taxi and Limo Commission (TLC) subject to confirmation by the full Board of Legislators based on the recommendation of the Committee on County Officers and Departments (COD).
Chairman Delfino stated that the TLC is working very diligently on a subject that is very sensitive to the County. He attended their meeting the other day and they have a difficult task ahead of them.
Michael D McAllister:
Chairman Delfino asked Mr. McAllister to give some background and explain how he got involved with the TLC. Mr. McAllister explained that he has been practicing law since graduating from Pace Law School in 1991. He has been a resident of Westchester County since 1989. Several Years back he got involved in local politics in North Tarrytown, he served as council on a matter involving an election case. He got involved in a local campaign as a supporter of a gentleman who was running for Town Council. Later, for about a year he served on a Commission Board at the request of Senator Spano COMMITTEE ON COUNTY OFFICERS & DEPARTMENTS MINUTES OF MARCH 31, 1997 PAGE 2
where he rendered legal advice to nominees and candidates on daily concerns with their campaigns and the elections as the need arose. Mr. McAllister agreed with Chairman Delfino in regard to concerns with the Commission following through with its goals He feels they need to beware of overreaching. They need to do what is necessary but not go too far.
Legislator Donovan asked if Mr. McAllister had any knowledge of the Taxi & Limo industry. Mr. McAllister responded that just recently he defended a taxi company, to do this he did have to get to know about the industry. The taxi driver was hired by his client and had a criminal background, but it was not known because no background check was done. Mr. McAllister got to know that very little is required by the County.
Barbara Monohan interjected that what the County Executive had in mind with this Commission was to have civilians as well as industry people so that everyone was represented.
Legislator Young inquired if Mr. McAllister had made a determination as to regulating drivers. Mr. McAllister responded that no definitive decisions have been made. They have been doing ground work and research to get a consensus as to how they should go about doing it. He personally feels that something should be done with respect to the drivers. There should be some minimum background checks done. It is not overly burdensome to do.
Legislator Swanson asked if legislation is already put together. Chairman Delfino answered, no, they still have a lot of work to be done. Legislator Swanson then inquired as to the number of members on the TLC, to which Barbara Monohan responded there are nine. Legislator Swanson went on to ask if the Commission would be the regulatory agency, will they be able to give fines. Mr. McAllister answered yes, the police will be involved. Mr. McAllister stated that they wanted to keep the fines high but the fees low. If they keep the COMMITTEE ON COUNTY OFFICERS & DEPARTMENTS MINUTES OF MARCH 31, 1997 PAGE 3
fees low it wont keep any one out who would like to be involved but if they dont meet the requirements they get fined. Mr. McAllister stated that there will be a three member tribunal. Legislator Swanson questioned who the enforcement agency would be. Barbara Monohan responded Consumer Protection and Public Safety.
On motion of Legislator Swanson, seconded by Legislator Donovan the motion to approve the Resolution confirming the appointment of Michael McAllister to the Taxi and Limousine Commission was carried by a vote of 5-0.
Legislator Donovan stated that since they seem to have questions regarding the law maybe they should meet some time to discuss this. Legislator Swanson agreed they need to review this carefully. Barbara Monohan interjected that the Commission is brand new. They are working to create a mirror of the NYC TLC. COD should call in Marilyn Slaatten or herself or Phil who would be happy to come and answer questions.
John R. Gouveia:
Chairman Delfino stated that he felt Mr. Gouveia deserved a seat on this Commission with all the contributions he has made to the County. He believes Mr. Gouveia will serve it well. Mr. Gouveia stated that he believes it is a worthwhile cause. Legislator Swanson stated after reviewing Mr. Gouveias resume it seems he has a good track record and he could add a lot to the Commission.
Legislator Donovan asked Mr. Gouveia to explain in what way he thought the TLC was needed. Mr. Gouveia responded that there are too many people who should not be in the business who are, and that it is not regulated. There is no one policing them. There are a lot of people out there as taxi and limo drivers. Legislator Donovan asked if his company has experienced any problems going into NYC. Mr.
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Gouveia responded that there are many problems. Cars are being towed and impounded if you are not registered with the NYCTLC and there is a $500 fine. There needs to be some way to make it more agreeable to go there and have them come to Westchester. Legislator Swanson asked how will this be prevented in Westchester, if they are going to mirror NYC. She does not want to see unfriendly behavior. Chairman Delfino stated that it is not going to be easy. The objective is not to put the little people out of business, but they must have the appropriately licensed drivers and cars. Mr. Gouveia commented that they want to have a reciprocal arrangement so they can work together.
On motion of Chairman Delfino, seconded by Legislator Young, the motion to approve the Resolution confirming the appointment of John R. Gouveia to the taxi and Limo Commission was carried by a vote of 5-0.
Richard J. Guberti:
Chairman Delfino reviewed Mr. Gubertis resume, stated he had great knowledge and background and asked him to give a short briefing to the Committee.
Mr. Guberti explained how he got started with two cars in 1983, and in five years established a company with 35 cars. He wanted to get involved because he is proud of this industry. The NYC TLC started hassling the Westchester County Taxi and Limo drivers. It is $275 per car, per year and $110 per year for the drivers just to drop off and pick up in NYC. Unless you have a permit you can not drop someone off at airports or you are subject to fines, vehicles are seized, clients are left at the curb. The limousine agency of Westchester was created to stop this. They got Westchester politicians involved and went to CEOs of the Corporations in Westchester and said they need their help. Mr. Guberti went on to say that he does not advocate putting small businesses out of business and did not want to keep felons out of gainful employment but he wants to have safety for the customers COMMITTEE ON COUNTY OFFICERS & DEPARTMENTS MINUTES OF MARCH 31, 1997 PAGE 5
and a safe harbor from being at the mercy of NYC or Connecticut. He wants to see background checks and fingerprinting. Mr. Guberti then went on to explain why they have to mirror NYC. He stated that it is $275 for the license and $110 for a chauffeur in NYC. In the limo industry you work seven days a weak. You need part time people for the weekends, who usually have other jobs during the week. In order to drop off or pick up anywhere in NYC you have to get a license in NYC, from 8:00 am to 4:00 p.m., and it takes a full day, eight hours to get it. They would have to take off a day of work to do it. We wont seize vehicles or throw people out at the curb, but we do want the background check. We want to get reciprocity with NYC. There is already, in Yonkers, Mt. Vernon and New Rochelle, they dont have to pay NYC fees because they have background checks. We want reciprocity for vehicles, dont want to pay $275 per car in Westchester and NYC. If we set up fees less than NYC then we will have an influx of people wanting to set up shop here because it will be a better business move. No one cares where there phones are set up. Legislator Swanson asked if this will guarantee reciprocity. Mr. Guberti responded, with the drivers, yes, with cars, not yet. It is a little tougher but he thinks it is in everyones best interest so he thinks it will happen. Legislator Swanson asked if he will keep in mind, once this is up and running, what he said about people not being able to get in before 5:00 p.m., and keep it open longer. Mr. Guberti stated that he would.
On motion of Chairman Delfino, seconded by Legislator Donovan the motion to approve the Resolution confirming the appointment of Richard J. Guberti to the Taxi and Limousine Commission was carried by a vote of 5-0.
Chairman Delfino passed out to the other Committee members a memo given to him by Legislator Abinanti requesting further information on Louis Heithaus before approving his reappointment.
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REAPPOINTMENTS:
On motion of Legislator Swanson, seconded by Legislator Donovan, the motion to approve the Resolution confirming the reappointment of Janet Keyes to the Public Utility Agency was carried by a vote of 5-0.
On motion of Legislator Donovan, seconded by Legislator Young, the motion to approve the resolution confirming the reappointment of Nancy Jane Woolley to the Soil & Water Conservation Board was carried by a vote of 5-0.
On motion of Legislator Young, seconded by Legislator Swanson, the motion to approve the Resolution confirming the reappointment of Jeanette Zaloom to the Youth Board was carried by a vote of 5-0.
On motion of Legislator Spreckman, seconded by Legislator Swanson, the motion to approve the Resolution confirming the reappointment of Matthew J. Alongi as a member of the Transportation Board was carried by a vote of 5-0.
On motion of Legislator Swanson, seconded by Legislator Young, the meeting was adjourned at 10:15 a.m. The motion was carried by a vote of 5-0. |