October31

COMMITTEE ON LEGISLATION

MINUTES: October 31, 2005

LEGISLATION MEMBERS: Chair: Rogowsky; Legislators: Bronz, Burrows, Stewart-Cousins, Abinanti, Myers, Oros

INTERGOVERNMENTAL RELATIONS MEMBERS: Chair: Maisano; Legislators: Oros

HEALTH MEMBERS: Chair: Stewart-Cousins; Legislators: Abinanti, Myers, Oros

IN ATTENDANCE: CEO: B. Randolph, A. Neuman; CA: S. Dolgin-Kmetz, M. Nicolas-Brewster, E. Cipollo; DOH: F. Guido; BOL: S. Bass, A. Moduno, S. Mauro, B. Desoy, M. Amodio; GUESTS: L. Jones, R. MacLaughlin, R. Hyman, A. Philipiadais

With a quorum present, the Committee on Legislation was called to order at 1:27 p.m.

With a quorum present, the Committee on Health was called to order at 1:27 p.m.

TANNING SALONS
(Bronz, Myers) motion to accept legislation version “B” to regulate the use of tanning facilities for Committee on Legislation. (Myers, Abinanti) motion to accept version “B” to regulate the use of tanning facilities for the Committee on Health.

The Committee debated which age would be appropriate for young people to use tanning salons and how parental permission should be granted. The legislation which is version “A” would prohibit children less than 16 years old from using tanning facilities. This version permits 16 and 17 year olds to use tanning salons without parental involvement. The legislation which is version “B” would involve parents or legal guardians for children who are 16 and 17 years old. Both include a provision for warning signs.

Legislator Abinanti requested to separate exhibit “B.” It is a chart detailing the penalties imposed by the County Departments of Weights and Measures and the Department of Health under the County Charter so that future legislation can conform to similar laws.

Motion Passed Committee on Legislation 7-0 (Abinanti without prejudice) Motion passed Committee on Health 4-0 (Abinanti without prejudice).

(Bronz, Myers) move for the Committee on Legislation, to hold a public hearing for regulations for the use of tanning facilities. (Myers, Abinanti) move for the Committee on Health, to hold a public hearing for regulations for the use of tanning facilities. Motion passed Committee on Legislation 7-0 (Abinanti without prejudice) Motion passed Committee on Health 4-0 (Abinanti without prejudice).

(Abinanti, Myers) move for Committee on Health to adjourn. Motion passed 4-0. Committee on Health adjourned at 1:38 p.m.

With a quorum present, the Committee on Intergovernmental Relations was called to order at 1:32 p.m.

EMINENT DOMAIN
Chair Maisano gave an overview of the need and intent of the Eminent Domain Legislation for Westchester County. The law would prevent Westchester County from taking private property for public use and also not contribute funding to local municipalities for those types of projects. There is some language giving more authority to the Board of Legislators which may trigger the need for a referendum. Maisano though we may be better off to amend the current bill to avoid that.

Chairman Maisano requested Ms. Mauro to find out what the County Condemnation process is.

The Committee’s then discussed the legislation and suggested some amendments.
Legislator Stewart-Cousins raised concerns about how the legislation will affect creating affordable housing. She stated we have not had the discussion to develop an affordable housing policy which needs to occur. She asked the County Attorney’s office to define the difference between public purpose and public use. Legislator Stewart-Cousins wants to make sure the language that has allowed us to proceed on creating the housing implementation funds which we have allocated are not being compromised in this legislation.

At Legislator Abinanti’s request Chairman Rogowsky will ask the New York State Comptrollers office for an opinion of what authority local governments have over its IDA.

A request was made to develop the concept that any person within the 1000 feet of the project shall be able to go to court. Legislator Stewart-Cousins asked to add language to make sure an individual can get back the money which was spent in a court proceeding from the government for an illegal taking.

Maisano will make changes to the legislation, circulate it to both committees and then send the new draft to the County Attorney’s office.

(Bronz, Stewart-Cousins) Move to adjourn The Committee on Legislation. Motion passed 5-0. Committee on Legislation adjourned at 2:49 pm.

Chairman Maisano adjourned The Intergovernmental Relations Committee at 2:50 pm.