Regular Session - February 15, 2006
913
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 February 15, 2006
11 11:22 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910
914
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 please come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: In the absence of
10 clergy, may we bow our heads in a moment of
11 silence, please.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 THE PRESIDENT: Reading of the
15 Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, February 14, the Senate met pursuant
18 to adjournment. The Journal of Monday,
19 February 13, was read and approved. On
20 motion, Senate adjourned.
21 THE PRESIDENT: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
Candyco Transcription Service, Inc.
(518) 371-8910
915
1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Skelos.
8 SENATOR SKELOS: Madam President,
9 I believe there are substitutions at the desk.
10 If we could make them at this time.
11 THE PRESIDENT: The Secretary
12 will read.
13 THE SECRETARY: On page 24,
14 Senator Saland moves to discharge, from the
15 Committee on Education, Assembly Bill Number
16 879A and substitute it for the identical
17 Senate Bill Number 2731A, Third Reading
18 Calendar 238.
19 And on page 27, Senator Volker
20 moves to discharge, from the Committee on
21 Local Government, Assembly Bill Number 9529
22 and substitute it for the identical Senate
23 Bill Number 6429, Third Reading Calendar 273.
24 THE PRESIDENT: Substitutions
25 ordered.
Candyco Transcription Service, Inc.
(518) 371-8910
916
1 Senator Skelos.
2 SENATOR SKELOS: Madam President,
3 there's a Resolution 3540 at the desk, by
4 Senator Morahan. Could we have the title read
5 and move for its immediate adoption.
6 THE PRESIDENT: The Secretary
7 will read.
8 THE SECRETARY: By Senator
9 Morahan, Legislative Resolution Number 3540,
10 paying tribute to Catherine McDougall for her
11 many years of dedicated service to the
12 Rockland County community by St. Augustine's
13 Church, New City, New York, on February 26,
14 2006.
15 THE PRESIDENT: All in favor of
16 the resolution please signify by saying aye.
17 (Response of "Aye.")
18 THE PRESIDENT: Opposed, nay.
19 (No response.)
20 THE PRESIDENT: The resolution is
21 adopted.
22 Senator Skelos.
23 SENATOR SKELOS: Madam President,
24 there's a Resolution 3560 at the desk, by
25 Senator Sabini. Could we have the title read
Candyco Transcription Service, Inc.
(518) 371-8910
917
1 and move for its immediate adoption.
2 THE PRESIDENT: The Secretary
3 will read.
4 THE SECRETARY: By Senator
5 Sabini, Legislative Resolution Number 3560,
6 honoring Frank Giannone upon the occasion of
7 his induction into the Long Island University
8 Athletics Hall of Fame.
9 THE PRESIDENT: All in favor of
10 the resolution please signify by saying aye.
11 (Response of "Aye.")
12 THE PRESIDENT: Opposed, nay.
13 (No response.)
14 THE PRESIDENT: The resolution is
15 adopted.
16 Senator Skelos.
17 SENATOR SKELOS: Madam President,
18 there's a resolution at the desk by Senator
19 Hassell-Thompson. Could we have the title
20 read and move for its immediate adoption.
21 THE PRESIDENT: The Secretary
22 will read.
23 THE SECRETARY: By Senator
24 Hassell-Thompson, Legislative Resolution
25 Number 3561, commending the life and
Candyco Transcription Service, Inc.
(518) 371-8910
918
1 accomplishments of Betty Friedan, feminist
2 crusader, and expressing sincerest sorrow upon
3 the occasion of her death.
4 THE PRESIDENT: All in favor of
5 the resolution please signify by saying aye.
6 (Response of "Aye.")
7 THE PRESIDENT: Opposed, nay.
8 (No response.)
9 THE PRESIDENT: The resolution is
10 adopted.
11 Senator Skelos.
12 SENATOR SKELOS: Madam President,
13 there's a Resolution 3559 at the desk, by
14 Senator Larkin. Could we have it read in its
15 entirety.
16 THE PRESIDENT: The Secretary
17 will read.
18 THE SECRETARY: By Senator
19 Larkin, Legislative Resolution Number 3559,
20 honoring the 761st Tank Battalion for their
21 heroic efforts during World War II.
22 "WHEREAS, Members of the United
23 States Armed Forces, who served so faithfully
24 and courageously in wars in which our nation's
25 freedom was at stake, as well as in the
Candyco Transcription Service, Inc.
(518) 371-8910
919
1 preservation of peace during peacetime,
2 deserve the highest commendation of this
3 Legislative Body; and
4 "WHEREAS, February has been
5 designated as Black History Month in our
6 nation to celebrate and recognize the
7 contributions of the black community. This
8 joyful month-long celebration is held across
9 New York State and America to fittingly note
10 the contributions of African-Americans
11 throughout history and in all fields of
12 endeavor; and
13 "WHEREAS, This Legislative Body is
14 justly proud to honor the 761st Tank
15 Battalion, the 'Black Panthers,' for their
16 heroic efforts during World War II; and
17 "WHEREAS, This is a special tribute
18 to the men of the 761st Tank Battalion,
19 strong, dedicated men whose courageous deeds
20 received so little notice in spite of their
21 immense value in the successful defeat of
22 Germany in World War II; and
23 "WHEREAS, The first black armor
24 unit to see combat, the 761st Tank Battalion
25 had no headlines or movies to extol their
Candyco Transcription Service, Inc.
(518) 371-8910
920
1 tremendous exploits. Although they
2 spearheaded many of General Patton's attacks,
3 they were never represented in any films; and
4 "WHEREAS, For 183 days, the Black
5 Panthers continually engaged in combat and
6 defeated the best that Germany had, although
7 they were usually outnumbered and faced
8 superior weaponry. It was the 761st Tank
9 Battalion who punched the hole in the
10 Siegfried Line through which General Patton's
11 tanks subsequently poured and raced across
12 Germany; and
13 "WHEREAS, Silence echoes around the
14 deeds of the 761st Tank Battalion in spite of
15 their exceptional courage and boldness in
16 battle. They fought for six months without
17 relief, and also defeated superior German
18 forces that had stymied, stalled and
19 frustrated other units of General Patton; and
20 "WHEREAS, The German breakthrough
21 in the Ardennes Forest precipitated the famous
22 action known to the world as the Battle of the
23 Bulge. The 761st Tank Battalion was tasked
24 with taking the German stronghold in the town
25 of Tillet. Every other American unit that was
Candyco Transcription Service, Inc.
(518) 371-8910
921
1 assigned to take the town had been beaten
2 back; and
3 "WHEREAS, Tanks, artillery, and
4 infantry inside the Ardennes Forest had
5 assaulted Tillet, and all had failed it take
6 it. After a week of steady fighting against
7 entrenched SS troops, the Black Panthers took
8 Tillet and drove the Germans out in full
9 retreat. These are but a few of their
10 remarkable accomplishments during the war;
11 and
12 "WHEREAS, This Legislative Body is
13 very pleased to have this opportunity to
14 express its gratitude to the men of the
15 761st Tank Battalion for their tremendous
16 sacrifices made for our nation and for the
17 benefit of all Americans; now, therefore, be
18 it
19 "RESOLVED, That this Legislative
20 Body pause in its deliberations to honor the
21 761st Tank Battalion for their heroic efforts
22 during World War II; and be it further
23 "RESOLVED, That a copy of this
24 resolution, suitably engrossed, be transmitted
25 to the members of the 761st Tank Battalion."
Candyco Transcription Service, Inc.
(518) 371-8910
922
1 THE PRESIDENT: Senator Larkin.
2 SENATOR LARKIN: Thank you, Madam
3 President.
4 You know, we all know that this is
5 Black History Month. And during this month,
6 the Military Order of Retired Officers cited
7 the 761st Tank Battalion as one of the most
8 distinguished combat units in Europe in
9 World War II.
10 This was a unit that was at Camp
11 Claiborne, Louisiana, in 1942. They then went
12 and trained in Camp Hood, Texas, where one of
13 the most hard-nosed combat leaders, General
14 Lear, declared the battalion one of the finest
15 that he'd ever seen and fit to go to Europe.
16 They landed in Europe in
17 October 1944. At that time in the march east,
18 General Patton said, "I need a young tank
19 battalion with full capacity to move forward.
20 I don't care where they come from or what they
21 are." Someone said to him: "They're people
22 of color." He said, "Are they American
23 soldiers?" He was answered: "Yes, they are."
24 They went into combat for 183 days.
25 They spearheaded. The Fourth Armored Division
Candyco Transcription Service, Inc.
(518) 371-8910
923
1 was given a lot of credit for what it did in
2 Europe, but every historian will tell you,
3 without the efforts of the 761st, the Fourth
4 Armored would not have been successful.
5 Many of the decorations in that
6 unit included one Congressional Medal of
7 Honor, twenty-some Distinguished Service
8 Crosses, Silver Stars, and Bronze Stars. And
9 yet during that period, never was this
10 discussed in any of our newspapers or
11 radios -- and there was very little television
12 in those days -- attesting to what these
13 dedicated men and women put up with.
14 This tank battalion came home, was
15 deactivated, but it had never lost the lust of
16 being part and parcel of the combat victories
17 in Europe.
18 I stand here very proud. I
19 commanded an all-black unit in Korea in 1950.
20 I was told they were the worst outfit to go.
21 They became one of the best, just like the
22 761st. For Black History Month, we should all
23 be proud.
24 And, Madam President, I'd like to
25 open this up because I think we should respond
Candyco Transcription Service, Inc.
(518) 371-8910
924
1 and honor such a distinguished military unit.
2 THE PRESIDENT: All in favor of
3 the resolution please signify by saying aye.
4 (Response of "Aye.")
5 THE PRESIDENT: Opposed, nay.
6 (No response.)
7 THE PRESIDENT: The resolution is
8 adopted.
9 Senator Skelos.
10 SENATOR SKELOS: Madam President,
11 if we could open up the resolution. If
12 anybody wishes not to sponsor the resolution,
13 they should notify the desk.
14 THE PRESIDENT: Any member who
15 does not wish to cosponsor the last
16 resolution, please notify the desk.
17 Senator Skelos.
18 SENATOR SKELOS: Madam President,
19 if we could go to the noncontroversial reading
20 of the calendar.
21 THE PRESIDENT: The Secretary
22 will read.
23 THE SECRETARY: Calendar Number
24 47, by Senator Padavan, Senate Print 5979A, an
25 act to amend the Tax Law, in relation to
Candyco Transcription Service, Inc.
(518) 371-8910
925
1 reducing.
2 THE PRESIDENT: There is a local
3 fiscal impact note at the desk.
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 41.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 107, by Senator Volker, Senate Print 4004, an
14 act to allow a filing for state aid by the
15 Gorham-Middlesex Central School District.
16 THE PRESIDENT: There is a local
17 fiscal impact note at the desk.
18 Read the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect July 1, 2005.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 43.
24 THE PRESIDENT: The bill is
25 passed.
Candyco Transcription Service, Inc.
(518) 371-8910
926
1 THE SECRETARY: Calendar Number
2 109, by Senator Robach, Senate Print 3331, an
3 act to amend the Civil Service Law, in
4 relation to authorizing.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 43.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 116, by Senator Maziarz, Senate Print 4074, an
16 act to amend the Workers' Compensation Law, in
17 relation to the imposition.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 6. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 43.
25 THE PRESIDENT: The bill is
Candyco Transcription Service, Inc.
(518) 371-8910
927
1 passed.
2 THE SECRETARY: Calendar Number
3 153, by Senator Little, Senate Print 728, an
4 act to amend the Tax Law, in relation to
5 timing.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 43.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 168, by Senator Fuschillo, Senate Print 6354,
17 an act to amend the Agriculture and Markets
18 Law, in relation to food safety education.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the same date as
23 Chapter 665 of the Laws of 2005.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910
928
1 THE SECRETARY: Those recorded in
2 the negative on Calendar Number 168 are
3 Senators Klein and A. Smith.
4 Ayes, 43. Nays, 2.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 178, by Senator Larkin, Senate Print 5376B, an
9 act to amend the Civil Service Law, in
10 relation to certain adverse personnel actions.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 45.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 216, by Senator Maziarz, Senate Print 3381, an
22 act to amend the Labor Law, in relation to
23 requiring.
24 THE PRESIDENT: Read the last
25 section.
Candyco Transcription Service, Inc.
(518) 371-8910
929
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 45.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 217, by Senator Robach, Senate Print 3521, an
10 act to amend the Workers' Compensation Law, in
11 relation to presumption.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 45.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 237, by Senator LaValle, Senate Print 685A, an
23 act to amend the State Finance Law, in
24 relation to commodities and services
25 contracts.
Candyco Transcription Service, Inc.
(518) 371-8910
930
1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 45.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 238, substituted earlier today by Member of
12 the Assembly Tokasz, Assembly Print Number
13 879A, an act to amend the Education Law.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE PRESIDENT: Senator LaValle,
21 to explain your vote.
22 SENATOR LaVALLE: Thank you,
23 Madam President.
24 I'm going to support this
25 legislation. I know I've had discussions with
Candyco Transcription Service, Inc.
(518) 371-8910
931
1 the sponsor. I felt that it might be more
2 appropriate to have a sunset on the fuel costs
3 to just see, during the next year or two, what
4 happens with fuel costs rather than put in
5 into permanent provision.
6 And I asked for that because of the
7 sensitivity in real property taxes that we
8 have when we go to contingency budget.
9 Sometimes people don't understand all of the
10 other provisions that we put in that are
11 outside of the growth in the index.
12 But it is a difficult time for
13 school districts, and maybe we will revisit
14 this issue at another time and make it more
15 appropriate in terms of what is going on.
16 I vote in the affirmative.
17 THE PRESIDENT: You will be
18 recorded as voting in the affirmative,
19 Senator LaValle.
20 The Secretary will announce the
21 results.
22 THE SECRETARY: Ayes, 46.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910
932
1 245, by Senator Marchi, Senate Print 6536, an
2 act to amend Chapter 759 of the Laws of 1973
3 relating to transfer.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 47.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 273, substituted earlier today by Member of
15 the Assembly Tokasz, Assembly Print Number
16 9529, an act to amend the Erie County Tax Law,
17 in relation to the receipt of partial payment.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 50.
25 THE PRESIDENT: The bill is
Candyco Transcription Service, Inc.
(518) 371-8910
933
1 passed.
2 THE SECRETARY: Calendar Number
3 282, by Senator Spano, Senate Print 2893B, an
4 act to amend the State Finance Law, in
5 relation to damages.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 180th day.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 49. Nays,
13 1. Senator Meier recorded in the negative.
14 THE PRESIDENT: The bill is
15 passed.
16 Senator Skelos, that completes the
17 noncontroversial reading of the calendar.
18 SENATOR SKELOS: Thank you, Madam
19 President.
20 There will be an immediate meeting
21 of the Investigations Committee in the
22 Majority Conference Room. I believe they are
23 going to take up one nomination. Then there
24 will be a meeting of the Finance Committee to
25 take up that nomination. Then we will come
Candyco Transcription Service, Inc.
(518) 371-8910
934
1 back and have a vote on several nominations,
2 and then we will adjourn.
3 So there will be an immediate
4 meeting of the Investigations Committee in the
5 Majority Conference Room.
6 THE PRESIDENT: There will be an
7 immediate meeting of the Investigations and
8 the Finance Committees, sequentially, in the
9 Majority Conference Room.
10 The Senate stands at ease.
11 (Whereupon, the Senate stood at
12 ease at 11:22 a.m.)
13 ACTING PRESIDENT FUSCHILLO:
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President,
16 just as a reminder, there will be an immediate
17 meeting of the Finance Committee in the
18 Majority Conference Room.
19 ACTING PRESIDENT FUSCHILLO:
20 There will be an immediate meeting of the
21 Finance Committee in the Majority Conference
22 Room.
23 The Senate will stand at ease.
24 (Whereupon, the Senate reconvened
25 at 12:17 p.m.)
Candyco Transcription Service, Inc.
(518) 371-8910
935
1 SENATOR SPANO: Madam President.
2 THE PRESIDENT: Senator Spano.
3 SENATOR SPANO: Can we return to
4 motions and resolutions.
5 I understand there's a resolution
6 at the desk by Senator Ada Smith. Can you
7 please read the title and ask for its
8 immediate adoption.
9 THE PRESIDENT: The Secretary
10 will read.
11 THE SECRETARY: By Senator A.
12 Smith, Legislative Resolution Number 3562,
13 mourning the death of Charles A. Pringle, Jr.,
14 distinguished citizen and devoted member of
15 his community.
16 THE PRESIDENT: All in favor of
17 the resolution please signify by saying aye.
18 (Response of "Aye.")
19 THE PRESIDENT: Opposed, nay.
20 (No response.)
21 THE PRESIDENT: The resolution is
22 adopted.
23 Senator Robach.
24 SENATOR ROBACH: Yes, Madam
25 President. I wish to call up my bill, Senate
Candyco Transcription Service, Inc.
(518) 371-8910
936
1 Print Number 3331, which is at the desk.
2 THE PRESIDENT: The Secretary
3 will read.
4 THE SECRETARY: Calendar Number
5 109, by Senator Robach, Senate Print 3331, an
6 act to amend the Civil Service Law.
7 THE PRESIDENT: Senator Robach.
8 SENATOR ROBACH: Madam President,
9 I now move to reconsider the vote by which the
10 bill was passed and ask that the bill be
11 restored to the order of third reading,
12 please.
13 THE PRESIDENT: The Secretary
14 will call the roll upon reconsideration.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 50.
17 THE PRESIDENT: So ordered.
18 Senator Spano.
19 SENATOR SPANO: Madam President,
20 can we please return to reports of standing
21 committees. I understand there's a report of
22 the Finance Committee at the desk.
23 THE PRESIDENT: The Secretary
24 will read.
25 THE SECRETARY: Senator Johnson,
Candyco Transcription Service, Inc.
(518) 371-8910
937
1 from the Committee on Finance, reports the
2 following nominations.
3 As Commissioner of Agriculture and
4 Markets, Patrick H. Brennan, of Deansboro.
5 THE PRESIDENT: Senator Spano.
6 SENATOR SPANO: Thank you, Madam
7 President.
8 The Senate Committee on
9 Investigations had the opportunity to have two
10 hearings, as a matter of fact, two meetings
11 considering the appointment of Dan Boyle as a
12 member of the -- and while that was
13 interesting, we are now considering
14 appointment of Mr. Brennan.
15 (Laughter.)
16 SENATOR SPANO: And I will now
17 yield the floor to Senator Maziarz.
18 THE PRESIDENT: Senator Maziarz.
19 SENATOR MAZIARZ: Well, Madam
20 President, I am going to defer to my
21 colleague, the chair of the Senate Ag
22 Committee, Senator Young.
23 THE PRESIDENT: Senator Young.
24 SENATOR YOUNG: Thank you very
25 much.
Candyco Transcription Service, Inc.
(518) 371-8910
938
1 As chairperson of the Senate Ag
2 Committee, I'm very proud to rise today in
3 support of the appointment of Patrick H.
4 Brennan as the Commissioner of the New York
5 State Department of Agriculture and Markets.
6 Agriculture is still the number-one
7 industry in New York State, so this is a
8 critically important position.
9 Mr. Brennan has served in a
10 multitude of roles that are very relevant to
11 this appointment today. Number one is that he
12 grew up on a dairy farm in Paris, which
13 actually is in Oneida County. And what's
14 interesting is that he still is very involved
15 directly in farming issues. As a matter of
16 fact, every weekend he helps out the family
17 farm by still milking the cows.
18 So Mr. Brennan and I actually have
19 a little friendly contest going. We will be
20 having a cow-milking contest, probably at the
21 State Fair later this year.
22 And Senator Parker says that he's
23 betting on me, Mr. Brennan, so . . .
24 But Mr. Brennan previously worked
25 at the Department of Agriculture and Markets
Candyco Transcription Service, Inc.
(518) 371-8910
939
1 from 1998 to 2001. During his first year, he
2 served as the Environmental Bond Act
3 coordinator and agriculture policy analyst,
4 where he was responsible for the
5 administration also of the New York Farmland
6 Protection Program and the Agricultural
7 Non-Point Source Pollution Abatement and
8 Control Program.
9 He was promoted to special
10 assistant for agricultural economic
11 development, where he was instrumental in
12 creating Grow New York, which has been a very
13 successful program. He also has served as a
14 staff member to my esteemed colleague, Senator
15 Raymond Meier, and as a field advisor for the
16 New York State Farm Bureau.
17 Prior to being named acting
18 commissioner, he served as the state director
19 of the USDA Rural Development from 2001 to
20 2005, where his duties included oversight of a
21 $200 million budget to create economic
22 development opportunities.
23 And I have to personally speak at
24 this point, because he did a great job in that
25 role. I live in a very rural community, and
Candyco Transcription Service, Inc.
(518) 371-8910
940
1 anytime that I called Mr. Brennan to help with
2 affordable housing or critical community
3 projects -- such as water, for example -- he
4 was always there and very accessible. And I
5 anticipate that he will continue that method
6 in his new role as Commissioner of Ag and
7 Markets.
8 Mr. Brennan's extensive
9 professional and personal experience will
10 undoubtedly be a tremendous asset to the
11 New York State farming industry.
12 He is joined today by several
13 important people: his wife, Sheri; his sons,
14 Joshua and Eddie; his father, Edwin; his
15 brother, Matt, and sister-in-law, Jane; his
16 uncles, Norman and Vincent; his aunt, Mary;
17 his cousin, Kevin; his in-laws, Dennis and
18 Nancy Salm. And he is also joined by several
19 friends who are great supporters.
20 So it's my pleasure to nominate
21 Patrick H. Brennan as Commissioner of the
22 Department of Agriculture and Markets in
23 New York State.
24 THE PRESIDENT: Senator Meier.
25 SENATOR MEIER: Thank you, Madam
Candyco Transcription Service, Inc.
(518) 371-8910
941
1 President.
2 It is indeed a privilege to second
3 the nomination for Senate confirmation of my
4 good friend Pat Brennan.
5 Now, initially, let me clear up the
6 source of Senator Spano's confusion about this
7 being a nomination to the State Liquor
8 Authority. What I told you was he and I have
9 a beer together occasionally, and that's what
10 you were thinking about.
11 (Laughter.)
12 SENATOR MEIER: I really mean it
13 when I say that Pat Brennan is a friend. And
14 I think over the time that he has been
15 involved in agriculture and in agriculture
16 policy, whether it's been at the Farm Bureau,
17 the Department of Agriculture and Markets, or
18 in his most recent tenure as the New York
19 State director for the U.S. Department of Ag
20 and Rural Development, he's demonstrated that
21 he is a friend of farmers, he's a friend of
22 rural New York.
23 I have known Pat Brennan for a long
24 time, and I was able to observe him when he
25 worked on my staff, of the way he reacts in a
Candyco Transcription Service, Inc.
(518) 371-8910
942
1 very creative way to problems.
2 Early in my tenure in the Senate,
3 the part of New York that Senator Wright and I
4 represent was hit by a crippling ice storm.
5 It knocked down power in some of those
6 communities for literally more than 30 days at
7 a time, and Pat Brennan, on my staff, quickly
8 came to us and said: "One of the problems the
9 farmers are going to have is how do you milk
10 the cows. That's just not of economic
11 consequence immediately to these farmers, it's
12 of consequence to the health and well-being of
13 the cows if they're not milked."
14 Pat put a program together
15 immediately. We collected generators that
16 were volunteered by farmers not impacted,
17 mounted them on trucks, got them into a
18 program of circulating from farm to farm.
19 That's the kind of guy Pat Brennan is. He
20 acts and he solves problems.
21 Now, Pat has been telling people --
22 your dad is up there -- Mr. Brennan, that he
23 still milks cows. We didn't put him under
24 oath, but we are going to put you under oath
25 later and ask you if that's really true. But
Candyco Transcription Service, Inc.
(518) 371-8910
943
1 that's one of the ways he sold himself.
2 Pat does, though, still participate
3 at the family farm, and that keeps him
4 well-grounded.
5 But one of the great challenges
6 that he's prepared to address and that we need
7 to be mindful of in this chamber and in this
8 state government is that agriculture in this
9 state is changing, along with many other
10 aspects of our economy.
11 And while dairy and various crops,
12 be they fruit or vegetables or our
13 wine-growing regions, all are going to remain
14 very important, Pat Brennan is the kind of
15 forward-thinking guy who sees the relationship
16 between a 21st-century economy and one of our
17 oldest industries, agriculture.
18 That's going to fit nicely with
19 some of the initiatives our Governor has
20 talked about, about moving forward into a
21 21st-century economy, about alternative forms
22 of fuel and energy and the role that our
23 oldest industry, agriculture, is going to play
24 in fueling the businesses and the economy of
25 the 21st century.
Candyco Transcription Service, Inc.
(518) 371-8910
944
1 I am very proud that Pat Brennan is
2 a constituent, a former staff member, a
3 friend. And I think New York's farmers and
4 New Yorkers are going to be very proud to have
5 Pat as the Commissioner of Ag and Markets.
6 Congratulations, Pat. You deserve
7 this. You're a guy who never forgot where he
8 came from, and you're going to do a great job.
9 THE PRESIDENT: Senator Maziarz.
10 SENATOR MAZIARZ: Thank you very
11 much, Madam President.
12 I rise to join Senator Young and
13 Senator Meier in their support of Patrick
14 Brennan as the designee for Commissioner of Ag
15 and Markets.
16 I haven't known Patrick as long as
17 Senator Meier on a personal basis, but I can
18 tell you that on a professional basis, Patrick
19 has interacted with my office.
20 And I was always impressed with the
21 fact that whenever there was a particular
22 event or issue, regardless of how
23 confrontational it was or controversial it
24 was, Madam President, that when we would
25 contact the USDA and ask for someone to come
Candyco Transcription Service, Inc.
(518) 371-8910
945
1 out to meet with a group of residents, they
2 didn't send out a staff person or somebody who
3 couldn't get answers, Patrick Brennan showed
4 up himself. And it was regardless of day of
5 the week, time of the day, or where it was, in
6 some very rural and remote parts of New York.
7 And I think the thing that
8 impresses me the most is that -- and I know
9 that those of us who represent some of the
10 rural areas of New York State know that
11 because of the work that Patrick did with the
12 USDA, that not only healthcare but emergency
13 services -- fire companies, volunteer fire
14 companies, volunteer EMS organizations -- have
15 better equipment and better housing today
16 because of the work that Patrick has done.
17 And Senator Meier mentioned about
18 the things like the water lines and housing
19 for senior citizens in rural areas, all very
20 important components of life in rural New
21 York. And they're better in upstate New York
22 in those rural areas because of the work that
23 Patrick did with the U.S. Department of
24 Agriculture.
25 Patrick, congratulations. It's
Candyco Transcription Service, Inc.
(518) 371-8910
946
1 certainly a proud moment for you, I know, and
2 even more so for your dad, who's here, and
3 your in-laws and other family members.
4 Thank you, Madam President.
5 THE PRESIDENT: Senator Nozzolio.
6 SENATOR NOZZOLIO: Thank you,
7 Madam President. On the nomination.
8 I rise to echo my support. As
9 Senator Young and Senator Meier and Senator
10 Maziarz indicated, this certainly is a very
11 personally impressive nomination, one that is
12 uniquely qualified to take New York
13 agriculture well into the 21st century.
14 The issues that Senator Meier
15 mentioned, particularly regarding making the
16 strongest industry we have in New York State
17 even stronger, is something that I wish to
18 echo and expand upon.
19 We are indeed entering a new age of
20 American agriculture. We are entering a new
21 age of American business, and agriculture is
22 very much a part of that age, where our
23 competitive marketplace is no longer the
24 farmstand next door or even crops from other
25 regions of the country, but we truly are in a
Candyco Transcription Service, Inc.
(518) 371-8910
947
1 global marketplace.
2 And that particularly in areas of
3 research and development, New York agriculture
4 is poised to stand strong and become stronger
5 under direction and leadership. And I'm very
6 confident that the new Commissioner of
7 Agriculture, himself grounded in agriculture
8 but experiencing a great deal of agriculture
9 research and development, knows how to pivot
10 this into the next century.
11 New York agriculture faces many,
12 many issues -- growing, developing, making
13 sure farms prosper. That is an issue this
14 conference is well aware of, and under Senator
15 Bruno and Senator Young we are trying to
16 develop policies that make New York
17 agriculture flourish.
18 But what I'd like to see occur more
19 is the research components of New York
20 agriculture get greater and greater attention.
21 What was old can be new. And the focus on our
22 land-grant institution at Cornell University,
23 with its College of Agriculture, its School of
24 Veterinary Medicine, and its Experiment
25 Station of applied research in Geneva,
Candyco Transcription Service, Inc.
(518) 371-8910
948
1 New York, are ways that New York agriculture
2 can set itself apart, has set itself apart,
3 has created already a worldwide reputation.
4 Now we want to see that reputation grow and
5 become stronger with the addition of new jobs.
6 Governor Pataki has taken a very
7 personal interest in this development. As one
8 who grew up on a farm himself, or his father
9 certainly was involved in farming for years,
10 Governor Pataki has supported the New York
11 State Experiment Station and land-grant
12 college in developing applied research.
13 Better tomatoes grown in New York State,
14 apples no longer grown on trees but grown in
15 trellised environments.
16 That we have our grape industry,
17 where in the Central Finger Lakes and Long
18 Island, in particular, hundreds of wineries
19 exist today that did not even exist 10 years
20 ago, 20 years ago.
21 This industry needs additional
22 nurturing, and that is recognized particularly
23 at the Experiment Station in Geneva, where the
24 United States Department of Agriculture is
25 placing a grape genetics laboratory on the
Candyco Transcription Service, Inc.
(518) 371-8910
949
1 campus of what was created by Governor Pataki,
2 the New York State Cornell Ag and Food
3 Technology Park, a place where farming is not
4 going to be growing crops but growing
5 sophisticated research and development jobs
6 through consistent and targeted agriculture
7 research. The Governor has been there on a
8 number of occasions.
9 And that I, for one, hope that our
10 new commissioner will do all he can to ensure
11 that what we have growing can be further
12 nurtured. Being grounded in agriculture as he
13 is, I know that the creation of a Center of
14 Excellence of Agriculture and Food Technology
15 would be a wonderful component of the already
16 expanded Center for Excellence program, from
17 bioinformatics in Buffalo to computer science
18 in Albany, to the development of environmental
19 research in Syracuse, and infotonics in
20 Rochester, having an additional focus on
21 New York agriculture, enhancing what we have
22 here puts us in rising our creative class and
23 competing with a world economy, making
24 New York well-poised for success in the 21st
25 century.
Candyco Transcription Service, Inc.
(518) 371-8910
950
1 To you, Commissioner, I
2 congratulate you. Your efforts here have been
3 nothing but exemplary. That we have great
4 confidence in your background in agriculture,
5 your time spent with us, working with Senator
6 Meier in the State Senate.
7 That you are uniquely qualified for
8 this position, and I appreciate all you have
9 done to be responsive and look forward to
10 working with you in the months ahead.
11 Thank you, Madam President. I
12 support strongly the nomination.
13 THE PRESIDENT: Thank you,
14 Senator Nozzolio.
15 Senator Wright.
16 SENATOR WRIGHT: Thank you, Madam
17 President. I too rise to join with my
18 colleagues in seconding and supporting the
19 nomination of Pat Brennan.
20 I know his father is with him
21 today. And these kind of accolades are the
22 kind of recognition that your mother is very
23 proud of and your father wonders who you're
24 talking about.
25 (Laughter.)
Candyco Transcription Service, Inc.
(518) 371-8910
951
1 SENATOR WRIGHT: Patrick, we're
2 proud to be here with you today. He is an
3 individual who, as well-documented by his
4 resume, has demonstrated that he is
5 well-prepared to be the commissioner of the
6 number-one industry in this state.
7 We're very prepared to confirm him
8 to that job because of the experience that
9 we've had working with Pat and the firsthand
10 experience we've had with him. At one point
11 in time, he was spending so much time in my
12 district I honestly thought he was a
13 constituent for a while.
14 That's the kind of personal,
15 hands-on response that, as a representative of
16 the federal government, this man brought to
17 his job. I'm fully confident he will bring
18 that same kind of attention and dedication to
19 being commissioner here in this state.
20 He has worked in the department, he
21 understands what its focus and obligations are
22 and should be. He has worked for and with the
23 Legislature. That's important as we continue
24 forward on what is clearly a priority for the
25 New York State Senate, its commitment to
Candyco Transcription Service, Inc.
(518) 371-8910
952
1 agriculture.
2 And I would only reinforce all of
3 the initiatives that Senator Nozzolio
4 articulated in terms of our commitment to
5 further research, new technologies, applying
6 those technologies to ensuring that our
7 agricultural industry is highly competitive
8 and very diverse.
9 I believe Pat Brennan is the
10 individual to lead the department in achieving
11 just those goals. I look forward to voting
12 for his confirmation.
13 Patrick, the best to you and all of
14 your family today.
15 Thank you, Madam President.
16 THE PRESIDENT: Senator Valesky.
17 SENATOR VALESKY: Thank you,
18 Madam President.
19 I rise today to join with my
20 colleagues from the other side of the aisle in
21 support of the nomination of Patrick Brennan
22 as Commission of the Department of Agriculture
23 and Markets.
24 I have not had the opportunity to
25 know and work with Patrick for very long. The
Candyco Transcription Service, Inc.
(518) 371-8910
953
1 first time that we had a chance to speak was
2 shortly after he was named acting commissioner
3 of the department.
4 But I want all of the members here
5 to know that in the few chances that we have
6 had to talk and discuss issues that are
7 important to agriculture, that this is a man
8 who is not only intelligent but an articulate
9 spokesperson for farmers in New York State
10 and, perhaps most importantly, you find very
11 early in a conversation with Patrick, you see
12 his passion for agriculture, for working on
13 behalf of the farmers of New York State. And
14 I am absolutely convinced that he will serve
15 farmers very, very well in his role as
16 commissioner.
17 Patrick, congratulations. I look
18 forward to working with you over these next
19 several months. Thank you.
20 THE PRESIDENT: All those in
21 favor of the nomination of Patrick H.
22 Brennan -- Senator Larkin, do you wish to be
23 heard?
24 SENATOR LARKIN: Thank you, Madam
25 President.
Candyco Transcription Service, Inc.
(518) 371-8910
954
1 THE PRESIDENT: By all means.
2 SENATOR LARKIN: You know, in the
3 past 18 months we've welcomed Patrick to our
4 district about five times on some very, very
5 major issues -- major issues that involve West
6 Point, small communities that were dried out
7 for years. Patrick took the time to come down
8 and laid out the plans of how they could be
9 done.
10 One issue was how do we get the
11 funds. Small municipalities -- as you know
12 because of your task force, Madam President --
13 don't have all the resources to do it. Pat
14 brought the technical people with him. We
15 worked with the county, we worked with both
16 counties, we worked with West Point. And
17 Patrick even got a chance to go out and see
18 why an onion farmer wanted to change and
19 become a "carpet man," meaning grass.
20 Patrick was so engrossed in what he
21 was doing, and the farm community and the
22 local government community were so happy to
23 have somebody come down, especially from a
24 federal agency and work with them hand in
25 hand. Patrick knew what their troubles were,
Candyco Transcription Service, Inc.
(518) 371-8910
955
1 he knew what their problems were; he also knew
2 how to solve it.
3 You know, Patrick is a doer. You
4 know, he's very fortunate, he's got the
5 Brennan family in my district -- right, Pat?
6 They watch me as I watch Patrick.
7 Patrick came back time and time
8 again, communicated with those individuals so
9 that they were fully aware of what had to be
10 done, how to do it. And when he brought the
11 check to Goshen that day, people were so
12 surprised they even invited the Times
13 Herald-Record. Patrick, they don't even come
14 for George Pataki. So you were special.
15 But Patrick did the job that had
16 taken ten years to get an adequate water
17 supply for a community of about 800 people.
18 Patrick dogged it, he made sure the federals
19 got in it, locals got into it. And, Patrick,
20 they're very proud. They're proud because
21 they see in you as a government official who
22 knows what the problem is, how to address it,
23 and how to resolve the problem for those you
24 represent.
25 Patrick, I'm honored to know you,
Candyco Transcription Service, Inc.
(518) 371-8910
956
1 your family, and I've got to watch out for
2 Vince.
3 THE PRESIDENT: Now, the question
4 is on the nomination of Pat Brennan as
5 Commissioner of Agriculture and Markets. All
6 in favor please signify by saying aye.
7 (Response of "Aye.")
8 THE PRESIDENT: Opposed, nay.
9 (No response.)
10 THE PRESIDENT: The nominee is
11 hereby confirmed.
12 Congratulations, Commissioner, and
13 best wishes for success.
14 (Applause.)
15 THE PRESIDENT: The Secretary
16 will continue to read.
17 THE SECRETARY: As Director of
18 the Division of State Probation and
19 Correctional Alternatives, Robert M.
20 Maccarone, Esquire, of White Plains.
21 THE PRESIDENT: Senator Spano.
22 SENATOR SPANO: I yield to
23 Senator Nozzolio.
24 THE PRESIDENT: Senator Nozzolio.
25 SENATOR NOZZOLIO: Thank you,
Candyco Transcription Service, Inc.
(518) 371-8910
957
1 Madam President.
2 I rise to place in nomination the
3 name of Robert Maccarone, of White Plains,
4 New York, to serve as Director of the Division
5 of State Probation and Correctional
6 Alternatives.
7 Bob Maccarone is uniquely qualified
8 for this position, has worked within the
9 department, has had a diversity of experience,
10 has impressed the Committee on Crime Victims,
11 Crime and Corrections as well as the Senate
12 Finance Committee with his understanding of
13 probation and other issues.
14 This issue becomes -- probation
15 particularly becomes so critical as this
16 Legislature is dealing more and more with
17 criminality issues relative to
18 post-incarceration. And that his expertise is
19 invaluable to meet the challenges that we are
20 all going to face in trying to make New York
21 State a safer place to live.
22 Madam President, it's an excellent
23 nomination.
24 And I turn my comments back to
25 Senator Spano.
Candyco Transcription Service, Inc.
(518) 371-8910
958
1 THE PRESIDENT: Senator Spano.
2 SENATOR SPANO: Thank you, Madam
3 President.
4 It's my pleasure to join with
5 Senator Nozzolio in seconding the nomination
6 of Bob Maccarone.
7 I've known Bob for many years in
8 Westchester County. And as was stated by
9 Senator Nozzolio, he's uniquely qualified to
10 serve as Director of the State Probation and
11 Correctional Alternatives agency.
12 We will -- when you look at his
13 role that he played in criminal justice
14 services in Westchester County, it's no secret
15 why the Governor would make the selection of
16 Bob Maccarone.
17 And it's my pleasure to second the
18 nomination of someone who is, in addition to
19 being a great friend and Westchester resident,
20 someone who is uniquely qualified to continue
21 to protect the safety and security of our
22 neighborhoods across New York State as the
23 director.
24 THE PRESIDENT: Senator
25 Oppenheimer.
Candyco Transcription Service, Inc.
(518) 371-8910
959
1 SENATOR OPPENHEIMER: Well, also
2 being a Westchester resident, I know Bob very,
3 very well for many -- for a couple decades, at
4 least. And also he resides in White Plains,
5 and that's in my Senate district.
6 And we've heard a little bit about
7 what he has done in Westchester, where he was
8 in the DA's office doing a brilliant job, and
9 then he went on to Criminal Justice, also
10 doing a brilliant job. And it's because of
11 the kind of job that he consistently does that
12 he keeps seeming to move up the ladder.
13 But I also know him as a resident
14 of his community. And he has been an
15 attentive citizen, he has been involved in the
16 schools, involved with his kids, involved with
17 the community. And so in addition to being
18 excellent at his work, he has also been an
19 excellent and spirited member of his
20 community.
21 And so I'm very, very happy to be
22 seconding his nomination and think this is a
23 wonderful appointment.
24 THE PRESIDENT: The question now
25 is on the nomination of Robert M. Maccarone,
Candyco Transcription Service, Inc.
(518) 371-8910
960
1 Esquire, as Director of the Division of State
2 Probation and Correctional Alternatives. All
3 in favor please signify by saying aye.
4 (Response of "Aye.")
5 THE PRESIDENT: Opposed, nay.
6 (No response.)
7 THE PRESIDENT: The nominee is
8 hereby confirmed.
9 Congratulations, Director, and best
10 wishes for success.
11 (Applause.)
12 THE PRESIDENT: The Secretary
13 will continue to read.
14 THE SECRETARY: As a member of
15 the State Liquor Authority, Daniel B. Boyle,
16 of Syracuse.
17 THE PRESIDENT: Senator Spano.
18 SENATOR SPANO: Thank you, Madam
19 President.
20 The Investigations Committee, at
21 our meeting today, met to consider the
22 nomination of Daniel B. Boyle. And he was
23 unanimously approved to the Senate Finance
24 Committee and then, of course, out to the
25 floor.
Candyco Transcription Service, Inc.
(518) 371-8910
961
1 A number of issues were raised both
2 at the Investigations Committee as well as the
3 Finance Committee hearing about some of the
4 frustrations of the State Liquor Authority, to
5 the effect that I thought maybe Mr. Boyle was
6 maybe going to consider leaving.
7 But when we heard many of the
8 issues that were raised, both from Senator
9 Padavan, from Queens, and Senator Stachowski,
10 from Buffalo, and across this state, we
11 realized that there's a necessity for us to
12 take a real close look at some of the policies
13 and procedures of the SLA.
14 And as such, the Investigations
15 Committee will be conducting hearings over the
16 next several weeks, in New York City and
17 Buffalo and in Westchester, looking at the
18 issue of the 500-foot rule, the issue of
19 density, as well as the issue of the
20 unlicensed premises that are being operated in
21 our neighborhoods and communities across this
22 state, violating every rule and regulation
23 including the no-smoking rule, our tax laws,
24 underage drinking, and so many others. And so
25 we have a real struggle as we look at this
Candyco Transcription Service, Inc.
(518) 371-8910
962
1 agency.
2 No one is more uniquely qualified,
3 in my opinion, to serve as the chairman of the
4 SLA than someone who has 32 years of law
5 enforcement experiences, having most
6 immediately served as the chief of the
7 Glenville Police Department, utilizing that
8 32 years of law enforcement in a way that will
9 respect the needs of the communities all
10 across New York State and with the different
11 nature of the problems that exist all across
12 New York State.
13 So it will be my pleasure as the
14 chairman of the Investigations Committee to
15 work closely with Dan Boyle and say that the
16 Governor has presented us, once again, with
17 someone who has the qualifications to be the
18 head of that agency, to address the concerns
19 that have been raised by the members of this
20 house, and to work closely with us as we
21 continue with the struggles of the agency as
22 it relates to the enforcement of the State
23 Liquor Authority rules and regulations all
24 across this state.
25 I am -- it's my pleasure to speak
Candyco Transcription Service, Inc.
(518) 371-8910
963
1 in support of the nomination of Dan Boyle.
2 THE PRESIDENT: Senator Volker.
3 SENATOR VOLKER: Madam President,
4 I just want to say -- and I want to thank the
5 nominee for, after the reception he got in our
6 Finance Committee -- and actually, it was
7 nothing personal, as you know. You got the
8 wrath of Padavan, which is enough, but then
9 Senator LaValle accused your agency of
10 swooping down on Long Island.
11 I said, you know -- I was wondering
12 if you were going to say "I don't know if I
13 want this."
14 Now, I think, frankly, that as a
15 law enforcement -- and we know each other only
16 casually -- as a law enforcement person, I'm
17 sure you'll do a fine job. As somebody who is
18 pretty close to the SLA said, there's nothing
19 wrong with the SLA that about 2,000 additional
20 bodies wouldn't take care of. But that's
21 another issue.
22 I do want to say, though, we're
23 glad to have you on board and I wish you the
24 best of luck.
25 THE PRESIDENT: Senator Ada
Candyco Transcription Service, Inc.
(518) 371-8910
964
1 Smith.
2 SENATOR ADA SMITH: Thank you,
3 Madam President.
4 I too rise to second the nomination
5 of Mr. Daniel Boyle. After considerable
6 questions and airing my viewpoint, which in
7 this instance happened to be the same as
8 Senator Padavan's -- I know that's a little
9 strange in this chamber.
10 However, he answered the questions,
11 and I believe that he will have a fresh start
12 at the SLA and he will understand the problems
13 that we have in the City of New York and he
14 will definitely set out to do something about
15 it.
16 And I'm certain that he will be
17 back meeting with us and trying to rectify
18 those issues that we brought to the forefront.
19 I wish him all the best, and I
20 commend the Governor for this nomination.
21 THE PRESIDENT: Senator Connor.
22 SENATOR CONNOR: Thank you, Madam
23 President.
24 Not being on the Finance or
25 Investigations Committee, I really didn't have
Candyco Transcription Service, Inc.
(518) 371-8910
965
1 chance to question the nominee. I did talk to
2 Senator Padavan yesterday about my concerns,
3 and I think he raised them.
4 In my district, neighborhoods like
5 Soho, the Lower East Side, the East Village,
6 Williamsburg, in Brooklyn, the south side of
7 Williamsburg -- or the north side of
8 Williamsburg, I should say, and other
9 neighborhoods, we've had this ongoing problem
10 of just the absolute overconcentration of
11 clubs and bars.
12 Now, I understand that people in
13 the nightlife industry, it gets desirable to
14 have a long strip of block after block of
15 bars, because it draws big crowds who barhop
16 and patronize various establishments. So
17 people who want to open a bar want to be in
18 the hot spot.
19 The problem is, Madam President,
20 these neighborhoods are residential
21 neighborhoods. These are not commercial
22 strips. They're commercial strips, but above
23 the bars, next door to the bars are
24 apartments, people live there.
25 We literally have received hundreds
Candyco Transcription Service, Inc.
(518) 371-8910
966
1 of complaints, between my office, the Assembly
2 member's office, the Council member's office
3 and community boards, hundreds of complaints
4 about noise. I mean, these bars and clubs are
5 open till 4:00 a.m. And this boisterous
6 barhopping and on the streets at 4:00 a.m. is
7 quite disturbing to the neighborhood.
8 There are actually blocks there
9 that have up to 17 licensed premises on one
10 block, as you go down the block. And that
11 literally creates thousands of bar hoppers --
12 not just on Friday and Saturday nights, but on
13 weeknights.
14 And the community boards have voted
15 down, in their advisory capacity,
16 applications. Yet the SLA routinely,
17 routinely grants licenses to premises that are
18 in violation of the 500-foot rule, which I
19 believe Senator Padavan sponsored a number of
20 years ago. And that provides that you shall
21 not grant a permit to an establishment within
22 a 500-foot radius of another licensed
23 premises.
24 There's an exception in there --
25 except when it's in the public interest. And
Candyco Transcription Service, Inc.
(518) 371-8910
967
1 obviously that's in there because a large
2 hotel development in a commercial area or
3 whatever, you don't want to stop someone from
4 building a hotel because there's a bar on the
5 opposite corner within 500 feet.
6 But what the SLA has done is they
7 consistently find that granting the permit to
8 the bar owner, the license, is in the public
9 interest. And the criteria they use, you
10 know, they'll say, Well, he's going to
11 create -- he's going to employ 12 people and
12 invest all this money, and therefore job
13 creation, oh, it's in the public interest.
14 That's not what was meant in the
15 legislative intent of that statute. Indeed,
16 the Soho Alliance, together with a lot of
17 other people -- and I think Senator Padavan
18 offered an affidavit in the case -- recently
19 won a case upholding the principle of the
20 500-foot exclusion.
21 The other thing they do in Lower
22 Manhattan routinely is they waive the 500-foot
23 ban against a premises within 500 feet of a
24 school or a church. I know that in a dense
25 Lower Manhattan/Lower East Side location, it
Candyco Transcription Service, Inc.
(518) 371-8910
968
1 may be harder to find locations that are that
2 far away from a school or a church. But the
3 result has been just this overconcentration.
4 Now, together with a lot of my
5 fellow elected officials from New York City,
6 we had written to the Governor and urged that
7 he appoint someone from New York City to the
8 SLA. That wasn't a city versus the rest of
9 the state outcry, it was more out of
10 frustration to get someone at the SLA to pay
11 attention to these concerns.
12 Conditions there, conditions in
13 downtown Brooklyn, conditions in the north
14 side of Williamsburg, conditions in the Lower
15 East Side, the East Village, Soho are just
16 quite different from what you'll find
17 elsewhere in the state. There is a
18 concentration of, yes, commercial premises
19 that may be a ripe target for someone who
20 wants to open a bar, but they are also
21 intermixed with a high concentration of
22 residents who live above the commercial
23 premises, next door to them, across the street
24 from them.
25 So our feeling was that if we had
Candyco Transcription Service, Inc.
(518) 371-8910
969
1 someone who lived in the city -- you know, you
2 can't live in New York City and visit any of
3 these neighborhoods and not -- you know,
4 forget the statistics; you see the problem.
5 You see the barhoppers spilling over into the
6 streets because there isn't enough room on the
7 sidewalks for the traffic as they go from bar
8 to bar to bar, where you have 12, 15, 20 bars
9 on a block, you get to the next block, there's
10 another dozen bars.
11 We want the SLA to enforce the law.
12 And I know this nominee was questioned by my
13 colleagues in the committee meetings. I
14 certainly accept his good-faith commitment to
15 look into this problem. And I certainly
16 respect the fact that Senator Spano will have
17 these hearings. I look forward to them. When
18 you have them in New York City, it will be a
19 long day.
20 Madam President, my colleague
21 Senator Spano will spend a long day because a
22 community group, no official sponsorship,
23 no -- actually, the community board was
24 against it because they were planning their
25 own event. Just literally a bunch of people
Candyco Transcription Service, Inc.
(518) 371-8910
970
1 in the community circulated flyers to hold a
2 meeting recently in my district, and 300
3 people showed up -- 300 people in one little
4 part of a neighborhood -- about this topic,
5 too many bars. So it's a serious problem.
6 There are responsible nightlife
7 operators. Obviously, it's important
8 economically to the City of New York. But
9 there are plenty who aren't responsible. And
10 even responsible owners have a difficult time
11 policing the neighborhood when there's such an
12 overconcentration of presences in just a few
13 blocks.
14 So, Madam President, I am going to
15 support the nominee and take my colleagues'
16 assurances that he and the SLA are committed
17 to looking into this problem, and look forward
18 to the hearings that Senator Spano is going to
19 sponsor.
20 Thank you.
21 THE PRESIDENT: Senator
22 Stachowski.
23 SENATOR STACHOWSKI: Very
24 briefly, Madam President. I also rise to
25 support this nominee.
Candyco Transcription Service, Inc.
(518) 371-8910
971
1 I, with Senator Spano, sat through
2 both Investigations meetings. I also had the
3 opportunity to pass on some of the concerns of
4 our conference with a private conversation
5 with Mr. Boyle. And I believe that he's shown
6 an interest in the concerns brought up by all
7 of my colleagues. He also showed an interest
8 when Senator Schneiderman passed a community
9 board's resolution over to him.
10 And I believe that he'll look into
11 the many problems that were stated not only on
12 the floor but also in the different committee
13 meetings.
14 And I think that his police
15 background and his general condition and work
16 ethic will add to the SLA and make it a much
17 better, much better functioning organization
18 and department than it currently is, and
19 probably be much more responsive to the needs
20 and the concerns of the people in our various
21 communities.
22 So I'm glad to have the opportunity
23 to support this nominee.
24 THE PRESIDENT: Senator Malcolm
25 Smith.
Candyco Transcription Service, Inc.
(518) 371-8910
972
1 SENATOR MALCOLM SMITH: Thank you
2 very much, Madam President. I rise just to
3 support the nominee.
4 But clearly, I just want you to
5 understand that the comments that you've
6 heard, as you heard it in Finance as well,
7 were not directed towards yourself, they were
8 actually directed toward the agency. You
9 heard the level of frustration.
10 And quite honestly, we are happy
11 about your law enforcement background. I hope
12 that you will use that to the fullest to make
13 sure that we do have the kind of responsible
14 agency that can do what we think should be
15 fair in all of our neighborhoods.
16 So we look forward to working with
17 you. I'm happy about your nomination. And I
18 look forward to your actually using that law
19 enforcement background to do what we know you
20 can do.
21 Thank you very much.
22 THE PRESIDENT: Senator
23 Schneiderman.
24 SENATOR SCHNEIDERMAN: Thank you,
25 Madam President.
Candyco Transcription Service, Inc.
(518) 371-8910
973
1 Very briefly, I think that this is
2 a good example of the nomination process
3 working well. I want to echo what Senator
4 Stachowski mentioned, that I did have a chance
5 to speak with Mr. Boyle and pass along a
6 resolution of Community Board 12.
7 There are concerns in New York
8 City. And specifically the community board
9 resolution notes that the SLA has for years
10 granted licenses before the community board
11 has had an opportunity to meet with the
12 business owners and forward their
13 recommendations. There has been an
14 undermining of the SLA's own procedures.
15 We are -- I'm well aware of the
16 fact that I think that this nominee has
17 received an earful about a lot of things that
18 may not even relate to him. But there are
19 legitimate concerns. I assure you, this is
20 not a matter of people raising frivolous
21 issues, this is tremendously important to a
22 lot of communities in our city and in our
23 state.
24 I look forward to working with him
25 and to following up on the recommendations of
Candyco Transcription Service, Inc.
(518) 371-8910
974
1 the community boards in my district and
2 others, and other organizations that have
3 raised these concerns. I think he has proved
4 very responsive, and I appreciate his
5 willingness to engage in this sort of
6 dialogue.
7 Thank you, Madam President.
8 THE PRESIDENT: The question now
9 is on the nomination of Daniel B. Boyle as a
10 member of the State Liquor Authority. All in
11 favor please signify by saying aye.
12 (Response of "Aye.")
13 THE PRESIDENT: Opposed, nay.
14 (No response.)
15 THE PRESIDENT: The nominee is
16 hereby confirmed.
17 He is here with his wife, Patti,
18 and his daughter, Kerry.
19 Best wishes for success in your new
20 position.
21 (Applause.)
22 THE PRESIDENT: The Secretary
23 will continue to read.
24 THE SECRETARY: As members of the
25 New York State Bridge Authority, Roderick O.
Candyco Transcription Service, Inc.
(518) 371-8910
975
1 Dressel, of New Paltz, and Thomas J. Madison,
2 Jr., of Waterford.
3 And as a member of the Buffalo and
4 Fort Erie Public Bridge Authority-Peace
5 Bridge, Paul J. Koessler, of Buffalo.
6 THE PRESIDENT: Senator Spano.
7 SENATOR SPANO: Move the
8 nominations, Madam President.
9 THE PRESIDENT: The question now
10 is on the nomination of Roderick O. Dressel
11 and Thomas J. Madison as members of the
12 New York State Bridge Authority, and on the
13 nomination of Paul J. Koessler as a member of
14 the Buffalo and Fort Erie Public Bridge
15 Authority-Peace Bridge.
16 All in favor of the nominations
17 please signify by saying aye.
18 (Response of "Aye.")
19 THE PRESIDENT: Opposed, nay.
20 (No response.)
21 THE PRESIDENT: The nominees are
22 hereby confirmed.
23 Congratulations to the three
24 nominees who have just been confirmed.
25 Senator Spano.
Candyco Transcription Service, Inc.
(518) 371-8910
976
1 SENATOR SPANO: Madam President,
2 any other business at the desk?
3 THE PRESIDENT: No, there is not,
4 Senator.
5 SENATOR SPANO: On behalf of
6 Senator Bruno, in consultation with Senator
7 Paterson, I'd like to hand up the following
8 leadership and committee assignment changes.
9 THE PRESIDENT: They will be
10 filed in the Journal, Senator Spano.
11 SENATOR SPANO: And there being
12 no further business, I move that we adjourn
13 until Monday, February 27th, at 3:00 p.m.,
14 intervening days being legislative days.
15 THE PRESIDENT: On motion, the
16 Senate now stands adjourned until Monday,
17 February 27th, at 3:00 p.m., intervening days
18 being legislative days.
19 (Whereupon, at 1:00 p.m., the
20 Senate adjourned.)
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910