Monday, March 20, 1995

2401 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 March 20, 1995 10 3:04 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 2402 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Ask the members to 4 find their places, staff their places. I'd ask 5 all the members and the gallery and visitors to 6 rise and recite the Pledge of Allegiance to the 7 Flag with me, please. 8 (The assemblage repeated the 9 Pledge of Allegiance to the Flag.) 10 In the absence of clergy, may we 11 all bow our heads in a moment of silence. 12 (A moment of silence was 13 observed. ) 14 Reading of the Journal. 15 THE SECRETARY: In Senate, 16 Sunday, March 19th. The Senate met pursuant to 17 adjournment, Senator Hoblock in the Chair upon 18 designation of the Temporary President. The 19 Journal of Saturday, March 18th, was read and 20 approved. On motion, Senate adjourned. 21 ACTING PRESIDENT KUHL: Hearing 22 no objection, the Journal stands approved as 23 read. 2403 1 Presentation of petitions. 2 Messages from the Assembly. 3 Messages from the Governor. 4 Reports of standing committees. 5 Reports of select committees. 6 Communications and reports from 7 state officers. 8 Motions and resolutions. 9 Senator Farley. 10 SENATOR FARLEY: Thank you, Mr. 11 President. 12 On behalf of Senator DiCarlo, I 13 wish to call up his bill, Print Number 500, 14 which was recalled from the Assembly which is 15 now at the desk. 16 ACTING PRESIDENT KUHL: Secretary 17 will read. 18 THE SECRETARY: By Senator 19 DiCarlo, Senate Print 500, an act to amend the 20 Criminal Procedure Law and the Penal Law, in 21 relation to felony sex offenses. 22 SENATOR FARLEY: Mr. President, I 23 now move to reconsider the vote by which this 2404 1 bill was passed. 2 ACTING PRESIDENT KUHL: Motion is 3 to reconsider the vote by which the bill passed 4 the house. Secretary will call the roll. 5 (The Secretary called the roll on 6 reconsideration. ) 7 ACTING PRESIDENT KUHL: Senator 8 Farley. 9 SENATOR FARLEY: Mr. President, I 10 now offer the following amendments. 11 ACTING PRESIDENT KUHL: 12 Amendments are received and adopted. 13 The Chair recognizes Senator 14 Holland. 15 SENATOR HOLLAND: Mr. President, 16 on page 12, I offer the following amendments to 17 Calendar Number 91, Print Number 2046-A, and ask 18 that said bill retain it place on the Third 19 Reading Calendar. 20 ACTING PRESIDENT KUHL: 21 Amendments are received and adopted; bill will 22 retain its place on the Third Reading Calendar. 23 SENATOR HOLLAND: Also, Mr. 2405 1 President, on page 15, I offer the following 2 amendments to Calendar Number 138, Senate Print 3 Number 466, and ask that that bill retain its 4 place on the Third Reading Calendar. 5 ACTING PRESIDENT KUHL: 6 Amendments are received and adopted; bill will 7 retain its place on the Third Reading Calendar. 8 Senator Bruno. 9 SENATOR BRUNO: Mr. President, 10 have the two new members been sworn in? 11 ACTING PRESIDENT KUHL: The 12 Secretary informs me that both members have been 13 sworn in, Senator Bruno. 14 SENATOR BRUNO: Thank you, Mr. 15 President, and I would like to offer a word of 16 welcome to the two new members, Senator Carl 17 Marcellino and Senator George Maziarz; and where 18 are they? And they're right there next to each 19 other. 20 And, Mr. President, these are two 21 gentlemen who are not new to public service. 22 They have had long and distinguished careers in 23 their own municipalities, having distinguished 2406 1 themselves by the way they have handled them 2 selves with their constituencies respectively, 3 but not only in the public sector but also in 4 the private sector, because they have been 5 involved in numerous civic activities, working 6 on behalf of their constituency because they are 7 interested in doing good things and the right 8 things for people. 9 So we are honored to have you 10 join this body and you join this group that has 11 had a number of very distinguished people here 12 and through here, among them, our late President 13 Franklin Delano Roosevelt, and very recently 14 Governor George Pataki. 15 So we welcome you here, and we 16 know that you're going to join with your 17 colleagues in doing all the good things that you 18 can on behalf of your constituency. 19 Welcome, gentlemen. 20 (Applause) 21 Stand up so we can see who you 22 are. Thank you. 23 ACTING PRESIDENT KUHL: The Chair 2407 1 recognizes Senator Bruno. 2 SENATOR BRUNO: Mr. President, we 3 are also honored to have in the chamber with us 4 the first lady of New York State, Libby Pataki. 5 (Applause) 6 SENATOR BRUNO: And Mr. 7 President, I understand that there's a 8 resolution at the desk by Senator Gold. 9 ACTING PRESIDENT KUHL: There is 10 a privileged resolution at the desk. I'll ask 11 the Secretary to read the title. 12 THE SECRETARY: Legislative 13 Resolution, by Senator Kuhl, recognizing 14 National Agricultural Day and proclaiming March 15 20th, 1995 as National Agriculture Day in the 16 state of New York. 17 ACTING PRESIDENT KUHL: The 18 question is on the resolution. All those in 19 favor signify by saying aye. 20 (Response of "Aye.") 21 Opposed nay. 22 (There was no response.) 23 The resolution is adopted. 2408 1 Senator Bruno. 2 SENATOR BRUNO: And Mr. 3 President, there is a resolution at the desk by 4 Senator Gold. 5 ACTING PRESIDENT KUHL: There 6 is. I ask the Secretary to read the title. 7 THE SECRETARY: Legislative 8 Resolution, by Senator Gold, honoring Maurice 9 Lowinger, guest of honor at the Council of 10 Jewish Organizations of Borough Park Annual 11 Awards Dinner. 12 ACTING PRESIDENT KUHL: Question 13 is on the resolution. All those in favor 14 signify by saying aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (There was no response. ) 18 The resolution is adopted. 19 Senator Bruno. 20 SENATOR BRUNO: Mr. President, 21 there is a resolution at the desk by Senator 22 Holland. May I ask that it be read in its 23 entirety and adopted. 2409 1 ACTING PRESIDENT KUHL: Secretary 2 will read the resolution in its entirety. 3 THE SECRETARY: By Senator 4 Holland, Legislative Resolution honoring Mary G. 5 Loeffler, upon the occasion of her designation 6 for special honor on March 20th, 1995. 7 WHEREAS, individuals who give of 8 their time and energies and serve the best 9 interests of their communities are an asset 10 beyond remuneration and cannot be sufficiently 11 extolled, and 12 WHEREAS, Mary G. Loeffler has 13 given not only of her time and energies but also 14 of her competence, intelligence and leadership 15 and consequently has been designated for special 16 honor; and 17 WHEREAS, Mary G. Loeffler will be 18 honored on March 20th, 1995 with the J. Daniel 19 Mahoney Award; and 20 WHEREAS, Mary G. Loeffler was 21 chosen recipient of the J. Daniel Mahoney Award 22 for her enduring commitment and dedication to 23 the Conservative Party, its philosophy and its 2410 1 goals; and 2 WHEREAS, a committed community 3 activist, Mary G. Loeffler actively and 4 efficaciously served the P-TA for 12 years, the 5 Girl Scouts, Boy Scouts, Catholic Big Sisters 6 and the American Cancer Society; and 7 WHEREAS, Mary G. Loeffler has 8 been called upon to contribute her time and 9 talents to countless civic and charitable 10 endeavors and has always given of herself 11 unstintingly; and 12 WHEREAS, throughout the entire 13 period of her community service, a period of 14 constructive involvement, Mary G. Loeffler has 15 stood constant in dignity, good grace and humor; 16 and 17 WHEREAS, with her throughout have 18 been her family, all of whom feel privileged to 19 be part of her life and rejoice in her 20 achievements; and 21 WHEREAS, rare indeed is the 22 impressive dedication shown by an individual for 23 the benefit of others which Mary G. Loeffler has 2411 1 displayed throughout her life, 2 NOW, THEREFORE, BE IT RESOLVED 3 that this legislative body pause in its 4 deliberations to honor Mary G. Loeffler upon the 5 occasion of her designation for special honor on 6 March 20th, 1995, and 7 BE IT FURTHER RESOLVED that a 8 copy of this resolution, suitably engrossed, be 9 transmitted to Mary G. Loeffler. 10 ACTING PRESIDENT KUHL: The Chair 11 recognizes Senator Holland on the resolution. 12 SENATOR HOLLAND: As you heard, 13 Mr. President, Ms. Loeffler is being honored 14 with the J. Daniel Mahoney Award by the 15 Conservatives tonight. Mary has been a good 16 friend for many, many years. She's also been a 17 good friend to us all. She's active in the 18 community, as you all heard. But what you 19 didn't hear, she's recovered from cancer, but 20 even though that happened to the lady, she kept 21 working for the community and the groups in the 22 community right through that. 23 She is an honor to have in 2412 1 Rockland County. I cherish her as a friend and 2 I know she will continue to work hard for 3 everybody for as long as we're both here, and I 4 congratulate you on your award tonight, Mary. 5 ACTING PRESIDENT KUHL: The Chair 6 recognizes Senator Maltese. 7 SENATOR MALTESE: Mr. President, 8 I second what my colleague, Joe Holland, has 9 said about Mary Loeffler. Knowing her for so 10 many years, knowing of her dedication, 11 dedication to principles, her high ideals, her 12 high standards that she's adhered to, the fact 13 that, as a woman, she has done so much for her 14 community, for the members of the Rockland 15 County Conservative Party, that she's worked so 16 closely with other officers in the party, she 17 truly exemplifies the spirit in which the award 18 was named the J. Daniel Mahoney Award. 19 I'm proud to know her. I'm proud 20 to second the resolution honoring this great 21 lady. 22 ACTING PRESIDENT KUHL: The 23 question is on the resolution. All those in 2413 1 favor signify by saying aye. 2 (Response of "Aye.") 3 Opposed nay. 4 (There was no response. ) 5 The resolution is unanimously 6 adopted. 7 Mary Loeffler, on behalf of 8 Senator Bruno, Senator Maltese, Senator Holland 9 and all of the members of the chamber, thank you 10 so much for coming and sharing this little piece 11 of your life with us. Keep up the good work. 12 It's wonderful having you with us. 13 (Applause) 14 Senator Bruno, are you ready for 15 the calendar, sir? 16 SENATOR BRUNO: Yes, Mr. 17 President. Can we now take up the 18 non-controversial calendar? 19 ACTING PRESIDENT KUHL: Secretary 20 will read the non-controversial calendar. 21 THE SECRETARY: On page 11, 22 Calendar Number 69, by Senator LaValle, Senate 23 Print 1032, an act to amend the Education Law, 2414 1 in relation to the definition of income for 2 determining the amount of awards. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 53. 11 ACTING PRESIDENT KUHL: The 12 bill's passed. 13 THE SECRETARY: Calendar Number 14 92, by Senator Holland, Senate Print Number 281, 15 an act to amend the Tax Law, in relation to 16 providing for business tax credits. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 7. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 2415 1 THE SECRETARY: Ayes 53. 2 ACTING PRESIDENT KUHL: The 3 bill's passed. 4 THE SECRETARY: Calendar Number 5 151, by member of the Assembly A. Greene, 6 Assembly Print 2463, an act to amend the Banking 7 Law, in relation to banking records. 8 ACTING PRESIDENT KUHL: Secretary 9 will read the last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect on the 30th day. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 53. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 168, by Senator Kuhl, Senate Print 1716. 20 SENATOR PATERSON: Lay aside. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside for the day. 23 Senator Bruno, that completes the 2416 1 non-controversial and the controversial 2 calendars. 3 SENATOR BRUNO: Mr. President, 4 can we now return to reports of standing 5 committees and hear the report of the Finance. 6 ACTING PRESIDENT KUHL: Secretary 7 will read. 8 THE SECRETARY: Senator Stafford, 9 from the Committee on Finance, offers up the 10 following nominations: Member of state Board of 11 Parole, Brian D. Travis of Garrison, New York. 12 ACTING PRESIDENT KUHL: Senator 13 Bruno. 14 SENATOR BRUNO: Mr. President, 15 can we now move the nomination of Brian D. 16 Travis as chairman of the state Parole Board. 17 ACTING PRESIDENT KUHL: Senator 18 Nozzolio, on the nomination. 19 SENATOR NOZZOLIO: Thank you, Mr. 20 President, my colleagues. 21 As chairman of Crime and 22 Corrections Committee, I have had the distinct 23 pleasure of discussing this nomination with the 2417 1 nominee, and I have the great pleasure to inform 2 my colleagues that Brian Travis is a man very 3 experienced in the skills that are very 4 important to the criminal justice system and its 5 workings, has been trained throughout his 6 professional career in the workings of parole, 7 probation, that he comes extremely well 8 recommended from those organizations of which he 9 has been a member and which are dealing very 10 closely with these critically important issues. 11 I was extremely impressed with 12 Brian Travis' grasp of these matters and very 13 clearly believe he should get our full support 14 and commendation. 15 What I'd like to do is defer the 16 balance of my time, Mr. President, to Senator 17 Vin Leibell, who would like to speak on this 18 nomination. 19 ACTING PRESIDENT KUHL: The Chair 20 recognizes Senator Leibell, on the nomination. 21 SENATOR LEIBELL: Thank you, Mr. 22 President. Thank you, Senator Nozzolio. 23 Over the last few weeks we have 2418 1 seen our new Governor, George Pataki, submit to 2 us numerous names for our consideration, and I 3 might note that he has submitted to us a most 4 excellent list for our deliberation, of 5 admitting women well qualified for public 6 service. 7 I'm very pleased to have a couple 8 of minutes this afternoon to speak about Brian 9 Travis. Some weeks ago, I received a phone call 10 from the State Police doing a background inves 11 tigation as they do with all the nominees, and I 12 was asked my thoughts about Brian Travis who I 13 have known for many, many years. 14 Brian is coming to us today with 15 his nomination to serve as member of the state 16 Board of Parole and as chairman. We could not 17 find a better qualified person for this position 18 in New York State. He comes to us with a long 19 career of public service. He comes to us with 20 an educational background which well fits him to 21 serve in this position: A Bachelor's degree in 22 psychology from Syracuse University, a Master's 23 degree in criminal justice from John Jay College 2419 1 of Criminal Justice, an employment history that 2 is long and diverse, but that well equips him 3 for the current position. 4 I should also note that he's a 5 graduate of the F.B.I. National Academy where 6 he's received a certificate of criminal justice 7 education. 8 I'd like to just briefly note his 9 record, his background, where he served in the 10 Putnam County Probation Department, my home 11 county, as Director of Probation; where he 12 served as Commissioner of the Putnam County 13 Conditional Release Commission; where he served 14 as vice-chairman of our Alternatives to 15 Incarceration Advisory Board. 16 I would also note that he 17 currently serves as an adjunct professor at the 18 College of New Rochelle, teaching criminal 19 justice and probation and parole. He served in 20 the Bronx as a New York -- with the New York 21 State Division of Parole as a field parole 22 officer. He has served at Sing Sing 23 Correctional Facility as an institutional parole 2420 1 officer; that he was a supervising probation 2 officer in Putnam County from January 1984 3 through 1986. He's also served in the Dutchess 4 County Probation Department as a probation 5 officer for a number of years. 6 I had the good fortune as a young 7 prosecutor and as county attorney of Putnam 8 County, to know this fine individual. I can 9 honestly tell you that I don't know of anybody 10 in public life who has greater commitment or 11 greater integrity. I am very pleased to count 12 him as one of my very dear and close friends, 13 but more importantly in front of this body, I'm 14 most pleased to move the nomination of a person 15 who brings these sorts of credentials and 16 background to state government. 17 I believe, my colleagues, you 18 will find he will be a great asset. I salute my 19 former colleague, our Governor, George Pataki, 20 for an excellent choice. 21 ACTING PRESIDENT KUHL: The Chair 22 recognizes Senator Abate, on the nomination. 23 SENATOR ABATE: I, too, rise to 2421 1 support the nomination of Brian Travis. When I 2 was a Commissioner of Probation in New York 3 City, I also had the privilege of working with 4 Brian when he was the Director of Probation in 5 Putnam County. He will not just be a bureau 6 crat, running the Division of Parole for the 7 state of New York. He has the vision; he has 8 the commitment. 9 He has enormous experience in the 10 field of criminal justice. He worked as an 11 institutional parole officer as well as a field 12 parole officer. His knowledge of probation, his 13 knowledge of correction, I believe he's an ideal 14 candidate because he will have a vision, a great 15 understanding for what the complexities of 16 parole are. He understands that parole must be 17 about public safety and surveillance, but he 18 also understands that people on parole need 19 supervision and any other kinds of social 20 services. 21 So I, too, am very pleased with 22 this nomination. I think he will serve the 23 state of New York with distinction, and I look 2422 1 forward to working with him over the coming 2 years. 3 ACTING PRESIDENT KUHL: The 4 question is on the nomination of Brian D. Travis 5 of Garrison, to be a member of the state Board 6 of Parole. All those in favor signify by saying 7 aye. 8 (Response of "Aye.") 9 Opposed nay. 10 (There was no response. ) 11 The nomination is confirmed. 12 We're happy to be joined by Brian D. Travis, his 13 wife Theresa, here in the chamber. Brian, 14 congratulations. We look forward to working 15 with you. Good luck. 16 (Applause) 17 ACTING PRESIDENT KUHL: The Chair 18 recognizes Senator Bruno. 19 SENATOR BRUNO: Mr. President, 20 could we now move the nomination of Bernadette 21 Castro as Commissioner of Parks and Recreation 22 and Historic Preservation. 23 ACTING PRESIDENT KUHL: Senator 2423 1 Bruno, I'll ask the Secretary to read the report 2 from the Senate Finance Committee. 3 THE SECRETARY: Senator Stafford, 4 from the Committee on Finance, offers up the 5 following nomination: Commissioner of Parks, 6 Recreation and Historic Preservation, Bernadette 7 Castro, of Lloyd Harbor, New York. 8 ACTING PRESIDENT KUHL: Senator 9 Bruno moves the nomination. 10 The Chair recognizes Senator 11 DeFrancisco, on the nomination. 12 SENATOR DeFRANCISCO: Thank you, 13 Mr. President. 14 I'm very pleased to rise in 15 support of the nomination of Bernadette Castro 16 for Commissioner of Parks and Recreation. You 17 know, her life, I think, demonstrates what we 18 all know as the true American dream. If you 19 look at her resume and look at the situation 20 that her family was in when they first came to 21 this country and to see how far the family has 22 risen over the years, it's truly what we would 23 want to have everyone to be able to participate 2424 1 in. 2 Her mother worked on a dairy 3 farm, her father did not speak English and 4 learned to speak English at night school, but 5 was industrious enough to start a company that 6 became an excellent company that employed many, 7 many individuals and provided a prosperity for 8 not only the family but all those associated 9 with that business. 10 Bernadette received her 11 Bachelor's degree from the University of Florida 12 in broadcast journalism, and a Master's degree 13 where she was Phi Beta Kappa. In fact, she 14 became the first woman ever to receive the 15 University's distinguished alumnus award in 16 1985. 17 She became the Executive 18 Vice-President of Castro Convertibles and served 19 in that position for 16 years and in 1991 became 20 chief executive officer and was -- participated 21 in a successful sale of that business where she 22 became a member of the board of directors of the 23 purchasing corporation. 2425 1 She's married and has four 2 children who are continuing that American 3 dream. 4 I first met her in her campaign 5 last year as she was running for the United 6 States Senate. Many thought that that was a 7 desperate attempt by someone who was put in a 8 position that maybe she would regret because of 9 the uphill battle that she had, but the minute I 10 met her I truly understood what a great person 11 she was, a person of character and integrity and 12 a person that would never say die, and she did a 13 great job in the campaign and she impressed an 14 awful lot of people, including the Governor-to 15 be of the state of New York who saw those 16 attributes and wanted Bernadette Castro as part 17 of his team. 18 A person who is well equipped in 19 the business arena then would bring into 20 government the same principles that she followed 21 in making sure that her business was a great 22 success. Her theory in government is to make 23 sure that we treat people like they're customers 2426 1 of the business because they're the ones that 2 we're serving, and that's the type of philosophy 3 that all government officials should have. 4 Her description of life is kind 5 of interesting. I really think it's important 6 to read it. It's very short. "I want to make 7 every day count. I need to give myself back to 8 the community and make a difference. I've spent 9 my life trying to succeed as a mother and a 10 businesswoman and now I want to spend my time 11 giving back to the people who need my help." And 12 she's going to give back to the people who need 13 her help. She's already started, and she's 14 going to be a great Commissioner of Parks and 15 Recreation, and I'm proud to move the nomination 16 of Bernadette Castro as Commissioner of Parks 17 and Recreation. 18 ACTING PRESIDENT KUHL: The Chair 19 recognizes Senator Goodman on the nomination. 20 SENATOR GOODMAN: Mr. President, 21 it's a special privilege and a pleasure today to 22 speak on behalf of Bernadette Castro. This is a 23 truly remarkable lady who made a mark in her 2427 1 very early years having appeared as a four-year 2 old youngster as the centerpiece of a superb 3 commercial campaign on behalf of Castro 4 Convertibles. Not since Shirley Temple stunned 5 the American public with her glorious presence 6 in such movies as Heidi has the public been more 7 pleased by the presence on the screen of a 8 bumptious and delightful youngster, attractive 9 and articulate, and well able to send forth a 10 message on the merits of an outstanding product 11 which I dare say many of us have enjoyed in our 12 homes and even in our college dormitory. 13 The Castro Convertible was a 14 unique piece of furniture which was both a 15 lovely couch and also a very comfortable bed 16 upon which guests could rest with a blissful 17 sleep. 18 I'm delighted to say to you that 19 Bernadette Castro has proven herself to be a 20 lady of remarkable attributes during her 21 campaign for the United States Senate. In her 22 debates against a highly respected member of the 23 United States Senate, she more than held her 2428 1 own, reflecting great flexibility, an enormous 2 grasp of issues and a capacity for that grasp of 3 issues which won her very many admirers in her 4 great and useful campaign in which she stuck to 5 the issues and made it clear to the public that 6 she was not only a star as a youngster but 7 continued to have that star quality as an 8 adult. 9 Let me say that this is a 10 remarkable woman, almost a Renaissance woman. 11 She has four children one of whom is an 12 assistant district attorney, several of whom 13 have distinguished themselves in their own 14 right. She is married to a gentleman who is a 15 very well respected professor of surgery at New 16 York Hospital-Cornell Medical Center. 17 She has a magnificent home, to 18 which a number of us have had the pleasure to be 19 invited, on Long Island, which reflects her very 20 great capacity to preside over a great household 21 with exquisite taste. 22 But, Mr. Chairman, let me say 23 that running the Parks Department of the state 2429 1 poses very special challenges. The parks are 2 places where people of all walks of life can go 3 to seek recreation and relief from the strains 4 of contemporary society. 5 It is imperative that there be 6 someone who directs this operation who has 7 sensitivity to people, who cares about people 8 and who loves to -- and derives her happiness 9 from making other people comfortable and happy. 10 May I say, Mr. President, that in Bernadette 11 Castro we have an ideal amalgam of these 12 qualities. She is a star in every way, and I 13 think the Governor is to be complimented for 14 having selected her to run this particular very, 15 very important job for the pleasure of many New 16 Yorkers. 17 Mr. President, the parks will be 18 better places under the stewardship of this 19 outstanding leader, and I commend her to the 20 entire chamber for its unanimous support on this 21 felicitous day. 22 ACTING PRESIDENT KUHL: The Chair 23 recognizes Senator Stafford on the nomination. 2430 1 SENATOR STAFFORD: Mr. President, 2 I was going to talk about all of the candidates, 3 so I decided I would talk at the time we were 4 considering the one in the middle, Mrs. Castro. 5 Today, after 30 years here in the 6 Senate, three candidates came before the Senate 7 committee as well prepared, as committed and as 8 thorough as I have ever seen. Now, you'll have 9 to get the message to the chairman of the Parole 10 Board, Brian Travis, because I think he left, 11 but I want to emphasize we were proud. They had 12 complete knowledge of their subject matter. You 13 could see that they had a concern for people. 14 When they were asked questions, they thought and 15 they realized what the ramifications were. 16 We certainly commend Governor 17 Pataki for three fine appointments. I 18 apologize, Mr. President, for talking about all 19 three when I'm supposedly talking about one, but 20 I know they understand and, if we can have 21 candidates come before us that make the 22 impression that they made on everyone, we are 23 indeed a fortunate people. The Governor has 2431 1 made fine appointments, and New York State is 2 better for it. 3 ACTING PRESIDENT KUHL: Senator 4 Tully on the nomination. 5 SENATOR TULLY: Thank you, Mr. 6 President. 7 Bernadette Castro is a modern 8 role model of daughter, mother, wife and 9 corporate executive. Her business and academic 10 credentials have already been mentioned, so I 11 will not be redundant. Suffice it to say that 12 they are extensive and glittering. 13 As acting commissioner, she has 14 attempted to personally traverse this state to 15 visit the almost 200 parks and historic sites in 16 our Empire State. She is a doer and she will 17 make us proud. I am pleased to second her 18 nomination. 19 ACTING PRESIDENT KUHL: Senator 20 Maltese on the nomination. 21 SENATOR MALTESE: Mr. President, 22 I'm proud to second the nomination of Bernadette 23 Castro. The prior speakers, my good colleagues, 2432 1 have told us a great deal about Bernadette and 2 about her attributes and her being a role model 3 as a wife, a mother, a businesswoman. 4 I think also I must comment on 5 the fact that she is certainly a role model as 6 the Renaissance woman of Italian-American 7 descent. Her father, Bernadette, who founded 8 the business that is so famous now and 9 worldwide, was an upholsterer, as my father was, 10 and she was the daughter of immigrants and came 11 up, in effect, the hard way and yet she has a 12 business sense that has persevered and 13 excelled. But it isn't only in that that she 14 has shown the type of woman that she is. It's 15 by giving so much of her time and effort and 16 dedication to charitable enterprises in all 17 walks, religious, ethnic, Italian-American, 18 community, civic, to which she has been 19 unstinting and generous to the extreme. 20 We are very proud to have her 21 named by the Governor, and I am proud to second 22 the nomination of Bernadette Castro and 23 congratulate her and her family. 2433 1 ACTING PRESIDENT KUHL: Senator 2 Rath on the nomination. 3 SENATOR RATH: Thank you, Mr. 4 Chairman. 5 I rise as do my colleagues, as 6 have many of my colleagues, to second the 7 nomination of Bernadette Castro. I came to know 8 Bernadette as she was on the campaign trail and 9 many of my other colleagues who have spoken have 10 been from downstate. They know Bernadette in a 11 different way and a different place, but over a 12 month in New York and I got to know Bernadette 13 and then came to find that she was going to be 14 the Commissioner of Parks and Recreation. I 15 said, "Bernadette, we've got a lot of parks over 16 here in western New York. We need to have you 17 come over very soon and see what we have." 18 Think of the size of the Allegheny State Park 19 coupled with the Niagara Reservation and the 20 importance of tourism in the Niagara Falls area, 21 the great gorge to the east, Letchworth State 22 Park. 23 One of the first things 2434 1 Bernadette did was to go to western New York, go 2 to the parks, talk to the people and get to know 3 about our concerns, and coupled with her lively 4 enthusiasm for her new role and her healthy 5 respect for the taxpayer's dollar, we know 6 you're going to be one of the great parks 7 commissioners of all time. 8 I'm happy to second the 9 nomination and congratulate the Governor on your 10 appointment. 11 ACTING PRESIDENT KUHL: Senator 12 Oppenheimer, on the nomination. 13 SENATOR OPPENHEIMER: I'd like to 14 thank Bernadette Castro down here for having met 15 with me several times, and I must say she's a 16 very bright and a very charming, enthusiastic 17 woman, and I think she's going to bring a lot of 18 gifts and a lot of interest to -- to Parks and 19 Rec' and Historic Preservation. 20 I must say that her interest so 21 far has demonstrated itself in the brief time 22 that I have known Bernadette Castro which is 23 just from our first meeting together, our fourth 2435 1 or so. She has mastered -- she has been such a 2 quick study, and has learned so much about this 3 business that she's about to be named 4 commissioner, and that I am very enthusiastic 5 about the future of our parks and our historic 6 preservation and look forward to the good works 7 that she is going to do. 8 Congratulations. 9 ACTING PRESIDENT KUHL: Senator 10 Seward, on the nomination. 11 SENATOR SEWARD: Thank you, Mr. 12 President. 13 I also would like to rise and add 14 my voice in support of the confirmation of 15 Bernadette Castro to be our Commissioner of 16 Parks, Recreation and Historic Preservation. I, 17 like so many New Yorkers, became very impressed 18 with Bernadette Castro during the campaign last 19 year, but after the campaign, I had the distinct 20 honor and privilege to serve with Bernadette on 21 one of the Governor's transition task force and 22 during that experience, I got to know Bernadette 23 best, and I can tell you my impressions were 2436 1 certainly that she's very bright, conscientious, 2 hard working, a quick study. She's very 3 friendly, but don't let that be deceiving. 4 She's very firm in her resolve on the issues 5 that are important to her. 6 I've always considered our state 7 parks system to be one of the shining jewels in 8 our state's crown, and I know that under 9 Bernadette Castro's stewardship as commissioner, 10 that our parks system is going to become even 11 more of an important resource for our state and 12 its people; so with that thought in mind, I rise 13 to congratulate the Governor on an outstanding 14 choice and to congratulate Bernadette Castro. 15 We look forward to great things from you. 16 ACTING PRESIDENT KUHL: Senator 17 Leibell on the nomination. 18 SENATOR LEIBELL: Yes, Mr. 19 President. 20 I would like to echo the comments 21 that have been made here already this 22 afternoon. I had the chance also to meet 23 Bernadette Castro on the campaign trail, and you 2437 1 certainly got the sense during that period of 2 time that you were meeting someone who was 3 special. I had the opportunity to meet with 4 Mrs. Castro again recently in my office, and we 5 had a chance to talk about many of the issues 6 that are going to be of concern to her in her 7 new position as Commissioner and of concern to 8 my district in the mid-Hudson. 9 I was very greatly impressed with 10 her depth of knowledge, her energy and her 11 desire to see a job well done. The parks system 12 in this state is truly a jewel for this state. 13 It is something we have always prided ourselves 14 on, and I have every confidence that this system 15 is now going to be in excellent hands. 16 Thank you, sir. 17 ACTING PRESIDENT KUHL: The 18 question is on the confirmation of Bernadette 19 Castro, of Lloyd Harbor, as Commissioner of 20 Parks, Recreation and Historic Preservation. 21 All those in favor signify by saying aye. 22 (Response of "Aye.") 23 Opposed nay. 2438 1 (There was no response. ) 2 The nomination is confirmed. 3 Commissioner Castro, who is with us, congratu 4 lations on your appointment. Good luck. 5 (Applause) 6 Secretary will read. 7 THE SECRETARY: Senator Stafford 8 also hands up the following nomination: 9 Commissioner of Environmental Conservation, 10 Michael D. Zagata, of West Davenport, New York. 11 ACTING PRESIDENT KUHL: Senator 12 Bruno. 13 SENATOR BRUNO: Mr. President, I 14 now move the confirmation of Michael Zagata as 15 Commissioner of Environmental Conservation. 16 ACTING PRESIDENT KUHL: Senator 17 Tully, on the nomination. 18 SENATOR TULLY: Thank you, Mr. 19 President. 20 As chairman of the Environmental 21 Conservation Committee, I've had several 22 opportunities to speak with Mr. Zagata and to 23 discuss his vision for the Department. I share 2439 1 his goal of reaching compliance with the -- our 2 environmental laws and regulations through a 3 less adversarial relationship with the regulated 4 community. 5 I am thoroughly satisfied with 6 his commitment to achieving this goal without 7 lowering our standards or risking degradation of 8 our environment. He recognizes the need for 9 growth in this state to provide employment 10 opportunity, but is equally cognizant of the 11 ecological ability to sustain that growth. 12 Mr. Zagata enjoys support 13 throughout the state from unions, representing 14 environmental conservation officers, to trappers 15 and perhaps, most significantly, by many envir 16 onmental advocates including but not limited to 17 the New York State Conservation Council, 18 Citizens Campaign for the Environment, the 19 Audubon Council of New York State and the 20 American Wild Life Research Foundation and the 21 New York Chapter of the Wildlife Society, just 22 to name a few. 23 Mr. Zagata's educational and 2440 1 professional background well qualify him for 2 this position, and I am pleased to second his 3 nomination as Commissioner of Environmental 4 Conservation for the state of New York. 5 ACTING PRESIDENT KUHL: Senator 6 Seward, on the nomination. 7 SENATOR SEWARD: Thank you, Mr. 8 President. 9 I also would like to rise in 10 support of Michael Zagata's nomination as DEC 11 Commissioner. Even though Mike Zagata and his 12 family are technically over the county line of 13 Senator Cook's district, those of us from the 14 Oneonta area tend to claim him also as one of 15 our own because of the fact that he was 16 educated, that he taught school, coached in 17 Oneonta which is part of my district, and I just 18 want to congratulate the Governor for making an 19 outstanding selection to head an agency which 20 is, in my opinion, in deep need of common sense 21 approaches, a sensitivity to taxpayers, and the 22 business people of our state, and also in need 23 of one that would bring the conservationist 2441 1 approach to environmental protection. 2 I think it would be imprudent and 3 unfair not to mention useless, to try to wedge 4 Mike Zagata into the mold of any previous 5 commissioner at DEC. They were appointed by 6 previous governors. Our current Governor, it's 7 no secret, conducted a very lengthy and 8 exhaustive search for a commissioner and guess 9 what? He found the ideal candidate right at DEC 10 working as business ambassador at DEC. 11 And Mike Zagata is going to bring 12 his own style, his own blend of education and 13 professional experience and background to the 14 role of commissioner and the management of the 15 Department. In my mind, he's the right man for 16 this very important job for -- to head up an 17 agency that lately has been known for its iron 18 fist but minus the velvet glove. 19 Now, I, as well as I'm sure a 20 number of other colleagues, could cite numerous 21 examples of when that has been the case. But 22 Mike Zagata is going to bring a fresh approach 23 to DEC, and he's going to ensure that his deputy 2442 1 commissioners and others, personnel in the 2 agency, are going to treat the taxpayers as 3 customers. 4 He's going to insist on strict 5 environmental compliance but use enforcement as 6 only one tool to bring that about and he comes 7 to the agency at a very critical time for our 8 state. 9 First and foremost, Mike Zagata 10 is a conservationist. He has a multi-faceted 11 background in environmental issues including 12 business, academia and government. He's known 13 for negotiating solutions and for suggesting 14 creative solutions and approaches to 15 environmental problems. 16 The list goes on and on. He's 17 going to bring the bridging of the gap -- it 18 seems to me that we've seen too much in this 19 state where it's either been on one hand 20 something that's in the interest of business at 21 the expense of the environment or if you're for 22 the environment, it can't be good for business 23 and he's going to bridge those two and make it 2443 1 good for business and the taxpayers and the 2 environment in terms of our policies for New 3 York State. 4 This is something that we 5 desperately need in this state, and I rise to 6 congratulate the Governor and Mike Zagata on 7 assuming this position as well as his family who 8 are -- many of whom are with us here today. 9 ACTING PRESIDENT KUHL: The Chair 10 recognizes Senator Cook, on the nomination. 11 SENATOR COOK: Mr. President, 12 thank you. 13 I chuckled a bit when I looked 14 into the gallery and I saw Commissioner Castro 15 and Commissioner Zagata sitting next to each 16 other, because Commissioner Castro and her -- in 17 another life was traveling in my county as she 18 did apparently everybody else's, and we were 19 probably 20 miles from the home of her opponent 20 at the time, and looking here, Mike Zagata lives 21 probably within about a mile of her, which 22 places two very well known and important people 23 in the state living in very close proximity to 2444 1 each other. 2 But the important thing about 3 Mike is that here's an individual who has grown 4 up in the midst of the environment. This is not 5 someone who has either been transplanted out of 6 the concrete jungle out into the wild, as it 7 were, and is trying to take those values and 8 going to make them work in a different context, 9 but rather someone who understands the 10 environment because he has lived and worked in 11 that environment. 12 I think that this is a real 13 breath of fresh air. We have all too much and 14 all too often seen a department where regulation 15 seems to have been the entire purpose for their 16 existence, where they seem to have lost track of 17 their real purpose, which is to maintain a 18 strong environment and a good environment, but 19 also to let people do those things that they 20 need to do to make this a prosperous state. 21 I think that balance, as Senator 22 Seward has indicated, is the important thing 23 that we have to have in the Department. I think 2445 1 that the ideal person has been appointed to 2 fulfill that responsibility, and I'm very 3 pleased to also rise in support of Michael 4 Zagata's appointment by the Governor. 5 ACTING PRESIDENT KUHL: The Chair 6 recognizes Senator Leichter on the nomination. 7 SENATOR LEICHTER: Thank you, Mr. 8 President. 9 I support this nomination. I've 10 had the occasion to meet with Mr. Zagata. I've 11 heard him in the EnCon Committee, heard him in 12 the Finance Committee. He is clearly well 13 versed in issues coming before the Department. 14 He has a very substantial background in the 15 field of environmental conservation. He's been 16 on both sides, if you will, of issues affecting 17 the environment, both environmentalists as well 18 as business. He is very articulate. I think he 19 clearly will be a good spokesperson for the 20 Department. 21 Having said that, let me just 22 raise some caution that I have about the 23 direction of the Pataki administration on the 2446 1 environment, and I want to put it in the context 2 of some of the remarks I heard by Senator Cook 3 and Senator Seward. 4 I think there's a perception that 5 the Department has been very hostile to business 6 interests and I don't want to say that the 7 Department has handled situations involving 8 business well. I think certainly the matters of 9 delay in permitting, and so on, are really quite 10 inexcusable. But we have a grave responsibility 11 of protecting the environment. That's not only 12 necessary for the health of New York as it's 13 necessary for our economic welfare, and this 14 idea that, well, if you tell business to do 15 something where it's necessary for the 16 environment but costly to your business, that, 17 therefore, you're anti-business, just is not the 18 case, and there are going to be conflicts, and I 19 want to refer to one of these conflicts. 20 Our new Commissioner likes to use 21 the expression win/win. He uses it a lot, and 22 there are situations that are win/win, but there 23 are also situations where you've got to make a 2447 1 decision and one of those situations, Senator 2 Cook, deals with the New York City watershed, 3 whether New York City is going to continue to 4 have good drinkable water, whether Westchester 5 is going to have good drinkable water or whether 6 we're going to have to go to filtration and 7 spend billions of dollars in building filtration 8 plants which would have a devastating financial 9 impact not only on the city of New York but on 10 the state of New York. 11 Now, we read in the paper that 12 DEC, in the last few days, sent a letter to the 13 city of New York which would make it impossible 14 for the city to meet one of the requirements 15 imposed upon it by the Environmental Protection 16 Administration when EPA said, "O.K., we'll give 17 you three years, three years to avoid filtration 18 but you've got to do certain things," and one of 19 those things is to buy 80,000 acres of land in 20 the watershed, 10,000 by June, and if that isn't 21 done, you filtrate and, if you filtrate, besides 22 that economic burden on the state and the city 23 that I talked about, what it's going to do to 2448 1 the water metering rate of Senator Marchi's 2 constituents and Senator Maltese's and other 3 people throughout the city of New York will just 4 be devastating. 5 So it's a real problem that's 6 going to take a lot of leadership, and I hope 7 that the new Commissioner, and I expect the new 8 Commissioner will take leadership; but it's not 9 an issue that you can necessarily resolve on 10 win/win where everybody is going to be happy. 11 You're going to have to make some tough 12 decisions, and they're going to be times when 13 you may have to say to a business or to a 14 developer, "You can't do it because it's bad for 15 the environment. It places people at risk. If 16 you go ahead with that development, you may end 17 up impairing the water for the city of New 18 York. We can't let you proceed with it," and I 19 certainly hope that the Commissioner will make 20 those decisions not only in regard to the 21 watershed but in other areas too, and there are 22 going to be times, if the job is done as it 23 needs to be done, and the primary job of the 2449 1 Department is to protect the environment, 2 protect the environment, see that the problems 3 we have with air quality which is bad in most of 4 New York State, water quality which is bad in 5 many portions of the state, problems of 6 landfills, problems of hazardous waste, these 7 are the things that need to be addressed if the 8 health of New Yorkers is going to be protected. 9 So I very much urge Commissioner 10 Zagata to bring his knowledge, his skills, to 11 making the emphasis of this Department what it 12 has been to protect the environment and, in that 13 connection, let me also say because there have 14 been some disturbing stories about dismantling 15 the regulatory personnel within the Department, 16 lawyers have been fired, I understand from the 17 Commissioner that some have been rehired, that 18 others will be given a chance to be hired. 19 These are basically non-political people. These 20 are people with that know what needs to be done, 21 that have the experience, and it would be most 22 unfortunate if they were let go for political 23 reasons, or if they were let go because the 2450 1 Department was not going to carry out its 2 function and its mandate of acting where 3 necessary to protect the environment, and at 4 times that requires enforcement. 5 So having said this, I wish 6 Commissioner Zagata a lot of good luck. He'll 7 need it. It's a tough job, maybe one of the 8 toughest in New York. I remember years ago it 9 used to be one of the easiest jobs. Everybody 10 wanted to be Commissioner. All you had to worry 11 about was somebody maybe shooting a deer out of 12 season. 13 Now, you're faced with the most 14 perplexing problems that our society faces, but 15 I have every expectation and hope that 16 Commissioner Zagata will provide the leadership 17 this Department needs. 18 Thank you. 19 ACTING PRESIDENT KUHL: The Chair 20 recognizes Senator Farley, on the nomination. 21 SENATOR FARLEY: Thank you, Mr. 22 President. 23 Let me begin by congratulating 2451 1 Commissioner Castro, a remarkable woman, on 2 being Commissioner of Parks, Recreation and 3 Historic Preservation. I know that she'll be an 4 outstanding Commissioner. 5 Let me just say that, as the 6 former chairman of the Environmental 7 Conservation Committee, and somebody that has 8 been involved with -- over 20 years of 9 confirming Commissioners of the most difficult 10 job in the state government in my judgment, and 11 the one that seems to get the most controversy 12 and problems involved, I've never seen anybody 13 that has been more qualified than Michael 14 Zagata. 15 It is with enthusiasm, Michael, 16 that I stand here to second your nomination 17 because I'm confident that you're going to bring 18 a whole new era to the DEC and one that will - 19 that this state has really needed for a long 20 time. 21 I look forward to your tenure. 22 I'm pleased to support you, and I congratulate 23 the Governor on this outstanding choice. 2452 1 ACTING PRESIDENT KUHL: The Chair 2 recognizes Senator Oppenheimer, on the 3 nomination. 4 SENATOR OPPENHEIMER: Thank you 5 very much. 6 When we're talking about where 7 people live or came from, some of the Senators 8 made reference to the proximity to their home 9 districts. I should be noting, though it isn't 10 who I'm speaking on now, but it should be noted 11 that Bernadette Castro was brought up on the 12 same peninsula on which I live, Oriente Point in 13 Mamaroneck. But I am here to talk about our 14 nominee for the DEC. 15 There's concern around the state 16 about the direction DEC will be taking under 17 this administration. There have been newspaper 18 articles, filings, diversion of the $18.5 19 million that was slated to go into our EPF, our 20 Environmental Protection Fund, and just a 21 general concern that DEC will not protect our 22 environment and our health. 23 Through the confirmation process 2453 1 many of us have questioned Commissioner designee 2 Zagata on a variety of key environmental 3 issues. I have been impressed with his concern 4 and the commitment he has made on a number of 5 issues. We have spoken together now perhaps a 6 half a dozen times, and I feel that he will be 7 open to input from individuals that come from a 8 variety of different prespectives. 9 He has pledged to move DEC in the 10 right direction. His leadership and resolve 11 will truly be tested in trying to balance 12 competing views. I might mention on the floor 13 here that it is those states in our nation that 14 seem to have the strongest environmental 15 regulation that also have the strongest economic 16 development and economies. 17 So the two do not -- indeed the 18 two should never be separated. We are seeking 19 economic development, but we are seeking it with 20 environmental protection. 21 Ultimately, his responsibility as 22 DEC Commissioner is to protect the environment. 23 He has indicated that this is his primary goal. 2454 1 I very much appreciate his working with us in 2 the confirmation process, and I look forward to 3 working with him at DEC as -- towards that end. 4 I must report that I have a more 5 positive sense about the nominee himself than I 6 do about the administration's plans and 7 priorities for DEC. I hope the nominee will win 8 those battles and lead this agency and reverse 9 the disturbing trend that I have seen at DEC 10 since January. 11 I vote yes, and I wish our new 12 Commissioner the very best. Happy to be working 13 with you. 14 ACTING PRESIDENT KUHL: The Chair 15 recognizes Senator Marchi, on the nomination. 16 SENATOR MARCHI: Mr. President, 17 Senator Stafford, I think, sounded a common note 18 when he observed that each of the nominees today 19 in a most splendid fashion really presented in 20 each and every case thorough preparation, 21 thorough backgrounds and all the indicias of 22 sterling performance of things to come. 23 Certainly Michael Zagata has had 2455 1 an -- he is in a state where distinguished 2 people have preceded him, but he brings 3 qualities and experience, I think, that augurs 4 well, but most importantly his attitude. 5 Senator Seward referred to the win/win principle 6 and I know Senator Leichter very properly 7 pointed out that, with that, we also have to 8 have a determination to protect those legitimate 9 concerns that we have, and I think that Senator 10 -- that it would be corrosive and undermine a 11 win/win situation if a Commissioner were less 12 than zealous about protecting those basic 13 concerns in a firm but unmistakable manner. 14 On the other hand, I come from a 15 community where, well, we have over -- I hope 16 you hear me -- 50 percent of the solid waste 17 disposal in my Staten Island. It's over 50 18 percent of all the solid waste that is collected 19 in the state of New York ends up in this one 20 vast potentially ecological disaster, and we 21 desperately need the kind of feeling that Mr. 22 Zagata, Commissioner Zagata exemplifies. 23 I remember Jim Buckley, when he 2456 1 ran in 1966, shared with me the -- why he was 2 running. He didn't expect to win, but he 3 thought he might sensitize the public to 4 ecological and environmental concerns. The 5 public was not that interested then and midway 6 during his campaign, he shifted to other 7 objectives, but -- and in reviewing the 8 nominee's background, we see here a steady 9 progression of academic excellence, executive 10 ability, administrative ability, a whole 11 composite of preparations that augur so well and 12 reflect great credit on the nomination made by 13 the Governor to this important office. 14 So all of these factors, I think, 15 engender great, great hopes that the missionary 16 is going to be there and he's going to enlist 17 and elicit the positive response which is 18 indispensable, I think, to a sensitivity to 19 treating the environment with respect and at the 20 same time making it user friendly in a most 21 enlightened way. 22 I notice that you've had an 23 experience at the Darden School, but we did it 2457 1 at different times, and I'm sure you will agree 2 that that was a most rewarding experience there 3 at the University of Virginia. 4 In any event, to come back to the 5 point made by our distinguished chairman here, 6 these are excellent nominees and, on this note, 7 I know that we will have a very, very strong 8 supportive indication from this body wishing the 9 Commissioner-to-be the best of luck. 10 ACTING PRESIDENT KUHL: The Chair 11 recognizes Senator Wright, on the nomination. 12 SENATOR WRIGHT: Thank you, Mr. 13 President. 14 I, too, would like to take a 15 moment to extend my congratulations to 16 Commissioner Castro. I think it's only fitting 17 that we should be confirming both Parks and 18 Recreation and EnCon on this day together since 19 I think it's essential that both agencies spend 20 a great deal of time over the next 21 administration working together on many of those 22 common issues. 23 I also rise to support the 2458 1 confirmation of Commissioner Zagata. I found it 2 very refreshing to find a commissioner who is 3 actually carrying a fishing license which, in my 4 part of the state, is a credential that's 5 extremely important to many of our 6 constituents. Equally important, when I had the 7 occasion to engage the commissioner designee in 8 some of the issues affecting our area of the 9 state, the North Country region, affecting the 10 fishing community, he was not only knowledge 11 able, he was very conversant in those issues, 12 but I think that's critical, and my constituents 13 think it's critical to restoring the balance 14 that's essential to a Department of 15 Environmental Conservation. 16 It is not simply a regulatory 17 agency, but it is an agency that has a 18 responsibility for stewardship and fostering 19 issues of conservation. Those are issues my 20 constituents understand. Those are issues that 21 we believe the Commissioner understands and 22 we're looking forward to working with this new 23 Commissioner to restore a balance to the 2459 1 Department of Environmental Conservation, not to 2 sacrifice our environmental objectives because I 3 do not believe the Commissioner is interested in 4 doing that, but to truly restore a balance to 5 what we believe is an important natural resource 6 in this state. 7 So I, too, look forward to 8 confirming Commissioner Zagata here. 9 Thank you. 10 ACTING PRESIDENT KUHL: Chair 11 recognizes Senator Hoffmann on the nomination. 12 SENATOR HOFFMANN: Thank you, Mr. 13 President. 14 I'm delighted to rise and speak 15 in favor of these two excellent nominees. I've 16 had the pleasure of meeting both Miss Castro and 17 Mr. Zagata in my office over the past several 18 weeks, and I was impressed with the great 19 knowledge of the post that they're about to 20 assume and also with the very specific 21 information that they had studied, no doubt on a 22 very quick time line to be familiar with the 23 issues of interest in our specific districts 2460 1 and, like Senator Wright, I was pleased at the 2 knowledge of issues like Green Lakes Park in 3 central New York that Commissioner Castro 4 demonstrated, and I was very pleased to hear 5 that Mr. Zagata holds a fishing license, also 6 that he is an avid sportsman who hunts and 7 equally important, perhaps most important of all 8 for me and for my constituents, that he 9 understands first hand the problems of 10 agriculture. 11 It's been a long time since I've 12 sat down with a nominee for any state agency and 13 had a good earnest conversation about slurry and 14 the finer points of manure storage, and this is 15 a commissioner who understands not only what it 16 is, but why it's important in New York State. 17 Having grown up on a dairy farm, pre-automatic 18 milking days, he is well versed in the 19 intricacies of farming, and he understands the 20 tremendous burden that some environmental 21 regulations have imposed in the past upon New 22 York State's number one industry. 23 So I am very heartened by the 2461 1 enthusiasm that both of these individuals have, 2 and I am continually in amazement at the great 3 willingness to sacrifice personal lives and 4 family obligations to do what is, frankly, an 5 impossible job in running any state agency in 6 New York State. 7 So I wish both Commissioner 8 Castro and Commissioner Zagata well as they 9 undertake their awesome responsibilities. 10 ACTING PRESIDENT KUHL: Is there 11 any other Senator wishing to speak on the 12 nomination? 13 Hearing none, the question is on 14 the nomination of Michael D. Zagata, of West 15 Davenport, to the position of Commissioner of 16 Environmental Conservation. 17 Senator Cook. 18 SENATOR COOK: Mr. President, to 19 explain my vote. 20 ACTING PRESIDENT KUHL: Senator 21 Cook, to explain his vote. 22 SENATOR COOK: Mr. President, 23 this is a rather unusual procedure, but Senator 2462 1 Leichter, I think, involved himself in a 2 discussion of an issue which will come before 3 the Commissioner, and I can't leave his 4 statements on the record without having a 5 responsibility to it, so I'm using this device 6 for accomplishing that. 7 Senator, when you've denigrated 8 the win/win strategy relative to the watershed 9 you exactly personified the problems that we're 10 having because for New York City, there is no 11 win/win. It's you win and we lose, and that is 12 precisely the balance that we're seeking to 13 overcome. 14 Now, let me tell you something. 15 The city of New York proposed to buy 80,000 16 acres of unidentified land in the watershed, 17 unidentified land. The Department of 18 Environmental Conservation staff, to their 19 credit -- to their credit -- have recommended a 20 procedure whereby the city may identify parcels 21 of land which they perceive to be some kind of a 22 threat to their watershed, to go to an impartial 23 hearing procedure and to have some people who 2463 1 are independent of both parties make a decision 2 relative to each parcel of land as to whether it 3 ought to be acquired. 4 Now, Senator, that's a win/win 5 situation, the protection of the water; it 6 protects our land and the rights of our people 7 and that's the kind of thing that the Department 8 ought to be doing. They shouldn't be doing the 9 single-minded kinds of ways that the city of New 10 York has been trying to do and which the 11 Department of Environmental Conservation all too 12 often has been doing through the years. 13 I welcome Senator -- I welcome 14 Commissioner Zagata because I'm sure that he 15 will give us the kind of even-handed 16 consideration that we deserve and that we 17 require. 18 I vote in favor. 19 ACTING PRESIDENT KUHL: All those 20 in favor signify by saying aye. 21 (Response of "Aye.") 22 Opposed nay. 23 (There was no response. ) 2464 1 The nomination of Michael D. 2 Zagata as Commissioner of Environmental 3 Conservation is confirmed. 4 The Chair recognizes Senator 5 Bruno. 6 SENATOR BRUNO: Mr. President, 7 thank you. 8 I just want to just offer and add 9 my congratulations to the commissioners, all 10 three that we have had the responsibility here 11 of dealing with, and also suggest to my 12 colleagues that I think this procedure has been 13 representative of this chamber when we can say 14 what we have to say and have it be heard and 15 recorded, and yet the process goes forward and 16 we now have three more public servants highly 17 qualified, capable, able individuals that will 18 serve all of the people of this state. 19 So, Mr. President, and just 20 representing the Senate, I am just pleased to 21 add these three to the rolls of public servants 22 for the people of New York State. 23 Thank you. 2465 1 ACTING PRESIDENT KUHL: Thank 2 you, Senator Bruno. 3 Commissioner, congratulations. 4 We're happy to have you joined by your wife Beth 5 and also your dad down here, and his wife Jean. 6 Welcome to the chamber and good luck. 7 (Applause) 8 ACTING PRESIDENT KUHL: Senator 9 Bruno. 10 SENATOR BRUNO: Mr. President, 11 there being no further business to come before 12 the Senate, I move we stand adjourned until 13 tomorrow, Tuesday, at 3:00 p.m. 14 ACTING PRESIDENT KUHL: Without 15 objection, the Senate stands adjourned until 16 tomorrow, Tuesday, at 3:00 p.m. 17 (Whereupon, at 4:12 p.m., the 18 Senate adjourned.) 19 20 21 22