Tuesday, December 12, 1995

12478 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 December 12, 1995 11 1:35 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR BETSY McCAUGHEY, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 12479 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would everyone please rise and 4 join me in the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 In the absence of clergy today, 8 let us bow our heads in a moment of silence in 9 memory of Senator Joseph L. Galiber. 10 (A moment of silence was 11 observed. ) 12 The reading of the Journal, 13 please. 14 THE SECRETARY: In Senate, 15 Monday, December 11th. The Senate met pursuant 16 to adjournment, Senator Farley in the Chair. 17 The Journal of Friday, December 8th, was read 18 and approved. On motion, Senate adjourned. 19 THE PRESIDENT: Without 20 objection, the Journal stands approved as read. 21 Presentation of petitions. 22 Messages from the Assembly. 23 Messages from the Governor. 12480 1 Report of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Bruno. 7 SENATOR BRUNO: Madam President, 8 may we at this time adopt the Resolution 9 Calendar. 10 THE PRESIDENT: All in favor of 11 adopting the Resolution Calendar, signify by 12 saying aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (There was no response. ) 16 The Resolution - 17 SENATOR BRUNO: Madam President, 18 I believe there is a resolution in my name at 19 the desk. May I ask that the title be read at 20 this time and move its immediate adoption. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: By Senator Bruno, 12481 1 Legislative Resolution commending the Rensselaer 2 High School Rams upon the occasion of their 3 participation in the New York State Public High 4 School Athletic Association Class D 5 Championship, Carrier Dome, Syracuse, New York. 6 THE PRESIDENT: The question is 7 on the adoption of the resolution. All in favor 8 signify by saying aye. 9 (Response of "Aye.") 10 Opposed nay. 11 (There was no response. ) 12 The resolution is adopted. 13 Senator Bruno. 14 SENATOR BRUNO: I'm relieved, 15 Madam President, and may we, at this time -- I 16 believe there is another resolution by Senator 17 Hoblock that is at the desk. May I ask that we 18 read the title and move for its immediate 19 adoption. 20 THE PRESIDENT: The Secretary 21 will read. 22 THE SECRETARY: By Senator 23 Hoblock, Legislative Resolution commemorating 12482 1 the 65th Anniversary of the Macedonia Baptist 2 Church on Sunday, December 23rd, 1995. 3 THE PRESIDENT: All in favor of 4 adoption of the resolution, please signify by 5 saying aye. 6 (Response of "Aye.") 7 Opposed nay. 8 (There was no response. ) 9 The resolution is adopted. May 10 we please return -- oh, Senator Bruno. 11 SENATOR BRUNO: Madam President, 12 may we at this time return to the reports of 13 standing committees and I believe that there is 14 a report from the Finance Committee that we 15 would hear at this time. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: Senator Stafford, 19 from the Committee on Finance, hands up the 20 following nominations: 21 President of the New York State 22 Higher Education Services Corporation, Robert J. 23 Maurer, of Delmar. 12483 1 SENATOR HOBLOCK: Mr. President. 2 SENATOR STAFFORD: Mr. President, 3 I have at this time the pleasure to - 4 THE PRESIDENT: Senator Hoblock. 5 SENATOR STAFFORD: -- yield to 6 Senator Hoblock. 7 SENATOR HOBLOCK: Thank you, 8 Madam President. 9 Madam President, my colleagues, 10 it gives me great pleasure to present the 11 credentials of Robert J. Maurer for confirmation 12 to the position of President of the Higher 13 Education Services Corporation. 14 Bob is a familiar face to this 15 house and to the Senate for he began his career 16 as a member of the staff of this house back in 17 1967 and spent some ten years in various 18 capacities serving the Senate very well in areas 19 of education. He then moved to the Department 20 of Education and served for a number of years in 21 some very responsible capacities. He was last 22 an executive deputy commissioner at State Ed., 23 working very closely with the Regents, with the 12484 1 state Legislature and the Governor as well as 2 many state, national and other professional 3 associations and organizations. 4 His most recent contribution to 5 the education community was in the private 6 sector where he was president of the American 7 Corporation for Education and Training. The 8 emphasis and direction of this corporation and 9 its efforts was in the workplace training, 10 literacy, and management of education programs 11 to small and medium sized businesses and public 12 agencies. 13 It is apparent that over the last 14 almost 30 years of Bob's activity in the field 15 of education, it proves that he has a commitment 16 and a proven track record and is well suited and 17 fitted to assume this very significant and 18 important role in these very challenging and 19 trying times of helping our collegebound 20 students find ways to afford and finance that 21 college education. 22 So it gives me great pleasure to 23 place into nomination as president of the Higher 12485 1 Education Services Corporation, Robert J. 2 Maurer. 3 THE PRESIDENT: Thank you, 4 Senator Hoblock. 5 Senator? 6 SENATOR FARLEY: Thank you, Madam 7 President. 8 I'd like to rise to second the 9 nomination of Bob Maurer who is a member of the 10 Senate family that served with the late Senator 11 Conklin with such distinction, and Mr. Maurer is 12 not only a great guy but was a tremendous public 13 servant throughout his professional career and 14 it's with great pleasure and enthusiasm that I 15 support his nomination. 16 Thank you, Madam President. 17 THE PRESIDENT: Thank you, 18 Senator Farley. 19 Senator Marchi. 20 SENATOR MARCHI: Senator Farley, 21 I think, touched on one aspect that I share with 22 him, the question of rising and speaking to the 23 indisputable merits of Bob Maurer on a personal 12486 1 basis. We're not working from a script or from 2 the weight of authority or what others have said 3 or glorious testimonials that have been given 4 meritoriously on other occasions, but from 5 actual experience in sharing efforts together 6 towards common purposes, and this went on over a 7 period of years. 8 So on that basis, I feel -- I 9 feel very not only good that we're doing 10 something worthwhile here in terms of the office 11 that he will be serving, I know with 12 distinction, but also to see it on the basis 13 that I can personally experience and feel 14 because I have -- I've been a witness to the 15 enthusiasm, the warmth, and the dedication that 16 he brought to each and every effort that he 17 engaged in. 18 So I rise again to second this 19 nomination. 20 THE PRESIDENT: Thank you, 21 Senator Marchi. 22 Senator Stafford. 23 SENATOR STAFFORD: Thank you, 12487 1 thank you, Madam President. 2 The very exact words that Bob 3 Maurer said to me in 1966 back by that door, he 4 said, Do you want to do a radio tape? and I said 5 Yeah, I guess so, and he had this machine with 6 him and we were starting to have programs or the 7 tapes sent back to our districts and we really 8 felt we were doing something, let me tell you. 9 He also wrote speeches and that's 10 when a staff member would write speeches for 11 four or five people and the four or five 12 Senators and we were all working together. As 13 has been said here, Bob went through the Chair 14 so to speak and became a close confidante of 15 Senator Bill Conklin, and we all remember him so 16 well, and much of the work that's been done in 17 the arts and cultural affairs were done by Bob 18 Maurer and Bill Conklin in the beginning. 19 We could mention education. We 20 could emphasize, but I think really as we say so 21 many times, Bob's appointment here today is 22 really an example of the system working. Those 23 who have had the experience, worked hard, proven 12488 1 themselves and then been given responsibility. 2 So I, too, Mr. President, 3 certainly support Bob Maurer's nomination. I 4 commend the Governor and I want to join in 5 moving the confirmation. 6 THE PRESIDENT: Thank you. 7 Senator Tully. 8 SENATOR TULLY: Thank you, Madam 9 President. 10 I also rise to support the 11 nomination of Bob Maurer. He is a former 12 constituent of mine, Madam President, and as 13 such, he knows the downstate area. He knows the 14 education situation in the downstate area. He 15 graduated from Mineola High School in my 16 district, and he now is in Senator Hoblock's 17 district in upstate New York. He knows the 18 difference between the two, and I think that, 19 coupled with his excellent academic background, 20 his educational expertise and his cultural 21 background will serve him in good stead to go on 22 to this position. 23 Beyond that, he's also been 12489 1 someone who's also worked in the trenches of 2 reportorial work. He worked for the Long Island 3 Press, which is a former very important paper in 4 my area, and also for the New York Times. He 5 crossed swords and pens, I guess, with people 6 like Jimmy Breslin, and he has that distinction 7 of being one of the singular individuals that's 8 been before this body who has been supported by 9 both Senator Leichter and Senator Tully, so he 10 must have that "je ne sais pas" that's very 11 important, and I support his nomination. 12 Thank you, Madam President. 13 THE PRESIDENT: Thank you. 14 Senator Leichter. 15 SENATOR LEICHTER: Madam 16 President, if it's appropriate, I congratulate 17 you, and it's nice that you took time off from 18 your honeymoon to be with us today. 19 THE PRESIDENT: Thank you. I'm 20 sure it's over. 21 SENATOR LEICHTER: Madam 22 President, I'm very pleased to get up on this 23 appointment. Throughout the year, with a few 12490 1 exceptions, as we vote on confirmations, I sort 2 of, with regret and sometimes cynicism, watch my 3 Republican friends get up and praise the 4 Governor highly for his appointments, and I 5 didn't feel I could share that enthusiasm, but I 6 certainly can in this particular instance. 7 Bob Maurer is an exceptional 8 person. He's a superb appointment. I probably 9 worked with Bob earlier than anybody in this 10 chamber because, when I was in the Assembly in 11 the 1970s, I was appointed to the state 12 Commission on Cultural Resources. It was 13 chaired by Bill Conklin, and Bob was the 14 executive director. It was a very diverse group 15 not only of legislators, we had, as I said, Bob 16 Conklin from -- from Bayside in Brooklyn and you 17 had Seymour Thaler, one of the more active 18 progressive members of the -- of the Senate. 19 Also had some wonderful people from the art 20 world, Jim Hightower, Billy Taylor, Harvey 21 Lichtenstein, and so on, and Bob as executive 22 director really put that group together, and we 23 functioned extremely harmoniously, I think 12491 1 exceptionally well, under his leadership and 2 that of Bill Conklin, and the whole state 3 program of support for the arts came from that 4 commission. 5 Well, Bob has gone on from there 6 to perform many different functions in state 7 government, perform them all very well. He's 8 shown great sensitivity, intelligence. He has 9 always, I know, kept the particular fondness for 10 the Legislature and for the Senate and has 11 always been available to the members of the - 12 of the Legislature. 13 As I was sitting in the Higher 14 Education Committee and thinking about Bob 15 Maurer, I realized how fortunate we are in this 16 state to have some superb public officials and 17 some superb governmental officials and with all 18 of the cynicism that people have about 19 government and with all of the negative things 20 you hear about public employees, the fact is 21 that any state that has a Bob Maurer -- and 22 we've had John Egans and others of exceptional 23 dedication and skill there -- that we're really 12492 1 very fortunate in that he should now go on and 2 take over this very important sensitive position 3 is a real help and boon to the people of this 4 state. 5 So I'm delighted to get up here 6 and to support this nomination and to express my 7 high regard for Bob Maurer. 8 THE PRESIDENT: Thank you, 9 Senator Leichter. 10 Senator LaValle. 11 SENATOR LAVALLE: Thank you, 12 Madam President. 13 It's really a pleasure to rise 14 here to support the nomination of Bob Maurer. 15 Bob and I worked together in the Senate as staff 16 members. Bob has gone on to do some wonderful 17 things in education in the private sector and 18 business world, but in each and every position 19 that Bob has held, he has certainly showed great 20 intellect, but also a very human side in the way 21 he has dealt with and handled people. 22 He will certainly show his 23 management abilities and skills to handle the 12493 1 resources -- the financial resources that exceed 2 one billion dollars that are in the Higher Ed. 3 Services Corporation, and do so by bringing in 4 as he has indicated in the Higher Education 5 Senate Standing Committee, advanced technology. 6 And so, again, it's a pleasure 7 for me to rise as not only chair but someone who 8 has known Bob, and I must say that when, 9 yesterday during the Higher Ed. meeting, the 10 committee members were not only unanimous in 11 their endorsement and support of Robert Maurer, 12 but they did so very enthusiastically. 13 I thank you very much, Madam 14 President. 15 THE PRESIDENT: Thank you, 16 Senator LaValle. 17 Senator Paterson. 18 SENATOR PATERSON: Thank you, 19 Madam President. 20 I just want to encourage the 21 Majority not to withdraw the nomination of Mr. 22 Maurer in light of the tumultuous praise 23 bestowed upon him by Senator Leichter. I'm 12494 1 hoping that the nomination will continue. 2 Mr. Maurer was gracious enough to 3 introduce himself to me along with a number of 4 the members of AmeriCorps who are sitting in the 5 gallery today, traveling all over the country to 6 enrich others' lives with their education, their 7 rehabilitation and their enlightenment, and from 8 Senator Leichter's praise and also his personal 9 comments that he made to me, we are very 10 privileged and very pleased to have Mr. Maurer 11 among us, and we are very much in support of his 12 nomination. 13 Thank you. 14 THE PRESIDENT: Thank you, 15 Senator Paterson. 16 Senator Stavisky. 17 SENATOR STAVISKY: I, too, join 18 in congratulating the appointee and in wishing 19 him every member -- every measure of success. I 20 have only one caveat. Remember the heritage of 21 New York State support for financial aid to 22 higher education. Remember what Nelson 23 Rockefeller, a great governor who happened to be 12495 1 a Republican, sought to do for higher education 2 opportunities in New York State. Remember what 3 other governors and legislatures have sought to 4 do in behalf of higher education, and do not go 5 quietly into the night as there are some who 6 would strip students in New York State of the 7 opportunity for an education. 8 Be an advocate. I know that is 9 not the traditional role of a president of the 10 corporation, but be an advocate for students who 11 need help in order to make it in this 12 increasingly high tech' society and, with that 13 caveat and with that reminder and in recognition 14 of the long service that Robert Maurer has 15 rendered to education in New York State, I'm 16 very proud to support the nomination. 17 THE PRESIDENT: Thank you. 18 Have all members wishing to speak 19 on the nomination of Robert Maurer been heard? 20 The question is on the 21 confirmation of Robert J. Maurer to be President 22 of the Higher Education Services Corporation. 23 All in favor signify by saying 12496 1 aye. 2 (Response of "Aye.") 3 Opposed nay. 4 (There was no response. ) 5 Robert J. Maurer is hereby 6 confirmed as President of the Higher Education 7 Services Corporation. Mr. Maurer is in the 8 gallery today with his wife, Louise, and also 9 with volunteers from Phoenix House and Ameri 10 Care's group, and they've provided 150,000 hours 11 of service treating individuals with substance 12 abuse. 13 (Applause) 14 The Secretary will read. 15 THE SECRETARY: Member of the 16 Public Service Commission, Eugene W. Zeltmann, 17 of Clifton Park. 18 THE PRESIDENT: Senator Bruno. 19 SENATOR BRUNO: Madam President, 20 it is my pleasure and honor to move this 21 nomination of Eugene Zeltmann. 22 Gene Zeltmann lives in Clifton 23 Park in my district, and he, like so many others 12497 1 here today, are submitted by our great governor 2 to do the good work of the people of this state, 3 and Gene Zeltmann is especially qualified to 4 serve in the Public Service Commission, and we 5 all know that that is an important area of what 6 it takes to make this state viable. 7 He brings with him 20 years of 8 employment with GE at a senior executive level, 9 traveled the world on behalf of GE, working on 10 international trade, was recognized by 11 Washington and was asked to be an adviser to the 12 U. S. Secretary of Commerce as well as sent on 13 missions by the U. S. Secretary of Energy to 14 Pakistan, Costa Rica, China. He has a 15 tremendous background, Ph.D. from Johns Hopkins, 16 B.A. in chemistry from Beloit College. He's a 17 trained radiochemist and did a lot of very 18 important work for the U. S. Navy working at the 19 Knolls Atomic Lab. 20 So we are privileged, I believe, 21 to have such a qualified gentleman ready and 22 willing to serve the people of this state. So 23 I'm proud to move his nomination. 12498 1 SENATOR SEWARD: Madam 2 President. 3 Madam President, I'm very pleased 4 to rise and join Senator Bruno in support of the 5 confirmation of Eugene Zeltmann to be a member 6 of the Public Service Commission. 7 It's no secret that these are 8 very challenging times at the Public Service 9 Commission, with the challenge of dealing with 10 the high electric rates of our state, the 11 challenge of making sure that New York State 12 fully is -- takes part in the -- all of the 13 technological changes and advances in the area 14 of telecommunications, and specifically at the 15 end of this year the cable television entities 16 will be placed over at the PSC. 17 A lot of challenges lie ahead, 18 but I'm fully confident that with Gene Zelt 19 mann's background and experience as has been 20 outlined by Senator Bruno, that he is very, very 21 much up to the challenge. His distinguished 22 career with GE is certainly -- will stand him in 23 good stead in that new capacity. 12499 1 I just would point out, Madam 2 President, that back in the years 1970 to 1972, 3 Gene Zeltmann served as a Fellow, an Alfred E. 4 Smith Fellow, and he spent those years at the 5 Public Service Commission with then chairman 6 Joseph Swidler. 7 So, Mr. Zeltmann, we -- I just 8 rise to say that I'm delighted that you are 9 going back to the PSC after so many years, and 10 I'm fully confident the people of this state 11 will be better off because of your return to the 12 PSC. 13 THE PRESIDENT: Thank you, 14 Senator Seward. 15 Senator Farley. 16 SENATOR FARLEY: Thank you, Madam 17 President. 18 I rise to second the nomination 19 of Gene Zeltmann. Dr. Zeltmann has had an 20 incredible professional career with General 21 Electric, or GE as it's now called, particularly 22 in the area of Schenectady. Most of his profes 23 sional life has been spent in my community. And 12500 1 what a career he's had, and how fortunate we are 2 to have somebody of this caliber that would seek 3 public service after such a remarkable 4 professional career. 5 The Public Service Commission is 6 certainly well -- going to be well served and 7 the state of New York is blessed to have people 8 of such quality and such background serving us 9 in the state of New York. We're grateful for 10 your service, Gene. We wish you well. 11 I'm particularly pleased to 12 second this nomination and, again, I think this 13 is a -- the Governor needs to be congratulated 14 on choosing such an outstanding candidate. 15 Thank you. 16 THE PRESIDENT: Thank you, 17 Senator. 18 Have all members wishing to speak 19 on the nomination of Dr. Zeltmann been heard? 20 (There was no response. ) 21 Yes. The question is on the 22 confirmation of Dr. Eugene Zeltmann as a member 23 of the Public Services Commission. All those in 12501 1 favor, signify by saying aye. 2 (Response of "Aye.") 3 Opposed nay. 4 (There was no response. ) 5 Dr. Zeltmann is hereby confirmed 6 as a member of the Public Services Commission. 7 Doctor Zeltmann and his wife Susan are in the 8 gallery. 9 (Applause) 10 The Secretary will read. 11 THE SECRETARY: Member of the 12 Industrial Board of Appeals, Clifford M. Barber 13 of Walden. 14 THE PRESIDENT: Senator Bruno. 15 SENATOR STAFFORD: Senator 16 Larkin. 17 THE PRESIDENT: Oh, Senator 18 Larkin, sorry. 19 SENATOR LARKIN: Thank you, Madam 20 President. 21 It is a distinct privilege and 22 pleasure to rise for Clifford Barber for a 23 member of the Industrial Board of Appeals. Mr. 12502 1 Barber has been very active in the business 2 community in our county of Orange for over 30 3 years. He's been very active with the chamber. 4 He's been very active in enticing business to 5 come to our area. He's been very active in 6 looking at issues that affect the continued 7 growth of the economy in our area. I'd doubt to 8 say that anyone in our chambers, any one of the 9 chambers in our county that doesn't know Mr. 10 Barber and his efforts on behalf of the economy 11 in our community. I believe that this is an 12 appointment that is very important. It's very 13 sincere, and I think that we're going to see 14 someone who can address issues that come before 15 the board knowledgeable about what happens. 16 I think that when you look at the 17 big issue we have is violations that come to the 18 Department of Labor. I think we're going to 19 have somebody who has knowledge about this issue 20 who will be there in the forefront to ensure 21 that all parties have a fair assessment of the 22 issues. I'm proud to place in nomination 23 Clifford Barber for the Industrial Board of 12503 1 Appeals. 2 THE PRESIDENT: Thank you, 3 Senator. 4 Senator Cook. 5 SENATOR COOK: Madam President, 6 thank you. 7 I also want to rise to 8 congratulate the Governor on this appointment. 9 Cliff Barber, not only with his business 10 background but his legal understanding, is an 11 ideal individual to sit on the Board of 12 Appeals. He has the personal qualifications of 13 weighing factors that will be brought before 14 him, and I think that that, when you get down to 15 it, is really the important thing, the personal 16 qualities that the individual brings to the 17 job. 18 I won't elaborate on his 19 professional qualifications. You've already 20 heard those, but I think it's going to be an 21 excellent appointment, and I congratulate you, 22 Cliff, and we're all very proud of you. 23 THE PRESIDENT: Thank you. Have 12504 1 all members wishing -- oh. I'm sorry, Senator 2 Holland. 3 SENATOR HOLLAND: Madam 4 President, as you can see, Orange County is the 5 only county in the state of New York that's 6 represented by three Senators, and we all know 7 Cliff Barber and all the good work he has done 8 for 30 years, as Senator Larkin has said. 9 Cliff is one of the most 10 competent, nicest men you could ever run into 11 and I certainly am very happy to second his 12 nomination. Congratulations, Cliff. 13 THE PRESIDENT: Thank you. 14 Have all members wishing to speak 15 on the nomination of Clifford Barber been heard? 16 If so, the question is on the 17 confirmation of Clifford M. Barber to be a 18 member of the Industrial Board of Appeals. All 19 those in favor signify by saying aye. 20 (Response of "Aye.") 21 Opposed nay. 22 (There was no response. ) 23 Clifford M. Barber is hereby 12505 1 confirmed as a member of the Industrial Board of 2 Appeals. Mr. Barber is in the gallery. 3 (Applause) 4 The Secretary will read. 5 THE SECRETARY: Members of the 6 New York State Hospital Review and Planning 7 Council: Karl P. Adler, of New York City; 8 Richard S. Aronson, of New York City; Howard 9 Berman, of Rochester; Bruce G. Blower, of 10 Huntington Station; Joan S. Camera, of Port 11 Washington; John Depierro, of Staten Island; 12 James D. Durante, of Lake George; Robert B. 13 Glock, of Altamont; Bonnie Howard Howell, of 14 Ithaca; Carol Raphael, of New York City; 15 Suzanne C. Smith, of Slingerlands; William F. 16 Streck, of Cooperstown; J. Rock Tonkel, of White 17 Plains. 18 THE PRESIDENT: Does anyone wish 19 to be heard on the nominations? The question is 20 on the confirmation of the nominees. 21 SENATOR NOZZOLIO: Madam 22 President. 23 THE PRESIDENT: Yes. I'm sorry. 12506 1 Senator Nozzolio. I didn't see you. 2 SENATOR NOZZOLIO: Madam 3 President, I wish to be heard on the nomination 4 of Howard Berman. Howard Berman is extremely 5 well suited to serve again on this distinguished 6 panel, and I congratulate Governor Pataki for 7 reaching out to him and securing this 8 nomination. 9 Howard Berman is President and 10 Chief Executive Officer of Blue Cross/Blue 11 Shield of the Rochester area, is sought by many 12 policy-makers both here, in other states and in 13 Washington D.C., for his expertise on health 14 care matters. He is extremely important to the 15 future success of this board, and I applaud the 16 nomination. 17 Thank you, Madam President. 18 THE PRESIDENT: Thank you, 19 Senator Nozzolio. 20 Oh, Senator Abate. 21 SENATOR ABATE: Yes, thank you. 22 I stand in enthusiastic support of two members 23 who work in the district that I represent. 12507 1 Dr. Karl Adler is a distinguished 2 medical professional who is now the President 3 and CEO of St. Vincent's Hospital in New York, 4 which is a renowned institution that provides 5 health care to thousands of people in New York 6 City, and he has a distinguished career in 7 medicine as a professor of medicine in several 8 different institutions. He's highly qualified, 9 has an accomplished record of service, and I 10 think this is an excellent appointment. 11 The next person I'd like to speak 12 in favor of, and I think merits the support of 13 this entire body, is Richard Aronson. He has 14 been involved in a self-help community service 15 program that provides services to women and 16 adolescents and seniors throughout New York 17 City. It provides home care, housing and social 18 services. He has been now the CEO of this 19 organization, but he's been involved in this 20 health provider organization for over two 21 decades. He has the kind of experience and 22 expertise that will be tremendous assets to this 23 Council, and I look forward to working with both 12508 1 of these individuals over the years to come. 2 Thank you very much. 3 THE PRESIDENT: Thank you, 4 Senator Abate. 5 Senator Marcellino. 6 SENATOR MARCELLINO: Yes, Madam 7 President. I rise to support the nomination of 8 Bruce G. Blower for the State Hospital Review 9 and Planning Council. 10 Bruce is a resident of my 11 district, well known in the community and well 12 suited for this particular position. He's 13 overcome personal tragedies to still stay active 14 and still stay a group participant and will be a 15 credit to this particular administration and 16 would support and enhance the Review and 17 Planning Council. 18 Thank you. 19 THE PRESIDENT: Thank you. 20 Senator Marchi. 21 SENATOR MARCHI: Thank you, Mr. 22 -- Madam President. I rise to second the 23 nomination of John Depierro. John Depierro is 12509 1 head of the St. Vincent Medical Center in Staten 2 Island and brings to this position years of 3 earnest, greatly appreciated service to the 4 people of Staten Island and the community, the 5 health community of that entire borough, of very 6 unique value. 7 He's a graduate with an M.B.A., 8 majoring in hospital administration, and before 9 -- before starting his career at George 10 Washington University in Washington; has been on 11 the Board of Governors and the Executive 12 Committee of the Greater New York Hospital 13 Association; holds positions of great 14 responsibility in the health system and also has 15 a very rich record interacting with civic 16 associations and cultural associations in the 17 community in which he lives and serves. 18 So it is with the greatest of 19 pleasure that I am here and able to urge the 20 nomination by a unanimous vote, I trust, of John 21 J. Depierro. 22 THE PRESIDENT: Thank you, 23 Senator Marchi. 12510 1 Senator Dollinger. 2 SENATOR DOLLINGER: Thank you, 3 Madam President. 4 First of all, I want to thank the 5 chairman of the Health Committee for his 6 cooperation and work with me as the ranking 7 member on these nominees. 8 I rise today, Madam President, 9 because I've done some additional research since 10 the Health Committee meeting yesterday, and I 11 have a concern about -- not about any of these 12 nominees. I think these are a list of good 13 people that have what appear to be significant 14 and important qualifications, but I rise today 15 because I'm concerned about what appears to be a 16 trend in the nomination process which is 17 evidenced by what goes on in Monroe County and 18 the Finger Lakes Region with respect to the 19 local input on health care decision-making and 20 health care policy in this state. 21 Let me explain how that's worked 22 in the past in this state so that you get a 23 sense of what I'm talking about. Prior to this 12511 1 series of nominees, or at least to my 2 understanding prior to this series of nominees, 3 the members of the New York State Hospital 4 Review and Planning Council have been in part 5 nominated by members of the Health Systems 6 Agencies. 7 The Health System Agencies, as 8 you know, are established by statute. They are 9 created with largely consumer representation. 10 They represent New York State's attempt to 11 decentralize health care planning; that is, 12 giving powers to local communities and local 13 regions to bring together both health care 14 experts and consumers to talk about health care 15 planning in the region. 16 These HSAs have been recognized 17 in the past as being a component of the New York 18 State Hospital Review and Planning Council 19 because, pursuant to Section 2094 (a) of the - 20 the law, it requires that the nominations - 21 that eight of the nominations come from the 22 Health Systems Agencies. 23 I've talked about this with the 12512 1 chairman. There is language in the statute 2 which says that the Planning Council shall 3 include at least one member nominated initially 4 by each of the regional planning councils. 5 That's when the statute was first created in 6 1964, when the statute was put on the books by 7 this Legislature. The notion was that the 8 regional health planning councils would have a 9 member originally -- would nominate a member to 10 the Hospital Review and Planning Council. 11 That statute was amended in 1976 12 by another action of this body in which we 13 substituted the term "Health System Agencies" 14 for the reference to the regional hospital 15 planning councils. In doing that, we continued 16 the same language about "initially nominated" by 17 these regional Health Systems Agencies. 18 As a consequence, we have almost 19 a 30-year history of relying upon the Health 20 Systems Agencies to nominate one person from 21 their membership or from their region to assist 22 the State Hospital Planning and Review Council 23 in its deliberations. 12513 1 That pattern is being broken 2 today with respect to the region that I 3 represent, as the nominee of the Finger Lakes 4 Health Systems Agency, the representative of the 5 local community that runs not only through 6 Monroe County but south to the southern -- to 7 our border with Pennsylvania, I believe as far 8 west as a significant portion of the Finger 9 Lakes Region, we are losing our local 10 representative, our representative appointed 11 through the HSA to the Hospital Review and 12 Planning Council. 13 I believe that this reflects a 14 departure from our past, in which we've used 15 grass roots people to assist the state planning 16 council in its deliberations and, instead, what 17 we're doing is going to a top-down system in 18 which all those appointees will come out of 19 Albany. Although they may be good people and 20 they may be people that have input, nonetheless 21 the community-based input that our prior council 22 was composed of will be missing, and I'm afraid 23 that we will have top-down health care planning 12514 1 rather than bottom-up health care planning and, 2 at least in my region, in the Finger Lakes area, 3 while it may be hotly contested about the value 4 of the HSA, nonetheless I believe that in part 5 our success in health care has been responsible 6 for some of the activities of that association. 7 So from my point of view, I 8 believe that this -- by failing to adhere to the 9 nomination process that is both time-honored and 10 I believe incorporated in statute, that this 11 Governor maybe departing from what has been a 12 wise and prudent way of gathering grass roots 13 input into the State Hospital Review and 14 Planning Council. 15 I don't know, Madam President, 16 how to present this objection and to reflect it 17 in this record -- excuse me, Mr. President. I 18 would simply ask that -- I had voted for all the 19 prior nominees in the health care committee when 20 it was considered, as I said. I don't have any 21 particular grievance against any one of these 22 individuals who may all have something to be 23 promoted and something to be given to this 12515 1 Council, but because I believe this is a 2 departure from our past, an unwise departure 3 from our past -- it may also be illegal under 4 the current draft of the Public Health Law -- I 5 would vote no on Robert B. Glock, of Altamont, 6 who I understand is replacing Paul Haney who is 7 the nominee of the Finger Lakes Health Systems 8 Agency, and, therefore, for that reason I intend 9 to vote against Mr. Glock. 10 I will vote in favor of the other 11 nominees. I would hate to think that this 12 Council may run into a legal problem in the 13 future, and I would hope that the second floor 14 would review this issue again and, if a change 15 in statute is necessary, we can process that 16 change, but at least as I read the law and at 17 least as my legal research indicates, these 18 nominees should be coming from the regional 19 based Health Systems Agencies and not 20 necessarily from the second floor. 21 Thank you. 22 ACTING PRESIDENT KUHL: The Chair 23 recognizes Senator Hannon. 12516 1 SENATOR HANNON: Yes, Mr. 2 President. 3 I'd like to support the 4 ratification of all these nominations to the 5 State Hospital Review and Planning Council. 6 It certainly is difficult to come 7 up with a group that is representative of such a 8 large state which has such a diverse and 9 intricate health care system, especially when we 10 have a statute that appears to, in all charity, 11 be the product of several committees and 12 councils being melded together. It's certainly 13 a convoluted set of words. 14 In regard to the point that my 15 esteemed colleague, who has served so well as 16 the ranking member of this committee, has made 17 in regard to the word "initial", I can only say 18 that, to the best extent that we have the 19 research and the lawyers available, that the 20 word "initial appointment" refers to the 21 appointment at the beginning. It does not mean 22 that each subsequent appointment must originate 23 from the health care councils, and it's also 12517 1 mirrored, the use of the word "initial" later on 2 in statute, refers to the length of terms so 3 that obviously many times when people look at 4 how these things are constructed, they're 5 thinking at the beginning and not of the ongoing 6 nature of it. 7 I would point out that I think 8 the point is well taken, Mr. Dollinger, that we 9 ought to have diversity, and especially all 10 parts of the state ought to be represented, 11 especially all important the central part of the 12 state, and I would call to your attention among 13 this group of nominees, we have Howard Berman, 14 who has already served in distinguished fashion 15 and hopefully will do so again, from the county 16 of Monroe, heading the local Blue Cross 17 corporation for that county, as well as the 18 addition of Ms. Bonnie Howard Howell, who is the 19 head of a hospital in Ithaca and has a very 20 distinguished record on the health care system 21 in terms of HANYS, of significant achievements 22 in her own right, and I think would lend a major 23 viewpoint in regard to that area of the state. 12518 1 So I think we have, in a sense, 2 achieved that diversity that you seek and 3 hopefully we will continue. There are other 4 appointments that are coming due. There are 5 expirations this week, so I would say that as 6 people have mentioned, the other members of this 7 committee, all have very distinguished 8 backgrounds, all good individuals, and I am 9 certain we have already -- we did not fund these 10 HSAs last year in the budget as one indication 11 of where we're going, but we do need -- we do 12 need to take a look at this in an ongoing 13 nature, especially as I'm sure we're going to be 14 reacting to so many of the challenges in faith 15 in front of us in the next few months. 16 So this is something that would 17 be a continuing question, but I am confident 18 that what we are doing here today is well 19 grounded and well reasoned. 20 ACTING PRESIDENT KUHL: The Chair 21 recognizes Senator Leichter. 22 SENATOR LEICHTER: Mr. President, 23 it's good to see you. 12519 1 Mr. President, I think that 2 Senator Dollinger makes a valid point. Frankly, 3 I'd like to go beyond it. I think that the 4 diversity that is lacking here is not only 5 geographically. I think there is a lack of 6 diversity of the various interests that have to 7 play a role in the health care system. 8 I think what essentially we're 9 finding here is that the Governor is appointing 10 health care providers. Take a look: There's 11 Mr. Adler is a hospital president; Mr. Berman is 12 Blue Cross and Blue Shield; Durante is another 13 hospital administrator; Glock is a nursing home; 14 Howell is the Cayuga Medical Center, another 15 medical center. Then there's somebody, a Mr. 16 Streck, of Bassett Health Care; Mr. Tonkel is 17 again Blue Cross. We do have somebody who is a 18 professor and chairman of a medical school; Miss 19 Dicker owns a nursing home. Where's the 20 diversity? 21 And also, if you take a look at 22 the people and their background and their 23 situation in society, I think what we're seeing 12520 1 is the continuing narrowing of the base of who 2 is part of this government, who is part of the 3 Pataki administration, as well as a narrowing of 4 the base for whom the Pataki administration 5 governs. Certainly, it's not the whole breadth 6 and scope of the people of New York when you see 7 these sort of nominees. 8 In the past, I've had occasion, 9 and others, to criticize the Governor because 10 his nominees seem very much focused on who had 11 done what for the Republican Party and 12 particularly how much money he or she may have 13 raised. I don't believe that's a factor with us 14 today, but really what we're seeing is sort of 15 like a country club government. 16 You take a look at these 17 particular nominees, and I will talk about some 18 other ones. But where are the advocates? Where 19 are the consumers? Where are people whose 20 interests in the system is other than somebody 21 who lives off the system? Where are the people 22 who need to be serviced by this system? And 23 this Council is incredibly important in making 12521 1 decisions and choices which affect the health 2 care of all New Yorkers and affect what we pay 3 for health care. 4 I think the people of New York 5 have a right to demand greater breadth and 6 greater diversity of the people appointed and I 7 think that, if not the letter of the law, 8 certainly I think the spirit of the law is not 9 being carried out with this group of nominees. 10 Individually they all seem like 11 fine people, but when you -- when in total they 12 encompass the whole scope of what the Governor's 13 presenting to us, I think it fails really the 14 test of whether we're getting a Council that's 15 going to be able to serve the people of the 16 state of New York. 17 I will join Senator Dollinger 18 just to make the point, and in voting against 19 Mr. Glock. 20 ACTING PRESIDENT KUHL: Senator 21 Jones. 22 SENATOR JONES: Yes, Mr. 23 President. 12522 1 I also just very late received 2 the same information from our Finger Lakes 3 Health Systems Agency, and while I, you know, 4 concur certainly Mr. Berman is a very good 5 representation and will continue to serve well, 6 I feel as though they have made a valid point 7 that the person that represented them in the 8 past is now from Rochester is being replaced now 9 by a person from Albany. So for that reason, 10 not because of his qualifications or the fact 11 that he certainly is not competent, I will also 12 register a "no" vote against Mr. Glock. 13 ACTING PRESIDENT KUHL: Is there 14 any other Senator wishing to speak on the 15 nomination? 16 Senator Hannon. 17 SENATOR HANNON: I just wanted to 18 address myself to the point raised by Senator 19 Leichter. 20 I really take strenuous objection 21 to his -- to his attempt to perpetuate some type 22 of myth of a class type of selection here. He 23 made reference to "country club". This is an 12523 1 extraordinarily weird statute. If he was 2 sincere about it, he's had many years, decades, 3 to offer amendments to change the make-up of 4 this statute. 5 The statute itself requires 6 providers to be a party, requires people from 7 nursing homes, requires hospital administrators, 8 requires physicians. It would probably have 9 been far easier to have amended it and start 10 over again than to try to meet all these 11 pigeonholes, plus there's rolling vacancies that 12 come up, and there are peculiar things as to who 13 can be appointed and reappointed. 14 So I would say -- I would argue 15 that, on the merits, that this group of 16 appointees is a very strong group, is a very 17 knowledgeable group. I think it represents a 18 number of diverse viewpoints. We've had 19 extensive opportunities for every member and a 20 couple of hours for everybody to come and meet 21 them and talk to them yesterday. Took a long 22 time during the confirmation process to have 23 their views aired, and you would be overwhelmed 12524 1 with, I think, the amount of achievement and 2 intellect that they bring to these jobs. 3 So I think that it is not fair to 4 make these usual criticisms when it comes to 5 this group or the people with the Public Health 6 Council. So I strongly disagree with you, 7 Senator, on all of these. 8 Thank you. 9 ACTING PRESIDENT KUHL: The 10 question is on the confirmation of the thirteen 11 nominees to become members of the New York State 12 Hospital Review and Planning Council. All those 13 in favor signify by saying aye. 14 (Response of "Aye.") 15 Opposed nay. 16 SENATOR DOLLINGER: No. 17 ACTING PRESIDENT KUHL: Senator 18 Dollinger, the record will reflect that both you 19 and Senator Leichter will be recorded on the - 20 in the negative on the nomination of Robert B. 21 Glock, and along with Senator Jones. 22 SENATOR DOLLINGER: Thank you. 23 ACTING PRESIDENT KUHL: The 12525 1 nominees are confirmed. 2 Secretary will read. 3 THE SECRETARY: Member of the 4 State Harness Racing Commission, Louis R. 5 Riccio, of Amsterdam. 6 ACTING PRESIDENT KUHL: The Chair 7 recognizes Senator Farley. 8 SENATOR FARLEY: Thank you, Mr. 9 President. 10 Let me say what an outstanding 11 privilege it is for me to nominate Lou Riccio to 12 the State Harness Racing Commission. So often 13 the people that we get to serve in these jobs 14 without compensation do so somewhat reluctantly; 15 but this person has really sought this job, and 16 what a background he has in harness racing. 17 He loves the sport. He's been a 18 lifelong devotee of it. He was a licensed 19 driver. He was an owner of over 26 horses. 20 He's a charter member of the Saratoga Harness 21 Hall of Fame. He's a member of the Saratoga 22 Harness Old Timers Club. He's raced at all New 23 York State harness tracks and numerous county 12526 1 fairgrounds, and he was the owner of a two-year 2 old Trotter of the Year. 3 Lou Riccio has had a disting 4 uished -- been a distinguished community servant 5 in Amsterdam and Montgomery County, involved in 6 the insurance business, a graduate of Siena 7 College, and also a former Marine. I know that 8 the United States Marines that are Senators 9 here, Hoblock, and so forth, they always stick 10 together, and incidentally he's a green belt 11 karate person, and Lou Riccio is truly a -- he's 12 up in the gallery, and let me just say how proud 13 I am to nominate Lou to the State Harness 14 Commission or the State Racing Commission. 15 ACTING PRESIDENT KUHL: Is there 16 any other Senator wishing to speak on the 17 nominee? Hearing none, the question is - 18 Senator Farley -- excuse me. Senator Bruno. 19 SENATOR BRUNO: Mr. President, I 20 would just like to add a word on behalf of Louis 21 Riccio. He really -- and Senator Farley has 22 said it right. He is truly a gentleman and has 23 contributed so much to all that has gone on in 12527 1 this state as relates to harness racing. He is 2 distinguished. He is accomplished. He makes 3 people in the industry proud of his 4 participation. 5 So I'm proud to be here in this 6 chamber in his support. 7 SENATOR SEWARD: Mr. President. 8 ACTING PRESIDENT KUHL: Chair 9 recognizes Senator Seward. 10 SENATOR SEWARD: Yes. I also 11 would like to rise in support of Louis Riccio to 12 be a member of the State Harness Racing 13 Commission. Mr. Riccio comes from Montgomery 14 County, which is right next door to my home 15 county of Otsego, and I would just point out 16 that, of course, we have the Baseball Hall of 17 Fame in Cooperstown, but our nominee for the 18 Harness Racing Commission, I would point out, is 19 a Hall of Famer himself. He's a charter member 20 of the Saratoga Harness Hall of Fame. 21 And so I rise in support of Louis 22 Riccio and wish him well in his new capacity. I 23 know that he will do well. 12528 1 ACTING PRESIDENT KUHL: The 2 question is on the nom... 3 SENATOR STAFFORD: Mr. 4 President. 5 ACTING PRESIDENT KUHL: Senator 6 Stafford. 7 SENATOR STAFFORD: I would just 8 incorporate my past remarks and endorse the 9 nomination. Thank you. 10 ACTING PRESIDENT KUHL: Any other 11 Senator wishing to speak on the nomination? 12 Hearing none, the question is on the nomination 13 of Louis R. Riccio of Amsterdam to become a 14 member of the State Harness Racing Commission. 15 All those in favor signify by saying aye. 16 (Response of "Aye.") 17 Opposed nay. 18 (There was no response. ) 19 The nominee is confirmed. Louis 20 Riccio, who is in the chamber here, 21 congratulations. 22 (Applause) 23 Secretary will read. 12529 1 THE SECRETARY: Members of the 2 Public Health Council, Joseph A. Cimino, of 3 North Tarrytown; Judith Dicker, of Floral Park; 4 Susan G. Regan, of Buffalo. 5 ACTING PRESIDENT KUHL: Question 6 is on the nominations. All those in favor of 7 the three nominees becoming members of the 8 Public Health Council, signify by saying aye. 9 (Response of "Aye.") 10 Opposed nay. 11 (There was no response. ) 12 The nominees are confirmed. 13 Secretary will read. 14 THE SECRETARY: Member of the 15 Life Care Community Council, Craig A. Duncan, of 16 Averill Park. 17 ACTING PRESIDENT KUHL: Is there 18 any Senator wishing to speak on the nomination? 19 Hearing none, the question on the nomination of 20 Craig A. Duncan to become a member of the Life 21 Care Community Council is before us. All those 22 in favor, signify by saying aye. 23 (Response of "Aye.") 12530 1 Opposed nay. 2 (There was no response. ) 3 The nominee is confirmed. 4 Secretary will read. 5 THE SECRETARY: Public members of 6 the State Banking Board, William P. Brosnahan, 7 of Snyder; Michael D. Grosso, of Coxsackie; 8 Edward B. Kramer, of New Rochelle; Jeffrey 9 Moerdler of Riverdale, the Bronx. 10 ACTING PRESIDENT KUHL: Chair 11 recognizes Senator Leichter on the nominations. 12 SENATOR LEICHTER: Mr. President, 13 the Banking Board is an extremely important 14 state body. I'm sorry. I see that the 15 distinguished chairman - 16 SENATOR FARLEY: I'll yield. 17 SENATOR LEICHTER: -- of the 18 Banking Committee is standing up. Maybe when he 19 hears the word "banking" he stands up, but if 20 you want to speak in favor of the nominees, I'll 21 yield to the chairman. 22 SENATOR FARLEY: You have the 23 floor. I'll speak after you. 12531 1 ACTING PRESIDENT KUHL: Senator 2 Leichter, on the nomination. 3 SENATOR LEICHTER: The Banking 4 Board, as I was saying, is an extremely 5 important board. We know particularly at this 6 time with the changes that are occurring in 7 banking, the mergers, the branch bank closings, 8 the increase in fees, we need a banking board 9 that is truly reflective of all of the interests 10 that people may have in banking, but here again 11 as we saw with the health -- the hospital and 12 planning council, we have a board that really 13 represents the industry. 14 Now, what makes it particularly 15 questionable in connection with the Banking 16 Board is the statute provides for public 17 members. The people being nominated and that we 18 are asked to confirm are being chosen as public 19 members. Yet, if you take a look at their 20 background, with maybe one exception, they 21 really tend to reflect the industry; they tend 22 to reflect financial interests closely connected 23 with the banking industry. 12532 1 What we don't have is 2 representation for the consumers. Where are the 3 advocates? Where are the people who say, Make 4 banking more accessible, make banking easier for 5 our senior citizens? Where are the people who 6 are fighting for the banking consumers? They're 7 certainly not among the nominees that this 8 Governor has sent up to us. 9 So once again, we find a very 10 narrow group of people representing, by and 11 large, established wealth, success in business 12 if you will, but many, many New Yorkers being 13 totally left out of the process and really being 14 left unrepresented. I think it's unfortunate. 15 I'm going to vote against just 16 one of these nominees to make the point, but I 17 think he makes the point very well. These are 18 supposed to be, again let me emphasize, public 19 members. They're not supposed to come from the 20 industry. The statute provides that the indus 21 try will have certain members on the Banking 22 Board. Some will be commercial bankers. 23 There's one banker comes from a foreign bank. 12533 1 There's a number of bankers come from the 2 thrifts, and there are to be six public members 3 so that the public interest, not the banking 4 interest, the public interest is represented. 5 Take a look at the background of 6 this nominee, Edward D. Kramer. Presently he's 7 with the TriArt Financial Services which is an 8 insurance brokerage firm that specializes in 9 collateral protection programs for mortgage 10 banks and financial institutions. Before then 11 for some ten years or more he was a senior 12 vice-president of the Dime Savings Bank. Before 13 that he worked for the Savings Association 14 League of New York State. 15 His whole life has been part of 16 the industry. How can this person be said to 17 qualify as a public member? I think, again, we 18 see this narrowing of the scope of government 19 and narrowing of who government serves in the 20 Pataki administration. It's really just a very 21 few people that this Governor seems to want to 22 bring into his administration. His nominees 23 certainly don't reflect all of the interested 12534 1 groups, all the different people that we have in 2 New York State. 3 President Clinton said, when he 4 appointed his cabinet, "I want a cabinet that 5 looks like this country." Unfortunately, 6 Governor Pataki seems to want a government that 7 reflects the people of a country club, and 8 that's what we have with these nominees, and I'd 9 like to be recorded, Mr. President, voting 10 against the confirmation of Edward B. Kramer. 11 ACTING PRESIDENT KUHL: The Chair 12 recognizes the chairman of the Senate Banking 13 Committee, Senator Farley. 14 SENATOR FARLEY: Thank you very 15 much. 16 Let me just say about these 17 nominees to non-paid jobs on the state Banking 18 Board as members, I couldn't have been more 19 impressed with them and, incidentally, Senator 20 Onorato who was there when they came before the 21 Banking Committee -- unfortunately, Senator 22 Leichter, I think, had you been there you would 23 have been very impressed with Mr. Kramer. He 12535 1 has a particularly fascinating background. Yes, 2 he is in the insurance business right now, but 3 he does have some background in banking and 4 understands the very sophisticated industry, and 5 I think the questions that you're concerned 6 about also concern him, and I thought he 7 addressed them very, very well during the 8 committee hearing. 9 These are all very capable people 10 and, incidentally, Michael Grosso, who is just 11 down the road here with an $11 million firm, his 12 only connection, I think, is having taken a lot 13 of banks -- loans to -- for a very large 14 business that he's successfully managed, and the 15 others I think are outstanding public members. 16 I -- they were here and open for 17 questions. As a matter of fact, Jeffrey 18 Moerdler, who might be a constituent of yours 19 from Riverdale, a brilliant lawyer and somebody 20 who is very, very articulate and impressed me 21 with -- with his answers to all the questions, 22 and so forth, I think they'll make outstanding 23 public members, and I think that again, we're 12536 1 very fortunate to -- to get somebody to serve in 2 a non-paying position, to serve government and 3 to serve the community, and they expressed, all 4 of these members expressed concerns about some 5 of the concerns that you're talking about, about 6 branches that might be closed and a few other 7 things, and I think that they will serve the 8 state of New York and the financial industry 9 well. 10 We are the financial center of 11 the world, and I know that you and I differ on a 12 number of banking issues, namely, the mergers 13 and a few other things which were addressed at 14 that committee meeting, and I wish you had been 15 there, but I think you would have been impressed 16 with these nominees, and I move them forward 17 with enthusiasm. 18 SENATOR VOLKER: Mr. President. 19 ACTING PRESIDENT KUHL: Chair 20 recognizes Senator Volker. 21 SENATOR VOLKER: Mr. President, I 22 didn't mean to speak, but I think in fairness, 23 sometimes, you know, Franz, I'll be the first to 12537 1 admit to you, sometimes you hit on a point and 2 even though sometimes I think, even though we 3 don't particularly appreciate it, there are 4 times it's hard to admit that you're right, very 5 hard to admit sometimes, but I would just like 6 to point out to you if you look at the totality 7 of these nominees, that I guess I would have to 8 point out that it would seem to me that it would 9 be a little bit logical to have somebody from a 10 banking background on the Banking Board. 11 I may be wrong, but I would point 12 out to you, of these nominees here, take a look, 13 one is a lawyer. Now, some could argue that 14 maybe a lawyer is a bad person to be on the 15 Banking Board, has no connection that I can see 16 with the Banking Board or anything. Second 17 one's a reappointment, in other words, was 18 appointed by Governor Cuomo from 1992, and the 19 third one of the five here is Bill Brosnahan who 20 is an executive with COLAD, in fact, I think is 21 one of the founding members of COLAD, which is a 22 printing operation. Far as I know, he has 23 nothing to do with banking. 12538 1 What I'm pointing out, on one 2 more by the way, one more reappointment is a 3 fellow from the credit union. Now, if you know 4 anything about credit unions, and I know you do, 5 they're sort of rivals of the banks and, in 6 fact, that presents, it seems to me, some sort 7 of balance. 8 I guess what I'm pointing out to 9 you is I'm not so sure, and this is only part of 10 the Banking Board and Hugh is much more 11 cognizant of this than I am, I would point out 12 that there is more diversity on this board. 13 These are not just banking people, and I think 14 that, in this case, it seems to me and although 15 you could certainly make an argument that other 16 groups should be represented, and I would think 17 in future appointments to the Banking Board that 18 they would be. 19 ACTING PRESIDENT KUHL: Chair 20 recognizes Senator Leichter. 21 SENATOR LEICHTER: Yeah, Mr. 22 President. 23 I want to apologize, Senator 12539 1 Farley, who's not here -- oh, he is here, 2 because clearly I obviously didn't make myself 3 clear. Senator, I wasn't saying that these 4 people didn't have banking understanding or 5 background. My very objection was that, like 6 Mr. Kramer, they had banking background to the 7 extent that they could not be considered public 8 members. 9 We're dealing with a statute. 10 The statute provides that the consumers are also 11 to have representation, and it seems to me Mr. 12 Kramer doesn't qualify as a public member. He 13 may be a perfectly fine individual and may be 14 very knowledgeable in banking. 15 Senator Volker, you mentioned 16 somebody from a credit union. You're right, 17 that's not a traditional bank, but nevertheless 18 it certainly is, and this happens to be a very 19 large financial institution, I'm just saying 20 that we need to get on, as the statute provides, 21 people who are public members and, Senator 22 Farley, I'm sorry that I couldn't attend the 23 meeting. I know these meetings are scheduled by 12540 1 you at a time which makes it convenient for 2 people who are in the Capital District to get to 3 the meeting in time, but some of us who come 4 from the far corners of the state find it a 5 little more difficult, although I see my good 6 friend, George Onorato, got up at 3:00 a.m. to 7 be here in time for when you called the meeting 8 early in the morning. 9 But, Senator, I know you run very 10 good meetings, and I'm sure that the nominees 11 were there to answer questions. I'm sorry I 12 didn't get to ask them questions, but again let 13 me just say again it isn't their expertise that 14 I'm concerned about. In fact, I'm concerned 15 about their viewpoint, and that the many 16 consumers, banking consumers in your district 17 that are unhappy about some of the things that 18 are happening in banking, the higher fees, the 19 branches that are closing, the ATMs that are now 20 going to charge a higher fee, the interest rates 21 are so high, maybe they would like to see 22 somebody who looks like them, acts like them, 23 lives like them, has their outlook to be on the 12541 1 Banking Board as a public member. 2 ACTING PRESIDENT KUHL: Is there 3 any other Senator wishing to speak on the 4 nominations? Hearing none, the question is on 5 the nomination of William P. Brosnahan, 6 Michael D. Grosso, Edward B. Kramer, Jeffrey A. 7 Moerdler, to become members, public members of 8 the State Banking Board. All those in favor of 9 the nominations, signify by saying aye. 10 (Response of "Aye.") 11 All those opposed, nay. 12 (There was no response.) 13 Senator Leichter, you're negative 14 with regard to - 15 SENATOR LEICHTER: Kramer. 16 ACTING PRESIDENT KUHL: -- Edward 17 B. Kramer; will be noted for the record. The 18 nominees are confirmed. 19 Secretary will read. 20 THE SECRETARY: Banking member of 21 the State Banking Board, Thomas Siciliano, of 22 Commack. 23 ACTING PRESIDENT KUHL: Question 12542 1 of is on the nomination of Thomas Siciliano, to 2 become a banking member of the State Banking 3 Board. All those in favor, signify by saying 4 aye. 5 (Response of "Aye.") 6 Opposed nay. 7 (There was no response. ) 8 The nominee is confirmed. 9 Secretary will read. 10 THE SECRETARY: Member of the New 11 York State Financial Control Board, Robert G. 12 Smith of Mattituck. 13 ACTING PRESIDENT KUHL: Question 14 is on the nomination of Robert G. Smith, of 15 Mattituck, to become a member of the New York 16 State Financial Control Board. All those in 17 favor, signify by saying aye. 18 (Response of "Aye.") 19 Opposed, nay. 20 (There was no response.) 21 The nominee is confirmed. 22 Secretary will read. 23 THE SECRETARY: Joel B. Mounty, 12543 1 of Scarsdale, as a Director of the Municipal 2 Assistance Corporation for New York City. 3 ACTING PRESIDENT KUHL: Question 4 is on the nomination of Joel B. Mounty to become 5 a Director of the Municipal Assistance 6 Corporation of the city of New York. All those 7 in favor, signify by saying aye. 8 (Response of "Aye.") 9 Opposed, nay. 10 (There was no response. ) 11 The nominee is confirmed. 12 Secretary will read. 13 THE SECRETARY: Members of the 14 Board of Directors of the Roosevelt Island 15 Operating Corporation, Francis R. Angelino, of 16 New York City; Joan O. Dawson, of New York 17 City. 18 ACTING PRESIDENT KUHL: Question 19 is on the nomination of Francis R. Angelino and 20 Joan O. Dawson to become members of the Board of 21 Directors of the Roosevelt Island Operating 22 Corporation. All those in favor, signify by 23 saying aye. 12544 1 (Response of "Aye.") 2 Opposed, nay. 3 (There was no response.) 4 The nominees are confirmed. 5 Secretary will read. 6 THE SECRETARY: Louis P. 7 Ciminelli, of Buffalo as a Trustee of the State 8 Power Authority. 9 ACTING PRESIDENT KUHL: Chair 10 recognizes Senator Maziarz on the nomination. 11 SENATOR MAZIARZ: Thank you, Mr. 12 President. 13 Mr. President, I'm not personally 14 acquainted with Louis P. Ciminelli, but one 15 could not live in western New York and not be 16 familiar with the Ciminelli family and the 17 Ciminelli name. Louis Ciminelli took over as 18 currently the Chief Executive Officer of 19 Ciminelli Construction Company, a company 20 founded by his father back in the 1950s. This 21 construction company has consistently been 22 ranked as one of the top 200 construction firms 23 -- management construction firms in the 12545 1 nation. 2 Mr. Ciminelli is very active in 3 many charitable causes in western New York. He 4 is always in the newspaper as being at the fore 5 front of fund drives for the Buffalo Philhar 6 monic and like organizations, and I could think 7 of no name from western New York to succeed 8 Commissioner John Daly and former Senator John 9 Daly, my predecessor, than Louis P. Ciminelli. 10 Thank you, Mr. Chairman. 11 ACTING PRESIDENT KUHL: Chair 12 recognizes Senator Nanula. 13 SENATOR NANULA: Thank you, Mr. 14 President. 15 Lou Ciminelli is, first of all, a 16 constituent of mine. He lives in the city of 17 Buffalo. Second of all, he's a good and very 18 close friend of mine. I've worked with Mr. 19 Ciminelli in a variety of capacities. We've 20 worked together in business. We've worked 21 together in terms of various fund-raising 22 capacities, mostly for charitable purposes, and 23 as Senator Maziarz pointed out, Lou Ciminelli 12546 1 and his entire family have been great pillars of 2 the entire western New York community and have 3 really enhanced the quality of life for western 4 New Yorkers at the hand of the great things 5 they've done, the great contributions they've 6 made as business people and as good community 7 citizens. 8 Right now we're going through a 9 very challenging time in regards to the 10 distribution of power, of energy, in this state, 11 a lot of proposed changes, a time when the New 12 York City Power Authority is going to need 13 qualified people who have a vested interest and 14 concern in the quality of life of New Yorkers. 15 I'm certain that Mr. Ciminelli is going to do an 16 excellent job not only for protecting the 17 interests of people from western New York but 18 the interests of people of New York State in 19 bringing his dynamic background to the role of 20 trustee of the New York State Power Authority. 21 Mr. President, I urge this body 22 to move forward his nomination. 23 Thank you. 12547 1 ACTING PRESIDENT KUHL: Chair 2 recognizes Senator Volker on the nomination. 3 SENATOR VOLKER: Mr. President, I 4 too know Lou Ciminelli very well, but I think it 5 should be said, and it was mentioned by Senator 6 Maziarz that Mr. Ciminelli replaces a former 7 Senator and now Commissioner John B. Daly, who 8 will probably go down in history as the shortest 9 serving member of the Power Authority. 10 I think you remember what 11 happened here was that John was enlisted to be a 12 member of the Authority when we were short a 13 member here not too long ago. I talked to John 14 last night, and he said he really wasn't 15 insulted because he was happy to have been 16 serving there even for the short time that he 17 was serving, but I do want to say that while Lou 18 Ciminelli probably runs one of the largest 19 construction companies in the nation, he is 20 certainly a classic western New York person who, 21 as Anthony has said and also Senator Maziarz, 22 has been a major pillar of strength in western 23 New York, and we're happy to have him on the 12548 1 Power Authority. 2 He certainly knows a great deal 3 about those kinds of things that need to be done 4 in -- in moving the Power Authority even farther 5 into the 20th Century. 6 ACTING PRESIDENT KUHL: Chair 7 recognizes Senator Rath. 8 SENATOR RATH: Thank you, Mr. 9 President. 10 I, too, rise as a member of the 11 western New York delegation to second Lou 12 Ciminelli's nomination to the position of 13 Trustee of the Power Authority. 14 I've known the Ciminelli family 15 for a long, long time. I knew Mrs. Ciminelli 16 before she was Mrs. Ciminelli. That's how far 17 back I go with the family and with knowing their 18 commitment to western New York -- not for just 19 the last 10, 15 or 20 years but longer than 20 that. 21 Lou Ciminelli comes from people 22 who care about western New York, and indeed all 23 of New York State, as is evidenced by their 12549 1 long-standing reputation for community service 2 on boards, agencies, societies, all of the 3 thankless jobs that people do, and Lou Ciminelli 4 -- and I have served on boards with Lou -- is 5 one of the people that brings a quiet, 6 thoughtful, considered opinion to every group 7 that he's in and then carries forth the task 8 that he's asked to do as he leaves the room 9 again, these thankless, endless ongoing boards, 10 agencies, organizations that we all belong to 11 and that are part of the fabric of our 12 communities. 13 Lou will be a wonderful addition, 14 certainly a very clear representative of western 15 New York, and someone I believe that we will all 16 be proud of, and I am very proud to second his 17 nomination. 18 ACTING PRESIDENT KUHL: Is there 19 any other Senator wishing to speak on the 20 nomination? Hearing none, the question is on 21 the nomination of Louis P. Ciminelli to become a 22 Trustee of the Power Authority of the state of 23 New York. All those in favor, signify by saying 12550 1 aye. 2 (Response of "Aye.") 3 Opposed, nay. 4 (There was no response. ) 5 The nominee is confirmed. 6 Secretary will read. 7 THE SECRETARY: Member of the New 8 York State Energy Research and Development 9 Authority, William R. Howell, of Rockville 10 Centre. 11 ACTING PRESIDENT KUHL: Question 12 is on the nomination of William R. Howell, of 13 Rockville Centre to become a member of the New 14 York State Energy Research and Development 15 Authority. All those in favor, signify by 16 saying aye. 17 (Response of "Aye.") 18 Opposed, nay. 19 (There was no response. ) 20 The nominee is confirmed. 21 Secretary will read. 22 THE SECRETARY: Member of the New 23 York State Olympic Regional Development 12551 1 Authority, Janet H. Bliss, of Lake Placid. 2 ACTING PRESIDENT KUHL: Question 3 is on the nomination of Janet H. Bliss to become 4 a member of the New York State Olympic Regional 5 Development Authority. All those in favor, 6 signify by saying aye. 7 (Response of "Aye.") 8 Opposed, nay. 9 (There was no response.) 10 The nominee is confirmed. 11 Secretary will read. 12 THE SECRETARY: Members of the 13 State Board for Historic Preservation, Robert B. 14 Mackay, of Huntington; Charles D. Urstadt, of 15 New York City. 16 ACTING PRESIDENT KUHL: Question 17 is on the nomination of two members to become 18 members of the State Board for Historic 19 Preservation. All those in favor, signify by 20 saying aye. 21 (Response of "Aye.") 22 Opposed, nay. 23 (There was no response.) 12552 1 The nominees are confirmed. 2 Secretary will read. 3 THE SECRETARY: Member of the 4 State Park, Recreation and Historic Preservation 5 Commission for the city of New York, Theodore 6 Roosevelt IV, of Brooklyn. 7 ACTING PRESIDENT KUHL: The 8 question is on the nomination of Theodore 9 Roosevelt IV, of Brooklyn, to become a member of 10 the State Park, Recreation and Historic 11 Preservation Commission of the city of New 12 York. 13 Senator Rath on the nomination. 14 SENATOR RATH: Mr. Chairman, can 15 anyone from the city of New York tell me if 16 Theodore Roosevelt IV is related to our former 17 president, Theodore Roosevelt? 18 I would think probably there 19 would have to be a familial relationship there, 20 and I think for this nomination to go -- I don't 21 know the man at all, but Theodore Roosevelt was 22 a member of this august body, and for that many 23 years that have gone by and for his name to come 12553 1 again in front of this chamber for an 2 appointment for his great great great grandson 3 -- am I correct on the number of "greats"? - 4 maybe only two "greats" and one "grand," I think 5 it would be unconscionable for us not to say 6 that it is wonderful that, in the tradition of 7 the Roosevelt family, yet again another 8 Roosevelt is going to serve the state of New 9 York, and I would like to second his 10 nomination. 11 Thank you. 12 ACTING PRESIDENT KUHL: The 13 question is on the nomination of Theodore 14 Roosevelt IV of Brooklyn, New York, the great 15 great great grandson of Theodore Roosevelt, to 16 become a member of the State Park, Recreation 17 and Historic Preservation Commission for the 18 city of New York. All those in favor, signify 19 by saying aye. 20 (Response of "Aye.") 21 Opposed, nay. 22 (There was no response.) 23 The nominee is confirmed. 12554 1 Secretary will read. 2 THE SECRETARY: Member of the 3 Long Island State Park, Recreation and Historic 4 Preservation Commission, Peter L. Kramer of 5 Locust Valley. 6 ACTING PRESIDENT KUHL: Question 7 is on the nomination of Peter L. Kramer, of 8 Locust Valley, to become a member of the Long 9 Island State Park, Recreation and Historic 10 Preservation Commission. All those in favor - 11 SENATOR MARCELLINO: Mr. 12 President. 13 ACTING PRESIDENT KUHL: Senator 14 Marcellino. 15 SENATOR MARCELLINO: Mr. 16 President, I have to rise to second the 17 nomination of Peter L. Kramer. Peter is a long 18 time volunteer and a long-time resident of my 19 district, served my counties, served both of my 20 counties well and with distinction. He's a 21 member of a distinguished law firm. He has 22 volunteered many, many hours in his community 23 and many, many hours with the Long Island State 12555 1 Park, Recreation and Historic Preservation 2 Commission. He will serve us well, and I second 3 the nomination. 4 ACTING PRESIDENT KUHL: The 5 question is on the nomination of Peter L. Kramer 6 to become a member of the Long Island State 7 Park, Recreation and Historic Preservation 8 Commission. All those in favor, signify by 9 saying aye. 10 (Response of "Aye.") 11 Opposed, nay. 12 (There was no response.) 13 The nominee is confirmed. 14 Secretary will read. 15 THE SECRETARY: Members of the 16 Oswego Port Authority, Daniel Dorsey, of Oswego; 17 Frank E. Sayer, of Oswego; Richard J. Tesoriero, 18 of Oswego; Steven W. Thomas, of Oswego. 19 ACTING PRESIDENT KUHL: Chair 20 recognizes Senator Wright on the nomination. 21 SENATOR WRIGHT: Thank you, Mr. 22 President. 23 I rise to move the nominations 12556 1 for the appointment of members of the Port of 2 Oswego Authority. I know all four of these 3 individuals personally. Mr. Sayer is currently 4 being nominated for reappointment, having served 5 as a member for a number of years. More 6 importantly, the three new appointees are 7 indicative of a new generation of leadership 8 that is coming to the Port of Oswego. 9 Many of these vacancies have 10 continued for a number of years. I'm very 11 pleased to see that the Governor has chosen to 12 fill these vacancies and they're comprised of 13 individuals who are young individuals within our 14 community, establishing new roles within the 15 business community, and will provide the type of 16 outstanding leadership that we're looking 17 forward to in the vital role that the Port plays 18 in the economic growth of the Oswego area. 19 So it's my privilege to stand and 20 nominate and recommend to my colleagues all four 21 of these individuals for appointment. 22 Thank you. 23 ACTING PRESIDENT KUHL: The 12557 1 question is on the nomination of the four 2 nominees to become members of the Port of Oswego 3 Authority. All those in favor, signify by 4 saying aye. 5 (Response of "Aye.") 6 Opposed, nay. 7 The nominees are confirmed. 8 Secretary will read. 9 THE SECRETARY: Member of the 10 Metropolitan Transportation Authority, Lawrence 11 W. Gamache, of Greenwood Lake. 12 ACTING PRESIDENT KUHL: Is there 13 any Senator wishing to speak on the nomination? 14 Hearing none, the question is on the nomination 15 of Lawrence W. Gamache to become a member of the 16 Metropolitan Transportation Authority. All 17 those in favor, signify by saying aye. 18 (Response of "Aye.") 19 Opposed, nay. 20 (There was no response.) 21 The nominee is confirmed. 22 Secretary will read. 23 THE SECRETARY: Alternate non 12558 1 voting member of the Metropolitan Transportation 2 Authority, Ronnie Ackman, of Chappaqua. 3 ACTING PRESIDENT KUHL: Any 4 member wishing to speak on the nomination? 5 Hearing none, the question is on the nomination 6 of Ronnie Ackman to be a non-voting member of 7 the Metropolitan Transportation Authority. All 8 those in favor, signify by saying aye. 9 (Response of "Aye.") 10 Opposed, nay. 11 (There was no response.) 12 The nominee is confirmed. 13 Secretary will read. 14 THE SECRETARY: Members of the 15 Stewart Airport Commission, John H. Dippel, of 16 New Paltz; Frances S. Reese, of Hughsonville, 17 and Jean Rowe, of Pine Bush. 18 ACTING PRESIDENT KUHL: Is there 19 any member wishing to speak on the nominations? 20 Hearing none, the question is on the nominations 21 of three members to become members of the 22 Stewart Airport Commission. All those in favor, 23 signify by saying aye. 12559 1 (Response of "Aye.") 2 Opposed, nay. 3 (There was no response.) 4 The nominees are confirmed. 5 Secretary will read. 6 THE SECRETARY: Member of the 7 Rochester-Genesee Regional Transportation 8 Authority, William R. Nojay, of Pittsford. 9 ACTING PRESIDENT KUHL: Is there 10 any member wishing to speak on the nomination? 11 Hearing none, the question is on the - 12 SENATOR DOLLINGER: Mr. 13 President. 14 ACTING PRESIDENT KUHL: Senator 15 Dollinger. 16 SENATOR DOLLINGER: Mr. 17 President, on Mr. Nojay, I guess I'm going to 18 vote in favor of this nominee although, frankly, 19 I'm a bit troubled because Mr. Nojay is going to 20 go to work on the public transportation issues 21 that affect my community. Never spoken to me, 22 never spoken to Senator Jones and, while perhaps 23 I could understand how the political dynamics 12560 1 suggest he wouldn't necessarily do that, I did 2 call the chairman of the Assembly Transportation 3 Committee, who happens to be right from the 4 heart of the Rochester-Genesee Regional 5 Transportation Authority district, Assemblyman 6 David Gantt, who is the chairman of the Assembly 7 Transportation Committee. Mr. Nojay hasn't 8 contacted him either. 9 So I guess I'd -- I'd perhaps say 10 bad form to Mr. Nojay and perhaps bad form to 11 the second floor vis-a-vis communication with 12 those of us who are the elected representatives 13 in this body and the body on the other side of 14 this building about nominees and when they come 15 to the floor. 16 I won't make any comment about 17 Mr. Nojay. He seems to be a competent man, but 18 the process that seems to have been followed 19 here seems to be a little suspect, and I would 20 hope that, in the future, when nominees to the 21 Rochester Regional Authority come up, they will 22 contact perhaps Senator Jones and myself who 23 represent that community, and also Assemblyman 12561 1 Gantt, who is both the representative of the 2 community and the chairman of the Assembly 3 Transportation Committee. 4 I will be voting "aye" with 5 reservations, Mr. President. 6 ACTING PRESIDENT KUHL: Is there 7 any other Senator wishing to speak on the 8 nomination? Hearing none, the question is on 9 the nomination of William R. Nojay, of 10 Pittsford, New York to become a member of the 11 Rochester-Genesee Regional Transportation 12 Authority, all those in favor, signify by saying 13 aye. 14 (Response of "Aye.") 15 Opposed nay. 16 (There was no response.) 17 The nominee is confirmed. 18 Secretary will read. 19 THE SECRETARY: Member of the 20 Port Authority of New York and New Jersey, 21 Madelon Devoe Talley, of New York City. 22 ACTING PRESIDENT KUHL: Is there 23 any Senator wishing to speak on the nomination? 12562 1 Hearing none, the question is on the nomination 2 of Madelon Talley to become a member of the Port 3 Authority of New York and New Jersey. All those 4 in favor, signify by saying aye. 5 (Response of "Aye.") 6 Opposed nay. 7 (There was no response.) 8 Senator Smith will be recorded in 9 the negative. The nominee -- the resolution - 10 excuse me. The confirmation is approved. The 11 nominee is confirmed. Secretary will read. 12 THE SECRETARY: Member of the 13 Board of Trustees of Cornell University, Jerold 14 R. Ruderman, of Scarsdale. 15 ACTING PRESIDENT KUHL: Any 16 member wishing to speak on the nomination? 17 Hearing none, the question is on the nomination 18 of Jerold Ruderman to become a member of the 19 Board of Trustees of Cornell University. All 20 those in favor, signify by saying aye. 21 (Response of "Aye.") 22 Opposed, nay. 23 (There was no response.) 12563 1 The nominee is confirmed. 2 Secretary will read. 3 THE SECRETARY: Member of the 4 Dormitory Authority, Patrick P. Lee, of Orchard 5 Park. 6 ACTING PRESIDENT KUHL: Chair 7 recognizes Senator Rath on the nomination. 8 SENATOR RATH: Thank you, Mr. 9 President. 10 Patrick Lee, of Orchard Park, 11 which is a community in what Buffalo calls the 12 "South Town" which is opposed to the "North 13 Town" who got all the snow this week -- the 14 south towns didn't get much -- and those of you 15 who know western New York know that 16 traditionally that's the reverse of what happens 17 and I only bring that to your attention because 18 it seems like every time I stand up on the floor 19 of the Legislature, I sound like someone who is 20 an old friend, and actually that's pretty much 21 what happens in a community like Buffalo and 22 western New York, everyone is an old friend. 23 There are a number of people who 12564 1 are very active in the community, and we pretty 2 much know each other, and Pat Lee, although in 3 the South Town has been one of those leaders in 4 our community on any number of organizations to 5 deal with the quality of life in our community, 6 but mostly the business community, I would say. 7 You can see from his resume that 8 he's an extraordinarily successful businessman. 9 His MCI -- IMC new division that he's put 10 together has sales of well over a hundred 11 million a year and approximately nine hundred 12 plus employees and four hundred of them in 13 western New York and other places around the 14 world, locations in Belgium -- or Germany, 15 pardon me -- and Japan. 16 So we have a major worldwide 17 businessman here who is going to be going - 18 going to work for us in the Dormitory Authority 19 in a position where he will make all of us very 20 proud because he will be conscientious and will 21 serve there as he has served not only his 22 businesses but his community. 23 I'm very proud to second the 12565 1 nomination of Patrick Lee. 2 ACTING PRESIDENT KUHL: Is there 3 any other Senator wishing to speak on the 4 nomination? 5 Senator Volker. 6 SENATOR VOLKER: Mr. President, 7 as Senator Rath said, that Mr. Lee is from 8 Orchard Park which is represented by myself, 9 formerly represented, by the way, by Senator 10 Stachowski, but I represent Orchard Park now, 11 and he is an old friend of mine that served - 12 in addition to what Senator Rath said, has 13 served with me on a number of boards at Canisius 14 College, in fact right now on the board of 15 trustees and is a Regent Emeritus of Canisius 16 College, which I am not an emeritus, I am on the 17 board of Canisius College. 18 As Senator Rath said, he's very 19 active in the community, one of the top business 20 leaders of the area and the companies that he 21 has been involved with have been companies that 22 are a very strong part, not only of western New 23 York but I guess in particular part of my 12566 1 district, and I know Pat Lee. 2 I think he'll do an excellent job 3 in the Dormitory Authority, and he has talked to 4 me about -- about his activities and which I 5 think, by the way, in deference to Senator 6 Dollinger, I think he makes a point that it 7 would be good, I think, for people to 8 communicate with the legislators that represent 9 the area, and let me just say that all the 10 people in the western New York group that have 11 been appointed have all been discussing with us 12 and talked to us, and I think that is a very 13 good point that they should and they have, and I 14 would like to recommend Pat Lee for the 15 Dormitory Authority. 16 ACTING PRESIDENT KUHL: Is there 17 any other Senator wishing to speak on the 18 nomination? Hearing none, the question is on 19 the nomination of Patrick P. Lee, of Orchard 20 Park to become a member of the Dormitory 21 Authority. All those in favor, signify by 22 saying aye. 23 (Response of "Aye.") 12567 1 Opposed, nay. 2 (There was no response.) 3 The nominee is confirmed. 4 Secretary will read. 5 THE SECRETARY: Commissioner of 6 the State Insurance Fund, Robert H. Hurlbut, of 7 Honeoye Falls. 8 ACTING PRESIDENT KUHL: Is there 9 any Senator wishing to speak on the nomination? 10 Hearing none, the question is on the nomination 11 of Robert H. Hurlbut, of Honeoye Falls, to 12 become a Commissioner of the State Insurance 13 Fund. All those in favor, signify by saying 14 aye. 15 (Response of "Aye.") 16 Opposed, nay. 17 (There was no response.) 18 The nominee is confirmed. 19 Secretary will read. 20 THE SECRETARY: Member of the 21 State Council on the Arts, Sara Barclay, of 22 Pulaski. 23 ACTING PRESIDENT KUHL: Is there 12568 1 any Senator wishing -- Chair recognizes Senator 2 Marchi. 3 SENATOR MARCHI: Mr. President, 4 it says Sara, but we know her as Edie, a very 5 distinguished lady whom we, many of us came to 6 know when she came up here with her husband, 7 Doug Barclay, a member, a gracious lady 8 appointed to the Council of the Arts by Governor 9 Cuomo back in 1988 on the basis of a long and 10 distinguished, I won't call it a career but a 11 calling from patronizing so many fine activities 12 that all led to a wholesome basis for cultural 13 activities. 14 A graduate of the University of 15 Wisconsin, she was on the Executive Committee 16 for both Boy Scouts and Girl Scouts and Junior 17 League and the list is endless, where she gave 18 of her time and her commitment with a great 19 sense of dedication and effectiveness to these 20 services. She continues, and very happy that 21 Governor Pataki has re-submitted her name in the 22 form of renomination, because it -- if the past 23 is prologue, we know what we can continue to 12569 1 expect from -- from Edie Barclay -- Sara 2 Barclay, when we confirm her. 3 ACTING PRESIDENT KUHL: Any other 4 Senator wishing to speak on the nomination? 5 Senator Stafford. 6 SENATOR STAFFORD: Thank you, Mr. 7 President. 8 Senator Marchi has said it so 9 well. The Barclays are close friends of mine. 10 As Senator Marchi said, really when they don't 11 have to, they spend so much time making things 12 better for other people. I have served on the 13 board of trustees with her at St. Lawrence. One 14 of the hardest working trustees serving or 15 anyone will ever see. 16 It's a pleasure for me to also 17 join in moving the confirmation of Edie 18 Barclay. I would only say this, that we'll be 19 sure of one thing when she's serving, there'll 20 be one person on that Council working hard, and 21 that's her. 22 ACTING PRESIDENT KUHL: The 23 question is on the nomination of Sara Barclay of 12570 1 Pulaski to become a member of the State Council 2 on the Arts. All those in favor, signify by 3 saying aye. 4 (Response of "Aye.") 5 Opposed, nay. 6 (There was no response. ) 7 The the nominee is confirmed. 8 Secretary will read. 9 THE SECRETARY: Richard A. 10 Desrochers, of Ballston Lake. 11 ACTING PRESIDENT KUHL: The 12 question is on the nomination of Richard A. 13 Desrochers, of Ballston Lake, to become a member 14 of the State Council on Youth. All those in 15 favor, signify by saying aye. 16 (Response of "Aye.") 17 Opposed, nay. 18 The nominee is confirmed. 19 The Chair recognizes Senator 20 Bruno. 21 SENATOR BRUNO: Mr. President, 22 can we at this time hand up some changes that we 23 are making in committee chairs and ask that they 12571 1 be read at this time? 2 ACTING PRESIDENT KUHL: Secretary 3 will read. 4 THE SECRETARY: Senator Bruno 5 hands up the following notice of committee 6 changes: 7 Senator Marcellino replaces 8 Senator Tully as chair of the Environmental 9 Conservation Committee. 10 Senator Johnson replaces Senator 11 Marcellino as chair of the Ethics Committee. 12 Senator Johnson replaces Senator 13 Marcellino as co-chair of the Legislative Ethics 14 Committee. 15 Senator Rath replaces Senator 16 Larkin as chair of the Local Government 17 Committee. 18 Senator Maziarz replaces Senator 19 Rath as co-chair of the Administrative 20 Regulation Review Commission. 21 Senator Rath replaces Senator 22 Cook as a member of the Administrative 23 Regulation Review Commission. 12572 1 Senator Tully replaces Senator 2 Maziarz as co-chair of the Commission on Water 3 Resource Needs of New York State and Long 4 Island. 5 Senator Goodman is appointed as a 6 member of the Commission on Water Resource Needs 7 of New York State and Long Island. 8 ACTING PRESIDENT KUHL: The Chair 9 directs that the hand-up will be filed in the 10 Journal. 11 Senator Bruno. 12 SENATOR BRUNO: Mr. President, I 13 would like to also at this time announce that, 14 when we return in January, we in this Senate 15 will be creating a new Standing Committee on 16 Racing, Wagering and Casinos. 17 We all know that that is an 18 important area that has been under review 19 constantly and continually, and the Assembly has 20 had a Standing Committee on Racing and Wagering 21 and Casinos for several years. 22 So with the process that is 23 necessary, when we return in January, we will 12573 1 name Senator William Larkin chair of that 2 standing committee and members will then be 3 announced. 4 Thank you, Mr. President. 5 SENATOR CONNOR: Mr. President. 6 ACTING PRESIDENT KUHL: The Chair 7 recognizes Senator Connor. 8 SENATOR CONNOR: Thank you, Mr. 9 President. 10 Without redoing it, because we 11 all bade farewell to Senator Solomon last time 12 we met, not realizing we'd be back on this 13 occasion, but today is, I expect -- Senator 14 Solomon, as you know, was successful in the 15 election in the county of Kings and is, on 16 January 1st, assuming the bench, and since this 17 is the last time we will meet in formal session, 18 I would just like to note he is with us today 19 and we all wish him well. 20 (Applause) 21 Mr. President, could the Chair 22 recognize Senator Montgomery for an 23 announcement? 12574 1 ACTING PRESIDENT KUHL: The Chair 2 recognizes Senator Montgomery. 3 SENATOR MONTGOMERY: Thank you, 4 Mr. President. 5 I would like to announce that 6 immediately following this session, the Senate 7 Democrats will have a conference in the 8 Conference Room of the Minority Leader. 9 Thank you. 10 ACTING PRESIDENT KUHL: There 11 will be a Minority Conference immediately 12 following session in the Minority Conference 13 Room. 14 Chair recognizes Senator Bruno. 15 SENATOR BRUNO: Mr. President, 16 there being no further business to come before 17 the Senate, I move that we stand adjourned 18 subject to the call of the Majority Leader and 19 that we move in the memory of our outstanding 20 colleague, Senator Joseph Galiber. 21 ACTING PRESIDENT KUHL: Without 22 objection, the Senate stands adjourned in memory 23 of our outstanding member departed, until the 12575 1 further call of the Majority Leader. 2 (Whereupon, at 3:12 p.m., the 3 Senate adjourned.) 4 5 6 7 8