Monroe County Legislature
June 13, 2006
Page 1
SEVENTH DAY
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TUESDAY, JUNE 13, 2006
______
Legislature met pursuant to adjournment.
President Wayne E. Zyra in the Chair.
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ROLL CALL
Present Legislators Adair, Aldersley, Andrews, Barker, Bronson, Cassetti, Colby, DiRaddo, Dobson, Driscoll, Eckel, Gamble, Haney, Hanna, Heider, LaFountain, Lee, Malta, McCann, O’Brien, Palumbo, Quatro, Smith, Tucciarello, Valerio, Yolevich, Zyra 28
Absent Legislator Lightfoot - 1
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Meeting formally opened. At the invitation of Legislator Stephanie Polowe Aldersley, Reverend Gordon Webster, Downtown United Presbyterian Church, delivered the invocation. The Pledge of Allegiance to the Flag was led by Legislator Glenn J. Gamble
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IN MEMORIAM
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- Smith &06-0252Expressing Regret Of The Monroe County Legislature On The
PalumboRecent Passing Of Mrs. Elizabeth Nowatka Polowe
Intro. 188Matter Of Urgency
Res. 143
28-0 This resolution was read into record and adopted unanimously with each Legislator rising in her or his place for a moment of silence.
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APPROVAL OF MINUTES
Without objection, the journal of the session of Day 6, May 9, 2006 was approved as submitted.
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PETITIONS AND COMMUNICATIONS
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PROCLAMATIONS
By the President of the Legislature — WAYNE E. ZYRA
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Recognized Jointly with Legislator Bill Smith "Andrew Kay" for being the 2006 Boy’s State Golf Champion.
Read and Filed.
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Recognized " Tracey Britton" for being identified as the National Soccer Coaches Association of America Junior College Division I Women’s ‘Coach of the Year’.
Read and Filed.
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Recognized "Kelley VanDenburg" for winning the 2006 Girl’s State Golf Championship.
Read and Filed.
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Recognized Jointly with Legislators E. Daniel Quatro, R. Anthony LaFountain and Stephanie Polowe Aldersley "Paul Averill" for his unwavering courage and perseverance, and ability to inspire those facing similar adversity in their own lives.
Read and Filed.
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Recognized Jointly with Legislators Bill Smith and Carla M. Palumbo "Krystal Hooper" for serving as an inspiration to our community.
Read and Filed.
Recognized Jointly with Legislator Calvin Lee, Jr. "Reverend Errol Hunt" of the Frederick Douglass Community Development Corporation for its invaluable contribution to our community.
Read and Filed.
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FORMAL COMMITTEE REPORTS
NONE
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PUBLIC FORUM
An Open Forum was conducted to allow speakers to address the Legislature. Twenty-two speakers addressed the Legislature on various subjects and the Open Forum concluded at 7:33 P.M.
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MOTIONS, RESOLUTIONS AND NOTICES
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Intro. 189Heider/Eckel
M. 38Motion to Suspend the Rules for the Purpose of Considering a Rejected Proposed
11-17Referral entitled “Cap Of County Sales Tax on Gasoline”
(Legislators Palumbo, Aldersley, Andrews, Bronson, Cruz, Eckel, Gamble, Haney, Heider, Lee and O’Brien voted in the positive)
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1.Driscoll &06-0172 Resolution Approving The Issuance Of Certain Bonds By The County Of Monroe
LaFountainIndustrial Development Agency And Pledging Non-Interference With The Rights Of The
Intro. 190Holders Of The Bonds
Res. 144Planning and Economic Development Committee; April 24, 2006 – CV: 5-0
28-0Ways and Means Committee; April 26, 2006 – CV: 10-0
2.Colby &06-0174Reappointment To Monroe Community College Board Of Trustees
Valerio
Intro. 191
Res. 145
28-0
3.Colby &06-0175Reappointment To Monroe County Water Authority Board
Valerio
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RECESS
President Zyra requested a brief recess.
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RECONVENING LEGISLATURE
President Zyra reconvened the recessed meeting of June 13, 2006 and proceeded under the Usual Order of Business.
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Colby &06-0175
Valerio
Intro. 192
Res. 146
17-11(Legislators Palumbo, Aldersley, Andrews, Bronson, Cruz, Eckel, Gamble, Haney, Heider, Lee and O’Brien voted in the negative)
4.Driscoll &06-0180Approving 2006-2007 Operating And Capital Budgets For The Cultural Center
LaFountainCommission
Intro. 193Planning and Economic Development Committee; May 22, 2006 - CV: 5-0
Res. 147Ways and Means Committee; May 25, 2006 - CV: 9-0
28-0
5.Driscoll &06-0181Approving Submission Of Monroe County 2006 Annual Action Plan To United States
LaFountainDepartment Of Housing And Urban Development (HUD); Accepting Grant From HUD
Intro. 194 For Community Development Programs; And Authorizing Agreements
Res. 148Planning and Economic Development Committee; May 22, 2006 – CV: 5-0
28-0Ways and Means Committee; May 25, 2006 – CV: 9-0
6.Driscoll &06-0182Resolution Approving The Issuance Of Certain Bonds By The County Of Monroe LaFountain Industrial Development Agency And Pledging Non-Interference With The Rights Of The
Intro. 195Holders Of The Bonds
Res. 149Planning and Economic Development Committee; May 22, 2006 – CV: 5-0
28-0Ways and Means Committee; May 25, 2006 – CV: 9-0
- Driscoll,06-0183Adopting 2007-2012 Capital Improvement Program
LaFountain,Planning and Economic Development Committee; May 22, 2006 – CV: 5-0
Barker,Ways and Means Committee; May 25, 2006 – CV: 9-0
Valerio,Public Safety Committee; May 22, 2006 – CV: 7-0
Cassetti,Recreation and Education Committee; May 23, 2006 – CV: 5-0
Dobson,Human Services Committee; May 23, 2006 – CV: 7-0
Malta &Intergovernmental Relations Committee; May 23, 2006 – CV: 4-0
Tucciarello Environment and Public Works Committee; May 24, 2006 – CV: 7-0
Intro. 196Transportation Committee; May 24, 2006 – CV: 5-0
(For Introductory Purposes Only)
8.Driscoll,06-0183Providing That Resolution (Intro. No. _____ Of 2006), "Adopting 2007-2012 Capital
LaFountain,Improvement Program” Be Tabled
Barker,
Valerio,
Cassetti,
Dobson,
Malta &
Tucciarello
Intro. 197
M. 39
28-0
9.Driscoll,06-0183Fixing Public Hearing For Adoption Of 2007-2012 Capital Improvement Program
LaFountain,(Public Hearing is Scheduled for July 11, 2006 at 6:15 P.M.)
Barker,
Valerio,
Cassetti,
Dobson,
Malta &
Tucciarello
Intro. 198
Res. 150
28-0
10.Barker &06-0184Accepting Grant From New York State Division Of Criminal Justice Services For Public
LaFountainDefender Enhanced Defense Program
Intro. 199Public Safety Committee; May 22, 2006 - CV: 7-0
Res. 151Ways and Means Committee; May 25, 2006 - CV: 9-0
28-0
11.Barker &06-0185Accepting Grant From New York State Division Of Criminal Justice Services For Public
LaFountainDefender Appeals Backlog Reduction Project
Intro. 200Public Safety Committee; May 22, 2006 - CV: 7-0
Res. 152Ways and Means Committee; May 25, 2006 - CV: 9-0
28-0
12.Barker &06-0186Accepting Gift From Crimson Fire For Use Of Fire Pumper Vehicle
LaFountainPublic Safety Committee; May 22, 2006 - CV: 7-0
Intro. 201Ways and Means Committee; May 25, 2006 - CV: 9-0
Res. 153
28-0
13.Barker,06-0187Authorizing Intermunicipal Agreement With Penfield Central School District For
Malta &Purchase Of Fuel For Monroe County Sheriff’s Office Vehicles
LaFountainPublic Safety Committee; May 22, 2006 - CV: 7-0
Intro. 202Intergovernmental Relations Committee – May 23, 2006 – CV: 4-0
Res. 154Ways and Means Committee; May 25, 2006 - CV: 9-0
28-0
14.Barker,06-0188Authorizing Intermunicipal Agreement With Town Of Penfield For Purchase Of
Malta &Fuel For Monroe County Sheriff’s Office Vehicles
LaFountainPublic Safety Committee; May 22, 2006- CV: 7-0
Intro. 203Intergovernmental Relations Committee: May 23, 2006 – CV: 4-0
Res. 155Ways and Means Committee; May 25, 2006 - CV: 9-0
28-0
15.Barker &06-0189Accepting Grant From New York State Division Of Criminal Justice Services For LaFountain Sheriff’s Greenhouse Vocational Program
Intro. 204Public Safety Committee; May 22, 2006 – CV: 7-0
Res. 156Ways and Means Committee; May 25, 2006 - CV: 9-0
28-0
16.Barker &06-0190Authorizing Contract With Justice Benefits, Inc. To Identify And Process
LaFountainFederal Reimbursement Programs For Monroe County Sheriff’s Office
Intro. 205Public Safety Committee; May 22, 2006 - CV: 7-0
Res. 157Ways and Means Committee; May 25, 2006- CV: 9-0
28-0
17.Barker &06-0191Accepting Grant From New York State Division Of Criminal Justice
LaFountainServices For Firearm Lab Capacity Enhancement Initiative
Intro. 206Public Safety Committee; May 22, 2006- CV: 7-0
Res. 158Ways and Means Committee; May 25, 2006 - CV: 9-0
28-0
18.Valerio &06-0192Authorizing Application For Grant From New York State Office Of Parks,
LaFountainRecreation And Historic Preservation For Restoration Of Warner Castle In
Intro. 207Highland Park
Res. 159Recreation and Education Committee; May 23, 2006 - CV: 5-0
28-0Ways and Means Committee; May 25, 2006 - CV: 9-0
19.Dobson &06-0193Amending Resolution 451 Of 2005, As Amended By Resolution 44 Of 2006, To Accept
LaFountain Additional Funding From New York State Office Of Temporary And Disability Assistance
Intro. 208For The 2005-2006 Home Energy Assistance Program
Res. 160Human Services Committee; May 23, 2006 - CV: 7-0 (As Amended)
28-0Ways and Means Committee; May 25, 2006 - CV: 9-0 (As Amended in Human Services)
20.Dobson &06-0194Accepting Funding From University Of Rochester For Sexually Transmitted LaFountain Disease Prevention Training Center Program
Intro. 209Human Services Committee; May 23, 2006 - CV: 7-0
Res. 161Ways and Means Committee; May 25, 2006 - CV: 9-0
28-0
21.Dobson &06-0195Accepting Grant From New York State Department Of Health; Authorizing
LaFountainContract With Coordinated Care Services, Inc. For Assets Coming Together For The
Intro. 210Youth Initiative
Res. 162Human Services Committee; May 23, 2006 - CV: 7-0
28-0Ways and Means Committee; May 25, 2006 - CV: 9-0
22.Cassetti &06-0196Authorizing Contract With Clough Harbour & Associates, LLP For Design Services For
LaFountainThe Relocation Of Very High Frequency Omni Range Directional Aid And Related
Intro. 211Improvements Project At Greater Rochester International Airport
Res. 163Environment and Public Works Committee; May 24, 2006 – CV: 7-0
28-0Ways and Means Committee; May 25, 2006 - CV: 9-0
23.Cassetti &06-0197Amending Resolution 418 Of 1979 As Amended By Resolution 450 Of 1986 To Amend The
LaFountainLease Agreement With Federal Express Corporation At The Greater Rochester International
Intro. 212 Airport
Environment and Public Works Committee; May 24, 2006 - CV: 7-0
Ways and Means Committee; May 25, 2006 - CV: 9-0
(For Introductory Purposes Only)
24.Cassetti &06-0197Providing that Resolution (Intro. No.___Of 2006), Entitled “Amending Resolution 418 Of
LaFountain1979 As Amended By Resolution 450 Of 1986 To Amend The Lease Agreement With
Intro. 213Federal Express Corporation At The Greater Rochester International Airport” Be Tabled
M. 40Environment and Public Works Committee; May 24, 2006 - CV: 7-0
28-0Ways and Means Committee; May 25, 2006 - CV: 9-0
25.Cassetti &06-0197Fixing A Public Hearing On Resolution (Intro. No.___ Of 2006), Entitled “Amending
LaFountainResolution 418 Of 1979 As Amended By Resolution 450 Of 1986 To Amend The
Intro. 214Lease Agreement With Federal Express Corporation At The Greater Rochester International
Res. 164Airport
28-0Environment and Public Works Committee; May 24, 2006 - CV: 7-0
Ways and Means Committee; May 25, 2006 - CV: 9-0
(Public Hearing is Scheduled for July 11, 2006 at 6:16 P.M.)
26.Colby &06-0198Confirmation Of Appointment To The Monroe County Airport Authority
ValerioAgenda Charter Committee; May 24, 2006 - CV: 5-0
Intro. 215
Res. 165
28-0
27.Hanna, 06-0199Amending The 2006-2011 Capital Improvement Program To Advance Funds For
Tucciarello &Design Of The Jefferson Avenue Project; Authorizing Contract For Engineering Services
LaFountainWith LaBella Associates, P.C. And Authorizing Contract With New York State Department Intro. 216 Of Transportation
Res. 166Transportation Committee; May 24, 2006 - CV: 5-0
28-0Ways and Means Committee; May 25, 2006 - CV: 9-0
28.Hanna, 06-0199 br.Resolution Authorizing The Issuance Of $325,000 Bonds Of The County Of Monroe, New
Tucciarello &York, To Finance The Cost Of The Preliminary Planning And Design Of Jefferson Avenue
LaFountainBetween Ayrault Road And NY Route 31F In And For Said County At An Estimated
Intro. 217Maximum Cost Of $325,000
Res. 167Transportation Committee; May 24, 2006 - CV: 5-0
28-0Ways and Means Committee; May 25, 2006 - CV: 9-0
29.Tucciarello &06-0200Authorizing Contract With Crane-Hogan Structural Systems, Inc. For Replacement
LaFountainOf The Dewey Avenue Culvert Over Slater Creek, Town Of Greece
Intro. 218Transportation Committee; May 24, 2006– CV: 5-0
Res. 168Ways and Means Committee; May 25, 2006 – CV: 9-0
28-0
30.Malta,06-0201Authorizing Contract With Wind-Sun Construction, Inc. For Construction Services And
Tucciarello &Authorizing A Contract Amendment With Popli Consulting Engineers And Surveyors For
LaFountainResident Project Representation Services For Construction Of The Basket Road
Intro. 219Bridge Over Fourmile Creek Project, Town Of Webster
Res. 169Transportation Committee; May 24, 2006– CV: 5-0
28-0Ways and Means Committee; May 25, 2006 - CV: 9-0
31.Tucciarello &06-0202Authorizing Acquisition Of Property Interests In Real Property For Pond Road
LaFountainCulvert Replacement Project, Town Of Mendon
Intro. 220Transportation Committee; May 24, 2006– CV: 5-0
Res. 170Ways and Means Committee; May 25, 2006 - CV: 9-0
28-0
32.Tucciarello &06-0203Authorizing Acquisition Of Property Interests In Real Property For Long Pond
LaFountainRoad Traffic Signal Project, Town Of Greece
Intro. 221Transportation Committee; May 24, 2006– CV: 5-0
Res. 171Ways and Means Committee; May 25, 2006 - CV: 9-0
28-0
33.Tucciarello &06-0204Authorizing Acquisition Of Property Interests In Real Property For Salt Road Culvert
LaFountainReplacement Project, Town Of Penfield
Intro. 222Transportation Committee; May 24, 2006– CV: 5-0
Res. 172Ways and Means Committee; May 25, 2006 - CV: 9-0
28-0
34.Tucciarello &06-0205Authorizing Acquisition Of Property Interests In Real Property For Dewey Avenue
LaFountainCulvert Replacement Project, Town Of Greece
Intro. 223Transportation Committee; May 24, 2006 – CV: 5-0
Res. 173Ways and Means Committee; May 25, 2006 - CV: 9-0
28-0
35.Tucciarello &06-0206Authorizing Acquisition Of Property Interests In Real Property For Bulls Sawmill
LaFountainRoad Culvert Project, Town Of Mendon
Intro. 224Transportation Committee; May 24, 2006 – CV: 5-0
Res. 174Ways and Means Committee; May 25, 2006 – CV: 9-0
28-0
36.LaFountain &06-0207Authorizing Sale Of County-Owned Tax Foreclosed Property, Village
McCannOf Churchville
Intro. 225Ways and Means Committee; May 25, 2006 – CV: 9-0
Res. 175
28-0
37.Yolevich ,06-0208Authorizing Sale Of County-Owned Tax Foreclosed Property, Town Of
LaFountain &Sweden
McCann Ways and Means Committee; May 25, 2006 – CV: 9-0
Intro. 226
Res. 176
28-0
38.Yolevich,06-0209Authorizing Abandonment Of A Portion Of Parma Center Road Right-Of-Way,
LaFountain &Town Of Parma
McCannWays and Means Committee; May 25, 2006 – CV: 9-0
Intro. 227
Res. 177
28-0
39.LaFountain &06-0210Authorizing Sale Of County-Owned Tax Foreclosed Property, Town Of
McCannIrondequoit
Intro. 228Ways and Means Committee; May 25, 2006 – CV: 9-0
Res. 178
28-0
40.LaFountain &06-0211Authorizing Abandonment Of Portion Of Titus Avenue Right-Of-Way,
McCannTown Of Irondequoit
Intro. 229Ways and Means Committee; May 25, 2006 – CV: 9-0
Res. 179
28-0
41.LaFountain &06-0212Directing The Refund Of Certain Monroe County Taxes Levied And Collected
McCannAgainst Property In City Of Rochester
Intro. 230Ways and Means Committee; May 25, 2006 – CV: 9-0
Res. 180
28-0
42.LaFountain &06-0213Directing Correction, Cancellation And Levy Of Certain Monroe County Taxes In City Of
McCannRochester
Intro. 231Ways and Means Committee; May 25, 2006 – CV: 9-0
Res. 181
28-0
43.LaFountain &06-0214Mortgage Tax Distribution
McCannWays and Means Committee; May 25, 2006 – CV: 9-0
Intro. 232
Res. 182
28-0
Matters of Urgency
45.LaFountain &06-0253Approving Agreement Between Monroe County And
McCannCivil Service Employees Association, Part-Time Employee
Intro. 233Unit
Res. 183Matter Of Urgency
28-0(Legislator Cassetti declared his interest prior to the vote)
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UNFINISHED BUSINESS
NONE
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Upon Motion by Legislator Smith, the Legislature adjourned at 8:07 P.M. until Tuesday, July 11, 2006 at 6:00 P.M.
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DAVID M. BARRY, JR.
Clerk of the Legislature