Monroe County Legislature

June 13, 2006

Page 1

SEVENTH DAY

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TUESDAY, JUNE 13, 2006

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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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  1. 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

  1. 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