Nassau County Legislature
Full Calendar Meeting
Mineola New York
August 6, 2012
1. Meeting Minutes Meeting Minutes
Documents: FULL LEG, 8-6-12.PDF, RULES, 8-6-12.PDF 2. Rules Committee Agenda & Addendum Rules Committee Agenda & Addendum
Documents: RULES COMMITTEE AGENDA ADDENDUM.PDF, RULES COMMITTEE AGENDA.PDF 3. Proposed Ordinances Proposed Ordinances
Documents: 188-A-12.PDF, 189-12.PDF, 190-12.PDF, 191-12.PDF, 192-12.PDF, 193- 12.PDF, 194-12.PDF, 195-12.PDF, 196-12.PDF, 197-12.PDF, 198-12.PDF, 199-12.PDF, 200-12.PDF, 201-12.PDF, 202-12.PDF, 203-12.PDF 4. Legislative Calendar Legislative Calendar
Documents: LEGISLATIVE CALENDAR.PDF THE NASSAU COUNTY LEGISLATURE IS COMMITTED TO MAKING ITS PUBLIC MEETING ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES. IF, DUE TO A DISABILITY, YOU NEED AN ACCOMMODATION OR ASSISTANCE TO PARTICIPATE IN THE PUBLIC MEETING OR TO OBTAIN A COPY OF THE TRANSCRIPT OF THE PUBLIC HEARING IN AN ALTERNATIVE FORMAT IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT, PLEASE CONTACT THE OFFICE OF THE CLERK OF THE LEGISLATURE AT 571-4252, OR THE NASSAU COUNTY OFFICE FOR THE PHYSICALLY CHALLENGED AT 227-7101 OR TDD TELEPHONE NO. 227-8989. AS PER THE NASSAU COUNTY FIRE MARSHALL’S OFFICE, THE LEGISLATIVE CHAMBER HAS A MAXIMUM OCCUPANCY OF 251 PEOPLE AND THE OUTER CHAMBER WHICH WILL STREAM THE MEETING LIVE, HAS A MAXIMUM OCCUPANCY OF 72. PASSES WILL BE DISTRIBUTED ON A FIRST COME FIRST SERVED BASIS BEGINNING AT 12:30 PM AND ATTENDEES WILL BE GIVEN AN OPPORTUNITY TO SIGN IN TO ADDRESS THE LEGISLATURE FOR A MAXIMUM OF THREE MINUTES.
NASSAU COUNTY LEGISLATURE
PETER J. SCHMITT, PRESIDING OFFICER
FULL LEGISLATURE
PETER J. SCHMITT, CHAIRMAN
1550 Franklin Avenue Mineola, New York
August 6, 2012 3:10 p.m.
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A P P E A R A N C E S:
PETER J. SCHMITT Chair
KEVAN ABRAHAMS Minority Leader
ROBERT TROIANO
CARRIÉ SOLAGES
DELIA DERIGGI-WHITTON
JOSEPH SCANNELL
FRANCIS X. BECKER
HOWARD KOPEL
VINCENT MUSCARELLA
RICHARD J. NICOLELLO
JUDI BOSWORTH
WAYNE WINK
NORMA GONSALVES
JOSEPH BELESI
DENNIS DUNNE, SR. (Arrived at 3:50 p.m.)
DENISE FORD
JUDITH JACOBS (Arrived at 4:00 p.m.)
ROSE MARIE WALKER
DAVID DENENBERG
WILLIAM MULLER Clerk of the Legislature
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LIST OF SPEAKERS
STEPHANIE MILES ......
DEBBIE MCGOWAN...... 12
SCOTT BLUMENFELD...... 14
DANIELLE RUTLEDGE ...... 18
DANIELLE LAROSE ...... 20
JOANNE BORDEN ...... 22
ANDREW MALEKOFF ...... 24
SERGIO ARGUETTA ......
CHRISTINE NOLAN ...... 34
SEAN FESSLER...... 36
TATUM FOX ...... 44
MADELYNE FARLEY ...... 48
KEN HAINO ...... 48
GREG STEPHANOFF ...... 57
JOHN MARKS...... 67
DAVE RICH ...... 67
TOM GALLAGHER ...... 78
ROSEANNE D'ALLEVA ...... 86
EILEEN KRIEB...... 91
MICHAEL SCHLERNOFF...... 92
CAREY WELT...... 94
BRIAN SCHNEIDER ...... 97
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STEVE FINER ...... 103
LIST OF SPEAKERS (cont'd)
KEITH SATHER...... 106
ROB WALKER......
ROB MARIN ...... 153
KEVIN CREEM ...... 160
JONATHAN RIOS ...... 170
VICTOR SANTIAGO ...... 174
TOM BRUNO ...... 176
THOMAS GALLAGHER...... 177
PATRICIA KEARNEY...... 182
BEVERLY VISCONTE...... 186
MARY ELLEN KREYE...... 199
CLAUDIA BORRECKY...... 201
PATRICK NICOLOSI...... 212
LOUIS WHIDEL...... 224
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2 CHAIRMAN SCHMITT: Mr. Clerk, would you
3 please call the roll for the Full Legislature,
4 please?
5 CLERK MULLER: Yes, sir.
6 Deputy Presiding Officer Gonsalves?
7 LEGISLATOR GONSALVES: Present.
8 CLERK MULLER: Alternate Deputy
9 Presiding Officer Kopel?
10 LEGISLATOR KOPEL: Here.
11 CLERK MULLER: Legislator Troiano?
12 (No verbal response.)
13 CLERK MULLER: Legislator Solages?
14 LEGISLATOR SOLAGES: Here.
15 CLERK MULLER: Legislator Ford?
16 LEGISLATOR FORD: Here.
17 CLERK MULLER: Legislator Scannell?
18 LEGISLATOR SCANNELL: Here.
19 CLERK MULLER: Legislator Becker?
20 LEGISLATOR BECKER: Present.
21 CLERK MULLER: Legislator Muscarella?
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2 LEGISLATOR MUSCARELLA: Here.
3 CLERK MULLER: Legislator Nicolello?
4 LEGISLATOR NICOLELLO: Here.
5 CLERK MULLER: Legislator Bosworth?
6 LEGISLATOR BOSWORTH: Here.
7 CLERK MULLER: Legislator Wink?
8 LEGISLATOR WINK: Here.
9 CLERK MULLER: Legislator Belesi?
10 LEGISLATOR BELESI: Here.
11 CLERK MULLER: Legislator Dunne?
12 (No verbal response.)
13 CLERK MULLER: Legislator Jacobs?
14 (No verbal response.)
15 CLERK MULLER: Legislator Walker?
16 LEGISLATOR WALKER: Here.
17 CLERK MULLER: Legislator DeRiggi-
18 Whitton?
19 LEGISLATOR DeRIGGI-WHITTON: Here.
20 CLERK MULLER: Legislator Denenberg?
21 LEGISLATOR DENENBERG: Here.
22 CLERK MULLER: Minority Leader Abrahams?
23 LEGISLATOR ABRAHAMS: Here.
24 CLERK MULLER: Presiding Officer
25 Schmitt?
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2 CHAIRMAN SCHMITT: Here.
3 CLERK MULLER: We have a quorum.
4 CHAIRMAN SCHMITT: Okay. Thank you very
5 much. We have a quorum. We're in session.
6 LEGISLATOR TROIANO: Mr. Muller, I just
7 entered the chamber.
8 CHAIRMAN SCHMITT: Mr. Troiano just
9 entered the room.
10 Before we have our half hour of public
11 comment, Legislator Abrahams has a point of
12 personal privilege.
13 LEGISLATOR ABRAHAMS: Thank you,
14 Presiding Officer Schmitt.
15 I want to take this opportunity to
16 recognize a young lady who, sometimes in a very
17 ugly place that we have here, is a very beautiful
18 young lady who just won the New York Miss
19 Intercontinental 2011. So, Stephanie, please
20 come up to the podium. I know she doesn't feel
21 comfortable speaking. But please come up to the
22 podium because we're going to recognize her.
23 As she makes her way up to the podium, I
24 just want to read a couple of brief things about
25 herself.
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2 Stephanie is 20 years old. She attends
3 Pace University where she is pursuing her
4 bachelor's degree in communication sciences and
5 disorders with a concentration in speech and
6 language pathology, and a dual minor in child
7 education and mass media communications. While
8 Stephanie has been involved with numerous
9 community service projects that provides
10 attention to a variety of issues, such as
11 homelessness, domestic violence, environmental
12 sustainability, a considerable amount of her
13 community service efforts have been focused on
14 Autism awareness. She current serves on the
15 Planning Committee for the upcoming Autism Speaks
16 walk in New York City, and she is a tremendous
17 asset to our community. And I think she speaks
18 volumes, not just by winning this achievement of
19 Miss Intercontinental, but I think just the fact
20 that she's so well rounded and a perfect role
21 model for our younger people, as well as for some
22 of our older people.
23 So I want to thank you for being here as
24 part of today. And I know you're here with mom,
25 dad, grand mom, and Dr. Cameron is here. I also
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2 ask them to join you at the podium.
3 Did you change your mind on possibly
4 saying anything? Please. Tell us what you have
5 to do and the rigors to achieve where you are.
6 Are there future plans? Should we be looking to
7 see you as part of Miss America?
8 MS. MILES: No. Miss Continental is
9 where it ends. I just completed Nationals at
10 Texas, where I brought New York to the top 10,
11 which that was awesome, out of 51 states. And
12 from here on out, I'm just going to make sure
13 that I continue to promote the pageant. Our
14 motto is be your own kind of beautiful, which is
15 making sure that young girls everywhere
16 understand how important it is to know who you
17 are as a person and to let that beautiful person
18 shine through. And that's what I'm going to make
19 sure I'm going to let them know.
20 LEGISLATOR ABRAHAMS: I don’t know if
21 your parents are going to join you. No? Well,
22 I'll come down and present to you this Citation
23 as well. And I just want to obviously
24 congratulate you because of all the things that
25 you've accomplished here, I think this speaks
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2 volumes. I could tell you I'm a parent of young
3 children, and I think what you've done in terms
4 of autism awareness I think is tremendous, and we
5 thank you for your efforts. Thank you and
6 congratulations for your recognition, and
7 obviously a citation on behalf of the Legislature
8 today.
9 Thank you.
10 CHAIRMAN SCHMITT: As is our custom,
11 we're going to have a half an hour of public
12 comment before we do the business of the
13 Legislature. We ask, if possible, speakers hold
14 themselves to three minutes. There are a lot of
15 slips and a lot of people want to speak, so a
16 little cooperation will help us to get this done.
17 The first slip that I have is Debbie
18 McGowan.
19 LEGISLATOR WALKER: Legislator Schmitt,
20 can I have a point of personal privilege, please.
21 CHAIRMAN SCHMITT: Legislator Walker,
22 you have a point of personal privilege?
23 LEGISLATOR WALKER: Yes, please.
24 CHAIRMAN SCHMITT: The Chair recognizes
25 Legislator Walker.
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2 LEGISLATOR WALKER: I'd just like to
3 know whose idea within the youth services
4 agencies it was to have children from any ethnic
5 background bound and gagged, whose idea from any
6 supervisory youth agency would condone anyone
7 binding children's hands with rope and sealing
8 their mouths with duct tape. Is there not one
9 adult, not one adult in the youth agencies that
10 would have stood up or should have stood up and
11 said no, binding and gagging children goes too
12 far.
13 I’m appalled at the youth of this imagery
14 as a means to an end. As a mother, as a
15 grandmother, I am just appalled. This is just
16 outright wrong.
17 UNIDENTIFIED FEMALE SPEAKER: Check out
18 the Children's Defense Funds new national
19 posters.
20 CHAIRMAN SCHMITT: What the heck does
21 that mean?
22 UNIDENTIFIED FEMALE SPEAKER: It means
23 it's more graphic than what you're seeing back
24 there. This is a national campaign.
25 CHAIRMAN SCHMITT: And that, in your
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2 opinion, makes it right?
3 UNIDENTIFIED FEMALE SPEAKER: It's an
4 important message that needs to be heard.
5 CHAIRMAN SCHMITT: I see. And what
6 agency are you from?
7 UNIDENTIFIED FEMALE SPEAKER: Long
8 Island Advocacy Center.
9 CHAIRMAN SCHMITT: Long Island Advocacy
10 Center. I think whoever did that ought to be
11 ashamed of themselves. To be quite candid with
12 you, I did not see it from up here and if I had I
13 would have called child protective services. You
14 should be ashamed.
15 Debbie McGowan. I called one person, I
16 don't know why there's two there. Which one is
17 Debbie McGowan?
18 MS. MCGOWAN: I am.
19 CHAIRMAN SCHMITT: Go ahead, ma'am.
20 MS. MCGOWAN: Good afternoon. On August
21 20 I gave birth to a beautiful baby boy. My
22 husband and I were thrilled with our baby and
23 surprised when nurses and doctors started
24 approaching us with sadness because Sean was born
25 with Down Syndrome.
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2 Sean is our boy. And our plan was then
3 and is now to give him all the love and support
4 he needs to become an independent person leading
5 a high quality of life.
6 We hit a roadblock to this plan at age 12
7 when the school he was attending did not share
8 our vision. They saw Sean as a non-reader, a
9 non-learner and a child with severe behavior
10 problems so intense that no other school would
11 want him. He was suspended from school on a
12 regular basis. This did not make sense to me.
13 This was not the Sean that I saw at home and knew
14 to be.
15 Fortunately for me and for Sean, we were
16 able to get the support of the education
17 advocates at Long Island Advocacy Center. They
18 helped me advocate for Sean through the Committee
19 of Special Education and get the help of
20 professional consultants.
21 When I realized that this school was not
22 ever going to see Sean as a learner, LIAC helped
23 me advocate for a change of placement. Today,
24 Sean is a reader, a learner, and recently
25 received an award from SEPTA. The award, I am so
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2 proud to tell you, is for being an advocate for
3 others with special needs. The award represents
4 his contribution to our community because he's
5 devoted to the campaign, Spread the Word to End
6 the Word. And for those of you who may not know,
7 the word is the R word, the word is retarded.
8 I know without the support that I
9 received from Long Island Advocacy Center he most
10 probably would not be where he is today. He
11 truly is thriving. Families need the support of
12 agencies like LIAC who share the same vision for
13 our youth that we have and help children fulfill
14 their dreams.
15 Thank you.
16 CHAIRMAN SCHMITT: Thank you.
17 Scott Aaron Blumenfeld. Scott
18 Blumenfeld.
19 MR. BLUMENFELD: Good afternoon. My
20 name is Scott Blumenfeld, and I'm from Lido
21 Beach, New York.
22 I’m a rising senior at Long Beach High
23 School and a member of what was formerly known as
24 the Nassau County Executive's Youth Council.
25 Legislators, agencies, ladies and gentlemen, as
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2 you see, I stand before you today wearing a
3 purple shirt accompanied with a purple tie.
4 Purple, as we learned at this year's first ever
5 Nassau County wide Relay for Life event on June
6 29 is the color of hope. And at that relay, our
7 youth of Nassau County were placed right where
8 they need to be -- front and center -- and given
9 all the hope they needed to show them that they
10 can make a difference in today's world. We had
11 choirs, color guards, participants, team
12 captains, even survivors and caregivers that all
13 showed up that night to help raise money for a
14 very worthy cause. That night our youth learned
15 that although we are young in age, we are mighty
16 in ability.
17 I believe that it is the responsibility
18 of the government to ensure that the legislation
19 they pass opens the door for our youth to exert
20 their abilities. And because of what has been
21 going on in these meetings these past couple of
22 weeks, I've seen that door slammed shut.
23 Our youth are the past, present, and
24 future of our county, of our country, and of our
25 entire world. Our well being is not
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2 discretionary, it is mandatory.
3 We need the Department of Health and
4 Human Services Office of Youth Services to help
5 get out of the holes that we dig ourselves into
6 and climb the mountains of accomplishment and
7 reach the heights that we know we can achieve.
8 And the fact that this department has been
9 stripped just buries our hopes in a tombstone
10 like fashion. And the fact that we have become
11 the pawns and politics is absolutely appalling.
12 I do not have the education of experience
13 to advise you on how to balance the budget and it
14 is not my place to do so. But I do have the
15 education, experience, heart, and morality to
16 know that our youth need to continue to be the
17 front and center of Nassau County, and that we
18 need to have legislators who are going to
19 advocate for our success, not terminate our
20 chances to succeed.
21 Our agenda to promote community service
22 learning that we spent months creating at the
23 youth council this year was based off the ideal
24 that when a community provides opportunity for
25 their youth in the future, the youth will give
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2 back to the community. I challenge all of you to
3 provide us with that opportunity and watch as we
4 amaze all of you with what we can in the present
5 and the future.
6 Thank you.
7 CHAIRMAN SCHMITT: Thank you.
8 Legislator Ford.
9 LEGISLATOR FORD: Scott, Scott. Hi.
10 I'm Legislator Ford. I represent you. And I
11 just want you to know -- first, I want to thank
12 you personally for coming down here. I'm
13 thankful that you are wearing the color of hope
14 because I believe that we are trying to. And I
15 know when you look at the past decisions and
16 votes and everything that you see up here, I
17 think I'm free to say that there are some of us
18 that are still working, basically at this point,
19 behind the scenes trying to come up with an
20 agreement to work everything out, to hash
21 everything out, not to bring it out before the
22 public right now but in a very diplomatic and
23 thoughtful way of trying to reach a consensus so
24 that we could put all of this behind us.
25 Just give us some time. I know that it's
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2 very frustrating. When you say with your youth
3 council, that some of the programs and the
4 projects you'd like to see come to fruition, we
5 share that as well. I know that our actions
6 right now do not appear that way, but we are
7 trying to come up with some sort of an agreement
8 and hopefully we will be able to get this,
9 resolve it and put this behind us and we can move
10 on to the next project.
11 But I thank you for coming down.
12 CHAIRMAN SCHMITT: Daniel Rutledge.
13 MS. RUTLEDGE: Hi. My name is Danielle,
14 and I'm from Inwood.
15 When I first moved to Five Towns I never
16 thought I'd be part of something so inspirational
17 that would have such a positive impact on my
18 life. I was introduced to the Five Towns
19 Community Center by a friend who was born and
20 raised in Inwood. The moment she introduced me,
21 a few weeks went by, she then became my role
22 model, someone I looked up to. Seeing her close
23 to everyone and making changes made me want to do
24 the same. As soon as you know it, I became a
25 leader at Five Towns Community Center.
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2 Youth Services has done a lot for me. I
3 also participated in many activities. There were
4 talent shows, to let the talent be shown; evening
5 program, a time for fun and relaxation for the
6 youth and it also kept a lot of us off the
7 streets and out of trouble; opportunities to
8 volunteer. I was always told by my famous
9 counselor, Ms. Veronica Ortiz, it looks good on a
10 resume and it's always good to give back to your
11 community. Fundraisers brought together the
12 community and two local schools. Most of all,
13 MRT, morale recreation therapy; it helped us as
14 young teens and gave us a lot of opportunities to
15 change all the negative things that's going on in
16 our lives. It was such a great experience.
17 Without MRT, I don't know where my life would be
18 heading right now.
19 When I heard about the budget cuts I was
20 actually terrified. I never thought I'd see the
21 day when our youth programs would come to an end.
22 These budget cuts that are being done will not
23 only affect me, but it will also affect all of
24 the other youths.
25 Five Towns Community Center isn't just a
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2 place for the community, it is a home for all the
3 people in the community. Without it, it just
4 gives the youths more opportunities to freely
5 hang in the streets and put their life in danger.
6 I’m fortunate that I had this opportunity
7 to speak to you and appeal to you to find a
8 solution to restore the funds so that the Center
9 can continue the work that they have done for so
10 many years.
11 Thank you.
12 CHAIRMAN SCHMITT: Thank you.
13 Danielle LaRose.
14 MS. LAROSE: Thank you for hearing us
15 speak.
16 I am standing here on behalf of the
17 Massapequa Interface Clergy Council and also as
18 the director of an outreach program of a church
19 that serves many, many people that come to our
20 doors every single day.
21 As you all know, it's no surprise that
22 the face of neediness has changed dramatically
23 within our county within the past two years. We
24 are seeing families that we've never seen before
25 and we are seeing issues that we've never had to
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2 handle and tackle on our own before and we have
3 been.
4 Without the resources of these 58
5 agencies and without their support and without
6 their enthusiasm for serving our families and
7 serving these children, we are all left in a very
8 difficult position, we are all left in a very
9 dangerous position with everything that we are
10 facing.
11 These agencies have been unbelievable in
12 their support in meeting the needs of our
13 communities head on. They've been creative in
14 their thinking and they've been generous with
15 their time and above and beyond their time. All
16 of them seek to seek resolution. It matters not
17 what their paycheck has, it matters the time that
18 they put in to see the difference in the lives of
19 these families.
20 If we do not have the funding to have
21 sufficient people within these positions, we are
22 all looking at a dangerous future for all of us,
23 for all of our children, and all of our families.
24 I'm simply here to kindly implore you all
25 to kind of get behind us and support us in the
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2 works that we wish to do with our whole heart and
3 to serve all the people of Nassau County. And I
4 thank you so much for your time. And I just ask
5 you to greatly consider that when making
6 decisions.
7 Thank you so much.
8 CHAIRMAN SCHMITT: Thank you.
9 Joanne Borden.
10 MS. BORDEN: On Sunday, May 27 past,
11 Senator Alan Simpson retired, respected by both
12 sides, and co-chairman of the Simpson Bowls
13 Committee, was interviewed on television. He
14 criticized his party for wasting America's energy
15 by being involved in and fighting social issues.
16 He said, "For God sakes, we're all God's
17 children. What is this?"
18 Not too long ago, State Senator Dean
19 Skellos told his republican caucus, "The time for
20 politics has passed. Now, more than at any time
21 in recent years, republicans must step forward to
22 uphold their party's grandest traditions by
23 supporting human rights."
24 These republican leaders know which end
25 is up. And fighting the future by clinging to
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2 outdates beliefs is like trying to hold back the
3 tide. You can delay justice and humanity, but
4 you cannot win with discrimination. History is
5 always the firm that such bias is a loser. You
6 know you're only delaying what is inevitable
7 because it is the American way, the right way.
8 When I first came before you I stupidly
9 thought every American was a patriot first. I
10 had no idea there are people who would object to
11 extending civil rights to anyone. I believed
12 Americans, and especially legislators, have no
13 greater calling than equality for all. I had no
14 idea there are people who would take an American
15 principle and make a left-right issue of it. For
16 God sakes, what is this?
17 When we extended civil rights to women,
18 America became greater. When we extended civil
19 rights to African Americans, we became greater
20 still. The past has taught us that denying
21 rights hurts the denier more than the denied.
22 Stop tarnishing your legacy and muddying your
23 party's name. Allow gender civil rights; pass
24 the Gender Clarification Amendments.
25 Civil rights has always made this a
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2 better place and country, for the simple fact
3 that the principles of human rights underline the
4 importance of respecting the dignity and rights
5 of all people, including people that already have
6 those rights.
7 Thank you.
8 CHAIRMAN SCHMITT: Thank you.
9 Andrew Malekoff.
10 MR. MALEKOFF: Good afternoon. My name
11 is Andrew Malekoff. I'm the executive director
12 of North Shore Child and Family Guidance Center.
13 I'm going to flip the script. I had something
14 that I wanted to present, but I found it
15 compelling, the question that Assemblywoman
16 Walker asked about the young people in the back
17 of the room, and so I wanted to respond to that.
18 I think the young people in the back of
19 the room, I don't think, I know, have decided to
20 do what they did today out of freewill. I think
21 what they are expressing and demonstrating to us
22 is their participation in democracy. They are
23 engaging in peaceful protest. They are showing
24 us how creative they are in having a voice about
25 something that is deeply disturbing to them, what
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2 we all know, which is almost $8 million on annual
3 basis of funding cuts to youth services, chemical
4 dependency services, and mental health services.
5 I think that what they express are the best of
6 Nassau County. No one has held their hands and
7 have tied them down to make this demonstration
8 today. But I can only tell you that I'm
9 privileged to be in a place where we have young
10 people who live in this county who are able to do
11 what they've done today, and we should all
12 applaud them.
13 CHAIRMAN SCHMITT: If these young people
14 wanted to set themselves on fire, would you
15 condone that? They're young people.
16 MR. MALEKOFF: No. I know that I would
17 not condone that. What they are presenting today
18 is a metaphor.
19 CHAIRMAN SCHMITT: A metaphor, my foot.
20 These are minor children.
21 MR. MALEKOFF: Do you know how old they
22 are?
23 CHAIRMAN SCHMITT: Did they tie
24 themselves up?
25 MR. MALEKOFF: Do you know what their
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2 ages are? I happen to know a couple of the
3 people back there; one of them is a young woman
4 in a wheelchair who was the innocent victim of a
5 drive-by shooting. Does she have the right to
6 peacefully protest before you? She is certainly
7 not a minor. She is someone who, of her own free
8 will, is up here to demonstrate the damage that
9 she's --
10 You know, Assemblyman Schmitt --
11 CHAIRMAN SCHMITT: Legislator.
12 MR. MALEKOFF: I'm sorry. Legislator
13 Schmitt, she has tape across her mouth so she
14 can't speak right now. But what does she say to
15 you? Looking at her, what does she say to you?
16 CHAIRMAN SCHMITT: Looking at her or
17 looking at the sign?
18 MR. MALEKOFF: Looking at her, what does
19 she say to you?
20 CHAIRMAN SCHMITT: I don't understand
21 your question.
22 MR. MALEKOFF: I want to know what is
23 she saying as you look at her?
24 CHAIRMAN SCHMITT: Obviously, she's
25 saying nothing. It's a problem to me because for
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2 minor children it's dangerous.
3 MR. MALEKOFF: She's not a minor, sir.
4 CHAIRMAN SCHMITT: I'm not talking about
5 her. I'm talking about the other young people
6 standing behind you.
7 MR. ARGUETTA SPEAKER: Which one, the
8 one whose life was being threatened and she
9 called police officers in our community, called
10 strong youth to provide services because she was
11 being threatened. And the police department
12 reached out -- and how about this young lady who
13 services 300 kids in Hempstead, Roosevelt,
14 Uniondale, where kids are killed on a constant
15 basis. How about this man right here who has
16 grown up in our agency? Better yet, this one
17 whose older brother was sentenced to 20 years.
18 Twenty years. And his life was being threatened
19 at his house and Strong Youth helped him get out
20 of that situation. How about this young lady
21 right here, 34 years old, two master's degrees,
22 being able to get jobs elsewhere but she uses it
23 to help kids in our community? That County
24 Executive, Ed Mangano, told us last year we were
25 (inaudible).
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2 I've sat here for four years -- and I
3 heard you, Legislator Schmitt. You kept telling
4 everyone in here, I promise you, when we get the
5 majority back we'll find you your money. We have
6 come here to plead with you - please release the
7 hostages. Please work with us. We want to work
8 with you. We love our community. We don't want
9 this. Don't you think we'd rather be serving our
10 communities? I'm coming here and I'm begging
11 you, sir. I am humbling begging you in front of
12 all of these people. I'm begging you to do what
13 is right.
14 When you talk about the moral ground,
15 sir, the Legislature voted 19 to zero -- do you
16 know what you said in that transcript? These
17 were your words, verbatim -- you said this
18 amendment that the republicans were pushing is so
19 that no county legislature, no county executive
20 could just grab these monies and use them for
21 whatever he wants. Sir, I am begging you, I am
22 begging each and every last one of you,
23 Legislator Becker, you stood with us where kids
24 have been killed. You came to my community and
25 stood next to me.
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2 LEGISLATOR BECKER: Do me a favor.
3 Don't look to me, look over there please. I did
4 what I needed to do. I voted for the bonding. I
5 voted for the bonding.
6 MR. ARGUETTA: Last time I was here,
7 sir, you walked off the dais and you told me that
8 you didn't agree with what your party was doing.
9 LEGISLATOR BECKER: What are you talking
10 about? You're mistaken. You're mistaken. I
11 told you what needs to be done, we need the
12 bonding to pass, as simple as that. Do you want
13 me to speak for just a moment?
14 MR. ARGUETTA: Sure.
15 LEGISLATOR BECKER: Let me speak for
16 just a moment.
17 MR. ARGUETTA: Go ahead.
18 LEGISLATOR BECKER: If they agreed to
19 the bonding -- you're talking to the wrong
20 people.
21 MR. ARGUETTA: Sir -
22 LEGISLATOR BECKER: You see, you're not
23 letting me finish.
24 MR. ARGUETTA: You want to make this
25 about bonding.
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2 LEGISLATOR BECKER: No. You see, you
3 won't let me finish. You want to talk and you
4 want to talk. I’m telling you if they agreed to
5 the bonding, the money for the youth programs is
6 restored. There you go. You're not letting me
7 finish.
8 MR. ARGUETTA: If you get us more
9 cameras, if you --
10 LEGISLATOR BECKER: You're not letting
11 me speak, are you? You're not letting me speak.
12 MR. ARGUETTA: Because I heard you.
13 LEGISLATOR BECKER: You're looking in
14 the wrong direction.
15 MR. ARGUETTA: My colleagues have been
16 very respectful. We're done with the talking
17 points.
18 LEGISLATOR BECKER: What are you looking
19 at me for? I did what I needed to do.
20 MR. ARGUETTA: You weren't for this.
21 LEGISLATOR BECKER: I voted for the
22 bonding. I voted for the bonding.
23 MR. ARGUETTA: You come into my
24 community one more time -- you want to run for
25 Congress?
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2 LEGISLATOR BECKER: Absolutely.
3 MR. ARGUETTA: You better remember to
4 say these services are not offered in your
5 district. Is that what you want to do?
6 LEGISLATOR BECKER: Are you going to let
7 me speak? Are you going to let me speak?
8 MR. ARGUETTA: Sir, you talk all the
9 time. Sir, you talk all the time. The community
10 is speaking today. The community is speaking
11 today.
12 The same thing I told the county
13 executive, the same thing I told Rob Walker, we
14 will work with you. We will work with you. Let
15 go of the hostages.
16 LEGISLATOR BECKER: What are you looking
17 at me for?
18 MR. ARGUETTA: Because you're holding us
19 hostage.
20 LEGISLATOR BECKER: If you'd let me --
21 MR. ARGUETTA: He knows what he told me,
22 Legislator Ford. He came down here and told me
23 that he didn't agree with you. That's what he
24 did, I swear to you. On my daughter's life, I'm
25 telling you the truth. That man came down here
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2 and told me he didn't agree with what the
3 legislature was doing and the rest of his party.
4 CHAIRMAN SCHMITT: So you want to work
5 with us?
6 MR. ARGUETTA: Yes.
7 CHAIRMAN SCHMITT: You want to work with
8 us?
9 MR. ARGUETTA: Yes.
10 CHAIRMAN SCHMITT: We want to work with
11 you. I need three votes for bonding and you have
12 your money. Talk to them.
13 MR. ARGUETTA: I swear to you, if you
14 get these services restored, we'll be at the
15 forefront of your other issues. We will work
16 with you. Let go of the hostages now. Let go of
17 the hostages now.
18 CHAIRMAN SCHMITT: We need three votes
19 for bonding, it's that simple.
20 We, too, have the tape over our mouths.
21 We can't move forward without the three votes for
22 bonding.
23 LEGISLATOR DENENBERG: I want to see
24 that.
25 UNIDENTIFIED FEMALE: Every time you
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2 mention that word bonding, you're trying to
3 belittle the intelligence of the people in my
4 community. It is not about the bonding, and we
5 know this. It is not about the bonding. It is
6 about the taking away of money from a law that
7 was there to protect us.
8 CHAIRMAN SCHMITT: Okay. We're going to
9 --
10 UNIDENTIFIED FEMALE: What kind of
11 society or civilization -- we claim to be
12 civilized. What kind of society do we live in
13 that we can rescind a law in the middle of
14 minutes and destroy lives? Those laws obviously
15 mean nothing. We're living in a lawless nation,
16 obviously.
17 CHAIRMAN SCHMITT: Okay.
18 MR. MALEKOFF: You asked me what I
19 thought about the minors who were demonstrating
20 peacefully --
21 CHAIRMAN SCHMITT: You have made -- you
22 have made your feelings very clear. I understand
23 exactly what you're about.
24 MR. MALEKOFF: What is that? What does
25 that mean?
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2 CHAIRMAN SCHMITT: Okay. Jamie
3 Bogenshutz.
4 MR. MALEKOFF: Excuse me. What does that
5 mean? What does that mean, that you know exactly
6 --
7 CHAIRMAN SCHMITT: Jamie Bogenshutz is
8 the next speaker.
9 MR. MALEKOFF: Can you tell me what that
10 means?
11 CHAIRMAN SCHMITT: No. Our conversation
12 is done.
13 Is Jamie Bogenshutz here?
14 UNIDENTIFIED MALE: Jamie deferred to
15 me. She had to leave. She deferred to me, if
16 that's okay.
17 CHAIRMAN SCHMITT: No. It's not okay.
18 We have a list of speakers here. If she's not
19 here, she's not here.
20 Christine Nolan.
21 MS. NOLAN: My name is Christine Nolan,
22 and I am one of your registered voters and
23 taxpayers. My son is a student at the Harriet
24 Eisman Community School in Long Beach. Phil's
25 always had a difficult time in school, and it got
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2 to the point where he was ready to give up and
3 drop out. His high school guidance counselor was
4 the one who pointed us in the direction of the
5 Harriet Eisman School. We met with Julie, the
6 director, and Phil realized that this was a place
7 where he could have a fresh start.
8 Since attending the school, he's become a
9 new person. He is a mature, responsible kid with
10 a positive attitude towards his education. Phil
11 will graduate in August. Phil's graduation and
12 the graduation of thousands of students over the
13 past 40 years -- that's 40 years, that's success.
14 Ed Mangano should be ashamed of himself
15 to the cuts to the youth, mental health, and
16 addiction treatment programs. Both parties
17 should be ashamed by the way they point the
18 fingers at each other. I have never seen
19 anything so shameful.
20 Your decisions affect many lives - adults
21 and kids. And these kids are the future. By
22 closing this school you are reducing and possibly
23 eliminating their chances of success. The
24 funding was put in place to help those that truly
25 need it. Give it back because you can.
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2 CHAIRMAN SCHMITT: Thank you.
3 Our 30 minutes is up. Our last speaker
4 before we do the business of the legislature, and
5 then we'll come back to the rest of the public
6 comment, is Sean Fessler.
7 MR. FESSLER: Hi. I'm Sean Fessler, and
8 I attend the Harriet Eisman Community School. My
9 entire life I had school anxiety, my doctor even
10 prescribed me medication. But in tenth grade my
11 anxiety got so bad that I couldn't attend school
12 anymore because I had panic attacks every
13 morning. I was at the point of dropping out and
14 maybe getting my GED when I heard about Harriet
15 Eisman. I heard about it from a friend and
16 thought I'd try it. From the first day at
17 Harriet Eisman I knew this school was for me
18 because of the smaller classes, personalized
19 learning, and you even get a high school diploma.
20 By the second week of school, my school anxiety
21 stopped 100 percent and they even stopped my
22 medication.
23 In public school I had no interest in
24 pursuing my education after high school. But
25 now, at Harriet Eisman, I already know what
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2 college I want to go to. Harriet Eisman saved my
3 future.
4 In conclusion, I'm here for one thing --
5 to tell you please don't close down my school,
6 second home, and my future.
7 CHAIRMAN SCHMITT: Thank you. The rest
8 of the speakers will be called immediately
9 following the legislative meeting, and we will go
10 into that right now.
11 I'm going to call the appointments,
12 because these people have been waiting an
13 inordinate amount of time. I'm going to call
14 Items Number 28, which is the resolution to
15 appoint Daniel McCloy as director of the Nassau
16 County Tobacco Settlement Corporation.
17 May I have a motion, please?
18 LEGISLATOR GONSALVES: So moved.
19 LEGISLATOR MUSCARELLA: Second.
20 CHAIRMAN SCHMITT: Moved by Legislator
21 Gonsalves, seconded by Legislator Muscarella.
22 Any debate or discussion?
23 (No verbal response.)
24 Any public comment?
25 (No verbal response.)
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2 All those in favor please say aye.
3 (Aye.)
4 Any opposed?
5 (No verbal response.)
6 Any abstentions?
7 (Abstain.)
8 Let the record show that Legislator Dunne
9 has entered the chamber and is sitting at his
10 place.
11 Legislator Dunne, we're taking a vote on
12 Resolution Number 119, which is a resolution to
13 appoint Dan McCloy as director of the Nassau
14 County Tobacco Settlement.
15 All in favor please say aye.
16 (Aye.)
17 Any opposed?
18 (No verbal response.)
19 Abstentions?
20 (Abstain.)
21 By a vote of ten to nothing, with nine
22 abstentions, the item carries unanimously.
23 Scannell and Jacobs is not here. Very
24 good.
25 LEGISLATOR ABRAHAMS: Joe is here.
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2 Item Number 29 is a resolution appointing
3 Beaumont Jefferson as a member of the Nassau
4 County Deferred Compensation Board.
5 May I have a motion, please?
6 LEGISLATOR GONSALVES: So moved.
7 LEGISLATOR NICOLELLO: Second.
8 CHAIRMAN SCHMITT: Moved by Legislator
9 Gonsalves, seconded by Legislator Nicolello.
10 Any debate or discussion?
11 (No verbal response.)
12 These people are all here, by the way.
13 Any debate or discussion?
14 (No verbal response.)
15 Any public comment?
16 (No verbal response.)
17 All those in favor please say aye.
18 (Aye.)
19 Any opposed?
20 (No verbal response.)
21 Any abstentions?
22 (No verbal response.)
23 Are you voting yes, no, maybe?
24 LEGISLATOR ABRAHAMS: We voted all yes.
25 CHAIRMAN SCHMITT: Let the record show
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2 that the item carries unanimously.
3 Item Number 30 is a resolution appointing
4 Sergio Blanco, a non-voting member of the Nassau
5 County Deferred Compensation Board.
6 May I have a motion, please?
7 LEGISLATOR GONSALVES: So moved.
8 LEGISLATOR MUSCARELLA: Second.
9 CHAIRMAN SCHMITT: Moved by Legislator
10 Gonsalves, seconded by Legislator Muscarella.
11 Any debate or discussion?
12 (No verbal response.)
13 Any public comment?
14 (No verbal response.)
15 All those in favor please signify by
16 saying aye.
17 (Aye.)
18 Any opposed?
19 (No verbal response.)
20 Let the record show that that item
21 carries unanimously.
22 Next is a resolution Item Number 122 to
23 confirm the county executive's appointment of
24 Paul L. Melli as a member of the Advisory Council
25 for Senior Citizen Affairs.
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2 May I have a motion, please?
3 LEGISLATOR GONSALVES: So moved.
4 LEGISLATOR MUSCARELLA: Second.
5 CHAIRMAN SCHMITT: Moved by Legislator
6 Gonsalves, seconded by Legislator Muscarella.
7 Any debate or discussion?
8 (No verbal response.)
9 Any public comment?
10 (No verbal response.)
11 All those in favor please signify by
12 saying aye.
13 (Aye.)
14 Any opposed?
15 (Nay.)
16 By a vote of ten to eight, the
17 appointment carries.
18 Resolution Number 123 is a resolution to
19 confirm the county executive's appointment of
20 Owen Smith to the Nassau County Board of Ethics.
21 LEGISLATOR DUNNE: So moved.
22 LEGISLATOR BECKER: Second.
23 CHAIRMAN SCHMITT: Moved by Legislator
24 Dunne, seconded by Legislator Becker.
25 Any debate or discussion?
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2 (No verbal response.)
3 Any public comment?
4 (No verbal response.)
5 All those in favor please say aye.
6 (Aye.)
7 Any opposed?
8 (Nay.)
9 The item carries by a vote of ten to
10 eight. By a vote of ten to eight, Owen Smith is
11 appointed to the Board of Ethics.
12 Congratulations to all the appointees.
13 We are now going to do the consent
14 calendar.
15 The consent calendar is those items that
16 have been agreed to by the minority and, believe
17 it or not, there are actually some things we
18 agree on, the minority and the majority and
19 doesn't require any further debate or discussion.
20 The consent calendar is Number 14,
21 Ordinance Number 196; Number 15, Ordinance Number
22 197; Number 16, Ordinance 198; 17, Ordinance 199;
23 18, Ordinance 200; 19, Ordinance 201; 20,
24 Ordinance 202; 21, Ordinance 203; 22, Resolution
25 113; 23, Resolution 114; 24, Resolution 115; 26,
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2 Resolution 117; 34, Resolution 125; 35,
3 Resolution 126; 36, Resolution 127; Item 37,
4 Resolution 128; Item 38, Resolution 129; Item 39,
5 Resolution 130; Item 40, Resolution Number 131;
6 Item 41, Resolution Number 132; Item 42,
7 Resolution 133; Item 43, Resolution 134; Item 44,
8 Resolution 135; Item 45, Resolution 136; Item 46,
9 Resolution 137; Item 47, Resolution 138; Item 48,
10 Resolution 139; Item 49, Resolution 140; Item 50,
11 Resolution 141; Item 51, Number 142; Item 52,
12 Number 143; Item 53, Number 144.
13 Now, may I have a motion, please?
14 May I have a motion, please?
15 LEGISLATOR GONSALVES: So moved.
16 LEGISLATOR DUNNE: Second.
17 CHAIRMAN SCHMITT: Moved by Legislator
18 Gonsalves, seconded by Legislator Dunne.
19 Any public comment?
20 (No verbal response.)
21 All those in favor please signify by
22 saying aye.
23 (Aye.)
24 Any opposed?
25 (No verbal response.)
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2 The items carry unanimously.
3 I should say for the benefit of those in
4 the audience that all of these items were
5 thoroughly vetted at committee, which is why the
6 minority and the majority agreed to just push
7 through their passage.
8 Now we go to the hearings.
9 Item Number 1 is a hearing on a proposed
10 local law to amend the Nassau County
11 Administrative Code in relation to false
12 transmissions from automatic alarm systems.
13 May I have a motion, please?
14 LEGISLATOR GONSALVES: So moved.
15 LEGISLATOR WALKER: Second.
16 CHAIRMAN SCHMITT: Moved by Legislator
17 Gonsalves, seconded by Legislator Walker.
18 Can I have a vote to open up the hearing?
19 All those in favor please say aye.
20 (Aye.)
21 Any opposed?
22 (No verbal response.)
23 The hearing is open.
24 Identify yourself for the record.
25 MS. FOX: Good afternoon. Tatum Fox,
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2 Nassau County Police Department, Legal Bureau,
3 along with Sergeant Stephanoff and Detective
4 Sergeant Israel Santiago.
5 CHAIRMAN SCHMITT: Go ahead.
6 MS. FOX: This item is to amend the
7 current local law. And there are two material
8 changes to this amendment, the first being to the
9 application fees for commercial permit holders,
10 which will be raised by $50 for both new and
11 renewal. The renewal applications are every two
12 years. And the second material change is to both
13 residential permit holders and commercial permit
14 holders, that they will incur two warnings before
15 being subject to a fine. It used to be that you
16 would incur four warnings before being subject to
17 a fine. And the purpose is to act as a
18 deterrent, since 99 percent of our alarms are
19 deemed false and each call is approximately an
20 hour, at least, of an officer off patrol to
21 investigate. So that is the purpose of this
22 amendment.
23 CHAIRMAN SCHMITT: Any questions?
24 Legislator Ford.
25 LEGISLATOR FORD: I commend you for
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2 following through, because with these false
3 alarms, and I know the dangers it can pose to the
4 emergency responders. But how did you come up
5 with, like, such a, you know, $100 for the, like,
6 the fine.
7 MS. FOX: For that I will defer to
8 accounting, Sergeant Stephanoff. But it's really
9 the cost of an hour of the salary of the officer
10 that is off patrol to investigate and secure the
11 premises that the alarm sounded.
12 LEGISLATOR FORD: That's all I wanted to
13 know, how you came up with the $100 fee rather
14 than, like, if it was arbitrary or there was --
15 MS. FOX: Oh, no. It definitely doesn't
16 begin to offset the cost. Again, it's more a
17 deterrent factor.
18 LEGISLATOR FORD: But it's based on
19 basically, when you consider it would be an hour,
20 hour and a half that an officer would be taken
21 off duty to respond to a false alarm so that
22 basically an average amount that the cost to
23 basically the county and the police department --
24 MS. FOX: Sure. Because then you have
25 to dispatch someone else to another scene, they
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2 could be incurring overtime for that. It runs
3 the gamut. But it definitely is to offset costs.
4 LEGISLATOR FORD: Thank you very much.
5 MS. FOX: Sure.
6 CHAIRMAN SCHMITT: Okay. Anybody else?
7 (No verbal response.)
8 Any public comment?
9 (No verbal response.)
10 I'll take a motion to close the hearing.
11 LEGISLATOR GONSALVES: So moved.
12 LEGISLATOR MUSCARELLA: Second.
13 CHAIRMAN SCHMITT: Moved by Legislator
14 Gonsalves, seconded by Legislator Muscarella.
15 All those in favor of closing the hearing
16 please say aye.
17 (Aye.)
18 The hearing is closed.
19 Next is a hearing on a local law to amend
20 Section 21-22.4 of the Nassau County
21 Administrative Code in relation to the fees
22 charged for the registration of automated teller
23 machines.
24 May I have a motion, please?
25 LEGISLATOR GONSALVES: So moved.
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2 LEGISLATOR MUSCARELLA: Second.
3 CHAIRMAN SCHMITT: Moved by Legislator
4 Gonsalves, seconded by Legislator Muscarella.
5 All those in favor of opening the hearing
6 please say aye.
7 (Aye.)
8 Any opposed?
9 (No verbal response.)
10 The hearing is open.
11 Good afternoon.
12 MS. FARLEY: Good afternoon, Presiding
13 Officer, Legislators. Madelyn Farley from the
14 Office of Consumer Affairs, Ken Haino also from
15 the Officer of Consumer Affairs.
16 This is to amend the ATM law to raise the
17 fees for a new ATM machine to $150 from 100 and
18 for renewals from 50 to 100.
19 CHAIRMAN SCHMITT: Now, somebody putting
20 in a new machine, what do they get?
21 MS. FARLEY: I'm sorry?
22 CHAIRMAN SCHMITT: Do they get
23 inspected? Is that what the fee is for?
24 MR. HAINO: They have to register the
25 machine with us, providing us, the servicing
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2 agent, as well as the owner/operator to make sure
3 that everybody's in contact of who has access to
4 that person's information, God forbid there is a
5 case of identity theft from that ATM machine.
6 CHAIRMAN SCHMITT: Okay. Any questions?
7 Legislator Ford.
8 LEGISLATOR FORD: Thank you. I want to
9 commend you on doing a wonderful job.
10 In regard to the ATM machines, and I know
11 that when we originally passed this legislation,
12 you know, a lot of the concern was people who are
13 not going to banks to utilize ATMs, they may go
14 to delis, they may go to different type of
15 stores, other locations, and the intent was, as
16 Mr. Haino had expressed, first of all, to make
17 sure that they were legitimate ATMs, that they
18 were not stealing a person's identity, but also
19 to provide them with a lighted area so that
20 they're not in a dark corner trying to withdraw
21 their money and that they would be subjected to
22 possibly being robbed.
23 When somebody applies, you know, when
24 they're going to put a new ATM machine, do we
25 still do this? Do we still go out to see the
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2 location to make sure that it is in a public area
3 and, if so, especially if it's on a street, that
4 there is a light and there is a possibility so
5 that the person can feel safe utilizing that
6 machine?
7 MR. HAINO: What we do is when they apply
8 for the sticker, a sticker is issued and
9 generated to that store. We have our
10 investigators, through regular routine
11 enforcement, as well as our weights and measures
12 team, they do look at these ATM machines
13 throughout the stores and various locations
14 throughout the county. They do report back if
15 there is no sticker on that machine, as well as
16 inadequate lighting and/or reflective mirror.
17 LEGISLATOR FORD: And what do we do
18 then? Because my concern is that I have a lot of
19 establishments in the area that I live and I
20 noticed that a lot of the machines, they may not
21 have the Nassau County sticker on them. Can I
22 safely assume that that person did not register
23 that machine or is it that they just didn't
24 bother putting the sticker on?
25 MR. HAINO: It's actually probably a
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2 mixture of both. One of the main companies that
3 owns over 600 ATM machines is a company called
4 Cartronics based out of Houston, Texas. They are
5 issued the stickers, and they are mailed. I know
6 there was a couple months there when they had one
7 person, due to financial cutbacks, putting all
8 the stickers on those machines. So sometimes it
9 is because the sticker is issued. But when we do
10 get a complaint, our weights and measures team,
11 we do go out there and we inspect. A fine for a
12 store that has an unregistered ATM machine is
13 $250 and a fine for the owner/operator of that
14 ATM machine is $1,000. So we do follow up with
15 the law. We do take it serious. And if somebody
16 does let us know about an ATM machine, we are out
17 there aggressively enforcing the law.
18 LEGISLATOR FORD: My request then would
19 be because we want to give a level of security to
20 the residents and people who do come to Nassau
21 County -- and I know that we look at the
22 restraints of how many people we have working in
23 our departments and that you're probably
24 stretched as thin as every other department. But
25 if at some point perhaps if you would consider
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2 maybe doing like, just basically sending people
3 out to do a quick inspection on various locations
4 because if people are not registering machines,
5 then it would be a $1,000 fine for the store
6 owner, but it would also let people realize that
7 we are closely monitoring to make sure that
8 whenever they deal with an ATM other than a bank
9 that they can feel secure in that sense.
10 MS. HAINO: Absolutely. We'll get on
11 it.
12 LEGISLATOR FORD: I thank you very much.
13 CHAIRMAN SCHMITT: Okay. Anybody else?
14 (No verbal response.)
15 Any public comment?
16 (No verbal response.)
17 I'll take a motion to close the hearing.
18 LEGISLATOR GONSALVES: So moved.
19 LEGISLATOR MUSCARELLA: Second.
20 CHAIRMAN SCHMITT: Moved by Legislator
21 Gonsalves, seconded by Legislator Muscarella.
22 All those in favor of closing the
23 hearing?
24 LEGISLATOR ABRAHAMS: Before we take the
25 vote, Presiding Officer Schmitt, just for the
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2 record reflect that Legislator Jacobs is now in
3 the building.
4 CHAIRMAN SCHMITT: Legislator Jacobs is
5 now in the chamber.
6 We have a motion to close the hearing by
7 Legislator Gonsalves, a second by Legislator
8 Muscarella.
9 All those in favor of closing the hearing
10 please say aye.
11 (Aye.)
12 The hearing is closed.
13 Any opposed?
14 (No verbal response.)
15 The hearing is closed.
16 Now we have a hearing on a local law to
17 amend Section 22-11 of the Nassau County
18 Administrative Code in relation to the fees
19 charged in connection with licenses to operate
20 home improvement businesses.
21 May I have a motion, please?
22 LEGISLATOR GONSALVES: So moved.
23 LEGISLATOR MUSCARELLA: Second.
24 CHAIRMAN SCHMITT: Moved by Legislator
25 Gonsalves, seconded by Legislator Muscarella.
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2 All those in favor of opening the hearing
3 please say aye.
4 (Aye.)
5 Any opposed?
6 (No verbal response.)
7 The hearing is open.
8 Nice to see you again.
9 MS. FARLEY: Hello. The fee for home
10 improvement licenses is currently $400 for a two-
11 year fee. We'd like to raise it to $500 for a
12 two-year fee.
13 CHAIRMAN SCHMITT: From 400 to 500?
14 MS. FARLEY: Yes.
15 CHAIRMAN SCHMITT: Okay. Does anybody
16 have any questions?
17 (No verbal response.)
18 Any public comment?
19 (No verbal response.)
20 I'll take a vote to close the hearing.
21 LEGISLATOR GONSALVES: So moved.
22 LEGISLATOR MUSCARELLA: Second.
23 CHAIRMAN SCHMITT: Moved by Legislator
24 Gonsalves, seconded by Legislator Muscarella.
25 All those in favor of closing the hearing
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2 please say aye.
3 (Aye.)
4 Any opposed?
5 (No verbal response.)
6 The hearing is closed.
7 MS. FARLEY: Thank you.
8 CHAIRMAN SCHMITT: Thank you.
9 Item Number 4 is a vote on a proposed
10 local law to amend the Nassau County
11 Administrative Code in relation to the false
12 transmissions from automatic alarm systems.
13 Can I have a motion, please?
14 LEGISLATOR GONSALVES: So moved.
15 LEGISLATOR MUSCARELLA: Second.
16 CHAIRMAN SCHMITT: Moved by Legislator
17 Gonsalves, seconded by Legislator Muscarella.
18 Any debate or discussion?
19 (No verbal response.)
20 Any public comment?
21 (No verbal response.)
22 All those in favor please say aye.
23 (Aye.)
24 Any opposed?
25 (Nay.)
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2 Let the record show that by a vote of ten
3 to nine the item is adopted.
4 Item Number 5 is a vote on the proposed
5 local law in relation to the automated teller
6 machines. May I have a motion, please?
7 LEGISLATOR GONSALVES: So moved.
8 LEGISLATOR MUSCARELLA: Second.
9 CHAIRMAN SCHMITT: Moved by Legislator
10 Gonsalves, seconded by Legislator Muscarella.
11 Any debate or discussion?
12 (No verbal response.)
13 Any public comment?
14 (No verbal response.)
15 All those in favor please say aye.
16 (Aye.)
17 Any opposed?
18 (Nay.)
19 The item, by a vote of ten to nine, is
20 carried.
21 Item Number 6 is a vote on the proposed
22 local law in relation to the fees charged to
23 license home improvement businesses.
24 May I have a motion, please?
25 LEGISLATOR GONSALVES: So moved.
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2 LEGISLATOR MUSCARELLA: Second.
3 CHAIRMAN SCHMITT: Moved by Legislator
4 Gonsalves, seconded by Legislator Muscarella.
5 Any debate or discussion?
6 (No verbal response.)
7 Any public comment?
8 (No verbal response.)
9 All those in favor please signify by
10 saying aye.
11 (Aye.)
12 Any opposed?
13 (Nay.)
14 By a vote of ten to nine, the item
15 carries.
16 Item Number 7 is an ordinance repealing
17 Ordinance Number 185-2010 and establishing a new
18 fee schedule for ambulance services provided by
19 the Nassau County Police Department.
20 May I have a motion, please?
21 LEGISLATOR GONSALVES: So moved.
22 LEGISLATOR MUSCARELLA: Second.
23 CHAIRMAN SCHMITT: Moved by Legislator
24 Gonsalves, seconded by Legislator Muscarella.
25 Good afternoon.
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2 SERGEANT STEPHANOFF: Good afternoon.
3 Sergeant Greg Stephanoff and Tatum Fox from the
4 Nassau County Police Department.
5 It has been the policy of the police
6 department to bill for ambulance services that
7 are provided by the Nassau County Police
8 Department Ambulance Bureau.
9 This requested legislation would provide
10 the department with the ability to bill when a
11 trauma patient is transported by helicopter. The
12 police department incurs a substantial cost in
13 staffing and maintaining the department's three
14 helicopters. Collecting fees for the helicopter
15 Medivac would partially offset this cost.
16 CHAIRMAN SCHMITT: Okay. Any questions?
17 LEGISLATOR DENENBERG: I have a
18 question.
19 CHAIRMAN SCHMITT: Legislator Denenberg.
20 LEGISLATOR DENENBERG: This fee is
21 different than the ambulance response fee that
22 went up either last year or the year before?
23 SERGEANT STEPHANOFF: Yes.
24 LEGISLATOR DENENBERG: This is purely
25 for the helicopter?
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2 SERGEANT STEPHANOFF: For the helicopter
3 portion, yes.
4 LEGISLATOR DENENBERG: What are we
5 charging now?
6 SERGEANT STEPHANOFF: We don't charge
7 anything.
8 LEGISLATOR DENENBERG: So this would be
9 the first time that we're charging for it?
10 SERGEANT STEPHANOFF: Yes.
11 LEGISLATOR DENENBERG: Do people get
12 insurance coverage for this?
13 SERGEANT STEPHANOFF: Yeah. Insurance,
14 I think we've looked into it. Insurance, it's
15 allowable expense, added to the transport.
16 LEGISLATOR DENENBERG: Up to how much?
17 MS. FOX: The amount really varies.
18 It's claim by claim because there are unique
19 situations for each transport. However, the
20 majority of Medivacs are a result of automobile
21 accidents, so no fault would kick in, so to
22 speak, and any amount difference for the
23 individual, we do have financial hardship. It's
24 really a third-party claim. It's not necessarily
25 to go after the person who was transported, but
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2 more the insurance companies who cover them.
3 And, yes, we did ask our Med 3000, our billing
4 agency these questions, and we were informed that
5 no fault would cover Medivac.
6 LEGISLATOR DENENBERG: I looked into
7 insurance coverage on this and I haven't been
8 able to find a carrier that would cover it.
9 MS. FOX: I was also informed, aside
10 from no fault, that Medicare, Medicaid do cover.
11 Again, the amounts vary.
12 LEGISLATOR DENENBERG: That's great. We
13 pay 50 percent of that.
14 MS. FOX: Let's see what else.
15 LEGISLATOR DENENBERG: So we're going to
16 pay ourselves, I guess.
17 MS. FOX: Aetna and UHC. Again, that
18 would be only if the no fault didn't apply.
19 There was another question, if I may,
20 unless you have something else, that was raised
21 during rules, is what Suffolk County does. Just
22 for your information, in April 2012 Suffolk
23 County passed an omnibus legislation,
24 specifically it was Resolution 374-2012, which,
25 amongst other things, gave the county exec the
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2 authority to implement a program to see costs
3 from third-party insurance companies for
4 emergency airlift as well. Just that was an open
5 question.
6 CHAIRMAN SCHMITT: How many Medivacs are
7 there in a year, average?
8 MS. FOX: Approximately 75.
9 CHAIRMAN SCHMITT: And of that 75 how
10 many of them are from automobile accidents?
11 MS. FOX: From that, I can't answer
12 specifically because it's an approximate.
13 However, not all of could we claim on, based on
14 different reasons - what their trauma level was,
15 there's basic life support, advance life support,
16 and that would all be taken into account by the
17 insurance companies and our biller. So not every
18 Medivac will be billed for. And there is one
19 other component which has not been brought up,
20 but I would like to bring to the legislator's
21 attention.
22 Under the FAA you need a certain
23 certification to bill, and it's called Part 135.
24 Forgive me because I'm not very well versed in
25 FAA regulations. However, currently, we are
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2 seeking that certification and it should take
3 about six months to a year. There's a tremendous
4 amount of paperwork that goes into that, with the
5 FAA, and they have to certify us as Part 135;
6 reason being, we have to have permission from the
7 legislature to charge and then once we have your
8 permission we can seek permission from the FAA to
9 be certified to charge. So this won't take
10 effect for a year, six months to a year. It
11 wouldn’t make sense to seek the certification
12 first, if the legislative body did not grant us
13 the authority to charge because then it would be
14 for naught. So this really had to come first in
15 that series of events.
16 CHAIRMAN SCHMITT: Determined by whom?
17 MS. FOX: The FAA - Federal Aviation
18 Agency.
19 CHAIRMAN SCHMITT: Anybody else?
20 Legislator Jacobs.
21 LEGISLATOR JACOBS: I just have one
22 thing to say. I, too, checked with Suffolk, and
23 they do not have a charge. They may have the
24 permission --
25 MS. FOX: Correct. They're not
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2 certified yet either. Exactly the same
3 situation. They have passed the local resolution
4 to charge, but they are not charging it because
5 they are not Part 135 certified. That's why they
6 can't, under the FAA, charge yet.
7 LEGISLATOR JACOBS: Would it be more
8 advisable to -- let me ask two questions. Are
9 they proceeding -- to the best of your knowledge
10 -- are they looking to charge?
11 MS. FOX: Again, this just passed in
12 April 2012 for them. I was advised by Suffolk
13 that there is a tremendous -- which we were aware
14 of -- that there is a tremendous amount of
15 paperwork and you have to wait until the FAA
16 permits you to charge. You're still doing
17 Medivacs all the while, you just cannot charge
18 for them until you receive that Part 135
19 certification.
20 They are no now and they probably won't
21 for a good six months to a year, just as we
22 won't, can't until we have that appropriate
23 certification.
24 LEGISLATOR JACOBS: Let me just ask you
25 one more question. Would it be advisable to wait
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2 then with us until we're in concert with Suffolk
3 so that all of Long Island is the same?
4 MS. FOX: The reason why they also asked
5 for permission to charge first is respectfully if
6 it's so much work to be certified that in the end
7 if you're not going to charge, if you don’t have
8 the legislation to do so that was all for naught.
9 Again, it's just a lot of time and paperwork.
10 Literally, the FAA come and they have a pre-
11 meeting with you. So you kind of need the
12 ability to charge, otherwise you would never seek
13 the certification. Again, under Part 91, which
14 we are now, we can do the Medivacs; it's the
15 charging that triggers the Part 135.
16 LEGISLATOR JACOBS: Okay. Thank you.
17 CHAIRMAN SCHMITT: Anybody else?
18 Legislator DeRiggi-Whitton.
19 LEGISLATOR DeRIGGI-WHITTON: Thank you,
20 Mr. Schmitt.
21 Is it my understanding that you will not
22 begin billing until you get the certification?
23 MS. FOX: We won't and we can't,
24 correct.
25 LEGISLATOR DeRIGGI-WHITTON: And you
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2 expect that to take over a year?
3 MS. FOX: Well, no. I was told six
4 months to a year, six months being what is
5 expected but we all know how quickly six months
6 can ripen into a year. That's why I would
7 guestimate six months to a year.
8 LEGISLATOR DeRIGGI-WHITTON: So, at best
9 estimates, you don't expect to see any revenue
10 until probably the beginning of next year?
11 MS. FOX: Right. Correct.
12 LEGISLATOR DeRIGGI-WHITTON: Thank you.
13 CHAIRMAN SCHMITT: Any public comment?
14 I'm sorry. Legislator Walker.
15 LEGISLATOR WALKER: Just kind of to
16 piggyback on Legislator Jacob's comments, too.
17 We really are in concert with Suffolk? Maybe
18 we'd get lucky and say that we'd both be given
19 the permission at the same time. But if they
20 started kind of two months ahead of us, they
21 probably will be able to charge two months, maybe
22 two months before us, if it takes the same amount
23 of time.
24 MS. FOX: Actually, our aviation bureau,
25 I'm told from the people I spoke with in the
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2 Suffolk County Police Legal Bureau, that they've
3 been speaking together, to help each other walk
4 through the process of Part 135 certification.
5 Maybe them being two months ahead will actually
6 help us jumpstart in.
7 LEGISLATOR WALKER: Thank you.
8 MS. FOX: No problem.
9 CHAIRMAN SCHMITT: Any public comment?
10 (No verbal response.)
11 I'll take a motion to close the hearing.
12 I'm sorry. This is an ordinance. We've got to
13 wait.
14 Okay. I'll take a vote on the ordinance.
15 All those in favor signify by saying aye.
16 (Aye.)
17 Any opposed?
18 (Nay.)
19 By a vote of ten to nine, the ordinance
20 is adopted. Thank you.
21 Ordinance Number 8 -- I'm sorry. Item
22 Number 8, Ordinance Number 190 is an ordinance
23 amending Ordinance 16-2011 is relation to
24 increasing the fee charged by the Traffic and
25 Parking Violations Agency for a final disposition
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2 other than not guilty.
3 May I have a motion, please?
4 LEGISLATOR GONSALVES: So moved.
5 LEGISLATOR MUSCARELLA: Second.
6 CHAIRMAN SCHMITT: Moved by Legislator
7 Gonsalves, seconded by Legislator Muscarella.
8 MR. MARKS: John Marks, Executive
9 Director of TPVA.
10 MR. RICH: David Rich, Deputy Director
11 of TPVA.
12 CHAIRMAN SCHMITT: Tell us about this.
13 MR. MARKS: We're seeking to increase
14 the current fee, administrative fee charged for a
15 ticket, disposition of a ticket done by TPVA,
16 which is currently $15, based upon figures from
17 2008, when the $15 fee just went into effect,
18 where the approximate cost per ticket was $14.76.
19 A recent study by our group came in with two
20 figures, one figure being $29.50 and the other
21 $27.38 or 28 cents, to process a ticket. It
22 would be charged to any ticket process other than
23 a finding of not guilty.
24 CHAIRMAN SCHMITT: So a ticket now,
25 going through a red light, for example, is how
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2 much?
3 MR. MARKS: The ticket is $50. There is
4 a surcharge of $10. I’m sorry. There's no
5 surcharge. There's a $15 administrative fee.
6 CHAIRMAN SCHMITT: So 65?
7 MR. MARKS: That's correct.
8 CHAIRMAN SCHMITT: Where is it going to
9 go to?
10 MR. MARKS: If it's passed it will go to
11 80. I would prefer instead of administrative
12 fee, when I asked that this be written, that it
13 be called a driver responsibility fee. This is,
14 in my eyes, a self generated fee by people who
15 are not following the law. It's a safe, if you -
16 - if you get hit possibly a little harder in the
17 pocket, there may be a little more clearing,
18 careful.
19 CHAIRMAN SCHMITT: Anybody else?
20 Legislator Ford.
21 LEGISLATOR FORD: Thank you. I think my
22 recollection of this fee, when we decided to pass
23 it, I guess it was 2008 or 2009, was that this
24 fee was supposedly money because we were sending
25 it up to New York State or something because we
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2 had to process something and send information up
3 to New York State. This is not that fee?
4 MR. MARKS: Dave can talk about 2008.
5 But 2010 legislation was to change it from a one
6 incident or one stop to per ticket. The cost of
7 the people handling the ticket, the cost involved
8 with each person who handles the ticket to get it
9 through TPVA.
10 LEGISLATOR FORD: So then if in 2010 we
11 felt that it was only $14.76 a ticket and we've
12 frozen salaries and we've reduced costs
13 everywhere how it now that we're going to double
14 this?
15 MR. MARKS: Actually, in those days you
16 could have tripled it -- six times it because if
17 you got a ticket for an unlicensed operator it
18 was $15. If you got a ticket for unlicensed
19 operator, and registration, and insurance, and
20 equipment -- and the fifth one I'll get in a
21 minute -- it would be five times. That's what
22 happened in 2010.
23 LEGISLATOR FORD: I'm not on this
24 committee so I wasn't here during the committees.
25 So now what we're saying is that if somebody gets
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2 stopped by a police officer for going through a
3 red light, they're going to pay -- well, under
4 the old way they'd pay $15. If an officer found
5 out that they had an unlicensed or unregistered
6 vehicle, uninspected and had no license, then
7 they'll pay $60 in administrative fees, correct,
8 based on the four tickets?
9 MR. MARKS: I'd just make one small
10 correction. If you're stopped by a police
11 officer it's a different ballgame; it's three
12 points, $150 fee, $80 state surcharge. What I
13 believe Presiding Officer asked was the red light
14 camera, which is different than being stopped by
15 a police officer. But, yes, your basic premise
16 is yes.
17 LEGISLATOR FORD: So this fee is just
18 for red light cameras?
19 MR. MARKS: No. This is any ticket or
20 NOL, notice of liability, which is red light
21 camera, processed by the Nassau County Traffic
22 and Parking Violations Agency, other than a
23 finding of not guilty.
24 LEGISLATOR FORD: So you're saying then
25 if an officer stops you that this fee doesn't
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2 come into play at all then?
3 MR. MARKS: If you're found not guilty
4 there is no fee attached. If you go through a
5 red light and pay the state mandated fees, which
6 is the fine and the surcharge and it is currently
7 the $15 administrative fee. We're asking that
8 that fee be increased to $30 to cover our cost
9 for processing the ticket through the agency.
10 LEGISLATOR FORD: So then if somebody --
11 alright. If an officer is going around he finds
12 a car that is parked in a handicapped spot
13 without a handicapped sticker, that's one
14 occurrence, then the officer notices that the
15 car, the registration has expired and that the
16 car was not inspected, so that's three separate
17 occurrences. Currently, without this law, that
18 person then would pay $45 in additional fee,
19 correct, because it's $15 per occurrence?
20 MR. MARKS: Yes.
21 LEGISLATOR FORD: So then we're going to
22 then raise it so that instead of paying $45
23 they're going to be paying $90?
24 MR. MARKS: That's correct.
25 CHAIRMAN SCHMITT: Legislator Walker.
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2 LEGISLATOR WALKER: Just a quick
3 question. In that case that Legislator Ford just
4 described, if the person still showed their --
5 say they didn't have their car inspected or
6 whatever, is there still the timeframe that you
7 have that you could -- you wouldn't maybe have
8 the whole ticket. You would still have the
9 administrative expense, but then if you showed
10 that you got your car inspected or your car
11 registered or whatever, does that still take
12 place?
13 MR. MARKS: Often time as a courtesy if
14 somebody has an uninspected vehicle and to get it
15 done within a week or so, we would dismiss the --
16 LEGISLATOR WALKER: And now you'd still
17 pay the $30?
18 MR. MARKS: Yes.
19 LEGISLATOR WALKER: You wouldn't pay the
20 ticket but you'd pay the $30.
21 MR. MARKS: Yes.
22 LEGISLATOR WALKER: Okay. Thank you.
23 LEGISLATOR TROIANO: I have a question.
24 CHAIRMAN SCHMITT: Who said that?
25 Legislator Troiano.
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2 LEGISLATOR TROIANO: Thank you. Did you
3 say earlier that you don't think of this as being
4 an administrative fee but more of a driver
5 responsibility assessment?
6 MR. MARKS: I think when it first was
7 passed it was administrative fee.
8 LEGISLATOR TROIANO: And by that it was
9 meant to cover your administrative costs.
10 MR. MARKS: Yes. This is actually the
11 same thing. I believe the person that caused the
12 ticket to be written should be the person
13 responsible for paying the costs associated with
14 it.
15 LEGISLATOR TROIANO: I'm just not sure I
16 understand. Initially, I think the $15 was
17 thought to be what it cost to process a ticket.
18 MR. MARKS: That's correct.
19 LEGISLATOR TROIANO: Have those costs
20 gone up?
21 MR. MARKS: Yes, since 2008.
22 LEGISLATOR TROIANO: Have they doubled?
23 MR. MARKS: Yes. $14.76 and it went to
24 $27.18 or $29.50.
25 LEGISLATOR TROIANO: So it really is an
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2 administrative fee.
3 MR. MARKS: That's what it is.
4 LEGISLATOR TROIANO: And you just prefer
5 the name driver responsibility fee because you
6 think it may deter drivers.
7 MR. MARKS: Yes. I think it's just more
8 meaningful, as far as I'm concerned. The fee is
9 the fee.
10 LEGISLATOR TROIANO: Thank you.
11 CHAIRMAN SCHMITT: Anybody else?
12 (No verbal response.)
13 Okay. Any public comment?
14 (No verbal response.)
15 I'm going to call --
16 LEGISLATOR DENENBERG: I have --
17 Legislator Schmitt, I want to offer an amendment.
18 CHAIRMAN SCHMITT: You can't offer an
19 amendment.
20 LEGISLATOR DENENBERG: I'm offering an
21 amendment --
22 CHAIRMAN SCHMITT: No, you're not. You
23 can't offer an amendment --
24 LEGISLATOR DENENBERG: Why not?
25 CHAIRMAN SCHMITT: it's got to be on
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2 file for seven days. Read the Charter.
3 LEGISLATOR DENENBERG: You just had a
4 hearing, and based on the hearing my amendment is
5 that the revenue from this increase goes to the
6 social service agencies based on the fact that
7 the Office of Legislative Budget Review says we
8 could get $9 million next year from this. I
9 think we're cutting eight million. So I'm going
10 to move to amend that the revenue from this
11 increase goes to the social service agencies as a
12 dedicated fund. That's my amendment.
13 CHAIRMAN SCHMITT: Your amendment is out
14 of order.
15 LEGISLATOR DENENBERG: It's not out of
16 order. We're having a hearing and we're going to
17 vote the same day as the hearing.
18 CHAIRMAN SCHMITT: This is not --
19 LEGISLATOR DENENBERG: Based on the
20 hearing, I got information --
21 CHAIRMAN SCHMITT: This is not a
22 hearing.
23 LEGISLATOR DENENBERG: I have an
24 amendment.
25 CHAIRMAN SCHMITT: The hearing is over.
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2 The rules of the legislature, the Charter of the
3 Legislature are clear. Amendments -- which, as a
4 matter of fact, I would point out again, is a
5 regulation that the minority brought up and
6 insisted it be followed because we hadn't been
7 following it for about 15 years --
8 LEGISLATOR DENENBERG: You don’t follow
9 it when you don’t want to follow it, I understand
10 that.
11 CHAIRMAN SCHMITT: because it is
12 cumbersome. An amendment must be in file in the
13 clerk's office for seven days. That's not my
14 rule. That's the rule.
15 LEGISLATOR DENENBERG: Then what's the
16 purpose of having a hearing? If you have a
17 hearing, the idea of a hearing is to perhaps
18 amend it.
19 CHAIRMAN SCHMITT: The idea is you get
20 your --
21 LEGISLATOR DENENBERG: Based on this
22 hearing, I want to amend it.
23 CHAIRMAN SCHMITT: You can't. It's not
24 a hearing.
25 LEGISLATOR DENENBERG: I have a second.
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2 CHAIRMAN SCHMITT: Okay. You're out of
3 order.
4 LEGISLATOR DENENBERG: I move to amend,
5 and it's seconded.
6 CHAIRMAN SCHMITT: You're out of order.
7 LEGISLATOR DENENBERG: You have to call
8 the amendment. It's been seconded.
9 CHAIRMAN SCHMITT: No, you don't.
10 You're out of order. You've been ruled -- don't
11 you read anything. You have been ruled out of
12 order.
13 LEGISLATOR DENENBERG: You seem to have
14 a problem with everyone in this room, but that's
15 --
16 CHAIRMAN SCHMITT: The only option you
17 have when the chair rules you out of order is you
18 can appeal the ruling of the chair. That's the
19 only thing you can do. Otherwise, we move on.
20 LEGISLATOR DENENBERG: Presiding
21 Officer, you just destroyed the purpose of a
22 hearing. Why would we have a hearing --
23 CHAIRMAN SCHMITT: It's not a hearing.
24 LEGISLATOR DENENBERG: It makes no
25 sense. We shouldn’t call anything for a week
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2 after the hearing, like Presiding Officer Jacobs
3 would do. That's why Legislator Jacobs, when she
4 was the presiding officer, wouldn't call the item
5 until a week after the hearing, so someone such
6 as myself or yourself, could then make an
7 amendment. Why don't you consider the amendment?
8 CHAIRMAN SCHMITT: Come forward. You
9 may have to speak over the droning, but we'll do
10 our best.
11 LEGISLATOR DENENBERG: That's class.
12 LEGISLATOR JACOBS: That's so
13 unnecessary.
14 CHAIRMAN SCHMITT: Yeah, unnecessary.
15 You've been ruled out of order. It's over.
16 Forget it. Next.
17 MR. GALLAGHER: Mr. Schmitt and
18 legislators, I didn't really find out --
19 CHAIRMAN SCHMITT: I’m sorry. You have
20 to put your name on the record.
21 MR. GALLAGHER: Tom Gallagher, Wantagh.
22 I didn't find out the answer to where his money
23 would be going.
24 CHAIRMAN SCHMITT: Where whose money
25 would be going?
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2 MR. GALLAGHER: once he collects these
3 fees, where does that money go?
4 CHAIRMAN SCHMITT: That money goes to
5 the Traffic Violations Bureau. At the end of the
6 year if you have surplus, it's turned over to the
7 county, correct?
8 MR. GALLAGHER: I don't know. He didn't
9 say that.
10 CHAIRMAN SCHMITT: Or is it done
11 monthly? I don't even know myself.
12 MR. RICH: All the monies collected by
13 TPVA goes into the general fund.
14 CHAIRMAN SCHMITT: Does it go in weekly,
15 monthly?
16 MR. RICH: It goes in on a daily basis.
17 CHAIRMAN SCHMITT: Daily.
18 MR. GALLAGHER: So we got a different
19 answer other than what you were saying, sir.
20 CHAIRMAN SCHMITT: No, sir.
21 MR. GALLAGHER: Thank you very much.
22 CHAIRMAN SCHMITT: There's no different
23 answer. I don’t understand. Unbelievable.
24 Okay.
25 I'm going to take a five minute recess.
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2 LEGISLATOR TROIANO: Peter? Could I ask
3 a follow-up question to my previous question to
4 the judge?
5 CHAIRMAN SCHMITT: We're in recess right
6 now, but as soon as we come back, yes.
7 (Whereupon, the Full Legislature recessed
8 at 4:32 p.m.)
9 (Whereupon, the Full Legislature
10 reconvened at 4:42 p.m.)
11 CHAIRMAN SCHMITT: We're going to resume
12 the meeting. We're on Number 8, Ordinance Number
13 190. We have a motion by Legislator Gonsalves
14 and a second by Legislator Muscarella -
15 LEGISLATOR DENENBERG: To the Presiding
16 Officer, I'm going to make a motion to table so
17 that we can offer an amendment that the revenue
18 from this item -- it's a motion to table. I'm
19 moving so that we can make an amendment that the
20 revenue from this item, which we've heard is
21 recurring and goes to the general fund every day
22 so that the new money can be earmarked for the
23 social service agencies. That's my motion to
24 table.
25 CHAIRMAN SCHMITT: Legislator Denenberg,
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2 motion to table is fine. It stops there.
3 Do we have a second? Who said that?
4 LEGISLATOR DENENBERG: Legislator
5 Troiano.
6 CHAIRMAN SCHMITT: We have a motion to
7 table that's been seconded.
8 All those in favor of tabling please say
9 aye.
10 (Aye.)
11 All those opposed to tabling please say
12 nay.
13 (Nay.)
14 The motion to table fails by a motion of
15 ten to nine.
16 Now, on the ordinance itself, I'll take a
17 motion.
18 All those --
19 LEGISLATOR TROIANO: Legislator Schmitt.
20 CHAIRMAN SCHMITT: All those in favor --
21 LEGISLATOR TROIANO: You said you'd
22 allow me a follow-up question.
23 CHAIRMAN SCHMITT: I’m sorry. Yes, I
24 did. But we're still in the middle of a vote.
25 Go ahead. What's your question?
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2 LEGISLATOR TROIANO: Thank you. Judge
3 Marks, can you come back to the podium? Thank
4 you.
5 I should have asked this question
6 earlier.
7 You said that the administrative fee had
8 been $14 and some change.
9 MR. MARKS: No. I thought I said the
10 figures that were presented in 2008 that led to
11 the generation of the first administrative fee
12 was based upon approximately $14.76 to process
13 the ticket.
14 LEGISLATOR TROIANO: That was your
15 administrative cost. I was asking, what year was
16 it, 2008?
17 MR. MARKS: 2008.
18 LEGISLATOR TROIANO: And you said that
19 now, 2012, the cost is $28 and some pennies.
20 MR. RICH: $27.18.
21 LEGISLATOR TROIANO: 27.18. So in four
22 years your costs have nearly doubled?
23 MR. RICH: During the four year period
24 we've also added the staffing for the red light
25 camera program, as well as the program itself
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2 with the contract costs.
3 LEGISLATOR TROIANO: So the increase in
4 cost is the result of additional staffing?
5 MR. RICH: Part of it, yes.
6 LEGISLATOR TROIANO: So what was the
7 staffing in 2008 and what is the staffing now?
8 MR. RICH: I would have to get back to
9 you with that number.
10 LEGISLATOR TROIANO: Has your staffing
11 doubled?
12 MR. RICH: It has not doubled.
13 LEGISLATOR TROIANO: So then what
14 accounts for a doubling in your cost?
15 MR. RICH: The addition of the contract
16 cost as well for the red light camera.
17 LEGISLATOR TROIANO: Let's go back. If
18 your staffing --
19 CHAIRMAN SCHMITT: One question?
20 LEGISLATOR TROIANO: hasn’t doubled, how
21 much higher is it now than it was in 2008?
22 MR. RICH: As a guestimate, again, I'll
23 get back to you the actual number. But at least
24 15 percent, 20 percent more.
25 LEGISLATOR TROIANO: So you have a 20
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2 percent increase in staffing and an increase in
3 the contract, you said?
4 MR. RICH: We didn't have red light
5 camera contract back in 08.
6 LEGISLATOR TROIANO: A red light camera
7 contract means what?
8 MR. RICH: The program for red light
9 camera in Nassau County, roughly it's an annual
10 cost of about $8 million.
11 LEGISLATOR TROIANO: So it's a contract
12 with an outside company to run the camera system?
13 MR. RICH: To install the equipment, to
14 provide the printing, to provide the services --
15 LEGISLATOR TROIANO: So in 2008 we did
16 that on our own without benefit of an outside
17 provider?
18 MR. RICH: The program started in 2009.
19 LEGISLATOR TROIANO: So now we have an
20 outside provider and it's costing us that much
21 more for the outside provider?
22 MR. MARKS: The 2008 figure was before
23 the contract for the 2009 red light cameras. So
24 the 2008 figure did not include the 2009 expenses
25 since they didn't exist.
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2 LEGISLATOR TROIANO: So I'm not sure why
3 we have a third-party provider if apparently it's
4 costing us double --
5 CHAIRMAN SCHMITT: Because County
6 Executive Suozzi set it up that way.
7 MR. MARKS: I was just going to say
8 you'd have to ask the prior legislature that was
9 in control in 2009. I don't know. I have my own
10 thoughts about that contract, but that's for
11 another time.
12 LEGISLATOR TROIANO: How long does that
13 contract last?
14 MR. MARKS: It's currently 2014 was the
15 original sunset. However, through the efforts of
16 the current administration, we've negotiated a
17 new contract with APS that should be coming --
18 there will be a new contract. The cost for the
19 red light camera program will be decreased.
20 LEGISLATOR TROIANO: There's a note in
21 the monthly county budget report that indicates
22 that there's been some negotiation of the
23 contract already. Is that correct?
24 MR. MARKS: I don't know if already is
25 the word. The original contract was to expire in
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2 2014. We have the authorization to add 50
3 intersections. Frankly, with the contract that
4 we've negotiated, the prior contract --
5 CHAIRMAN SCHMITT: Judge, that contract
6 negotiation has already come to the legislature,
7 was approved by the Rules Committee in the last
8 couple of meetings. I remember the testimony on
9 how the costs were coming down compared to what
10 they were. So that's already been passed by the
11 legislature. I don't remember when it takes
12 effect. But it's done. There's really no need
13 to go into the whole thing again. It was a
14 hearing. It was done. The contract was
15 approved. The change was approved. It's done.
16 I don't have the details. You can dig it out of
17 the file. It was passed by the Full Legislature.
18 MS. D'ALLEVA: Roseanne D'Alleva from
19 the Office of Management and Budget. I just want
20 to clarify, Legislator Troiano, that we did not
21 have a red light camera program in 2008. It was
22 no performed in-house. It's not the excessive
23 amount of the contract or however you want to say
24 it. It just was never done in-house. The
25 contract is performing the function, and it's an
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2 additive to the 2008 budget.
3 CHAIRMAN SCHMITT: For those of us who
4 were here in 2008, the approval was for 50 red
5 light cameras. The administration then, Suozzi,
6 came down to the legislature then, Democrat and
7 the majority, and recommended this contract to
8 service the red light cameras. It was approved.
9 The red light cameras went up, contract's in
10 place, and off to the races we go. That was in
11 2009. So of course a new contract with a new
12 program generated additional costs to the
13 department. Now we have the new contract that
14 you have negotiated that lowers the cost of the
15 red light cameras, but still your costs are
16 greater than they were. That's why we're here.
17 Is that correct?
18 MS. D'ALLEVA: That's correct.
19 CHAIRMAN SCHMITT: Alright. I’m going
20 to call the question.
21 LEGISLATOR TROIANO: I’m sorry. I'm
22 sorry. Can I ask --
23 CHAIRMAN SCHMITT: No. You asked for
24 one question, and we've indulged you way beyond
25 that. This is not a hearing. This is not a
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2 hearing. I’m sorry, Legislator Troiano. The
3 hearing is done. It's time for a vote. I'm
4 calling the question.
5 LEGISLATOR TROIANO: Mr. Schmitt, don't
6 you want to know yourself why costs have risen,
7 doubled?
8 CHAIRMAN SCHMITT: I’m calling the
9 question.
10 LEGISLATOR TROIANO: And a question I
11 still have is does the $28 -- Judge Marks, does
12 the $28 reflect the old contract costs or the new
13 contract cost?
14 MS. D'ALLEVA: There is also, as you
15 know, the new -- we just passed legislation to
16 another 50 intersections.
17 CHAIRMAN SCHMITT: Another 50
18 intersections, absolutely correct.
19 MS. D'ALLEVA: So, therefore, the
20 performance of the contract will be actually
21 greater. That's why it's going to cost us more.
22 LEGISLATOR TROIANO: That's fine. But
23 we just heard testimony that the cost, the
24 administrative cost per violation is $28 and some
25 cents, $27.18. And then we've also heard from
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2 the Presiding Officer that costs are now coming
3 down. So my question is does the $27.18 --
4 excuse me. Let me get it out right. Does the
5 $27.18 cost that Judge Marks just cited to us
6 reflect the cost prior to this renegotiation or
7 after the renegotiation?
8 MS. D'ALLEVA: I believe the cost is
9 prior to the renegotiations, but includes the new
10 program for the 50 intersections.
11 LEGISLATOR TROIANO: Fine. But then
12 what is the cost post -- after the renegotiation?
13 MR. RICH: We're confident with the $28.
14 What it is, it's based off a percentage so we
15 can't give you an exact figure yet until the end
16 of the year. And with the additional cameras
17 coming online, our costs are going to be
18 increased.
19 LEGISLATOR TROIANO: But you're
20 confident that it's going to be between 27 and
21 $28?
22 MR. RICH: As it stands now, yes.
23 LEGISLATOR TROIANO: I'm sorry. What
24 does as it stands now mean? That's scary to a
25 legislator.
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2 MS. D'ALLEVA: Yes. The way we're
3 projecting, in terms of the new contract
4 structure, is that it's 38 percent of the revenue
5 generated, correct? So, therefore, depending on
6 when the new cameras are implemented in the cost
7 structure, once we experience a year worth of
8 flow out in terms of cost structure with the new
9 contract, that's when we'll be able to really
10 grapple and ascertain how much the contract will
11 cost us. But we feel that, you know, within our
12 projections and our experience that the $28 is
13 more than sufficient to cover it.
14 LEGISLATOR TROIANO: Thank you for your
15 help. Do you know what the costs were in 2009,
16 after we had this contract in place?
17 MR. RICH: No. Not on a per-ticket
18 basis.
19 LEGISLATOR TROIANO: Thank you.
20 CHAIRMAN SCHMITT: Alright. On the
21 question. All those in favor signify by saying
22 aye.
23 (Aye.)
24 Any opposed?
25 (Nay.)
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2 Let the record reflect that the item
3 carries by a vote of 10 to nine.
4 Number 9, Ordinance Number 191, an
5 ordinance repealing Ordinance Number 188
6 establishing fees to be charged by the Department
7 of Parks, Recreation and Museums.
8 May I have a motion, please?
9 LEGISLATOR GONSALVES: So moved.
10 LEGISLATOR WALKER: Second.
11 CHAIRMAN SCHMITT: Moved by Legislator
12 Gonsalves, seconded by Legislator Walker.
13 Good afternoon.
14 MS. KRIEB: Good afternoon. Eileen
15 Krieb from the Department of Parks.
16 This is a revision to the ordinance for
17 swimming only. It increases the swimming
18 lessons, a dollar per lesson, from $55 for 10 ten
19 lessons to $65 for ten lessons, and also includes
20 a registration fee for processing the application
21 of $5 each time.
22 CHAIRMAN SCHMITT: Any questions?
23 (No verbal response.)
24 Any public comment?
25 (No verbal response.)
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2 I'm going to call the question.
3 All those in favor of Ordinance Number
4 192 -- I'm sorry -- Ordinance 191 please signify
5 by voting aye.
6 (Aye.)
7 Any opposed?
8 (Nay.)
9 Ten to nine. Let the record show that
10 the item carries by a vote of ten to nine.
11 Item Number 10, Ordinance Number 192 is
12 an ordinance establishing fees for the
13 registration of vendors for the county's
14 procurement system.
15 May I have a motion, please?
16 LEGISLATOR GONSALVES: So moved.
17 LEGISLATOR MUSCARELLA: Second.
18 CHAIRMAN SCHMITT: Moved by Legislator
19 Gonsalves, seconded by Legislator Muscarella.
20 Please identify yourself for the record.
21 MR. SCHLERNOFF: Michael Schlernoff,
22 Director of Purchasing.
23 CHAIRMAN SCHMITT: Welcome. Can you
24 tell us what this is, please?
25 MR. SCHLERNOFF: We are changing the fee
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2 structure of the online registration fee from $50
3 for the premium service to $100 a year for all
4 registrants.
5 CHAIRMAN SCHMITT: Why is that?
6 MR. SCHLERNOFF: To increase revenue,
7 sir.
8 CHAIRMAN SCHMITT: To increase what?
9 MR. SCHLERNOFF: Revenue.
10 CHAIRMAN SCHMITT: Say that again.
11 MR. SCHLERNOFF: Money. Money.
12 CHAIRMAN SCHMITT: Could I have a motion
13 to table, please?
14 LEGISLATOR GONSALVES: So moved.
15 CHAIRMAN SCHMITT: Moved by Legislator
16 Gonsalves.
17 All those in favor of tabling please say
18 aye.
19 (Aye.)
20 The item is tabled.
21 LEGISLATOR WINK: We're tabling this
22 because we got an answer we didn't want to hear,
23 apparently.
24 CHAIRMAN SCHMITT: We're tabling this
25 until the purchasing department can come up with
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2 a cogent explanation as to what is the advantage
3 for us to do this. And revenue is not it.
4 LEGISLATOR WINK: Clarity is your defect
5 here. Clarity is your defect, just so we're
6 clear.
7 CHAIRMAN SCHMITT: It's tabled.
8 Item Number 11, Ordinance 193 is an
9 ordinance amending Article 22 of Ordinance Number
10 156 as amended, constituting the Nassau County
11 Fire Prevention Ordinance. And I'll take a
12 motion.
13 LEGISLATOR GONSALVES: So moved.
14 LEGISLATOR DUNNE: Second.
15 CHAIRMAN SCHMITT: Moved by Legislator
16 Gonsalves, seconded by Legislator Dunne.
17 Yes, sir.
18 MR. WELT: Carey Welt, Nassau County
19 Office of Fire Marshal.
20 The changes are to certain sections of
21 Article 22 dealing with fees. These were last
22 raised in 2007. The amendment will more
23 accurately cover the cost of performing these
24 tests and the administrative work that's also
25 involved with the fire alarm permits and the
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2 emergency light tests.
3 CHAIRMAN SCHMITT: Any questions?
4 LEGISLATOR WINK: Yeah. I have a quick
5 question.
6 CHAIRMAN SCHMITT: Legislator Wink.
7 LEGISLATOR WINK: Mr. Welt, will this
8 increase revenue?
9 MR. WELT: It will increase funds coming
10 into the office to cover the cost.
11 LEGISLATOR WINK: Thank you, Mr. Welt.
12 Good luck in getting this passed.
13 CHAIRMAN SCHMITT: It's to cover the
14 cost.
15 LEGISLATOR FORD: Peter, I have a
16 question.
17 CHAIRMAN SCHMITT: Legislator Ford.
18 LEGISLATOR FORD: Good afternoon.
19 MR. WELT: Good afternoon.
20 LEGISLATOR FORD: For these fees that
21 you're talking about, is this just on commercial
22 property or is this also for private homes?
23 MR. WELT: It has nothing to do with
24 private homes, with the emergency light tests.
25 The fire alarm permit fee is commercial and
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2 residential. It is the same fee for both.
3 LEGISLATOR FORD: And what is that? I
4 know I'm looking at the lights. I don't see the
5 one --
6 MR. WELT: The section is 22.5.1.
7 LEGISLATOR FORD: Okay. I see it.
8 MR. WELT: And 22.5.1.1.
9 LEGISLATOR FORD: Right. So it's going
10 from -- the current fee will go from $65 to $90,
11 right?
12 MR. WELT: That's a three year fee.
13 LEGISLATOR FORD: A three year fee,
14 right. And that's the only impact on a
15 homeowner, correct?
16 MR. WELT: That's correct.
17 LEGISLATOR FORD: Okay. Thank you very
18 much.
19 MR. WELT: You're welcome.
20 CHAIRMAN SCHMITT: Any other questions?
21 (No verbal response.)
22 Any public comment?
23 (No verbal response.)
24 All those in favor of Ordinance Number
25 194 -- I'm sorry -- 193, please signify by saying
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2 aye.
3 (Aye.)
4 Any opposed?
5 (Nay.)
6 Ten to nine. Let the record show the
7 item carries ten to nine.
8 MR. WELT: Thank you.
9 CHAIRMAN SCHMITT: Thank you.
10 Item Number 12 is Ordinance Number 194, a
11 bond ordinance providing for a capital
12 expenditure to finance a project under the
13 environmental program established pursuant to
14 Title 59, authorizing $531,250 of bonds of the
15 County of Nassau.
16 May I have a motion, please?
17 LEGISLATOR GONSALVES: So moved.
18 LEGISLATOR MUSCARELLA: Second.
19 CHAIRMAN SCHMITT: Legislator Gonsalves,
20 seconded by Legislator Muscarella.
21 MR. SCHNEIDER: Hi.
22 CHAIRMAN SCHMITT: Hi. Good afternoon.
23 MR. SCHNEIDER: Good afternoon. Brian
24 Schneider from Public Works. This is a bond
25 ordinance in relation to an inter-municipal
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2 agreement with the Village of Valley Stream for a
3 2004 Environmental Bond Act project. I appeared
4 before the Rules Committee a couple of weeks ago
5 explaining the project in the Village, and this
6 is for bonding specific for that project.
7 CHAIRMAN SCHMITT: Any questions?
8 (No verbal response.)
9 Any public comment?
10 Legislator Denenberg.
11 LEGISLATOR DENENBERG: Was this a change
12 in the environmental -- because I looked back
13 through the Environmental Bond Act in 06 and
14 something for Mill Pond Park was there.
15 MR. SCHNEIDER: Correct.
16 LEGISLATOR DENENBERG: So what's the
17 change and why are you coming to us?
18 MR. SCHNEIDER: Well, right now I'm
19 coming for bonding for the 2004 Environmental
20 Bond Act project. The Village of Valley Stream
21 had a project both in 2004 and in 2006. The
22 Village came to us and asked for revising the
23 scope of both projects, which we agreed in
24 concept it was really doing the same thing. They
25 had a project at Mill Pond Park, at the Village
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2 Green, and also at Hendrickson Park. Those are
3 both the 2004 and the 2006 projects. So we
4 needed to amend both inter-municipal agreements.
5 The 2006 Environmental Bond Act project was
6 already bonded; the 2004 was not because we
7 needed to amend the IMA, which was just done on
8 June 23. So now I'm here asking for bonding for
9 that specific project that was not done before.
10 LEGISLATOR DENENBERG: Okay.
11 CHAIRMAN SCHMITT: Any other questions?
12 LEGISLATOR DeRIGGI-WHITTON: I have a
13 quick question.
14 CHAIRMAN SCHMITT: Legislator DeRiggi-
15 Whitton.
16 LEGISLATOR DeRIGGI-WHITTON: I
17 understand that this is for dredging and I
18 appreciate that. And I know you may say this
19 irrelevant. However, I am also asking for my
20 project on West Shore Road to be approved as soon
21 as possible. And I just want to go on record
22 saying that I've tried to contact the county
23 attorney's office three times and I have not
24 received a response. And it's a similar
25 situation, because I know we're going out for
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2 bonding in that. In my situation, I'm truly
3 concerned of the safety as well.
4 Officer Schmitt, if there's anything you
5 can do. I appreciate your correspondence I got
6 today. But if you could just do anything to push
7 for a response from that, I would truly, truly
8 appreciate it.
9 CHAIRMAN SCHMITT: Okay.
10 Anybody else?
11 LEGISLATOR BOSWORTH: Yes.
12 CHAIRMAN SCHMITT: Legislator Bosworth.
13 LEGISLATOR BOSWORTH: I just wanted to
14 comment. I know this is dredging, and we're at
15 the end of the dredging of Udall's Pond. And I
16 wanted to compliment Mr. Schneider and DPW for
17 the outstanding job that has been done with this
18 pond, and with your great responsiveness to the
19 many questions that have arisen from people who
20 live near the bond and also with your help in
21 just making sure it's all going through.
22 MR. SCHNEIDER: Thank you.
23 CHAIRMAN SCHMITT: Okay. Any public
24 comment?
25 (No verbal response.)
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2 All those in favor please signify by
3 saying aye.
4 (Aye.)
5 Any opposed?
6 (No verbal response.)
7 The item carries unanimously.
8 I have -- we've got to call the ordinance
9 first.
10 Ordinance Number 195 is authorizing the
11 county executive to execute an amendment to a
12 contract with Veolia Transportation Services for
13 the management, operation, and maintenance of a
14 Nassau County bus system.
15 May I have a motion, please?
16 LEGISLATOR GONSALVES: So moved.
17 LEGISLATOR MUSCARELLA: Second.
18 CHAIRMAN SCHMITT: Moved by Legislator
19 Gonsalves, seconded by Legislator Muscarella.
20 I have an amendment in the nature of a
21 substitution. This amendment, which was
22 distributed on July 30, is being made to replace
23 the amendments, ordinance, and staff summary
24 contained in the original clerk item with this
25 one. The new amendment contains additional
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2 provisions relating to the payment and
3 reimbursement for the purchase of capital assets
4 for the county's bus system.
5 I'll offer the amendment. May I have a
6 second on the amendment?
7 LEGISLATOR GONSALVES: Second.
8 CHAIRMAN SCHMITT: Second by Legislator
9 Gonsalves.
10 All those in favor of the amendment
11 please signify by saying aye.
12 (Aye.)
13 Any opposed?
14 (No verbal response.)
15 The amendment carries unanimously.
16 Now, on the item, as amended. Is there
17 any debate or discussion?
18 (No verbal response.)
19 Any public comment?
20 (No verbal response.)
21 All those in favor signify by saying aye.
22 (Aye.)
23 Any opposed?
24 (No verbal response.)
25 The item carries unanimously.
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2 Item Number 25 is Resolution Number 116,
3 a resolution authorizing the county executive to
4 execute and submit a grant application with the
5 New York State Department of State Division of
6 Local Government Services for funding under the
7 Local Government Informants and Efficiency
8 program.
9 May I have a motion, please?
10 LEGISLATOR GONSALVES: So moved.
11 LEGISLATOR MUSCARELLA: Second.
12 CHAIRMAN SCHMITT: Moved by Legislator
13 Gonsalves, seconded by Legislator Muscarella.
14 Hello. Good afternoon or good evening.
15 MR. FINER: Hi. I'm Steve Finer. I'm
16 the Director of Grants Management in the Office
17 of Management and Budget.
18 The first of the two that are before us -
19 -
20 CHAIRMAN SCHMITT: I'm sorry. I'm going
21 to call the other one too. They're both the
22 same.
23 Item Number 27, Resolution 118 is the
24 same thing, a grant for Government Informants and
25 Efficiency Program.
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2 Start with the first one and then go into
3 the second one.
4 Wait a minute. Motion, please?
5 LEGISLATOR DUNNE: So moved.
6 LEGISLATOR GONSALVES: Second.
7 CHAIRMAN SCHMITT: Moved by Legislator
8 Dunne, seconded by Legislator Gonsalves.
9 Okay. Start with the first and then go
10 into the second.
11 MR. FINER: Again, I'm Steve Finer,
12 Director of Grants Management in the Budget
13 Office. I just want to give a general overview
14 of this program which covers both grants and then
15 the departments will speak specifically about
16 their projects.
17 The State of New York for a number of
18 years has been trying to make government more
19 efficient. For probably about ten years, it's
20 had a program, which is basically a government
21 efficiency program which makes awards for
22 projects that will decrease the cost to
23 government.
24 Almost every year, the actual grant
25 programs differ. Sometimes they'll come for one
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2 year and then they'll disappear. This year, this
3 particular grant program is the first year it's
4 been offered, and it's more of a reward program
5 than a grant program.
6 The goal here is the recognition that
7 property taxes are too high and it gives New York
8 State a competitive disadvantage. So the goal is
9 to decrease the cost to government. And what the
10 state has decided to do is give awards or rewards
11 to municipalities that have started projects
12 after January 1, 2010 and completed them by the
13 time of application to the state, which was July
14 25 of this year, and for those projects that are
15 measurable, the savings are measurable, the state
16 will give awards based on the formula that
17 they've developed, in terms of the amount of
18 savings realized by the project related to the
19 number of property tax, property owners in the
20 county. And so Nassau County applied for three
21 of these, and two of them are before you now.
22 SERGEANT STEPHANOFF: Good afternoon.
23 Sergeant Greg Stephanoff.
24 The police department is seeking the
25 award from the grant program for recognition of
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2 the money saved as a result of its headcount
3 reduction and precinct consolidation plan with
4 the incentive.
5 On our bi-weekly payroll, we are
6 currently saving approximately $18.4 million,
7 that's annualized savings. And if awarded, we'd
8 also use the money for precinct infrastructure
9 repair and repair and maintenance of the
10 precincts, which will save taxpayers even more
11 money.
12 CHAIRMAN SCHMITT: And the other one?
13 CAPTAIN SATHER: Good afternoon.
14 Captain Keith Sather.
15 The department would submit an
16 application citing savings through the
17 privatization of inmate healthcare services at
18 the correctional center. Based on 2010 costs
19 through NUMC and based on our contract
20 projections, conservatively, we're looking at a
21 $7.2 million savings.
22 CHAIRMAN SCHMITT: Okay. Legislator
23 Ford.
24 LEGISLATOR FORD: Good afternoon. My
25 question is in regard to Item 530-12 on the cost
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2 of the privatization of the inmate care.
3 I understand and I appreciate the fact
4 that we're looking to save our money and perhaps
5 get some additional funding from whether or not
6 New York State or the federal government through
7 these grant resolutions or grant agreements --
8 but my concern is when we look at, even with the
9 privatization of the inmate care, that there has
10 been some questions and some concerns raised in
11 regards to the care of these inmates. We've seen
12 an increase in suicides. I know New York State
13 has deemed it we're falling within whatever we're
14 supposed to be falling in. But I'm afraid that
15 even with something like this, with the reduction
16 of the cost, are we sacrificing something else by
17 just looking at the reduction of cost for inmate
18 care?
19 CAPTAIN SATHER: Again, I'm not here
20 today to testify on specific medical comparisons.
21 All I can say is the actual savings resulting
22 from privatization of these healthcare services,
23 and that the county has an opportunity to reap an
24 award from this savings.
25 LEGISLATOR FORD: And that's my point.
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2 CHAIRMAN SCHMITT: He's telling you that
3 he can't answer that question.
4 LEGISLATOR FORD: Oh, he can't?
5 CHAIRMAN SCHMITT: That's not his
6 purview. The idea of privatizing the healthcare
7 at the jail or the idea of precinct
8 consolidations was fought out and vetted and
9 approved by the legislature, and as a result of
10 those actions --
11 LEGISLATOR FORD: We did not -- it was
12 only the Rules Committee that passed --
13 CHAIRMAN SCHMITT: Right.
14 LEGISLATOR FORD: the privatization.
15 CHAIRMAN SCHMITT: As a result of those
16 actions, they're saving money. The saving of
17 money is what they are demonstrating to seek a
18 grant award, not the merit of the pro or con of
19 whether it should have been done in the first
20 place. It's saving money.
21 LEGISLATOR FORD: Okay. Then if you get
22 the -- if you are the recipient of this grant,
23 how much money are you looking to get from this
24 grant and what are you going to do with the money
25 then?
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2 CAPTAIN SATHER: Well, the actual award
3 would be based on the number of applicants within
4 the state and the cost savings that we show in
5 relationship to our overall budget, so I couldn't
6 say that. As far as the actual use of the money,
7 the money would simply be put back into the
8 budget, reducing overall costs.
9 LEGISLATOR FORD: But would the money go
10 back because with the precincts, what they're
11 saying is the police department is saying that if
12 they are awarded this grant they're going to
13 actually, because they're getting the grant based
14 on the savings by closing the precincts, that
15 they will then utilize that money to refurbish, I
16 guess, the precincts and maybe the community
17 centers, correct? Is it the intent of the
18 sheriff's office -- and I think that you can
19 answer this -- that if you are -- if you do
20 receive this money for this grant, are you going
21 to then reinvest because you're getting the
22 grant, because you privatized the healthcare
23 system, and that's being what it is. Are you
24 looking then -- is the money then supposed to go
25 back then to take a look at the healthcare of the
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2 inmates to see whether or not there are any
3 improvements that can be made so that it could be
4 easier for them? I mean, make it nicer,
5 whatever.
6 CAPTAIN SATHER: The savings realized
7 from the award of this grant would be used to
8 further lower departmental costs. I’m sorry. I
9 can't answer medical questions. I'm here for the
10 grant.
11 DEPUTY COUNTY EXECUTIVE WALKER: If I
12 can --
13 LEGISLATOR FORD: What I'm saying is if
14 they're taking -- I'm sorry, Deputy County
15 Executive Walker, if you want to answer.
16 DEPUTY COUNTY EXECUTIVE WALKER: Yeah,
17 if I can.
18 When this application process came about,
19 that we learned about it, we sat with all the
20 departments that we believed were the best
21 departments by the actions that were taken to
22 apply for the grant; one, in this case, with the
23 police department, as you mentioned we sat with
24 the commissioner and said it would be the best to
25 utilize that money to better upgrade our
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2 facilities with technological advancements and
3 things of that nature. Same with the sheriff.
4 We met with the sheriff. He is still looking at
5 other ways to save dollars and improve
6 efficiencies at the correctional facility. So
7 should we win this grant, that money will be put
8 into other upgrades and efficiencies that we can
9 save additional dollars. Same way with the -- as
10 you mentioned with the police department. We
11 would spend those monies. Some of them will be
12 repairs to existing facilities, where, again,
13 we're saving money because we already have
14 outlaid some county dollars that will be used for
15 that. If we do not need to use those county
16 dollars, we, in fact, save money and with other
17 operational efficiencies. So we'll definitely go
18 back to the jail, the facility, and save
19 additional dollars.
20 LEGISLATOR FORD: I appreciate that.
21 But I guess my concern is this. If you're
22 actually basing this grant, alright, on --
23 because we saved money by privatizing the
24 healthcare for the inmates, then, you know, based
25 on that -- truly, I understand that if you can,
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2 you know, bring in more money and help reduce the
3 cost over at the jail, that would be great. But
4 I'm also looking at the fact that in the past two
5 years there were five suicides at that jail, that
6 there have been other concerns that have been
7 brought to my attention in regard to the quality
8 of the healthcare of the inmates. And I
9 appreciate the fact that if it is privatized, can
10 we use that type of money. But what effort are
11 we going to make then to take a look at this and
12 then to say maybe we need to reinvest -- if we're
13 going to get some of this money, this founded
14 money, so to speak, what are we going to do to
15 maybe reinvest back into that to make sure, like,
16 you know, maybe we need to put some more money,
17 maybe we need better beds, or better equipment
18 and stuff like that.
19 DEPUTY COUNTY EXECUTIVE WALKER: I agree
20 with you. The one thing that we have looked at,
21 and obviously one suicide's too many and we don't
22 want to see them anywhere happen, never mind in a
23 correctional facility or somewhere else, is that
24 we have already started looking and the sheriff
25 and his staff already looked with suicide
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2 prevention blankets. It's a very cost
3 prohibitive expense. However, we're moving down
4 that road, so some of these dollars can be used
5 to garnered to actually use to purchase those
6 type things. There may be some additional
7 software or equipment and other things that we
8 can do. So that money will be reinvested back
9 into the correctional facility. Until we're
10 awarded those dollars, obviously we don't want to
11 just tell you the money is going to here or there
12 until we see where the award is. But all of the
13 money that we do hopefully win, we believe - -
14 it's a very competitive grant. We believe that
15 actions have been taken, exactly what the grant
16 calls for -- consolidation, realigning and
17 reshaping government, that's what it in fact
18 does. Take those dollars and put it back into
19 the system and have it better serve those we need
20 to serve.
21 LEGISLATOR FORD: Alright.
22 DEPUTY COUNTY EXECUTIVE WALKER: So it
23 will definitely be looked at, as we are doing
24 currently without winning the grant.
25 LEGISLATOR FORD: Okay. And I
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2 appreciate your response. But I'll let you know
3 that I will vote for this, but I will watch,
4 especially on this one, to make sure that if you
5 do get this grant that this money, part of it is
6 definitely put back in for the welfare of the
7 inmates because in the end, because even by
8 taking care of the inmates, we will also be
9 taking care of the sheriffs that work there as
10 well.
11 DEPUTY COUNTY EXECUTIVE WALKER: We
12 agree.
13 LEGISLATOR FORD: So I will be watching
14 this. Thank you.
15 DEPUTY COUNTY EXECUTIVE WALKER: Sounds
16 good.
17 CHAIRMAN SCHMITT: Anybody else?
18 LEGISLATOR WINK: Yeah. I have some
19 questions.
20 CHAIRMAN SCHMITT: Legislator Wink.
21 LEGISLATOR WINK: Good afternoon,
22 gentlemen.
23 In committee, I raised a number of
24 questions with respect to the issue of fiscal
25 efficiencies, whether or not savings have really
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2 been achieved. And I know, for example, that as
3 part of that discussion we discussed the fact
4 that the budget seems to be about $30 million
5 over budget for overtime this year. At the time
6 I know I asked, I believe it was Mr. Naughton, he
7 averred that none of those additional costs in
8 overtime were actually attributable to the
9 precinct closure plan. I'm having a hard time
10 believing that based upon the report of the
11 Office of Legislative Budget Review dated August
12 3, which seems to indicate that even year over
13 year that there's about a $4.5 million increase
14 in police overtime. And when you go through it,
15 it appears as though most of the precincts that
16 are to be consolidated and those that are having
17 precincts folded into them, almost routinely seem
18 to be over budget in overtime already this year.
19 So that's sort of my first question before we go
20 forward. Sergeant, if you can address that.
21 SERGEANT STEPHANOFF: As of last week's
22 overtime report, we're slightly over last year's
23 overtime.
24 LEGISLATOR WINK: I'm sorry. Slightly
25 being $4.5 million year-to-year.
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2 SERGEANT STEPHANOFF: I don't think it's
3 that high, from the report that I saw. The
4 problem --
5 LEGISLATOR WINK: Okay. Well --
6 SERGEANT STEPHANOFF: The problem with
7 that is also there is --
8 CHAIRMAN SCHMITT: Mr. Wink, when you
9 ask him a question, let him answer it.
10 SERGEANT STEPHANOFF: The problem is
11 there's grants also that have to be accounted
12 for. We journalize grant expenses back in which
13 lowers the overtime number.
14 LEGISLATOR WINK: Okay.
15 SERGEANT STEPHANOFF: But being that
16 we're slightly over last year, we're also half
17 way through with the consolidation, that's why we
18 don't believe it's attributable to the incentive.
19 LEGISLATOR WINK: To the consolidation
20 you mean.
21 SERGEANT STEPHANOFF: The incentive and
22 the consolidation. The incentive being the
23 people that left.
24 LEGISLATOR WINK: Understood.
25 SERGEANT STEPHANOFF: Also, we're
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2 realizing the savings on the biweekly payroll
3 also.
4 LEGISLATOR WINK: But we're losing it
5 right now. And in one of Mr. Chalmer's recent
6 reports he indicated as of now we have not seen
7 any savings in overtime.
8 I know budget to budget this Legislature,
9 particularly my colleagues to the right, slashed
10 the amount of overtime that was to be budgeted
11 for. Year to year, we're only about $4.5 million
12 over, with an estimate this year projected $75
13 million worth of overtime, but we're still $30
14 million project over budget in overtime. So it
15 seems to me as though this is a growing problem.
16 In fact, year to year it still seems to be over.
17 SERGEANT STEPHANOFF: To kind of keep it
18 consistent, my report was comparing overtime from
19 last year before the consolidation. There's many
20 factors that drive overtime - time off, crime,
21 officers that get hurt. There are a lot of
22 driving factors. Just to kind of -- to get a
23 handle on it, we've compared last year's numbers
24 before the consolidation and we're only -- over
25 last year, we're only slightly over. Between
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2 consolidation and saving money on a biweekly
3 payroll which, after consolidation we'll realize
4 in the ongoing years.
5 LEGISLATOR WINK: Okay. We'll certainly
6 be monitoring that as we go forward, there's no
7 question.
8 Sergeant, since I have you here. In
9 addition to the concerns that I think Legislator
10 Ford voiced, which I think are completely
11 legitimate, this is not just a dollars and cents
12 analysis of efficiency and fiscal bottom line,
13 it's also dealing with - and I would imagine that
14 the state will consider whether or not these
15 "efficiencies" have in fact achieved the same
16 goals and provided and maintained the same level
17 of services. In fact, under the New York State
18 website with respect to the Department of State,
19 when it talks about the local government
20 efficiency program, it indicates that New York
21 State is committed to working with local
22 governments to control costs while maintaining
23 the quality service delivery provided by New York
24 local governments. Clearly, whether it's inmate
25 healthcare or police consolidation or things of
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2 that nature, clearly there is still great weight
3 put on the fact that we are still supposed to be
4 providing the quality services that New York
5 State has seen from us in the past.
6 In that regard, I'm also concerned about
7 the fact that the money that we're getting for
8 this should be put back in place to maintain
9 these services that are provided.
10 Since I brought up the issues last time
11 about the veracity of some of the efficiencies in
12 savings that were alleged in these various
13 applications, particularly with respect to the
14 police consolidation we have obviously had a
15 major discovery of fraudulent and falsified
16 numbers for crime statistics, having been put out
17 by one or perhaps more individuals with the
18 effect of, quite frankly, I think misleading this
19 legislature in some way, shape, and form with
20 respect not only to the consolidation but to the
21 general operations of the police force. It seems
22 to me that we need to revisit that issue in the
23 form of this efficiency application and this
24 grant application because if we are in fact
25 moving ahead with an application with falsified
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2 numbers incorporated in it, then I think we have
3 a serious issue and I think that the state is
4 going to take a very dim view of our application,
5 if that's the case.
6 With respect to the application to the
7 police, in particular, can you tell me who was
8 involved in the preparation of this application?
9 SERGEANT STEPHANOFF: Our grants office.
10 It was Cindy Fredericks, Police Officer Arthur
11 Brickmeyer, and with help from Julie Hennal, who
12 is an accountant in our office.
13 LEGISLATOR WINK: Okay. This
14 application was prepared based on what documents?
15 SERGEANT STEPHANOFF: Excuse me?
16 LEGISLATOR WINK: What documents were
17 used by these individuals you referred to in
18 preparation of this application?
19 SERGEANT STEPHANOFF: What did you mean,
20 what documents?
21 LEGISLATOR WINK: Did they look at crime
22 statistics?
23 SERGEANT STEPHANOFF: Julie Hennal
24 prepared the fiscal numbers, as far as the
25 savings from the consolidation, what we're
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2 realizing now. The precinct consolidation, you
3 know, is ongoing and it was approved, so we
4 didn't -- I don’t think they looked at the crime
5 stats.
6 LEGISLATOR WINK: So they didn't look at
7 the crime stats. Did you have an opportunity to
8 review the application prior to its submission to
9 this legislature? Because we're being asked
10 today to sign off on this application, to
11 authorize the county executive to file it with
12 the state. Is that your understanding?
13 On page 23, about midway down, beginning
14 with the paragraph, the state is made, after a
15 thorough analysis of the current structure, which
16 included an evaluation of crime data, emergency
17 calls for service, current staffing levels,
18 fiscal constraints, and a plethora of related
19 statistics, completed with public safety being of
20 utmost concern, it was determined that a precinct
21 realignment from eight precincts into four
22 precincts would allow the department to most
23 effectively and efficiency administer public
24 safety services while maximizing tax dollar
25 contributions. I’m quoting from the application.
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2 SERGEANT STEPHANOFF: Yes.
3 LEGISLATOR WINK: Is it your
4 understanding that all of those things were
5 utilized for the purposes of preparing this
6 application, all those statistics and
7 information?
8 SERGEANT STEPHANOFF: That was put forth
9 in the plan for the consolidation and the
10 incentive.
11 LEGISLATOR WINK: And crime statistics
12 were among the criteria used for that, for the
13 precinct closure plan?
14 SERGEANT STEPHANOFF: Part of it, yes.
15 LEGISLATOR WINK: Okay. And those crime
16 statistics were, in fact, falsified.
17 SERGEANT STEPHANOFF: Some of them were.
18 LEGISLATOR WINK: Some. Particularly
19 the Sixth Precinct, is that correct?
20 SERGEANT STEPHANOFF: I'm not part of
21 the investigation, but from what I'm being told
22 yes.
23 LEGISLATOR WINK: From my understanding
24 of this, it wasn't just the Sixth Precinct it
25 was, in fact, also the Fifth Precinct's numbers
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2 that seemed to show discrepancies.
3 SERGEANT STEPHANOFF: I believe it was
4 the Sixth, and he was transferred to the Fifth
5 and then it was discovered.
6 CHAIRMAN SCHMITT: Those statistics, I
7 don't believe those were the statistics that were
8 used in your grant. Those statistics were from
9 the last couple of months, were they not?
10 SERGEANT STEPHANOFF: Yes.
11 CHAIRMAN SCHMITT: When were the
12 statistics for the grant?
13 SERGEANT STEPHANOFF: Probably from the
14 Sixth.
15 CHAIRMAN SCHMITT: No, when? What time
16 period?
17 SERGEANT STEPHANOFF: It would have been
18 from prior years, last year.
19 LEGISLATOR WINK: It would have been
20 from the period of time in which the numbers were
21 falsified.
22 CHAIRMAN SCHMITT: No. He just said
23 last couple of months.
24 LEGISLATOR WINK: He just indicated from
25 last year.
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2 CHAIRMAN SCHMITT: He said the
3 falsification of the numbers in the Sixth were in
4 the last couple of months; is that not what you
5 said?
6 LEGISLATOR DENENBERG: It's from the
7 beginning of 2011, Peter.
8 LEGISLATOR WINK: Wait. Let him answer,
9 please.
10 SERGEANT STEPHANOFF: I'm not part of
11 the investigation so I couldn't speak on the
12 falsification.
13 LEGISLATOR WINK: My recollection of the
14 information I've gotten in the Newsday story was
15 that it was over a period of about 18 months, 20
16 months, excuse me, most of which preceded the
17 precinct closure plan, which was voted on in this
18 legislature in February, I believe of this year.
19 SERGEANT STEPHANOFF: I’m not going to
20 cite things from Newsday . If I was part of the
21 investigation --
22 LEGISLATOR WINK: I'm asking you to
23 confirm or deny what's out there.
24 CHAIRMAN SCHMITT: Very good point.
25 SERGEANT STEPAHNOFF: I am not part of
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2 the investigation, I couldn't speak on the
3 falsification.
4 LEGISLATOR WINK: My concern, quite
5 frankly, is, you know, it wasn't of great comfort
6 to people who voted to authorize sending troops
7 into Iraq, that even though the weapons of mass
8 destruction didn't exist, we probably would have
9 sent troops in there anyway.
10 What I read in the paper from Deputy
11 Inspector Krumpter was that we were going to move
12 forward with the plan anyway, in spite of those
13 numbers. It just seems to me when falsified and
14 fraudulent numbers are being used for the basis
15 of a major realignment of the police department
16 here in this county, then we've got serious
17 problems, and it's not enough to say we would
18 have done it anyway even if the numbers were
19 right. Now we're actually putting those numbers
20 into an application to the state asking for grant
21 monies. And my real concern is are we putting
22 the right numbers in? If we're not, then, quite
23 frankly, I have to think that this grant
24 application is going to be dead on arrival.
25 SERGEANT STEPHANOFF: I've spoken to
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2 chiefs of the division that's overseeing the
3 consolidation. This problem won't affect the
4 consolidation because the numbers as a whole from
5 all the eight precincts, it won't affect the
6 consolidation going forward.
7 LEGISLATOR WINK: If you extrapolate it
8 out over the entire county and you claim that
9 it's only one or two precincts that were affected
10 by this that's one thing. But when it just so
11 happens that the two precincts where the numbers
12 were falsified became half of the precincts that
13 were closed down in Nassau County, it seems to me
14 they may carry a little bit more weight than they
15 did before.
16 CHAIRMAN SCHMITT: Hold on a second now.
17 You've gone far afield of the grant application.
18 LEGISLATOR WINK: No. In point of fact
19 --
20 CHAIRMAN SCHMITT: Point of fact --
21 LEGISLATOR WINK: the grant application
22 is predicated upon crime statistics. It's right
23 here in the middle of the application.
24 CHAIRMAN SCHMITT: But you're talking
25 about precinct consolidations. I'm telling you
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2 that the issue of the police precincts
3 consolidations was brought up and has been
4 battled out and is decided.
5 LEGISLATOR WINK: Again, like weapons of
6 mass destruction, we did it on faulty
7 information.
8 CHAIRMAN SCHMITT: No.
9 LEGISLATOR WINK: It's absolutely true.
10 Come on, Congressman. You should know. You
11 should know. If you get bad facts --
12 CHAIRMAN SCHMITT: There's no faulty
13 information.
14 LEGISLATOR WINK: you're going to get
15 bad decisions.
16 CHAIRMAN SCHMITT: There's no faulty
17 information there.
18 LEGISLATOR WINK: There is most
19 certainly faulty information. When you tell me
20 the Sixth Precinct crime statistics --
21 CHAIRMAN SCHMITT: Excuse me.
22 LEGISLATOR WINK: are part of the
23 consolidation --
24 CHAIRMAN SCHMITT: Excuse me. The
25 consolidation of the police precincts was
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2 predicated on the fact that over $200 million has
3 been invested in police infrastructure and that
4 there was a duplication of police resources here
5 and a considerable savings could be achieved by
6 eliminating the number of precincts and cutting
7 them down, because of the public safety center,
8 the computers and the cars, and all the rest of
9 it that went on during the hearing that you're
10 well aware of. It had nothing to do, pro or con,
11 with crime statistics.
12 LEGISLATOR WINK: You're absolutely
13 incorrect about that. In point of fact, it was
14 made abundantly clear by the administration time
15 and again that this would have no affect on
16 crime, except that it would maintain the level of
17 law enforcement that's out there and what not.
18 CHAIRMAN SCHMITT: And it has.
19 LEGISLATOR WINK: And in point of fact,
20 we were basing that on faulty numbers, numbers
21 that were artificially low. Artificially low.
22 And it's fine to say you would have done it even
23 if you knew the numbers were false. But the fact
24 remains that you did it on false pretenses. And
25 I'm not blaming you for that because you could
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2 not have controlled that, Mr. Chairman.
3 CHAIRMAN SCHMITT: You're blaming Bush -
4 -
5 LEGISLATOR WINK: I wasn't blaming Bush.
6 CHAIRMAN SCHMITT: with Iraq and the
7 weapons of mass destruction.
8 LEGISLATOR WINK: Bush had plenty to be
9 blamed for. Police consolidation was not one of
10 the things that President Bush was responsible
11 for. County Executive Mangano, on the other
12 hand, is a different animal.
13 CHAIRMAN SCHMITT: I'll relay that to
14 him. I'm sure he'll be thrilled.
15 LEGISLATOR WINK: Mr. Schmitt, you know
16 what? I have a number of additional questions
17 here. But we can short circuit this whole thing,
18 in point of fact, because I made a request of you
19 last week, Mr. Schmitt -- excuse me, and Mr.
20 Dunne, as Chairman of Public Safety, and I'm glad
21 to see you here. Thank you for being here,
22 Legislator Dunne. I made that request that we
23 hold a public hearing on this to address
24 systematically and thoroughly how this could have
25 happened, when it was caught, how it was caught,
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2 who raised the issues. There are a number of
3 questions here that go far afield of this grant
4 application.
5 CHAIRMAN SCHMITT: And I answered --
6 LEGISLATOR WINK: And if we have that
7 hearing, I will gladly defer my questions to that
8 hearing.
9 CHAIRMAN SCHMITT: I have answered your
10 request, that was a letter sent by you,
11 Legislator Scannell, and Legislator Denenberg.
12 There's an answer to your request. If you don't
13 have it yet, you should have it today. It's been
14 sent out.
15 LEGISLATOR WINK: I know what I read in
16 the paper. According to you, we can't rely on
17 what's in the paper. So why don't you tell me
18 what the response is?
19 CHAIRMAN SCHMITT: I know that you would
20 like to jump right in and circumvent what the
21 police commissioner is doing in a very effective
22 manner; we're not going to do that.
23 LEGISLATOR WINK: You know what? That's
24 interesting, Mr. Chairman. Because while we were
25 in the midst of trying to figure out what the
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2 issues were with the crime lab, you saw
3 completely fit not only to hold a public hearing
4 by the public safety committee, but you,
5 yourself, came out and personally participated in
6 it and threw a great deal of allegations at a
7 number of people, including a former commissioner
8 of police.
9 CHAIRMAN SCHMITT: It wasn't a number of
10 people. It was --
11 LEGISLATOR WINK: And that was an
12 ongoing investigation.
13 CHAIRMAN SCHMITT: Mr. Wink, it was
14 Police Commissioner Mulvey. And if I knew today
15 -- if I knew at that hearing what I know today, I
16 would have thrown a lot more. He ran that
17 department into the ground.
18 LEGISLATOR WINK: But it seems to me
19 that you didn't feel the need to hold off on a
20 hearing until every final detail was determined
21 then. And it seems to me that we need to get to
22 the bottom of this now because --
23 CHAIRMAN SCHMITT: Excuse me.
24 LEGISLATOR WINK: we based our public
25 safety decision for this county --
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2 CHAIRMAN SCHMITT: There was a --
3 LEGISLATOR WINK: We based our public
4 safety issues in this county based upon the
5 information that we received from the police
6 department. If that information is falsified,
7 faulty, or otherwise fraudulent, that seems to me
8 that we are -- it's incumbent upon us as a
9 legislature to verify, oversee, and monitor.
10 That is our responsibility. It seems to me the
11 public safety committee --
12 CHAIRMAN SCHMITT: Take a breath.
13 LEGISLATOR WINK: should be out in front
14 --
15 CHAIRMAN SCHMITT: Take a breath. Take
16 a breath.
17 LEGISLATOR WINK: on this hearing. I
18 have plenty of breath, don't you worry, Mr.
19 Chairman.
20 CHAIRMAN SCHMITT: I know. I know.
21 It's quite alright.
22 The question's been called.
23 LEGISLATOR WINK: Wait. Mr. Chairman, I
24 have additional questions. I said I would defer
25 them if we're going to have a hearing.
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2 CHAIRMAN SCHMITT: We're not going to
3 have a hearing.
4 LEGISLATOR WINK: Okay. Then I still
5 have more questions.
6 CHAIRMAN SCHMITT: Well, I guess you're
7 showing you guys what they think, the youth who
8 are waiting.
9 Go ahead. Continue until you go far
10 afield again.
11 LEGISLATOR WINK: For the purposes of
12 this efficiency grant application, what timeframe
13 was used --
14 CHAIRMAN SCHMITT: This is a filibuster
15 now.
16 LEGISLATOR WINK: No. Actually it's the
17 only way, apparently, I'm going to get answers,
18 Mr. Chairman. So I'm going to --
19 CHAIRMAN SCHMITT: You're asking the
20 wrong people, Mr. Wink, as usual. These people -
21 -
22 LEGISLATOR WINK: I'm asking a
23 representative of the police department --
24 CHAIRMAN SCHMITT: are here about a
25 grant and you're asking them --
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2 LEGISLATOR WINK: who is here to discuss
3 this efficiency grant.
4 CHAIRMAN SCHMITT: about the policies of
5 the police department and who is in charge of
6 this, and who is in charge of that.
7 LEGISLATOR WINK: No. I haven't asked
8 any of those questions yet.
9 CHAIRMAN SCHMITT: Yet?
10 LEGISLATOR WINK: In point of fact, I'm
11 asking how this application was prepared, by whom
12 it was prepared, and on what basis was it
13 prepared.
14 CHAIRMAN SCHMITT: Asked and answered.
15 He told you the grant people who worked on the
16 application. You can ask it 16 times but it's
17 not going to change what his answer is going to
18 be.
19 LEGISLATOR WINK: I apologize to you.
20 I'm not trying to castigate you. I'm simply
21 trying to get answers here, and I've been told
22 now that this is the only way it's going to
23 happen. So, to the extent that you can give me
24 answers, that's great. To the extent that you
25 can take my questions back and get answers for
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2 us, I'd appreciate that as well.
3 CHAIRMAN SCHMITT: Sergeant, would you
4 take all of his questions back and get him
5 answers, please?
6 LEGISLATOR WINK: Then let me ask them.
7 Sergeant, to the extent that you know --
8 CHAIRMAN SCHMITT: Somebody who is
9 serious about information would just provide you
10 with the questions. But this is a show. So go
11 ahead, give him the questions.
12 LEGISLATOR WINK: It's the only show
13 there is, quite frankly, because apparently Mr.
14 Chairman is not going to allow a real hearing on
15 this where we can actually properly vet this, so
16 this is the one-shot. I apologize, Sergeant.
17 CHAIRMAN SCHMITT: Should we send out
18 for dinner?
19 LEGISLATOR WINK: Sergeant, for the
20 purposes of this application, for the purposes of
21 this application, what time period did the crime
22 statistics use in this application cover? To the
23 best of your knowledge.
24 SERGEANT STEPHANOFF: This application
25 covered the precinct consolidation. I wasn't
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2 part of that precinct consolidation, so. It
3 covered the precinct consolidation, the
4 incentive, and the savings from that.
5 LEGISLATOR WINK: Did any of the crime
6 statistics that were used for this application go
7 back a period of time?
8 SERGEANT STEPHANOFF: I'm not sure.
9 LEGISLATOR WINK: Okay. If you can find
10 that out for me, I would appreciate it.
11 Were the statistics used in this
12 application for all the precincts in the county?
13 SERGEANT STEPHANOFF: Excuse me?
14 LEGISLATOR WINK: Was it an aggregate
15 used statistics for all eight precincts or was it
16 focused primarily on --
17 SERGEANT STEPHANOFF: The application is
18 predicated on the consolidation of eight
19 precincts.
20 LEGISLATOR WINK: So the crime
21 statistics used were for all of the crime issues
22 in the county, all the crime statistics for the
23 county, irrespective of which precincts were
24 closing and which ones were remaining open. I'm
25 not trying to trick you. I'm just trying to get
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2 an --
3 SERGEANT STEPHANOFF: Which ones are
4 remaining open.
5 LEGISLATOR WINK: What's that?
6 SERGEANT STEPHANOFF: Like I said, this
7 application was predicated on the consolidation
8 that was approved with the incentive back in
9 March.
10 LEGISLATOR WINK: Which would have
11 involved crime statistics throughout the county.
12 SERGEANT STEPHANOFF: I would have to
13 find out. I wasn't involved in the
14 consolidation.
15 LEGISLATOR WINK: Were you involved in
16 this efficiency application?
17 SERGEANT STEPHANOFF: My office was.
18 LEGISLATOR WINK: The grant application?
19 SERGEANT STEPHANOFF: Yes.
20 LEGISLATOR WINK: Okay. What I'm trying
21 to understand is did they just focus in on the
22 precincts that were closing or did they use crime
23 statistics throughout the entire county for the
24 purposes of filing this application?
25 SERGEANT STEPHANOFF: It was predicated
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2 on the consolidation, the consolidation plan that
3 we did.
4 LEGISLATOR WINK: Okay. Which involved
5 all eight precincts?
6 SERGEANT STEPHANOFF: Yes.
7 LEGISLATOR WINK: Including the Fifth
8 and the Sixth Precincts?
9 SERGEANT STEPHANOFF: Yes.
10 LEGISLATOR WINK: Okay. Would these
11 statistics have included figures for grand
12 larceny?
13 SERGEANT STEPHANOFF: I'd have to find
14 out. I imagine that they'd included everything,
15 but I'd have to find out.
16 LEGISLATOR WINK: Okay.
17 SERGEANT STEPHANOFF: Like I said, I'm
18 not -- I just wasn't involved with the precinct
19 consolidation.
20 LEGISLATOR WINK: I understand. And
21 again, Sergeant, I apologize because you may not
22 be the ideal person to be asking these questions
23 of. But in point of fact, you may be the only
24 person I'm going to have the opportunity to ask
25 these questions of, and that's why I have to
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2 persist, so.
3 Sergeant, to the extent that you know,
4 was Inspector Dipaolo, who is obviously in the
5 middle of this investigation right now with
6 respect to crime statistics, was Inspector
7 Dipaolo the commander of the Fifth Precinct
8 during any time period over which the application
9 -- over which statistics were referred to in the
10 application?
11 SERGEANT STEPHANOFF: I don't know. I'd
12 have to look at his -- I don't know when he was
13 there. I'd have to look.
14 LEGISLATOR WINK: I'm going to ask you
15 to check on that then.
16 SERGEANT STEPHANOFF: Because I don't
17 oversee him.
18 LEGISLATOR WINK: To the extent that you
19 know, was he the commander of the Sixth Precinct
20 during any part of the time period covered by the
21 statistics covered in this application?
22 SERGEANT STEPHANOFF: I could find out.
23 LEGISLATOR WINK: Okay.
24 Were there any statistics referred to in
25 the report statistics which were found to be
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2 falsified by Inspector Dipaolo?
3 SERGEANT STEPHANOFF: Excuse me? Say
4 that again.
5 LEGISLATOR WINK: Any of the statistics
6 used in this report, in this application -
7 SERGEANT STEPHANOFF: You mean in this
8 application?
9 LEGISLATOR WINK: In this application,
10 yes.
11 SERGEANT STEPHANOFF: I read through the
12 application, I didn't prepare it. But I read
13 through it and we didn't use statistics, we
14 described the plan - the incentive and the
15 consolidation.
16 LEGISLATOR WINK: Okay. Could you give
17 us --
18 SERGEANT STEPHANOFF: Steve Finer may --
19 MR. FINER: Can I just make a comment?
20 I can say for a fact that we did not have to
21 justify the consolidation as part of the
22 application. There was nothing in it that
23 required us to demonstrate why this consolidation
24 was necessary or made sense. Rather, this was
25 supposed to be seen as a completed project and we
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2 were to provide measurable financial results or
3 savings that came from it. I doubt whether
4 there's any crime statistics in the application,
5 although I'd have to check. But I don't
6 understand why they would be there.
7 LEGISLATOR WINK: Mr. Finer, I'm going
8 to remind you of what I just read from the Local
9 Government Efficiency Program from the New York
10 State Department of State website in which they
11 indicate that New York State is committed to
12 working with local governments to control costs
13 while maintaining the quality service delivery
14 provided by New York's local governments. It
15 seems to me that it's a combination of the two;
16 you have to show efficiencies and cost savings
17 while at the same time maintaining quality
18 services. Quality services in the case of law
19 enforcement are generally measured by crime
20 statics, are they not?
21 MR. FINER: They are measured by crime
22 statistics, yes.
23 LEGISLATOR WINK: They are indeed.
24 Thank you.
25 MR. FINER: But I don't know if they had
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2 to put them in the application to demonstrate
3 that. They have maybe five or six different
4 grant programs related to government -- this
5 actually isn't an efficiency grant, this is a
6 government performance and efficiency grant.
7 This is the first time they've issued this grant
8 with the word performance in it. It basically
9 was related to the ability to save money,
10 taxpayer money. Whether you had to demonstrate
11 whether you've maintained services or not, I
12 don’t know.
13 LEGISLATOR WINK: It sounds like
14 performance is just underscoring the fact that
15 you have to be able to maintain the performance
16 of services.
17 MR. FINER: I think the position of the
18 administration has been that we have maintained
19 the safety, the public safety. Whether the
20 statistics are accurate or not, I don't
21 understand that. I don't know that.
22 LEGISLATOR WINK: Mr. Finer, you just
23 said that you measure law enforcement's provision
24 of services by crime statistics. If the crime
25 statistics either aren't part of the application
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2 or they're an insignificant part of it, then that
3 belies the whole premises, that crime statistics
4 are the basis by which you measure providing
5 services under law enforcement.
6 MR. FINER: I don't believe they had to
7 demonstrate that in this grant. There are many
8 efficiency grants. If you look at the Department
9 of State's site, you'll see that there are a
10 whole variety of grants that they have there.
11 Also, I point out that I think the vast
12 majority of the savings here was related to
13 personnel.
14 LEGISLATOR WINK: Related to personnel.
15 MR. FINER: Yes.
16 LEGISLATOR WINK: Not the consolidation?
17 MR. FINER: Part of the consolidation
18 was the reduction in personnel. The application
19 was not simply related to the consolidation. It
20 was the headcount reduction and consolidation
21 plan.
22 LEGISLATOR WINK: Okay. And as I
23 recall, at the time we were being told by the
24 administration that the headcount reduction was
25 only a temporary savings if we didn't get the
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2 precinct closure plan. So the two aren't so
3 dissimilar; in fact, they're tied together. I'm
4 not disputing that, Mr. Chairman. My point is
5 simply you can't say it's really not about the
6 precinct closures, it's about the headcount
7 reduction when the sales job was that the
8 headcount reduction was only a savings if we got
9 the precinct closures.
10 MR. FINER: I just point out that the
11 way this project was put together was to
12 recognize that the consolidation was not
13 complete. The project that was put together was
14 a headcount reduction and consolidation of the
15 precincts that had been consolidated up to that
16 point.
17 LEGISLATOR WINK: Okay. I don’t think
18 we're necessarily disagreeing. I'm just saying
19 you can't separate the two. The two, in fact,
20 are intertwined by what was presented to us as
21 part of the precinct closure plan.
22 Can either Sergeant or Mr. Finer, can you
23 describe -- the information and statistics that
24 are provided in this application, what steps were
25 taken to ensure that the information in this
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2 application was in fact accurate and verifiable
3 or verified, I should say.
4 SERGEANT STEPHANOFF: I believe the crux
5 of the application was the financial savings from
6 the initiative. We had the financial -- from the
7 payroll system we verified the financial
8 information and that was gone over. We garnered
9 savings from the plan, and that's where we
10 applied for the grant.
11 LEGISLATOR WINK: And in terms of the
12 crime data --
13 SERGEANT STEPHANOFF: And I think the
14 savings, they can't be one-shots. It has to be
15 recurring savings, which they are, and that's
16 what we verified.
17 MR. FINER: I'd also add that the
18 administration required that the application be
19 submitted to the Office of Management and Budget
20 and all of the numbers would be reviewed by our
21 office, and they did so before it was submitted.
22 LEGISLATOR WINK: That makes sense. Was
23 it also submitted to the police department for
24 its review?
25 MR. FINER: The police department
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2 submitted it to us.
3 LEGISLATOR WINK: Okay. So the police
4 department was responsible for preparing it, and
5 then OMB reviewed it for accuracy.
6 MR. FINER: Yes.
7 LEGISLATOR WINK: But only with respect
8 to the financial numbers, is that what you're
9 saying?
10 MR. FINER: I don't think the Office of
11 Management and Budget had anything to do with the
12 crime statistics. Again, I doubt there are crime
13 statistics in the application, although I didn't
14 read it so I can't say that for sure.
15 CHAIRMAN SCHMITT: Okay. Questions have
16 all been asked and answered. I’m going to call
17 the question.
18 LEGISLATOR WINK: It's amazing. I've
19 got two more pages worth of questions that have
20 not been asked for answered --
21 CHAIRMAN SCHMITT: I'm sure you do.
22 LEGISLATOR WINK: But, you know --
23 CHAIRMAN SCHMITT: All those in favor --
24 LEGISLATOR WINK: what, Mr. Chairman?
25 That's fine. We're not going to find out any
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2 information until the administration's figured
3 out a way to sweep it under the carpet. I’m sure
4 we'll get a blue ribbon panel that comes down
5 with high priced lawyers in order to clam up this
6 entire investigation --
7 CHAIRMAN SCHMITT: All that we --
8 LEGISLATOR WINK: and it will end with
9 what we've --
10 CHAIRMAN SCHMITT: Follow the votes.
11 LEGISLATOR WINK: got so far and nothing
12 more. So let's just move on, Mr. Chairman, how
13 about that?
14 CHAIRMAN SCHMITT: All they have to do
15 is follow the blueprint laid down by yourself and
16 County Executive Suozzi if they wanted to do
17 that.
18 All those in favor --
19 LEGISLATOR DENENBERG: May I have a
20 question?
21 CHAIRMAN SCHMITT: of Item Number --
22 LEGISLATOR DENENBERG: I have a
23 question.
24 CHAIRMAN SCHMITT: 116 and Item Number
25 118 --
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2 LEGISLATOR DENENBERG: Legislator
3 Schmitt, may I have a question?
4 CHAIRMAN SCHMITT: All those in favor
5 please say aye.
6 (Aye.)
7 Any opposed?
8 LEGISLATOR DENENBERG: May I have a
9 question?
10 CHAIRMAN SCHMITT: Any opposed?
11 LEGISLATOR DENENBERG: Why can't I get a
12 question here?
13 LEGISLATOR WINK: I'm going to abstain
14 because I still have a lot more questions that
15 haven't been answered.
16 LEGISLATOR DENENBERG: Legislator
17 Schmitt, I would like a question.
18 CHAIRMAN SCHMITT: We have 18 ayes, no
19 nays --
20 LEGISLATOR DENENBERG: Since when does a
21 legislator not get a question?
22 CHAIRMAN SCHMITT: and one abstention.
23 LEGISLATOR DENENBERG: You never said
24 does anyone else have any other questions.
25 LEGISLATOR WINK: Mr. Chairman decided
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2 it's not an appropriate question, whatever it may
3 be, because he doesn't know yet.
4 LEGISLATOR DENENBERG: What did you
5 reflect as the vote?
6 CHAIRMAN SCHMITT: 18-0-1.
7 LEGISLATOR DENENBERG: Wait a second.
8 We didn't even get a question yet, sir.
9 CHAIRMAN SCHMITT: Item Number 33,
10 Resolution Number 124 --
11 LEGISLATOR BOSWORTH: Excuse me.
12 Presiding Officer Schmitt, there was a question
13 on the floor. I have not voted.
14 LEGISLATOR DENENBERG: No one voted
15 here.
16 CHAIRMAN SCHMITT: You're out of order.
17 LEGISLATOR DENENBERG: Excuse me.
18 CHAIRMAN SCHMITT: The question's done.
19 LEGISLATOR DENENBERG: No one on this
20 side voted.
21 CHAIRMAN SCHMITT: Not my responsibility
22 if you're derelict in your duties, Legislator.
23 The vote was called.
24 LEGISLATOR DENENBERG: What derelict in
25 the duties? For the record, I'm asking for a
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2 question and you're refusing to allow a
3 legislator to ask a question because you didn't
4 like Legislator Wink's questions.
5 CHAIRMAN SCHMITT: It is six o'clock.
6 Plenty of time has been devoted to this. I gave
7 wide latitude. You asked and answered a lot of
8 questions that have nothing to do with the
9 application in front of us. We're moving
10 forward.
11 LEGISLATOR DENENBERG: You just
12 falsified the vote too.
13 CHAIRMAN SCHMITT: Item Number 33 --
14 LEGISLATOR DENENBERG: You're getting
15 good at falsifying numbers here.
16 LEGISLATOR BOSWORTH: The vote was not
17 18.
18 CHAIRMAN SCHMITT: Resolution Number
19 124 --
20 LEGISLATOR DENENBERG: I'm moving to
21 reconsider. You didn't allow legislators to
22 vote.
23 CHAIRMAN SCHMITT: Why is there no clerk
24 in the seat? How was the vote recorded? 18-0-1.
25 CLERK MULLER: There were no no votes.
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2 If you don't say a no vote, then it counts as a
3 aye vote.
4 CHAIRMAN SCHMITT: Let's get this
5 straight over here, guys. This stops. You guys
6 sitting here with your --
7 LEGISLATOR DENENBERG: Wait a second.
8 To the Chair.
9 CHAIRMAN SCHMITT: not saying yes,
10 you're not saying no --
11 LEGISLATOR DENENBERG: To the Chair.
12 CHAIRMAN SCHMITT: and not saying
13 abstention.
14 LEGISLATOR DENENBERG: Peter, there are
15 a lot of questions regarding crime stats.
16 CHAIRMAN SCHMITT: Look. I'm going to
17 reconsider the item just for a vote. That's it.
18 LEGISLATOR DENENBERG: I just want to
19 know. This is based on numbers --
20 CHAIRMAN SCHMITT: Oh, Mr. Denenberg,
21 he's been over it 16 ways to Sunday.
22 LEGISLATOR DENENBERG: Who's been over
23 it 16 ways?
24 CHAIRMAN SCHMITT: Mr. Wink.
25 LEGISLATOR DENENBERG: We have the
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2 person from OMB --
3 CHAIRMAN SCHMITT: You know what? I’m
4 not going back.
5 LEGISLATOR DENENBERG: I want to ask --
6 I just want to ask the person from OMB --
7 CHAIRMAN SCHMITT: Then go off on the
8 side and ask him.
9 LEGISLATOR DENENBERG: if overtime
10 numbers were considered in this.
11 CHAIRMAN SCHMITT: Resolution Number 124
12 --
13 LEGISLATOR DENENBERG: Were overtime
14 numbers considered or not?
15 CHAIRMAN SCHMITT: is a resolution
16 approving the Office of Community Development
17 annual action plan for submission to the United
18 States Department of Housing and Urban
19 Development.
20 May I have a motion, please?
21 LEGISLATOR KOPEL: So moved.
22 LEGISLATOR BECKER: Second.
23 CHAIRMAN SCHMITT: Moved by Legislator
24 Kopel, seconded by Legislator Becker.
25 LEGISLATOR DENENBERG: I have one
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2 question. These -- Mr. Schmitt --
3 CHAIRMAN SCHMITT: You are out of order.
4 LEGISLATOR DENENBERG: Before we vote on
5 something, and I'd be inclined to vote for it, I
6 want to make sure --
7 CHAIRMAN SCHMITT: You are out of order.
8 Do you understand?
9 LEGISLATOR DENENBERG: because it is a
10 grant application, I want to make sure --
11 CHAIRMAN SCHMITT: You're going to have
12 to do your best to talk over this droning.
13 LEGISLATOR DENENBERG: that this was
14 premised on numbers that included overtime. Why
15 wouldn't you want to know that?
16 CHAIRMAN SCHMITT: What do we got here?
17 MR. MARIN: Robert Marin, Jr., Chief
18 Counsel for the Office of Community Development,
19 Office of Housing and Lending Services.
20 CHAIRMAN SCHMITT: We're going to have
21 order here. We are going to have order here.
22 Whether it's down there or up here, we're going
23 to have order.
24 Now, we're going to finish this. You can
25 tell us about this, and then, then we will -- go
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2 ahead.
3 MR. MARIN: Robert Marin, Jr., Chief
4 Counsel of Office of Community Development,
5 Office of Housing and Lending Services.
6 The item before you is the annual funding
7 award for the community development office. Our
8 community development block grant program for $12
9 million --
10 LEGISLATOR DENENBERG: Whoa, whoa, whoa.
11 Peter, I thought you were recalling someone on
12 the other item.
13 CHAIRMAN SCHMITT: It has already been
14 called.
15 LEGISLATOR ABRAHAMS: No, it hasn't.
16 CHAIRMAN SCHMITT: Yes, it has. And
17 Legislator Kopel made a motion and Legislator
18 Becker --
19 LEGISLATOR DENENBERG: That's
20 unbelievable.
21 CHAIRMAN SCHMITT: We're going to finish
22 this and then we'll go back and reconsider the
23 other question. The question can be reconsidered
24 at any time during the legislative meeting that
25 it was taken. At any time.
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2 LEGISLATOR DENENBERG: But you ended
3 questions and then you decided people voted a
4 certain way. It's ridiculous.
5 CHAIRMAN SCHMITT: Tell me about this
6 community development.
7 MR. MARIN: The annual CDBG block grant,
8 approximately $12 million, to home investment
9 partnership program $1.7 million, in the
10 emergency solutions grant $1.2 million. This is
11 our annual funding award administered by our
12 office through HUD.
13 CHAIRMAN SCHMITT: And it's passed
14 through to the towns and the members of the
15 consortium?
16 MR. MARIN: Yes.
17 CHAIRMAN SCHMITT: Tell me again what
18 the categories are.
19 MR. MARIN: These are three of our
20 grants that we administer. It's the community
21 development block grant, which is our largest
22 allocation, CDBG, that is administered through
23 the Nassau County consortium, which consists of
24 34 municipalities. The second one is the HOME
25 program, and that is administered generally
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2 through direct contract from our office to either
3 for-profit or not-for-profit developers. And
4 then the emergency, which is now the emergency
5 solutions grant, which was the emergency shelter
6 grant, is an ever evolving program in HUD's
7 definition.
8 Again, all of these programs service the
9 low to moderate income residents of Nassau County
10 and help with building or subsidizing affordable
11 housing.
12 CHAIRMAN SCHMITT: So none of these
13 various grants -- I should rephrase that. Do any
14 of these various grants have anything to do with
15 employment and training programs in the towns and
16 the villages?
17 MR. MARIN: It could. We have what we
18 refer to as the big eight, the largest
19 municipalities who receive the largest funding
20 award. They receive a stipend, an admin stipend
21 to administer staff because of the large amount
22 of money that they have to oversee. The smaller
23 municipalities with the smaller awards do not
24 receive an admin fee. And our, when I say our,
25 our department's admin fee is paid out of this
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2 grant.
3 The admin fees are capped. The community
4 development block grant is capped at 20 percent.
5 The HOME investment is ten percent. So it limits
6 the amount of administrative dollars available.
7 And as these funds continue to get cut by the
8 federal government, the amount, obviously,
9 available of admin from a percentage wise basis
10 goes down as well.
11 This year's budget represents a 14
12 percent cut from last year's budget, which
13 represented an 18 percent cut from the year
14 before. So these budgets and the monies
15 available continue to get smaller and smaller.
16 CHAIRMAN SCHMITT: I'm not sure if I
17 followed you. There is community development --
18 I'm sorry -- employment and training money
19 involved there or it's just the -- in the big
20 eight.
21 MR. MARIN: The big eight, yes, and our
22 office. Our office as well.
23 CHAIRMAN SCHMITT: So does your office
24 administer the employment and training grants?
25 MR. MARIN: Our office is paid by it.
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2 We would go to HUD training.
3 CHAIRMAN SCHMITT: No. Now we pass this
4 money down to the towns and the villages.
5 MR. MARIN: Correct.
6 CHAIRMAN SCHMITT: The big eight.
7 MR. MARIN: Yes.
8 CHAIRMAN SCHMITT: So out of the big
9 eight, they use the money for employment and
10 training.
11 MR. MARIN: Yes, a percentage of that,
12 they do.
13 CHAIRMAN SCHMITT: Do you have any
14 oversight ability involved in that?
15 MR. MARIN: Yes. We have oversight
16 ability in the entire award allocation. It's
17 based on applications submitted by the consortium
18 members. The consortium members, we asked them
19 because they have their own -- for lack of a
20 better term, for analogy purposes -- mini us
21 departments, especially the big eight. The
22 smaller villages, usually the clerk, the county
23 clerk --
24 CHAIRMAN SCHMITT: I’m not interested in
25 the smaller villages. I'm interested in the big
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2 eight.
3 MR. MARIN: The big eight, yes. They
4 have a mini us and they submit annually through
5 the application, as do all the municipalities
6 submit annually, a request and application for
7 funding award. We evaluate it and then award the
8 funds based on the application.
9 CHAIRMAN SCHMITT: So the federal funds
10 are used -- I just want to make sure I got this
11 straight in my own mind. The federal funds that
12 are used for the employment and training program
13 come from this money from your office.
14 MR. MARIN: Yes, but with a -- with a
15 HUD imposed cap of 20 percent, at most.
16 CHAIRMAN SCHMITT: Okay.
17 MR. MARIN: It could be less. Our
18 office, as stated, our office is also paid out of
19 these funds. And with the continued decrease in
20 funding, our office has anticipated this and we
21 have decreased our staff in connection --
22 CHAIRMAN SCHMITT: I understand.
23 MR. MARIN: We're vacating the floors.
24 CHAIRMAN SCHMITT: You mentioned the
25 various places. You didn't mention employment
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2 and training.
3 MR. MARIN: Maybe Kevin Creen can answer
4 that.
5 MR. CREEN: Kevin Creen, Deputy Director
6 of Office of Community Development.
7 Legislator Schmitt, are you referring to
8 public service funding for training programs,
9 say, for youth or people who are unemployed?
10 CHAIRMAN SCHMITT: No, I'm talking
11 specifically about employment and training
12 programs that are offered by the various towns.
13 For example, in my town, in Oyster Bay, where I
14 represent Massapequa, there's an employment and
15 training office. I'm given to understand it's
16 federally funded.
17 MR. CREEN: The workforce board you're
18 referring to, the WICS center.
19 CHAIRMAN SCHMITT: Does that come from
20 you?
21 MR. CREEN: No, that's separate line of
22 funding.
23 CHAIRMAN SCHMITT: Where does that come
24 from?
25 MR. CREEN: I couldn't say. We don't
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2 work directly with those offices. I know the
3 office in Oyster Bay is co-located with the
4 Office of Community Development, but the funding
5 line is a separate stream of funding.
6 CHAIRMAN SCHMITT: So the money goes
7 directly from the federal government to the town?
8 MR. CREEN: For the WICS program, yes,
9 it does.
10 CHAIRMAN SCHMITT: Okay. Thank you.
11 Does anybody else have any --
12 MR. CREEN: Roseanne D'Alleva is telling
13 me it's from Social Services Department.
14 CHAIRMAN SCHMITT: What?
15 MS. D'ALLEVA: The WICs program is
16 funded through the social service budget.
17 CHAIRMAN SCHMITT: Our social service
18 budget?
19 MS. D'ALLEVA: Well, federally through
20 the social service budget.
21 CHAIRMAN SCHMITT: How does the money
22 get to the town for the employment and training
23 program? Is it passed through us in any way,
24 shape or form?
25 MR. MARIN: Are you talking about
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2 specifically the WICs program or?
3 CHAIRMAN SCHMITT: I’m talking about
4 employment and training. I got brochures all
5 over the place - come, you need, a job, come
6 here, we'll train you, resume writing.
7 MR. MARIN: That's not our department.
8 CHAIRMAN SCHMITT: That's what I want to
9 know.
10 MR. MARIN: That's not our department,
11 no.
12 CHAIRMAN SCHMITT: That's not in your
13 department?
14 MR. MARIN: No.
15 CHAIRMAN SCHMITT: So I would assume
16 it's a direct federal program from --
17 MR. MARIN: I cannot comment on that. I
18 don’t know.
19 MS. D'ALLEVA: Through social services.
20 It's funded through social services.
21 CHAIRMAN SCHMITT: I've never voted to
22 give money to the towns through social services.
23 MR. FINER: I can explain this. I think
24 there is a confusion between the WIC program and
25 the WIBs program. One is for women, infant, and
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2 children, which comes from --
3 CHAIRMAN SCHMITT: No, no, no, no.
4 MR. FINER: I think there's a
5 misunderstanding. The WIBs is a workforce
6 investment board, and that's the Department of
7 Labor. They're two different programs.
8 MR. MARIN: Either way, neither is our
9 department.
10 CHAIRMAN SCHMITT: Okay. Legislator
11 Ford.
12 LEGISLATOR FORD: We'll segway right
13 into then. Perhaps even with the youth
14 employment, it is an item that each of, I guess,
15 the super eights can allocate a certain money.
16 What is that capped at?
17 MR. MARIN: Any public service program,
18 which would include the youth programs, is capped
19 at 15 percent, and the municipalities administer
20 those dollars as needed with the HUD cap of 15
21 percent.
22 LEGISLATOR FORD: So if somebody was
23 getting, just for argument's sake, 500,000 and
24 it's capped at 15 percent, it would be like
25 50,000, maybe 65,000, right, that you could use -
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2 -
3 MR. MARIN: Correct.
4 LEGISLATOR FORD: for your employment.
5 MR. MARIN: For any public services,
6 which would include youth employment. It's not
7 just specifically -- it's public services as a
8 whole, and that cap is by HUD and it's across the
9 board and we have no discretion over that.
10 LEGISLATOR FORD: My concern -- and I
11 know we didn't get a chance to go down and take a
12 look at the allocation. Sometimes I just feel
13 that even with the City of Long Beach, you know,
14 we have at times, I believe, missed our mark with
15 some of the community development block grant
16 money and utilizing it for things. But I mean,
17 even once again, in this application that they
18 have they put down I think about 190,000 to
19 repair a boardwalk when there is no commercial
20 establishment on the boardwalk, so to speak. And
21 I know that they use it because the beach and
22 everything is attractive, but we have a lot of
23 other areas in the city that could use this type
24 of money to maybe fix up storefronts or to fix up
25 a street or something to sort of stimulate some
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2 sort of economic growth.
3 How is it that we get the smaller
4 municipalities to try to work in better
5 conjunction with your office so that they -- I
6 know they could fall under the guidelines of what
7 the government is saying. But, really, where is
8 there responsibility to make sure that they're
9 answering what I think they should -- doing what
10 they should be doing?
11 MR. MARIN: Well, with the smaller
12 municipalities, their funding award then does
13 become a bit more competitive because it's a
14 smaller pie. We do our best to police, if you
15 will.
16 LEGISLATOR FORD: And it's hard for you.
17 MR. MARIN: Right. The intention of the
18 program and of the consortium is for the local
19 municipalities to identify their areas of need
20 and then to spend the federal dollars in
21 accordance with regulations to address those
22 needs. So someone in Long Beach thinks that that
23 boardwalk is more important -- this is just pure
24 conjecture and speculation -- would think that
25 that boardwalk's more important than the examples
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2 you gave because that's what they put on their
3 application. So we then don't want to be in a
4 position to say no, no, no, no and tell them how
5 to spend their dollars, so long as it's in
6 conjunction with federal climates. However, we
7 do try to sit with them and discuss with them a
8 plan and see if they have a vision, and if it's
9 part of a larger program. And what we do do --
10 rather, a larger project. And what we have done
11 in the past is separate funds over several years
12 for a vision project. Again, the dollars are
13 getting so much smaller and so much more
14 competitive, so we can't give you the whole pie
15 today but over the next three years we'll give
16 you the whole pie and you do this this year and
17 that next year and this the third year, and then
18 you have the project that you wanted. It's a
19 balancing act. We try to work with the
20 municipalities just to create a vision for them,
21 if they have difficulty. Some of them know
22 exactly what they want.
23 LEGISLATOR FORD: I think what I'll do
24 is maybe we could, in September, go down and meet
25 with the people in the City of Long Beach and
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2 discuss this.
3 MR. MARIN: I'd be happy to.
4 LEGISLATOR FORD: I want to make sure
5 that all of the neighborhoods within the City of
6 Long Beach are, you know, being, you know, taken
7 care of with this type of funding.
8 MR. MARIN: Absolutely. We would be
9 happy to.
10 LEGISLATOR FORD: I thank you once again
11 for doing a great job.
12 MR. MARIN: Thank you.
13 CHAIRMAN SCHMITT: Okay. Anybody else
14 with this item?
15 (No verbal response.)
16 I'm going to call the question.
17 All those in favor signify by saying aye.
18 (Aye.)
19 Any opposed?
20 (No verbal response.)
21 The item carries unanimously.
22 MR. MARIN: Thank you.
23 CHAIRMAN SCHMITT: Now, last thing.
24 We're going to take a motion -- now, a motion to
25 reconsider can only come from the voting side
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2 that prevailed, which means it has to come from
3 this side.
4 LEGISLATOR DENENBERG: No. You said it
5 was 18-nothing. You said --
6 CHAIRMAN SCHMITT: I’m sorry. I'm
7 sorry. You're absolutely right.
8 LEGISLATOR DENENBERG: So I'm moving to
9 reconsider.
10 CHAIRMAN SCHMITT: We're going to take a
11 motion to reconsider for the purposes of
12 clarifying the vote only. We're going to take a
13 motion to reconsider and we're going to call the
14 question.
15 LEGISLATOR DENENBERG: So you're still
16 not letting me ask my questions.
17 CHAIRMAN SCHMITT: No.
18 LEGISLATOR DENENBERG: In that case we
19 have to abstain since we can't ask our questions.
20 CHAIRMAN SCHMITT: When you're the
21 minority leader you can tell everybody to
22 abstain. Maybe you are, I don't know.
23 We'll take a motion to reconsider Item
24 Number 25, Resolution 116 and Item Number 27,
25 Resolution 118.
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2 I'll make the motion. May I have a
3 second, please?
4 LEGISLATOR GONSALVES: Second.
5 CHAIRMAN SCHMITT: Seconded by
6 Legislator Gonsalves.
7 All those in favor of reconsidering
8 please say aye.
9 (Aye.)
10 Items are in front of us.
11 I’m going to call the question.
12 All those in favor please signify by
13 saying aye.
14 (Aye.)
15 Any opposed?
16 (No verbal response.)
17 Abstentions?
18 (Abstain.)
19 All nine abstain.
20 LEGISLATOR DENENBERG: We don’t want to
21 be opposed to it, but you can't let us favor
22 something that might have faulty numbers. I can
23 explain my vote. Since when can someone not
24 explain their vote? Okay.
25 CHAIRMAN SCHMITT: That's it. Any other
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2 business to come before the Legislature? No.
3 I'll take a motion to adjourn.
4 CHAIRMAN SCHMITT: Moved by Legislator
5 Dunne.
6 All those in favor signify by saying aye.
7 (Aye.)
8 We stand adjourned.
9 (Whereupon, the Full Legislature
10 adjourned at 6:04 p.m.)
11 CHAIRMAN SCHMITT: We still have public
12 comment.
13 Jonathan Rios.
14 MR. RIOS: Good afternoon, ladies and
15 gentlemen.
16 CHAIRMAN SCHMITT: Good evening.
17 MR. RIOS: Good evening. Yes, it has
18 been a while.
19 My name is Jonathan Rios. I was raised
20 in Hicksville, and some of my fondest memories
21 are of the Hicksville Youth Council, now known as
22 the Hicksville Boys and Girls Club.
23 I joined when I was in middle school, in
24 high school I became a volunteer. Before I went
25 on to study at Columbia University, I was awarded
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2 the Hicksville Youth Council scholarship. I have
3 recently moved back to Hicksville and have begun
4 volunteering there again. It has been a
5 significant part of my life. I can say proudly
6 that the Youth Council has been an important
7 factor in shaping the personality I am today. It
8 provided me with mentorship, companionship and
9 support during a very impressionable part of my
10 life and instilled a deep appreciation for the
11 value of community and mutual aids. I know I am
12 not alone in my experience. Thousands of
13 children and adolescents have gone through this
14 and similar youth programs throughout Nassau
15 County.
16 I was distressed to learn that the county
17 government has terminated contracts and cut
18 funding to youth and family services and has made
19 reductions to drug treatment programs. We are
20 extremely fortunate to live in a county that has
21 the resources to provide these services. I
22 appreciate that this must have been a difficult
23 decision for you, a decision driven by financial
24 concerns in these trying economic times. But I
25 urge you to reconsider your decision.
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2 I have had the mixed blessing of meeting
3 some brilliant people in unpleasant places. I
4 can say with all honesty that I have learned more
5 from these people than I did from my professors
6 and classmates at Columbia. These are really
7 brilliant people, people who could have gone on
8 to be architects and engineers if they had found
9 the support they needed during their formative
10 years.
11 I have also had the unfortunate
12 experience of seeing some of my peers crippled by
13 substance abuse. These were good people, people
14 with education, people who were starting their
15 careers. It's important for us to remember that
16 substance abuse can be a problem for people in
17 all walks of life. Most of these friends were
18 lucky enough to make it through that difficult
19 stage of their lives with the support of publicly
20 funded programs. Without these resources, they
21 might not have made it.
22 Of course you can tell I believe in
23 public service, in people helping people. But I
24 don’t want you to think that I'm asking you to do
25 a favor with your vote. I urge you not to think
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2 of these services as a cost. I want you to think
3 of them as an investment in our community. Youth
4 services provide a strong foundation for our
5 youth to go on to be productive members of our
6 society with a strong moral foundation.
7 Substance abuse programs help those who stumbled
8 along the way get back on their feet. These
9 services are integral to nurturing and
10 maintaining a healthy and prosperous community.
11 Thank you for your time and attention.
12 CHAIRMAN SCHMITT: Legislator Walker.
13 LEGISLATOR WALKER: Jonathan, I just
14 want to thank you so much for, first of all,
15 spending a long time here and for your comments.
16 I couldn't be prouder of you and the young
17 gentleman you have become. And I know you owe a
18 lot to the Hicksville Boys and Girls Club and to
19 the Youth Council.
20 MR. RIOS: I really appreciate that.
21 And I remember meeting you many years ago when I
22 was still in high school. You were campaigning.
23 And I certainly hope that I can count on your
24 support for youth and substance abuse programs
25 throughout the county.
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2 CHAIRMAN SCHMITT: Victor Santiago.
3 MR. SANTIAGO: Okay. So you guys are
4 letting me speak now. I want to thank you all
5 for your patience. Yeah.
6 I don't know if you remember me, but I
7 spoke at the last hearing. I'm the one who
8 turned down a full-time life supporting career in
9 a trade school to move back to Nassau and
10 dedicate my life to helping the youth -- my
11 youth, your youth -- with the same services that
12 saved my life and allows me to be here today.
13 To be honest, my brain is really frying
14 right now. I’m just appalled by the fact that
15 I've had to come here four weeks in a row in June
16 with all my peers, and I'm still here today on
17 August 6 asking you today to save some 13,000
18 children's lives and dreams. There are kids
19 accompanying their dreams and careers with the
20 assistance that we provide for them by sticking
21 by their side and leading them in the right
22 direction, which takes them towards having a fun
23 childhood and a successful future.
24 If you don’t agree with -- if you can't
25 agree with what we are doing is worth a couple
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2 million dollars in order to keep kids off the
3 street and help our future, then I'm really
4 curious as to what you guys are going to be
5 spending all that money on.
6 Notice how I said our future; it's my
7 future, your future, and it's everybody elses
8 here. These children are the ones who are our
9 future, is that not valid? Someone else said
10 that too.
11 You guys are affecting everybody here in
12 a negative way, some of which are your neighbors
13 and others are close friends from your county. I
14 also say your county because you, together you
15 have the power over the final decision and you
16 guys can be the ones to set it right.
17 When you do eventually come to term with
18 our request and help save the Hicksville Boys and
19 Girls Club, along with every other service that
20 needed to be helped, then we can -- we will be
21 able to stand here with you and run this county
22 together and not have to clean up the massive
23 mess that you would have made of it in not
24 restoring my club, these programs, and giving us
25 the funding that we need and we deserve as
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2 taxpayers.
3 I just want to say one more thing. Is
4 the only reason that we're on this property every
5 day is because you're taking ours away. So you
6 give us our property, and we'll leave you guys
7 alone and get off yours.
8 Thank you.
9 CHAIRMAN SCHMITT: Amanda Schultzman.
10 (No verbal response.)
11 Tom Bruno.
12 MR. BRUNO: Good evening. My name is
13 Tom Bruno. I'm the executive director of the
14 Hicksville Boys and Girls Club. After hearing
15 two or our products speak, I plead with you once
16 again to do all that you can to restore funding
17 back to our programs.
18 Jonathan is a person who I've known for
19 probably ten years now. We provided Jonathan
20 with a scholarship to help him to begin his
21 education at Columbia University.
22 Victor is another one of our young people
23 who came through the program who was a kid who
24 was bullied in the streets and came to us for
25 help. We were able to help him to sort his way
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2 through the colors and life that he was having at
3 that point in time. He was being bullied. He
4 was being abused. He was on the verge of joining
5 a gang. This is a person who we helped -- not
6 just me, our agency, the youth service system in
7 this county gave this kid the direction that he
8 needed to get through, to start school. Now he's
9 working at our club and he's trying to direct
10 kids to make the right decision.
11 All I ask of you today is to please make
12 the right decision, to help these kids continue
13 to live prosperous lives and become products of
14 their community and support their communities.
15 Thank you very much.
16 CHAIRMAN SCHMITT: Thank you.
17 Helene Manus.
18 (No verbal response.)
19 Joan Franklin.
20 (No verbal response.)
21 Thomas Gallagher.
22 MR. GALLAGHER: I'm Thomas Gallagher,
23 Wantagh, New York. I've been living there for
24 over 47 years, right across the street from the
25 Cedar Creek Sewage Treatment Plant, even before
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2 it was built. For the life of me, I cannot
3 figure out what are we doing.
4 We know it needs a lot of money. In the
5 meantime, we want to borrow money and pay back
6 interest to an investor. It would be beautiful
7 if we could borrow the money today, make out a
8 check for the interest money, pay them back, we
9 got that money.
10 But then again, I am a retiree for the
11 Wantagh School District CSEA. From what I
12 understand, August 31 is the deadline, they're
13 pushing the plant operators to make a decision on
14 what their positions want to be. If they're
15 there many years, they might take the retirement,
16 life insurance -- health insurance, rather, and
17 bail out. Those who are there may take incentive
18 money, and I don't know what will take place with
19 them. And if the ones who remain, they may be
20 downsized, which that's what the new company
21 plans to do. Naturally, the administrative staff
22 that runs the plant now, well, they will have to
23 be relocated somewhere else. As we relocate
24 those people somewhere else, we still have them
25 on our county tax roll payroll. We're still
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2 paying taxes for those people. And if we move
3 the employees out of there and move them out to
4 building and grounds or parks departments, we're
5 still paying county taxes for those people. We
6 are not getting ahead. All we are doing is
7 employing a new company employees to take over
8 the plant. And we're going to be paying our
9 taxes to their pockets, their salaries, and
10 they're going to look for a little more and
11 they'll be taking fees to increase their pockets.
12 If things do break down, the county will
13 be paying to repair this stuff. They'll be just
14 riding free and high just telling you, oh, yeah,
15 our electrical system went down in Bay Park.
16 You, the county, better get some generators here.
17 We do not need anybody to come in here
18 and ride over what we've been doing for many
19 years. I've been going to many meetings and so
20 have others, been going to the county meetings at
21 the sewage treatment plant. And we, the general
22 public, was telling them let's get irrigation
23 tank covers. We've made demonstrations. We've
24 seen that got done. Pellitization of these
25 plants, we stopped that program. We, the general
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2 public, stopped it. We kind of made a little
3 control over when we would have problems there,
4 not enough manpower, we got manpower. Mr.
5 Mangano put a lot money back into the plant and
6 got it up and running. Thank God he did.
7 Whether it got it running just to put it up for
8 sale, I don’t know.
9 The plant is getting old and it is going
10 to break down. Naturally, this new company
11 that's coming in, they're not going to be the
12 fall guy. The stuff going into Reynold's
13 Channel, they're not going to be the fall guy.
14 They said you did that for years and can't
15 control it. They cannot control what we could
16 not control. That's where we should not have
17 been in the business to start with, so to say.
18 But we've been in the business and we have people
19 dedicating their lives to these plants going home
20 with smells on them and maybe who knows what kind
21 of diseases they're carrying, cancer or whatever.
22 We have to protect the employees we have
23 here now. We do not want people coming in from
24 New Jersey, Rhode Island or some other state to
25 take over our plants and run them and run them
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2 all out of our jobs, our homes, our families.
3 You don't know how much you'd be destroying
4 Nassau County by letting this thing to ever go
5 through. We can still do it. There are many,
6 many ways of doing it.
7 CLERK MULLER: Your three minutes have
8 expired, sir.
9 MR. GALLAGHER: Some of the ways are,
10 like we're doing now out in Suffolk County with
11 the police department, is pay back 15 percent in
12 your health insurance. We can have the county
13 employees do that; there's money savings there.
14 We can have different ways of cutting costs at
15 these plants to bring us up a little more --
16 CHAIRMAN SCHMITT: You have to conclude,
17 the three minutes are up.
18 MR. GALLAGHER: Yes, sir.
19 CHAIRMAN SCHMITT: You have conclude.
20 If you could wrap it up.
21 MR. GALLAGHER: I'm just hoping that we
22 leave things be as is. We don’t need to bring in
23 people to bail out on. What we do here is every
24 time we need money we go into a bond. Next year,
25 let's pay out the bond and pay off the loan.
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2 Next year let's pay off that loan. Now we're
3 going to be taking in people and then when they
4 fail, we'll be taking in another company.
5 Thank you very much for your time, Mr.
6 Schmitt.
7 CHAIRMAN SCHMITT: Thank you.
8 Jerry Laricchiuta.
9 (No verbal response.)
10 I apologize on the name. Razmira Satar.
11 VOICE: Left.
12 CHAIRMAN SCHMITT: Left.
13 Pearla Gonsales.
14 (No verbal response.)
15 Patricia Kearney.
16 Beverly Visconte.
17 Whoops. I’m sorry. You are?
18 MS. KEARNEY: Patricia Kearney.
19 CHAIRMAN SCHMITT: Hi. Okay. Go ahead.
20 MS. KEARNEY: I have a letter from Greg
21 Naham (phonetic) from the Nassau County Coalition
22 of Civic Associations that I'd like to read into
23 the record.
24 CHAIRMAN SCHMITT: Certainly.
25 MS. KEARNEY: Dear County Legislators.
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2 I am writing on behalf of the Nassau County
3 Coalition of Civic Associations, a coalition
4 representing the interests of over 400 civic
5 associations in Nassau County, regarding the
6 county's sewage treatment plants.
7 The people of Nassau County are concerned
8 about the county's plan to enter into
9 private/public partnerships with an operator and
10 an investor for the Bay Park, Cedar Creek, and
11 Glen Cove sewage treatment plants. We feel that
12 we have been kept in the dark about a plan that
13 may turn out to be the biggest financial
14 transaction in Nassau County's history.
15 The plan to privatize our sewage
16 treatment plants began in February 2010, when the
17 county executive put out bids to find a financial
18 advisory to help procure an agreement among the
19 investor/operator and the county to lease our
20 sewage treatment plants, and yet we heard nothing
21 about the county executive's intent until he had
22 already hired Morgan Stanley and had asked you to
23 approve this plan to privatize the plants as a
24 meaning of filling the gap in the 2012 and 2013
25 budget. Yet, there were not hearings to inform
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2 the public of the county executive's intent or of
3 the contracts that the legislative majority
4 approved.
5 Our sewage treatment plants provide a
6 necessary function that Nassau County cannot do
7 without. As stewards of our public assets, it's
8 your responsibility to assure that our sewage
9 treatment plants are operated properly and are
10 upgraded with the safest, cleanest, and most
11 efficient equipment available. As our
12 representatives, it's your duty to protect the
13 health and safety of your constituents.
14 It would seem that the best way to assure
15 that the conditions of the plant are up to par
16 would be to call for hearings for the responsible
17 parties so that you may learn of the conditions
18 of our sewage treatment plants, make sure that
19 the capital improvements that you already
20 approved in 2007 are made to the plans, and
21 determine what further improvements or staffing
22 needs to be added to bring our plants up to date.
23 Yet, there hasn't been a hearing on the
24 conditions of our plants in over two years.
25 The people of Nassau County have a right
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2 to know if their sewage treatment plants are
3 operating properly. We have many questions and
4 concerns regarding the county executive's plan to
5 privatize our sewage treatment plants. We need
6 the opportunity to voice our concerns.
7 Therefore, we respectfully request that hearings
8 be held as soon as possible.
9 We need to hear from the Department of
10 Public Works, the Sewer and Storm Water
11 Authority, Cameron Engineer, Dvirka &
12 Bartellucci, Serve and Trent, United Water, and
13 the county executive regarding the condition of
14 our plants and plan to privatize the sewage
15 treatment plants. Further, the people of Nassau
16 County should have the opportunity to cast a vote
17 on whether they want to lease or sell our public
18 assets.
19 Our county was built on the perception
20 that the people have the right to participate in
21 government. We are government of the people, by
22 the people, and for the people. There is
23 something profane about prevention individuals
24 from exercising their right. We therefore ask on
25 behalf of the people of Nassau County that the
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2 Nassau County Legislature put a referendum on the
3 ballot for the November 6, 2012 election that
4 would require the sale or lease of our sewage
5 treatment plants to be brought to the people of
6 Nassau County for a vote.
7 Thank you for your attention to this
8 matter. Please keep us advised of the status of
9 our request.
10 Sincerely, Greg Naham, President.
11 Thank you very much.
12 CHAIRMAN SCHMITT: Thank you.
13 Beverly Visconte.
14 MS. VISCONTE: I'm Beverly Visconte. I
15 just wanted to say first that I, too, am very
16 much in favor of restoring money to the youth
17 services. But I'm actually here on the other
18 topic of the sewage treatment plants. I’m here
19 to speak on the topic of the proposal to
20 privatize Bay Park, Cedar Creek, and the Glen
21 Cove sewage treatment plants.
22 As I understand, the private operator,
23 United Water, has already been chosen. And
24 despite the ruling of NIFA to disallow borrowing
25 and, therefore, to prevent the county from
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2 privatizing, but by choosing a financier the
3 county is still moving ahead seeking financiers
4 to lease these plants. County residents are now
5 very worried and want to have a say in this
6 procedure. To that end, I ask that you now
7 consider will you each vote in favor of holding
8 hearings on these privatization plans well before
9 any vote takes place to approve an upcoming
10 contract?
11 When we were last here -- well, when we
12 were here in February, we were promised by
13 Legislator Denise Ford to hold a hearing sometime
14 in the spring. Miss Ford, we depend on you. We
15 very much appreciate your support. But those
16 hearings didn't happen and we want to know that
17 you will all agree to have hearings well before
18 September 24 when you might be voting on this.
19 I have letters for each of you to sign
20 and to submit to Presiding Officer Schmitt to
21 schedule hearings. I have letter for each of you
22 to Mr. Schmitt asking him to schedule hearings.
23 I also have a letter from Mr. Schmitt to the
24 clerk asking him to put it on the calendar. May
25 I give you these letters?
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2 While you're deciding what to do with
3 those letters, I would ask that you give them to
4 them, please. Give them out.
5 CHAIRMAN SCHMITT: No. Submit it to
6 the clerk. It will be distributed like every
7 other thing that's distributed to the clerk. It
8 will work its way out. Everybody will get their
9 letter.
10 MS. VISCONTE: We were hoping we would
11 leave today --
12 CHAIRMAN SCHMITT: Hold on.
13 MS. VISCONTE: with the signature on
14 those letters.
15 CHAIRMAN SCHMITT: You're not leaving
16 today with signatures on the letter. This is not
17 -- you think you're going to come in here and get
18 a decision from everybody in 36 seconds, no.
19 MS. VISCONTE: Do you think that we
20 ought to have a right to have legislative
21 hearings on these? We certainly --
22 CHAIRMAN SCHMITT: I think that --
23 MS. VISCONTE: don't want to have the
24 same thing happened as happened with the Veolia
25 Bus contract.
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2 CHAIRMAN SCHMITT: Why?
3 MS. VISCONTE: We don't want to have two
4 days' notice.
5 CHAIRMAN SCHMITT: It's a big success.
6 MS. VISCONTE: If this is going to go
7 through in September, we need to be having
8 hearings in August and early September.
9 CHAIRMAN SCHMITT: Veolia Bus, in spite
10 of all the nay sayers out there, all of the
11 people that said terrible thing, don't do it,
12 don’t do it, it's going to affect our bus, big
13 success. I know that sticks in some craws, but a
14 big --
15 MS. VISCONTE: You may consider it a
16 success --
17 CHAIRMAN SCHMITT: success.
18 MS. VISCONTE: but you did not give the
19 people a chance to talk about it, to have their
20 say.
21 LEGISLATOR DENENBERG: The lack of a
22 hearing, Peter, was not a success.
23 MS. VISCONTE: We don't want that to
24 happen again.
25 LEGISLATOR DENENBERG: To the Chair. A
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2 lack of a hearing was not a success. A hearing
3 only a few days before the contract is not a
4 success.
5 CHAIRMAN SCHMITT: I understand you're -
6 -
7 LEGISLATOR DENENBERG: She's asking for
8 a hearing on the entire concept.
9 CHAIRMAN SCHMITT: Mr. Denenberg, I
10 understand your need to grandstand and to pander.
11 That being said --
12 LEGISLATOR DENENBERG: Mr. Class here.
13 MS. VISCONTE: I really don't want to be
14 in the middle of this conversation.
15 CHAIRMAN SCHMITT: There will be a
16 hearing --
17 MS. VISCONTE: When?
18 CHAIRMAN SCHMITT: When we have
19 something in front of us to have a hearing on.
20 MS. VISCONTE: We were promised hearings
21 in the spring.
22 CHAIRMAN SCHMITT: I know you like to
23 have --
24 MS. VISCONTE: If you're going to be
25 voting on this in September, September 24, you
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2 already have --
3 CHAIRMAN SCHMITT: Ma'am.
4 MS. VISCONTE: You already have 13
5 financiers responding to your requests.
6 CHAIRMAN SCHMITT: So that you tell you
7 that there's some interest. So now we've got to
8 wade through it. The administration has to wade
9 through it and come up with their best opinion as
10 to what's best for this county and send it to us.
11 At that point, not the rumors, not what some
12 people say it's going to be, not what some other
13 people think it's going to be, when it's here and
14 we have it --
15 MS. VISCONTE: You mean two days before
16 you vote on it?
17 CHAIRMAN SCHMITT: As soon as we get it
18 there will be a hearing. You cannot privatize
19 without a hearing. And under our rules an item
20 must sit for 17 days.
21 MS. VISCONTE: Okay. I have another
22 question for you.
23 CHAIRMAN SCHMITT: Sure.
24 CLERK MULLER: Just so you know, by the
25 way, we're at five minutes.
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2 CHAIRMAN SCHMITT: Okay. Then you've
3 got to wrap up because we're at five minutes.
4 MS. VISCONTE: Will you vote to put a
5 referendum on the ballot as you did with the
6 Coliseum --
7 CHAIRMAN SCHMITT: No.
8 MS. VISCONTE: to require the approval
9 of Nassau County residents for the privatization
10 sale or lease of our sewage treatment plants or
11 any and all other county assets and properties?
12 CHAIRMAN SCHMITT: I got the question.
13 The answer is no.
14 MS. VISCONTE: You don't believe the
15 people have a voice in this, should have the
16 voice in this?
17 CHAIRMAN SCHMITT: Ma'am, I was the one
18 who put the Coliseum referendum, who insisted on
19 the Coliseum referendum, but there was a
20 proposal. It was facts in front of us. Spend
21 $400 million to renovate or build a new Coliseum.
22 It wasn't rumor. It wasn't speculation. It was
23 somebody's idea. Then we put a referendum on the
24 ballot.
25 MS. VISCONTE: Having a referendum for a
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2 situation like this is nothing new. It's done
3 all over the place.
4 CHAIRMAN SCHMITT: So groups --
5 MS. VISCONTE: Only in Nassau County you
6 should be able to do this without people's say?
7 CHAIRMAN SCHMITT: with no information
8 and no facts can run around and tell people in
9 the most irresponsible manner -- and, yes, I'm
10 pointing to Mr. Denenberg --
11 LEGISLATOR DENENBERG: That's why you
12 should have a hearing.
13 CHAIRMAN SCHMITT: that there is -- oh,
14 this is going to ruin the water, this is going to
15 ruin the sewers. There's no facts to talk about.
16 MS. VISCONTE: Well, we don't depend on
17 you to make that decision. We want to have a
18 voice in it.
19 CHAIRMAN SCHMITT: Yeah, unfortunately
20 you do.
21 MS. VISCONTE: Why should we?
22 CHAIRMAN SCHMITT: It's the system.
23 MS. VISCONTE: We vote for you.
24 CHAIRMAN SCHMITT: Good. Good.
25 MS. VISCONTE: Then what is your
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2 responsibility --
3 CHAIRMAN SCHMITT: I'll be running for
4 re-election. You can vote for me --
5 MS. VISCONTE: as a representative of
6 your constituents, you just do whatever you want?
7 CHAIRMAN SCHMITT: or against me.
8 Wait. You live in Baldwin. You can't
9 vote for me or against me. Okay.
10 LEGISLATOR DENENBERG: Mr. Schmitt.
11 CHAIRMAN SCHMITT: Mr. Denenberg.
12 LEGISLATOR DENENBERG: Thank you.
13 First, I've sent a letter to Mr. Schmitt
14 to do the hearings now. And I'm quoting from
15 January 2010 when Mr. Schmitt came in he said
16 that there would be hearings and consistent
17 hearing, open government and transparency when it
18 comes to the sewage treatment plants. We had one
19 two-hour committee meeting back in February 2010.
20 In two and a half years there's been no hearing -
21 -
22 CHAIRMAN SCHMITT: Mr. --
23 LEGISLATOR DENENBERG: Let me finish.
24 The conditions of the --
25 CHAIRMAN SCHMITT: You waited five years
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2 to have a hearing when you were in charge.
3 LEGISLATOR DENENBERG: We had a hearing
4 --
5 CHAIRMAN SCHMITT: Five years.
6 LEGISLATOR DENENBERG: every quarter.
7 Every quarter --
8 CHAIRMAN SCHMITT: And then when you had
9 a hearing and it showed that there was something
10 that had to be done --
11 LEGISLATOR DENENBERG: on the capital
12 plans and on the sewage treatment plants.
13 CHAIRMAN SCHMITT: you didn't do a
14 thing.
15 LEGISLATOR DENENBERG: You chose not to
16 do use them and to grandstand. You have to be
17 kidding.
18 We have a request for expression of
19 interest that's out in the streets for a $700
20 million financier to be paid back by sewage
21 taxpayers becoming rate payers. All of them.
22 CHAIRMAN SCHMITT: And that does not
23 mean -- and that's exactly the crux --
24 LEGISLATOR DENENBERG: So you don’t want
25 rumors?
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2 CHAIRMAN SCHMITT: That's exactly the --
3 LEGISLATOR DENENBERG: We should have a
4 hearing right now before a contract for you --
5 CHAIRMAN SCHMITT: crux of the issue.
6 LEGISLATOR DENENBERG: to rubber stamp
7 hits the floor.
8 CHAIRMAN SCHMITT: There are 13
9 different proposals out there.
10 LEGISLATOR DENENBERG: How do you know
11 there are 13 different proposals?
12 CHAIRMAN SCHMITT: You just said so.
13 LEGISLATOR DENENBERG: Supposedly,
14 supposedly there are 13 companies that are
15 willing to lend $700 million on the backs of
16 sewage taxpayers, shouldn't that concern you?
17 CHAIRMAN SCHMITT: So we have no
18 information. We have no idea --
19 LEGISLATOR DENENBERG: We have plenty of
20 information.
21 CHAIRMAN SCHMITT: what company --
22 LEGISLATOR DENENBERG: We have United
23 Water sitting in the sewage treatment plants
24 considering things like pellitization and getting
25 information every day, and you don't want to have
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2 a hearing on it. We have capital projects that
3 are two and a half years delayed and you don't
4 want to have hearing on it. Why wouldn't you?
5 We did a hearing every quarter --
6 CHAIRMAN SCHMITT: No you didn't.
7 LEGISLATOR DENENBERG: where anyone who
8 wanted to talk about the capital projects could.
9 CHAIRMAN SCHMITT: And when you found
10 out what needed to be done you did nothing.
11 LEGISLATOR DENENBERG: We put in a $700
12 million improvement plan.
13 CHAIRMAN SCHMITT: Which was never
14 spent.
15 LEGISLATOR DENENBERG: Because in 2010
16 you came in and we haven't seen anything.
17 CHAIRMAN SCHMITT: No, no.
18 MS. VISCONTE: Excuse me. NIFA has
19 already said no and you're still moving ahead. I
20 think we should have hearings on this.
21 CHAIRMAN SCHMITT: Well, that's
22 wonderful.
23 MS. VISCONTE: If you're still moving
24 ahead and NIFA already said no, you're ignoring
25 them.
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2 CHAIRMAN SCHMITT: You've got to wrap
3 up.
4 MS. VISCONTE: We need hearings.
5 CHAIRMAN SCHMITT: You've got to wrap
6 up. The time is expired. The point of the
7 matter is --
8 MS. VISCONTE: Well, you spoke right
9 through it.
10 CHAIRMAN SCHMITT: you have asked me a
11 question, I have answered it.
12 MS. VISCONTE: I also want to make a
13 point. You have raised no new taxes. I keep
14 getting things in the mail seeing signs on the
15 street, thank Mr. Mangano because there have been
16 no new taxes. Tell me how much money in fees was
17 raised today, just today, and how much more in
18 fees will be raised through the sewer rate
19 increases. We don't have any more new taxes, but
20 we're going to be paying through the nose for
21 everything else, plus cutting jobs. Saying you
22 got jobs on one hand and cutting them out on the
23 other. What about all these other youth services
24 jobs? They're down the drain. But we have -- I
25 know, theaters now and actors.
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2 CHAIRMAN SCHMITT: Theaters and actors?
3 MS. VISCONTE: Yeah.
4 CHAIRMAN SCHMITT: I'm done.
5 MS. VISCONTE: Thank you for your time.
6 Take a look at those letters. I wish you would
7 send them off --
8 CHAIRMAN SCHMITT: You're very welcome.
9 MS. VISCONTE: to him. Thank you.
10 CHAIRMAN SCHMITT: Ann Marie Seplovita.
11 VOICES: She's gone.
12 CHAIRMAN SCHMITT: Sergio -- do you want
13 to yell at us again? Is Sergio still here?
14 VOICE: He's gone.
15 CHAIRMAN SCHMITT: He's gone too. Okay.
16 Rubin Santiago.
17 VOICE: Gone.
18 CHAIRMAN SCHMITT: He's gone.
19 Maureen Quintonilla.
20 VOICE: Gone.
21 CHAIRMAN SCHMITT: Pastor Eli Raise.
22 VOICE: Gone.
23 CHAIRMAN SCHMITT: Mary-Ellen Kreye.
24 MS. KREYE: Good evening. I'm here as
25 one of the grandparents and great grandparents
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2 and senior citizens who support county refunding
3 of the youth service agencies.
4 We had lobbied the New York State
5 Assembly and Senate for the red light camera
6 legislation with the promise the proceeds would
7 be sequestered for human service agencies. No
8 question, there has been a betrayal of that
9 trust.
10 Recently, my husband received a letter
11 from County Executive Ed Mangano to a party to
12 celebrate my husband's birthday. We were
13 outraged at this frivolity in these serious times
14 for youth and other human services.
15 This is a cost effective system. In the
16 35 years of service, Uniondale Community Council
17 and its youth project has served over 17,000
18 youth and also their families at a cost of $118
19 per youth, per year. Of that, $46 was county
20 funding. This is a cost effective system.
21 You are like a pair of gangs, truthfully,
22 shooting out over turf, shooting it out over
23 turf. We have no gun in this battle. We're not
24 part of this thing. You pulled us into it.
25 Youth services are the collateral damage in a
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2 Call of Duty game. But for our youth, this is no
3 game. This is not about bonding. That's only
4 your issue. It is time for you to make peace and
5 do the right thing.
6 CHAIRMAN SCHMITT: Thank you.
7 Claudia Borecky.
8 MS. BORECKY: Hi. I'm Claudia Borecky.
9 I'm on the Board of the Nassau County Coalition
10 of Civic Associations, an association of civics
11 throughout Nassau County, which was actually
12 formed to address this very issue.
13 The people have a right to know what's
14 going on in the plans. It's been almost three
15 years since you've held your last legislative
16 hearings on the current conditions of the plants.
17 Forget about the privatization, just talk about
18 the current conditions of the plants.
19 We want to hear from Severn Trent from
20 Glen Cove. We want to hear from Dvirka and
21 Bartelucci in Bay Park. We want to hear from
22 Cameron Engineering in Cedar Creek. And we want
23 to hear from DPW on the current status of capital
24 improvements that have been done in the past five
25 years and what improvements are scheduled to be
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2 done in the future. And, of course, we want a
3 chance to learn more about the privatization of
4 our sewage treatment plants.
5 This country was built on the notion that
6 people have a right to participate in government.
7 It is just un-American to deny individuals their
8 right to know about this historic decision that
9 will affect us for the rest of our lives.
10 Refusing to hold hearings now means to us that
11 you don’t trust for us to know about what is
12 being done in this county and it makes us feel
13 that you are hiding things. Why wouldn't you
14 want to let us know how the plans are being run?
15 People don't trust Nassau County Government,
16 especially when they won't give any hearings.
17 Democracy cannot function without the
18 trust of the people. We have a right to voice
19 our concerns about a decision that will affect
20 the way we pay for our sewage for the rest of our
21 lives. The county chose the operator. The
22 county is looking at investors. And it could
23 very well happen that at the next legislative
24 session you will be voting on this issue. One
25 hearing on the date of the vote is not enough.
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2 We need hearings now.
3 Now, Beverly has passed out some letters.
4 I understand the process for asking for a hearing
5 is for the legislator to write a letter to the
6 presiding officer and request one. Is that
7 correct, Legislator Schmitt?
8 CHAIRMAN SCHMITT: No. I never heard
9 that before.
10 MS. BORRECKY: How does a legislator ask
11 for a hearing? What's the process?
12 CHAIRMAN SCHMITT: How does a legislator
13 ask for a hearing?
14 MS. BORRECKY: Yes.
15 LEGISLATOR WINK: First, you enroll as a
16 republican and then you get to ask.
17 CHAIRMAN SCHMITT: I'm not going to
18 engage. I'm not going to engage in nonsense.
19 LEGISLATOR WINK: Mr. Schmitt. Mr.
20 Schmitt, honest to God, you have not called any
21 items the democrats have proposed to be put on
22 the calendar, so let's be clear about this, okay.
23 Let's be clear.
24 CHAIRMAN SCHMITT: Wait a minute. I
25 have dimness recesses of my mind, I have memory
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2 of ten years of democrats refusing to put
3 anything that republicans put into the hopper.
4 LEGISLATOR DENENBERG: That's simply not
5 true.
6 MS. BORRECKY: I recall a different time.
7 I recall four legislative hearings every year on
8 the conditions of the plant, that's my
9 recollection. How many have you held?
10 Legislator Ford --
11 CLERK MULLER: Excuse me. We're at four
12 minutes, and that also discounts for the diatribe
13 with the legislators.
14 MS. BORRECKY: Well, Legislator Ford,
15 you had promised us on the record, in public,
16 that you would hold hearings in the spring; there
17 aren't any. I really believe that you must
18 believe that people have the right to know what's
19 happening in our plans. I can't believe that the
20 --
21 CHAIRMAN SCHMITT: Claudia, nobody is
22 disputing that the public has a right to know
23 what's going on in the plants. Nobody's talking
24 about that at all.
25 MS. BORRECKY: Then why not have
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2 hearings?
3 CHAIRMAN SCHMITT: What we're talking
4 about is there is negotiations between the county
5 executive and various entities out there to try
6 to come up with a proposal -- they may not even
7 get that far, they may fail. To try and come up
8 with a proposal to send to the legislature and
9 the public on how to deal with the crisis in the
10 sewage treatment plants. Then that proposal will
11 have hearings, will be aired, and will be vetted.
12 But I'm not going to engage in mud throwing and
13 rumors. It's going to ruin Reynold's Channel.
14 We don’t have any idea what it is until we get
15 the proposal.
16 I understand the agitation that's going
17 on --
18 MS. BORRECKY: Obviously, you haven't
19 been to any of our presentations because we never
20 make those claims.
21 LEGISLATOR DENENBERG: You know what?
22 Mr. Schmitt, for the second time I put in a
23 letter to have a hearing on the current
24 conditions and the operations of the plant and
25 the capital projects because they are woefully
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2 behind.
3 LEGISLATOR KOPEL: The arsonist is
4 actually blaming the fireman? You're the one who
5 was in charge for how long?
6 LEGISLATOR DENENBERG: You haven't
7 learned the process so far?
8 LEGISLATOR KOPEL: How long did you head
9 up the committee, public works?
10 LEGISLATOR DENENBERG: Legislators don't
11 run the plants, okay. Legislators never run the
12 plants. When the --
13 LEGISLATOR KOPEL: How long were you
14 head of public works?
15 LEGISLATOR DENENBERG: democrats were in
16 the majority, in the last two years we came on a
17 capital improvement plan for $700 million worth
18 of improvements in the plants. Under your watch,
19 less than 70 million has taken place.
20 LEGISLATOR KOPEL: Why are the plants in
21 a total state of collapse?
22 LEGISLATOR DENENBERG: Don't call me an
23 arsonist. The last time that --
24 LEGISLATOR KOPEL: The plan that you
25 left --
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2 LEGISLATOR DENENBERG: we had regular
3 meetings about the plant is when I chaired public
4 works.
5 LEGISLATOR KOPEL: the plant ended up in
6 a total state of collapse under your watch.
7 LEGISLATOR DENENBERG: You want to be
8 offensive, Legislator Kopel? It's in your
9 district. You were elected to fix the plants,
10 not to sell them.
11 LEGISLATOR KOPEL: We're fixing the mess
12 that you made.
13 LEGISLATOR DENENBERG: To fix them. I
14 didn't make any mess, Legislator Kopel.
15 LEGISLATOR KOPEL: The mess that you
16 made under your watch.
17 LEGISLATOR DENENBERG: We had a plan and
18 the plants --
19 CHAIRMAN SCHMITT: Hold on. Hold on.
20 LEGISLATOR DENENBERG: were operated ten
21 times better. You want to hide it by not having
22 a hearing, that's what you're doing.
23 LEGISLATOR KOPEL: The reason I was
24 elected was because the plant was falling apart
25 because you neglected it.
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2 LEGISLATOR DENENBERG: Now you're
3 selling it, right? Now you're giving it away. A
4 county bailout on sewer ratepayers.
5 LEGISLATOR KOPEL: Again, you have no
6 credibility at all. You ruined it.
7 CHAIRMAN SCHMITT: Mr. Denenberg, you
8 demonstrate exactly what I was talking about to
9 Ms. Borrecky.
10 LEGISLATOR DENENBERG: Don't fix it;
11 give it away.
12 MS. BORRECKY: This epitomizes the need
13 for hearings.
14 CHAIRMAN SCHMITT: You make unfounded
15 accusations --
16 MS. BORRECKY: If nothing else, this
17 epitomizes the need for hearings.
18 CHAIRMAN SCHMITT: Excuse me. Excuse
19 me, down there. You make unfounded allegations;
20 you're giving it away. Where is your proof?
21 Where is the item? Where is the contract? Where
22 does it say that? It's just your opinion.
23 LEGISLATOR DENENBERG: Where's the
24 hearing --
25 MS. BORRECKY: Excuse me. You voted to
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2 do this.
3 LEGISLATOR DENENBERG: on the current
4 conditions of the plant. Legislator Kopel wants
5 to tell everyone that they're fixed.
6 CHAIRMAN SCHMITT: I knew Legislator
7 Denenberg could not get through -- could not --
8 LEGISLATOR DENENBERG: And then the
9 county executive says they're broken beyond
10 fixing so give them away.
11 CHAIRMAN SCHMITT: get through a
12 statement without the word I in it. I knew it.
13 LEGISLATOR DENENBERG: Let's do a
14 hearing on the current conditions.
15 MS. BORRECKY: The fact is that the
16 legislative majority has included the
17 privatization --
18 CHAIRMAN SCHMITT: There are too many
19 people speaking here, ma'am.
20 MS. BORRECKY: of our sewer treatment
21 plant and they voted on it already as a means of
22 fixing the budget.
23 CHAIRMAN SCHMITT: Your time us up.
24 MS. BORRECKY: That is more than any
25 other administration has ever gone that far --
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2 CHAIRMAN SCHMITT: We're going to end
3 right now unless she steps away.
4 MS. BORRECKY: and we have not a hearing
5 yet.
6 CHAIRMAN SCHMITT: She's got to finish.
7 Her time is up.
8 MS. BORRECKY: I'm asking for you to
9 take those letters, each of you, sign them, give
10 it to Peter Schmitt and --
11 CHAIRMAN SCHMITT: That's not the way it
12 works.
13 MS. BORRECKY: Why? I haven't it seen
14 it written that that is the way it has to work.
15 Where is it written that that is the way it has
16 to work? Why not make an exception? The people
17 want hearings.
18 CHAIRMAN SCHMITT: Why don't you just
19 make it up as you go along? What the heck? Why
20 don't you come up here and --
21 MS. BORRECKY: You seem to be doing
22 that.
23 CHAIRMAN SCHMITT: just take a seat and
24 we can have 20 of us up here yelling at each
25 other. This is ridiculous. What are you kidding
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2 me? You stand there and tell us --
3 MS. BORRECKY: Why not have a hearing
4 and have the experts here so we can question them
5 instead of arguing back and forth.
6 CHAIRMAN SCHMITT: All things in the
7 fullness of time. Okay.
8 MS. BORRECKY: We want them now and not
9 on the day of the hearing.
10 CHAIRMAN SCHMITT: I would like some
11 things now too that don't happen.
12 MS. BORRECKY: Oh. By the way, I saw
13 another Morgan Stanley contract in this document.
14 How many Morgan Stanley contracts are there for
15 $24,900?
16 CHAIRMAN SCHMITT: We wouldn't know.
17 MS. BORRECKY: Isn't there something
18 strange about that? Every time I come to the
19 legislature there's a Morgan Stanley contract in
20 this form.
21 CHAIRMAN SCHMITT: So you're costing us
22 money by coming to the legislature every week.
23 MS. BORRECKY: No. I'm saying how many
24 Morgan Stanley contracts are there? Maybe ten?
25 Maybe that's how they're getting their money.
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2 What is this?
3 CHAIRMAN SCHMITT: Please.
4 Sandra D. Arcangi (phonetic)
5 VOICES: Left.
6 CHAIRMAN SCHMITT: Patrick Nicolosi;
7 he's running for something.
8 LEGISLATOR DENENBERG: That's offensive.
9 Why do you say that?
10 CHAIRMAN SCHMITT: David, you're
11 offensive. Let's move on.
12 LEGISLATOR DENENBERG: That's great.
13 That's great.
14 MR. NICOLOSI: Good evening. I've been
15 here since one o'clock. And thank you.
16 This is a sad show of government. Now I
17 understand why Mr. Becker wants to run for
18 Congress, because he fits right in with the same
19 garbage that's in Washington.
20 Don't you think it's better that we work
21 together, for crying out loud. Our youth are
22 leaving Nassau County. I just got back from a
23 trip where I left Nassau County with my family.
24 We traveled through the City and found all the
25 cranes and work that's going on in the City, and
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2 then we left other counties in Pennsylvania and
3 amazingly saw the transformation of Lancaster
4 County and how many jobs were created. And as my
5 children come back, my grown children -- a
6 doctor, attorney, and a woman with a doctorate
7 came back with their husbands, they said, you
8 know what Dad? It's time to sell the houses.
9 Nassau County is a disaster. We're not doing
10 anything.
11 I argued with my son for years, who was
12 living out in California, to come back to Nassau
13 County, and he left during the worst snowstorm to
14 come back here. He set up practice here. He
15 says, you know what Dad? I don’t know why I came
16 back here because where I lived in Walnut Creek,
17 California, we had everything there. Even though
18 California's in bad shape, he says my property
19 taxes were capped and I was making a great
20 living. I know you wanted me back home with my
21 wife. There's no future here in Nassau County.
22 I'm amazed.
23 And I'm here to talk about the police
24 department for a moment. When those crime
25 statistics came out and I fought against
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2 consolidation, even though I'm for consolidation,
3 I said that Giuliani did the best consolidation
4 of the police department in New York State --
5 because I worked in the City in the 70's, 80's,
6 and 90's, and his consolidation plan made the
7 police department in New York City stronger and
8 bigger. That's what consolidation does, great
9 efficiencies but you also don't hurt services and
10 he didn't do that in the City. In fact, he made
11 the place safer, and then Blumberg came on and
12 continued, and the City is thriving. I feel
13 sorry for what's going to happen after the next
14 election to the City. But they've had two great
15 mayors. We have no leadership in this County.
16 We need a consolidation plan and we need a growth
17 plan.
18 Now, I'm amazed at this body of
19 legislators. When you saw those numbers come out
20 -- and especially you, Mr. Schmitt, who was
21 critical of the police department -- that you
22 didn't raise, let's have a questioning of those
23 crime statistics in Elmont, the Fifth Precinct
24 and the Sixth Precinct, and you just let it slide
25 under the table.
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2 Now, I did the police academy with Norma
3 Gonsalves --
4 CHAIRMAN SCHMITT: That's not going to
5 stand unanswered because it's not true, let it
6 slide under the table.
7 MR. NICOLOSI: I didn't see any
8 questionings. I didn't see --
9 CHAIRMAN SCHMITT: Not all the time do
10 you have to have a show and a grandstanding
11 operation --
12 MR. NICOLOSI: I'm not grandstanding.
13 CHAIRMAN SCHMITT: I’m not talking about
14 you. And run to the press. It doesn't have to
15 work that way all the time. When that came out
16 about those statistics, Commissioner Dale took
17 matters in hand and went in and did exactly what
18 a commissioner is supposed to do; he started an
19 investigation. You think I'm going to plop
20 myself down in the middle of an investigation?
21 Not me. I want them to find out the extent of
22 it.
23 MR. NICOLOSI: You were very critical of
24 the police department and in Newsday reports you
25 were very critical about the police department.
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2 You said I would do this, I would do that.
3 CHAIRMAN SCHMITT: As uncomfortable as I
4 am being in agreement with a Newsday editorial,
5 they said it today, the efforts by the minority
6 to politicize this issue is grandstanding.
7 MR. NICOLOSI: I don't want to
8 politicize it. These issues concern my community
9 and crime statistics.
10 Now, back in 2007, when Police
11 Commissioner Lawrence was there, he had
12 instituted a civilian police academy that myself
13 and Norma Gonsalves was sitting on. In that
14 class we had raised questions of underreporting
15 when Mulvey came on, of underreporting crime
16 statistics. In fact, I had brought that up to
17 Commissioner Mulvey, right after Lawrence, who
18 did a phenomenal job, I asked Mulvey is your
19 police department underreporting and he said to
20 me, absolutely not. Then all of a sudden, just
21 recently, my allegations come forward.
22 I find this amazing that no one wants to
23 question these crime statistics at all. I don't
24 think it's just there. I think it was all
25 throughout Nassau County that these crime statics
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2 -- and I'll tell you why. I've lived here since
3 1967. My family moved out here in the 60's. And
4 let me tell you something. This isn't the safest
5 county in the United States. Crime has gone up
6 in every community. In West Hempstead, where Mr.
7 Muscarella now lives because he left Elmont
8 because crime was increasing --
9 CLERK MULLER: Your three minutes have
10 expired, sir.
11 MR. NICOLOSI: Okay. Now crime is
12 happening in West Hempstead. Crime is happening
13 all over this county. So we are not the safety
14 county.
15 CHAIRMAN SCHMITT: So you're saying Mr.
16 Muscarella brings crime to West Hempstead.
17 MR. NICOLOSI: I didn't say he brought.
18 I said he left Elmont. His family lived in
19 Elmont many years.
20 CHAIRMAN SCHMITT: You said he went to
21 West Hempstead and now crime is increasing.
22 MR. NICOLOSI: Most people move to other
23 areas because they want safer conditions for
24 their family, just like my family moved out to
25 Nassau County.
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2 What I'm asking for is we need an
3 investigation on these crime statics.
4 You know, Mrs. Ford, you ask a lot of
5 questions. You should have asked before we did
6 the consolidation. Because what we did was not a
7 consolidation, it was a desecration of the police
8 department.
9 9-1-1 calls are not being answered.
10 We're being put on hold now. Where do I get
11 that? Call 9-1-1 up and see if you get an
12 operator when they're busy. I've called several
13 times. So find this out. Where am I getting
14 this? Crime is up. And what we did was not
15 consolidation, it was desecration.
16 CHAIRMAN SCHMITT: Mr. Nicolosi, thank
17 you. Legislator Solages has a question for you.
18 LEGISLATOR SOLAGES: Mr. Nicolosi, thank
19 you very much for coming here today. I truly
20 enjoy hearing your comments and I've learned a
21 lot from you.
22 As a legislator, I have also called for a
23 hearing into this matter. Obviously, they have
24 denied that request. What can we do besides that
25 to help keep the public attention on this issue?
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2 MR. NICOLOSI: I don’t have a clue. I'm
3 not elected to this -- I am very frightened is
4 that what we are doing here is that we did
5 desecrate the police department, obviously.
6 Crime has gone up. 9-1-1 calls, we're being put
7 on hold right now. I can tell you that right
8 now. Call 9-1-1 when there's high crime or high
9 things going on, you will be put on hold. I've
10 been put on hold. This is a fact. I don’t know
11 how we fix this situation.
12 I believe in consolidation. I think we
13 should consolidate government. We don't need a
14 town government and county government. But what
15 we're doing here, we just keep continuing -- now
16 we're raising questions about the jail.
17 CHAIRMAN SCHMITT: Mr. Nicolosi --
18 MR. NICOLOSI: people are committing
19 suicide. I don't know.
20 CHAIRMAN SCHMITT: Mr. Nicolosi, you're
21 just rattling off things.
22 MR. NICOLOSI: These are all facts.
23 CHAIRMAN SCHMITT: You don't consolidate
24 county and town. We can't do that.
25 MR. NICOLOSI: What's that? What's
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2 that? I didn't hear.
3 CHAIRMAN SCHMITT: You don't consolidate
4 county and town, we can't do that.
5 MR. NICOLOSI: Other counties have done
6 that in other states.
7 CHAIRMAN SCHMITT: That's other states.
8 MR. NICOLOSI: You consolidated the
9 police department and that was no problem, right?
10 CHAIRMAN SCHMITT: They operate under a
11 different set of systems than we do.
12 MR. NICOLOSI: No. In Maine and
13 Virginia they operate in the same system.
14 CHAIRMAN SCHMITT: You're running around
15 calling 9-1-1.
16 MR. NICOLOSI: They were collapsing.
17 CHAIRMAN SCHMITT: What were you
18 reporting when you were calling 9-1-1?
19 MR. NICOLOSI: Call 9-1-1 when crime is
20 high in my community, okay. You will be put on
21 hold.
22 CHAIRMAN SCHMITT: What were you
23 reporting?
24 MR. NICOLOSI: Crime. The last two
25 Sundays in a row, so you understand, I've called
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2 for noise problems, okay.
3 CHAIRMAN SCHMITT: Do you call 9-1-1 if
4 you have a problem at McDonald's?
5 MR. NICOLOSI: Mr. Muscarella, who do
6 you call on a Sunday when people are blasting
7 music? Who do you call, the Town of Hempstead?
8 You answer me, Mr. Muscarella. Who do you call
9 when people are blasting music so loud that they
10 are blowing you out of your home?
11 CHAIRMAN SCHMITT: Call your councilman.
12 MR. NICOLOSI: Excuse me?
13 LEGISLATOR MUSCARELLA: I wouldn't call
14 9-1-1. I would call the precinct.
15 MR. NICOLOSI: Hold on. That's where
16 you don't understand. For years the police
17 department has told us do not call the police
18 department, you call 9-1-1 for everything and it
19 gets categorized. So, Mr. Muscarella, you're out
20 of touch. You've been in politics too long. Ask
21 your police department, your sergeants, your
22 leaders, they'll tell you you call 9-1-1 so
23 everything gets documented, that's a fact. A
24 fact, Mr. Muscarella. This is not 1960 no more
25 when you call the police house. You call 9-1-1.
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2 Every legislator up there knows that. You're out
3 of touch, Mr. Muscarella. You call for a cat up
4 a tree, 9-1-1; a fire, 9-1-1; a disturbance, 9-1-
5 1. Everything goes through 9-1-1. That's what's
6 been done in Nassau County.
7 LEGISLATOR SOLAGES: Mr. Nicolosi, in
8 addition to noise ordinances what other crimes
9 have you witnessed or have knowledge of?
10 MR. NICOLOSI: Drug crimes, there's
11 another one I've called 9-1-1. I had to call the
12 sergeant that follow Monday to report drug
13 transactions at a gas station -- as a matter of
14 fact, two gas stations right near my home. I
15 walk every night with my dog and witness drug
16 transactions. There are no police around. You
17 can't catch the guy on the street so you have to
18 call 9-1-1. As you're calling 9-1-1, the
19 operator puts you on hold and says I'll get right
20 back to you. By the time they get back to me,
21 when I'm holding online, the deals are done.
22 No, it wasn't Mr. Muscarella. I called
23 on the noise. The noise wasn't gone. A police
24 officer showed up eleven o'clock that night from
25 three o'clock in the afternoon. Okay. Every
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2 Sunday. I was away this Sunday. My neighbor
3 called me on my cell phone to report to me that
4 the noise is going on again. Call 9-1-1. It's a
5 disturbance that didn't happen in the past in
6 Nassau County, it's happening now.
7 LEGISLATOR SOLAGES: Mr. Nicolosi, thank
8 you very much for sharing that with us. My
9 office will be calling you to follow up and
10 investigate on these claims.
11 MR. NICOLOSI: So you know, I did speak
12 to Sergeant Graham. He did start investigations
13 on one Te-Amo Store. That had to be turned over
14 to ATF, I guess. The drugs, he's investigating.
15 In the past we used to have sting operations, and
16 we no longer have them because we no longer have
17 POP officers. But he's well aware of these.
18 He's also well aware of the 9-1-1 calls. I've
19 also been documenting -- but you can check the 9-
20 1-1 calls, I've also been documenting. It's all
21 there. Thank you.
22 MR. SOLAGES: Thank you very much, Mr.
23 Nicolosi.
24 CHAIRMAN SCHMITT: Brian Raplea.
25 (No verbal response.)
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2 Ted Levy.
3 (No verbal response.)
4 Aida Berry.
5 (No verbal response.)
6 Louis Whidel from Teaneck, New Jersey,
7 LaRoche PAC.
8 MR. WHIDEL: How you doing? Good. It's
9 good to be here. I've waited quite a while. But
10 I wanted to put something on the table. I've
11 watched this whole meeting and I've been pretty
12 amazed and shocked, as a whole. I wanted to
13 basically put something very real on the table
14 here. How could I put it?
15 This county is completely and totally
16 bankrupt, like a lot of other counties and cities
17 all over the country. But really what you're
18 looking at is a criminal banking system that is
19 destroying cities, states, and counties. A lot
20 of this comes in with this labor manipulation of
21 the rates. And I know you guys are familiar with
22 this because I understand that Nassau County was
23 built by the investment bankers, what was it, $13
24 million, give or take. They really -- they've
25 been doing this all over the country. So that 13
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2 million, I sit and I reflect, you could fund all
3 of those youth programs that you're cutting, you
4 could fund everything that people were talking
5 about here today. And so it's absolutely
6 criminal activity.
7 I wanted to read something from this,
8 because there is a solution overall to this
9 crisis. This is an article which I'm going to
10 give -- there is a packet that will be
11 circulating to you that I gave to the city
12 attorney. But this is an article that I'm going
13 to make sure that you guys and photocopy it.
14 This is talking about the investment bankers and
15 what they've done to counties. I’m just going to
16 read a paragraph.
17 Well before the handcuffs go on, the
18 United States can stop the crime which is still
19 being committed by reenacting and reinforcing
20 Franklin Roosevelt's Glass Steagal Act, with
21 other nations taking the same action. In the
22 past three weeks, the severity of the LIBOR
23 scandal has catalyzed important British figures
24 and publications to propose a revival of Glass
25 Steagal to the United States.
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2 Glass Steagal bank reorganization will
3 get the large commercial banks off the crime
4 ridden streets of casino securities dealing and
5 will remove those investment banks and securities
6 broker dealers who operate on those streets from
7 all forms of government protection, unless it be
8 protective incarceration.
9 Now, I've been working hard on this
10 issue. Because of our organizing, LaRouche PAC's
11 organizing, we have a bill in Congress, HR-1489,
12 it will restore the Glass Steagal Standard. It's
13 introduced by Marcie Kaptor and it's got 78 co-
14 sponsors.
15 I've been working in New Jersey to get
16 resolutions through through county governments
17 and city governments in support of this bill
18 because I think that the only way that we're
19 going to get the Congress to move -- and, believe
20 me, Congress is much worse than you guys -- we've
21 got to actually get local elected officials to
22 put the necessary pressure on and the citizens
23 have to do it too. Glass Steagal is the first
24 step.
25 What I also have here that I want you
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2 guys to get in photocopied form is a full
3 platform for a total and complete economic
4 recovery for the United States. What does it
5 involve? Going back to the principles of
6 Franklin Roosevelt and John F. Kennedy.
7 CLERK MULLER: Your three minutes have
8 expired, sir.
9 MR. WHIDEL: I'll wrap up by just saying
10 this.
11 Public credit system, national banking,
12 we have to invest in the future, in terms of the
13 building of infrastructure. We've got a Kennedy
14 era project that we outline in this called NOWAPA
15 (phonetic), which remove will move water from
16 Alaska to the southern parts of the country, and
17 will employee six million people in high skilled,
18 highly productive jobs. The solution is here.
19 In your packet you have resolutions that
20 push for this Glass Steagal, including Hudson
21 County Board of Freeholders. I have three more
22 Freeholder resolutions -- this is Jersey -- as
23 well as Jersey City and a complete run down of
24 the legislative support that this thing has.
25 I come offering a broader solution.
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2 We've got to fight because you're not going to
3 solve this at the local level.
4 Thank you.
5 And I'd like to, if possible, talk to
6 people here. I've waited for a long time. I'd
7 love to talk to legislators to get something like
8 this on the agenda in Nassau County.
9 CHAIRMAN SCHMITT: You can't get
10 something like that on the agenda in Nassau
11 County. The rules of the legislature do not
12 permit sense of the legislature resolutions, and
13 that's what it is.
14 MR. WHIDEL: I understand that. Those
15 rules ought to change in a crisis like this.
16 CHAIRMAN SCHMITT: The what?
17 MR. WHIDEL: In a crisis like the one
18 we're in, the rules ought to change along those
19 lines. And if you guys can't do that, then you
20 sure definitely could call your legislators
21 directly, write letters. Fight on this thing.
22 You're going to lose this county. We're going to
23 lose this country and it's going to be hell
24 coming up. So that's my message.
25 Thank you.
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2 CHAIRMAN SCHMITT: Thank you.
3 That concludes public comment.
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C E R T I F I C A T E
I, FRANK GRAY, a Shorthand Reporter and
Notary Public in and for the State of New York, do hereby state:
THAT I attended at the time and place above mentioned and took stenographic record of the proceedings in the above-entitled matter;
THAT the foregoing transcript is a true and accurate transcript of the same and the whole thereof, according to the best of my ability and belief.
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of August, 2012.
______
FRANK GRAY
REGAL REPORTING SERVICES 516-747-7353
NASSAU COUNTY LEGISLATURE
PETER J. SCHMITT, PRESIDING OFFICER
RULES COMMITTEE
PETER J. SCHMITT, CHAIRMAN
1550 Franklin Avenue Mineola, New York
August 6, 2012 1:20 p.m.
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A P P E A R A N C E S:
PETER J. SCHMITT Chair
HOWARD KOPEL
DENNIS DUNNE (Not Present)
RICHARD NICOLELLO (Sitting in for Dennis Dunne)
ROSE MARIE WALKER
KEVAN ABRAHAMS Ranking
JUDI BOSWORTH
WAYNE WINK
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LIST OF SPEAKERS
ROB WALKER...... 6
FRANK INTAGLIATA...... 8
KEVIN WALSH ...... 18
CARNELL FOSKEY......
BOB MCMANUS ...... 73
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1 Rules Committee – 8 -6-12 4
2 CHAIRMAN SCHMITT: All members please
3 take their seats. We're having a microphone
4 problem that they're working on. But in the
5 interim, we're going to move forward.
6 I'd ask everybody to please rise for the
7 Pledge of Allegiance, led by Legislator Joe
8 Belesi.
9 (Whereupon, the Pledge of Allegiance was
10 recited.)
11 CHAIRMAN SCHMITT: Mr. Clerk, would you
12 call the role of the Rules, please?
13 CLERK MULLER: Yes, sir.
14 Legislator Wink?
15 LEGISLATOR WINK: Here.
16 CLERK MULLER: Legislator Jacobs?
17 (No verbal response.)
18 Do you have a substitute? Legislator
19 Bosworth, substituting for Legislator Jacobs?
20 LEGISLATOR BOSWORTH: Here.
21 CLERK MULLER: Ranking Member Abrahams?
22 LEGISLATOR ABRAHAMS: Here.
23 CLERK MULLER: Legislator Walker?
24 LEGISLATOR WALKER: Here.
25 CLERK MULLER: Legislator Nicolello,
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1 Rules Committee – 8 -6-12 5
2 substituting for Legislator Dunne?
3 LEGISLATOR NICOLELLO: Here.
4 CLERK MULLER: Vice Chairman Kopel?
5 LEGISLATOR KOPEL: Here.
6 CLERK MULLER: Chairman Schmitt?
7 CHAIRMAN SCHMITT: Here.
8 CLERK MULLER: We have a quorum.
9 CHAIRMAN SCHMITT: Okay. Rules
10 Committee is in session.
11 I'll take a motion to suspend the rules,
12 please.
13 LEGISLATOR WALKER: So moved.
14 LEGISLATOR KOPEL: Second.
15 CHAIRMAN SCHMITT: Moved by Legislator
16 Walker, seconded by Legislator Kopel.
17 All those in favor of suspending the
18 rules please say aye.
19 (Aye.)
20 Any opposed?
21 (No verbal response.)
22 The rules are suspended.
23 I’m going to call E-176, which is a
24 contract between the Department of Parks and
25 Nassau Sports Events, LLC.
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1 Rules Committee – 8 -6-12 6
2 May I have a motion, please?
3 LEGISLATOR WALKER: So moved.
4 LEGISLATOR NICOLELLO: Second.
5 CHAIRMAN SCHMITT: Moved by Legislator
6 Walker, seconded by Legislator Nicolello.
7 The item is in front of us.
8 Who is here to speak on this item? Chief
9 Deputy County Executive Rob Walker.
10 CHIEF DEPUTY COUNTY EXECUTIVE WALKER:
11 Good afternoon. I will try to be very, very
12 brief, and then Frank Intagliata will step
13 forward and give a very quick slideshow.
14 Going back probably about three months,
15 six months ago now, the county executive put
16 forward to the public an RFP by which we decided
17 to start looking at ways that we can approve upon
18 the HUB. One thing is certain, as the county
19 continues to reduce spending and reduce the
20 dollars, it's very important that we continue to
21 look at ways to enter into public/private
22 partnerships by which we can provide the
23 residents of Nassau County with great flexibility
24 and other opportunities, at the same time doing
25 what's most important, which is expanding upon
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2 the tax base, expanding tax revenue and sales tax
3 revenue, the use and the need for hotel stays --
4 no air conditioner, no dollars, saves money. But
5 as we continue to look for ways, again, to expand
6 upon the tax base, expand opportunities for our
7 residents and to better utilities our facilities,
8 the RFP was submitted again looking for a private
9 investor that would entail zero dollars, zero tax
10 dollars to be spent on building and indoor sports
11 and exposition facility.
12 As anyone that may visit the Nassau
13 Coliseum, obviously the conditions of the
14 Coliseum, just being the above it is, over 40
15 years old, the Expo Center or the facility that's
16 used for an Expo Center really is not conducive
17 to holding events anymore. And if you look at
18 the pillars that are in place, you cannot get
19 bigger shows just because of the lack of
20 maneuverability and such that Nassau County is
21 losing several millions of dollars on people that
22 are traveling to other states or to just across
23 the county lines to Suffolk or to New York City
24 to actually host events or bring people here. So
25 this sports and recreation exposition facility
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2 will actually dovetail the need to see this
3 happen and, more importantly, again, providing
4 opportunities, jobs, and things of that nature.
5 At this point, I would like Frank
6 Intagliata to come up, and he will run you
7 through this short presentation and then will
8 answer some questions.
9 MR. INTAGLIATA: Good afternoon. I'm
10 Frank Intagliata, acting director of Purchasing.
11 This project, as Rob stated, was brought
12 about by need. There were two responders to this
13 program. Can everybody hear me? Okay. We had a
14 five panel board that was established --
15 Commissioner Shah, Commissioner Foskey, Rich
16 Mallet, and Brian Nugent, Director of Constituent
17 Affairs, and myself. The county executive asked
18 me to spearhead the project, based on a
19 background in sports and entertainment. Also, I
20 was a very active participant and a former All
21 American baseball player. And I've been with the
22 department for 18 years in the capacity -- are we
23 back?
24 Okay. So this is a 100 percent privately
25 funded program. The company is Nassau Sports,
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2 LLC. They will be the operator. They will be
3 granted the use permit. If we turn the slide,
4 we'll get an overview of where it actually will
5 be built. It's in that upper right coordinate.
6 And that field was formerly a baseball field that
7 rec and parks earned probably less than $7,000
8 annually for use. The field has basically been -
9 - I hate to say rundown. It's been kept up to
10 the best of their ability. It's a lit field; the
11 lights are antiquated and no longer actually can
12 provide us with night revenue there. So the
13 business will be outlayed over that field, with
14 the potential of a dome going over the second
15 field, provided their start is according to what
16 their business plan says it will be.
17 As Rob covered, the projected estimate is
18 going to be $35 million, over the next five year,
19 generation of income, and that’s the economic
20 impact to the area. He will be subject to
21 providing a use permit that works in conjunction
22 with the Department of Rec and Parks. Because
23 this was a parkland, we had to go before the
24 various committees of OSPAC and then Planning and
25 we had to meet the SEQRA resolution, which was
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2 attached for your review. The SEQRA said there
3 was no significant or adverse impact to the
4 environment, which allowed him to go forward.
5 He has hired -- a little bit about the
6 businessman himself.
7 He's a local businessman from Garden
8 City. He's a Notre Dame graduate and former All
9 American lacrosse player who is going to invest
10 over $3.5 million of his own money in our
11 county's park program. The total project cost
12 would be in excess of 10 to $11 million. So he
13 has a large stake in this. Go to the next slide.
14 It's a little bit about the center again.
15 We talked a little bit about the economic impact.
16 We talked about the expansion of what our program
17 will do. It might be out of order. Go to the
18 next one, which is the sports facilities advisor.
19 The next slide.
20 I want to talk to you about sports
21 facility advisory, SFA, who is his business
22 partner in this.
23 This program is a nationally recognized
24 full service sports facility planning and
25 management company. Through our business and
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2 planning, they have many management services.
3 But they have served the portfolio of projects
4 totally more than $2 billion in planned and
5 operational facilities. The FSA is going to be
6 called on to assist sports tourism, destination,
7 private developers, parks and recreations, and
8 work within our parks and recreational
9 department.
10 Commissioner Foskey put together and
11 elaborate parks facility schedule that marries
12 into the facility and gives us exclusive use of
13 over one-third of the facility, and there's an
14 attached schedule for your review.
15 If we go to the facility itself, we know
16 it's going to be 105,000 square foot;
17 approximately 60,000 square foot of synthetic
18 turf playing fields. We're going to bring in the
19 aspect of multi-sport, along with a climbing
20 wall. It is going to be a facility that's state
21 of the art. We are going to offer youth groups
22 and corporate groups alike, flexible meeting
23 space. It's going to host birthday parties. And
24 we're going to have a large volume of people
25 attending this.
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2 Job creation. Economic impact, went
3 through that. Job creation.
4 Although we say unemployment continues to
5 be a staggering stat in many parts of the county.
6 Nassau Sports will create a multitude of full-
7 time, part-time, and per diem employment
8 opportunities. By hosting a large assortment of
9 classes, programs, and events, the facilities is
10 poised to create nearly 50 full-time jobs, with
11 hundreds of part-time employment opportunities.
12 Go to enhancement of Mitchel Park
13 Athletic Complex.
14 Some of the highlights on this have
15 already been stated. But we're going to be able
16 to host year-round events. The facility will
17 generate a large number of hotel room nights and
18 increase local retails and commerce. Nassau
19 Sports and Events will generate a large number of
20 full and part-time jobs, as previously stated.
21 And by creating a hub of recreation activities
22 and events, Nassau Sports and Events will
23 increase public use of Mitchel Park and Athletic
24 Complex.
25 Now, just going back a little bit, when
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2 you looked at the package. It's interesting
3 enough that the original deed in 1968, for the
4 land, when the county went out and secured
5 Mitchel Park suggested that the facility be used
6 for this exact type of a program. They thought
7 that we were in desperate need of that. So it's
8 going to fulfill that obligation. In addition,
9 we are going to receive revenue from the
10 licensing agreement. The revenue will be, in the
11 first five years, a million one-twenty-five, and
12 the initial base fee will be after the first
13 year's completion, it will be $250,000. It will
14 be some aggregate of over $8.5 million throughout
15 the 30 year term.
16 At this point, I will turn it over to you
17 for questions.
18 CHAIRMAN SCHMITT: There's just been a
19 request that you repeat those last numbers again.
20 MR. INTAGLIATA: The licensing revenue?
21 CHAIRMAN SCHMITT: Yes.
22 MR. INTAGLIATA: It will be 1.125 after
23 the first five years. We're going to give them
24 an opportunity to built the project. And then at
25 the commencement of one year, collect $250,000,
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2 and thereon over the next four years.
3 It is estimated, through the upgrade in
4 the contract, that they will pay over $8 million
5 after the 30 year term is complete. I shouldn't
6 say estimated, it's in the contract. But I don't
7 want to be quoted to an exact number. I know
8 it's eight million and change.
9 CHAIRMAN SCHMITT: That's it?
10 MR. INTAGLIATA: That's all I have on
11 this presentation.
12 CHAIRMAN SCHMITT: Is there anybody else
13 going to speak on this before we go into
14 questions?
15 MR. INTAGLIATA: If we have some legal
16 questions, I'll call upon Kevin Walsh. If you
17 have parks, recreation or schedule questions, I
18 believe Carnell is in the building here and he
19 can come forward. Commissioner Foskey, correct.
20 CHAIRMAN SCHMITT: I have a series of
21 questions but I'm not quite sure where to start.
22 This is -- first of all, it looks like a
23 wonderful presentation and something that's
24 sorely needed by the county and it generates
25 revenue and has no cost to the county, which is
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2 all good and understood. Tell me about -- go
3 back to the beginning and tell me who is Nassau
4 Sports LLC. Who is it?
5 MR. INTAGLIATA: Nassau Sports is a
6 newly created company by businessman Mickey Blum.
7 CHAIRMAN SCHMITT: And who are the
8 principals?
9 MR. INTAGLIATA: As far as we know, he
10 is the sole principal of that.
11 CHAIRMAN SCHMITT: We need that --
12 that's not good enough, as far as we know. We
13 have a 17 year history here of requiring
14 financial backgrounds on companies. We need to
15 know who the principals are so that we can
16 ascertain if we're in conflict. For all I know,
17 this guy's got a partnership going on with my
18 brother-in-law. I don't have a brother-in-law.
19 Yes, I do have a brother-in-law. I don’t know.
20 I've got to make sure who is the company before I
21 vote because I don't want to be in a conflict.
22 Who is Sports Facilities -- whatever the heck it
23 was called -- Sports Facilities Advisories. SFA,
24 who are they?
25 MR. INTAGLIATA: The criteria for the
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2 RFP -- I understand what you're saying, Mr.
3 Schmitt. We'll have to look into that further.
4 But it is a private businessman who went forward
5 in an LLC and is going to pledge the money to do
6 this program and hire the necessary people behind
7 him.
8 CHAIRMAN SCHMITT: But who is he? Who
9 is the company? Is he here?
10 MR. INTAGLIATA: I don't know if Mickey
11 is in the building. He could go and explain a
12 little bit further about who backed him. But I
13 believe it's his money. That's all I know.
14 CHAIRMAN SCHMITT: What's his name?
15 MR. INTAGLIATA: Mickey Blum.
16 CHAIRMAN SCHMITT: Mickey Blum. Michael
17 Blum. See, now I don't know if he is the sole --
18 if he is Sports Facilities Advisory or if he's
19 got a board of directors, he's got partners,
20 whatever he's got.
21 MR. INTAGLIATA: The Sports Facility
22 Advisory is definitely his advisory company that
23 he is going to hire to run the facility and do
24 the startup of scheduling and advise him about
25 the business that he's partaking in.
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2 CHAIRMAN SCHMITT: So he's not --
3 MR. INTAGLIATA: He is still Nassau
4 Sports.
5 CHAIRMAN SCHMITT: I got ya.
6 MR. INTAGLIATA: Right. He's not SFA.
7 SFA's wherewithal is established on over $2
8 billion in projects.
9 CHAIRMAN SCHMITT: We need their -- we
10 get it from Exxon. We get it from anybody we do
11 business with. We need the backup -- not the
12 backup -- the disclosures. We need the
13 disclosure in principals and -- so we need those
14 two things. We need the disclosures of Nassau
15 Sports LLC and the disclosure of Sports
16 Facilities Advisory.
17 Now talk to me about the financing. I
18 understand that he has pledged or we're being
19 told that he's pledged $3.5 million of his own
20 money. That means he must have a lot of money,
21 that's good. That thing is going to cost 11
22 million. Where is the other money coming from?
23 MR. INTAGLIATA: He has a private lender
24 and/or public lender. But he has the problem
25 that we all have here, that it has to go first
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2 before your board to give him the wherewithal to
3 go forward and get his end financing. I'm not
4 certain if he's going to finance the entire
5 project himself or does have a lender. That's
6 where we are to date on this issue.
7 CHAIRMAN SCHMITT: Is there anything in
8 this contract that prohibits him from flipping or
9 selling?
10 MR. INTAGLIATA: Yes. Every assignment
11 that he wants to go through all comes through us.
12 He does not -- he is not allowed to assign --
13 CHAIRMAN SCHMITT: Who is us?
14 MR. INTAGLIATA: Maybe Kevin Walsh can
15 add a little bit better information.
16 MR. WALSH: Yes. Good afternoon. Kevin
17 Walsh, Deputy County Attorney.
18 There is a provision in the contract that
19 does contemplate financing. We don't know who
20 the exact lender is. His attorney has been
21 giving us documents the lender is looking at.
22 It's a little unique because since his structure
23 is a license agreement, the way we can do it
24 legally, there's not many models. Usually, a
25 lender's looking for security, like a mortgage,
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2 obviously. In this case, all they're going to
3 get is collateral security. He would get the
4 rights of the permittee. But still, even if a
5 lender, in the worst case scenario, has to step
6 in his shoes, everything is still subject to the
7 terms of this permit agreement -- that was the
8 negotiation, but we really wouldn't give on that.
9 And at the end of the day, any assignment still
10 has to be authorized by the county.
11 CHAIRMAN SCHMITT: Authorized by the
12 who?
13 MR. WALSH: It's actually -- there's an
14 assignment clause. Whatever the approval process
15 is in the county, it has to go through the same
16 approval process.
17 CHAIRMAN SCHMITT: Does it come back to
18 the legislature or not?
19 MR. WALSH: Basically, for a new company
20 -- I guess it depends on the criteria of how it
21 happens. I think usually it's the consent of the
22 county executive for a new, you know, typical
23 assignment clause in our permit agreement is like
24 a major concession agreement. It still would
25 have to come back to the county exec's office.
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2 CHAIRMAN SCHMITT: I don't think that's
3 sufficient. To be quite honest with you, I think
4 that has to be approved by the county executive
5 and then sent to the legislature, which approved
6 the contract in the initial instance. I think
7 that has to be changed, amended, whatever. If
8 there is that kind of situation where this
9 contract vendee, for lack of a better
10 description, is going to change and it's approved
11 by the county executive, it has to come back to
12 this committee to be approved by the legislature.
13 I am also concerned about the rest of
14 this financing.
15 Look. I understand what the project is.
16 I understand what a good thing this is, and I
17 want to vote for it. I understand all of the
18 implications of what it means to the county and
19 what it means to the development of the HUB. But
20 I do not understand, with all due respect, I do
21 not know this Michael Blum. And even if I knew
22 him, and this guy says I'm going to give $3.5
23 million of my own money and I'm going to get the
24 rest of the money and build this thing, sounds
25 great. From where? Do we even know if he has
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2 $3.5 million? Has anybody done a Dunne &
3 Bradstreet on him? Do we have any of that
4 information?
5 Look. I know this is not the case. At
6 least I will assume that it is not the case. But
7 whenever I get something like this, as I told the
8 administration last week when we spoke about it,
9 Mitchel Field leases are paramount of my mind.
10 And I want to know what the safeguards are for
11 the county. I don't want to find out that we
12 got a half built structure out there and who
13 approved that, and it's us.
14 DEPUTY COUNTY EXECUTIVE WALKER:
15 Presiding Officer, just in respect to the
16 financials. We do have -- Mr. Blum is on his way
17 here today.
18 One problem that always -- that these
19 projects do face -- and I agree with you
20 wholeheartedly and that's why this process has
21 taken a rather long and cumbersome time in
22 dealing with the attorneys on both sides, meaning
23 the investor and ours, and conversations had
24 taken place with many of the banks. The banks
25 that we've had conversations through the
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2 attorneys have given the approval, and their
3 approvals were always based upon our approval.
4 So we asked Mr. Blum, upon hearing this, to come
5 here. He's on his way here with some of those
6 financial commitments so you could actually see -
7 - as well, which I think is prudent, and that is
8 coming as we speak.
9 CHAIRMAN SCHMITT: So the bank's
10 commitment to finance the balance of the $11
11 million is based upon the county's prior
12 agreement to the lease?
13 DEPUTY COUNTY EXECUTIVE WALKER: Yes. I
14 guess there are many of these types of facilities
15 that are taking place and a lot of interest
16 amongst many places here in both Nassau and
17 Suffolk, Long Island, and the City. So the banks
18 do not want to lend their approval to a project,
19 which then it becomes sometimes -- they're in a
20 game as well of being able to utilize their money
21 the right way. So some of them do not like to
22 get out there first and say, yes, we are
23 committed to this project fully knowing that
24 possibly the project may not get approved, and
25 now their money is wrapped up and tied up and now
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2 other firms do not come and seek their dollars.
3 They, in fact, then will look elsewhere to other
4 financial institutions. So there is some, you
5 know, concern of the market and of the financial
6 lending institutions. And we've only learned
7 this during this process, that they do not like
8 to be the first ones to speak and get out there
9 ahead of the game to only possibly have their
10 project fall apart, and now some other investor
11 has gone to another financial institution,
12 received their dollars, they're in the ground,
13 they're up and running, and now they're out of an
14 opportunity.
15 CHAIRMAN SCHMITT: I understand that.
16 But there has to be a way to give the assurances,
17 I think, speaking for myself. There has to be a
18 way to give the assurances to the members of this
19 committee that it's real. I don't know. I'm
20 just going to make it up. CitiBank is the bank.
21 If whoever this guy is dealing with that's going
22 to give him $8 million based upon the county
23 agreeing to this lease, ought to maybe come here
24 and we go in the back room and he gives us the
25 assurances that when we approve this lease
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2 they're approving the $8 million, something,
3 something. Being asked to vote for this without
4 any guarantees, I guess, that it's going to go
5 forward is really not -- we're kind of hanging
6 out there.
7 DEPUTY COUNTY EXECUTIVE WALKER: The
8 other guarantees that are in place -- because
9 irregardless of the approval today and even the
10 bank's approval. Prior to the construction
11 actually going forth, there are many safeguards
12 that are built into this contract for the very
13 reason as you just described. There are many
14 safeguards that are built into this. First, the
15 surety that needs to be taken. Basically, it's a
16 performance bond.
17 CHAIRMAN SCHMITT: In what amount?
18 DEPUTY COUNTY EXECUTIVE WALKER: The
19 amount of the project. The total amount of
20 construction. So, if all of a sudden we believe
21 it's 11 million, if it comes in at 14 million,
22 the surety has to guarantee the construction of
23 $14 million. So the surety that's put into place
24 which, again, for all basic terms, the
25 performance bond --
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2 CHAIRMAN SCHMITT: But is that part of
3 this contract?
4 DEPUTY COUNTY EXECUTIVE WALKER: Yes.
5 It's under Appendix - Section 18.1 and Exhibit B,
6 and 18.2.
7 CHAIRMAN SCHMITT: The contract is
8 passed, he gets all of his financing, he builds
9 his building, and the thing is up and running,
10 it's publicly owned or privately owned?
11 DEPUTY COUNTY EXECUTIVE WALKER: It's
12 publicly owned.
13 CHAIRMAN SCHMITT: So it's still tax
14 exempt.
15 DEPUTY COUNTY EXECUTIVE WALKER: Yep,
16 still tax exempt. They have a license agreement.
17 As per this contract, they'll have a license
18 agreement. At the end of the license agreement,
19 if it's extended or not extended and if it runs
20 30 years, 31 years, 32 years, it's a property of
21 the county and the county actually takes
22 ownership of the facility. The county at that
23 time can decide if they want an RFP for an
24 operator or run it themselves.
25 CHAIRMAN SCHMITT: Anybody have any
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2 questions over here? Legislator Nicolello.
3 LEGISLATOR NICOLELLO: In terms of the
4 parking, the parking issue, have there been any
5 studies --
6 DEPUTY COUNTY EXECUTIVE WALKER: Yes.
7 LEGISLATOR NICOLELLO: as to how much
8 additional parking is required, and are there
9 plans to add parking?
10 DEPUTY COUNTY EXECUTIVE WALKER: We
11 required the applicant to undergo actually a
12 whole SEQRA process, which was on his or the
13 company's dime. They spent that. That was
14 completed. That was part of the approval process
15 through OSPAC and through the Planning
16 Commission. There is going to be additional
17 parking added. As anyone up -- every one of the
18 legislators know the problem that we do have with
19 Mitchel, the lack of parking. There will
20 actually be a new parking lot and a dedicated
21 parking facility built for the use of this
22 facility.
23 LEGISLATOR NICOLELLO: And there was
24 some sort of coordination between the operation
25 of Mitchel Field and the operation of this
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2 facility so that things don't conflict?
3 DEPUTY COUNTY EXECUTIVE WALKER: Yes.
4 The commissioner of parks has been involved
5 throughout this process. He was actually on the
6 committee and was also involved in the crafting
7 of the contract related to times and use and to
8 visit the actual overall usage of the facility,
9 which we have taken place.
10 LEGISLATOR NICOLELLO: Does Suffolk have
11 any similar facilities?
12 DEPUTY COUNTY EXECUTIVE WALKER: They
13 do. They actually -- at the community college
14 they actually built a tremendous facility with a
15 track and other amenities. There are also some
16 private indoor complexes.
17 LEGISLATOR NICOLELLO: I'd imagine it's
18 going to be tremendous to man for this,
19 especially during the cold weather months.
20 DEPUTY COUNTY EXECUTIVE WALKER: I would
21 agree.
22 LEGISLATOR NICOLELLO: Have we studied
23 any other facilities, in terms of how much
24 revenue they actually produce?
25 DEPUTY COUNTY EXECUTIVE WALKER: We
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2 actually looked -- part of Nassau Sports and
3 Events LLC is they do have a, for lack of better
4 words -- SFA, Sports Facility Advisory, they
5 actually have built, they have over $2 billion
6 worth of assets of building these indoor
7 facilities; every one of them have flourished.
8 Actually, the closest one is in Brooklyn. They
9 also have ones in Jersey. And we've had
10 extensive dialogue with them. Their revenue
11 numbers, their economic analysis is pretty much
12 right on target based upon the uses of those
13 facilities. And the demand that we receive just
14 from people in general that are calling up
15 looking for facilities, even with our turf
16 fields, just to be able to go on them in the
17 winter. If you don't have snow, they just want
18 to play. The demand is enormous.
19 LEGISLATOR NICOLELLO: I was curious as
20 to how you arrived at the numbers the county is
21 going to receive.
22 DEPUTY COUNTY EXECUTIVE WALKER: Based
23 upon how it's worked other places.
24 LEGISLATOR NICOLELLO: That makes sense.
25 This is not clear to me. After five
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2 years, how much is the county getting on an
3 annual basis?
4 MR. INTAGLIATA: It starts after a year
5 of operation, 250,000 with the CPI increase. I
6 think a three percent increase every year in the
7 license fee. In addition, there is a gross
8 receipts schedule that we are requiring, gross
9 receipts of the revenue that they bring in, that
10 must be put back into the facility. It's got to
11 be put into a dedicated fund. It's sort of a
12 reserve fund. I've had an experience with some
13 other projects in the county, different kind of
14 projects, where they don't put into a reserve and
15 all of a sudden they're struggling looking for
16 financing because they haven't put the few
17 dollars away. I think the plan is to put it
18 away, but this kind of gives us a little more of
19 a hammer to make sure that it happens.
20 LEGISLATOR NICOLELLO: So the first year
21 is 125,000, then for the next four years it's
22 250, and then after that it's 250 plus CPI?
23 DEPUTY COUNTY EXECUTIVE WALKER: Yeah.
24 It varies on the years.
25 LEGISLATOR NICOLELLO: Okay.
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2 Is that spelled out in the contract?
3 DEPUTY COUNTY EXECUTIVE WALKER: Yes.
4 It's spelled out in the contract. Gross
5 receipts, percentage fees will be 2.5 for year
6 one through ten, and then escalating years 11
7 through 20 will be 3.5, four percent from 21 to
8 30, 4.0 in 31 and 40 if it's renewed for the
9 additional.
10 LEGISLATOR NICOLELLO: What are those
11 percentages? Is that the money coming back to
12 the county?
13 DEPUTY COUNTY EXECUTIVE WALKER: It's
14 $250,000 --
15 LEGISLATOR NICOLELLO: Right.
16 DEPUTY COUNTY EXECUTIVE WALKER: The
17 fees are $250,000, will be due on the one year
18 anniversary of the term of the commencement date.
19 For each subsequent operating year, the base will
20 be increased by three percent, three percent each
21 year. And then, again, based upon the gross
22 receipts would be roughly -- the first 2.5
23 percent in the first one through 10 years, 3.5
24 percent for years 11 through 20, and then four
25 percent 21 through 30. Then, again, if the
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2 extension is given, it's the four percent.
3 LEGISLATOR NICOLELLO: And those gross
4 receipts come back to the county or they get
5 reinvested into the facility?
6 DEPUTY COUNTY EXECUTIVE WALKER:
7 Reinvested back into the facility. For us, we've
8 all learned the problems that we face with no
9 reinvestment and then all of a sudden have a
10 facility that will be county owned where no
11 repairs are actually coming into it and you're
12 going to be left with something crumbling did not
13 make any sense for us. This requires that money
14 to then be put back into the facility to make
15 sure when the county does take ownership of this,
16 theoretically it owns it from day one, the county
17 can decide if we want to have an RFP for an
18 operator and/or not. We actually then have some
19 dollars that are put back in.
20 LEGISLATOR NICOLELLO: Is part of the
21 function going to be something of a convention
22 hall?
23 DEPUTY COUNTY EXECUTIVE WALKER: Yes.
24 One of the other opportunities -- and we've been
25 meeting with the Marines Trade Association. As I
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2 said before, the Nassau Coliseum does not lend
3 itself to really hosting any type of expositions.
4 It's not in great shape. The way it's
5 constructed with the pillars and things of that
6 nature, there's not a lot of maneuverability.
7 You can't get certain shows because they
8 literally can't bring in the equipment and things
9 of that nature. This is going to be a wide open,
10 basically 100,000, 102,000 square foot facility
11 that literally -- and that's why the advent of
12 the parking, as you mentioned, as well, the
13 additional parking, so that vehicles can actually
14 taken place and come right. If they wanted to
15 have a dance or they wanted to have a convention
16 space where they can set up chairs, you can
17 actually roll out that type of flooring and you
18 could have a convention and things of that
19 nature.
20 LEGISLATOR NICOLELLO: This was asked
21 before. With respect to the Coliseum property
22 and that development, there are no exclusive
23 rights for these convention halls for this --
24 DEPUTY COUNTY EXECUTIVE WALKER:
25 Correct. No exclusive rights.
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2 LEGISLATOR NICOLELLO: There won't be a
3 conflict coming, potentially?
4 DEPUTY COUNTY EXECUTIVE WALKER:
5 Correct.
6 LEGISLATOR NICOLELLO: Alrighty. Thank
7 you.
8 CHAIRMAN SCHMITT: Anybody else? Who
9 is going to be responsible for repairs once this
10 is done?
11 DEPUTY COUNTY EXECUTIVE WALKER: The
12 repairs is of the operator.
13 CHAIRMAN SCHMITT: Of the operator.
14 DEPUTY COUNTY EXECUTIVE WALKER:
15 Correct.
16 CHAIRMAN SCHMITT: Legislator Kopel.
17 LEGISLATOR KOPEL: Thank you, Presiding
18 Officer.
19 I’m afraid I'm going to be going over
20 some of the ground here because I'm just a little
21 bit confused, so forgive me.
22 LEGISLATOR KOPEL: There's a million one
23 twenty-five over the first five years; I get
24 that. After that, you've got 250,000 a year that
25 continues throughout the 30 years, plus you've
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2 got -- tell me if this is right -- plus this
3 escalator, you called it a CPI but it's not
4 really a CPI.
5 MR. INTAGLIATA: That was my error. I'm
6 sorry to interrupt you. It's three percent each
7 year.
8 LEGISLATOR KOPEL: Three percent a year.
9 But that money goes into a reserve fund?
10 DEPUTY COUNTY EXECUTIVE WALKER: No, no.
11 That comes to the county.
12 LEGISLATOR KOPEL: That money comes to
13 the county.
14 DEPUTY COUNTY EXECUTIVE WALKER: Yes.
15 The 250,000 plus the three percent each year goes
16 directly to the county. That's basically a
17 license payment to the county.
18 LEGISLATOR KOPEL: Okay. Fine. Now,
19 where -- this reserve fund, that's over and above
20 that?
21 DEPUTY COUNTY EXECUTIVE WALKER: That's
22 over and above. That's a dedicated fund that has
23 to be put in for repairs.
24 LEGISLATOR KOPEL: Is that a percentage
25 as well?
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2 DEPUTY COUNTY EXECUTIVE WALKER: 2.5 for
3 your one through 10; 3.5 for 11 through 20; and
4 then 4 percent for 21 through 30.
5 LEGISLATOR KOPEL: Now, that reserve
6 fund, how is that used? Who decides how that is
7 used and if it's used?
8 DEPUTY COUNTY EXECUTIVE WALKER: It's
9 going to be repairs that are going to into the
10 facility.
11 LEGISLATOR KOPEL: I would imagine that
12 just typical maintenance and repairs and this was
13 alluded to by some of the others, is going to
14 cost more than 2 1/2 to 3 percent a year. So
15 what does this do? In other words, is this over
16 and above regular maintenance and is that
17 defined?
18 MR. WALSH: Yes. This is really a
19 reserve fund, I guess, for down-the-line capital
20 improvements. And, you know, the percentages are
21 kind of comparable with some of the models I
22 looked at, similar to the City. They did a
23 similar project with the Douglaston Golf Course.
24 But, in addition, knowing he's financing, I'm
25 very confident that a lender also is going to be
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2 looking for significant reserve funds for
3 maintenance, especially when in this agreement
4 all the repair maintenance obligations are on the
5 operator. We have a lot of reporting
6 requirements quarterly as well.
7 LEGISLATOR KOPEL: So what we're doing
8 is we're defining this reserve fund as for
9 capital expenditures only and it's over and above
10 normal maintenance.
11 MR. WALSH: I don't think it's that
12 specific, but that was the intention.
13 LEGISLATOR KOPEL: You kind of need to
14 be that specific, don't you think?
15 MR. WALSH: Let me find the language.
16 To maintain a separate account to contain
17 the gross receipt percentage fees derived from
18 the operation. They should be solely reinvested
19 back into the premises and the operations
20 thereon, including, without limitation, funding
21 public programs conducted at the premises,
22 provided that any such expenditure required the
23 prior written approval of the county, which shall
24 not be unreasonably withheld.
25 LEGISLATOR KOPEL: So I'm concerned that
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2 that fund was really going to be just absorbed
3 into their normal maintenance that they would
4 have done anyway, and won't really be there for
5 major capital improvements because that wording
6 is overbroad. You may want to look at that.
7 Do you have a deadline for commencement
8 and completion of construction? That kind of
9 goes along with the presiding officer's questions
10 about financing. Must they start at a certain
11 time, finish by a certain time, and if those
12 deadlines -- assuming that you do indeed have
13 those deadlines -- what are the consequences of
14 not meeting them?
15 MR. WALSH: It contemplates at an
16 outside; we have a preliminary term for
17 substantial of 18 months. However, we fully have
18 authority, our DPW commissioner, over all the
19 construction. We have the unilateral right to
20 revoke it; it's a permit, not a lease. So, you
21 know, the reason kind of this thing ended up so
22 quickly, is it's taken us a number of months to
23 get through this agreement. Now, with the cold
24 weather coming, I think the developer was anxious
25 to make this calendar not have to wait until
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2 September for the normal rules calendar. The
3 motivation has certainly been there. We've been
4 getting a lot of pressure; at least I have as
5 counsel.
6 LEGISLATOR KOPEL: If I understand you
7 correctly, there is a deadline for construction
8 and completion, and if these things are not
9 proceeding along you can simply revoke the
10 permit, take over the property even if it's half
11 way completed?
12 MR. WALSH: There's always -- we can
13 revoke. There are several provisions that would
14 address revocation. Revocation for cause, we
15 could revoke. We do have an opportunity to cure
16 within 20 days --
17 LEGISLATOR KOPEL: But the question was
18 -- the question was is there a deadline for them
19 to get this thing built? In other words, if they
20 started and take 12 years, no one is going to be
21 real happy about that; is that cause?
22 MR. WALSH: That would be cause, I would
23 say.
24 LEGISLATOR KOPEL: It's defined as
25 cause?
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2 MR. WALSH: There is no firm start date,
3 it's obtaining approvals necessary to construct.
4 LEGISLATOR KOPEL: In other words, what
5 if they don't do anything in two or three years
6 and we have other opportunities and they're just
7 not getting it done? That kind of thing
8 happens.
9 MR. WALSH: We have a lot of provisions
10 in our capital improvements about delay, where
11 there's actually liquidated damages per day
12 penalty.
13 LEGISLATOR KOPEL: So there is a
14 deadline?
15 MR. WALSH: Yeah. 18.4, they have to
16 proceed in good faith and due diligence to
17 complete the capital improvements, with a
18 schedule attached. There is reasonable day. If
19 there is a force de jour -- you know, act of God,
20 strike, that kind of thing. However, then they
21 would be required -- if they fail to complete by
22 the date specified in Exhibit C, they are
23 required to pay a liquidated damages of $200 per
24 day.
25 LEGISLATOR KOPEL: How much?
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2 MR. WALSH: Two hundred dollars per day.
3 LEGISLATOR KOPEL: In other words,
4 nothing.
5 MR. WALSH: It adds up.
6 LEGISLATOR KOPEL: Not really. Thank
7 you.
8 CHAIRMAN SCHMITT: Legislator Walker.
9 LEGISLATOR WALKER: I just wanted to
10 reiterate what Legislator Nicolello said as far
11 as the need and desire of a facility like this.
12 Obviously, we have some questions that do need to
13 be finalized and answered for us.
14 We have a very small athletic facility in
15 Hicksville where our PAL is housed. I could tell
16 you if that was a 24-hour use facility, it could
17 be used 24 hours. It is used constantly. The
18 desire to be there is just amazing. I know a
19 facility like this is going to be very beneficial
20 to all of our residents. I know it's going to
21 get the use. If we can get those other questions
22 answered for sure, hopefully if the powers that
23 be are there with us, we'll get it on our way.
24 CHAIRMAN SCHMITT: Legislator Abrahams.
25 LEGISLATOR ABRAHAMS: Thank you,
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2 Presiding Officer Schmitt.
3 First, I would like to say that I think
4 some of the questions that have been brought
5 about by the presiding officer as well as Mr.
6 Nicolello, Mr. Kopel and I believe Ms. Walker, we
7 share in the same concerns so I'm not going to
8 regurgitate the same concerns over and over
9 again, just where they apply to what we're
10 thinking.
11 I do want to start my line of questioning
12 -- I think I want to piggyback on what Mr. Kopel
13 was citing in regard to a deadline and timeframe
14 of when this would actually be done.
15 This is actually a facility that
16 neighbors my district. Obviously, if there is
17 something that is going to be erected, I think
18 the community deserves a timely timeframe of when
19 it will be done so it doesn't become an eyesore
20 as Mr. Bloom or Mr. Blum seeks further financing,
21 which to date we don't know where he's getting it
22 from.
23 What is the protections that the county
24 has in the contract, if any at all, and will Mr.
25 Bloom be open -- if he's not here already --
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2 would he be open to amendments to this contract
3 at this time?
4 DEPUTY COUNTY EXECUTIVE WALKER: Just
5 with respect to Mr. Bloom, who is here? I know
6 there are other matters that needs to come before
7 the legislature today. He would be open to
8 discussing who those financers are but would like
9 to do that in executive session for the reasons I
10 said before, which we could do after the fact or
11 before. He is getting also additional
12 clarification from the bank and putting some of
13 those things in writing. Again, that would also
14 be privileged and confidential. But he could
15 discuss all of his investors with you in
16 executive session later, again, for the reasons I
17 said before.
18 LEGISLATOR ABRAHAMS: And the timeframe
19 for completion of construction is 18 months, I
20 think I heard that.
21 DEPUTY COUNTY EXECUTIVE WALKER: It's 18
22 months. We put in the 18 months only because you
23 never know how the weather is going to be. Some
24 of this requires -- depending on when you get in
25 the ground. If you get in the ground -- the
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2 contract is executed, depending on this winter,
3 you could start right away. Just look down the
4 block on Old Country Road and what took place in
5 Carle Place. That construction was very quick
6 and rapid because you had no weather conditions.
7 Usually, standard time for construction,
8 the county has always put in 18 months. You
9 could take One West for perfect example. We felt
10 18 months was taking into account all weather.
11 You could lose six months if it's snowing,
12 between December -- and because of the
13 foundation, you may not get back into the ground
14 until April or May. That's why we believe 18
15 months was a prudent time. Just to throw out a
16 number to get it done quicker where we know we
17 might not make it doesn't make any sense.
18 Eighteen months we believe is the best window of
19 construction, the time period for this type of
20 construction, and this was predicated on DPW's
21 thoughts.
22 LEGISLATOR ABRAHAMS: And you plan to
23 begin the construction upon approval of this
24 contract? When would construction commence?
25 DEPUTY COUNTY EXECUTIVE WALKER:
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2 Approval of the contract, the money would be put
3 in place, the proper assurance, insurance, and
4 the bonding, the requirements that we put in
5 place are the exact requirements that we have in
6 all our DPW contracts for construction, so they'd
7 have to meet all those requirements, which again
8 is basically a performance bond, the dollars and
9 cents that they would have to have. They would
10 have to have full commitment from the bank, not a
11 commitment for $2 million and let's see how it
12 progresses. No. They would need full
13 commitment, all the assurances, all the
14 performance measures, the bonding, things of that
15 nature they would have to have.
16 LEGISLATOR ABRAHAMS: That process,
17 performance bonds, how long will that take?
18 DEPUTY COUNTY EXECUTIVE WALKER: It's
19 really up to each individual. We have some
20 contractors that take six months. We have some
21 contractors that take two minutes. Literally,
22 the day the bond is awarded, they are ready and
23 they have it. So it's really up to the
24 individual not up to us. They have to go forward
25 and seek all those requirements.
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2 LEGISLATOR ABRAHAMS: Is it safe to say
3 based on our history with DPW projects a standard
4 of 30 days it's possible to get that stuff done?
5 DEPUTY COUNTY EXECUTIVE WALKER: Yes.
6 As I said, I would believe it could even be done
7 -- 30 days is very fair. But it could be done
8 literally overnight and, again, some cases -- 30
9 days is an adequate number to put a guestimate
10 on.
11 LEGISLATOR ABRAHAMS: Is that something
12 that we could put into the contract?
13 DEPUTY COUNTY EXECUTIVE WALKER: We
14 could. I wouldn't just because, again, depending
15 on a process, it could sometimes take a little
16 longer. For all different reasons it could take
17 longer. We have some of our best contractors
18 that sometimes, again, because of other areas, it
19 just takes longer. Depending on who their
20 insurance company is -- I would not want to put
21 an amount on there only because then you are, you
22 literally are forcing something that possibly may
23 be out of the realm of anybody other than the
24 person they're actually seeking it from.
25 LEGISLATOR ABRAHAMS: I see. I see.
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2 I do have questions for Mr. Foskey -- Mr.
3 Foskey put together the schedule that's before us
4 today in the packet. Before I get into that --
5 because I know Mr. Walsh is here. I'm sorry.
6 Rob, the gentleman behind you, is Frank?
7 DEPUTY COUNTY EXECUTIVE WALKER:
8 Intagliata.
9 LEGISLATOR ABRAHAMS: Contagliata.
10 DEPUTY COUNTY EXECUTIVE WALKER:
11 Intagliata.
12 LEGISLATOR ABRAHAMS: Intagliata.
13 Sorry.
14 I do have some questions for Mr. Walsh
15 first, and I guess Frank could probably answer
16 them as well, they tie more into this property.
17 I think Presiding Officer Schmitt talked about it
18 a little bit in greater detail in regards to our
19 due diligence in making sure that we receive the
20 right permissions from the U.S. Government --
21 example, such as the Interior Department,
22 Government Services, administration, to allow the
23 purpose that we're talking about today and being
24 proposed today, whether or not it would be
25 something that we can actually do. I'm looking
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2 at my notes because I want to make sure I state
3 what's in the staff summary correctly.
4 It's quote and bolded in the staff
5 summary: The operator shall comply with and be
6 fully bound by the terms, conditions, covenants,
7 and restrictions contained in the quit claim
8 deed, the "deed" made by the United States of
9 America, the administrators of general services,
10 to the County of Nassau dated April 24, 1968,
11 recorded in the Nassau County Clerk's Office of
12 the Libber 7817, page 291.
13 Do you believe, Mr. Walsh, that there is
14 enough to simply state that in the contract and
15 are you familiar with the deed going back to
16 April 24, 1968?
17 MR. WALSH: Yes. You know, the deed has
18 basically a restriction that the property must be
19 used for public and recreational purposes. So,
20 you know, it's incorporated in the contract.
21 They're bound by the terms of it. You know, when
22 we look back at some of the history in the file
23 of the property -- and obviously the property is
24 much broader than just what we're building on, I
25 guess there might have been concerns probably in
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2 68 that it would be used for some sort of a
3 commercial development, office buildings or
4 something that the Department of Interior, you
5 know, wanted to see this continue as parkland for
6 recreational enjoyment and use of the residents.
7 It's even noted in the application that was made
8 in 68 that there was a sore need in the county
9 for an indoor public facility.
10 LEGISLATOR ABRAHAMS: And has there been
11 any correspondence or contacts that you have --
12 were there any meetings being held between the
13 Department Interior? Have we met with them,
14 reached out with them to the ideas that we're
15 posing today?
16 MR. WALSH: I'm not aware that it's
17 happened yet, to my knowledge.
18 LEGISLATOR ABRAHAMS: Do we plan to?
19 DEPUTY COUNTY EXECUTIVE WALKER: We have
20 reached out to different Department of Interior
21 officials over the last, probably say, year with
22 respect to various ideas and concepts, one being
23 a minor league ballpark, one being the indoor
24 facility. Again, when it comes down to the
25 approval, the approval of an actual from the
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2 County Legislature, we would actually then go
3 back to the Department of Interior again just to
4 make sure everything is done appropriately.
5 They do not like speaking in
6 hypotheticals. I'll go back to 2007 or 08 when
7 the parking lot was built --
8 LEGISLATOR ABRAHAMS: 2004.
9 DEPUTY COUNTY EXECUTIVE WALKER: That's
10 when it was, 2004, and they had some concerns
11 over that, what actually happened. It was
12 supposed to be used for parkland and it was not.
13 They actually enjoy the additional use that
14 actually now is taking place. The fact that
15 there were some concerns over the minor league
16 ballpark. The indoor facility was already
17 mentioned in the deed that was created. It was
18 an opportunity that the county would see back
19 when that deed was actually constructed. To now
20 have that additional parking space that we're
21 actually say it would be great, it's there, this
22 will be used for park use, I think they were
23 appreciative of that.
24 LEGISLATOR ABRAHAMS: I was about to
25 bring up the parking lot from 2004 because I
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2 remember those concerns being talked about as the
3 proposal was going back and forth. From our
4 perspective, we want to make sure they are
5 included in the beginning of the loop rather than
6 at the end.
7 DEPUTY COUNTY EXECUTIVE WALKER: They
8 have been. I'll say this. Our first
9 conversation was very adversarial because they
10 didn't believe the parking lot was being used for
11 what the intended purpose was. Right now if you
12 don't have additional uses at the park, you then
13 see less people using the park. It goes hand in
14 hand.
15 LEGISLATOR ABRAHAMS: Are they familiar
16 -- I know we talked about a lot of different
17 things; you mentioned it yourself, a minor league
18 baseball park.
19 DEPUTY COUNTY EXECUTIVE WALKER: Yep.
20 LEGISLATOR ABRAHAMS: Are they fully
21 knowledgeable of this, though?
22 DEPUTY COUNTY EXECUTIVE WALKER: Yes.
23 LEGISLATOR ABRAHAMS: So they know that
24 MR. Bloom is -- I'm sorry -- I keep getting the
25 name mixed up.
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2 DEPUTY COUNTY EXECUTIVE WALKER: I don't
3 know that they necessarily know of Mr. Bloom, but
4 they know of the concepts of what is going forth.
5 LEGISLATOR ABRAHAMS: How does that
6 relate to them, though?
7 DEPUTY COUNTY EXECUTIVE WALKER: Because
8 we talked about the indoor facility, we talked
9 about the minor league ballpark, and we had to go
10 back and do our due diligence, such as the
11 referendum, such as the RFP. They were fully
12 briefed as we keep on going in the process.
13 LEGISLATOR ABRAHAMS: When was this idea
14 created?
15 DEPUTY COUNTY EXECUTIVE WALKER: Back in
16 almost March.
17 LEGISLATOR ABRAHAMS: In March. So you
18 had conversations with the Department of Interior
19 between March and now about this idea?
20 DEPUTY COUNTY EXECUTIVE WALKER: No.
21 When we actually originate the process. When we
22 started the process of what we're going for, we
23 let them know that this is the process we're
24 going down. They want to see something bedrock.
25 They actually want to have this is actually what
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2 you're doing and now it's approved, and you're
3 ready to move forward.
4 LEGISLATOR ABRAHAMS: I understand that.
5 If they have concerns, I think it would be
6 prudent to know their concerns so we can make
7 amendments to the contract.
8 DEPUTY COUNTY EXECUTIVE WALKER: No.
9 They had concerns about the parking lot. They
10 were upset the way the parking lot -- I'm saying
11 what they were concerned about is they were
12 concerned they did not like the fact that the
13 parking -- they felt that they got misrepresented
14 by certain people. I don't know who had those
15 discussions with them. That the parking lot was
16 being built for park use, whenever it was.
17 Again, the parking lot is not being used a lot
18 for park type activities; it's being used for the
19 Department of Social Services, for both employees
20 and visitors of the employees. The park is not
21 seeing additional people. We actually have less,
22 and less, and less people that are going to
23 Mitchel Park right now. This expands the use,
24 such that they said that's perfect. You're upset
25 the way the parking lot is not being used, now
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2 it's going to be used because we're going to
3 bring in additional resources into the facility.
4 The concerns they really had was with the minor
5 league ballpark because they believed the minor
6 league ballpark was more of a professional
7 nature, the fact that you were going to have
8 professional athletes playing and not being used
9 for recreation uses, such as this is being used
10 for recreational use. They want to see
11 recreational use that keeps in mind and really
12 answers the thoughts of the deeds and the
13 restrictive covenants that were put in place.
14 LEGISLATOR ABRAHAMS: Not to belabor.
15 Are there letters of correspondence which talks
16 to the back and forth communication between you
17 and the Feds?
18 DEPUTY COUNTY EXECUTIVE WALKER: No.
19 This is dialogue and conversations with had with
20 them. Once we have an executed game plan as to
21 exactly what we're doing, then it's forwarded to
22 the Department of Interior and they give their
23 approvals.
24 LEGISLATOR ABRAHAMS: So --
25 DEPUTY COUNTY EXECUTIVE WALKER: In this
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2 case --
3 LEGISLATOR ABRAHAMS: Go ahead.
4 DEPUTY COUNTY EXECUTIVE WALKER: In this
5 case, we are very confident in the approval
6 process because it's already mentioned in the
7 actual deed that the county received. This is
8 one of the intended uses that the county had.
9 The county could have did this, whenever they so
10 choose, back in the 60's, 70's; they didn't and
11 now we're moving forward with it now.
12 LEGISLATOR ABRAHAMS: Okay. I do want
13 to talk about the schedule. I just had some
14 quick questions in regards to some of the income
15 that's generated by the facility. And I noticed
16 before -- I think you had mentioned, Mr. Walsh,
17 that the money generated from the facility goes
18 into a reserve fund and because of the U.S.
19 Department of Interior letter, which is dated
20 9/3/1994, which I can provide to you, it's our
21 understanding that this income couldn't go into
22 our general fund, that it needs to go into a
23 designated reserve fund, which you highlighted
24 earlier. Is that correct?
25 DEPUTY COUNTY EXECUTIVE WALKER: It goes
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2 actually into -- there's two funds. It goes into
3 a Mitchel grant fund to be used at Mitchel Park -
4 -
5 LEGISLATOR ABRAHAMS: Okay.
6 DEPUTY COUNTY EXECUTIVE WALKER: And
7 that's where the dollars -- that's where the
8 dollars from the $250,000 would go. The
9 improvements, as Mr. Walsh mentioned, would go
10 into a separate improvement account, that those
11 are improvements that go directly into the
12 facility itself. The remaining dollars,
13 $250,000, plus the incremental increases, that
14 goes into the grant account, the Mitchel Park
15 Grant Account.
16 LEGISLATOR ABRAHAMS: Okay. So neither
17 one could go into the general fund.
18 DEPUTY COUNTY EXECUTIVE WALKER:
19 Correct.
20 LEGISLATOR ABRAHAMS: Got ya.
21 DEPUTY COUNTY EXECUTIVE WALKER: All the
22 revenue received today at the facility goes into
23 the grant fund as well. So if you play on the
24 baseball field, that money doesn't go into the
25 general fund either, it goes into the grant fund.
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2 LEGISLATOR ABRAHAMS: Good.
3 DEPUTY COUNTY EXECUTIVE WALKER: It pays
4 for their staff --
5 LEGISLATOR ABRAHAMS: I just want to
6 make sure that the money's going into the
7 facility that's actually is enhancing the
8 parklands.
9 If Mr. Foskey can come up, because I do
10 have some questions about the actual schedule,
11 which I'm trying to understand. From what I can
12 see, from September 2012, it's got turf field,
13 youth soccer. Am I to interpret that means
14 community groups, Mr. Foskey?
15 COMMISSIONER FOSKEY: It means time
16 that's allocated actually to County of Nassau
17 Department of Parks and Rec, whether it's
18 community group or some other group.
19 CHAIRMAN SCHMITT: Just -- excuse me.
20 I'm sorry.
21 COMMISSIONER FOSKEY: These are the
22 times that we actually control --
23 CHAIRMAN SCHMITT: Commissioner, just
24 sign in for the record, please. Tell them who
25 you are. Just tell them who you are.
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2 COMIMSSIONER FOSKEY: Carnell Foskey,
3 the Commissioner of the Nassau County Department
4 of Parks, Recreation and Museums.
5 CHAIRMAN SCHMITT: Go ahead. Sorry to
6 interrupt you.
7 LEGISLATOR ABRAHAMS: Basically, if I'm
8 looking, I'm just taking a look at September 4,
9 2012 where it has TF-UYS 6:00 p.m. to 9:00 p.m.,
10 that would be an allocation to the Department of
11 Recs where you can determine whether or not a
12 community group can come in and use a facility?
13 COMMISSIONER FOSKEY: Correct. Yes.
14 LEGISLATOR ABRAHAMS: Okay. And are you
15 -- you believe the times allocated for Nassau
16 County's purposes not for -- is it Nassau LLC or
17 Sports Facility Advisory -- you feel the time is
18 allocated for the actual park and recs is
19 sufficient?
20 COMMISSIONER FOSKEY: Yes. What we try
21 to do is amend the current schedule that we find
22 people use our field, facilities now. These
23 times are the times that works best for us.
24 LEGISLATOR ABRAHAMS: Okay. If you're
25 okay with it. Thank you, Mr. Foskey,
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2 Commissioner Foskey. I don't have any more
3 questions.
4 CHAIRMAN SCHMITT: Legislator Bosworth.
5 LEGISLATOR BOSWORTH: Thank you,
6 Presiding Officer Schmitt.
7 Well, I have two things that I'd like to
8 speak about. One is -- and I know I'm not
9 usually on the Rules Committee but I am on it
10 today, and I find it somewhat disconcerting to be
11 addressing a project of this magnitude that I
12 know was filed on July 23 but put on as an
13 addendum just this past Friday. It's very
14 important. It just seemed to me that a number of
15 very important questions have been raised. I
16 don't think we're having the opportunity to get
17 the answers to those questions.
18 I would also say that as a legislator I
19 would like to have some input and a vote on how
20 this proceeds. And correct me if I'm wrong,
21 Presiding Officer Schmitt, but if this is voted
22 on today then that's it, it just goes ahead,
23 correct?
24 CHAIRMAN SCHMITT: That is correct,
25 Legislator Bosworth. This is a -- it's a Rules
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2 Committee only vote.
3 LEGISLATOR BOSWORTH: Right. It just
4 seems to me that this is an important project
5 that certain deserves the public to understand
6 that it's happening so that they can make public
7 comment. I believe that all legislators should
8 be looking at this. This is my opinion and this
9 is what I'm saying.
10 The question that I have is -- so if we
11 enter into this contract and the Department of
12 the Interior disapproves do we have a liability
13 because of that?
14 MR. WALSH: No. The contract permit is
15 explicit that it's subject to any requisite
16 approvals. The county has no obligation to put
17 any money in and it's solely was the risk of the
18 operator.
19 LEGISLATOR BOSWORTH: So there's an
20 actual clause in the contract that holds us safe
21 from this, if the Department of the Interior says
22 this is not an appropriate use, we have no
23 liability?
24 MR. WALSH: Right. The permit is
25 explicit that it is subject to all requisite
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2 approvals. It explicitly says the County
3 Legislature and the United States Department of
4 Interior.
5 LEGISLATOR BOSWORTH: Thank you.
6 CHAIRMAN SCHMITT: Legislator Wink.
7 LEGISLATOR WINK: How are you, Mr.
8 Walsh. Quick question.
9 Are there any alienation issues involved
10 here that requires state authorization?
11 MR. WALSH: No. That's the reason why
12 it's been difficult to get it structure. It's
13 really modeled, I think I might have mentioned
14 before, on projects that were done in the City.
15 It is a permit revocable at will, non-exclusive.
16 It must be a shared use. As Carnell I think just
17 described the shared use of the facility with
18 county programs, limited in term, revocable;
19 those are the key criteria in the case law.
20 LEGISLATOR WINK: Revocable at will and
21 yet we're looking for a $11.5 million investment
22 here.
23 MR. WALSH: Yes. And if we unilaterally
24 without cause revoke, there is a provision in
25 there that allows him then to recoup, if we did
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2 it without cause.
3 LEGISLATOR WINK: And what would -- what
4 would sufficient cause be? I'm sorry. I
5 understand sufficient cause to cancel on their
6 end. So if we do it without cause then we
7 basically have to buy the facility, is that it?
8 MR. WALSH: Basically. To the extent
9 its been -- whatever -- to the extent they've
10 constructed, say it's in the approval process, it
11 has to be basically determined and actually has
12 to be approved at that point by the comptroller.
13 That's explicit in the contract.
14 LEGISLATOR WINK: Okay. Now, look, I
15 don't claim to be any kind of expert on
16 alienation issues. But as I understand it, what
17 constituted alienation has evolved dramatically
18 in the last 20, 25 years.
19 I've been involved with a PILOT project
20 for a park-and-ride program up in Christopher
21 Morley Park that I told -- I was told might be an
22 alienation issue. This sounds like a lot more
23 permanent situation than something like that. I
24 guess my question is what happens if a court
25 rules this is alienation issue, where are we
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2 then?
3 MR. WALSH: That's, you know, I guess at
4 that point we'd have to revisit and talk about,
5 you know, the then -- can we restructure it as a
6 lease, we'd have to come back for all the
7 approvals of the legislature, we'd have to get
8 new authority from the Department of Interior.
9 Hopefully at that point, you know, viable
10 recreation use.
11 And the other thing with alienation, keep
12 it in mind, most of the alienation cases tend to
13 be you're kind of getting away from a park use.
14 I've worked with the preserve, like Leeds Pond
15 Preserve, and you're looking to do something
16 totally different, a different use, some other
17 public use or private use. Here we're still
18 talking about essentially a park use. Even what
19 the private operator's conducting programs,
20 they're public recreational programs -- it's
21 basketball, volleyball, lacrosse.
22 LEGISLATOR WINK: Okay. But they're not
23 completely open to the public. You need to go
24 through the private operator in order to access
25 this land.
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2 MR. WALSH: Right. But it's got to be
3 open to the public. And we've had many programs
4 open at the facility.
5 LEGISLATOR WINK: Okay. You know, as I
6 said, I think this is still an evolving area of
7 the law and I'm just hoping that we're not
8 getting too deep into something that we could end
9 up having to buy. Having said that.
10 Do we know what the value of this land
11 is? Have we done appraisals on this land?
12 MR. WALSH: Not that I'm aware of.
13 LEGISLATOR WINK: Okay. I guess the
14 question would be -- and I know this would be an
15 alienation issue. But I guess the question would
16 be, you know, are we getting a deal consistent
17 with if we had sold the land, you know, if we
18 were able to get the necessary authorizations and
19 we chose to sell this land, would we be getting
20 the same type of return from this otherwise?
21 DEPUTY COUNTY EXECUTIVE WALKER: First,
22 if we go to sell the land it's definitely a park
23 alienation.
24 LEGISLATOR WINK: I agree.
25 DEPUTY COUNTY EXECUTIVE WALKER: What we
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2 looked at here was, first of all, you have no
3 indoor facilities basically in the county. We
4 currently receive about 20 to $30,000 a year in
5 revenue from the ball field. You can't use both
6 ball fields while you're using the track because
7 you have balls that are flying all over and the
8 last thing you want to have is have somebody
9 running the 100 meter and then they wind up on
10 the floor because they get hit by a baseball in
11 the head. We look at avenues by which we can
12 improve.
13 I think Mr. Walsh summed it up. And they
14 looked at the alienation issue because obviously
15 it was a concern of ours as well. They believed
16 that we're on solid footing for the answers that
17 he gave. But the revenue, we went from having
18 about $30,000 to having about $250,000 a year and
19 now you could actually participate and use the
20 track while using the indoor facility, use the
21 indoor facility to drum up additional activity in
22 the hub area. You start to hopefully create some
23 excitement that we can continue and see the
24 Coliseum redeveloped, that it was a starting
25 point for that development. Obviously all the
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2 concerns you have are the same concerns we have,
3 that's why those safeguards were put into place
4 in the contract. For the dollars and cents, we
5 believe it's much more money going back into the
6 facility, from having 30,000 a year to having
7 250,000 a year just for one field, and it all
8 goes back into improvements to the facilities is
9 a win-win for everybody. That's the direction
10 we're heading.
11 LEGISLATOR WINK: It was mentioned that
12 as many as 50 permanent jobs would be created by
13 this. First thing, construction jobs, is there a
14 requirement in this contract they be union jobs?
15 DEPUTY COUNTY EXECUTIVE WALKER: He is
16 going to use union but prevailing wage -- all the
17 state labor law requirements that are in put in
18 place, has to be prevailing wage, things of that
19 nature.
20 LEGISLATOR WINK: Okay.
21 DEPUTY COUNTY EXECUTIVE WALKER: Have to
22 live within the living wage laws of the county
23 and everything of --
24 LEGISLATOR WINK: Right. And all of
25 that would be irrespective of whether it's in the
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2 contract.
3 DEPUTY COUNTY EXECUTIVE WALKER: That's
4 actually in the contract, yes.
5 LEGISLATOR WINK: Okay. And as far as
6 the permanent jobs go, is there any requirement
7 they be union jobs?
8 DEPUTY COUNTY EXECUTIVE WALKER: No.
9 LEGISLATOR WINK: Okay.
10 DEPUTY COUNTY EXECUTIVE WALKER: It's
11 the same, the Living Wage Law, all the
12 requirements, depending on what work needs to be
13 done. If you're coming in there and having
14 plumbing work done, you have to live within all
15 the laws, the applicable laws of the State
16 Department of Labor and in Nassau County, with,
17 again, the Living Wage Law, to pay the staff
18 those dollars.
19 LEGISLATOR WINK: And I guess it goes
20 without saying that those jobs would not be CSEA
21 jobs.
22 DEPUTY COUNTY EXECUTIVE WALKER: Nassau
23 County is not going to hire any of the staff; it
24 will be hired by the outside contractor.
25 LEGISLATOR WINK: Okay. Thank you.
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2 CHAIRMAN SCHMITT: Mr. Walker, now you
3 want us to recess, awaiting the arrival of the
4 financials?
5 DEPUTY COUNTY EXECUTIVE WALKER: That is
6 fine.
7 CHAIRMAN SCHMITT: Okay. We're going to
8 recess. This is the Rules Committee. We are
9 recessing so that we can start, in five minutes,
10 the full session of the legislature.
11 (Whereupon, the Rules Committee recessed
12 at 2:26 p.m.)
13 (Whereupon, the Rules Committee
14 reconvened at 7:02 p.m.)
15 CHAIRMAN SCHMITT: We're reconvening the
16 Rules Committee meeting.
17 You have received the financial
18 information and the disclosures of the
19 corporation?
20 DEPUTY COUNTY EXECUTIVE WALKER: Yes, we
21 have them.
22 CHAIRMAN SCHMITT: And the financial
23 information is to be discussed in executive
24 session?
25 DEPUTY COUNTY EXECUTIVE WALKER: If you
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2 would be so kind.
3 CHAIRMAN SCHMITT: Okay. We're going to
4 go into executive session.
5 I need a motion to go into executive
6 session.
7 LEGISLATOR NICOLELLO: So moved.
8 LEGISLATOR WALKER: Second.
9 CHAIRMAN SCHMITT: Moved by Legislator
10 Nicolello, seconded by Legislator Walker.
11 All those in favor?
12 (Aye.)
13 We're going into executive session.
14 (Whereupon, the Rules Committee recessed
15 at 7:05 p.m.)
16 (Whereupon, the Rules Committee
17 reconvened at 7:55 p.m.)
18 CHAIRMAN SCHMITT: Chief Deputy County
19 Executive Walker, we had discussions about the
20 project labor agreement for this project. Could
21 you tell us?
22 DEPUTY COUNTY EXECUTIVE WALKER: Yes.
23 There will be a project labor agreement that the
24 respondent will enter into with the Building
25 Trades Council, and that meeting will be set up
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2 with him and the Building Trades Council, which
3 will also involve DPW. It will follow through in
4 the same process that we follow through on all of
5 our DPW contracts.
6 CHAIRMAN SCHMITT: Okay. Anything else?
7 LEGISLATOR ABRAHAMS: At this time,
8 Presiding Officer Schmitt, I know we went into
9 executive session, we feel there are some
10 questions and concerns that we still need
11 answered. We like the concept of the proposal.
12 We wanted to thank Mr. Bloom for coming down
13 today because obviously the proposal does -- I'm
14 sorry - Blum -- sorry -- does have some good
15 concepts and ideas, but we think it wouldn't be
16 prudent to vote for it at this time with some of
17 the questions that are lingering, based off what
18 we learned in executive session, which we do not
19 want to share because we learned it in confidence
20 during executive session.
21 We would respectfully request this item
22 be tabled, and I would like to submit a motion to
23 table at this present time.
24 LEGISLATOR WINK: Second.
25 CHAIRMAN SCHMITT: We have a motion to
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2 table, which is undebatable. It's been made and
3 seconded.
4 All those in favor of tabling please say
5 aye.
6 (Aye.)
7 All those opposed?
8 (Nay.)
9 The motion to table fails.
10 I’m going to call the question.
11 LEGISLATOR ABRAHAMS: That being said,
12 Mr. Schmitt, do you mind if I ask some questions
13 to Mr. Walker?
14 CHAIRMAN SCHMITT: No. Motion to table
15 ends debate.
16 Go ahead.
17 LEGISLATOR ABRAHAMS: Mr. Walker, you
18 had mentioned that there will be a PLA that will
19 be a part of this agreement. When do you
20 envision having that PLA to be signed?
21 DEPUTY COUNTY EXECUTIVE WALKER: I don't
22 know. I wouldn't want to give you a date or
23 speculate a date.
24 LEGISLATOR ABRAHAMS: Is it possible
25 that a PLA will not be a part of the agreement?
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2 DEPUTY COUNTY EXECUTIVE WALKER: No. It
3 would be part of the agreement.
4 LEGISLATOR ABRAHAMS: Would be a part of
5 the agreement.
6 DEPUTY COUNTY EXECUTIVE WALKER: I just
7 won't speculate on dates.
8 LEGISLATOR ABRAHAMS: And based on your
9 conversations with Mr. Blum, a PLA is acceptable
10 and amenable to that entity?
11 DEPUTY COUNTY EXECUTIVE WALKER: Yes.
12 LEGISLATOR ABRAHAMS: As I said before,
13 Mr. Walker, we think the idea, the concept has
14 some merit. Providing that the documentation
15 that we wanted to learn from the executive
16 session was there -- I'm not saying that it
17 wasn't forthcoming, it's not available at this
18 time. That being said, without divulging what we
19 learned in executive session, I don't think we
20 can have unanimous support in this committee
21 because we like the idea of trying to develop the
22 concept of what they're trying to do at Mitchel
23 Field without the county putting out any money.
24 That's the greatest thing about it.
25 So, from that standpoint, again, we would
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2 like to see it tabled but obviously we don't have
3 the votes to do that. But we do want to be
4 engaged and involved in the process as much as we
5 can, if it needs to be down the road.
6 That being said, I just wanted to
7 respectfully ask, obviously Mr. Blum, for giving
8 up his time and his evening to be here with us.
9 Thank you again.
10 This vote does not reflect any reflection
11 on you, in terms of your ability to get the
12 project done. We just feel uncomfortable as a
13 caucus at this time in supporting a proposal
14 which we don't feel we have enough documentation
15 to do.
16 Obviously, we want to see the county do
17 well and we want to see this project do well. It
18 might be the case that everything may turn out
19 well and we hope it does. That being said, we
20 will respectfully vote no on this particular
21 proposal.
22 CHAIRMAN SCHMITT: Can I call the vote
23 before you vote no?
24 LEGISLATOR ABRAHAMS: You can do
25 anything you'd like.
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2 CHAIRMAN SCHMITT: Thank you so much.
3 I'm caught unaware and surprised by the actions
4 of the minority. Anyway.
5 E-176, all those in favor please say aye.
6 (Aye.)
7 Any opposed?
8 (No verbal response.)
9 Let the record show that the item carries
10 by a vote of four to three.
11 Mr. Blum, congratulations.
12 I'm going to call E-174, which is a
13 resolution authorizing the county executive to
14 execute a personal services agreement between the
15 county on behalf of the DA's office and PACE
16 After-School Program.
17 May I have a motion, please?
18 LEGISLATOR WALKER: So moved.
19 LEGISLATOR KOPEL: Second.
20 CHAIRMAN SCHMITT: Moved by Legislator
21 Walker, seconded by Legislator Kopel.
22 This is a renewal of a program. There is
23 somebody to speak about it. I'm sorry you had to
24 wait this long.
25 MR. MCMANUS: Thank you. Bob McManus,
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2 Nassau County District Attorney's Office.
3 The PACE after school program is funded
4 by the district attorney's office as part of the
5 Terence Bedell Project, which is intended to
6 reduce crime in Hempstead Village. This program
7 will engage high risk youth in safe, productive,
8 and educational activities during the afternoon
9 hours, from 3:00 p.m. to 6:00 p.m. once the
10 school year starts.
11 This program is financed by federal
12 forfeiture funds and bears no cost to county
13 taxpayers.
14 CHAIRMAN SCHMITT: Any questions?
15 (No verbal response.)
16 Any public comment?
17 (No verbal response.)
18 All those in favor please say aye.
19 (Aye.)
20 Any opposed?
21 (No verbal response.)
22 The item carries unanimously.
23 MR. MCMANUS: Thank you.
24 CHAIRMAN SCHMITT: I'll take a motion to
25 adjourn.
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2 LEGISLATOR WALKER: So moved.
3 LEGISLATOR NICOLELLO: Second.
4 CHAIRMAN SCHMITT: Moved by Legislator
5 Walker, seconded by Legislator Nicolello.
6 All those in favor of adjourning please
7 say aye.
8 (Aye.)
9 We're standing adjourned.
10 (Whereupon, the Rules Committee adjourned
11 at 8:01 p.m.)
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76
C E R T I F I C A T E
I, FRANK GRAY, a Shorthand Reporter and
Notary Public in and for the State of New York, do hereby state:
THAT I attended at the time and place above mentioned and took stenographic record of the proceedings in the above-entitled matter;
THAT the foregoing transcript is a true and accurate transcript of the same and the whole thereof, according to the best of my ability and belief.
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of August, 2012.
______
FRANK GRAY
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Clerk Item No. Proposed Assigned Summary By To E-174-12 DA R RESOLUTION NO. -2012 A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A PERSONAL SERVICES AGREEMENT BETWEEN THE COUNTY OF NASSAU, ACTING ON BEHALF OF THE NASSAU COUNTY DISTRICT ATTORNEY’S OFFICE, AND P.E.A.C.E. AFTERSCHOOL PROGRAM, INC. E-174-12
RULES ADDENDUM 1
Clerk Item No. Proposed Assigned Summary By To E-176-12 PK R RESOLUTION NO. -2012 A RESOLUTION MAKING CERTAIN DETERMINATIONS PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT AND AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A PERMIT AGREEMENT TO NASSAU SPORTS & EVENTS, LLC. E-176-12 THE FOLLOWING ITEMS MAY BE UNTABLED E-13-12 PW R RESOLUTION NO. -2012 A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A PERSONAL SERVICE AGREEMENT BETWEEN THE COUNTY OF NASSAU ACTING ON BEHALF OF THE DEPARTMENT OF PUBLIC WORKS AND ABEL BAINNSON BUTZ, LLP. E-13-12 E-17-12 PW R RESOLUTION NO. -2012 A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A PERSONAL SERVICE AGREEMENT BETWEEN THE COUNTY OF NASSAU ACTING ON BEHALF OF THE DEPARTMENT OF PUBLIC WORKS AND JAG ARCHITECTS, P.C. E-17-12 E-18-12 PW R RESOLUTION NO. -2012 A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A PERSONAL SERVICE AGREEMENT BETWEEN THE COUNTY OF NASSAU ACTING ON BEHALF OF THE DEPARTMENT OF PUBLIC WORKS AND THE RBA GROUP. E-18-12 E-19-12 PW R RESOLUTION NO. -2012 A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A PERSONAL SERVICE AGREEMENT BETWEEN THE COUNTY OF NASSAU ACTING ON BEHALF OF THE DEPARTMENT OF PUBLIC WORKS AND STANTEE CONSULTING SERVICES, INC. E-19-12 E-26-12 SS R RESOLUTION NO. -2012 A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AN AMENDMENT TO A PERSONAL SERVICES AGREEMENT BETWEEN THE COUNTY OF NASSAU ACTING ON BEHALF OF THE DEPARTMENT OF SOCIAL SERVICES AND SUMMIT SECURITY SERVICES, INC. E-26-12 E-129-12 IT R RESOLUTION NO. -2012 A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A PERSONAL SERVICES AGREEMENT BETWEEN THE COUNTY OF NASSAU, ACTING ON BEHALF OF THE DEPARTMENT OF INFORMATION TECHNOLOGY AND CAREERARC GROUP,LLC d/b/a TWEETMYJOBS.COM. E-129-12
RULES 1
E-136-12 PW R RESOLUTION NO. -2012 A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A PERSONAL SERVICES AGREEMENT BETWEEN THE COUNTY OF NASSAU ACTING ON BEHALF OF THE DEPARTMENT OF PUBLIC WORKS AND MARK DESIGN STUDIOS, ARCHITECTURE, P.C. E-136-12 E-140-12 PW R RESOLUTION NO. -2012 A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A PERSONAL SERVICES AGREEMENT BETWEEN THE COUNTY OF NASSAU ACTING ON BEHALF OF THE DEPARTMENT OF PUBLIC WORKS AND RBA GROUP. E-140-12 E-141-12 PW R RESOLUTION NO. -2012 A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A PERSONAL SERVICES AGREEMENT BETWEEN THE COUNTY OF NASSAU ACTING ON BEHALF OF THE DEPARTMENT OF PUBLIC WORKS AND FST ENGINEERS, INC. E-141-12 E-150-12 AT R RESOLUTION NO. -2012 A RESOLUTION AFFIRMING TO A SPECIAL COUNSEL CONTRACT ENTERED INTO BY THE COUNTY ATTORNEY AND LEVENTHAL & SLINEY, LLP. E-150-12 E-162-12 AT/CE R RESOLUTION NO. -2012 A RESOLUTION AFFIRMING AN AMENDMENT TO A SPECIAL COUNSEL CONTRACT ENTERED INTO BY THE COUNTY ATTORNEY AND PANNONE, LOPES, DEVEREAUX & WEST, LLC. E-162-12 E-166-12 PW R RESOLUTION NO. -2012 A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AN AMENDMENT TO A PERSONAL SERVICES AGREEMENT BETWEEN THE COUNTY OF NASSAU ACTING ON BEHALF OF THE DEPARTMENT OF PUBLIC WORKS AND SPECTOR GROUP II LLP. E-166-12 E-167-12 PW R RESOLUTION NO. -2012 A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A PERSONAL SERVICES AGREEMENT BETWEEN THE COUNTY OF NASSAU ACTING ON BEHALF OF THE DEPARTMENT OF PUBLIC WORKS AND J.C. BRODERICK & ASSOCIATES. E-167-12 E-168-12 PW R RESOLUTION NO. -2012 A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A PERSONAL SERVICES AGREEMENT BETWEEN THE COUNTY OF NASSAU ACTING ON BEHALF OF THE DEPARTMENT OF PUBLIC WORKS AND LOCKWOOD, KESSLER & BARTLETT, INC. E-168-12
RULES 2
E-169-12 AT R RESOLUTION NO. -2012 A RESOLUTION AFFIRMING AN AMENDMENT TO A SPECIAL COUNSEL CONTRACT ENTERED INTO BY THE COUNTY ATTORNEY AND JACKSON LEWIS, LLP. E-169-12 E-171-12 PW R RESOLUTION NO. -2012 A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A PERSONAL SERVICES AGREEMENT BETWEEN THE COUNTY OF NASSAU ACTING ON BEHALF OF THE DEPARTMENT OF PUBLIC WORKS, AND SIDNEY B. BOWNE & SON, LLP. E-171-12
RULES 3
L E G I S L A T I V E C A L E N D A R
NASSAU COUNTY LEGISLATURE MINEOLA, NEW YORK
EIGHTH MEETING AUGUST 6, 2012 1:00 P.M.
THE NASSAU COUNTY LEGISLATURE IS COMMITTED TO MAKING ITS PUBLIC MEETING ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES. IF, DUE TO A DISABILITY, YOU NEED AN ACCOMMODATION OR ASSISTANCE TO PARTICIPATE IN THE PUBLIC MEETING OR TO OBTAIN A COPY OF THE TRANSCRIPT OF THE PUBLIC HEARING IN AN ALTERNATIVE FORMAT IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT, PLEASE CONTACT THE OFFICE OF THE CLERK OF THE LEGISLATURE AT 571-4252, OR THE NASSAU COUNTY OFFICE FOR THE PHYSICALLY CHALLENGED AT 227-7101 OR TDD TELEPHONE NO. 227-8989. AS PER THE NASSAU COUNTY FIRE MARSHAL’S OFFICE, THE LEGISLATIVE CHAMBER HAS A MAXIMUM OCCUPANCY OF 251 PEOPLE AND THE OUTER CHAMBER WHICH WILL STREAM THE MEETING LIVE, HAS A MAXIMUM OCCUPANCY OF 72. PASSES WILL BE DISTRIBUTED ON A FIRST COME FIRST SERVED BASIS BEGINNING AT 12:30 PM AND ATTENDEES WILL BE GIVEN AN OPPORTUNITY TO SIGN IN TO ADDRESS THE LEGISLATURE FOR A MAXIMUM OF THREE MINUTES.
EVERY LEGISLATIVE MEETING IS STREAMED LIVE ON http://www.nassaucountyny.gov/agencies/Legis/index.html.
1. HEARING ON PROPOSED LOCAL LAW NO. -2012
A LOCAL LAW TO AMEND THE NASSAU COUNTY ADMINISTRATIVE CODE IN RELATION TO FALSE TRANSMISSIONS FROM AUTOMATIC ALARM SYSTEMS. 521-12(PD)
2. HEARING ON PROPOSED LOCAL LAW NO. -2012
A LOCAL LAW TO AMEND SECTION 21-22.4 OF THE NASSAU COUNTY ADMINISTRATIVE CODE IN RELATION TO THE FEES CHARGED FOR THE REGISTRATION OF AUTOMATED TELLER MACHINES. 522-12(CA) 3. HEARING ON PROPOSED LOCAL LAW NO. -2012
A LOCAL LAW TO AMEND SECTION 21-11 OF THE NASSAU COUNTY ADMINISTRATIVE CODE IN RELATION TO THE FEES CHARGED IN CONNECTION WITH LICENSES TO OPERATE HOME IMPROVEMENT BUSINESSES. 523-12(CA)
4. VOTE ON PROPOSED LOCAL LAW NO. -2012
A LOCAL LAW TO AMEND THE NASSAU COUNTY ADMINISTRATIVE CODE IN RELATION TO FALSE TRANSMISSIONS FROM AUTOMATIC ALARM SYSTEMS. 521-12(PD)
5. VOTE ON PROPOSED LOCAL LAW NO. -2012
A LOCAL LAW TO AMEND SECTION 21-22.4 OF THE NASSAU COUNTY ADMINISTRATIVE CODE IN RELATION TO THE FEES CHARGED FOR THE REGISTRATION OF AUTOMATED TELLER MACHINES. 522-12(CA)
6. VOTE ON PROPOSED LOCAL LAW NO. -2012
A LOCAL LAW TO AMEND SECTION 21-11 OF THE NASSAU COUNTY ADMINISTRATIVE CODE IN RELATION TO THE FEES CHARGED IN CONNECTION WITH LICENSES TO OPERATE HOME IMPROVEMENT BUSINESSES. 523-12(CA)
7. ORDINANCE NO. 189-2012
AN ORDINANCE REPEALING ORDINANCE NO. 185-2010 AND ESTABLISHING A NEW FEE SCHEDULE FOR AMBULANCE SERVICES PROVIDED BY THE NASSAU COUNTY POLICE DEPARTMENT. 524-12(PD)
8. ORDINANCE NO. 190-2012
AN ORDINANCE AMENDING ORDINANCE 16-2011 IN RELATION TO INCREASING THE FEE CHARGED BY THE TRAFFIC AND PARKING VIOLATIONS AGENCY FOR A FINAL DISPOSITION OTHER THAN NOT GUILTY. 525-12(TV) 9. ORDINANCE NO. 191-2012
AN ORDINANCE AMENDING ORDINANCE 199-2011, “AN ORDINANCE REPEALING ORDINANCE NO. 188-2010, AS AMENDED; ESTABLISHING FEES TO BE CHARGED BY THE DEPARTMENT OF PARKS, RECREATION AND MUSEUMS; AND MAKING CERTAIN DETERMINATIONS PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT,” IN RELATION TO INCREASING THE FEES FOR SWIMMING LESSONS AND FITNESS AND AEROBICS PROGRAMS. 527-12(TV)
10. ORDINANCE NO. 192-2012
AN ORDINANCE ESTABLISHING FEES FOR THE REGISTRATION OF VENDORS FOR THE COUNTY’S PROCUREMENT SYSTEM AND MAKING DETERMINATIONS PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT. 25-12(OMB)
11. ORDINANCE NO. 193-2012
AN ORDINANCE AMENDING ARTICLE XXII OF ORDINANCE NO. 56-1962, AS AMENDED, CONSTITUTING THE NASSAU COUNTY FIRE PREVENTION ORDINANCE AND MAKING CERTAIN DETERMINATIONS PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT. 39-12(FM)
12. ORDINANCE NO. 194-2012
A BOND ORDINANCE PROVIDING FOR A CAPITAL EXPENDITURE TO FINANCE A PROJECT UNDER THE ENVIRONMENTAL PROGRAM ESTABLISHED PURSUANT TO TITLE 59 OF THE MISCELLANEOUS LAWS OF NASSAU COUNTY, AUTHORIZING $531,250 OF BONDS OF THE COUNTY OF NASSAU TO FINANCE SAID EXPENDITURE, AND MAKING CERTAIN DETERMINATIONS PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT, PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK AND THE COUNTY GOVERNMENT LAW OF NASSAU COUNTY. 504-12(PW)
13. ORDINANCE NO. 195-2012
AN ORDINANCE TO AUTHORIZE THE COUNTY EXECUTIVE TO EXECUTE AN AMENDMENT TO A CONTRACT WITH VEOLIA TRANSPORTATION SERVICES, INC. FOR THE MANAGEMENT, OPERATION AND MAINTENANCE OF A NASSAU COUNTY BUS SYSTEM. 535-12(PW)
14. ORDINANCE NO. 196-2012
AN ORDINANCE SUPPLEMENTAL TO THE ANNUAL APPROPRIATION ORDINANCE IN CONNECTION WITH THE NASSAU COUNTY YOUTH BOARD. 486-12(OMB)
15. ORDINANCE NO. 197-2012
AN ORDINANCE SUPPLEMENTAL TO THE ANNUAL APPROPRIATION ORDINANCE IN CONNECTION WITH THE DISTRICT ATTORNEY. 487-12(OMB)
16. ORDINANCE NO. 198-2012
AN ORDINANCE SUPPLEMENTAL TO THE ANNUAL APPROPRIATION ORDINANCE IN CONNECTION WITH THE DISTRICT ATTORNEY. 488-12(OMB)
17. ORDINANCE NO. 199-2012
AN ORDINANCE SUPPLEMENTAL TO THE ANNUAL APPROPRIATION ORDINANCE IN CONNECTION WITH THE HEALTH DEPARTMENT. 489- 12(OMB)
18. ORDINANCE NO. 200-2012
AN ORDINANCE SUPPLEMENTAL TO THE ANNUAL APPROPRIATION ORDINANCE IN CONNECTION WITH THE DEPARTMENT OF SOCIAL SERVICES. 490-12(OMB)
19. ORDINANCE NO. 201-2012
AN ORDINANCE SUPPLEMENTAL TO THE ANNUAL APPROPRIATION ORDINANCE IN CONNECTION WITH THE OFFICE OF REAL ESTATE SERVICES. 491-12(OMB)
20. ORDINANCE NO. 202-2012
AN ORDINANCE SUPPLEMENTAL TO THE ANNUAL APPROPRIATION ORDINANCE IN CONNECTION WITH THE OFFICE OF REAL ESTATE SERVICES. 533-12(OMB) 21. ORDINANCE NO. 203-2012
AN ORDINANCE SUPPLEMENTAL TO THE ANNUAL APPROPRIATION ORDINANCE IN CONNECTION WITH THE OFFICE OF REAL ESTATE SERVICES. 534-12(OMB)
22. RESOLUTION NO. 113-2012
A RESOLUTION APPROVING A FEDERAL-AID PROJECT ADMINISTERED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE COUNTY OF NASSAU TO PARTICIPATE IN THE NON- FEDERAL SHARE OF THE COST OF CONSTRUCTION, AND IN THE COST OF CONSTRUCTION SUPERVISION AND INSPECTION OF THE PROJECT, AND AUTHORIZING THE COUNTY EXECUTIVE OF THE COUNTY OF NASSAU TO EXECUTE AN AGREEMENT, ON BEHALF OF THE COUNTY WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR THE PERFORMANCE OF SUCH WORK FOR THE PROJECT AND FOR THE PARTICIPATION BY THE COUNTY IN THE NON-FEDERAL SHARE OF THE COST OF THE PROJECT, IDENTIFIED AS P.I.N. 0760.05, FOR THE OPERATION OF THE COUNTY’S TRAFFIC MANAGEMENT CENTER IN WESTBURY, NASSAU COUNTY, NEW YORK. 492-12(PW)
23. RESOLUTION NO. 114-2012
A RESOLUTION APPROVING A FEDERAL-AID PROJECT ADMINISTERED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE COUNTY OF NASSAU TO PARTICIPATE IN THE NON- FEDERAL SHARE OF THE COST OF CONSTRUCTION, AND IN THE COST OF CONSTRUCTION SUPERVISION AND INSPECTION OF THE PROJECT, AND AUTHORIZING THE COUNTY EXECUTIVE OF THE COUNTY OF NASSAU TO EXECUTE AN AGREEMENT, ON BEHALF OF THE COUNTY WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR THE PERFORMANCE OF SUCH WORK FOR THE PROJECT AND FOR THE PARTICIPATION BY THE COUNTY IN THE NON-FEDERAL SHARE OF THE COST OF THE PROJECT, IDENTIFIED AS P.I.N. 0760.03, FOR THE INSTALLATION OF AN INCIDENT MANAGEMENT SYSTEM, PHASE 4, ONTO VARIOUS COUNTY ROADS IN NASSAU COUNTY, NEW YORK . 493-12(PW)
24. RESOLUTION NO. 115-2012
A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AN AMENDMENT TO AN INTER-MUNICIPAL AGREEMENT WITH THE VILLAGE OF VALLEY STREAM IN RELATION TO A PROJECT TO UNDERTAKE STORM WATER QUALITY IMPROVEMENTS. 494-12(PW) 25. RESOLUTION NO. 116-2012
A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AND SUBMIT A GRANT APPLICATION WITH THE NEW YORK STATE DEPARTMENT OF STATE, DIVISION OF LOCAL GOVERNMENT SERVICES, FOR FUNDING UNDER THE LOCAL GOVERNMENT PERFORMANCE AND EFFICIENCY PROGRAM. 528-12(PD)
26. RESOLUTION NO. 117-2012
A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AND SUBMIT A GRANT APPLICATION WITH THE NEW YORK STATE DEPARTMENT OF STATE, DIVISION OF LOCAL GOVERNMENT SERVICES, FOR FUNDING UNDER THE LOCAL GOVERNMENT PERFORMANCE AND EFFICIENCY PROGRAM. 529-12(PW/RE)
27. RESOLUTION NO. 118-2012
A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AND SUBMIT A GRANT APPLICATION WITH THE NEW YORK STATE DEPARTMENT OF STATE, DIVISION OF LOCAL GOVERNMENT SERVICES, FOR FUNDING UNDER THE LOCAL GOVERNMENT PERFORMANCE AND EFFICIENCY PROGRAM. 530-12(SH)
28. RESOLUTION NO. 119-2012
A RESOLUTION TO APPOINT DANIEL J. MCCLOY AS A DIRECTOR OF THE NASSAU COUNTY TOBACCO SETTLEMENT CORPORATION PURSUANT TO TITLE 33 OF THE MISCELLANEOUS LAWS OF NASSAU COUNTY. 531-12(LE)
29. RESOLUTION NO. 120-2012
A RESOLUTION APPOINTING BEAUMONT A. JEFFERSON AS A MEMBER OF THE NASSAU COUNTY DEFERRED COMPENSATION BOARD. 518-12(CE)
30. RESOLUTION NO. 121-2012
A RESOLUTION APPOINTING SERGIO A. BLANCO AS A NON-VOTING MEMBER OF THE NASSAU COUNTY DEFERRED COMPENSATION BOARD. 519-12(CE) 31. RESOLUTION NO. 122-2012
A RESOLUTION TO CONFIRM THE COUNTY EXECUTIVE’S APPOINTMENT OF PAUL L. MELI AS A MEMBER OF THE ADVISORY COUNCIL FOR SENIOR CITIZEN AFFAIRS. 520-12(CE)
32. RESOLUTION NO. 123-2012
A RESOLUTION TO CONFIRM THE COUNTY EXECUTIVE’S APPOINTMENT OF OWEN SMITH TO THE NASSAU COUNTY BOARD OF ETHICS. 537-12(CE)
33. RESOLUTION NO. 124-2012 A RESOLUTION APPROVING THE OFFICE OF COMMUNITY DEVELOPMENT’S ANNUAL ACTION PLAN FOR SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 463-12(CD)
34. RESOLUTION NO. 125-2012
A RESOLUTION TO ACCEPT A GIFT OFFERED BY A DONOR TO THE NASSAU COUNTY VETERANS SERVICE AGENCY. 501-12(CE)
35. RESOLUTION NO. 126-2012
A RESOLUTION AUTHORIZING THE COUNTY OF NASSAU ACTING ON BEHALF OF THE DEPARTMENT OF PUBLIC WORKS TO FILE AN APPLICATION FOR FUNDS FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION. 502-12(OMB)
36. RESOLUTION NO. 127-2012
A RESOLUTION AUTHORIZING THE COUNTY OF NASSAU ACTING ON BEHALF OF THE DEPARTMENT OF PUBLIC WORKS TO FILE AN APPLICATION FOR FUNDS FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION. 503-12(OMB)
37. RESOLUTION NO. 128-2012
A RESOLUTION TO AUTHORIZE THE TRANSFER OF APPROPRIATIONS HERETOFORE MADE WITHIN THE BUDGET FOR THE YEAR 2012. 479-12(OMB) 38. RESOLUTION NO. 129-2012
A RESOLUTION TO AUTHORIZE THE TRANSFER OF APPROPRIATIONS HERETOFORE MADE WITHIN THE BUDGET FOR THE YEAR 2012. 480-12(OMB)
39. RESOLUTION NO. 130-2012
A RESOLUTION TO AUTHORIZE THE TRANSFER OF APPROPRIATIONS HERETOFORE MADE WITHIN THE BUDGET FOR THE YEAR 2012. 481-12(OMB)
40. RESOLUTION NO. 131-2012
A RESOLUTION TO AUTHORIZE THE TRANSFER OF APPROPRIATIONS HERETOFORE MADE WITHIN THE BUDGET FOR THE YEAR 2012. 483-12(OMB)
41. RESOLUTION NO. 132-2012
A RESOLUTION TO AUTHORIZE THE TRANSFER OF APPROPRIATIONS HERETOFORE MADE WITHIN THE BUDGET FOR THE YEAR 2012. 484-12(OMB)
42. RESOLUTION NO. 133-2012
A RESOLUTION TO AUTHORIZE THE TRANSFER OF APPROPRIATIONS HERETOFORE MADE WITHIN THE BUDGET FOR THE YEAR 2012. 485-12(OMB)
43. RESOLUTION NO. 134-2012
A RESOLUTION TO AUTHORIZE THE TRANSFER OF APPROPRIATIONS HERETOFORE MADE WITHIN THE BUDGET FOR THE YEAR 2012. 498-12(OMB)
44. RESOLUTION NO. 135-2012
A RESOLUTION TO AUTHORIZE THE TRANSFER OF APPROPRIATIONS HERETOFORE MADE WITHIN THE BUDGET FOR THE YEAR 2012. 499-12(OMB)
45. RESOLUTION NO. 136-2012
A RESOLUTION TO AUTHORIZE THE TRANSFER OF APPROPRIATIONS HERETOFORE MADE WITHIN THE BUDGET FOR THE YEAR 2012. 500-12(OMB) 46. RESOLUTION NO. 137-2012
A RESOLUTION AUTHORIZING AND DIRECTING THE TREASURER OF NASSAU COUNTY TO ASSIGN A CERTAIN TAX LIEN CERTIFICATE IN CONNECTION WITH PREMISES LOCATED IN THE TOWN OF NORTH HEMPSTEAD, SCHOOL DISTRICT 3, SECTION 7, BLOCK 325, LOT 8. 506-12(TR)
47. RESOLUTION NO. 138-2012
A RESOLUTION AUTHORIZING AND DIRECTING THE TREASURER OF NASSAU COUNTY TO ASSIGN A CERTAIN TAX LIEN CERTIFICATE IN CONNECTION WITH PREMISES LOCATED IN THE TOWN OF NORTH HEMPSTEAD, SCHOOL DISTRICT 7, SECTION 2, BLOCK 82, LOT 11. 507-12(TR)
48. RESOLUTION NO. 139-2012
A RESOLUTION AUTHORIZING AND DIRECTING THE TREASURER OF NASSAU COUNTY TO ASSIGN A CERTAIN TAX LIEN CERTIFICATE IN CONNECTION WITH PREMISES LOCATED IN THE TOWN OF NORTH HEMPSTEAD, SCHOOL DISTRICT 3, SECTION 6, BLOCK 76, LOT 74. 508-12(TR)
49. RESOLUTION NO. 140-2012
A RESOLUTION AUTHORIZING AND DIRECTING THE TREASURER OF NASSAU COUNTY TO ASSIGN A CERTAIN TAX LIEN CERTIFICATE IN CONNECTION WITH PREMISES LOCATED IN THE TOWN OF NORTH HEMPSTEAD, SCHOOL DISTRICT 7, SECTION 1, BLOCK 177, LOT 43. 509- 12(TR)
50. RESOLUTION NO. 141-2012
A RESOLUTION AUTHORIZING AND DIRECTING THE TREASURER OF NASSAU COUNTY TO ASSIGN A CERTAIN TAX LIEN CERTIFICATE IN CONNECTION WITH PREMISES LOCATED IN THE TOWN OF HEMPSTEAD, SCHOOL DISTRICT 18, SECTION 52, BLOCK 447, LOT 21. 510-12(TR)
51. RESOLUTION NO. 142-2012
A RESOLUTION AUTHORIZING AND DIRECTING THE TREASURER OF NASSAU COUNTY TO ASSIGN A CERTAIN TAX LIEN CERTIFICATE IN CONNECTION WITH PREMISES LOCATED IN THE TOWN OF HEMPSTEAD, SCHOOL DISTRICT 15, SECTION 40, BLOCK 157, LOT 212. 511-12(TR) 52. RESOLUTION NO. 143-2012
A RESOLUTION AUTHORIZING AND DIRECTING THE TREASURER OF NASSAU COUNTY TO ASSIGN A CERTAIN TAX LIEN CERTIFICATE IN CONNECTION WITH PREMISES LOCATED IN THE TOWN OF HEMPSTEAD, SCHOOL DISTRICT 1, SECTION 35, BLOCK 637, LOT 21. 512-12(TR)
53. RESOLUTION NO. 144-2012
A RESOLUTION AUTHORIZING AND DIRECTING THE TREASURER OF NASSAU COUNTY TO ASSIGN A CERTAIN TAX LIEN CERTIFICATE IN CONNECTION WITH PREMISES LOCATED IN THE TOWN OF OYSTER BAY, SCHOOL DISTRICT NO. 15, SECTION 11, BLOCK 429, LOT 3. 513-12(TR)
NOTICE IS HEREBY GIVEN that the County Executive has executed the following personal service agreements, copies of which are on file with the Clerk of the County Legislature. These agreements are subject to approval or review, by the Rules Committee, and are listed for informational purposes.
County of Nassau acting on behalf of Parks, Rec. & Museums and USA Track and Field- Long Island. RE: Cross Country Running Series. $7,000.00. CI#335-12 R-66-12.
County of Nassau acting on behalf of Parks, Rec. & Museums and GoSports. RE: Soccer Programs. $24,900.00. ID# CQPK12000046-01.
County of Nassau acting on behalf of Parks, Rec. & Museums and New York Grand Lodge Fdn., Inc.. RE: International Music Night. $10,000.00. ID# CQPK12000044-01.
County of Nassau acting on behalf of Traffic Safety Board and Village of Oyster Bay Cove. RE: Selective Traffic Enforcement Program. $1,500.00. ID# CQTS12000032.
County of Nassau acting on behalf of Traffic Safety Board and Village of Old Westbury. RE: Selective Traffic Enforcement Program. $5,500.00. ID# CQTS12000031.
County of Nassau acting on behalf of Traffic Safety Board and Village of Great Neck Estates. RE: Selective Traffic Enforcement Program. $1,500.00. ID# CQTS12000023.
County of Nassau acting on behalf of Traffic Safety Board and Village of Old Brookville. RE: Selective Traffic Enforcement Program. $3,000.00. ID# CQTS12000030.
County of Nassau acting on behalf of Traffic Safety Board and Village of Lake Success. RE: Selective Traffic Enforcement Program. $3,000.00. ID# CQTS12000026.
County of Nassau acting on behalf of Traffic Safety Board and Port Washington Police Department. RE: Selective Traffic Enforcement Program. $2,000.00. ID# CQTS1200033.
County of Nassau acting on behalf of District Attorney and SciART, Inc. RE: PSN Peacemaker Teacher Trainer. $1,500.00. ID#CQDA12000013.
County of Nassau acting on behalf of Parks, Rec. & Museums and Irish American Society of Nassau Suffolk & Queens, Inc. $10,000.00. ID# CQPK12000043-01.
County of Nassau acting on behalf of District Attorney and PSN Partners. RE: PSN-School Violence Prevention. $23,000.00. ID# CQDA12000017.
County of Nassau acting on behalf of Parks, Rec. & Museums and BIFFCO Foundation, Inc. RE: Basketball Programs-Summer Camp. $24,900.00. ID# CQPK12000041-01.
County of Nassau acting on behalf of Parks, Rec. & Museums and BIFFCO Foundation, Inc. RE: Basketball Programs-Summer Camp. $24,900.00. ID# CQPK12000045-01.
County of Nassau acting on behalf of Parks, Rec. & Museums and Plaza Theatrical Productions, Inc. RE: The Producer’s and Cinderella. $6,000.00. ID# CQPK12000042-01.
County of Nassau acting on behalf of Police Department and Nassau Health Care Corporation. RE: OSHA Testing. $.01. ID# CLPD12000004.
County of Nassau acting on behalf of Information Technology and CMA Counseling Services(Currier, McCabe & Associates, Inc.). RE: ERP Software Implementation. $.01. ID# CLIT12000013.
County of Nassau acting on behalf of Traffic & Parking Violation Agency and American Traffic Solutions, Inc. RE: Professional Services. $.01. E-138-12 R-158-12.
County of Nassau acting on behalf of County Executive and Auctions International, Inc. RE: Online Auction Services. $.01. ID# CQCE12000001.
County of Nassau acting on behalf of District Attorney and EAC, Inc. RE: Project Connect. $14,756.08. ID# CQDA12000014.
County of Nassau acting on behalf of OMB and Morgan Stanley & Co. LLC. RE: Public –Private Partnership. $24,750.00. ID# CQBU12000004.
County of Nassau acting on behalf of District Attorney and Long Beach Reach, Inc. RE: Soccer Program for at-risk-youth. $13,367.00. ID# CQDA12000018.
County of Nassau acting on behalf of Public Works and Incorporated Village of Farmingdale. RE: 2006 Environmental Bond Act Park Improvements. $200,000.00. CI# 11-12 R-1-1-2.
County of Nassau acting on behalf of County Attorney and Jaspan Schlesinger, LLP. RE: Special Counsel. $25,000.00. E-63-12 R-62-12.
County of Nassau acting on behalf of County Attorney and Nixon Peabody LLP. RE: Special Counsel. $175,000.00. E-70-12 R-68-12.
County of Nassau acting on behalf of Social Services and Economic Opportunity Commission of Nassau County, Inc. RE: Employment Services. $289,966.00. ID# CQSS12000123.
County of Nassau acting on behalf of Social Services and Salient Corporation. RE: Medicaid Fraud. $43,600.00. E-105-12 R-110-12.
County of Nassau acting on behalf of Real Estate Services and Sidney B. Bowne & Son LLP. RE: Surveying. $9,525.00. E-137-12 r-155-12.
County of Nassau acting on behalf of Parks, Rec. & Museums and Smith & Drake Realty Corp. d/b/a/ Smith & Degroat Real Estate. RE: Landmark Unit Administration. $125,000.00. E-124-12 R-125-12.
County of Nassau acting on behalf of Traffic Safety Board and City of Glen Cove. RE: Selective Traffic Enforcement Program. $9,000.00. ID# CQTS12000022.
County of Nassau acting on behalf of Traffic Safety Board and Village of Rockville Centre. RE: Selective Traffic Enforcement Program. $7,000.00. ID# CQTS12000034.
County of Nassau acting on behalf of Traffic Safety Board and Village of Garden City. RE: Selective Traffic Enforcement Program. $7,000.00. ID# CQTS12000021.
County of Nassau acting on behalf of Information Technology and Tyler Technologies, Inc. CLT Division. RE: ADAPT. $.02. ID# CLIT12000010.
County of Nassau acting on behalf of Health and Nassau Healthcare Corporation. RE: Public Health Services. $131,040.00. ID# CLHE12000002-01.
County of Nassau acting on behalf of Office of Community Development and Pine Neck Consulting-Amendment #2. RE: Personal Services. $80,000.00. ID# CQHI12000011.
County of Nassau acting on behalf of Human Services and Island Trees UF School District. RE: Youth Drug Abuse-Education. $31,193.00.
County of Nassau acting on behalf of Human Services and Jewish Association for Services for the Aged. RE: Case Management. $224,227.00. ID# CQHS1200073.
County of Nassau acting on behalf of Office of Community Development and VHB Engineering, Surveying and Landscape Architecture, P.C. RE: Personal Services $200,000.00. E-73-12 R-133-12.
County of Nassau acting on behalf of Office of Community Development and VHB Engineering, Surveying and Landscape Architecture, P.C. RE: Personal Services. $45,000.00. E-120-12 R138-12.
County of Nassau acting on behalf of Office of Community Development and J.C. Broderick & Associates. RE: Personal Services. $400,000.00. E-78-12 R-135-12.
County of Nassau acting on behalf of Parks, Rec. & Museums and USO of Metropolitan New York. RE: Music Concert. $800.00. ID# CQPK12000036-01.
County of Nassau acting on behalf of Parks, Rec. & Museums and Phil Citron, Inc. RE: Promoter. $22,000.00. ID# CQPK12000037-01.
County of Nassau acting on behalf of Traffic Safety Board and Village of Centre Island. RE: Selective Traffic Enforcement Program. $1,500.00. ID# CQTS12000019.
County of Nassau acting on behalf of Traffic Safety Board and Village of Kensington. RE: Selective Traffic Enforcement Program. $2,000.00. ID# CQTS12000025.
County of Nassau acting on behalf of Traffic Safety Board and Village of Freeport. RE: Selective Traffic Enforcement Program. $6,000.00. ID# CQTS12000020.
County of Nassau acting on behalf of Traffic Safety Board and Village of Hempstead. RE: Selective Traffic Enforcement Program. $7,000.00. ID# CQTS12000024.
County of Nassau acting on behalf of Human Services and Great Neck UF School District #78. RE: Youth Drug Abuse-Education. $73,306.00. ID# CQHS12000097.
County of Nassau acting on behalf of Social Services and Precious Spirit Child Care Center. RE: Day Care Services. $.01. ID# CLSS12000093.
County of Nassau acting on behalf of Medical Examiner and Peter M. farmer, MD. RE: Forensic Neuropathology. $35,000.00. ID# CLME12000001.
County of Nassau acting on behalf of Public Works and The RBA Group New York. RE: Design Service. $117,567.00. E-79-12 R-136-12.
County of Nassau acting on behalf of OMB and Nassau Healthcare Corporation. RE: Occupational Health Services. $.01. E-109-12 R-113-12.
County of Nassau acting on behalf of OHHS and Nassau County Housing. RE: Project Homestead. $197,015.00. ID# CLHI12000014.
County of Nassau acting on behalf of IT/GIS and Digital Provisions, Inc. RE: Data Request. $.01. CQIT12000010.
County of Nassau acting on behalf of Real Estate Services and Bladykas & Panetta LS, PE, PC. RE: Surveying. $2,500.00. ID# CQRE12000006.
County of Nassau acting on behalf of Information Technology and Free Publication Systems, Inc. RE: Video Press Releases. $24,900.00. ID# CQIT12000012.
County of Nassau acting on behalf of Social Services and May Institute. RE: Foster Care/CSE Services. $.01. ID# CLSS12000091.
County of Nassau acting on behalf of Parks, Rec. & Museums and AGoodman Enterprises. RE: Professional Services. $22,750.00. ID# CQPK12000030-01.
County of Nassau acting on behalf of District Attorney and MADD-LONG ISLAND, NY. RE: Awareness Campaign. $.01. ID# CLDA12000005.
County of Nassau acting on behalf of District Attorney and ACISS Systems, Inc. RE: Support Maintenance. $17,991.00. E-127-12 R-148-12.
County of Nassau acting on behalf of County Attorney and Rockville Risk Management Associates, Inc. RE: Claims Management Services. $45,000.00. E-98-12 R-145-12.
County of Nassau acting on behalf of County Attorney and Ryan, Brennan & Donnelly, LLP. RE: Special Counsel. $25,000.00. ID# CQAT12000019.
County of Nassau acting on behalf of County Attorney and Devitt Spellman Barrett, LLP. RE: Special Counsel. $25,000.00. ID# CQAT12000016.
County of Nassau acting on behalf of County Attorney and Sunshine & Feinstein, LLP. RE: Special Counsel. $25,000.00. ID# CQAT12000018.
County of Nassau acting on behalf of Parks, Rec. & Museums and Greater Long Island Running Club. RE: 2nd Annual Run Start Program. $11,750.00. ID# CQPK12000032-01.
County of Nassau acting on behalf of Parks, Rec. & Museums and Korean American Public Affairs Committee. RE: International Music Night. $10,000.00. ID# CQPK12000035-01.
County of Nassau acting on behalf of Parks, Rec. & Museums and Fox Entertainment Incorporated. RE: Promoter. $24,900.00. ID# CQPK12000038-01.
County of Nassau acting on behalf of Parks, Rec. & Museums and Fox Entertainment Incorporated. RE: Promoter. $24,900.00. ID# CQPK12000039-01.
County of Nassau acting on behalf of Parks, Rec. & Museums and Hicksville Historical Society. RE: Hicksville Historical Society. $.01. ID# CLPK12000013-01.
County of Nassau acting on behalf of Parks, Rec. & Museums and Greenlawn Animal Hospital. RE: Veterinary Service. $4,500.00. ID# CQPK12000029-01.
County of Nassau acting on behalf of ARC and Lawrence Indimine Consulting Corp. RE: Property Inspection and Valuation. $.01. ID# CLAR12000003.
County of Nassau acting on behalf of ARC and J.A. Cowan & Assoc. RE: Property Inspection and Valuation. $.01. ID# CLAR12000004.
County of Nassau acting on behalf of Police and C&R Automotive d/b/a AAAA-1 Auto and Towing. RE: County Impound and Towing. $2,000.00. E-128-12 R-149-12. County of Nassau acting on behalf of District Attorney and National Association for the Advancement of Colored People (N.A.A.C.P.) RE: Back to School/Stay in School Program. $1,831.20. ID# CQDA12000015.
County of Nassau acting on behalf of Emergency Management and Nassau County Vocational Education and Extension Board. RE: Planning and Training. $.01. ID# CLEM12000002.
County of Nassau acting on behalf of Probation and Diocese of Rockville Centre. RE: Chaplaincy. $2,000.00. E-102-12 R-107-12.
County of Nassau acting on behalf of District Attorney and Fund for the City of New York Center for Court Innovation. RE: Resource Coordinating. $79,145.00. E-104-12 R-109-12.
County of Nassau acting on behalf of Social Services and Long Beach Reach, Inc. RE: Prevention Services. $35,000.00. E-122-12 R-123-12.
County of Nassau acting on behalf of County Attorney and Microtrace, LLC. RE: Expert Witness. $22,500.00. ID# CLAT12000011.
County of Nassau acting on behalf of Social Services and Nassau Health Care Corporation. RE: Nurses. $300,000.00. ID# CLSS12000090.
County of Nassau acting on behalf of County Attorney and Excel Claims Service, Inc. RE: Property Damage Assessment and Evaluation. $.01. E-101-12 R-106-12.
County of Nassau acting on behalf of OHHS and Long Island Coalition for the Homeless. RE: HMIS. $900.00. ID# CQHI12000019.
County of Nassau acting on behalf of Health and Cost Management Services, Inc. RE: Medicaid Billing Services for Preschool Special Education. $99,330.00. E-103-12 R-108-12.
County of Nassau acting on behalf of Parks, Rec. & Museums and Friends of Nassau County BaileyArbortorium. RE: Friends of Bailey Arboretum. $.01. ID# CLPK12000012-01.
County of Nassau acting on behalf of Parks, Rec. & Museums and Jewish Community Relations Council of New York. RE: International Music Night. $10,000.00. ID# CQPK12000031-01.
County of Nassau acting on behalf of Information Technology and BICITIS Group, Inc. RE: Supplemental Staffing. $100,000.01. E-123-12 R-124-12.
County of Nassau acting on behalf of Traffic Safety Board and Village of Lynbrook. RE: Selective Traffic Enforcement Program. $6,000.00. ID# CQTS12000028.
County of Nassau acting on behalf of Traffic Safety Board and Village of Malverne. RE: Selective Traffic Enforcement Program. $3,500.00. ID# CQTS12000029.
County of Nassau acting on behalf of Traffic Safety Board and City of Long Beach. RE: Selective Traffic Enforcement Program. $9,000.00. ID# CQTS12000027.
County of Nassau acting on behalf of Traffic Safety Board and DEDICATTEDD, Inc. RE: Alcohol Education. $35,000.00. ID# CQTS12000001.
County of Nassau acting on behalf of Office of Community Development and Circulo de la Hispanidad. RE: CDBG-Non-Profit. $250,000.00. ID# CQHI12000020.
County of Nassau acting on behalf of Office of Community Development and Murtha Construction Inc. RE: Lead. $400,000.00. E-135-12 R-154-12.
County of Nassau acting on behalf of Department of Human Services and Family and Children’s Association. RE: Weatherization Client Outreach. $146,195.00. ID# CQHS12000070.
County of Nassau acting on behalf of Social Services and Long Island Council of Churches. RE: Emergency Food Services. $100,000.00. ID# CLSS12000094.
THE NASSAU COUNTY LEGISLATURE WILL CONVENE NEXT
COMMITTEE MEETINGS MONDAY SEPTEMBER 10, 2012 at 1:00PM AND FULL LEGISLATURE MEETING
MONDAY SEPTEMBER 24, 2012 at 1:00PM