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THIRTEENTH DAY
REGULAR
MEETING
August
24, 1999
Minutes of the Regular Meeting of the County
Legislature of Suffolk County, New York, held in the County Center, Riverhead,
New York, at 9:30 a.m., pursuant to notice duly given.
The meeting was called to order at 9:43 a.m. by Presiding Officer
Hackeling. The Clerk called the
roll and the following were found present:
Legislators Caracciolo, Guldi, Towle, Caracappa, Levy, Rizzo, Alden,
Carpenter, Holst, Bishop, Binder, and Tonna.
Legislators *Fisher, *Haley, *Foley, *Postal, and
*D’Andre being absent.
Pledge of Allegiance followed by invocation,
followed by a moment of silence.
Legislator Carpenter asked for a moment of silence to celebrate the life
and to mark the passing of Carol Gibson.
She had served for many years as the Chairperson of the Commissioner’s
Social Services Citizens Advisory Board.
Members of the Health and Human Services Committee for years noted that
Carol was always there present advocating for those who could not advocate for
themselves, was responsible for putting together the hospitality and the food
pantry at Saint Patrick’s Church in Bay Shore.
*
9:44 a.m. - Legislator Postal arrived.
*
9:55 a.m. - Legislator Fisher arrived.
*10:02
a.m. - Legislator Foley arrived.
*10:20
a.m. - Legislator D’Andre arrived.
*11:40
a.m. - Legislator Haley arrived.
COMMUNICATIONS:
Suffolk County Executive Pro Forma Resolutions:
No. 104-99 -
Accepting and appropriating an unconditional gift of one Trek Police Special
bicycle with accessories valued at $700.00 on behalf of the Suffolk County
Police Department.
No. 105-99 -
Accepting and appropriating Federal asset forfeiture fund on behalf of the
Suffolk County Police Department from the Internal Revenue Service and U.S.
Customs in the amount of $22,679.15.
Accepting and appropriating Federal asset
forfeiture funds on behalf of the Suffolk County Sheriff’s Department, from the
U.S. Department of the Treasury, in the amount of $208.44.
Suffolk County Department of Planning, Council on
Environmental Quality (CEQ):
CEQ Review of the Proposed Acquisition of the
John P. Cohalan Court Complex by Suffolk County, and Sale of a Portion Thereof
to the Suffolk County Judicial Facilities Agency.
Vincent Iaria, Director, SC Probation Department:
Study of the Safety Valve Bail Program for the County of Suffolk.
Suffolk County Community College:
Minutes of the Board of Trustees meeting held on June 22, 1999.
Fleet Bank as Investment Manager:
Statement for the Vanderbilt Museum Trust Fund for the period July 1-31, 1999.
PUBLIC
HEARINGS:
PUBLIC HEARING regarding
Intro. No. 1748-99--Adopting Local Law No.
-1999, a local law to reform anti-cancer pest control measures for Suffolk
County properties by pesticide use reduction plan.
CLOSED.
PUBLIC HEARING regarding
Intro. No. 1751-99--Adopting Local Law No.
-1999, a local law to enhance protection of drinking water by amending the
Suffolk County Code, adding new Chapter 490 to prohibit dumping in the Pine
Barrens and provide for criminal penalties for offenses.
CLOSED.
PUBLIC HEARING regarding
Intro. No. 1779-99--Adopting Local Law No.
-1999, a local law to prohibit sale of pipe bomb materials to minors in Suffolk
County.
CLOSED.
PUBLIC HEARING regarding
Intro. No. 1810-99--Adopting Local Law No.
-1999, a charter law to establish new moratorium against expansion at Gabreski
Airport.
CLOSED.
PUBLIC HEARING regarding
Intro. No. 1887-99--Adopting Local Law No.
-1999, a charter law amending tax check-off system to allow partial County
funding for County elections.
CLOSED.
Presiding Officer Hackeling announced that a
public hearing would be held on September
14, 1999, at 2:30 p.m., in Riverhead, New York, for the following:
PUBLIC HEARING regarding
Intro. No. 1886-99--Adopting Local Law No.
-1999, a local law reforming seizure of personal property used in connection
with or constituting the proceeds of crimes and reallocating the proceeds
thereof to victims of crime.
Mr. Guldi offered the following resolution,
seconded by Mr. Binder. On a roll
call vote: 15 Legislators in favor;
2 opposed, Mr. Levy and Mr. Rizzo; 1 abstention, Mr. Alden.
Intro. Res. No.
1735A-99
83799-31661P
BOND RESOLUTION NO. 817 OF 1999
A
RESOLUTION
AUTHORIZING THE
ISSUANCE OF $200,000 SERIAL
BONDS OF THE COUNTY OF SUFFOLK, NEW YORK, TO
PAY PART OF THE COST OF THE RESTORATION OF SAMMIS BEACH (CP 5302).
WHEREAS, the capital project hereinafter
described has been duly approved in the adopted capital budget for the current
fiscal year; and
WHEREAS, the plan for the financing of
the maximum estimated cost of such capital project, as hereinafter set forth in
this resolution, is in conformity with such capital budget; and
WHEREAS, all conditions precedent to the
financing of the capital project hereinafter described, including compliance
with the provisions of the State Environmental Quality Review Act, have been
performed; and
WHEREAS, it is now desired to authorize
the financing of such capital project; NOW, THEREFORE BE IT
RESOLVED, by the County Legislature of
the County of Suffolk, New York, as follows:
Section 1.
The specific object or purpose to be financed pursuant to this resolution is
paying part of the cost of the restoration of Sammis Beach (CP 5302).
Section 2. The maximum estimated cost of such specific
object or purpose is $400,000, and the plan for the financing thereof is as
follows:
a) By the
issuance of the $200,000 serial bonds of said County
authorized to be issued pursuant to this bond resolution; and
b) By the
expenditure of $100,000 monies of said County received as State aid, which
monies are hereby appropriated therefor; and
c) By the
expenditure of $100,000 monies to be provided by the Town of East Hampton.
Section 3. It
is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is fifteen years, pursuant to subdivision 19(c) of
paragraph a of Section 11.00 of the Local Finance Law.
Section 4.
This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2.
Other than as specified in this resolution, no monies are, or are reasonably
expected to be, reserved, allocated on a long-term basis, or otherwise set aside
with respect to the permanent funding of the object or purpose described herein.
Section 5.
The faith and credit of said County of Suffolk, New York, are hereby irrevocably
pledged for the payment of the principal of and interest on such bonds as the
same respectively become due and payable.
An annual appropriation shall be made in each year sufficient to pay the
principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real
property of said County, a tax sufficient to pay the principal of and interest
on such bonds as the same become due and payable.
Section 6.
The validity of such bonds and any bond anticipation notes issued in
anticipation thereof may be contested only if:
1) Such
obligations are authorized for an object or purpose for which
said County is not authorized to expend money, or
2) The
provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied
with,
and an action, suit
or proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
3) Such
obligations are authorized in violation of the provisions of
the Constitution.
Section 7.
This resolution, which takes effect immediately, shall be published in full in
the official newspapers of said County, together with a notice of the Clerk of
the County Legislature in substantially the form provided in Section 81.00 of
the Local Finance Law.
DATED: August 24,
1999
APPROVED BY:
/s/ Robert J. Gaffney
County Executive of Suffolk County
Date of Approval: September 7, 1999
Mr. Guldi offered the following resolution, seconded by Mr.
Binder and duly adopted with the following recorded vote:
15 Legislators in favor; 2 opposed, Mr. Levy and Mr. Rizzo; 1 abstention, Mr.
Alden.
Intro. Res. No.
1735-99
Laid on the Table 6/29/99 Introduced by
Legislator Guldi
RESOLUTION NO. 818 - 1999, AMENDING THE ADOPTED 1999
CAPITAL BUDGET AND PROGRAM AND APPROPRIATING FUNDS IN CONNECTION WITH SAMMIS
BEACH, TOWN OF EAST HAMPTON
WHEREAS, it is necessary to fund the
restoration of Sammis Beach, East Hampton, for which there is currently an
ongoing dredging project; and
WHEREAS, the Adopted 1999 Capital Budget
and Program does not include any funding for this purpose; and
WHEREAS, the County Legislature, by
resolution of even date herewith, has authorized the issuance of Two Hundred
Thousand ($200,000) Dollars in
Suffolk County Serial Bonds for this purpose; and
WHEREAS, the Town of East Hampton and
the State of New York are each willing to contribute $100,000 to the cost of
such project ; and
WHEREAS, Local Law No. 37-1999 requires
an offset on amendments only when
there is no prior commitment of State or federal funding of at least fifty per
cent (50%) of the estimated cost; now, therefore, be it
1st
RESOLVED, that the 1999
Capital Budget and Program be and it hereby is amended as follows:
Project:
5302
Project Title: Restoration of
Sammis Beach, East Hampton
Current 1999
Revised 1999
Total
Budget &
Budget &
Cost Elements
Estimated Cost
Program
Program
1.
Site Improvements
$400,000.00
$0
$200,000.00B
$100,000.00S
$100,000.00L
6. Total
$400,000.00
$0
$400,000.00
and be it further
2nd
RESOLVED, that the proceeds
of $200,000 in Suffolk County Serial Bonds, $100,000 in state aid, and $100,000
in local town share authorized by resolution of this same date be and they
hereby are appropriated as follows:
Project No.
Project Name
Amount
525-CAP-CAP-53016
Restoration of Sammis Beach
Ref. No. 525-5302.410
Town of East Hampton $400,000.00
and be it further
3rd
RESOLVED, that the County
Department of Public Works is hereby authorized, empowered, and directed,
pursuant to Section 8-2(X) of the SUFFOLK COUNTY CHARTER, to
take such measures as shall be necessary and appropriate to effectuate the beach
restoration; and be it further
4th
RESOLVED, that this
Legislature, being the State Environmental Quality Review Act (SEQRA) lead
agency, hereby finds and determines that this Resolution constitutes a Type II
action pursuant to Section 617.5(d)(21) of the NEW YORK CODE OF RULES AND
REGUALTIONS (NYCRR), and within the meaning of Section 8-0109(2) of the NEW YORK
ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules,
policies, procedures, and legislative decisions in connection with continuing
agency administration, management, and information collection and the Suffolk
County Council on Environmental Quality (CEQ) is hereby directed to circulate
any appropriate SEQRA notices of determination of non-significance in accordance
with this Resolution.
DATED: August 24,
1999
APPROVED BY:
/s/ Robert J. Gaffney
County Executive of Suffolk County
Date of Approval: September 7, 1999
Mr. D’Andre offered the following resolution, seconded by Mr.
Rizzo and duly adopted with the following recorded vote:
16 Legislators in favor; 0 opposed; 1 abstention, Ms. Fisher; 1 absent,
Mr. Caracappa.
Intro. Res. No.
1809-99
Laid on the Table 8/10/99 Introduced by
Legislator D'Andre and Legislators Rizzo, Levy, Guldi, Carpenter, Holst,
Postal, Bishop, Towle,
Caracciolo, Haley, Foley, Alden, Binder, Tonna, Hackeling
RESOLUTION NO. 819-1999, RENAMING LOBBY IN EVANS
K. GRIFFING BUILDING IN RIVERHEAD AS LOU GRASSO LOBBY
WHEREAS, Lou Grasso served for many
years as a strong proponent for independent thinking, honest reporting of public issues, and truth and accuracy in
reporting local news; and
WHEREAS, the members of the Suffolk
County Legislature wish to show their sincere respect and admiration for Lou
Grasso for his straightforward character and his gentle manner in dealing with
people; now, therefore be it
RESOLVED, that the lobby on the first
floor of the Evans K. Griffing Building, colloquially known as the Suffolk
County Center, in Riverhead, is hereby renamed "The Lou Grasso Lobby"; and be it
further
RESOLVED, that the Commissioner of the
County Department of Public Works, pursuant to Section 8-2(X) of the SUFFOLK
COUNTY CHARTER, is hereby authorized, empowered, and directed to take such
action as shall be necessary to install appropriate signs so designating said
lobby in the Evans K. Griffing Building, colloquially known as the Suffolk
County Center, in Riverhead, as "The Lou Grasso Lobby".
DATED: August 24,
1999
APPROVED BY:
/s/ Robert J. Gaffney
County Executive of Suffolk County
Date of Approval: September 7, 1999
Mr. Levy offered the following resolution, seconded by Ms.
Fisher. On a roll call vote: 10 Legislators in favor; 4 opposed, Mr.
Towle, Mr. Haley, Mr. Rizzo, and Mr. Binder; 3 abstentions, Mr. Caracappa, Mrs.
Carpenter, and Mr. Holst; 1 absent, Mr. Guldi.
Intro. Res. No.
1778-99
Laid on the Table 7/29/99 Introduced by
Legislator Levy and the Presiding Officer at the request of the County Executive
RESOLUTION NO.
820-1999, ADOPTING LOCAL LAW NO.
- 1999, A CHARTER LAW AMENDING TAX CHECK-OFF SYSTEM FOR PUBLIC FINANCING
OF COUNTY ELECTIONS TO ALLOW PARTIAL COUNTY FUNDING
WHEREAS, there was duly presented and
introduced to this County Legislature at a regular meeting held on
1999, a proposed local law entitled, "A
CHARTER LAW AMENDING TAX CHECK-OFF SYSTEM
FOR PUBLIC FINANCING OF COUNTY ELECTIONS TO ALLOW PARTIAL COUNTY FUNDING",
and said local law in final form is the same as when presented and introduced;
now, therefore, be it
RESOLVED, that said local law be enacted
in form as follows:
LOCAL LAW NO. -1999, SUFFOLK COUNTY, NEW YORK
A CHARTER LAW AMENDING TAX CHECK-OFF SYSTEM FOR
PUBLIC FINANCING OF COUNTY ELECTIONS TO ALLOW PARTIAL COUNTY FUNDING
BE IT ENACTED BY THE COUNTY LEGISLATURE OF
THE COUNTY OF SUFFOLK, as follows:
Section 1.
Legislative Intent.
This Legislature hereby finds and determines that Local Law
25-1998, A Charter Law Authorizing Public Financing of County Election Campaigns
with Tax Check-off System and Ethics Reform for Campaign Financing did not
include all county-wide offices.
This Legislature further finds and determines that in order to
effectuate the true intent of this legislature those county-wide offices omitted
from the original local law must be included.
This Legislature further finds and determines that recommendations have been made by the Suffolk County Campaign Finance Board to convert Local Law 25, 1998, “A Charter La |