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