August 24, 1999, Regular Meeting, Riverhead

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 Law Authorizing Public Financing of County Election Campaigns with Tax Check-of System and Ethics Reform for Campaign Financing,” from a purely voluntary check-off system of financing into a partial County-financed system for County election campaigns.

Therefore, the purpose of this legislation is to amend the existing local law to incorporate the above changes.

Section 2. Amendment.

Article XL of the Suffolk County Charter is hereby amended to read as follows:

Article XL. Public Financing.

* * * * * *

Section 40-2. Eligibility for Public Financing.

A.) To be eligible for optional financing under this Article, a candidate for nomination for election, or election, shall:

1.) meet all the requirements of law to have his or her name on the ballot;

2.) be a candidate for a term as a member of the Suffolk County Legislature, or to the office of County Executive, County Comptroller, County Treasurer, Sheriff, County Clerk, or District Attorney in a primary or general election;

3.) choose to participate in the public funding provisions of this Article by filing a written certification in such form as may be pre scribed by the Board, which sets forth his or her acceptance of and agreement to comply with the terms and conditions for the provision of such funds, such certification to be filed with the Board no later than the tenth (10th) day after the filing of a sworn verified statement pursuant to §14-112 of the NEW YORK ELECTION LAW that such candidate has authorized a political committee to aid or take part in an election, or the first day of April in the year in which the election for which he or she seeks to be qualified as an eligible candidate is held, whichever occurs first. If such certification has been filed for nomination for election to an office in a primary election, no additional certification shall be required for nomination for election, or election, to such office in any other election held in the same calendar year.

4.) obtain and furnish the Board any information it may request relating to his or her campaign expenditures or contributions and furnish such documentation and other proof of compliance with this Article as may be requested by such Board;

5.) notify the Board as to the existence of each authorized committee authorized by such candidate, whether any such committee has been so authorized by any other candidate, and, if the candidate has authorized more than one authorized committee, notify the Board as to which authorized committee has been designated by the candidate pursuant to paragraph (E) of this Section;

6.) state that, except as is otherwise provided in subdivision seven (7) of this paragraph, such candidate and the authorized committees of such candidate have not accepted and agree not to accept any contribution or contributions from any one individual, corporation, partnership, political committee, employee organization, or other entity for each election in which he or she seeks to be qualified as an eligible candidate which in the aggregate: for a term as a member of the Suffolk County Legislature, shall exceed the sum of One Thousand Dollars ($1,000.00); or to the office of County Executive, shall exceed the sum of Two Thousand Five Hundred Dollars ($2,500.00); County Comptroller, shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.00); County Treasurer, shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.00); Sheriff, shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.00; County Clerk, shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.00); or District Attorney shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.00). If State law prescribes a contribution limitation of a lesser amount, this paragraph shall not be deemed to authorize acceptance of a contribution in excess of such lesser amount. The maximum contribution set forth in this subdivision shall be adjusted in accordance with paragraph (F) of this Section;

7.) state, if such candidate and the authorized committees of such candidate have accepted any contribution or contributions from any one individual, corporation, partnership, political committee, employee organization, or other entity, prior to the effective date of this law which in the aggregate exceed the maximum contribution applicable pursuant to subdivision (6) of this paragraph; that such candidate and such authorized committees have not, subsequent to the effective date of this law, spent, and agree not to spend for such nomination for election, or election, any portion of any contributions from any one individual, corporation, partnership, political committee, employee organization, or other entity to the extent that such portion exceeds the maximum contribution applicable pursuant to subdivision (6) of this paragraph. Any contribution made prior to the effective date of this law shall not be deemed a matchable contribution or threshold contribution for purposes of this Article for any election held in the year 2002 or thereafter;

8.) state that he or she has not made and agrees not to make expenditures from or use his or her personal funds or property or the personal funds or property of his or her spouse or unemancipated children in connection with his or her nomination for election, or election, except as a contribution to his or her authorized committee designated pursuant to paragraph (E) of this Section in an amount that does not exceed the maximum contribution amount applicable pursuant to subdivision (6) of this paragraph; and

a.) that such candidate and the authorized committees of such candidate have not and agree not to exceed the applicable expenditure limitations set forth in Section 40-5 of this Article;

b.) the threshold for eligibility for public funding for candidates in a primary or general election shall be in the case of:

i.) member of the County Legislature, not less than Five Thousand Dollars ($5,000.00) in threshold contributions including at least fifty (50) such contributions in the amount of Ten Dollars ($10.00) or more;

ii.) County Executive, not less than Seventy-five Thousand Dollars ($75,000.00) in threshold contributions, including at least five hundred (500) such contributions in the amount of Ten Dollars ($10.00) or more;

iii.) County Comptroller, not less than Thirty Thousand Dollars ($30,000.00) in threshold contributions, including at least three hundred (300) such contributions in the amount of Ten Dollars ($10.00) or more;

iv.) County Treasurer, not less than Thirty Thousand Dollars ($30,000.00) in threshold contributions, including at least three hundred (300) such contributions in the amount of Ten Dollars ($10.00) or more; and

v.) District Attorney, not less than Thirty Thousand Dollars ($30,000.00) in threshold contributions, including at least three hundred (300) such contributions in the amount of Ten Dollars ($10.00) or more;

vi. Sheriff, not less than Thirty Thousand Dollars ($30,000.00) in threshold contributions, including at least three hundred (300) such contributions in the amount of Ten Dollars ($10.00) or more; and

vii.) County Clerk, not less than Thirty Thousand Dollars ($30,000.00) in threshold contributions, including at least three hundred (300) such contributions in the amount of Ten Dollars ($10.00) or more;

c.) any candidate meeting the threshold for eligibility in a primary election for one of the foregoing offices shall be deemed to have met the threshold for such office in any other election held in the same calendar year.

B.) In order to be eligible to receive public funds in a primary election, a candidate must agree that in the event he or she is a candidate for such office in any other election held in the same calendar year, that he or she will be bound in each such other election by the eligibility requirements and all other provisions of this Article.

C.) Candidates who are contested in a primary election for nomination for election to office and who do not file a written certification pursuant to subdivision (3) of paragraph (A) of this section shall not be eligible for public funds for any election to such office held in the same calendar year.

D.) Candidates who are unopposed in an election shall not be eligible to receive public funds for such election.

E.) Each candidate shall designate his or her authorized committee, or if he or she has more than one authorized committee, a single authorized committee, to receive public funds pursuant to this Article and report, to the best of its knowledge, to the Board every contribution, loan, guarantee, or other security for such loan received by the candidate, such authorized committee and any other authorized committee of such candidate, the full name, residential address, occupation, employer, and business address of each individual, corporation, partnership, political committee, employee organization or other entity making, or which is the intermediary for, such contribution, loan, guarantee, or other security for such loan and every expenditure made by the candidate, such authorized committee and any other authorized committee of such candidate, including expenditures not subject to Section 40-5 of this Article. Such reports shall be submitted at such times and in such form as the Board shall require.

F.) Not later than the first day of March in the year 2000 and every fourth year thereafter the Board shall determine the percentage difference between the average over a calendar year of the GNP Price Deflator published by the United States Bureau of Labor Statistics for the twelve (12) months immediately preceding the beginning of such calendar year and the average over the calendar year 1998 of such GNP Price Deflator; adjust each maximum contribution applicable pursuant to subdivision (6) of Paragraph (A) of this section by the amount of such percentage difference to the nearest Fifty Dollars ($50.00); and publish such adjusted maximum contribution for three (3) consecutive weeks in the official County and Town newspapers designated by the Suffolk County Legislature. Such adjusted maximum contribution shall be in effect for any election held before the next such adjustment.

G.) In order to be eligible to receive public funds in a primary or general election, a candidate must agree via written certification to the Board that in the event he or she is a candidate for such office in any other election held in the same calendar year, that he or she will agree via written certification to the Board not to accept donations from political action committees, lobbyists, or firms doing business or proposing to do business with the County of Suffolk, and be bound in each such other election by the eligibility requirements and all other provisions of this Article.

H.) In order to be eligible to receive public funds, a candidate must raise at least Five Thousand Dollars ($5,000.00) by August 15th for the office for which he or she is a candidate in the year in which such election shall be held and may not raise any moneys for such election from November 1st through December 31st of the year in which such election is held.

* * * * * *

Section 40-4. Optional Public Financing.

* * * * * *

C.) In the event that the authorized committee designated by an eligible candidate has obtained, and reported to the Board in accordance with the provisions of this Article, contributions equal to at least the threshold for eligibility established by Section 40-2(A)(8)(b) of this Article, then the authorized committee shall receive payment for qualified campaign expenditures equivalent to twice the amount of said threshold for eligibility for the office for which such candidate seeks nomination for election, or election, plus $50,000.00 additional funds for the office of County Executive and $10,000.00 additional funds for the office of County Treasurer, County Comptroller, Sheriff, County Clerk, or District Attorney. No contribution, contributions, or portion of a contribution or contributions, exceeding Five Hundred Dollars ($500.00) made by a person, including unemancipated children of such person, may be used as either a threshold contribution or a matchable contribution, or both, in any one election. In the event that there are insufficient funds available to cover all campaigns, then such funds shall be allocated first to fully fund to the maximum extent possible the election to the office of County Executive, and the office of County Legislator on a pro-rata basis. If such campaigns are fully funded in accordance with limitations of this law, then the campaigns for remaining offices of District Attorney, County Treasurer, Sheriff, County Clerk, and County Comptroller shall be funded on a pro rata basis.

* * * * * *

Section 40-5. Expenditure Limitations.

A.) The following limitations shall apply to all expenditures made by a candidate and his or her authorized committees on or after the first day of January immediately preceding the election for which such candidate chooses to participate in the public funding provisions of this Article throughout the pertinent term of office to which such limitation is applied, and to expenditures made at any time prior to such date for services, materials, facilities, advertising or other things of value received, rendered, published, distributed, or broadcast on or after such date throughout the pertinent term of office to which such limitation is applied.

1.) In each general election, expenditures by an eligible candidate for one of the following offices and his or her authorized committees shall not exceed the following amounts:

County Executive: $ 500,000.00

Legislator: $ 30,000.00

County Comptroller: $ 200,000.00

County Treasurer: $ 200,000.00

District Attorney: $ 200,000.00

Sheriff $ 200,000.00

County Clerk $ 200,000.00

2.) In each primary election, expenditures by an eligible candidate for one of the following offices and his or her authorized committees shall not exceed the following amounts:

County Executive: $ 300,000.00

Legislator: $ 15,000.00

County Comptroller: $100,000.00

County Treasurer: $100,000.00

District Attorney: $100,000.00

Sheriff $100,000.00

County Clerk $100,000.00

Expenditures by eligible candidates in a primary election made prior to or on the date of such primary election shall be deemed to have been made for such primary election.

B.) The following limitations shall apply to all expenditures made by a candidate and his or her authorized committees in the calendar year preceding the year of the election for which such candidate chooses to participate in the public funding provisions of this Article and to expenditures made at any time prior to such date for services, materials, facilities, advertising or other things of value received, rendered, published, distributed, or broadcast in such calendar year. Such expenditures by such a candidate for one of the following offices and his or her authorized committees shall not exceed the following amounts:

County Executive: $ 300,000.00

Legislator: $ 10,000.00

County Comptroller: $ 30,000.00

County Treasurer: $ 30,000.00

District Attorney: $ 30,000.00

Sheriff $ 30,000.00

County Clerk $ 30,000.00

Section 40-7. Campaign Finance Board.

A.) The Suffolk County Campaign Finance Board is hereby created consisting of five (5) members. Two (2) members of the Board shall be appointed by the County Executive, subject to confirmation by the County Legislature, provided that not more than one (1) such member shall be enrolled in any one (1) political party, one (1) member shall be appointed by the Presiding Officer of the Suffolk County Legislature, and one (1) member shall be selected by the Minority Leader (of the largest Minority Party in the County Legislature measured by the number of County Legislators) of the County Legislature, provided that not more than one (1) such member shall be enrolled in any one (1) political party, and one (1) member, who shall be the chairperson, shall be appointed by the County Executive with the concurrence of the [Pre siding] Presiding Officer. The members shall initially be appointed to serve as follows:

1.) one (1) member appointed by the Presiding Officer for a term of one (1) year representing a widely recognized and acknowledged civic group;

2.) one (1) member appointed by the County Executive for a term of two (2) years representing someone widely recognized and acknowledged within the academic community;

3.) one (1) member appointed by the Minority Leader of the Largest Minority Party in the County Legislature, measured by the number of County Legislators, for a term of three (3) years;

4.) one (1) member appointed by the County Executive for a term of four (4) years; and

5.) the chairperson for a term of five (5) years, selected by the County Executive with the concurrence of the Presiding Officer.

Each term shall commence on January 1, 1999. Thereafter, each member shall be appointed for a term of five (5) years by the County Executive or the Presiding Officer, according to the original manner of appointment. In case of a vacancy in the office of a member, a member shall be appointed to serve for the remainder of the unexpired term by the County Executive or Presiding Officer of the Legislature, as the case may be. Each member shall be a resident of the County of Suffolk, registered to vote therein. No member shall make contributions to any candidate for nomination for election, or election, to the office of legislator, County Executive, County Comptroller, County Treasurer, Sheriff, County Clerk and District Attorney which, in the aggregate, are in excess of the maximum contribution applicable to such office pursuant to Section 40-2(A)(6) of this Article. No member shall serve as an officer of a political party; be a candidate or participate in any capacity in a campaign by a candidate for nomination for election or election to the office of legislator, County Executive, County Comptroller, County Treasurer, Sheriff, County Clerk or District Attorney; or be a County employee.

* * * * * *

Section 40-8. Suffolk County Campaign Finance Fund.

A.) There is hereby established a special fund, to be known as the Suffolk County Campaign Finance Fund. The moneys in such Fund may be expended by the Board only as payments for eligible candidates in accordance with the provisions of this Article.

B.) The Fund shall be kept in separate interest-bearing ac counts and shall be credited with all sums appropriated therefor, any donations received pursuant to paragraph (I) of this Section, and all earnings accruing on such funds.

C.) As soon as practicable, but no later than December 31, 2000, and in time for inclusion in the County's Operating Budget in every year thereafter, and at such other times as the Board shall deem necessary, the Board shall submit its estimate of the amount of public funds which will be necessary to provide candidates sufficient financing for elections in the next year in which elections are scheduled pursuant to the SUFFOLK COUNTY CHARTER and for elections to fill vacancies to be held prior to such year, and a reserve for contingencies. Such estimates shall be submitted in such manner and at such times as to ensure that such amounts as shall be necessary may be appropriated in full by the beginning of the fiscal year in which elections are scheduled pursuant to the SUFFOLK COUNTY CHARTER and that additional amounts may be appropriated as necessary. These funds shall be generated [solely through the voluntary check-off system described in paragraph (J) of this Section. No County tax revenue shall be appropriated to this fund other than those revenues generated by the voluntary check-off system.] from voluntary contributions to the fund as well as appropriations from County tax revenues.

D.) The moneys in such Fund shall be paid to candidates by the Board upon its certification that such candidates qualify for such funds.

E.) No moneys shall be paid to candidates in a primary election any earlier than two (2) weeks after the last day to file designating petitions for such primary election.

F.) No moneys shall be paid to candidates in a general election any earlier than the day after the day of the primary election held to nominate candidates for such election.

G.) No moneys shall be paid to any candidate who has been disqualified or whose designating or nominating petitions have been declared invalid by the Suffolk County Board of Elections or a court of competent jurisdiction until and unless such decision is reversed. Any payment from the fund in the possession of such a candidate or his or her authorized committees on the date of such disqualification or invalidation may not thereafter be expended for any purpose except the payment of liabilities incurred in qualified campaign expenditures before such date and shall be repaid to the Fund. If such decision is reversed, the Board shall return such funds to such candidate or authorized committees and such funds may be expended as provided pursuant to this Article.

H.) Prior to the first distribution of public funds to candidates in any election, the Board shall make a determination whether the moneys in the Fund are sufficient to provide all candidates the amounts they may receive pursuant to this Article for all elections to be held during the calendar year for which such determination is made. Such determination shall be published once in the official County and Town newspapers designated by the County Legislature. If the Board determines that such moneys are or may be less than such amounts, the Board shall submit to the County Legislature and County Executive an estimate pursuant to paragraph (C) of this Section and [the County Executive may propose to the County Legislature a modification of the expense budget] in accordance with the provisions of the SUFFOLK COUNTY CHARTER to provide such funds [in whole or in part] in an amount not to exceed One Dollar ($1.00) times the total number of taxable parcels in Suffolk County as exists on the records of the Suffolk County Real Property Tax Service Agency as of December 31 of the immediately prior calendar year. The Board shall first apply all moneys as are available to payments for eligible candidates in the next election following such determination subject to the priority in Section 40-4 (C) of this Article. If the moneys allocated for payments for eligible candidates in any election are less than the amount the Board estimates is necessary to provide candidates the amounts they may receive pursuant to this Article for such election, the Board shall reduce the payments for all eligible candidates for all offices in such election by the percentage it determines is necessary to ensure such payments shall not exceed the moneys allocated for payments for eligible candidates in such election, subject to the priority in Section 40-4 (C) of this Article. The Board shall adjust such percentage if additional moneys are received into the Fund by appropriation or otherwise, or if, upon consideration of further facts, it changes its estimates of moneys available.

I.) The Board is hereby empowered to accept donations to be credited to the Fund. The Board shall devise such methods of soliciting and collecting donations as it may deem feasible and appropriate.

J.) The Board is hereby authorized, empowered, and directed to analyze the methodology by which an individual taxpayer may be afforded the opportunity to elect to contribute [up to Five Dollars ($5.00)] to the fund for the purpose of financing County elections covered by this law. Such analysis shall be issued to the County Executive and each member of the County Legislature in the form of a written report no later than July 1, [1999] 2000, said proposed methodology to include the ability of individuals to make contributions in any whole dollar amount [up to the Five Dollar ($5.00) limit], which contribution shall not reduce the amount of property taxes or income taxes owed by such individual taxpayer.

1.) This report shall evaluate the feasibility and viability of having real property tax bills prepared by the Receivers of Taxes within the ten (10) Towns of Suffolk County separately state and set forth a space on the annual property tax bill to enable a taxpayer to elect to make such a contribution.

2.) All revenues collected pursuant to this section shall be credited to the fund and shall be returned by the appropriate taxing authority to the County of Suffolk for said purpose.

* * * * * *

Section 40-12. Reports.

A.) The Board shall review and evaluate the effect of this Article upon the conduct of election campaigns in the County of Suffolk and shall submit a report to the County Executive and the County Legislature on or before September 1, [2000] 2004, and every fourth (4th) year thereafter, and at any other time upon the request of the County Executive or the County Legislature and at such other times as the Board deems appropriate, containing:

1.) the number and names of candidates qualifying for and choosing to receive public funds pursuant to this Article, and of candidates failing to qualify or otherwise not choosing to receive such funds, in each election during the four (4) preceding calendar years, except for the initial report;

2.) the amount of public funds provided to the authorized committees of each candidate pursuant to this Article and the contributions received and expenditures made by each such candidate and the authorized committees of such candidate, in each election during the preceding calendar year or years, as the case may be;

3.) recommendations as to whether the provisions of this Article governing maximum contribution amounts, thresholds for eligibility and expenditure limitations should be amended and setting forth the amount of, and reasons for, any amendments it recommends;

4.) analysis of the effect of this Article on political campaigns, including its effect on the sources and amounts of private financing, the level of campaign expenditures, voter participation, the number of candidates and the candidate's ability to campaign effectively for public office;

5.) a review of the procedures utilized in providing public funds to candidates; and

6.) such recommendations for changes in this Article as it deems appropriate.

* * * * * *

Section 3. Form of Proposition.

The proposition to be submitted to the electorate of the County of Suffolk pursuant to Section 7 of this law shall read as follows:

Shall Resolution No. -1999, Adopting a Charter Law to Modify Voluntary System of Public Financing and Campaign Contribution and Spending Limits, for the Election of County Officials, to Allow Partial County Funding of Such Campaigns and to include the County Sheriff and the County Clerk, Be Approved?

Section 4. SEQRA Determination.

This Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this law constitutes a Type II action pursuant to Section 617.5(c)(21) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 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. The Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this law.

Section 5. Applicability.

This law shall apply to all elections conducted, and all contributions made, on or after January 1, 2002.

Section 6. Severability.

If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.

Section 7. Effective Date.

This law shall not take effect until the first day of the first fiscal year after its approval by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting upon a proposition for its approval in conformity with the provisions of Section 34 of the NEW YORK MUNICIPAL HOME RULE LAW. After approval by the electorate, this law, as well as any other law converted into a mandatory referendum pursuant to Section 34(4) of the NEW YORK MUNICIPAL HOME RULE LAW, by a vote of the County Legislature, may only be amended, modified, repealed, or altered by enactment of an appropriate Charter law subject to mandatory referendum in accordance with prevailing law.

[ ] Brackets denote deletion of existing language.

___ Underlining denotes addition of new language.

DATED: August 24, 1999

RESCINDED BY INTRO. RES. NO. 1887-99 (RES. NO. 821-99)

Mr. Binder offered the following resolution, seconded by Mr. Caracciolo and duly adopted with the following recorded vote: 17 Legislators in favor; 0 opposed; 1 absent, Mr. Rizzo.

Intro. Res. No. 1887-99 Laid on the Table 8/24/99

Introduced by Legislators Holst, Binder, Bishop, Caracappa, and Deputy Presiding Officer D'Andre

RESOLUTION NO. 821-1999, ADOPTING LOCAL LAW NO. -1999, A CHARTER LAW AMENDING TAX CHECK-OFF SYSTEM TO ALLOW PARTIAL COUNTY FUNDING FOR COUNTY ELECTIONS

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 TO ALLOW PARTIAL COUNTY FUNDING FOR COUNTY ELECTIONS 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 TO ALLOW PARTIAL COUNTY FUNDING FOR COUNTY ELECTIONS

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 legislation 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 Law Authorizing Public Financing of County Election Campaigns with Tax Check-off System and Ethics Reform for Campaign Financing,” from a purely voluntary check-off system of financing into a partial County-financed system for County election campaigns.

Therefore, the purpose of this legislation is to amend the existing local law to incorporate the above changes.

Section 2. Amendment

Article XL of the Suffolk County Charter is hereby amended to read as follows:

Article XL. Public Financing

* * *

Section 40-2. Eligibility for Public Financing.

A.) To be eligible for optional financing under this Article, a candidate for nomination for election, or election, shall:

1.) meet all the requirements of law to have his or her name on the ballot;

3.) choose to participate in the public funding provisions of this article by filing a written certification in such form as may be pre scribed by the Board, which sets forth his or her acceptance of and agreement to comply with the terms and conditions for the provision of such funds, such certification to be filed with the Board no later than the tenth (10^th) day after the filing of a sworn verified statement pursuant to §14-112 of the NEW YORK ELECTION LAW that such candidate has authorized a political committee to aid or take part in an election, or the first day of April in the year in which the election for which he or she seeks to be qualified as an eligible candidate is held, whichever occurs first. If such certification has been filed for nomination for election to an office in a primary election, no additional certification shall be required for nomination for election, or election, to such office in any other election held in the same calendar year.

6.) state that, except as is otherwise provided in subdivision seven (7) of this paragraph, such candidate and the authorized committees of such candidate have not accepted and agree not to accept any contribution or contributions from any one individual, corporation, partnership, political committee, employee organization, or other entity for each election in which he or she seeks to be qualified as an eligible candidate which in the aggregate: for a term as a member of the Suffolk County Legislature, shall exceed the sum of One Thousand Dollars ($1,000.00); or to the office of County Executive, shall exceed the sum of Two Thousand Five Hundred Dollars ($2,500.00); County Comptroller, shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.00); County Treasurer, shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.00); Sheriff, shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.00); County Clerk, shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.00); or District Attorney shall exceed the sum of One Thousand Five Hundred Dollars ($1,500.00). If State law prescribes a contribution limitation of a lesser amount, this paragraph shall not be deemed to authorize acceptance of a contribution in excess of such lesser amount. The maximum contribution set forth in this subdivision shall be adjusted in accordance with paragraph (F) of this Section;

8.) state that he or she has not made and agrees not to make expenditures from or use his or her personal funds or property or the personal funds or property of his or spouse or unemancipated children in connection with his or her nomination for election, or election, except as a contribution to his or her authorized committee designated pursuant to paragraph (E) of this Section in an amount that does not exceed the maximum contribution amount applicable pursuant to subdivision (6) of this paragraph; and

a.) that such candidate and the authorized committees of such candidate have not and agree not to exceed the applicable expenditure limitations set forth in Section 40-5 of this Article;

b.) the threshold for eligibility for public funding for candidates in a primary or general election shall be in the case of:

iii.) County Comptroller, not less than Thirty Thousand Dollars($30,000.00) in threshold contributions, including at least three hundred (300) such contributions in the amount of Ten Dollars ($10.00) or more;

iv.) County Treasurer, not less than Thirty Thousand Dollars($30,000.00) in threshold contributions, including at least three hundred (300) such contributions in the amount of Ten Dollars ($10.00) or more;

vi) Sheriff, not less than Thirty Thousand Dollars ($30,000.00) in threshold contributions, including at least three hundred (300) such contributions in the amount of Ten Dollars ($10.00) or more; and

c. any candidate meeting the threshold for eligibility in a primary election for one of the foregoing offices shall be deemed to have met the threshold for such office in any other election held in the same calendar year.

D.) Candidates who are unopposed in an election shall not be eligible to receive public funds for such election.

F.) Not later than the first day of March in the year 2000 and every fourth year thereafter the Board shall deter mine the percentage difference between the average over a calendar year of the GNP Price Deflator published by the United States Bureau of Labor Statistics for the twelve (12) months immediately preceding the beginning of such calendar year and the average over the calendar year 1998 of such GNP Price Deflator, adjust each maximum contribution applicable pursuant to subdivision (6) of Paragraph (A) of this section by the amount of such percentage difference to the nearest Fifty Dollars ($50.00); and publish such adjusted maximum contribution for three (3) consecutive weeks in the official County and Town newspapers designated by the Suffolk County Legislature. Such adjusted maximum contribution shall be in effect for any election held before the next such adjustment.

G.) In order to be eligible to receive public funds in a primary or general election, a candidate must agree via written certification to the Board that in the event he or she is a candidate for such office in any election held in the same calendar year, that he or she will agree via written certification to the Board not to accept donations from political action committees, lobbyists, or firms doing business or proposing to do business with the County of Suffolk, and be bound in each such other election by the eligibility requirements and all other provisions of this Article.

H.) In order to be eligible to receive public funds, a candidate must raise at least Five Thousand Dollars ($5,000.00) by August 15^th for the office for which he or she is a candidate in the year in which such election shall be held and may not raise any moneys for such election from November 1^st through December 31^st of the year in which such election is held.

* * *

Section 40-4. Optional Public Financing.

* * *

C.) In the event that the authorized committee designated by an eligible candidate has obtained, and reported to the Board in accordance with the provisions of this Article, contributions equal to at least the threshold for eligibility established by Section 40-2(A) (8)(b) of this Article, then the authorized committee shall receive payment for qualified campaign expenditures equivalent to twice the amount of said threshold for eligibility for the office for which such candidate seeks nomination for election, or election, plus $50,000.00 additional funds for the office of County Executive and $10,000.00 additional funds for the office of County Treasurer, County Comptroller, Sheriff, County Clerk, or District Attorney. No contribution, contributions, or portion of a contribution or contributions, exceeding Five Hundred Dollars ($500.00) made by a person, including unemancipated children of such person, may be used as either a threshold contribution or a matchable contribution, or both, in any one election. In the event that there are insufficient funds available to cover all campaigns, then such funds shall be allocated first to fully fund to the maximum extent possible the election to the office of County Executive, and the office of County Legislator on a pro-rata basis. If such campaigns are fully funded in accordance with limitations of this law, then the campaigns for remaining offices of District Attorney, County Treasurer, Sheriff, County Clerk, and County Comptroller shall be funded on a pro-rata basis.

* * *

Section 40-5. Expenditure Limitations.

1.) In each general election, expenditures by an eligible candidate for one of the following offices and his or her authorized committees shall not exceed the following amounts:

County Executive: $500,000.00

Legislator: $ 30,000.00

County Comptroller: $200,000.00

County Treasurer: $200,000.00

District Attorney: $200,000.00

Sheriff: $200,000.00

County Clerk: $200,000.00

1.) In each primary election, expenditures by an eligible candidate for one of the following offices and his or her authorized committees shall not exceed the following amounts:

County Executive: $300,000.00

Legislator: $ 15,000.00

County Comptroller: $100,000.00

County Treasurer: $100,000.00

District Attorney: $100,000.00

Sheriff: $100,000.00

County Clerk: $100,000.00

Expenditures by eligible candidates in a primary election made prior to or on the date of such primary election shall be deemed to have been made for such primary election.

* * *

A.) The following limitations shall apply to all expenditures made by a candidate and his or her authorized committees in the calendar year preceding the year of the election for which such candidate chooses to participate in the public funding provisions of this Article and to expenditures made at any time prior to such date for services, materials, facilities, advertising or other things of value received, rendered, published, distributed, or broadcast in such calendar year. Such expenditures by such a candidate for one of the following offices and his or her authorized committees shall not exceed the following amounts:

County Executive: $300,000.00

Legislator: $ 10,000.00

County Comptroller: $ 30,000.00

County Treasurer: $ 30,000.00

District Attorney: $ 30,000.00

Sheriff: $ 30,000.00

County Clerk: $ 30,000.00

* * *

Section 40-7. Campaign Finance Board.

A.) The Suffolk County Campaign Finance Board is hereby created consisting of five (5) members. Two (2) members of the Board shall be appointed by the County Executive, subject to confirmation by the County Legislature, provided that not more than one (1) such member shall be enrolled in any one (1) political party, one (1) member shall be appointed by the Presiding Officer of the Suffolk County Legislature, and one (1) member shall be selected by the Minority Leader (of the largest Minority Party in the County Legislature measured by the number of County Legislators) of the County Legislature, provided that not more than one (1) such member shall be enrolled in any one (1) political party, and one (1) member, who shall be the chairperson, shall be appointed by the County Executive with the concurrence of the Presiding Officer. The members shall initially be appointed to serve as follows:

1.) one (1) member appointed by the Presiding Officer for a term of one (1) year representing a widely recognized and acknowledged civic group;

2.) one (1) member appointed by the County Executive for a term of two (2) years representing someone widely recognized and acknowledged within the academic community;

3.) one (1) member appointed by the Minority Leader of the Largest Minority Party in the County Legislature, measured by the number of County Legislators, for a term of three (3) years.

4.) one (1) member appointed by the County Executive for a term of four (4) years; and

5.) the chairperson for a term of five (5) years, selected by the County Executive with the concurrence of the Presiding Officer.

Each term shall commence on January 1, 1999. Thereafter, each member shall be appointed for a term of five (5) years by the County Executive or the Presiding Officer, according to the original manner of appointment. In case of a vacancy in the office of a member, a member shall be appointed to serve for the remainder of the unexpired term by the County Executive or Presiding Officer of the Legislature, as the case may be. Each member shall be a resident of the County of Suffolk, registered to vote therein. No member shall make contributions to any candidate for nomination for election, or election, to the office of legislator, County Executive, County Comptroller, County Treasurer, Sheriff, County Clerk, and District Attorney which, in the aggregate, are in excess of the maximum contribution applicable to such office pursuant to Section 40-2(A)(6) of this Article. No member shall serve an officer of a political party; be a candidate or participate in any capacity in a campaign by a candidate for nomination for election or election to the office of legislator, County Executive, County Comptroller, County Treasurer, Sheriff, County Clerk, or District Attorney; or be a County employee.

* * *

Section 40-8. Suffolk County Campaign Finance Fund.

B.) The Fund shall be kept in separate interest-bearing ac counts and shall be credited with all sums appropriated therefor, any donations received pursuant to paragraph (1) of this Section, and all earnings accruing on such funds.

C.) As soon a practicable, but no later than December 31, 2000, and in time for inclusion in the County’s Operating Budget in every year thereafter, and at such other times as the Board shall deem necessary, the Board shall submit its estimate of the amount of public funds which will be necessary to provide candidates sufficient financing for elections in the next year in which elections are scheduled pursuant to the SUFFOLK COUNTY CHARTER and for elections to fill vacancies to be held prior to such year, and a reserve for contingencies. Such estimates shall be submitted in such manner and at such times as to ensure that such amounts as shall be necessary may be appropriated in full by the beginning of the fiscal year in which elections are scheduled pursuant to the SUFFOLK COUNTY CHARTER and that additional amounts may be appropriated as necessary. These funds shall be generated from voluntary contributions to the fund as well as appropriations from County tax revenues.

D.) The moneys in such Fund shall be paid to candidates by the Board upon its certification that such candidates qualify for such funds.

E.) No moneys shall be paid to candidates in a primary election any earlier than two (2) weeks after the last day to file designating petitions for such primary election.

F.) No moneys shall be paid to candidates in a general election any earlier than the day after the day of the primary election held to nominate candidates for such election.

G.) No moneys shall be paid to any candidate who has been disqualified or whose designating or nominating petitions have been declared invalid by the Suffolk County Board of Elections or a court of competent jurisdiction until and unless such decision is reversed and no further appeal may be taken. Any payment from the fund in the possession of such a candidate or his or her authorized committees on the date of such disqualification or invalidation may not thereafter be expended for any purpose except the payment of liabilities incurred in qualified campaign expenditures before such date and shall be repaid to the Fund. If such decision is reversed, the Board shall return such funds to such candidate or authorized committees and such funds may be expended as provided pursuant to this Article.

H.) Prior to the first distribution of public funds to candidates in any election, the Board shall make a determination whether the moneys in the Fund are sufficient to provide all candidates the amounts they may receive pursuant to this Article for all elections to be held during the calendar year for which such determination is made. Such determination shall be published once in the official County and Town newspapers designated by the County Legislature. If the Board determines that such moneys are or may be less than such amounts, the Board shall submit to the County Legislature and the County Executive an estimate pursuant to paragraph C of this Section and in accordance with the provisions of the SUFFOLK COUNTY CHARTER, the operating budget may be modified to provide such funds in an amount not to exceed One Dollar ($1.00) times the total number of taxable parcels in Suffolk County as exists on the records of the Suffolk County Real Property Tax Service Agency as of December 31 of the immediately prior calendar year. The Board shall first apply all moneys as are available to payments for eligible candidates in the next election following such determination subject to the priority in Section 40-4 (C) of this Article. If the moneys allocated for payments for eligible candidates in any election are less than the amount the Board estimates is necessary to provide candidates the amounts they may receive pursuant to this Article for such election, the Board shall reduce the payments for all eligible candidates for all offices in such election by the percentage it determines is necessary to ensure such payments shall not exceed the moneys allocated for payments for eligible candidates in such election, subject to the priority in Section 40-4 (C) of this Article. The Board shall adjust such percentage if additional moneys are received into the Fund by appropriation or otherwise, or if, upon consideration of further facts, it changes its estimates of moneys available.

I. The Board is hereby empowered to accept donations to be credited to the Fund. The Board shall devise such methods of soliciting and collecting donations as it may deem feasible and appropriate.

J. The Board is hereby authorized, empowered, and directed to analyze the methodology by which an individual taxpayer may be afforded the opportunity to elect to contribute to the fund for the purpose of financing County elections covered by this law. Such analysis shall be issued to the County Executive and each member of the County Legislature in the form of a written report no later than July 1, 2000, said proposed methodology to include the ability of individuals to make contributions in any whole dollar amount , which contribution shall not reduce the amount of property taxes or income taxes owed by such individual taxpayer.

2.) All revenues collected pursuant to this section shall be credited to the fund and shall be returned by the appropriate taxing authority to the County of Suffolk for said purposes.

* * *

Section 40-12. Reports.

A.) The Board shall review and evaluate the effect of this Article upon the conduct of election campaigns in the County of Suffolk and shall submit a report to the County Executive and the County Legislature on or before September 1, 2004, and every fourth (4^th) year thereafter, and at any other time upon the request of the County Executive or the County Legislature and at such other times as the Board deems appropriate, containing:

2.) the amount of public funds provided to the authorized committees of each candidate pursuant to this Article and the contributions received and expenditures made by each such candidate, and the authorized committees of such candidate, in each election during the preceding calendar year or years, as the case may be;

4.) analysis of the effect of this Article on political campaigns, including its effect on the sources and amounts of private financing, the level of campaign expenditures, voter participation, the number of candidates and the candidate’s ability to campaign effectively for public office;

5.) a review of the procedures utilized in providing public funds to candidates; and

6.) such recommendations for changes in this Article as it deems appropriate.

Section 3. Form of Proposition.

The proposition to be submitted to the electorate of the County of Suffolk pursuant to Section 7 of this law shall read as follows:

Shall Resolution No. –1999, Adopting a Charter Law to Provide Partial County Taxpayer Funding up to $1.00 per Parcel to Implement a System of Public Financing for County office, in the Event Voluntary Funding is Insufficient, and Provided such Candidates Agree to Limit Campaign Spending and the Acceptance of Campaign Contributions, and to also Include the County Sheriff and County Clerk in the Program, be approved?

Section 4. SEQRA Determination.

This Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this law constitutes a Type II action pursuant to Section 617.5(c)(21) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection. The Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this law.

Section 5. Applicability.

I.) This law shall apply to all elections conducted, and all contributions made, on or after January 1, 2002.

II.) Introductory Resolution No. 1778-1999 is hereby repealed.

Section 6. Severability.

If any clause, sentence, paragraph or subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such order or judgment shall be rendered.

Section 7. Effective Date.

This law shall not take effect until the first day of the first fiscal year after its approval by the affirmative vote of the majority of the qualified electors of the County of Suffolk voting upon a proposition for its approval in conformity with the provisions of Section 34 of the NEW YORK MUNICIPAL HOME RULE LAW. After approval by the electorate, this law, as well as any other law converted into a mandatory referendum pursuant to Section 34(4) of the NEW YORK MUNICIPAL HOME RULE LAW, by a vote of the County Legislature, may only be amended, modified, repealed, or altered by enactment of an appropriate Charter Law subject to mandatory referendum in accordance with prevailing law, except that Section 5 (II) of this law shall take effect immediately.

DATED: August 24, 1999

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: August 31, 1999

NOT APPROVED BY ELECTORATE AT PUBLIC REFERENDUM ON NOVEMBER 2, 1999

Mr. Caracappa offered the following resolution, seconded by Mr. Caracciolo and duly adopted with the following recorded vote: 16 Legislators in favor; 0 opposed; 2 absent, Mr. Levy and Mr. Rizzo.

Intro. Res. No. 1832-99 Laid on Table 8/10/99

Introduced by the Presiding Officer at the request of the County Executive

RESOLUTION NO. 822 - 1999, APPROVING THE REAPPOINTMENT OF MICHAEL S. TOWERS AS A MEMBER OF THE SUFFOLK COUNTY ELECTRICAL LICENSING BOARD

RESOLVED, that the reappointment of Michael S. Towers of 100 Haight Street, Deer Park, New York 11729, as a member of the Suffolk County Electrical Licensing Board, for a term of office expiring on April 30, 2002, be and the same hereby is approved; said appointment having been made by the County Executive pursuant to the provisions of Local Law No. 17 of 1971.

DATED: August 24, 1999

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: September 7, 1999

Mr. Caracciolo offered the following resolution, seconded by Mr. Caracappa and duly adopted with the following recorded vote: 16 Legislators in favor; 0 opposed; 2 absent, Mr. Levy and Mr. Rizzo.

Intro. Res. No.1376-99 Laid on Table 4/20/99

Introduced by the Presiding Officer at the Request of the County Executive

RESOLUTION NO. 823 - 1999, AUTHORIZING THE DIRECTOR OF THE DIVISION OF REAL ESTATE, DEPARTMENT OF PLANNING TO ISSUE A CERTIFICATE OF ABANDONMENT OF THE INTEREST OF THE COUNTY OF SUFFOLK IN PROPERTY DESIGNATED AS TOWN OF BABYLON, SUFFOLK COUNTY TAX MAP NO. 0100-122.00-02.00-026.000 PURSUANT TO SECTION 40-D OF THE SUFFOLK COUNTY TAX ACT

WHEREAS, a parcel of property lying, situate and being in the Town of Babylon designated as Suffolk County Tax Map Number 0100-122.00-02.00-026.000, known as 96 Cedar Road, North Amityville, assessed to First Church of God Amityville; and

WHEREAS, the County of Suffolk acquired said property designated as Suffolk County Tax Map Number 0100-122.00-02.00-026.000 by tax deed dated June 3, 1998 and recorded in the Suffolk County Clerk's Office in Liber 11900 at page 720 for unpaid 1995/96 taxes; and

WHEREAS, it has been determined by the Suffolk County Department of Planning, Division of Real Estate and as directed by a New York State Law enacted as 09012-02-9, Assemblyman Robert Sweeney directing the County to restore title to the Church; now, therefore, be it

RESOLVED, that pursuant to Section 40-C of the Suffolk County Tax Act, the tax deed to Suffolk County be canceled and pursuant to Section 40-D of the Suffolk County Tax Act, the Direction of the Division of Real Estate, Department of Planning, be authorized to file a certificate of abandonment of Claim of title, which Suffolk County holds pursuant to said tax deed.

DATED: August 24, 1999

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: September 7, 1999

Mr. Caracciolo offered the following resolution, seconded by Mr. Caracappa and duly adopted with the following recorded vote: 16 Legislators in favor; 0 opposed; 2 absent, Mr. Levy and Mr. Rizzo.

Intro. Res. No. 1692-98 Laid on Table 6/29/99

Introduced by the Presiding Officer at the request of the County Executive

RESOLUTION NO. 824 - 1999, TO CONVEY TITLE TO COUNTY-OWNED REAL PROPERTY PURSUANT TO SECTION 215, NEW YORK STATE COUNTY LAW (A SPACE PLACE CENTEREACH LLC) (0200-488.00-02.00-005.000)

WHEREAS, the COUNTY OF SUFFOLK acquired by condemnation for purposes the following parcel:

ALL, that piece or parcel of land situate in the Town of Brookhaven, County of Suffolk and State of New York, and acquired by Condemnation for highway purposes and otherwise known as and by Town of Brookhaven;

Surplus Property - CR 97, Nicolls Road @ NY 25, Middle County Road

BEGINNING at a point on the westerly boundary of the existing Nicolls Road, County Road Number 97, said point being N 06 degrees 55’ 05” W a distance of 292.66 feet from the corner formed by the westerly boundary of Nicolls Road, County Road Number 97 and the northerly boundary of the existing Jericho Turnpike, New York Route 25, State Highway 8268, at the division line between the lands of County of Suffolk, reputed owner on the north and lands of Rocco Realty Co., reputed owner on the south, thence S 81 degrees 09’ 59” W, a distance of 300.00 feet along said division line to a point on the easterly boundary of the existing Hammond Road, thence N 06 degrees 54’55”W, a distance of 55.03 feet along the last mentioned boundary to a point on the division line between the lands of County of Suffolk, reputed owner on the south and other lands of Rocco Realty Co., reputed owners on the north, thence westerly along said division line, two courses:

1) N 81 degrees 09’53’ E, a distance of 181.15 feet to a point and

2) N 75 degrees 26’10”E, a distance of 119.85 feet to a point; thence through the lands of the County of Suffolk, S 06 degrees 55”05” E, a distance of 67.00 feet to the point of beginning; being 17,211+ square feet or 0.395 acres more or less.

The above described parcel is sold without right of access to Nicolls Road, County Road No. 97.

Excepting also and reserving to any and all utilities, the right of access at all times for the update, maintenance and service of their equipment as required by said utilities.

WHEREAS, in accordance with Section 215 of the New York State County Law, provision is made for disposition by Auction of certain County-owned property acquired by condemnation for highway purposes which is surplus to the needs of said County; and

WHEREAS, the real property above described was offered at auction on May 13, 1999, at an auction upset price of $75,000; and

WHEREAS, A SPACE PLACE CENTEREACH LLC, has made an offer to the Division of Real Estate, Department of Planning for the purchase of said above described parcel for the sum of $75,000; and

WHEREAS, pursuant to Section 215 of the New York State County Law, the Division of Real Estate, Department of Planning is authorized to deliver a Bargain and Sale Deed, without Covenants, to the successful bidder at Auction, subject to legislative approval;

WHEREAS, the Division of Real Estate, Department of Planning requests authority to execute Bargain and Sale Deed, without Covenants, on the above referenced parcel to the successful bidder, A Space Place Centereach LLC, and

WHEREAS, the Division of Real Estate, Department of Planning has received and deposited the sum of $15,000 being twenty percent of $75,000, pursuant to said purchase offer; and

WHEREAS, the Division of Real Estate, Department of Planning finds there is no superior County interest in this parcel and that the County has no governmental need for the parcel and that the County has not started nor is it about to start condemnation proceedings affecting this parcel or adjoining parcels and that the purpose for which said property was condemned no longer exists; and

WHEREAS, the Division of Real Estate, Department of Planning requests authority pursuant to said Section 215 of the New York State County Law to deed the County's interest to the successful bidder, A Space Place Centereach LLC, subject to all easements, restrictions, and covenants of record; now, be it therefore

RESOLVED, this Legislature, being the State Environmental Quality Review Act (SEQRA) Lead Agency, hereby finds and determines that adoption of this law is not an action within the meaning of the State Environmental Quality Review Act and the regulations adopted thereto. See 6 N.Y.C.R.R. Section 617.2 (b) (2). The Legislature further finds and determines that even if the adoption of the local law is an action within the meaning of SEQRA, the adoption of the law is a Type II action constituting a legislative decision in connection with routine or continuing agency administration and management, not including new programs or major reordering of priority. See 6 N.Y.C.R.R. Section 617.13 (d) (15) and (21). As a Type II action, the Legislature has no further responsibilities under SEQRA 6 N.Y.C.R.R Section 617.5 (a) (1); and be it further

RESOLVED, that the aforestated parcel is no longer necessary for public use, and is hereby deemed surplus, and further that the Director of the Division of Real Estate, Department of Planning be and he hereby is authorized to execute and acknowledge a Bargain and Sale Deed, without Covenants, to transfer the interest of SUFFOLK COUNTY in the above described property to said A Space Place Centereach LLC, 21 Hammond Road, Centereach, New York 11720.

DATED: August 24, 1999

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: September 7, 1999

Mr. Caracciolo offered the following resolution, seconded by Mr. Guldi and duly adopted with the following recorded vote: 16 Legislators in favor; 0 opposed; 2 absent, Mr. Levy and Mr. Rizzo.

Intro. Res. No. 1693-99 Laid on Table 06/ 29/99

Introduced by the Presiding Officer at the request of the County Executive

RESOLUTION NO. 825 - 1999, TO CONVEY TITLE TO COUNTY-OWNED REAL PROPERTY PURSUANT TO SECTION 215, NEW YORK STATE COUNTY LAW (WILFRED CLINTON and HEATHER CLINTON, his wife) (0100-205.00-03.00-112.000)

WHEREAS, the COUNTY OF SUFFOLK acquired by condemnation for purposes the following parcel:

ALL, that certain plot, piece or parcel of land, with any buildings and improvements thereon erected, situate, lying and being in the Town of Babylon, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0100, Section 205.00, Block 03.00, Lots 112.000 and described as follows:

ALL, that piece or parcel of land situate in the Town of Babylon, County of Suffolk and State of New York, and acquired by Condemnation for purposes by Order of Vesting, filed in the Suffolk County Clerk’s Office on August 28, 1987, Index Number 84-3978, and otherwise known as and by Town of Babylon;

ALL, that piece or parcel of land situate in the Town of Babylon, County of Suffolk, State of New York adjacent to New Highway, County Road No. 28 and described as follows:

BEGINNING at a point on the existing easterly boundary of the existing New Highway (as widened) at the intersection of the said boundary with the division line between the lands of County of Suffolk, reputed owner on the south and the lands of Annabelle Scott, reputed owner on the north, said point being 37.00 feet distant easterly, measured at right angles from station 23 + 47+ of the hereinafter described survey centerline of New Highway, County Road No. 28; thence easterly along said division line 88+ feet to a point on the division line between the lands of County of Suffolk, reputed owner on the west and the lands of Grant and Constance Scott, reputed owners on the east, the last mentioned point being 125 + feet distant easterly, measured at right angles, from station 23 + 47+ of the said centerline; thence southerly along said division line 50+ feet to its intersection with the northerly boundary of 42nd Street; thence westerly through the lands of County of Suffolk, reputed owner, establishing the new northerly boundary of 42nd Street, the following three (3) courses and distances: 1) on a curve to the right having a radius of 7.00 feet an arc distance of 5.91 feet to a point 121.28 feet distant easterly measured at right angles from station 23 + 02.47 of said centerline; 2) on a curve to the left having a radius of 43.00 feet an arc distance of 93.98 feet to a point 46.35 feet distant easterly measured at right angles from station 23 + 17.00 of said centerline; and 3) 9.35 feet to a point on the newly proposed easterly boundary of said existing New Highway (as widened), the last mentioned point being 37.00 feet distant easterly measured at right angles from station 23 + 17.00 of said centerline; thence northerly along, the last mentioned proposed easterly boundary 30+ feet to the point of beginning; being 1,992+ s.f. or 0.046 acres more or less, and being part or portion of Lots 1 and 2 , Block 6 as shown on a map entitled “Amended Map of Amityville Terrace” and filed in the office of the Clerk of Suffolk County on 10/7/26 as Map No. 642.

The above mentioned survey centerline is a portion of the survey centerline of New Highway, County Road No. 28, as shown on a map on file in the office of the Commissioner of Public Works.

The above described parcel, being the excess portion of the properties shown on Map #15 which was acquired by the County of Suffolk for the construction of a portion of New Highway, CR 28, and vested in the County of Suffolk, September 4, 1987, is no longer needed for County Highway Purposes. Without Right of Access to CR 28, New Highway.

WHEREAS, the real property above described was offered at auction on May 13, 1999, at an auction upset price of $25.00; and

WHEREAS, Wilfred Clinton and Heather Clinton, his wife, has made an offer to the Division of Real Estate, Department of Planning for the purchase of said above described parcel for the sum of $225.00; and

WHEREAS, the Division of Real Estate, Department of Planning has received and deposited the sum of $45.00 being twenty percent of $225.00, pursuant to said purchase offer; and

WHEREAS, the Division of Real Estate, Department of Planning requests authority pursuant to said Section 215 of the New York State County Law to deed the County’s interest to the successful bidder, Wilfred Clinton and Heather Clinton, his wife, subject to all easements, restrictions, and covenants of record; now, be it therefore

RESOLVED, that the aforestated parcel is no longer necessary for public use, and is hereby deemed surplus, and further that the Director of the Division of Real Estate, Department of Planning be and he hereby is authorized to execute and acknowledge a Bargain and Sale Deed, without Covenants, to transfer the interest of SUFFOLK COUNTY in the above described property to said Wilfred Clinton and Heather Clinton, his wife, 55 Maple Road, North Amityville, New York, 11701.

DATED: August 24, 1999

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: September 7, 1999

Mr. Holst offered the following resolution, seconded by Mr. Bishop and duly adopted with the following recorded vote: 16 Legislators in favor; 0 opposed; 2 absent, Mr. Levy and Mr. Rizzo.

Intro. Res. No. 1694-99 Laid on Table 06/29/99

Introduced by the Presiding Officer at the request of the County Executive

RESOLUTION NO. 826 - 1999, TO CONVEY TITLE TO COUNTY-OWNED REAL PROPERTY PURSUANT TO SECTION 215, NEW YORK STATE COUNTY LAW VINCENT M. BUONIELLO and JOSEPH A. BUONIELLO, as Joint Tenants with Rights of Survivorship (0200-825.00-02.00-025.000)

WHEREAS, the COUNTY OF SUFFOLK acquired by condemnation for purposes the following parcel:

ALL, that piece or parcel of land situate in Moriches in the Town of Brookhaven, County of Suffolk and State of New York as shown on a map and described as follows:

BEGINNING at a point on the easterly boundary of the existing Barnes Road at the intersection of the said boundary with the northerly boundary of the existing CR 80, Montauk Highway; thence, easterly along the following 2 courses and distances:

1) On a curve to the right having a radius of 2,824.79 feet, an arc length of 612.47 feet; and

2) North 72 degrees 42’ 00” East, 112.36 feet to the point of Beginning;

Thence along the northerly boundary of the existing CR 80, Montauk Highway, North 60 degrees 00’ 00” East, 251.33 feet to a point on the division line between the lands of Joseph A. Buoniello, reputed owner on the west and the lands of Paul P. LaCorte, reputed owner on the east; thence, southerly through the lands of Suffolk County, reputed owner, the following 2 courses and distances:

1) South 17 degrees 18’00” East, 55.25 feet, and

2) South 72 degrees 42’00” West, 245.18 feet to the point of Beginning; being 6,774+ S.F. or 0.159 acres more or less, and being along the southerly border of lands of Joseph A. Buoniello as shown on a map filed in the Office of the Clerk of Suffolk County.

Excepting also and reserving to any and all other utilities, the right of access at all times for the update, maintenance and service of their equipment as required by said utilities.

WHEREAS, the real property above described was offered at auction on May 13, 1999, at an auction upset price of $8,000; and

WHEREAS, Vincent M. Buoniello and Joseph A. Buoniello, as Joint Tenants with Right of Survivorship, has made an offer to the Division of Real Estate, Department of Planning for the purchase of said above described parcel for the sum of $8,000; and

WHEREAS, pursuant to Section 215 of the New York State County Law, the Division of Real Estate, Department of Planning is authorized to deliver a Quitclaim Deed, to the successful bidder at Auction, subject to legislative approval;

WHEREAS, the Division of Real Estate, Department of Planning requests authority to execute a Quitclaim Deed, on the above referenced parcel to the successful bidder, Vincent M. Buoniello and Joseph A. Buoniello, as Joint Tenants with Right of Survivorship, and

WHEREAS, the Division of Real Estate, Department of Planning has received and deposited the sum of $1,600. being twenty percent of $8,000., pursuant to said purchase offer; and

WHEREAS, the Division of Real Estate, Department of Planning requests authority pursuant to said Section 215 of the New York State County Law to deed the County's interest to the successful bidder, Vincent M. Buoniello and Joseph A. Buoniello, as Joint Tenants with Right of Survivorship, subject to all easements, restrictions, and covenants of record; now, be it therefore

RESOLVED, that the aforestated parcel is no longer necessary for public use, and is hereby deemed surplus, and further that the Director of the Division of Real Estate, Department of Planning be and he hereby is authorized to execute and acknowledge a Quitclaim Deed, to transfer the interest of SUFFOLK COUNTY in the above described property to said Vincent M. Buoniello and Joseph A. Buoniello as Joint Tenants with Rights of Survivorship, 714 Montauk Highway, Moriches, New York 11955.

DATED: August 24, 1999

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: September 7, 1999

Mr. Bishop offered the following resolution, seconded by Mrs. Carpenter and duly adopted with the following recorded vote: 16 Legislators in favor; 0 opposed; 2 absent, Mr. Levy and Mr. Rizzo.

Intro. Res. No. 1720-99 Laid on Table 6/29/99

Introduced by the Presiding Officer at the request of the County Executive

RESOLUTION NO. 827 - 1999, AMENDING THE 1999 OPERATING BUDGET IN CONNECTION WITH PROVIDING FUNDS FOR THE IMPLEMENTATION OF RESOLUTION 439-1999.

WHEREAS, Resolution No. 809-1997 provided that any revenues generated on an annual basis from title examiners utilizing the facilities of the County Clerk’s Office will be matched in the following fiscal year by an equivalent appropriation for improvements to public access and book restoration; and

WHEREAS, Resolution 439-1999 appropriated $187,691 in accordance with the terms of Resolution 809-1997; and

WHEREAS, both the County Comptroller and County Executive’s Office have agreed that Resolution 439-1999 can not be implemented as written and therefore the $187,691 can not be appropriated without a corresponding offset; and

WHEREAS, sufficient appropriations exist within the 1999 Operating Budget to be transferred to the County Clerk’s Office Equipment Account; now, therefore, be it

RESOLVED, that the County Comptroller is hereby authorized to execute the following transfer of funds:

TO AMOUNT

001-CLK-1410-2020 $187,691

County Clerk - County Clerk

FROM AMOUNT

001-EMP-9010-8280 $187,691

Employee Benefits - State Retirement

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 Mr. Foley. On a roll call vote: 11 Legislators in favor; 7 opposed, Mr. Haley, Mr. Rizzo, Mr. Alden, Mrs. Carpenter, Mr. Binder, Mr. Tonna, and Mr. D’Andre.

Intro. Res. No. 1752-99 Laid on the Table 6/29/99

Introduced by Legislators Levy, Bishop, D'Andre, Towle

RESOLUTION NO. 828-1999, TO ESTABLISH COUNTY VOICE MAIL POLICY

WHEREAS, the use of voice mail by various County departments and offices has become more prevalent; and

WHEREAS, the inability to reach a human voice is frustrating to callers in need of aid who may require the flexibility to respond to questions for which there are no pre-canned or pro-forma answers; now, therefore, be it

RESOLVED, that the Commissioner of the County Department of Health Services is hereby authorized, empowered, and directed, pursuant to Section 9-3 of the SUFFOLK COUNTY CHARTER, to prepare a written plan to provide members of the calling public with the option of speaking directly with an employee who will be able to advise them and answer questions if such callers do not wish to address the voice mail option; and be it further

RESOLVED, that the County Department of Social Services is hereby authorized, empowered, and directed, pursuant to Section 10-2 of the SUFFOLK COUNTY CHARTER, to prepare a written plan to provide members of the calling public with the option of speaking directly with an employee who will be able to advise them and answer questions if such callers do not wish to address the voice mail option; and be it further

RESOLVED, that said plans shall be submitted to each member of the Ways and Means Committee of the County Legislature no later than October 15, 1999 indicating the method to be utilized to provide members of the calling public with the option of speaking directly with an employee who will be able to advise them and answer questions if such callers do not wish to address the voice mail option; and be it further

RESOLVED, that, after this initial program is implemented, the program shall be extended to all other County Departments, offices, and agencies and shall be fully implemented by other Departments, offices, and agencies no later than March 15, 2000.

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 Ms. Fisher and duly adopted with the following recorded vote: 18 Legislators in favor; 0 opposed.

Intro. Res. No. 1774-99 Laid on the Table 8/10/99

Introduced by Legislator Guldi

RESOLUTION NO. 829 - 1999, AUTHORIZING THE SALE OF SURPLUS COUNTY CAR TO VILLAGE OF WESTHAMPTON DUNES

WHEREAS, the County of Suffolk has declared certain vehicles as surplus; and

WHEREAS, the Village of Westhampton Dunes has requested authorization to purchase one of these surplus vehicles for adequate consideration; and

WHEREAS, Suffolk County has agreed to sell said vehicle as listed below, and the Village of Westhampton Dunes has agreed to purchase the same; now, therefore, be it

RESOLVED, that Suffolk County is hereby authorized to sell the surplus County vehicle to the Village of Westhampton Dunes, pursuant to Section 5-2(M)(2) of the SUFFOLK COUNTY CHARTER, at the price listed below:

Year: Make/Model: Vehicle Number: Price: Mileage:

1997 FORD 4DSD 2FALP71W1VX171066 $ 200.00 109,163

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. Holst and duly adopted with the following recorded vote: 18 Legislators in favor; 0 opposed.

Intro. Res No. 1781-99 Laid on the Table 8/10/99

Introduced by Legislators D'Andre and Holst

RESOLUTION NO. 830 - 1999, AUTHORIZING THE SALE OF SURPLUS COUNTY CARS TO COMMACK SCHOOL DISTRICT

WHEREAS, the County of Suffolk has declared certain vehicles as surplus; and

WHEREAS, the Commack School District has requested authorization to purchase four (4) of these surplus vehicles for adequate consideration; and

WHEREAS, Suffolk County has agreed to sell said vehicles as listed below, and the Commack School District has agreed to purchase the same; now, therefore, be it

RESOLVED, that Suffolk County is hereby authorized to sell the surplus County vehicles to the Commack School District, at the price listed below:

Year: Make/Model: Vehicle Number: Price: Mileage:

1991 CHEVY PICKUP 1GCDK14K8MZ194226 $ 900.00 148,917

1987 FORD PICKUP 1FTEF26N9HNA61686 700.00 146,933

1989 FORD 4DSD 2FTEF14N0KCB45535 800.00 93,254

1993 FORD SUBN. 1FBHE31H0PHC000273 1,500.00 184,635

DATED: August 24, 1999

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: September 7, 1999

Mr. Holst offered the following resolution, seconded by Mr. D’Andre and duly adopted with the following recorded vote: 18 Legislators in favor; 0 opposed.

Intro. Res. No. 1782-99 Laid on the Table 8/10/99

Introduced by Legislator Holst

RESOLUTION NO. 831 - 1999, AUTHORIZING THE SALE OF SURPLUS COUNTY CARS TO HAUPPAUGE SCHOOL DISTRICT

WHEREAS, the County of Suffolk has declared certain vehicles as surplus; and

WHEREAS, the Hauppauge School District has requested authorization to purchase two (2) of these surplus vehicles for adequate consideration; and

WHEREAS, Suffolk County has agreed to sell said vehicle as listed below, and the Hauppauge School District has agreed to purchase the same; now, therefore, be it

RESOLVED, that Suffolk County is hereby authorized to sell the surplus County vehicles to the Hauppauge School District, at the price listed below:

Year: Make/Model: Vehicle Number: Price: Mileage:

1990 FORD PICKUP 1FTCR10T7LUC02060 $ 850.00 139,491

1993 FORD SUBN. 1FACP57U7PA306332 1,500.00 75,581

DATED: August 24, 1999

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: September 7, 1999

Ms. Postal offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 17 Legislators in favor; 0 opposed; 1 absent, Mr. Binder.

Intro. Res. No. 1784-99 Laid on the Table 8/10/99

Introduced by Legislator Postal

RESOLUTION NO. 832 - 1999, AUTHORIZING THE SALE OF SURPLUS COUNTY CARS TO GOOD SAMARITAN MINISTRIES, AMITYVILLE

WHEREAS, the County of Suffolk has declared certain vehicles as surplus; and

WHEREAS, the Good Samaritan Ministries has requested authorization to purchase one of these surplus vehicles for adequate consideration; and

WHEREAS, Suffolk County has agreed to sell said vehicle as listed below, and the Good Samaritan Ministries, Amityville, has agreed to purchase the same; now, therefore, be it

RESOLVED, that Suffolk County is hereby authorized to sell the surplus County vehicle to the Good Samaritan Ministries, Amityville, at the price listed below:

Year: Make/Model: Vehicle Number: Price: Mileage:

1988 FORD 2DSD 1FMEU15N6JLA65225 $ 800.00 119,941

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 Mr. Alden and duly adopted with the following recorded vote: 17 Legislators in favor; 0 opposed; 1 absent, Mr. Binder.

Intro. Res. No. 1785-99 Laid on the Table 8/10/99

Introduced by Legislator Levy

RESOLUTION NO. 833 - 1999, AUTHORIZING THE SALE OF SURPLUS COUNTY CARS TO SACHEM SCHOOL DISTRICT

WHEREAS, the County of Suffolk has declared certain vehicles as surplus; and

WHEREAS, the Sachem School District has requested authorization to purchase six (6) of these surplus vehicles for adequate consideration; and

WHEREAS, Suffolk County has agreed to sell said vehicles as listed below, and the Sachem School District has agreed to purchase the same; now, therefore, be it

RESOLVED, that Suffolk County is hereby authorized to sell the surplus County vehicles to the Sachem School District, at the price listed below:

Year: Make/Model: Vehicle Number: Price: Mileage:

1985 FORD SUBN 1FTJE34G7FHA52928 $ 350.00 92,371

1985 FORD VAN 1FTJE34H6FHB95460 350.00 95,984

1992 FORD 4DSD 2FACP72W5NX228707 1,500.00 106,595

1992 FORD 4DSD 2FACP7W0NX228646 1,500.00 108,138

1992 FORD 4DSD 2FACP72WXNX228623 1,500.00 113,934

1995 FORD 4DSD 2FALP71W1SX168941 3,000.00 110,043

DATED: August 24, 1999

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: September 7, 1999

Mr. Caracciolo offered the following resolution, seconded by Mr. Guldi and duly adopted with the following recorded vote: 18 Legislators in favor; 0 opposed.

Intro. Res. No. 1788-99 Laid on the Table 8/10/99

Introduced by Legislators Caracciolo, Bishop

RESOLUTION NO. 834-1999, APPROVING SETTLEMENT OF TRUTH AND ACCURACY IN PROPERTY TAX BILLING POLICY LITIGATION

WHEREAS, a lawsuit was commenced entitled, Suffolk County v. Virginia E. Allen, Receiver of Taxes of the Town of Islip; the Town of Islip; Ester Bivona, Receiver of Taxes of the Town of Huntington; the Town of Huntington; Corinne DiSomma, Receiver of Taxes of the Town of Babylon; the Town of Babylon; Norma Edwards, Receiver of Taxes of the Town of Shelter Island; the Town of Shelter Island; Vincent Guadiello, Receiver of Taxes of the Town of Southampton; the Town of Southampton; F. Daniel Moloney, Receiver of Taxes of the Town of Brookhaven; the Town of Brookhaven; Lynne C. Nowick, Receiver of Taxes of the Town of Smithtown; the Town of Smithtown; Marilyn B. Quintana, Receiver of Taxes of the Town of Southold; the Town of Southold; Diane Stuke, Receiver of Taxes of the Town of Riverhead; the Town of Riverhead; and Jan Tilley, Receiver of Taxes of the Town of East Hampton; the Town of East Hampton, bearing Suffolk County Index No. 99-09715, to enforce implementation of Resolution No. 256-1998, "Establishing a Truth and Accuracy in Property Tax Billing Policy"; now, therefore, be it

1st RESOLVED, that the attached Stipulation of Settlement is hereby approved for any Town that agrees to either implement the exact language of Resolution No. 256-1998 calling for a separate line to read "Erroneous Town Tax Assessments", or an alternative line, “NY State Real Prop. Tax Law,” and divides the County portion of the tax bill into two separate lines, one for the General Fund and one for the Police District Fund, where applicable, anything in Resolution No. 256-1998 to the contrary notwithstanding; and be it further

2nd RESOLVED, that Special Counsel to Suffolk County for the above described litigation is hereby authorized to sign the Stipulation of Settlement on behalf of Suffolk County.

DATED: August 24, 1999

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: September 7, 1999

Mr. Hackeling offered the following resolution, seconded by Mr. Levy and duly adopted with the following recorded vote: 18 Legislators in favor; 0 opposed.

Intro. Res. No. 1795-99 Laid on Table 8/10/99

Introduced by the Presiding Officer at the request of the County Executive

RESOLUTION NO. 835 - 1999, RESCINDING AUTHORIZATION TO SELL COUNTY OWNED PROPERTY PURSUANT TO LOCAL LAW 16-1976 (FEDERAL FINANCIAL COMPANY) (0101-009.00-01.00-001.001)

WHEREAS, Resolution No. 91-1999 authorized the Director of the Suffolk County Division of Real Estate, Department of Planning, to execute and deliver a deed to FEDERAL FINANCIAL COMPANY in exchange for the payment of $37,805.41 pursuant to Local Law 16-1976, as amended, of Real Property acquired under Section 46 of the Suffolk County Tax Act; and

WHEREAS, FEDERAL FINANCIAL COMPANY failed to consummate this transaction although Resolution No. 91-1999 was adopted on February 23, 1999, and approved on March 2, 1999; now, therefore, be it

RESOLVED, that Resolution No. 91-1999 is hereby repealed.

DATED: August 24, 1999

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: September 7, 1999

Mr. Hackeling offered the following resolution, seconded by Mr. D’Andre and duly adopted with the following recorded vote: 18 Legislators in favor; 0 opposed.

Intro. Res. No. 1796-99 Laid on the Table 8/10/99

Introduced by the Presiding Officer at the Request of the County Executive

RESOLUTION NO. 836 - 1999, SALE OF COUNTY-OWNED REAL ESTATE PURSUANT TO LOCAL LAW 13-1976 (RICHARD ANTHONY NOLAN and KELLY ANN BRESLIN-NOLAN, his wife) (0200-883.00-01.00-007.000)

WHEREAS, the COUNTY OF SUFFOLK is the fee owner of the following described parcel:

ALL, that certain plot, piece or parcel of land, with any buildings and improvements thereon erected, situate, lying and being in the Town of Brookhaven, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0200, Section 883.00, Block 01.00, Lot 007.000 and acquired by Tax Deed on May 26, 1992 from General L. Rains, the Deputy County Treasurer of Suffolk County, New York, and recorded on June 15, 1992, in Liber 11483 at Page 90 and described as follows, Town of Brookhaven, Mastic Park Map 109/10 10259-10260; and

WHEREAS, in accordance with Local Law 13-1976 of the County of Suffolk, provision has been made for the sale of real property acquired by the County through tax sale to an adjoining property owner; and

WHEREAS, Richard Anthony Nolan and Kelly Ann Breslin-Nolan, his wife, has made an offer to the Division of Real, Department of Planning, for the purchase of said above described parcel for the sum of $4,500.00. At closing the purchaser will be responsible for the pro rata share of the current taxes which amount will be due upon receipt of the deed; and

WHEREAS, the real property above described has been appraised at $4,500.00; and

WHEREAS, the Division of Real Estate, Department Of Planning, has reviewed and approved said offer to purchase; and

WHEREAS, said property is surplus to the needs of the County of Suffolk; and

WHEREAS, the Division of Real Estate, Department Of Planning, has received and deposited the sum of $4,500.00, pursuant to said purchase offer; and

WHEREAS, the Division of Real Estate, Department Of Planning, requests authority pursuant to said Local Law 13-1976 of the County of Suffolk to deed the County's interest to said APPLICANTS, subject to all covenants, easements and restrictions of record, if any; now, be it therefore