THIRTEENTH DAY

 

REGULAR MEETING

 

August 7, 2001

 

 

            Minutes of the Regular Meeting of the County Legislature of Suffolk County, New York, held in the County Center, Riverhead, New York, at 5:30 p.m., pursuant to notice duly given.

 

            The meeting was called to order at 5:30 p.m. by Presiding Officer Tonna.  The Clerk called the roll and the following were found present:  Legislators Caracciolo, Caracappa, Haley, Foley, Lindsay, Fields, Alden, Crecca, D’Andre, Bishop, Binder, Cooper, Postal, and Tonna.  Legislators *Guldi, *Towle, *Fisher, and *Carpenter being absent.

 

            Pledge of Allegiance followed by invocation.

 

*5:31 p.m. - Legislator Towle arrived.

 

*5:32 p.m. - Legislator Carpenter arrived.

 

*5:45 p.m. - Legislator Fisher arrived.

 

*6:00 p.m. - Legislator Guldi arrived.

 

COMMUNICATIONS:

 

* Indicates copies distributed to all Legislators

 

Suffolk County Executive Pro Forma Resolutions: 

                       

      No. 52-2001 – Accepting and appropriating money market interest totaling $800.47 which was earned on Federal asset forfeiture funds  deposited with the Suffolk County Treasurer on behalf of the Suffolk County Sheriff’s Department. 

 

      No. 53-2001 – Accepting and appropriating money market interest totaling $15,144.73 which was earned on Federal asset forfeiture funds  deposited with the Suffolk County Treasurer on behalf of the Suffolk County Sheriff’s Department.

 

      No. 54-2001 – Accepting and appropriating Federal asset forfeiture funds on behalf of the Suffolk County Sheriff’s Department, from the U.S. Department of Justice, in the amount of $272.68.

 

      No. 55-2001 – Accepting and appropriating interest totaling $27,927.63, which was earned on Federal asset forfeiture funds deposited with the Suffolk County Treasurer on behalf of the Suffolk County Police Department.

 

      No. 56-2001 – Accepting and appropriating additional grant funds on behalf of the Suffolk County Department of Health Services from the New York State Office of Health for 100% cost of living increases for several mental health contract agencies in the amount of $1,871.00.

 

      No. 57-2001 – Accepting and appropriating an amendment to the College budget for a grant award from the Hudson Valley Community College for a Verizon/Next Step Program 100% reimbursed by private funds at Suffolk County Community College in the amount of $4,325.00.

 

      No. 58-2001 – Accepting and appropriating an amendment to the College budget for a grant award from the State University of New York for an Educational Opportunity Program 100% reimbursed by State funds at Suffolk County Community College in the amount of $1,475.00           

 

      No. 59-2001 – Accepting and appropriating interest accrued on State asset forfeiture funds deposited with the Suffolk County Treasurer on behalf of the Suffolk County District Attorney's Office in the amount of $7,995.37.

 

      No. 60-2001 – Accepting and appropriating additional 100% Federal grant of $194 from the New York State Department of Health for the Mammography Inspection Program.

 

      No. 61-2001 – Accepting and appropriating an unconditional gift of a car video system valued at $4,100.00 donated by the village of Islandia on behalf of the Suffolk County Police Department.

 

      No. 62-2000 – Accepting and appropriating interest totaling $19,612.37, which was earned on State asset forfeiture funds deposited with the Suffolk County Treasurer on behalf of the Suffolk County Police Department.

 

      No. 63-2001 – Accepting and appropriating Federal asset forfeiture funds on behalf of the Suffolk County Police Department from the U.S. Department of Justice in the amount of $52,436.39.

 

      No. 64-2001 – Accepting and appropriating Federal asset forfeiture funds on behalf of the Suffolk County Police Department from the U.S. Department of Justice in the amount of $1,766.25.

 

      No. 65-2001 – Accepting and appropriating Federal asset forfeiture funds on behalf of the Suffolk County Police Department from the U.S. Department of Justice in the amount of $2,724.85.

 

      No. 66-2001 – Accepting and appropriating Federal forfeiture revenues on behalf of the Suffolk County District Attorney's Office in the amount of $8,395.73.

 

Suffolk County Department of Planning, Council on Environmental Quality (CEQ):

 

*    CEQ recommendation concerning SEQRA classifications of legislative resolutions laid on the table June 5, 2001 and June 26, 2001.

     

*    CEQ review of various proposed planning and improvements at County Park facilities.

 

*    CEQ review of proposed NYSDEC consent order for Sewer District 18 – Hauppauge Industrial – Town of Smithtown.

 

*    CEQ review of proposed ocean grounding beds at Smith Point County Park, Fire Island, Town of Brookhaven.

 

*    CEQ review of proposed  restoration/renovation plans for the Timber Point Clubhouse and Golf Course, Town of Islip.

 

* Charles J. Bartha, P.E., Commissioner, SCDPW – Minutes of the Sewer Agency meeting held on June 27, 2001.

 

Fleet Bank as Investment Manager:  Statement of Vanderbilt Museum Trust Fund for period of June 1-31, 2001.

 

NYS Public Service Commission: At a session held on June 29, 2001 – Case 99-G-1469 – petition of the Brooklyn Union Gas Company and KeySpan Gas East Corp. for a multi-year restructuring agreement – Order Delaying Outreach and Education Program.

 

NYS Public Service Commission: At a session held on June 26, 2001 – Case 99-G-1469 - petition of the Brooklyn Union Gas Company and KeySpan Gas East Corp. for a multi-year restructuring agreement – Confirming Order.

 

PUBLIC HEARINGS:  (7:00 P.M.)

 

PUBLIC HEARING regarding Intro. No. 1343-01--Authorization of rate alterations for the North Ferry Co., Inc., for ferry boat service between Shelter Island Heights, New York, and the Village of Greenport, in the Town of Southold, New York.  (P.O.) (No SEQRA required)  (Recessed from 6/26/01).  CLOSED.

 

PUBLIC HEARING regarding Intro. No. 1490-01--Adopting Local Law No.    2001, a local law to establish healthy bottled water labeling law.  (Alden)  (SEQRA Complete)  (Recessed from 6/26/01). RECESSED.

 

PUBLIC HEARING regarding Intro. No. 1494-01--Adopting Local Law No.    2001, a charter law to promote smart growth by diversifying composition of County Planning Commission.  (Fields)  (SEQRA Complete)  (Recessed from 6/26/01).  CLOSED.

 

PUBLIC HEARING regarding Intro. No. 1510-01--Approving renewal and extension of ferry license and fares for Tony’s Freight Service, Inc.  (P.O.)  (No SEQRA Required).  CLOSED.

 

Presiding Officer Tonna announced that public hearings would be held on AUGUST 28, 2001, AT 2:30 P.M., AT THE WILLIAM H. ROGERS LEGISLATURE BUILDING, HAUPPAUGE, NY, for the following:

 

PUBLIC HEARING regarding Intro. No. 1725-01--Authorization of alteration of rates for North Ferry, Co., Inc.  (P.O.)

 

PUBLIC HEARING regarding Intro. No. 1790-01--Adopting Local Law No.    2001, a local law to establish lamp light conservation policy to conserve energy.  (Cooper)

 

PUBLIC HEARING regarding Intro. No. 1792-01--Adopting Local Law No.    2001, a local law to establish “Three Strikes You Are Out” cancellation of County Occupational Licenses for violators of employment laws. (Caracappa)

 

            Ms. Fields made a motion to override Resolution No. 603-01 (Intro. Res. No. 1594-01), seconded by Mr. Foley.  On a roll call vote:  9 Legislators in favor; 8 opposed, Mr. Caracappa, Mr. Haley, Mr. Alden, Mrs. Carpenter, Mr. Crecca, Mr. D’andre, Mr. Binder, and Mr. Tonna; 1 absent, Mr. Towle.  Motion to override not adopted.

 

            Ms. Fields made a motion to override Resolution No. 604-01 (Intro. Res. No. 1595-01), seconded by Ms. Postal.  On a roll call vote:  9 Legislators in favor; 8 opposed, Mr. Caracappa, Mr. Haley, Mr. Alden, Mrs. Carpenter, Mr. Crecca, Mr. D’andre, Mr. Binder, and Mr. Tonna; 1 absent, Mr. Towle.  Motion to override not adopted.

 

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

 

Intro. Res. No. 1701 -2001                                                                    Laid on Table 7/27/2001

Introduced by Legislator Towle

 

RESOLUTION NO. 651-2001, APPROVING VENDOR SERVICE FOR CERTAIN COUNTY FACILITIES BY "JOE THE CORN MAN" GAMPER

 

            WHEREAS, Joe Gamper is a local Marine Corp veteran who has operated a farm stand adjacent to the “Old Robinson Duck Farm" for ten years, building up a following of customers who purchase his local Long Island-grown produce; and

 

            WHEREAS, Joe Gamper has a Suffolk County Veteran peddler’s permit and is locally known as “Joe the Corn Man”; and

 

            WHEREAS, County officials recently closed his farm stand due to a perceived risk of motor vehicle accidents; and

 

            WHEREAS, Joe Gamper is an asset to his local community and more than 1,000 of his customers have signed a petition requesting that he be allowed to remain in business and continue to operate his farm stand; and

 

            WHEREAS, Section 372-13 of the SUFFOLK COUNTY CODE requires Legislative approval  for the use of County property or parking areas for the solicitation of  such business, subject to a comparative evaluation of revenues to be generated by the County from the proposed contract vendor; now, therefore, be it

 

1st       RESOLVED, that the Division of Purchasing in the County Department of Public Works is hereby authorized, empowered, and directed, pursuant to Section 8-4(C)(12) of the SUFFOLK COUNTY CHARTER and Section 372-13(A), (B), and (C) of the SUFFOLK COUNTY CODE, to:

 

1.)        review the proposal made by Joe Gamper to provide the sale of farm produce and other incidentals at the County site listed on Exhibit "A", attached hereto and made a part hereof;

 

2.)        prepare a comparative evaluation of the revenues to be generated by the County from the proposed contract vendor;

 

3.)        determine whether or not the proposed contract vendor is responsible and qualified to perform such sales; and

 

4.)        propose such terms and conditions as may be necessary and appropriate for the award of such a contract;

 

and be it further

 

2nd      RESOLVED, that this Legislature hereby approves the sale of Long Island-grown farm produce by Joe Gamper a/k/a "Joe the Corn Man " at the County site listed on Exhibit "A", attached hereto and made a part hereof, subject to a comparative evaluation of the revenues to be generated by the County to be completed by the Division of Purchasing in the County Department of Public Works, on such terms and conditions as may be imposed by the Division of Purchasing, such evaluation to be completed on or before August 31, 2001.

 

DATED: August 7, 2001

 

            APPROVED BY:

 

            /s/ Robert J. Gaffney

            County Executive of Suffolk County

                       

            Date of Approval: August 27, 2001

 

            Mr. Towle offered the following resolution, seconded by Mr. Caracappa.  On a roll call vote:  17 Legislators in favor; 0 opposed; 1 abstention, Mr. Bishop.

 

Intro. Res. No. 1702-2001                                                                    Laid on Table  7/27/2001

Introduced by the Presiding Officer at the request of the County Executive and Legislators Towle  and Crecca

 

RESOLUTION NO. 652 - 2001, AMENDING BOTH THE 2001 ADOPTED OPERATING BUDGET, AND THE SUFFOLK COUNTY SALARY AND CLASSIFICATION PLAN, AS WELL AS, CREATING AND AMENDING TITLES AND POSITIONS IN THE DISTRICT ATTORNEY’S OFFICE

 

WHEREAS, Resolution No. 1080-1979 created a salary plan for the Assistant District Attorneys and certain other titles in the District Attorney’s Office; and

 

WHEREAS, adoption of that plan was intended to insure that the people of the County would at all times and in all criminal courts be represented by qualified prosecutors; and

 

WHEREAS, due to numerous amendments since its inception, this salary plan is no longer adequate to insure the District Attorney’s ability to recruit and retain the most qualified prosecutors; and

 

WHEREAS, there are sufficient funds within the 2001 Adopted Operating Budget to cover the cost of said changes; and

 

WHEREAS, fixing salaries for Assistant District Attorney’s, and certain other exempt employees in the District Attorney’s Office enhance the District Attorney’s ability to recruit and retain qualified prosecutors; now, therefore be it

 

RESOLVED, that effective January 1, 2001 the Suffolk County Salary and Classification Plan is hereby amended as follows:

 

ADDITIONS

 

SPEC. NO.                  TITLE                                                                   GRADE              B/U       J/C

6115                          ASSISTANT DISTRICT ATTORNEY                    24                21        EX

6121                          SR. ASSISTANT DISTRICT ATTORNEY                          27                21        EX

6135                          PRIN. ASSISTANT DISTRICT ATTORNEY           34                21        EX

6125                          DEPUTY BUREAU CHIEF                                  36                21        EX

6111                          BUREAU CHIEF                                                           38                21        EX

6113                          DIVISION CHIEF                                                        39                21        EX

 

AMENDMENTS

 

                                                                                                        CURRENT   AMENDED

SPEC. NO.                  TITLE                                                               GR.                 GR. B/U      J/C

6114                          CHIEF ASSISTANT DISTRICT ATTORNEY     UNG 40                   21  EX

5734                          CHIEF DETECTIVE INVESTIGATOR              UNG 38                   21  EX

5735                          DEP. CHIEF DETECTIVE INVESTIGATOR      UNG 36                   21  NC

6167                          ASST. TO THE DISTRICT ATTORNEY                   UNG               36     21       EX

6110                          JR. ASST. DISTRICT ATTORNEY                         UNG               23     21       EX

 

 

 

DELETIONS

 

SPEC. NO.                  TITLE                                                                               GR.       B/U       J/C

6113                          BUREAU CHIEF III                                                 UNG      21         EX

6111                          BUREAU CHIEF II                                                  UNG      21         EX

6112                          BUREAU CHIEF I                                                               UNG      21         EX

6127                          DEP. BUREAU CHIEF III                                                     UNG      21         EX

6126                          DEP. BUREAU CHIEF II                                                      UNG      21         EX

6125                          DEP. BUREAU CHIEF I                                                        UNG      21         EX

6139                          PRIN. ASSISTANT DISTRICT ATTORNEY V               UNG      21         EX

6138                          PRIN. ASSISTANT DISTRICT ATTORNEY IV             UNG      21         EX

6137                          PRIN. ASSISTANT DISTRICT ATTORNEY III             UNG      21         EX

6136                          PRIN. ASSISTANT DISTRICT ATTORNEY II              UNG      21         EX

6135                          PRIN. ASSISTANT DISTRICT ATTORNEY I               UNG      21         EX

6119                          ASSISTANT DISTRICT ATTORNEY   V                      UNG      21         EX

6118                          ASSISTANT DISTRICT ATTORNEY IV                                  UNG      21         EX

6117                          ASSISTANT DISTRICT ATTORNEY III                                  UNG      21         EX

6116                          ASSISTANT DISTRICT ATTORNEY II                                   UNG      21         EX

6115                          ASSISTANT DISTRICT ATTORNEY I                                    UNG      21         EX

 

and be it further,

 

RESOLVED, the 2001 Operating Budget is, effective January 1, 2001, amended in that existing positions in the District Attorney’s 2001 Adopted Operating Budget are assigned the title, grade and step as indicated on the attached “Schedule A” which is by reference incorporated and made a part hereof.

 

DATED: August 7, 2001

 

            APPROVED BY:

 

            /s/ Robert J. Gaffney

            County Executive of Suffolk County

                       

            Date of Approval: August 16, 2001

 

            Mr. Caracappa 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. 1659-2001                                                                       Laid on Table  6/26/2001

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

 

RESOLUTION NO. 653 - 2001, AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AN AGREEMENT WITH THE SUFFOLK COUNTY ASSOCIATION OF MUNICIPAL EMPLOYEES BARGAINING UNITS NO. 2 AND NO. 6 COVERING THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD JANUARY 1, 2001 THROUGH DECEMBER 31, 2003

 

WHEREAS, the County Executive, the Director of Personnel and Labor Relations, and the President of the Suffolk County Association of Municipal Employees have reached an agreement covering the terms and conditions of employment for the period of January 1, 2001 through December 31, 2003, subject to approval, to the extent necessary, by the Suffolk County Legislature; and

 

WHEREAS, such agreement has been set down in a stipulation of agreement, a copy of which has been filed with the Clerk of the Suffolk County Legislature; and

 

WHEREAS, such agreement has been ratified by the Suffolk County Association of Municipal Employees; and

 

WHEREAS, sufficient funds are included in the 2001 Operating Budget to cover the 2001 portion of the labor contract between the County of Suffolk and the Association of Municipal Employees; now, therefore, be it

 

RESOLVED, that the County Executive be and is hereby authorized to execute an agreement with the Suffolk County Association of Municipal Employees in accordance with the stipulation of agreement dated June 22, 2001, a copy of which is on file with the Clerk of the Suffolk County Legislature, covering the terms and conditions of employment for the period January 1, 2001 through December 31, 2003.

 

DATED: August 7, 2001

 

            APPROVED BY:

 

            /s/ Robert J. Gaffney     

            County Executive of Suffolk County

                       

            Date of Approval: August 16, 2001

 

            Ms. Fisher offered the following resolution, seconded by Mrs. Carpenter.  On a roll call vote:  16 Legislators in favor; 2 opposed, Mr. Alden and Mr. Binder.

 

Introduced by Presiding Officer Tonna and Legislators Fisher, Carpenter, Caracappa, Fields

 

RESOLUTION NO.  654 - 2001, TO AMEND THE 2001-2002 RECOMMENDED SUFFOLK COUNTY COMMUNITY COLLEGE OPERATING BUDGET

 

WHEREAS, the 2001-2002 Recommended Operating Budget for Suffolk County Community College  complies with Local Laws 38-1989 and 29-1995; and

 

 

 

 

WHEREAS, the Suffolk County Legislature held two public hearings on June 26, 2001 and July 25, 2001 concerning the Recommended 2001-2002 Operating budget; and

WHEREAS, Resolution 30-97 requires that the Suffolk County Community College recommended Operating Budget, Budget Amendment Resolution(s), and Budget Amendment Veto(s) shall contain a County contribution line for illustrative purposes only; and

 

 

 

 

WHEREAS, this Resolution contains such budgetary adjustments as shall be necessary to accomplish the explicitly stated single budgetary objective set forth in the budget note below; now, therefore, be it

 

 

 

 

1st RESOLVED, that the 2001-2002 Recommended Operating Budget for Suffolk County Community College be and it hereby is amended as follows:

 

 

 

 

Revenues:

 

 

 

 

2000-2001

2000-2001

 

 

Estimated

Revised Est'd

Difference

818-1350 Student Tuition- Full Time Fall

 $      11,404,729

 $  11,222,729

 $     (182,000)

818-1351 Student Tuition- Full Time Spring

 $      10,452,150

 $  10,270,150

 $     (182,000)

subtotal

 

 

 $     (364,000)

 

 

 

 

 

 

 

 

 

2001-2002

2001-2002

 

 

Recommended

Adopted

Difference

818-SCC-1001 Non-Mandated Real Property Taxes*

 $        3,327,534

 $    3,509,346

$181,812

818-SCC-2810 Suffolk County Contrib.*

 $      28,569,265

 $  30,135,643

$1,566,378

818 Contribution to Community College Fund*

 $      31,896,799

 $  33,644,989

$1,748,190

* shown for illustrative purposes pursuant to resolution 30-97

 

 

818-1350 Student Tuition- Full Time Fall

 $      12,144,735