TWENTY-SECOND DAY

REGULAR MEETING

December 14, 1995

Minutes of the Regular Meeting of the County Legislature of Suffolk County, New York, held in the William H. Rogers Legislature Building, Hauppauge, New York, at 9:30 a.m., pursuant to notice duly given.

The meeting was called to order at 10:05 a.m. by Presiding Officer Blydenburgh. The Clerk called the roll and the following were found present: Legislators Blass, Guldi, Davis, Caracappa, Locorriere, Levy, Finlay, Carpenter, Bishop, Tonna, Hackeling, Rizzo, and Blydenburgh. Legislators *Bredes, *Foley, *D'Andre, *Postal, and *Binder being absent.

Pledge of Allegiance followed by invocation, followed by a moment of silence.

Presiding Officer Blydenburgh stated, "During the hiatus between our last meeting and this, a friend of mine passed away. She worked for the County Executive's Office; I believe it was in the Office of the Aging. During this time, especially, it's very difficult for the family of the people who pass away because of the holiday coming up, and I'm sure it's going to be extremely difficult on her husband, Arthur. So I'd ask you for a moment of silence for Irene Schonfeld from the County Executive's Office."

*10:20 a.m. - Legislator D'Andre arrived.

*10:25 a.m. - Legislator Bredes arrived.

*10:40 a.m. - Legislator Binder arrived.

*10:47 a.m. - Legislator Foley arrived.

* - Legislator Postal arrived later.

COMMUNICATIONS:

Suffolk County Executive Pro Forma Resolutions:

No. 38-1995 - Accepting and appropriating an unconditional gift of a five-unit modular building from the Bethpage Federal Credit Union, with a value of $20,000.00

No. 40-1995 - Accepting and appropriating Federal Asset Forfeiture funds on behalf of the Suffolk County Sheriff's Department, from the U.S. Department of Treasury, in the amount of $50,987.04.

No. 41-1995 - Accepting and appropriating money market interest totalling $523.51 which was earned on Asset Forfeiture Funds deposited with the Suffolk County Treasurer, on behalf of the Suffolk County Sheriff's Department.

No. 42-1995 - Accepting and appropriating Federal Asset Forfeiture funds on behalf of the Suffolk County Police Department, from the U.S. Department of Justice (U.S. Customs) in the amount of $110,260.52.

No. 43-1995 - Accepting and appropriating grant funds in the amount of $4,500.00 on behalf of the Suffolk County Sheriff's Department, awarded by the State of New York, Division of Criminal Justice Services.

No. 44-1995 - Accepting and appropriating funds in the amount of $250.00 (which represents 50% of the $500.00), collected in fines by the Suffolk County Department of Health Services, for violation of the New York State Adolescent Tobacco Use Protection Act.

No. 45-1995 - Accepting and appropriating Federal Asset Forfeiture Funds on behalf of the Suffolk County Police Department, from the U.S. Department of Justice (D.E.A.) in the amount of $31,570.29.

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

CEQ review of the proposed lease amendment of Building #155 to Wilson Marketing Enterprises, Inc., at the Francis S. Gabreski Airport, Westhampton Beach, Town of Southampton.

CEQ review of the proposed lease renewal of Building #110 to Omni-Hampton Swimming Pool Service, at Francis S. Gabreski Airport, Westhampton Beach, Town of Southampton.

CEQ review of the proposed improvements to the H. Lee Dennison Building, Hauppauge, Town of Islip.

General L. Rains, Chief Deputy County Treasurer: List of refunds or adjustments for January through October 1995, regarding Resolution 195-1995 - (Authorizing the Treasurer to refund erroneous tax payments of $500.00 or less).

Suffolk Community College - Minutes of the Board of Trustees meeting, September 14, 1995, October 27, 1995.

Preliminary and Official Statement relating to the issuance of County of Suffolk, New York - $19,575,000 Public Improvement (Serial) Bonds, 1995 Series B (Book-Entry-Only Bonds).

Suffolk County Office of the Comptroller, Pat Grimes, Principal Auditor - County of Suffolk $19,575,000 Public Improvement Serial Bonds, 1995 Series B dated October 15, 1995 - Arbitrage Certificate and the Supplemental General Certificate, dated November 2, 1995.

Preliminary Official Statement dated December 7, 1995 - County of Suffolk, New York, $90,435,000, Southwest Sewer District Refunding (Serial) Bonds, 1995, (Book Entry-Only Bonds) (the "Bonds").

State of New York, Department of Public Services, Energy & Water Division - Cost Allocation & Rate Design - Case 93-E-1123 - Proceeding on motion of the Commission as to the rates, charges, rules and regulations for electric service.

New York State, Department of Social Services - Digest of Laws of 1995 relating to Social Services.

Michael T. Podgurski vs. Suffolk County, et al. - On petition for a Writ of Certiorari to United States Court of Appeals for the Second Circuit.

PUBLIC HEARINGS:

PUBLIC HEARING regarding Intro. No. 2003-95--Adopting Local Law No. -1995, a Local Law to regulate composting within Suffolk County. CLOSED.

PUBLIC HEARING regarding Intro. No. 2108-95--Adopting Local Law No. -1995, a Local Law establishing Suffolk County Drop-Off Recycling Program for nickel cadmium non-car batteries. RECESSED.

PUBLIC HEARING regarding Intro. No. 2117-95--Adopting Local Law No. -1995, a Local Law to establish integrated pest management programs for Suffolk County Departments and Agencies. CLOSED.

PUBLIC HEARING regarding Intro. No. 2146-95--the authorization of alteration of rates for Fire Island Ferries, Incorporated. CLOSED.

PUBLIC HEARING regarding Intro. No. 2251-95--Adopting Local Law No. -1995, a Local Law licensing businesses in the septic tank industry. RECESSED.

PUBLIC HEARING regarding Intro. No. 2252-95--Adopting Local Law No. -1995, a Local Law licensing businesses which paint commercial, industrial and residential structures. CLOSED.

PUBLIC HEARING regarding Intro. No. 2300-95--Adopting Local Law No. -1995, a Local Law to amend Chapter 275-3 of the Suffolk County Code to include the Child Support Enforcement Bureau's role with respect to child support payment schedules. CLOSED.

Presiding Officer Blydenburgh announced that a public hearing would be held on January 23, 1996, at 2:30 p.m., in Riverhead, New York, for the following:

PUBLIC HEARING regarding Intro. No. 2233-95--a proposal to extend the boundaries of Suffolk County Sewer District No. 4 - Birchwood-North Shore to include an existing contractee (six (6) homes) (Extension No. 3) and to consider a proposed consolidation of facilities for Sewer District Nos. 2 - Holbrook and 4 - Birchwood-North Shore, the consolidated district being designated "Suffolk County Sewer District No. 12 - Holbrook/Birchwood," in the Town of Brookhaven.

Motion was made to reconsider Resolution No. 964-95 (I.R. 1734-94) by Mrs. Postal, seconded by Mr. Bishop and duly adopted with the following recorded vote: 14 Legislators in favor; 4 opposed, Mr. D'Andre, Mr. Binder, Mr. Tonna, and Mr. Blydenburgh. Resolution adopted.

Mr. Davis made a motion to override Resolution No. 1041-95, seconded by Mr. Levy and duly adopted with the following recorded vote: 10 Legislators in favor; 8 opposed, Mr. Blass, Mr. Caracappa, Mr. Finlay, Mrs. Carpenter, Mr. D'Andre, Mr. Binder, Mr. Hackeling, and Mr. Blydenburgh. Motion to override not adopted.

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2205-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1104 - 1995, SALE OF COUNTY-OWNED REAL ESTATE PURSUANT TO LOCAL LAW 13-1976 (JOHN PETRAGLIA)

(TAX MAP NO. 0800-007.00-02.00-034.000)

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 sMITHTOWN, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0800, Section 007.00, Block 02.00, Lot 034.000, and acquired by tax deed on March 6, 1986, from General L. Rains, the Deputy County Treasurer of Suffolk County, New York, and recorded on March 7, 1986, in Liber 9992, at Page 456 on 457, and otherwise known as and by Town of Smithtown Sch Dist 473405 N-Petraglia E-Dragod S-Pellathy W-Broadview Ave; 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, JOHN PETRAGLIA has made an offer to the Division of Real Estate, Department of Law, for the purchase of said above described parcel for the sum of $1,350.00. 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 $1,350.00; and

WHEREAS, the Division of Real Estate, Department of Law, 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 Law, has received and deposited the sum of $1,350.00, pursuant to said purchase offer; and

WHEREAS, the Division of Real Estate, Department of Law, 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, therefore, be it

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 Director of the Division of Real Estate, Department of Law, 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 and on the above described terms to said JOHN PETRAGLIA, 29 Broadview Avenue, Kings Park, New York 11754

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2206-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1105 - 1995, SALE OF COUNTY-OWNED REAL ESTATE PURSUANT TO LOCAL LAW 13-1976 (WLADYSLAW O. WANTULA and YVONNE WANTULA, his wife)

(TAX MAP NO. 0800-014.00-02.00-028.000)

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 sMITHTOWN, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0800, Section 014.00, Block 02.00, Lot 028.000, and acquired by tax deed on May 25, 1989, from General L. Rains, the Deputy County Treasurer of Suffolk County, New York, and recorded on May 25, 1989, in Liber 10864, at Page 173 on 174, and otherwise known as and by Town of Smithtown, N-Haller E-Busse S-Roche W-Fagan; 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, WLADYSLAW O. WANTULA and YVONNE WANTULA, his wife, have made an offer to the Division of Real Estate, Department of Law, for the purchase of said above described parcel for the sum of $1,000.00. 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 $1,000.00; and

WHEREAS, the Division of Real Estate, Department of Law, 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 Law, has received and deposited the sum of $1,000.00, pursuant to said purchase offer; and

WHEREAS, the Division of Real Estate, Department of Law, 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, therefore, be it

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 Director of the Division of Real Estate, Department of Law, 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 and on the above described terms to said WLADYSLAW O. WANTULA and YVONNE WANTULA, his wife, 19 Old Dock Road, Kings Park, New York 11754.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2207-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1106 - 1995, SALE OF COUNTY-OWNED REAL ESTATE PURSUANT TO LOCAL LAW 13-1976 (JOSEPH GILKEY, JR. and SUSAN GILKEY, his wife, as to a 1/2 interest, and JANICE M. GRAVES, as to a 1/2 interest, Tenants in Common)

(TAX MAP NO. 0800-115.00-01.00-061.000)

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 sMITHTOWN, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0800, Section 115.00, Block 01.00, Lot 061.000, and acquired by tax deed on February 19, 1988, from Jean H. Tuthill, the County Treasurer of Suffolk County, New York, and recorded on February 19, 1988, in Liber 10544, at Page 117 on 118, and otherwise known as and by Town of Smithtown, 22nd Map House & Home Co Map 581 Pt Lot 3; 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, JOSEPH GILKEY, JR. and SUSAN GILKEY, his wife, as to a 1/2 interest, and, JANICE M. GRAVES, as to a 1/2 interest, Tenants in Common, have made an offer to the Division of Real Estate, Department of Law, for the purchase of said above described parcel for the sum of $650.00. 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 $650.00; and

WHEREAS, the Division of Real Estate, Department of Law, 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 Law, has received and deposited the sum of $650.00, pursuant to said purchase offer; and

WHEREAS, the Division of Real Estate, Department of Law, 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, therefore, be it

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 Director of the Division of Real Estate, Department of Law, 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 and on the above described terms to said JOSEPH GILKEY, JR. and SUSAN GILKEY, his wife, as to a 1/2 interest, and, JANICE M. GRAVES, as to a 1/2 interest, Tenants in Common, 269 Browns Road, Nesconset, New York 11767.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2208-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1107 - 1995, SALE OF COUNTY-OWNED REAL ESTATE PURSUANT TO LOCAL LAW 13-1976 (JAMES McBREARTY and RITA McBREARTY, his wife)

(TAX MAP NO. 0400-259.00-02.00-041.004)

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 Huntington, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0400, Section 259.00, Block 02.00, Lot 041.004, and acquired by tax deed on May 18, 1990, from General L. Rains, the Deputy County Treasurer of Suffolk County, New York, and recorded on May 25, 1990, in Liber 11074, at Page 149 on 151, and otherwise known as and by Town of Huntington, N x now or formerly James Jr. & Rita McBrearty, Joseph H. & Mary Segarra & Juan T. & Celia Banguela, E x now or formerly Richard Runge, S x now or formerly Richard Runge, W x now or formerly County of Suffolk; 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, JAMES McBREARTY and RITA McBREARTY, his wife, have made an offer to the Division of Real Estate, Department of Law, for the purchase of said above described parcel for the sum of $350.00. 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 $350.00; and

WHEREAS, the Division of Real Estate, Department of Law, 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 Law, has received and deposited the sum of $350.00, pursuant to said purchase offer; and

WHEREAS, the Division of Real Estate, Department of Law, 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, therefore, be it

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 Director of the Division of Real Estate, Department of Law, 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 and on the above described terms to said JAMES McBREARTY and RITA McBREARTY, his wife, 26 Grossman Street, Melville, New York 11747.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2209-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1108 - 1995, SALE OF COUNTY-OWNED REAL ESTATE PURSUANT TO LOCAL LAW 13-1976 (JOHN MITCHELL and MARGARET MITCHELL, his wife)

(TAX MAP NO. 0100-047.00-01.00-005.000)

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 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 047.00, Block 01.00, Lot 005.000, and acquired by tax deed on March 18, 1991, from General L. Rains, the Deputy County Treasurer of Suffolk County, New York, and recorded on March 26, 1991, in Liber 11238, at Page 204 on 206, and otherwise known as and by Town of Babylon Sch Dist 22 N-Albert E-Hallock St S-Nass Co Line W-Nass Co Line; 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, JOHN MITCHELL and MARGARET MITCHELL, his wife, have made an offer to the Division of Real Estate, Department of Law, for the purchase of said above described parcel for the sum of $250.00. 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 $25.00; and

WHEREAS, the Division of Real Estate, Department of Law, 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 Law, has received and deposited the sum of $250.00, pursuant to said purchase offer; and

WHEREAS, the Division of Real Estate, Department of Law, 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, therefore, be it

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 Director of the Division of Real Estate, Department of Law, 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 and on the above described terms to said JOHN MITCHELL and MARGARET MITCHELL, his wife, 24 Barbara Street, Bethpage, New York 11714.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2210-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1109 - 1995, SALE OF COUNTY-OWNED REAL ESTATE PURSUANT TO LOCAL LAW 13-1976 (IGNAZIO E. SIMONETTI and GERALDINE M. SIMONETTI, TENANTS IN COMMON)

(TAX MAP NO. 0500-367.00-02.00-124.000)

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 Islip, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0500, Section 367.00, Block 02.00, Lot 124.000, and acquired by tax deed on May 31, 1989, from General L. Rains, the Deputy County Treasurer of Suffolk County, New York, and recorded on May 31, 1989, in Liber 10866, at Page 517 on 521, and otherwise known as and by Town of Islip on a certain Map showing property owned by Josiah Robbins and Filed in the Suffolk County Clerk's Office on 4/29/1910 as Map No. 279 Lot No. N P/O Lot 1; 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, IGNAZIO E. SIMONETTI and GERALDINE M. SIMONETTI, TENANTS IN COMMON, have made an offer to the Division of Real Estate, Department of Law, for the purchase of said above described parcel for the sum of $250.00. 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 $250.00; and

WHEREAS, the Division of Real Estate, Department of Law, 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 Law, has received and deposited the sum of $250.00, pursuant to said purchase offer; and

WHEREAS, the Division of Real Estate, Department of Law, 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, therefore, be it

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 Director of the Division of Real Estate, Department of Law, 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 and on the above described terms to said IGNAZIO E. SIMONETTI and GERALDINE M. SIMONETTI, TENANTS IN COMMON, 114 Elder Road, Islip, New York 11751.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2211-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1110 - 1995, SALE OF COUNTY-OWNED REAL ESTATE PURSUANT TO LOCAL LAW 13-1976 (DUANE DINGMAN and VICTORIA WHITE-DINGMAN, his wife)

(TAX MAP NO. 0500-462.00-02.00-041.000 F/K/A 041.002)

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 Islip, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0500, Section 462.00, Block 02.00, Lot 041.000 F/K/A 041.002, and acquired by tax deed on March 28, 1985, from General L. Rains, the Deputy County Treasurer of Suffolk County, New York, and recorded on March 28, 1985, in Liber 9760, at Page 275 on 285, and otherwise known as and by Town of Islip, N x now or formerly Anthony Costanza, E x now or formerly National Audubon Soc. Inc., S x now or formerly Ruth Goodman, W x now or formerly Duane Dingman & Victoria S. White; 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, DUANE DINGMAN and VICTORIA WHITE-DINGMAN, his wife, have made an offer to the Division of Real Estate, Department of Law, for the purchase of said above described parcel for the sum of $2,500.00. 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 $2,500.00; and

WHEREAS, the Division of Real Estate, Department of Law, 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 Law, has received and deposited the sum of $2,500.00, pursuant to said purchase offer; and

WHEREAS, the Division of Real Estate, Department of Law, 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, therefore, be it

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 Director of the Division of Real Estate, Department of Law, 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 and on the above described terms to said DUANE DINGMAN and VICTORIA WHITE-DINGMAN, his wife, 113 Elder Road, Islip, New York 11751.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2212-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1111 - 1995, SALE OF COUNTY-OWNED REAL ESTATE PURSUANT TO LOCAL LAW 13-1976 (PETER R. MOORE and MAUREEN J. CROASDALE, his wife)

(TAX MAP NO. 0400-070.00-01.00-007.005)

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 hUNTINGTON, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0400, Section 070.00, Block 01.00, Lot 007.005, and acquired by tax deed on March 25,1991, from General L. Rains, the Deputy County Treasurer of Suffolk County, New York, and recorded on April 1, 1991, in Liber 11240, at Page 390 on 391, and otherwise known as and by Town of Huntington, North x now or formerly Peter Moore & Maureen Croasdale, East x now or formerly Louis & Carol M. Caiazzo, South x Dumbarton Dr., West x now or formerly Robert C. & Maria Canavello; 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, PETER R. MOORE and MAUREEN J. CROASDALE, his wife, have made an offer to the Division of Real Estate, Department of Law, for the purchase of said above described parcel for the sum of $600.00. 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 $600.00; and

WHEREAS, the Division of Real Estate, Department of Law, 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 Law, has received and deposited the sum of $600.00, pursuant to said purchase offer; and

WHEREAS, the Division of Real Estate, Department of Law, 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, therefore, be it

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 Director of the Division of Real Estate, Department of Law, 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 and on the above described terms to said PETER R. MOORE and MAUREEN J. CROASDALE, his wife, 137 West Neck Road, Huntington, New York 11743.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2213-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1112 - 1995, SALE OF COUNTY-OWNED REAL ESTATE PURSUANT TO LOCAL LAW 13-1976 (NUNZIO DI LORENZO and GIUSEPPA DI LORENZO, his wife)

(TAX MAP NO. 0103-008.00-03.00-058.000)

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 Incorporated Village of Lindenhurst, 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 0103, Section 008.00, Block 03.00, Lot 058.000, and acquired by tax deed on June 1, 1990, from General L. Rains, the Deputy County Treasurer of Suffolk County, New York, and recorded on June 13, 1990, in Liber 11085, at Page 79 on 83, and otherwise known as and by Incorporated Village of Lindenhurst, Town of Babylon, Filed Map 155 Sec 2 Lot Pts 31-33 Inc Blk 113; 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, NUNZIO DI LORENZO and GIUSEPPA DI LORENZO, his wife, have made an offer to the Division of Real Estate, Department of Law, for the purchase of said above described parcel for the sum of $250.00. 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 $250.00; and

WHEREAS, the Division of Real Estate, Department of Law, 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 Law, has received and deposited the sum of $250.00, pursuant to said purchase offer; and

WHEREAS, the Division of Real Estate, Department of Law, 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, therefore, be it

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 Director of the Division of Real Estate, Department of Law, 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 and on the above described terms to said NUNZIO DI LORENZO and GIUSEPPA DI LORENZO, his wife, 332 North Ontario Avenue, North Lindenhurst, New York 11757.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2214-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1113 - 1995, SALE OF COUNTY-OWNED REAL ESTATE PURSUANT TO LOCAL LAW 13-1976 (JOSE GOMES and MOLOOD GOMES, his wife)

(TAX MAP NO. 0500-269.00-01.00-009.001)

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 iSLIP, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0500, Section 269.00, Block 01.00, Lot 009.001, and acquired by tax deed on March 1, 1988, from General L. Rains, the Deputy County Treasurer of Suffolk County, New York, and recorded on March 1, 1988, in Liber 10551, at Page 554 on 557, and otherwise known as and by Town of Islip, "Map of Oakdale Park" and filed in the Suffolk County Clerk's Office on 12/12/1903 as Map No. 480 Sec. 3 Lot No. P/O Kentucky Ave. (now abandoned); 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, JOSE GOMES and MOLOOD GOMES, his wife, have made an offer to the Division of Real Estate, Department of Law, for the purchase of said above described parcel for the sum of $1,500.00. 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 $1,500.00; and

WHEREAS, the Division of Real Estate, Department of Law, 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 Law, has received and deposited the sum of $1,500.00, pursuant to said purchase offer; and

WHEREAS, the Division of Real Estate, Department of Law, 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, therefore, be it

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 Director of the Division of Real Estate, Department of Law, 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 and on the above described terms to said JOSE GOMES and MOLOOD GOMES, his wife, 111 Cedar Avenue, Islip, New York 11751.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2215-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1114 - 1995, AUTHORIZING THE SALE, PURSUANT TO LOCAL LAW 16-1976, OF REAL PROPERTY ACQUIRED UNDER SECTION 46 OF THE SUFFOLK COUNTY TAX ACT (BRUCE F. METCALF AND BONNIE F. METCALF, his wife) (0500-491.00-02.00-030.000)

WHEREAS, the COUNTY OF SUFFOLK acquired 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 iSLIP, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0500, Section 491.00, Block 02.00, Lot 030.000, and acquired by tax deed on mARCH 14, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York and recorded on March 28, 1995, in Liber 11719, at Page 665, and otherwise known as and by Town of Islip, "Map of Lighthouse Shore, Inc., Section Two," Filed in the Office of the Clerk of the County of Suffolk on May 17, 1957, as Map No. 2709, known and designated as Lot No. 37; and

FURTHER, notwithstanding the above description, it is the intention of this conveyance to give title only to such property as was acquired by the County of Suffolk by Tax Deed on March 14, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York, and recorded on March 28, 1995 in Liber 11719 at Page 665.

WHEREAS, in accordance with Suffolk County Local Law 16-1976, provision has been made for the sale of such real property acquired by the County through tax sale; and

WHEREAS, BRUCE F. METCALF AND BONNIE F. METCALF have made application to the Division of Real Estate, Department of Law for the acquisition of said above described parcel and BRUCE F. METCALF AND BONNIE F. METCALF have paid the application fee therefore; and

WHEREAS, the Division of Real Estate has received and deposited the sum of $17,099.54, as full payment of all amounts due the County of Suffolk pursuant to said Local Law by applicant through November 30, 1995; and

WHEREAS, the Division of Real Estate has terminated collection of Use & Occupancy fees from the applicant upon receipt of the above sum; and

WHEREAS, the Division of Real Estate, Department of Law, has determined that BRUCE F. METCALF AND BONNIE METCALF a/k/a BONNIE F. METCALF had an interest in the subject parcel at the time of application as specified in Section 1, Local Law 16-1976 (as amended); and

WHEREAS, the Division of Real Estate, Department of Law having found that all requirements of said Local Law 16-1976 have been complied with, has approved said application; and

WHEREAS, the Division of Real Estate requests authority pursuant to said Local Law 16-1976 to Quitclaim the County's interest to said BRUCE F. METCALF AND BONNIE F. METCALF, his wife, for the above stated consideration plus or minus the usual real estate closing adjustments; now, therefore, be it

RESOLVED, that the Director of the Division of Real Estate, Department of Real Estate, Department of Law be and hereby is authorized to execute and acknowledge a Quitclaim Deed to BRUCE F. METCALF AND BONNIE F. METCALF, his wife, 42 East Lighthouse Walk, Ocean Beach, New York 11770, to transfer the interest of Suffolk County in the above described property and on the above described terms.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2216-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1115 - 1995, AUTHORIZING THE SALE, PURSUANT TO LOCAL LAW 16-1976, OF REAL PROPERTY ACQUIRED UNDER SECTION 46 OF THE SUFFOLK COUNTY TAX ACT (CHARLES R. LEVA AND FLORENCE M. LEVA, his wife) (0400-077.00-06.00-070.000)

WHEREAS, the COUNTY OF SUFFOLK acquired 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 hUNTINGTON, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0400, Section 077.00, Block 06.00, Lot 070.000, and acquired by tax deed on mARCH 14, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York and recorded on March 24, 1995, in Liber 11719, at Page 404, and otherwise known as and by Town of Huntington, "Map of Crown Estates" Section No. 2, filed in the Suffolk County Clerk's Office on November 30, 1959 as Map No. 3089, known and designated as Lot No. 47; and

FURTHER, notwithstanding the above description, it is the intention of this conveyance to give title only to such property as was acquired by the County of Suffolk by Tax Deed on March 14, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York, and recorded on March 24, 1995 in Liber 11719 at Page 404.

WHEREAS, in accordance with Suffolk County Local Law 16-1976, provision has been made for the sale of such real property acquired by the County through tax sale; and

WHEREAS, CITIBANK, N.A., as mortgagee, by Joseph Timpone, Assistant Secretary, has made application to the Division of Real Estate, Department of Law for the acquisition of said above described parcel and CITIBANK, N.A., as mortgagee, by Joseph Timpone, Assistant Secretary, has paid the application fee therefore; and

WHEREAS, the Division of Real Estate has received and deposited the sum of $63,893.34, as full payment of all amounts due the County of Suffolk pursuant to said Local Law by applicant through November 30, 1995; and

WHEREAS, the Division of Real Estate has terminated collection of Use & Occupancy fees from the applicant upon receipt of the above sum; and

WHEREAS, the Division of Real Estate, Department of Law, has determined that CITIBANK, N.A., as mortgagee, had an interest in the subject parcel at the time of application as specified in Section 1, Local Law 16-1976 (as amended); and

WHEREAS, the Division of Real Estate, Department of Law having found that all requirements of said Local Law 16-1976 have been complied with, has approved said application; and

WHEREAS, the Division of Real Estate requests authority pursuant to said Local Law 16-1976 to Quitclaim the County's interest to said CHARLES R. LEVA AND FLORENCE M. LEVA, his wife, for the above stated consideration plus or minus the usual real estate closing adjustments; now, therefore, be it

RESOLVED, that the Director of the Division of Real Estate, Department of Real Estate, Department of Law be and hereby is authorized to execute and acknowledge a Quitclaim Deed to CHARLES R. LEVA AND FLORENCE M. LEVA, his wife, 5 Renwick Avenue, Huntington, New York 11743, to transfer the interest of Suffolk County in the above described property and on the above described terms.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2217-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1116 - 1995, AUTHORIZING THE SALE, PURSUANT TO LOCAL LAW 16-1976, OF REAL PROPERTY ACQUIRED UNDER SECTION 46 OF THE SUFFOLK COUNTY TAX ACT (JAMES BRUNO, ROBERT BRUNO, GEORGE J. O'DONNELL, as Tenants in Common) (0300-028.00-03.00-025.000)

WHEREAS, the COUNTY OF SUFFOLK acquired 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 East Hampton, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0300, Section 028.00, Block 03.00, Lot 025.000, and acquired by tax deed on mARCH 14, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York and recorded on March 24, 1995, in Liber 11719, at Page 408, and otherwise known as and by Town of East Hampton, Filed Map 5152 Lot 86; and

FURTHER, notwithstanding the above description, it is the intention of this conveyance to give title only to such property as was acquired by the County of Suffolk by Tax Deed on March 14, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York, and recorded on March 24, 1995 in Liber 11719 at Page 408.

WHEREAS, in accordance with Suffolk County Local Law 16-1976, provision has been made for the sale of such real property acquired by the County through tax sale; and

WHEREAS, JAMES BRUNO, ROBERT BRUNO, GEORGE J. O'DONNELL have made application to the Division of Real Estate, Department of Law for the acquisition of said above described parcel and JAMES BRUNO, ROBERT BRUNO, GEORGE J. O'DONNELL, have paid the application fee therefore; and

WHEREAS, the Division of Real Estate has received and deposited the sum of $16,930.16, as full payment of all amounts due the County of Suffolk pursuant to said Local Law by applicant through November 30, 1994; and

WHEREAS, the Division of Real Estate has terminated collection of Use & Occupancy fees from the applicant upon receipt of the above sum; and

WHEREAS, the Division of Real Estate, Department of Law, has determined that JAMES BRUNO, ROBERT BRUNO, GEORGE J. O'DONNELL had an interest in the subject parcel at the time of application as specified in Section 1, Local Law 16-1976 (as amended); and

WHEREAS, the Division of Real Estate, Department of Law having found that all requirements of said Local Law 16-1976 have been complied with, has approved said application; and

WHEREAS, the Division of Real Estate requests authority pursuant to said Local Law 16-1976 to Quitclaim the County's interest to said JAMES BRUNO, ROBERT BRUNO, GEORGE J. O'DONNELL, as Tenants in Common, for the above stated consideration plus or minus the usual real estate closing adjustments; now, therefore, be it

RESOLVED, that the Director of the Division of Real Estate, Department of Real Estate, Department of Law be and hereby is authorized to execute and acknowledge a Quitclaim Deed to JAMES BRUNO, ROBERT BRUNO, GEORGE J. O'DONNELL, as Tenants in Common, 105 Lakeview Avenue, West Harrison, New York 10604 to transfer the interest of Suffolk County in the above described property and on the above described terms.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2218-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1117 - 1995, AUTHORIZING THE SALE, PURSUANT TO LOCAL LAW 16-1976, OF REAL PROPERTY ACQUIRED UNDER SECTION 46 OF THE SUFFOLK COUNTY TAX ACT (ARTHUR LEVELL) (0204-019.00-05.00-020.000)

WHEREAS, the COUNTY OF SUFFOLK acquired 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 Incorporated Village of Patchogue, 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 0204, Section 019.00, Block 05.00, Lot 020.000, and acquired by tax deed on April 4, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York and recorded on April 11, 1995, in Liber 11721, at Page 326, and otherwise known as and by Incorporated Village of Patchogue, Town of Brookhaven, Mrs. Kate L. Gilbert Amd Map 222 B9 1 & 2 W 46 Ft; and

FURTHER, notwithstanding the above description, it is the intention of this conveyance to give title only to such property as was acquired by the County of Suffolk by Tax Deed on April 4, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York, and recorded on April 11, 1995 in Liber 11721 at Page 326.

WHEREAS, in accordance with Suffolk County Local Law 16-1976, provision has been made for the sale of such real property acquired by the County through tax sale; and

WHEREAS, ASSOCIATES CONSUMER DISCOUNTS COMPANY, INC., by Geoff Brown, Vice President, as mortgagee, has made application to the Division of Real Estate, Department of Law for the acquisition of said above described parcel and ASSOCIATES CONSUMER DISCOUNTS COMPANY, INC., by Geoff Brown, Vice President, as mortgagee, has paid the application fee therefore; and

WHEREAS, the Division of Real Estate has received and deposited the sum of $20,029.06, as full payment of all amounts due the County of Suffolk pursuant to said Local Law by applicant through November 30, 1995; and

WHEREAS, the Division of Real Estate, Department of Law, has determined that ASSOCIATES CONSUMER DISCOUNTS COMPANY, INC., as mortgagee, had an interest in the subject parcel at the time of application as specified in Section 1, Local Law 16-1976 (as amended); and

WHEREAS, the Division of Real Estate, Department of Law having found that all requirements of said Local Law 16-1976 have been complied with, has approved said application; and

WHEREAS, the Division of Real Estate requests authority pursuant to said Local Law 16-1976 to Quitclaim the County's interest to said ARTHUR LEVELL, for the above stated consideration plus or minus the usual real estate closing adjustments; now, therefore, be it

RESOLVED, that the Director of the Division of Real Estate, Department of Real Estate, Department of Law be and hereby is authorized to execute and acknowledge a Quitclaim Deed to ARTHUR LEVELL, c/o Jeffrey A. Kosterich & Associates, P.C., 733 Yonkers Avenue, Yonkers, New York 10704, to transfer the interest of Suffolk County in the above described property and on the above described terms.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2219-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1118 - 1995, AUTHORIZING THE SALE, PURSUANT TO LOCAL LAW 16-1976, OF REAL PROPERTY ACQUIRED UNDER SECTION 46 OF THE SUFFOLK COUNTY TAX ACT (DEPOT ELECTRIC PENSION PLAN) (0200-969.00-07.00-026.000)

WHEREAS, the COUNTY OF SUFFOLK acquired 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 969.00, Block 07.00, Lot 026.000, and acquired by tax deed on May 5, 1994, from John C. Cochrane, the County Treasurer of Suffolk County, New York and recorded on May 17, 1994, in Liber 11677, at Page 170, and otherwise known as and by Town of Brookhaven, Mastic Acres Map 1442 Unit 2 841 & 842; and

FURTHER, notwithstanding the above description, it is the intention of this conveyance to give title only to such property as was acquired by the County of Suffolk by Tax Deed on May 5, 1994, from John C. Cochrane, the County Treasurer of Suffolk County, New York, and recorded on May 17, 1994 in Liber 11677 at Page 170.

WHEREAS, in accordance with Suffolk County Local Law 16-1976, provision has been made for the sale of such real property acquired by the County through tax sale; and

WHEREAS, DEPOT ELECTRIC PENSION PLAN, by Martin Bess, Administrator, as mortgagee, has made application to the Division of Real Estate, Department of Law for the acquisition of said above described parcel and DEPOT ELECTRIC PENSION PLAN, by Martin Bess, Administrator, as mortgagee, has paid the application fee therefore; and

WHEREAS, the Division of Real Estate has received and deposited the sum of $28,836.33, as full payment of all amounts due the County of Suffolk pursuant to said Local Law by applicant through November 30, 1995; and

WHEREAS, the Division of Real Estate, Department of Law, has determined that DEPOT ELECTRIC PENSION PLAN had an interest in the subject parcel at the time of application as specified in Section 1, Local Law 16-1976 (as amended); and

WHEREAS, the Division of Real Estate, Department of Law having found that all requirements of said Local Law 16-1976 have been complied with, has approved said application; and

WHEREAS, the Division of Real Estate requests authority pursuant to said Local Law 16-1976 to Quitclaim the County's interest to said DEPOT ELECTRIC PENSION PLAN for the above stated consideration plus or minus the usual real estate closing adjustments; now, therefore, be it

RESOLVED, that the Director of the Division of Real Estate, Department of Real Estate, Department of Law be and hereby is authorized to execute and acknowledge a Quitclaim Deed to DEPOT ELECTRIC PENSION PLAN, 63 Depot Road, Huntington Station, New York 11746, to transfer the interest of Suffolk County in the above described property and on the above described terms.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2224-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1119 - 1995, SALE OF COUNTY-OWNED REAL ESTATE PURSUANT TO LOCAL LAW 13-1976 (FLORIDA LAKE HOMES INC.) (TAX MAP NO. 0905-010.00-02.00-002.002)

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 Village of Westhamtpon Beach, Town of Southampton, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0905, Section 010.00, Block 02.00, Lot 002.002, and acquired by tax deed on aPRIL 19, 1988, from Jean H. Tuthill, the County Treasurer of Suffolk County, New York, and recorded on aPRIL 19, 1988, in Liber 10585, at Page 81 on 91, and otherwise known as and by Village of Westhampton Beach, Town of Southampton Sch Dist 02 N-Reynolds Dr E-Self S-Argon & Atlantic W-Argon & Atlantic; 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, FLORIDA LAKE HOMES INC. has made an offer to the Division of Real Estate, Department of Law, for the purchase of said above described parcel for the sum of $1,500.00. 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 $1,500.00; and

WHEREAS, the Division of Real Estate, Department of Law, 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 Law, has received and deposited the sum of $1,500.00, pursuant to said purchase offer; and

WHEREAS, the Division of Real Estate, Department of Law, 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, therefore, be it

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 Director of the Division of Real Estate, Department of Law, 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 and on the above described terms to said Florida Lake Homes Inc., 6917 Collins Avenue, Miami Beach, Florida 33141.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2226-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1120 - 1995, AUTHORIZING THE SALE, PURSUANT TO LOCAL LAW 16-1976, OF REAL PROPERTY ACQUIRED UNDER SECTION 46 OF THE SUFFOLK COUNTY TAX ACT (JOHN NOTO AND MARY NOTO, his wife) (0100-206.00-02.00-030.000)

WHEREAS, the COUNTY OF SUFFOLK acquired 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 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 206.00, Block 02.00, Lot 030.000, and acquired by tax deed on October 3, 1994, from John C. Cochrane, the County Treasurer of Suffolk County, New York and being intended to be the same parcel which was Memorialized and Docketed October 26, 1994, Document Number 436009, in the Office of the Registrar of County of Suffolk on Certificate of Title Number 149724, and otherwise known as and by Town of Babylon, Filed Map 155 Sh 4 Lot 35 S Pt Blk 11; and

FURTHER, notwithstanding the above description, it is the intention of this conveyance to give title only to such property as was acquired by the County of Suffolk by Tax Deed on October 3, 1994, from John C. Cochrane, the County Treasurer of Suffolk County, New York, and being intended to be the same parcel which was Memorialized and Docketed October 26, 1994, Document Number 436009, in the Office of the Registrar of County of Suffolk on Certificate of Title Number 149724.

WHEREAS, in accordance with Suffolk County Local Law 16-1976, provision has been made for the sale of such real property acquired by the County through tax sale; and

WHEREAS, JOHN NOTO, as former mortgagee, has made application to the Division of Real Estate, Department of Law for the acquisition of said above described parcel and JOHN NOTO, as former mortgagee, has paid the application fee therefore; and

WHEREAS, the Division of Real Estate has received and deposited the sum of $9,447.87, as full payment of all amounts due the County of Suffolk pursuant to said Local Law by applicant through November 30, 1995; and

WHEREAS, the Division of Real Estate, Department of Law, has determined that JOHN NOTO, as former mortgagee, had an interest in the subject parcel at the time of application as specified in Section 1, Local Law 16-1976 (as amended); and

WHEREAS, the Division of Real Estate, Department of Law having found that all requirements of said Local Law 16-1976 have been complied with, has approved said application; and

WHEREAS, the Division of Real Estate requests authority pursuant to said Local Law 16-1976 to Quitclaim the County's interest to said JOHN NOTO AND MARY NOTO, his wife, for the above stated consideration plus or minus the usual real estate closing adjustments; now, therefore, be it

RESOLVED, that the Director of the Division of Real Estate, Department of Real Estate, Department of Law be and hereby is authorized to execute and acknowledge a Quitclaim Deed to JOHN NOTO AND MARY NOTO, his wife, 135 Evergreen Avenue, Bethpage, New York 11714, to transfer the interest of Suffolk County in the above described property and on the above described terms.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2227-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1121 - 1995, AUTHORIZING THE SALE, PURSUANT TO LOCAL LAW 16-1976, OF REAL PROPERTY ACQUIRED UNDER SECTION 46 OF THE SUFFOLK COUNTY TAX ACT (WARREN CANADY AND SHARON CANADY) (0100-163.00-03.00-036.001)

WHEREAS, the COUNTY OF SUFFOLK acquired 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 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 163.00, Block 03.00, Lot 036.001, and acquired by tax deed on mAy 4, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York and being intended to be intended to be the same parcel which was Memorialized and Docketed June 8, 1995, Document Number 44469, in the Office of the Registrar of County of Suffolk on Certificate of Title Number 153007, thereafter, on June 29, 1995 said property was registered under Certificate of Title Number 155855, and otherwise known as and by Town of Babylon, Filed Map 287 Sec 2 Lots 40-42 & p/o 38 & 39; and

FURTHER, notwithstanding the above description, it is the intention of this conveyance to give title only to such property as was acquired by the County of Suffolk by Tax Deed on March 14, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York, and being intended to be the same parcel which was Memorialized and Docketed June 8, 1995, Document Number 44469, in the Office of the Registrar of County of Suffolk on Certificate of Title Number 153007, said property now registered under Certificate of Title Number 155855.

WHEREAS, in accordance with Suffolk County Local Law 16-1976, provision has been made for the sale of such real property acquired by the County through tax sale; and

WHEREAS, WARREN CANADY and SHARON CANADY have made application to the Division of Real Estate, Department of Law for the acquisition of said above described parcel and WARREN CANADY and SHARON CANADY have paid the application fee therefore; and

WHEREAS, the Division of Real Estate has received and deposited the sum of $3,477.50, as full payment of all amounts due the County of Suffolk pursuant to said Local Law by applicant through November 30, 1995; and

WHEREAS, the Division of Real Estate has terminated collection of Use & Occupancy fees from the applicant upon receipt of the above sum; and

WHEREAS, the Division of Real Estate, Department of Law, has determined that WARREN CANADY and SHARON CANADY had an interest in the subject parcel at the time of application as specified in Section 1, Local Law 16-1976 (as amended); and

WHEREAS, the Division of Real Estate, Department of Law having found that all requirements of said Local Law 16-1976 have been complied with, has approved said application; and

WHEREAS, the Division of Real Estate requests authority pursuant to said Local Law 16-1976 to Quitclaim the County's interest to said WARREN CANADY AND SHARON CANADY for the above stated consideration plus or minus the usual real estate closing adjustments; now, therefore, be it

RESOLVED, that the Director of the Division of Real Estate, Department of Real Estate, Department of Law be and hereby is authorized to execute and acknowledge a Quitclaim Deed to WARREN CANADY AND SHARON CANADY, 76 Tyconnell Street, Amityville, New York 11701, to transfer the interest of Suffolk County in the above described property and on the above described terms.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2228-95 Laid on Table 9/19/95

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

RESOLUTION NO. 1122 - 1995, AUTHORIZING THE SALE, PURSUANT TO LOCAL LAW 16-1976, OF REAL PROPERTY ACQUIRED UNDER SECTION 46 OF THE SUFFOLK COUNTY TAX ACT (HERBIL HOLDING COMPANY and SID GOLDEN) (0500-247.00-01.00-089.000)

WHEREAS, the COUNTY OF SUFFOLK acquired 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 Islip, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0500, Section 247.00, Block 01.00, Lot 089.000, and acquired by tax deed on mArch 14, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York and recorded on March 28, 1995, in Liber 11719, at Page 665, and otherwise known as and by Town of Islip, "Map of Oakdale Park Section 1" filed in the Office of the Clerk of the County of Suffolk on February 13, 1903 as Map No. 392, being p/o Lot 913; and

FURTHER, notwithstanding the above description, it is the intention of this conveyance to give title only to such property as was acquired by the County of Suffolk by Tax Deed on March 14, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York, and recorded on March 28, 1995 in Liber 11719 at Page 665.

WHEREAS, in accordance with Suffolk County Local Law 16-1976, provision has been made for the sale of such real property acquired by the County through tax sale; and

WHEREAS, HERBIL HOLDING COMPANY and SID GOLDEN, by William Cohn, partner of Herbil Holding Company, have made application to the Division of Real Estate, Department of Law for the acquisition of said above described parcel and HERBIL HOLDING COMPANY and SID GOLDEN, by William Cohn, partner of Herbil Holding Company, have paid the application fee therefore; and

WHEREAS, the Division of Real Estate has received and deposited the sum of $18,549.19, as full payment of all amounts due the County of Suffolk pursuant to said Local Law by applicant through November 30, 1995; and

WHEREAS, the Division of Real Estate, Department of Law, has determined that HERBIL HOLDING COMPANY and SID GOLDEN had an interest in the subject parcel at the time of application as specified in Section 1, Local Law 16-1976 (as amended); and

WHEREAS, the Division of Real Estate, Department of Law having found that all requirements of said Local Law 16-1976 have been complied with, has approved said application; and

WHEREAS, the Division of Real Estate requests authority pursuant to said Local Law 16-1976 to Quitclaim the County's interest to said HERBIL HOLDING COMPANY and SID GOLDEN for the above stated consideration plus or minus the usual real estate closing adjustments; now, therefore, be it

RESOLVED, that the Director of the Division of Real Estate, Department of Real Estate, Department of Law be and hereby is authorized to execute and acknowledge a Quitclaim Deed to HERBIL HOLDING COMPANY and SID GOLDEN, 666 Merrick Road, Baldwin, New York 11510, to transfer the interest of Suffolk County in the above described property and on the above described terms.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2229-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1123 - 1995, AUTHORIZING THE SALE, PURSUANT TO LOCAL LAW 16-1976, OF REAL PROPERTY ACQUIRED UNDER SECTION 46 OF THE SUFFOLK COUNTY TAX ACT (DONALD F. TEAGUE AND MARUEEN TEAGUE, his wife)

(0500-396.00-02.00-019.000)

WHEREAS, the COUNTY OF SUFFOLK acquired 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 Islip, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0500, Section 396.00, Block 02.00, Lot 019.000, and acquired by tax deed on mArch 14, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York and recorded on March 28, 1995, in Liber 11719, at Page 665, and otherwise known as and by Town of Islip, "Map of Van Anden Homes," filed in the Office of the Clerk of the County of Suffolk on November 22, 1948 as Map No. 1661, known and designated as Lot 13; and

FURTHER, notwithstanding the above description, it is the intention of this conveyance to give title only to such property as was acquired by the County of Suffolk by Tax Deed on March 14, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York, and recorded on March 28, 1995 in Liber 11719 at Page 665.

WHEREAS, in accordance with Suffolk County Local Law 16-1976, provision has been made for the sale of such real property acquired by the County through tax sale; and

WHEREAS, DONALD F. TEAGUE and MAUREEN TEAGUE, his wife, have made application to the Division of Real Estate, Department of Law for the acquisition of said above described parcel and DONALD F. TEAGUE and MAUREEN T. TEAGUE, his wife, have paid the application fee therefore; and

WHEREAS, the Division of Real Estate has received and deposited the sum of $40,773.25, as full payment of all amounts due the County of Suffolk pursuant to said Local Law by applicant through November 30, 1995; and

WHEREAS, the Division of Real Estate has terminated collection of Use & Occupancy fees from the applicant upon receipt of the above sum; and

WHEREAS, the Division of Real Estate, Department of Law, has determined that DONALD F. TEAGUE and MAUREEN T. TEAGUE, his wife, had an interest in the subject parcel at the time of application as specified in Section 1, Local Law 16-1976 (as amended); and

WHEREAS, the Division of Real Estate, Department of Law having found that all requirements of said Local Law 16-1976 have been complied with, has approved said application; and

WHEREAS, the Division of Real Estate requests authority pursuant to said Local Law 16-1976 to Quitclaim the County's interest to said DONALD F. TEAGUE AND MAUREEN TEAGUE, his wife, for the above stated consideration plus or minus the usual real estate closing adjustments; now, therefore, be it

RESOLVED, that the Director of the Division of Real Estate, Department of Real Estate, Department of Law be and hereby is authorized to execute and acknowledge a Quitclaim Deed to DONALD F. TEAGUE AND MAUREEN TEAGUE, his wife, 20 Grace Court, Islip, New York 11751, to transfer the interest of Suffolk County in the above described property and on the above described terms.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2230-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1124 - 1995, AUTHORIZING THE SALE, PURSUANT TO LOCAL LAW 16-1976, OF REAL PROPERTY ACQUIRED UNDER SECTION 46 OF THE SUFFOLK COUNTY TAX ACT (EARL BIHN AND JANICE BIHN, his wife) (0800-019.00-03.00-041.000)

WHEREAS, the COUNTY OF SUFFOLK acquired 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 sMITHTOWN, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0800, Section 019.00, Block 03.00, Lot 041.000, and acquired by tax deed on mArch 14, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York and recorded on March 24, 1995, in Liber 11719, at Page 406, and otherwise known as and by Town of Smithtown, San Remo Map 180 Lots 4030-4036 Inc; and

FURTHER, notwithstanding the above description, it is the intention of this conveyance to give title only to such property as was acquired by the County of Suffolk by Tax Deed on March 14, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York, and recorded on March 24, 1995 in Liber 11719 at Page 406.

WHEREAS, in accordance with Suffolk County Local Law 16-1976, provision has been made for the sale of such real property acquired by the County through tax sale; and

WHEREAS, EARL BIHN and JANICE BIHN have made application to the Division of Real Estate, Department of Law for the acquisition of said above described parcel and EARL BIHN and JANICE BIHN have paid the application fee therefore; and

WHEREAS, the Division of Real Estate has received and deposited the sum of $34,628.76, as full payment of all amounts due the County of Suffolk pursuant to said Local Law by applicant through November 30, 1994; and

WHEREAS, the Division of Real Estate has terminated collection of Use & Occupancy fees from the applicant upon receipt of the above sum; and

WHEREAS, the Division of Real Estate, Department of Law, has determined that EARL BIHN and JANICE BIHN had an interest in the subject parcel at the time of application as specified in Section 1, Local Law 16-1976 (as amended); and

WHEREAS, the Division of Real Estate, Department of Law having found that all requirements of said Local Law 16-1976 have been complied with, has approved said application; and

WHEREAS, the Division of Real Estate requests authority pursuant to said Local Law 16-1976 to Quitclaim the County's interest to said EARL BIHN AND JANICE BIHN, his wife, for the above stated consideration plus or minus the usual real estate closing adjustments; now, therefore, be it

RESOLVED, that the Director of the Division of Real Estate, Department of Real Estate, Department of Law be and hereby is authorized to execute and acknowledge a Quitclaim Deed to EARL BIHN AND JANICE BIHN, his wife, 56 Beaver Drive, Kings Park, New York 11754, to transfer the interest of Suffolk County in the above described property and on the above described terms.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2231-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1125 - 1995, AUTHORIZING THE SALE, PURSUANT TO LOCAL LAW 16-1976, OF REAL PROPERTY ACQUIRED UNDER SECTION 46 OF THE SUFFOLK COUNTY TAX ACT (JAMES L. JEUNG AND RUSSELL JEUNG LEE) (0900-155.00-02.00-019.000)

WHEREAS, the COUNTY OF SUFFOLK acquired 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 Southampton, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0900, Section 155.00, Block 02.00, Lot 019.000, and acquired by tax deed on mArch 14, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York and recorded on March 24, 1995, in Liber 11719, at Page 409, and otherwise known as and by Town of Southampton, Sebonac Shores Map 3615 Lot 1; and

FURTHER, notwithstanding the above description, it is the intention of this conveyance to give title only to such property as was acquired by the County of Suffolk by Tax Deed on March 14, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York, and recorded on March 24, 1995 in Liber 11719 at Page 409.

WHEREAS, in accordance with Suffolk County Local Law 16-1976, provision has been made for the sale of such real property acquired by the County through tax sale; and

WHEREAS, RUSSELL JEUNG LEE has made application to the Division of Real Estate, Department of Law for the acquisition of said above described parcel and RUSSELL JEUNG LEE has paid the application fee therefore; and

WHEREAS, the Division of Real Estate has received and deposited the sum of $21,820.71, as full payment of all amounts due the County of Suffolk pursuant to said Local Law by applicant through November 30, 1995; and

WHEREAS, the Division of Real Estate has terminated collection of Use & Occupancy fees from the applicant upon receipt of the above sum; and

WHEREAS, the Division of Real Estate, Department of Law, has determined that RUSSELL JEUNG LEE had an interest in the subject parcel at the time of application as specified in Section 1, Local Law 16-1976 (as amended); and

WHEREAS, the Division of Real Estate, Department of Law having found that all requirements of said Local Law 16-1976 have been complied with, has approved said application; and

WHEREAS, the Division of Real Estate requests authority pursuant to said Local Law 16-1976 to Quitclaim the County's interest to said JAMES L. JEUNG AND RUSSELL JEUNG LEE for the above stated consideration plus or minus the usual real estate closing adjustments; now, therefore, be it

RESOLVED, that the Director of the Division of Real Estate, Department of Real Estate, Department of Law be and hereby is authorized to execute and acknowledge a Quitclaim Deed to JAMES L. JEUNG AND RUSSELL JEUNG LEE, 84 Mulberry St., New York, New York 10013, to transfer the interest of Suffolk County in the above described property and on the above described terms.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2299-95 Laid on Table 11/21/95

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

RESOLUTION NO. 1126 - 1995, SALE OF COUNTY-OWNED REAL ESTATE PURSUANT TO LOCAL LAW 13-1976 (MACEDONIA SEVENTH DAY ADVENTIST CHURCH) (TAX MAP NO. 0100-058.00-04.00-037.000)

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 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 058.00, Block 04.00, Lot 037.000, and acquired by tax deed on April 7, 1992, from General L. Rains, the Deputy County Treasurer of Suffolk County, New York, and recorded on April 17, 1992, in Liber 11452, at Page 050 on 052, and otherwise known as and by Town of Babylon Filed Map 223 Lot 11 & 12 Blk 32; 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, MACEDONIA SEVENTH DAY ADVENTIST CHURCH has made an offer to the Division of Real Estate, Department of Law, for the purchase of said above described parcel for the sum of $2,000.00. 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 $2,000.00; and

WHEREAS, the Division of Real Estate, Department of Law, 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 Law, will receive and deposit the sum of $2,000.00, pursuant to said purchase offer; and

WHEREAS, the Division of Real Estate, Department of Law, 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, therefore, be it

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 Director of the Division of Real Estate, Department of Law, 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 and on the above described terms to said MACEDONIA SEVENTH DAY ADVENTIST CHURCH, 27 Jackson Street, Wyandanch, New York 11798.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Tonna and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 4 absent, Mrs. Bredes, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2304-95 Laid on Table 11/21/95

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

RESOLUTION NO. 1127 - 1995, AUTHORIZING THE SALE, PURSUANT TO LOCAL LAW 16-1976, OF REAL PROPERTY ACQUIRED UNDER SECTION 46 OF THE SUFFOLK COUNTY TAX ACT (DAVID M. FISCHER) (0100-121.00-03.00-075.000)

WHEREAS, the COUNTY OF SUFFOLK acquired 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 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 121.00, Block 03.00, Lot 075.000, and acquired by tax deed on mAY 4, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York and being intended to be the same parcel which was Memorialized and Docketed June 8, 1995, Document Number 444669, in the Office of the Registrar of County of Suffolk on Certificate of Title Number 143,264, and otherwise known as and by Town of Babylon, Filed Map 339 Lots 10-16 Inc. Even & Lot J Blk 27; and

FURTHER, notwithstanding the above description, it is the intention of this conveyance to give title only to such property as was acquired by the County of Suffolk by Tax Deed on May 4, 1995, from John C. Cochrane, the County Treasurer of Suffolk County, New York, and being intended to be the same parcel which was Memorialized and Docketed June 8, 1995, Document Number 444669, in the Office of the Registrar of County of Suffolk on Certificate of Title Number 143,264.

WHEREAS, in accordance with Suffolk County Local Law 16-1976, provision has been made for the sale of such real property acquired by the County through tax sale; and

WHEREAS, DAVID M. FISCHER has made application to the Division of Real Estate, Department of Law for the acquisition of said above described parcel and DAVID M. FISCHER has paid the application fee therefore; and

WHEREAS, the Division of Real Estate has received and deposited the sum of $1,613.92, as full payment of all amounts due the County of Suffolk pursuant to said Local Law by applicant through November 30, 1995; and

WHEREAS, the Division of Real Estate, Department of Law, has determined that DAVID M. FISCHER had an interest in the subject parcel at the time of application as specified in Section 1, Local Law 16-1976 (as amended); and

WHEREAS, the Division of Real Estate, Department of Law having found that all requirements of said Local Law 16-1976 have been complied with, has approved said application; and

WHEREAS, the Division of Real Estate requests authority pursuant to said Local Law 16-1976 to Quitclaim the County's interest to said DAVID M. FISCHER, for the above stated consideration plus or minus the usual real estate closing adjustments; now, therefore, be it

RESOLVED, that the Director of the Division of Real Estate, Department of Real Estate, Department of Law be and hereby is authorized to execute and acknowledge a Quitclaim Deed to DAVID M. FISCHER, 5 Windemere Way, Woodbury, New York 11757, to transfer the interest of Suffolk County in the above described property and on the above described terms.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 19, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. D'Andre and duly adopted with the following recorded vote: 15 Legislators in favor; 0 opposed; 3 absent, Mr. Foley, Mrs. Postal, and Mr. Binder.

Intro. Res. No. 2325-95 Laid on Table 12/5/95

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

RESOLUTION NO. 1128 - 1995, CONFIRMING THE APPOINTMENT OF DUDLEY L. LEHMAN AS DISTRICT JUDGE FOR AND OF THE FOURTH DISTRICT COURT TO FILL A TERM ENDING DECEMBER 31, 1996

WHEREAS, a vacancy will be created as of January 1, 1996 on the District Court bench in the Fourth Judicial District due to the election on November 7, 1995 of Ira P. Block as District Court Judge, First District; and

WHEREAS, the County Executive is appointing Dudley L. Lehman, a resident of the Fourth District, to fill that vacancy in accordance with the provisions of Section 103(f) of the Uniform District Court Act; and

WHEREAS, the Honorable Peter G. Dounias, District Court Judge, First District Court of Suffolk County, has requested that vacancies on the District Court be filled as quickly as possible to address the court backlog; now, therefore, be it

RESOLVED, that this Legislature, for the purpose of this resolution, being those members whose districts or portions thereof are within the area comprising the Suffolk County District Court System, hereby confirms the appointment of Dudley L. Lehman of 59 Bobann Drive, Nesconset, New York, as District Court Judge for and of the Fourth Judicial District of the Suffolk County District Court System, for a term commencing January 1, 1996.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 14, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mrs. Carpenter. On a roll call vote: 16 Legislators in favor; 0 opposed; 1 abstention, Mr. Bishop; 1 absent, Mrs. Postal.

Intro. Res. No. 2329-95 Laid on the Table 12/14/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1129 -1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED IMPROVEMENTS TO THE H. LEE DENNISON BUILDING, HAUPPAUGE, TOWN OF ISLIP

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Improvements to the H. Lee Dennison Building, Hauppauge, Town of Islip", pursuant to Section 6 of Local Law No. 22-1985 which project involves renovation of the interior of the H. Lee Dennison Building, including rehabilitation and modernization; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Public Works and subsequently sent out to all concerned parties; and

WHEREAS, at its November 15, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Department of Public Works; and

WHEREAS, the CEQ recommended that the above activity be considered a Type II action, pursuant to the provisions of Chapter 279 of the SUFFOLK COUNTY CODE and Title 6 NYCRR, Part 617.13(d)(1)(4) and (8), since it involves replacement of facilities in kind on the same site; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated November 16, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the renovation project is a Type II action which will not have a significant effect on the environment for the following reasons;

1.) The proposed action will not exceed any of the criteria in Section 617.11 of Title 6 NYCRR which sets forth thresholds for determining significant effect on the environment;

2.) No significant habitats will be affected.

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination of non-significance in accordance with this Resolution.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mrs. Carpenter. On a roll call vote: 14 Legislators in favor; 0 opposed; 1 abstention, Mrs. Bredes; 3 absent, Mr. Locorriere, Mr. Levy, and Mrs. Postal.

Intro. Res. No. 2327A-95

BOND RESOLUTION NO. 1130 OF 1995

A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $6,100,000 SERIAL BONDS OF THE COUNTY OF SUFFOLK, NEW YORK, TO PAY PART OF THE COST OF THE RECONSTRUCTION OF THE H. LEE DENNISON BUILDING, THE FAMILY COURT BUILDING AND BUILDING 158, HAUPPAUGE, INCLUDING PLANNING AND ENGINEERING IN CONNECTION THEREWITH

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, provision for the financing hereinafter authorized for the capital project hereinafter described has been duly approved in the adopted capital budget for the current fiscal year; 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 reconstruction of the H. Lee Dennison Building, the Family Court Building and Building 158, Hauppauge, including planning and engineering in connection therewith.

Section 2. The maximum estimated cost of such specific object or purpose is $23,775,000, and the plan for the financing thereof is as follows:

a) By the issuance of $17,675,000 serial bonds of said County heretofore authorized to be issued therefor pursuant by Bond Resolution No. 991 of 1993, dated December 21, 1993; and

b) By the issuance of $6,100,000 serial bonds of said County hereby authorized to be issued therefor pursuant to the Local Finance Law.

Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law, computed from May 1, 1994, the date of the first obligations issued for such purpose.

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 inter est 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: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Intro. Res. No. 2327-95 Laid on Table 12/5/95

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

RESOLUTION NO. 1131 - 1995, AMENDING THE 1995 CAPITAL BUDGET AND PROGRAM AND APPROPRIATING FUNDS IN CONNECTION WITH THE IMPROVEMENTS TO THE H. LEE DENNISON BUILDING (CP 1659.317)

WHEREAS, Resolution No. 992-1993 adopted and executed on December 27, 1993, authorized the appropriation of $15,925,000 to cover the planning and construction costs for the renovation of the H. Lee Dennison Building, including the asbestos abatement; and

WHEREAS, the asbestos abatement to the H. Lee Dennison Building has been completed and the next phase of renovation work is set to begin; and

WHEREAS, the Commissioner of Public Works has received bids for the renovations and construction work including site work required for completing the Improvements to the H. Lee Dennison Building; and

WHEREAS, the bids received have been reviewed and evaluated, and selected contractors have been recommended by the Department of Public Works; and

WHEREAS, the Commissioner of Public Works has requested the additional appropriation required to award the contracts to the recommended contractors for the purpose of completing the Improvements to the H. Lee Dennison Building; and

WHEREAS, the County is ready to award the contracts necessary to complete the Improvements to the H. Lee Dennison Building pending the appropriation of the additional funding; and

WHEREAS, funds have not been included in the 1995 Capital Budget and Program to cover the cost of said Improvements to the H. Lee Dennison Building and pursuant to Suffolk County Charter, Section C4-13, an offsetting authorization must be provided from another capital project; and

WHEREAS, $3.2 million has been included in the 1996 Capital Budget and Program and it is recommended that these funds are advanced to 1995 to cover part of the additional appropriations required to award contracts; and

WHEREAS, the County Legislature, by resolution of even date herewith, has authorized the issuance of $6,100,000 in Suffolk County Serial Bonds; and

WHEREAS, by resolution of even date herewith, pursuant to the State Environmental Quality Review Act Environmental Conservation Law Article 8 (hereinafter "SEQRA"), the County Legislature has made a SEQRA determination in connection with the Improvements to the H. Lee Dennison Building; and

WHEREAS, Resolution No. 471-1994 has established a priority ranking of Capital Projects in 1995 as the basis for funding Capital Projects such as this project (CP 1659); now, therefore, be it

RESOLVED, that the 1995 Capital Budget and Program be and they are hereby amended as follows:

Project No.: 1659

Project Title: Improvements to the H. Lee Dennison Building

Current Revised

1995 1995

Total Capital Capital

Est'd. Budget & Budget &

Cost Program Program

3. Construction $21,950,000 $ -0- $6,100,000B

6. TOTAL $22,025,000 $ -0- $6,100,000

Project No.: 1664

Project Title: Energy Conservation - Various County Buildings

Current Revised

1995 1995

Total Capital Capital

Est'd. Budget & Budget &

Cost Program Program

3. Construction $5,500,000 $2,500,000B $1,428,000B

6. TOTAL $5,960,000 $2,500,000 $1,428,000

Project No.: 3009

Project Title: Construction of Minimum/Medium Security Facility-Yaphank

Current Revised

1995 1995

Total Capital Capital

Est'd. Budget & Budget &

Cost Program Program

3. Construction $8,811,500 $4,653,000B $ -0-B

3. Site Improvements 375,000 375,000B -0-B

6. TOTAL $9,845,500 $5,028,000 $ -0-

and be it further

RESOLVED, that the proceeds of $6,100,000 in Suffolk County Serial Bonds be and they are hereby appropriated as follows:

Project No. Project Title Amount

20-CF-1659.317 Improvements to the H. Lee Dennison Building $6,100,000

and be it further

RESOLVED, that the County is authorized to award the contracts to the lowest responsible bidder in connection with Capital Project No. 1659 and that the County Executive is authorized to award and execute said contracts for the purpose of completing the Improvements to the H. Lee Dennison building; and be it further

RESOLVED, it is hereby determined that this project is eligible for approval in accordance with the provision of Resolution 471-1994.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mrs. Carpenter and duly adopted with the following recorded vote: 14 Legislators in favor; 0 opposed; 1 abstention, Mr. Caracappa; 3 absent, Mr. Locorriere, Mr. Levy, and Mrs. Postal.

Intro. Res. No. 2199-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1132 - 1995, ACCEPTING AND APPROPRIATING FUNDS MADE AVAILABLE BY THE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES, U.S. DEPARTMENT OF JUSTICE, FOR A SUFFOLK COUNTY POLICE DEPARTMENT COPS AHEAD PROGRAM, ADDING 65 NEW POLICE OFFICER POSITIONS WITHIN THE POLICE DEPARTMENT TO FULFILL THE TERMS OF THE GRANT PROGRAM, AND AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE THE GRANT AGREEMENT

WHEREAS, the Office of Community Oriented Policing Services, U.S. Department of Justice has made available to Suffolk County $4,875,000 over the course of three years for a Suffolk County Police Department COPS AHEAD Program, to partially fund a Police Academy Class of 65 recruits for a community policing program; and

WHEREAS, said program is to run from April 1, 1995 through March 31, 1998; and

WHEREAS, said funds have not been included in the Suffolk County Operating Budget for 1995; and

WHEREAS, said positions have not been included in the Suffolk County Operating Budget for 1995; and

WHEREAS, it is in the best interest of Suffolk County to accept this grant; now, therefore, be it

RESOLVED, that said grant funds in the amount of $1,848,349 for the County's first fiscal year of the program be accepted and appropriated as follows:

REVENUES AMOUNT

15-4325 FEDERAL AID: COPS AHEAD Program $1,848,349

APPROPRIATIONS:

Police Department

Police District

15-3121

100-Personal Services $1,848,349

110-Permanent Salaries 1,670,505

103-Night Differential 91,887

104-Holiday Pay 85,957

and be it further

RESOLVED, that the following positions be created as follows:

Police Department

Police District

15-3121-2100

Spec. No.

Title No. Grade Created

Police Officer 5002 UNG 65

and be it further

RESOLVED, that the County Executive be authorized to execute the grant agreement between Suffolk County and the Office of Community Oriented Policing Services, U.S. Department of Justice.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 15, 1995

Mr. Davis offered the following resolution, seconded by Mr. Guldi and duly adopted with the following recorded vote: 17 Legislators in favor; 1 opposed, Mrs. Postal.

Intro. Res. No. 2296-95 Laid on Table 11/21/95

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

RESOLUTION NO. 1133 - 1995, ACCEPTING FUNDS MADE AVAILABLE BY THE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES, U.S. DEPARTMENT OF JUSTICE IN COOPERATION WITH THE U.S. DEPARTMENT OF DEFENSE FOR REIMBURSEMENT OF SUFFOLK COUNTY POLICE DEPARTMENT EXPENSES ASSOCIATED WITH TRAINING CERTAIN U.S. MILITARY VETERANS HIRED UNDER THE COPS AHEAD GRANT PROGRAM AND AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE THE TROOPS TO COPS PROGRAM GRANT AGREEMENT

WHEREAS, the Office of Community Oriented Policing Services, U.S. Department of Justice, in cooperation with the U.S. Department of Defense, has made available to Suffolk County funds to partially reimburse costs incurred to train certain U.S. military veterans, previously hired under the Suffolk County Police Department's COPS AHEAD grant program. The Troops To Cops program reimburses the County up to $5,000 per eligible veteran; and

WHEREAS, said program did run from March 13, 1995 through August 25, 1995; and

WHEREAS, the Police Department has hired and trained four (4) veterans eligible for this grant program; and

WHEREAS, said funds have been included in the Suffolk County Operating Budget for 1995; and

WHEREAS, it is in the best interest of Suffolk County to accept this grant; now, therefore, be it

RESOLVED, that said grant funds in the amount of $20,000 be accepted as follows:

REVENUES AMOUNT

01-4328 Federal Aid: Troops To Cops Program $20,000

RESOLVED, that the County Executive be authorized to execute the grant agreement between Suffolk County and the Office of Community Oriented Policing Services, U.S. Department of Justice.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 15, 1995

RESOLUTION NO. 1134-95 IS A VOID NUMBER

Mrs. Postal offered the following resolution, seconded by Mr. Foley and duly adopted with the following recorded vote: 11 Legislators in favor; 7 opposed, Mr. Caracappa, Mr. Finlay, Mrs. Carpenter, Mr. D'Andre, Mr. Binder, Mr. Rizzo, and Mr. Blydenburgh.

Intro. Res. No. 1519-95 Laid on the Table 5/2/95

Introduced by Legislator Postal

RESOLUTION NO. 1135 - 1995, ADOPTING LOCAL LAW NO.   - 1995, A CHARTER LAW AMENDING ARTICLE IV OF THE SUFFOLK COUNTY CHARTER ESTABLISHING PROCEDURE TO FILL BUDGETED COUNTY POSITIONS

WHEREAS, there was duly presented and introduced to this County Legislature at a regular meeting held on                 , 1995, a proposed local law entitled, "A CHARTER LAW AMENDING ARTICLE IV OF THE SUFFOLK COUNTY CHARTER ESTABLISHING PROCEDURE TO FILL BUDGETED COUNTY POSITIONS" 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.       -1995, SUFFOLK COUNTY, NEW YORK

A CHARTER LAW AMENDING ARTICLE IV OF THE SUFFOLK COUNTY CHARTER ESTABLISHING PROCEDURE TO FILL BUDGETED COUNTY POSITIONS

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 the Suffolk County Legislature frequently creates positions of employment in Suffolk County government by virtue of the enactment of resolutions, budget amendments, charter laws, and/or local laws which positions are then not filled by the County Executive in direct contravention of Suffolk County legislative intent.

This Legislature further finds that the failure of the County Executive to approve the filling of positions so budgeted has the impact of effectively abolishing the position despite proper approval having been made in the County budget for the filling of such position pursuant to Section 204 of the NEW YORK COUNTY LAW.

This Legislature also finds that positions of employment properly created by the County Legislature may only be abolished by local law, charter law, resolution, budget amendment, or the adoption of the annual County operating budget, each of which mechanisms require specific action by this legislative body. This Legislature finds that the County Executive does not have the power to unilaterally modify the budget as that term is defined in Section 4-31 of the SUFFOLK COUNTY CHARTER.

In addition, this Legislature determines that Management Order D-01 established a system of position control and instituted the earmarked position release request, known as the Form 20 process, requiring all County departments to obtain Executive approval prior to filling vacant positions, which form was replaced by the Form 167 during 1980. The new form eliminated co-authorization by the Presiding Officer of the County Legislature, but served the same purpose as its predecessor, providing the County Executive with a mechanism to prevent the filling of vacant budgeted positions by departments without Executive approval. This Legislature determines that such a procedure:

1.) Usurps the Legislature's role concerning departmental staffing and operations established and funded in the Adopted Budget;

2.) Removes management control over operations from County departments by prohibiting authorized, budgeted positions from being filled within the budgetary constraints established by the County Legislature;

3.) Distorts the purposes for which property taxes are raised;

4.) Circumvents Section 4-27 of the COUNTY CHARTER which requires the County Executive to advise the County Legislature of any remedial action he has taken or plans to take to avoid anticipated budget deficiencies which could include position control; and

5.) Institutes unnecessary budgetary control at times when there may be no anticipated budget deficiencies, thereby hampering the effectiveness of operating departments.

Therefore, the purpose of this law is to reaffirm the inherent power of this Legislature to create and abolish positions; to reinforce the fundamental legal principle, supported by the constitutional doctrine of separation of powers, that a properly created or budgeted position may only be abolished by appropriate legislative action by the full County legislative body; to further prevent the freeze or unnecessary delay in the filling of vacant positions; to ensure that County departments be allowed to fill authorized positions of the County Legislature after a declaration of need has been made and presented to the County Legislature by the County Executive; and to restore the appropriate balance between the Executive and the Legislative branches of government in budgetary matters consistent with fiscal restraint and prudent planning.

Section 2. Repeal

Form 167 and any executive order, management order, executive decree or declaration upon which such form is based is hereby repealed, rescinded, overturned, vacated, invalidated and/or nullified effective immediately.

Section 3. Amendment to Filling Positions

Section 4-32 of Article IV of the SUFFOLK COUNTY CHARTER is hereby amended to read as follows:

Section 4-32. Amendments to Suffolk County Classification and Salary Plan and Filling of Budgeted Positions.

* * * *

C.) For the purposes of this law, "position" shall mean any title, office or employment involving an aggregation of duties to be performed and responsibilities to be exercised by one (1) person authorized in the Suffolk County Operating Budget, except the Suffolk County Legislature's Budget, the incumbent of which is to be chosen in accordance with the NEW YORK CIVIL SERVICE LAW and Suffolk County Civil Service Rules and/or any title, office, or employment involving an aggregation of duties to be performed and responsibilities to be exercised by one (1) person the incumbent of which is in the competitive jurisdictional class, but who has not received permanent competitive status in Suffolk County, or who is in the noncompetitive, exempt, unclassified jurisdictional classes, other than elected officials or department heads. For the purposes of this law, "appointing authority" shall mean the officer, commissioner, or body having the power of appointment to subordinate positions in Suffolk County government.

D.) Any filled position which may become vacant or any position created by resolution, budget amendment, local law and/or charter law adopted by the Suffolk County Legislature, the adequate appropriations for which are contained in the Suffolk County Operating Budget, except the Suffolk County Legislature's Budget, shall be filled by the Suffolk County Executive or pertinent appointing authority at the budgeted grade and step in the salary plan within ninety (90) days after its creation or the occurrence of a vacancy, as the case may be, unless the County Executive can satisfactorily demonstrate in writing to the Suffolk County Legislature one of the following conditions:

1.)      An order of the New York State Civil Service Department prohibiting the filling of the position;

2.)      an order of a court of competent jurisdiction prohibiting the filling of such a position;

3.)      the written request or statement of a federal department or federal agency of competent jurisdiction prohibiting the filling of such a position; or

4.)      a budget deficiency under Section 4-27 of this Article.

E.) In the event that the County Executive submits a written explanation to the County Legislature under paragraph (D) of this section, then the Legislature, at the request of the Presiding Officer or on its own motion, may, if not satisfied that the County Executive has demonstrated the existence of one of the above-described conditions, reject the decision not to fill the position or vacancy, as the case may be, via enactment of a resolution directed solely and exclusively to such purpose within thirty (30) days after receipt of said written explanation in which case the County Executive or pertinent appointing authority shall then have thirty (30) days to fill said position measured from the date of the enactment of such resolution. Adoption of such resolution shall require the affirmative vote of at least a majority of the entire membership of the County Legislature. An affirmative vote of at least two-thirds (2/3) of the entire membership of the County Legislature shall be required to pass such a resolution returned by the County Executive with his disapproval within fifteen (15) days after his receipt of said resolution.

F.) In the event that the County Executive or pertinent appointing authority does not comply with any action taken by the County Legislature under paragraph (E) of this section, or in the event that the County Executive or pertinent appointing authority does not comply with the ninety (90) day deadline and accompanying restrictions set forth in paragraph (D) of this section, then the appropriations underlying such budgeted position shall be deemed stricken as of the expiration of the period of time set forth in paragraph (D) or (E) of this Section, as the case may be, and said appropriations shall be transferred to an appropriate Reserve Account. Appropriations transferred into such Reserve Account may then only be expended via enactment of a resolution directed to a specific purpose.

Section 4. Transition Amendment.

Section 3-3 (H) of the SUFFOLK COUNTY CHARTER is hereby amended to read as follows:

H.) Have authority, jurisdiction and control, except as otherwise provided in Section 4-32 (E) of the COUNTY CHARTER and Chapter 585 of the SUFFOLK COUNTY CODE, over the rules for the administration of the Suffolk County Salary Plan and labor contracts as may be, from time to time, promulgated by action of the County Legislature or County Executive.

Section 5. Applicability.

This law shall apply to any actions occurring on or after the effective date of this law.

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 ad judged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or in validate 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. SEQRA Determination.

This Legislature, being the State Environmental Quality Re view Act (SEQRA) lead agency, hereby finds and determines that this law constitutes a Type II action pursuant to Section 617.13(d)(21) of the NEW YORK CODE OF RULES AND REGULATIONS (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 8. Effective Date.

This law shall not take effect until at least sixty (60) days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within sixty (60) days after its adoption there is filed with the Clerk of the County Legislature or Clerk of the County of Suffolk a petition protesting against such law in conformity with the provisions of Section 34(4) of the MUNICIPAL HOME RULE LAW, and upon filing in the Office of the Secretary of State..

DATED: December 14, 1995

DISAPPROVED BY COUNTY EXECUTIVE January 17, 1996

On January 17, 1996 the County Executive filed the following message of disapproval:

I am returning Resolution No. 1135-1995 vetoed. If adopted, the proposed charter law would completely alter the procedure pursuant to which budgeted positions are filled. The resolution also would modify the balance of powers with regard to the administration of the Suffolk County Salary Plan and labor contracts. I cannot approve this measure as I believe it is legally unsound.

The provisions of Resolution No. 1135-1995 conflict with those sections in the charter which give a department head the authority to appoint officers and employees in his or her department. See, e.g., S.C. Charter Sec. C9-2 (Health Commissioner), Sec. C16-1 (County Attorney), Sec. C28-4 (Commissioner of Parks, Recreation and Conservation). These charter sections conform to New York Civil Service Law Sec. 35(e) (McKinney's 1983), which provides that:

The civil service of the state and each of its civil divisions shall

be divided into the classified and unclassified service. The

unclassified service shall comprise the following:

*****

(e) the head or heads of any department of the government

who are vested with authority, direction and control over a

department, and who have power and authority to appoint and

remove officers and employees therein;

When a department head does not have the authority to appoint and remove officers and employees in his department, his unclassified status may be jeopardized. For example, in Yonkers v. New York State Civil Service Commission, 87 Misc.2d 447, 385 N.Y.S.2d 446 (Sup. Ct. Westchester Co.) affd 53 A.D.2d 657, 385 N.Y.S.2d 1021 (2d Dept. 1976), the Court sustained a determination that the Yonkers Police and Fire Commissioners were not in the unclassified service because they lacked the authority to hire and fire their officers and employees. Thus, the proposed law may endanger the unclassified status of County department heads.

Similarly, the proposed law also conflicts with the County Executive's authority under various sections of the Suffolk County Charter. The County Executive is designated the Chief Budget Officer and as such is responsible for the preparation, oversight, and implementation of a balanced County budget throughout the year. The Charter provides that the County Executive establish an allotment system for the allocation of any funds prior to expenditure and further directs that the County Executive be empowered to take actions with regard to controlling spending where a deficiency is anticipated. The existing system givers the County Executive the ability and authority to manage the County. This is part of the system of checks and balances that our system of government is based on. The County Executive must be allowed administrative control over hiring in order to fulfill his fiscal duties under the Suffolk County Charter.

Contrary to statements in the Legislative Intent section of this law, SCIN Form 167 is an important tool utilized by the County Executive to fulfill the above responsibilities; the form does not usurp legislative responsibilities. In Caputo v. Halpin, 78 N.Y.2d 117, 572 N.Y.S.2d287 (1991), the Court held that the powers listed above were more than sufficient to permit the County Executive to institute a hiring freeze. The Court made specific note of SCIN Form 167, explaining that the purposes of the form were to enable the County Executive, as Chief Budget Officer, to verify the existence of an appropriation to pay the proposed employee, to assure that savings are being met by a department and to ensure that the hiring will not cause the department to overrun its budget at the end of the year. Moreover, the Court expressly distinguished between the abolition of a position and the use of SCIN Form 167, which resulted in a temporary delay in filling a vacancy due to budgetary shortfalls. Following the reasoning of the Court in Caputo v. Halpin, supra, the County Executive must be allowed administrative control over hiring in order to fulfill his fiscal duties under the Suffolk County Charter.

In addition to the legal issues, Resolution #1135 also poses potential financial problems. The resolution states "that the existing procedure usurps the legislative role concerning departmental staffing and funding operations established and funded in the adopted budget. The legislature provides the positions for the departments when they adopt the budget but they do not provide 100% funding for the positions created. This lack of 100% funding is referred to as turnover savings. The normal budget has historically under funded the amount of money necessary to fund all positions by 2 to 3%. The County Executive must control positions to stay within the adopted budget. Any viable alternative to the existing system would require 100% funding of all positions.

The resolution further asserts that the existing system institutes unnecessary budgetary control at times when there may be no anticipated budget deficiencies. There must always be control over the budget and the public funds they represent. Good management practices require ongoing control. Control only when there is a problem would constitute management by crisis.

As a result, I am disapproving Resolution #1135 and returning it to the Legislature vetoed.

Robert J. Gaffney Suffolk County Executive

Mr. Bishop offered the following resolution, seconded by Mrs. Postal and duly adopted with the following recorded vote: 15 Legislators in favor; 3 opposed, Mrs. Carpenter, Mr. Binder, and Mr. Blydenburgh.

Intro. Res. No. 1899-95 Laid on the Table 8/15/95

Introduced by Legislator Bishop

RESOLUTION NO. 1136 - 1995, ADOPTING LOCAL LAW NO. 3 -1996, A CHARTER LAW RESTORING TRUTH AND HONESTY TO THE REQUEST FOR PROPOSAL (RFP) PROCESS

WHEREAS, there was duly presented and introduced to this County Legislature at a regular meeting held on  August 29, 1995, a proposed local law entitled, "A CHARTER LAW RESTORING TRUTH AND HONESTY TO THE REQUEST FOR PROPOSAL (RFP) PROCESS" 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.  3-1996, SUFFOLK COUNTY, NEW YORK

A CHARTER LAW RESTORING TRUTH AND HONESTY TO THE REQUEST FOR PROPOSAL (RFP) PROCESS

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 the New York State Legislature, pursuant to Section 104-b of the NEW YORK GENERAL MUNICIPAL LAW requires that when goods and services are not procured via competitive bidding they "must be procured in a manner so as to assure the prudent and economical use of public moneys in the best interests of the taxpayers of the political subdivision or district, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud, and corruption".

This Legislature further finds and determines that too many contracts are being awarded via the request for proposal (RFP) process whereby the RFP is utilized to narrow down the field of competition, reduce the number of potential bidders, and favor or assist particular contractors.

Therefore, the purpose of this legislation is to require a two-thirds (2/3) vote of the County Legislature to approve any contract in excess of $20,000.00 awarded pursuant to an RFP process in which only one party responds to the County's solicitation of proposals in order to ensure the prudent and economical use of public moneys in the best interests of the taxpayers by acquiring goods and services of maximum quality at the lowest possible cost and to guard against favoritism, improvidence, extravagance, fraud, and corruption.

Section 2. Definition.

A.) "Contract" shall mean any claim, account, or demand against, or agreement, upon sufficient consideration, with the County of Suffolk or any divisions, departments, agencies, or entities thereof, express or implied, for public construction work; for the rendering or performing of personal services; for the purchase of goods and services; or for a lease, license, sale, or purchase relative to real or personal property, and shall include the designation of an official depository for public funds and the designation of an official newspaper for the publication of any notice, resolution, or ordinance where such publication is authorized or required by law.

B.) "Person" shall mean any natural person, individual, corporation, unincorporated association, firm, partnership, joint venture, joint stock association, or other entity or business organization of any kind.

Section 3. Legislative Approval.

A.) Any County contract, contract amendment, contract extension, or contract modification in excess of Twenty Thousand Dollars ($20,000.00), resulting from the utilization of an RFP process in which only one person responds to the RFP, shall require the approval of at least two-thirds of the entire membership of the County Legislature by duly enacted resolution.

B.) Any County contract, contract amendment, contract extension, or contract modification that does not comply with paragraph (A) of this section shall be deemed null and void ab initio.

Section 4. Applicability.

This law shall apply to all contracts, contract amendments, contract extensions, or contract modifications in excess of Twenty Thousand Dollars ($20,000.00) resulting from the utilization of an RFP process entered into on or after the effective date of this law.

Section 5. 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 ad judged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or in validate 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 6. SEQRA Determination.

This Legislature, being the State Environmental Quality Re view Act (SEQRA) lead agency, hereby finds and determines that this law constitutes a Type II action pursuant to Section 617.13(d)(21) of the NEW YORK CODE OF RULES AND REGULATIONS (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 7. Effective Date.

This law shall not take effect until at least sixty (60) days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within sixty (60) days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against this law in conformity with the provisions of Section 34(4) of the NEW YORK MUNICIPAL HOME RULE LAW and upon filing in the office of the Secretary of State.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

After a public hearing duly held on January 17, 1996.

Date of Approval: January 17, 1996.

Filed with the Secretary of State on April 15, 1996.

Mr. Blass offered the following resolution, seconded by Mr. Guldi. On a roll call vote: 13 Legislators in favor; 5 opposed, Mr. Caracappa, Mr. Finlay, Mrs. Carpenter, Mr. Binder, and Mr. Rizzo.

Intro. Res. No. 1963A-95

BOND RESOLUTION NO. 1137 OF 1995

A RESOLUTION AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF THE COUNTY OF SUFFOLK, NEW YORK, TO PAY THE COST OF THE ACQUISITION OF DEVELOPMENT RIGHTS IN THE TOWN OF SOUTHOLD.

WHEREAS, pursuant to Section 247 of the  General Municipal Law, as implemented by Local Law No. 19 of 1974, the County of Suffolk, New York, is authorized to acquire "development rights" in "agricultural lands", as such terms are defined in such Local Law, which development rights represent permanent legal interests or rights in land; and

WHEREAS, the acquisition of such development rights is hereby found and determined to be necessary and in the public interest and a proper public purpose of such County in accordance with the findings and determinations of the State Legislature, as set forth in Chapter 945 of the Laws of 1960 as codified in Section 247 of the General Municipal Law; and

WHEREAS, it is now desired to to provide for the financing of the acquisition of development rights in agricultural lands; now, therefore, be it

RESOLVED, by the County Legislature of the County of Suffolk, New York, as follows:

Section 1. The class of objects or purposes to be financed pursuant to this resolution and for which the serial bonds hereinafter authorized are to be issued is the acquisition by the County of Suffolk, New York, of such development rights to various parcels of prime agricultural lands in the Town of Southold, as may be authorized from time to time by the County Legislature, after due notice and a public hearing pursuant to Section 247 of the General Municipal Law and Local Law No. 19 of 1974, including all costs incidental thereto.

Section 2. The maximum estimated cost of such class of objects or purposes is $500,000, and the plan for the financing thereof is by the issuance of $500,000 serial bonds of said County hereby authorized to be issued therefor pursuant to the Local Finance Law.

Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is thirty years, pursuant to subdivision 21(a) of paragraph a of Section 11.00 of the Local Finance Law, computed from November 1, 1992, the date of the first obligations issued for such purpose.

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 inter est 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: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Blass offered the following resolution, seconded by Mr. Guldi and duly adopted with the following recorded vote: 13 Legislators in favor; 5 opposed, Mr. Caracappa, Mr. Finlay, Mrs. Carpenter, Mr. Binder, and Mr. Rizzo.

Intro. Res. No. 1963-95 Laid on Table 8/15/95

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

RESOLUTION NO. 1138 - 1995, APPROPRIATING FUNDS IN CONNECTION WITH THE ACQUISITION OF FARMLAND DEVELOPMENT RIGHTS IN THE TOWN OF SOUTHOLD (CP8701.002)

WHEREAS, the 1995 Capital Budget and Program includes matching funds of $500,000 in Capital Project 8701 for the Acquisiton of Farmland Development Rights in the Town of Southold; and

WHEREAS, the Southold Town Board has approved a resolution which supports the intent of these matching funds; and

WHEREAS, the Town and the County will purchase their respective parcels separately; and

WHEREAS, Resolution No. 471-1994 has established a ranking and prioritization of Capital Projects for 1995 as the basis for funding Capital Projects such as this project (CP8701.210); and

WHEREAS, the County Legislature by even date herewith has authorized the issuance of $500,000 in Suffolk County Serial Bonds to cover the matching share of said development rights; now, therefore, be it

RESOLVED, that it is hereby determined that this project, with a priority ranking of three (3), has been reclassified to a priority ranking of seven and one half (7.5) and is eligible for approval in accordance with the provisions of Resolution 471-1994; and be it further

RESOLVED, that the proceeds of $500,000 in Suffolk County Serial Bonds be and they hereby are appropriated as follows:

Project No. Project Title Amount

01-CF8701.002 Acquisition of Development Rights for the $500,000

Farmland Preservation Program-Southold

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Blass offered the following resolution, seconded by Mr. Guldi and duly adopted with the following recorded vote: 14 Legislators in favor; 4 opposed, Mr. Caracappa, Mr. Finlay, Mrs. Carpenter, and Mr. Rizzo.

Intro. Res. No. 1978-95 Laid On Table 8/15/95

Introduced by Presiding Officer at the request of the County Executive

RESOLUTION NO. 1139 -1995, AUTHORIZING THE ACQUISITION OF DEVELOPMENT RIGHTS TO FARMLANDS BY THE COUNTY OF SUFFOLK, PHASE IV

WHEREAS, the Suffolk County Farmland Preservation Program was commenced in the mid-1970's, and is ongoing, and its procedures are enunciated in Chapter 8 of the Suffolk County Administrative Local Laws, more particularly denominated as Local Law 16-1981, as amended by Local Law 12-1992; and

WHEREAS, pursuant thereto the Farmland Select Committee is the agency of Suffolk County government charged with the administration and functions of the Suffolk County Farmland Preservation Program, which include the recommendation and prioritization of lands whose development rights may be acquired pursuant to this Program; and

WHEREAS, the criteria which the Farmland Select Committee employs in its recommendations for acquisition and prioritization include proximity of location to other lands in the Program, soil suitability, present land use, i.e. status as a working farm, development pressure and price; and

WHEREAS, the Farmland Select Committee's recommendations consist of lands situated in the Town of Southold, attached hereto as Exhibit "A"; and

WHEREAS, it is the intent of the Farmland Select Committee that these acquisitions shall be made as part of a voluntary matching program with the Town of Southold committing to new purchases of its own of additional farmland or farmland development rights with a value of five hundred thousand dollars ($500,000.00); and

WHEREAS, pursuant to a resolution adopted by the Town Board of the Town of Southold on June 27, 1995, a copy of which is attached hereto as Exhibit "B", such a commitment has been made; now, therefore, be it

RESOLVED, that the Suffolk County Legislature does hereby approve for acquisition pursuant to this voluntary matching program, the development rights of the parcels listed in Exhibit "A", annexed hereto, up to a limit of $500,000.00 including acquisition costs, for and in the Suffolk County Farmland Preservation Program, prioritized as set forth therein, based on the Town of Southold's commitment as stated above; and be it further

RESOLVED, that the price paid for these development rights shall not exceed the approved appraised value established by the Division of Real Estate of the Department of Law; and be it further

RESOLVED, that the County Executive is hereby authorized to execute any agreements to effectuate the intent of this resolution; and be it further

RESOLVED, that the consideration for the purchase of such development rights together with all of the incidental costs of acquisition, which may include but not limited to surveys, title insurance, clerical and stenographic fees, recording fees, tax adjustment an other proper and necessary expenses, shall be provided for by the proceeds of appropriate bonds to be issued pursuant to respective appropriating and bonding resolutions authorized in conjunction herewith, as necessary; and be it further

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 516.13 (d) (15) and (21) of Volume 6 of the New York Code of Rules and Regulations since such actions are simply legislative decisions administering and implementing land acquisition as part of the Suffolk County Farmland Preservation Program which will mainly result in a beneficial impact.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

EXHIBIT

"A" List of parcels for which development rights are authorized to be acquired as acquisitions in the Suffolk County Farmland Preservation Program in accordance with the stipulated priorities.

"B" Resolution adopted by the Town Board of the Town of Southold on June 27, 1995.

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

Intro. Res. No. 1879-95 Laid on the Table 8/15/95

Introduced by Legislators Postal, Bredes, Carpenter, Foley, Blass

RESOLUTION NO. 1140 -1995, ADOPTING COMPREHENSIVE PLAN FOR CRACKDOWN ON CHILD SUPPORT ARREARS

WHEREAS, the growing problem of parents who fail to pay court-ordered child support is not only depriving innocent children of necessary care and assistance, but is also increasing the general tax burden by forcing families to turn to the County Department of Social Services for financial aid, Medicaid, food stamps, and other assistance; and

WHEREAS, Local Law 13-1994, "A Local Law Prohibiting Renewal of Occupational Licenses for Child Support Judgment Debtors," constitutes a positive first step in the long overdue war against non-custodial parents who shirk their responsibilities; now, therefore, be it

RESOLVED, that the Suffolk County Department of Social Services is hereby authorized, empowered, and directed, pursuant to Section 10-2 of the SUFFOLK COUNTY CHARTER, to develop a comprehensive plan designed to achieve the following goals:

1.) make certain that anyone contracting with the County of Suffolk, on or after the effective date of this Resolution, shall not have any outstanding judgment for child support against the principals or any of the employees, to the maximum extent possible, of said contractor or subcontractor, as determined by official court records or official government records, at the time that the potential contractor proposes to provide services, goods, or materials to the County of Suffolk. If the proposed contractor or subcontractor or principal or employee thereof, as the case may be, has such a judgment against it in the case of a sole proprietorship, joint venture, or partnership, or against him or her, in the case of a corporation, or is in such arrears, but is current in payments on a judicially approved payment schedule, or Child Support Enforcement Bureau sanctioned payment plan, to pay off or reduce such judgment or arrears, then such proposed contractor or subcontractor shall not be deemed ineligible for such contract. These conditions shall be made part of any contract documents circulated for the award of a contract so that prospective bidders or providers are on notice as to these requirements as a precondition of responding to such bid specifications, Requests for Quotes (RFQ's), or Requests for Proposals (RFP's) to the maximum extent feasible. In all other instances, no such contract shall be entered into by the County of Suffolk with said proposed contractor or subcontractor or principal or employee thereof;

2.) terminate any County contract entered into on or after the effective date of this Resolution with a contractor or subcontractor who withholds court-ordered child support payments but fails to remit these payments to the pertinent Child Support Enforcement Bureau on thirty (30) days notice or who refuses or intentionally fails to withhold money on an employee after being served with an income execution. Any contractor advised as to such termination of contract shall be offered a due process hearing within fifteen (15) days after notice of such termination to be heard on the matter and to provide evidence that the contractor is in compliance with this Resolution and program authorized hereunder. Elimination for such cause shall be made a provision of all future contracts; and

3.) require all potentially new County employees to verify in writing, at the time that they are interviewed for hiring, whether or not they are in arrears with regard to child support payments. Employment shall be denied only in those instances in which such a potential employee has a judgment against him or her and is not current in payments on a judicially approved payment schedule, or Child Support Enforcement Bureau sanctioned payment plan, to pay off or reduce such judgment or arrears. In all other instances, the individual shall be reported to the pertinent Child Support Enforcement Bureau and subjected to income execution; and

4.) provide a due process hearing procedure to afford parties, alleged to be in non-compliance due to outstanding arrears, an opportunity to be heard on the matter and to provide evidence that the party is not in arrears or out of compliance with a payment schedule;

and be it further

RESOLVED, that this program shall be reduced to writing and submitted to the County Executive and to each member of the County Legislature no later than one (1) year subsequent to the effective date of this Resolution, said plan to be prospective in nature; and be it further

RESOLVED, that this plan shall not take effect and be implemented unless first approved by the County Legislature by duly enacted Resolution; and be it further

RESOLVED, that this plan shall not be developed by an outside consultant unless an agreement to do the same is approved and ratified by a duly enacted resolution of the County Legislature.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: January 2, 1996

Mr. Rizzo 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. 2331-95 Laid on Table 12/14/95

Requested by the Suffolk County Treasurer

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

RESOLUTION NO. 1141 - 1995, AUTHORIZING THE COUNTY TREASURER TO BORROW CASH FUNDS FROM THE WATER QUALITY PROTECTION RESERVE FUND AND OTHER COUNTY FUNDS

WHEREAS, the County Treasurer recommends that monies be borrowed from the Water Quality Protection Reserve Fund and other County Funds to meet a temporary shortfall of cash in December, 1995; and

WHEREAS, in accordance with the New York State General Municipal Law, Section 9-a, monies can be temporarily borrowed between funds but must be repaid with interest, by the end of the fiscal year; and

WHEREAS, the original intent of the Suffolk County Legislature and New York State Laws in creating said funds will not be circumvented by the enactment of this resolution; and

WHEREAS, it is prudent fiscal management for the County to borrow from its own funds since the County will not incur interest charges or other borrowing fees, such as the cost of issue, from such action; now, therefore, be it

RESOLVED, that the County Treasurer is hereby authorized and empowered to borrow available cash from the Water Quality Protection Reserve Fund and other County Funds to the extent this cash is not needed for budgeted expenditures of said funds; and be it further

RESOLVED, that any monies borrowed from the Water Quality Protection Reserve Fund and other County Funds pursuant to this resolution be repaid to said reserve funds with interest at the prevailing rate from subsequent revenues as soon as it is fiscally practicable, but no later than December 31, 1995; and be it further

RESOLVED, that the County Treasurer is directed to provide the County Legislature, County Executive, County Comptroller, Budget Office and Budget Review Office a report within five business days following any transaction that increases or decreases the fund balance in the Water Quality Protection Reserve Fund (Fund 75) and other County Funds

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 15, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Rizzo and duly adopted with the following recorded vote: 16 Legislators in favor; 1 opposed, Mr. Rizzo; 1 absent, Mr. Locorriere.

Intro. Res. No. 2302-95 Laid on Table 11/21/95

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

RESOLUTION NO. 1142 - 1995, APPROVING THE GIFT OF CERTAIN REAL PROPERTY OF CAMPO BROTHERS AND AUTHORIZING THE COMMISSIONER OF REAL ESTATE TO ACCEPT THE DEDICATION PURSUANT TO S215(3) OF THE COUNTY LAW AND DEDICATING THE REAL PROPERTY TO THE SUFFOLK COUNTY NATURE PRESERVE PROGRAM

WHEREAS, Campo Brothers is the owner in fee of certain real property located in the Town of Brookhaven, and more specifically described in Exhibit "A", appended hereto and made a part hereof; and

WHEREAS, an application was made to the Town of Brookhaven, Board of Zoning Appeals, for a variance concerning minimum lot sizes for the proposed Subdivision Iowa Avenue Estates; and

WHEREAS, this application was approved, provided that the applicant transferred to the County, at no cost, SCTA Map parcels 0200-208-05-028 and 0200-230-02-028; and

WHEREAS, these parcels are located within the St. Germain of Alaska Nature Preserve of the County Nature Preserve Program; and

WHEREAS, the Suffolk County Department of Health Services, Division of Environmental Quality, Board of Review, has issued a report concluding that approval of the application will not affect the overall groundwater resource since the transferred parcels are to be sterilized; and

WHEREAS, the Director of the Division of Planning has indicated no objection to the transfer, and in fact, acceptance of the same would solidify our holdings in the areas; and

WHEREAS, acceptance of the donation shall be conditional upon payment of the following costs by the owner/donor as an inducement to the acceptance of this proposed dedication:

1. Costs of survey; and

2. Costs of title insurance for the benefit of Suffolk County; and

3. Cost of an environmental audit, satisfactory to the Suffolk County Attorney; and

4. Real property taxes due and owing for the period until the property is marked on the assessment rolls, as an exempt property held in the public use; now, therefore, be it

RESOLVED, that upon satisfaction of the aforestated conditions, the Director of Real Estate is authorized to accept this dedication by gift of the above described parcels pursuant to S215(3) of the New York State County Law; and be it further

RESOLVED, that the Director of Real Estate is hereby authorized to transfer jurisdiction of the properties to the County Nature Preserve Program, subject to any covenants, easements or restrictions of record, if any; and be it further

RESOLVED, that acceptance of the properties shall be subject to payment of the aforementioned costs by the donor; and be it further

RESOLVED, that the County Attorney be, and hereby is, authorized to do all things necessary to acquire by gift an unencumbered title to these properties in the name of the County of Suffolk; and be it further

RESOLVED, that the Assessor of the Town of Brookhaven, and all other assessors having jurisdiction thereof, be and they hereby are requested to mark the assessment rolls of their jurisdictions to shown that said parcels are owned by the County of Suffolk and are exempt from taxation and exempt from special ad valorem levies and special assessments to the extent permitted by law pursuant to section 406(1) of the New York Real Property Law.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

EXHIBIT "A"

ALL that certain plot, piece or parcel of land, situate, lying and being at Port Jefferson Station, Town of Brookhaven, County of Suffolk and State of New York, known and designated as Lots 732 and 733 on a certain map entitled, "Map of Highland Park, Plate 36" filed in the Suffolk County Clerk's Office on 5-31-06 as Map No. 341.

ALL that certain plot, piece, or parcel of land situate, lying and being in the Town of Brookhaven, Lot 533 (sixe 25 feet x 100 feet) of the land at or near Port Jefferson, New York, owned by Vigilant Land and Security Company and surveyed by F.A. Hawkins, Surveyor and Engineer, and platted as Highland Park, Plate 36, as appears by the plat or map thereof on file in the Office of the Clerk of the County Clerk of said County and State.

Mr. Blass offered the following resolution, seconded by Mr. Rizzo and not adopted with the following recorded vote: 10 Legislators in favor; 8 opposed, Mr. Locorriere, Mr. Levy, Mr. D'Andre, Mr. Bishop, Mr. Binder, Mr. Tonna, Mr. Hackeling, and Mr. Blydenburgh.

Intro. Res. No. 2328-95 Laid on Table 12/14/95

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

RESOLUTION NO. 1143 - 1995, APPORTIONING MORTGAGE TAX BY: COUNTY TREASURER

RESOLVED, that the joint reports of the Recording Officer and the County Treasurer as filed with this Legislature on , relative to the distribution of mortgage taxes for the six month period ending September 30, 1995, be accepted and that the amounts specified therein be fixed and determined as the amounts due the Towns and Villages respectively; and be it further

RESOLVED, that the Presiding Officer and Clerk of this Legislature be authorized to execute and deliver to the County Treasurer a warrant of this Legislature directing him to make the payments therein specified in the report in accordance with the provisions of Section 261 of the Tax Law.

DATED: December 14, 1995 *** NOT ADOPTED ***

OFFICE OF THE COUNTY LEGISLATURE

RIVERHEAD, NEW YORK

TO THE TREASURER OF SUFFOLK COUNTY:

Pursuant to the authority conferred by Section 261 of the New York State Tax Law and a resolution adopted this day relative to the distribution of mortgage taxes to the several tax districts of this County for the six month period ending September 30, 1995, the County Legislature of this County this day assembled hereby directs you to pay the Supervisors of the several Towns and to the Treasurers of the several Villages, as hereinafter specified, such sums as are listed in the schedule following:

To the Supervisors of the Towns of:

Babylon $ 956,907.19

Brookhaven 2,593,529.16

East Hampton 449,505.37

Huntington 1,841,652.67

Islip 1,969,805.89

Riverhead 168,921.74

Shelter Island 41,542.11

Smithtown 977,147.25

Southampton 843,063.28

Southold 180,654.67

To the Treasurers of the Villages of:

Amityville 32,671.69

Lindenhurst 59,640.57

Babylon 36,615.44

Old Field 9,490.73

Poquott 4,360.76

Bellport 11,698.78

Port Jefferson 66,567.94

Belle Terre 7,620.25

Patchogue 32,877.22

Shoreham 3,157.12

Lake Grove 37,675.16

East Hampton 49,101.05

Sag Harbor 6,008.45

Northport 32,457.02

Asharoken 7,133.45

Lloyd Harbor 34,268.32

Huntington Bay 11,407.36

Ocean Beach 10,811.29

Saltaire 12,461.40

Brightwaters 14,091.14

Islandia 30,005.55

Dering Harbor 537.61

Head of Harbor 8,747.88

Nissequogue 12,397.62

Village of the Branch 11,039.06

Westhampton Beach 37,776.07

Quogue 35,655.57

Southampton 86,765.46

Sag Harbor 12,393.89

North Haven 12,218.04

Greenport 4,251.55

Westhampton Dunes 495.67

Total Villages: $ 732,399.11

Total Towns: $10,022.729.33

Presiding Officer, County Legislature

Clerk, County Legislature

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

Intro. Res. No. 2330-95 Laid on Table 12/14/95

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

RESOLUTION NO. 1144 - 1995, AUTHORIZING THE SALE, PURSUANT TO LOCAL LAW 16-1976, OF REAL PROPERTY ACQUIRED UNDER SECTION 46 OF THE SUFFOLK COUNTY TAX ACT (CHARLES E.S. McLEOD, INC.) (0400-215.00-02.00-064.000)

WHEREAS, the COUNTY OF SUFFOLK acquired 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 Huntington, County of Suffolk, and State of New York, described on the Tax Map of the Suffolk County Real Property Tax Service Agency as District 0400, Section 215.00, Block 02.00, Lot 064.000, and acquired by tax deed on mAY 18, 1994, from John C. Cochrane, the County Treasurer of Suffolk County, New York and recorded on May 24, 1994, in Liber 11677, at Page 999, and otherwise known as and by Town of Huntington, "Map of 44 Small Farms" filed in the Office of the Suffolk County Clerk on November 22, 1919 as Map No. 252, known as Lot Nos. 31 & 32; and

FURTHER, notwithstanding the above description, it is the intention of this conveyance to give title only to such property as was acquired by the County of Suffolk by Tax Deed on May 4, 1994, from John C. Cochrane, the County Treasurer of Suffolk County, New York, and recorded on May 24, 1994, in Liber 11677, at Page 999.

WHEREAS, in accordance with Suffolk County Local Law 16-1976, provision has been made for the sale of such real property acquired by the County through tax sale; and

WHEREAS, NATIONAL WESTMINSTER BANK USA, as mortgagee, by Gary S. Bush, Vice President, has made application to the Division of Real Estate, Department of Law for the acquisition of said above described parcel and NATIONAL WESTMINSTER BANK USA, as mortgagee, by Gary S. Bush, Vice President, has paid the application fee therefore; and

WHEREAS, the Division of Real Estate shall receive and deposit the sum of $149,961.51, plus any and all other charges due the County of Suffolk pursuant to said Local Law by applicant through November 30, 1996; and

WHEREAS, the Division of Real Estate, Department of Law, has determined that NATIONAL WESTMINSTER BANK USA, as mortgagee, had an interest in the subject parcel at the time of application as specified in Section 1, Local Law 16-1976 (as amended); and

WHEREAS, the Division of Real Estate, Department of Law having found that all requirements of said Local Law 16-1976 have been complied with, has approved said application; and

WHEREAS, the Division of Real Estate requests authority pursuant to said Local Law 16-1976 to Quitclaim the County's interest to said CHARLES E.S. MCLEOD, INC., upon receipt of the above stated consideration plus or minus the usual real estate closing adjustments; now, therefore, be it

RESOLVED, that the Director of the Division of Real Estate, Department of Real Estate, Department of Law be and hereby is authorized to execute and acknowledge a Quitclaim Deed to CHARLES E.S. MCLEOD, INC., 40 Doyle Court, East Northport, New York 11731, to transfer the interest of Suffolk County in the above described property and on the above described terms.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2332-95                     Laid on the Table 12/14/95

Introduced by Legislator Davis

RESOLUTION NO.  1145-1995, AUTHORIZING THE SALE OF COUNTY-OWNED REAL ESTATE PURSUANT TO SECTION 215, NEW YORK STATE COUNTY LAW TO JOSEPH BALSAMO, ANNE HICKEY, AND LEO J. BALSAMO

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, State of New York, described on the Tax Map of the Suffolk County Real Property Service Agency as District 0200, Section 983.20, Block 06.00, Lot 024.000, and acquired by tax deed on August 1, 1994 from John C. Cochrane, the County Treasurer of Suffolk County, New York, and recorded on August 11, 1994, in Liber 11689, at Page 213, and otherwise known as and by Town of Brookhaven, Mastic Acres Map 1535 Unit 11B 768; and

WHEREAS, JOSEPH BALSAMO, ANNE HICKEY, AND LEO J. BALSAMO are the former owners of said real property; and

WHEREAS, the time for redemption of this real property under Local Law No. 16-1976 has expired; and

WHEREAS, an investigation by the office of Legislator Herbert W. Davis has determined that said non-payment of taxes on the part of JOSEPH BALSAMO, ANNE HICKEY, AND LEO J. BALSAMO was not an intentional act but was due to circumstances beyond their control, more fully described in the documents attached hereto; and

WHEREAS, it would be in the best interest of the County of Suffolk to return said parcel to the tax rolls; and

WHEREAS, the above described parcel has been appraised by the County Department of Law, Division of Real Estate, at Fifteen Thousand, Five Hundred Dollars ($15,500.00); and

WHEREAS, the County Attorney or the Director of the Division of Real Estate, or his deputy, did receive and deposit the sum of Eight Hundred Ninety-four and 23/100 Dollars ($894.23) together with any and all other charges that may be due and owing to the County of Suffolk as of the actual date of closing, as full payment of all amounts due and owing to the County of Suffolk; now, therefore, be it

RESOLVED, that the County Attorney or the Director of the Division of Real Estate, or his deputy, is hereby authorized to execute, acknowledge, and deliver a quitclaim deed to:

JOSEPH BALSAMO, ANNE HICKEY, AND LEO J. BALSAMO

101 Pine Cone Drive

Huddleston, Virginia 24104

upon receipt of the above-described moneys, to convey the interest of the County of Suffolk in the above-described real estate.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Locorriere offered the following resolution, seconded by Mrs. Postal and duly adopted with the following recorded vote: 13 Legislators in favor; 4 opposed, Mr. Guldi, Mr. Hackeling, Mr. Rizzo, and Mr. Blydenburgh; 1 abstention, Mr. Caracappa.

Intro. Res. No. 2333-95 Laid on Table 12/14/95

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

RESOLUTION NO. 1146 - 1995, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN RELATION TO THE ESTABLISHMENT OF A COUNTY SEWER DISTRICT, TO BE KNOWN AS "SUFFOLK COUNTY SEWER DISTRICT NO. 20 - WILLIAM FLOYD," IN THE COUNTY OF SUFFOLK, NEW YORK; APPROVING THE ESTABLISHMENT OF THE DISTRICT AND THE ACQUISITION OF SEWERAGE FACILITIES; READJUSTING, COMPROMISING AND GRANTING REFUNDS AND CHARGEBACKS ON REAL PROPERTY AND CORRECTING ERRORS

WHEREAS, the Suffolk County Sewer Agency and others did enter into a contract with the developers, Leisure Village at Shoreham, Inc., Newbrook Enterprises and Brookwood Communities, Inc., of the developments known as Leisure Village, Leisure Knolls and Leisure Glen, Ridgehaven Estates and Ridgehaven Village, respectfully, which contracts provided for the construction and dedication of certain sewage facilities and for the creation of a County sewer district in and about the developments in the Town of Brookhaven; and

WHEREAS, the County Legislature of the County of Suffolk, New York, did, pursuant to Article 5A of the County Law, duly adopt Resolution No. 212-1973 on March 27, 1973, directing the Suffolk County Sewer Agency with the assistance of the Suffolk County Department of Environmental Control, to prepare maps, plans and reports and make recommendations for proposed sewer districts in and about new subdivisions and developments of land in the County of Suffolk, New York; and

WHEREAS, in accordance with the provisions of the resolution and Article 5A of County Law, the County Sewer Agency, with the staff of the Suffolk County Department of Public Works as the successors to the Department of Environmental Control, did duly cause maps and plans to be prepared in relation to the establishment of the proposed County sewer district and did file same with the County Legislature together with a report dated April 1995 (as revised July 1995, and as thereafter amended) of its proceedings and recommendations, including a recommendation as to what officer, board or body should be administrative head or body of the proposed district; and

WHEREAS, the County Legislature did, pursuant to Section 254 of the County Law duly adopt Resolution No. 1020-95, calling for a public hearing at the County Center in Hauppauge, New York, on November 21, 1995, upon the proposal to establish the sewer district to comprise the area described in the maps and plans; and

WHEREAS, the Clerk of the County Legislature did duly cause a notice of the public hearing to be published at least once in each of the official newspapers of the County, all in the manner and within the time provided by law and proof thereof has been presented to the County Legislature; and

WHEREAS, the public hearing was duly held on November 21, 1995, at the appointed time and place and at which all interested parties were duly heard; and

WHEREAS, the County Legislature has now duly considered the maps, plans, report, recommendations and other data filed with it by the County Sewer Agency; and

WHEREAS, Leisure Village at Shoreham, Inc. has contested the amount of real property taxes assessed and levied against the Leisure Village sewage treatment plant; and

WHEREAS, pursuant to the provisions of the Real Property Tax Law and Section 30 of the Suffolk County Tax Act, the County Legislature of the County of Suffolk may cancel assessments and grant refunds of taxes in case of correction of errors on the assessment and tax rolls; and

WHEREAS, the properties represented by the tax item number and/or Suffolk County Tax Map number indicated below have been duly investigated by the Assessor of the Town of Brookhaven, and the procedures of the Real Property Tax Law and the Suffolk County Tax Act have been fully complied with; and

WHEREAS, the appropriate documentation, consisting of a Certificate of Cancellation pursuant to Real Property Tax Law section 558 (Exhibit "A" annexed hereto), regarding the Leisure Village sewage treatment plant site, has been submitted to the County by the Assessor of the Town of Brookhaven; and

WHEREAS, it would be beneficial to the County of Suffolk to resolve all issues and claims regarding the payment of real property taxes on the Leisure Village sewage treatment plant site; and

WHEREAS, towards such end, Leisure Village at Shoreham, Inc. has agreed to pay the sum of SEVENTY-FIVE THOUSAND AND NO/100THS ($75,000.00) DOLLARS in accordance with the terms of a certain "Acquisition and Construction Agreement," dated as of July 31, 1995, a copy of which is included in Exhibit "G" of the Report, Map and Recommendations for the Proposed Formation of Suffolk County Sewer District No. 20 - William Floyd, Rev. July 1995 (attached hereto as Exhibit "B"); and

WHEREAS, as set forth in paragraphs 5 and 8(c) of the "Acquisition and Construction Agreement," the sum shall be applied to the separate zone of assessment to be established in connection with the formation of proposed Suffolk County Sewer District No. 20 - William Floyd with respect to expenses related to capital improvements to the Leisure Village sewage treatment plant, or, if no such separate zone of assessment for capital improvements is so established, then to the separate fund to be established for sewer rents for capital expenses associated with the Leisure Village sewage treatment plant; and

WHEREAS, this Legislature, by Resolution No. 869-1995, made a SEQRA determination pursuant to Environmental Conservation Law Article 8 in connection with the formation of proposed Suffolk County Sewer District No. 20 - William Floyd; and

WHEREAS, such determination classified the action as a Type I action and issued a negative declaration on the same; now, therefore, be it

RESOLVED, by the County Legislature of the County of Suffolk, New York, as follows:

Section 1. Upon the evidence presented at the public hearing and after due consideration of the maps, plans, report and recommendations and data filed with it by the County Sewer Agency, the County Legislature of the County hereby finds and determines as follows:

(a) That the existing sewer facilities now or formerly owned by the developers intended for County Sewer District, including sewerage treatment facilities and collection systems, together with facilities and appurtenances thereto, and the necessary land and rights in land, and the reconstruction of and construction of additions to the existing facilities, all as more fully described and defined in the maps and plans, report and recommendations, are satisfactory, sufficient, adequate and appropriate;

(b) That all property and property owners within the proposed sewer district as hereinafter described, are benefitted thereby;

(c) That all property and property owners benefitted are included within the limits of the proposed sewer district as hereinafter described;

(d) That the proposed rate of $217 per residence per year is the maximum to be charged the first year after formation is implemented;

(e) That the district shall be formed pursuant to Section 271 of the County Law;

(f) That it is in the public interest to establish the proposed sewer district substantially in accordance with the maps and plans, report and recommendations of the Suffolk County Sewer Agency;

(g) That capital zones of assessment are established such that capital improvements (as defined in the Exhibit "G" of the maps, plans, report, recommendations) for each of the two sewerage facilities have capital improvement costs assessed to those service areas only, in order that such capital zones of assessment and the allocation of the capital costs of the facilities thereto will represent as nearly as may be the proportionate amount of benefit which the several lots and parcels of land situate in such zones will derive therefrom.

Section 2. The establishment of the proposed sewer district to be designated and known as "SUFFOLK COUNTY SEWER DISTRICT NO. 20 - WILLIAM FLOYD," is hereby approved to comprise an area lying entirely within the Town of Brookhaven more particularly bounded and described as follows:

All those certain plots, pieces or parcels of land situate, lying and being at Ridge, in the Town of Brookhaven, County of Suffolk and State of New York, and being more particularly bounded and described as follows:

DESCRIPTION OF RIDGE HAVEN ESTATES,

PROPERTY SITUATED AT RIDGE, TOWN OF BROOKHAVEN,

SUFFOLK COUNTY, NEW YORK

BEGINNING at the east end of the line connecting the south side of Whiskey Road with the west side of William Floyd Parkway, CR 46.

RUNNING THENCE along the west side of William Floyd Parkway, CR 46, the following two (2) courses and distances:

(1) Southerly along the arc of a circular curve which deflects to the right, whose radius is 4,547.67 feet, a length of 1273.43 feet.

(2) S17-11-12W, 346.56 feet to land now or formerly O'Brien.

THENCE along said land the following two (2) courses and distances:

(1) S86-26-30W, 571.50 feet

(2) S21-47-51W, 971.37 feet to the north side of Port Jefferson-Westhampton Road, CR 111.

THENCE along said road line the following two (2) courses and distances:

(1) N68-48-30W, 370.37 feet

(2) N68-46-48W, 940.75 feet to the Map of Leisure Knoll, Section 2.

THENCE along said map and the recharge basin on the Map of Leisure Knoll, Section 2, the following three (3) courses and distances:

(1) N07-36-19E, 1557.05 feet

(2) N15-11-10E, 319.66 feet

(3) N29-43-10E, 207.51 feet to land now or formerly Linsenbarth.

THENCE along said land the following two (2) courses and distances:

(1) S81-17-50E, 722.59 feet

(2) N13-35-40E, 341.68 feet to the north side of Whiskey Road.

THENCE along said road line the following two (2) courses and distances:

(1) S84-57-00E, 516.20 feet

(2) S84-37-00E, 701.94 feet

THENCE across Whiskey Road S05-57-12E, 50.48 feet.

THENCE along the south side of Whiskey Road S48-37-00E, 69.84 feet to the point or place of beginning.

Containing within said bounds 101+ acres.

THE ABOVE IS DESIGNATED AS PARCEL "A" ON THE MAP OF PROPERTY

AT RIDGE, TOWN OF BROOKHAVEN, SUFFOLK COUNTY, NEW YORK,

PROPOSED SUFFOLK COUNTY SEWER DISTRICT NO. 20 - WILLIAM FLOYD

DESCRIPTION OF SEWAGE TREATMENT PLANT SITE

NORTH OF RIDGE HAVEN ESTATES, PROPERTY SITUATED

AT RIDGE, TOWN OF BROOKHAVEN, SUFFOLK COUNTY, NEW YORK

BEGINNING at a point on the west side of County Road 46, which is also known as William Floyd Parkway, said point being 939.13 feet northerly along the westerly side of County Road 46, and the northerly side of Whiskey Road.

RUNNING THENCE thru lands now or formerly of H. Auerbach and Newbrook Enterprises, the following seven (7) courses and distances:

(1) S76-41-50W, 370.00 feet

(2) N13-18-10W, 330.00 feet

(3) N78-12-00W, 36.63 feet

(4) S76-41-50W, 106.83 feet

(5) N13-18-10W, 653.46 feet

(6) N76-41-50E, 510.00 feet

(7) S13-18-10E, 999.00 feet to the point or place of beginning.

Containing within said bounds 10.592 acres.

THE ABOVE IS DESIGNATED AS PARCEL "A-1" ON THE MAP OF PROPERTY

AT RIDGE, TOWN OF BROOKHAVEN, SUFFOLK COUNTY, NEW YORK,

PROPOSED SUFFOLK COUNTY SEWER DISTRICT NO. 20 - WILLIAM FLOYD

DESCRIPTION OF LEISURE KNOLL

PROPERTY SITUATED AT RIDGE, TOWN OF BROOKHAVEN,

SUFFOLK COUNTY, NEW YORK

BEGINNING at a point on the southerly side of Whiskey Road, said point being located the following two (2) courses and distances as measured from the westerly end of the curve connecting the westerly side of Randall Road with the northerly side of Whiskey Road.

1) S35-12-00W, 66.00 feet to the southerly side of Whiskey Road.

2) Along said road line S54-48-00E, 371.82 feet to the true point or place of beginning.

RUNNING THENCE along land now or formerly of Linsenbarth and the Maps of Ridge Haven Estates, Sections 1 and 2 the following five (5) courses and distances:

1) S14-01-00W, 131.69 feet

2) S58-32-00W, 253.66 feet

3) S42-59-59W, 243.68 feet

4) S28-28-00W, 319.66 feet

5) S20-53-09W, 1557.05 feet to the northerly side of Port Jefferson-Westhampton Road C.R. 111.

THENCE along said road line the following four (4) courses and distances:

1) N55-55-52W, 1434.24 feet

2) S70-10-48W, 116.49 feet

3) Westerly along the arc of a circular curve which deflects to the left, whose radius is 3919.72 feet a length of 1338.84 feet.

4) N00-12-30E, 91.70 feet to land now or formerly of Elmer C. Sutpen, Jr.

THENCE along said land and lands now or formerly of Stanley R. & Mary Ann Niegocki, Walter F. Boyle, C.R. & L. Kloepfer, Irma E. Deeds, Charles H. & Madeline L. Gross, and Iris Frances, the following three (3) courses and distances:

1) N02-07-31E, 647.60 feet

2) N00-04-53W, 960.46 feet

3) N11-23-14E, 142.91 feet to the southerly side of Whiskey Road.

THENCE along said road line the following two (2) courses and distances:

1) Easterly along the arc of a circular curve which deflects to the right, whose radius is 1334.00 feet, a length of 315.83 feet.

2) S89-01-27E, 174.55 feet to land now or formerly of Mary and Katherine P. Gaynor.

THENCE along said land the following three (3) courses and distances:

1) S04-35-36E, 465.78 feet

2) N85-24-24E, 195.00 feet

3) N04-35-36W, 446.77 feet to the southerly side of Whiskey Road.

THENCE along said road line the following three (3) courses and distances:

1) S89-01-27E, 1505.84 feet

2) Easterly along the arc of a circular curve which deflects to the right, whose radius is 1604.00 feet, a length of 958.11 feet.

3) S54-48-00E, 715.79 feet to the point or place of beginning.

Containing within said bounds 144+ acres.

THE ABOVE IS DESIGNATED AS PARCEL "B" ON THE MAP OF PROPERTY AT

RIDGE, TOWN OF BROOKHAVEN, SUFFOLK COUNTY, NEW YORK,

PROPOSED SUFFOLK COUNTY SEWER DISTRICT NO. 20 - WILLIAM FLOYD.

DESCRIPTION OF LEISURE VILLAGE AND LEISURE GLEN

PROPERTY SITUATED AT RIDGE, TOWN OF BROOKHAVEN,

SUFFOLK COUNTY, NEW YORK

BEGINNING at the westerly end of a curve connecting the westerly side of Randall Road with the northerly side of Whiskey Road.

RUNNING THENCE along the northerly side of Whiskey Road the following three (3) courses and distances:

1) N54-48-00W, 343.96 feet

2) Westerly along the arc of a circular curve which deflects to the left, whose radius is 1670.00 feet, a length of 997.54 feet.

3) N89-01-27W, 106.42 feet to land now or formerly of the Town of Brookhaven.

THENCE along said land the following eleven (11) courses and distances:

1) N00-20-00W, 1523.51 feet

2) S89-40-00W, 669.03 feet

3) N38-08-00W, 189.95 feet

4) N00-20-00W, 120.00 feet

5) S89-40-00W, 685.00 feet

6) N80-50-00W, 140.00 feet

7) S09-10-00W, 230.00 feet

8) Southerly along the arc of a circular curve which deflects to the left, whose radius is 240.00 feet, a length of 213.63 feet.

9) Southerly along the arc of a circular curve which deflects to the right, whose radius is 2200.00 feet, a length of 1036.73 feet

10) Southerly along the arc of a circular curve which deflects to the right, whose radius is 1340.00 feet, a length of 456.06 feet

11) S04-40-00W, 7.56 feet to the northerly side of Whiskey Road.

THENCE along said road line the following three (3) courses and distances:

1) N89-01-27W, 699.24 feet

2) Westerly along the arc of a circular curve which deflects to the left, whose radius is 1400.00 feet, a length of 725.22 feet.

3) S61-17-44W, 8.70 feet to land now or formerly of Julius & Marion Kaufmann.

THENCE along said land and land now or formerly of George Thomas & Pauline McKaige the following two (2) courses and distances:

1) N00-43-44W, 39.89 feet

2) N00-28-40W, 195.34 feet to land now or formerly of Rolan & Lilian Folz.

THENCE along said land the following three (3) courses and distances:

1) S86-45-34E, 2.77 feet

2) N00-02-34W, 200.00 feet

3) N86-45-34W, 4.29 feet to land now or formerly of Schlacter.

THENCE along said land the following two (2) courses and distances:

1) N00-28-40W, 204.08 feet

2) N87-11-40W, 2.63 feet to land now or formerly of R.C.A.

THENCE along said land N00-43-44W, 1286.00 feet to the east side of Ridge Road as widened.

THENCE along said road line the following thirteen (13) courses and distances:

1) N25-07-00E, 146.17 feet

2) Northerly along the arc of a circular curve which deflects to the left, whose radius is 180.00 feet, a length of 85.63 feet.

3) N02-08-20W, 224.24 feet

4) Northerly along the arc of a circular curve which deflects to the right, whose radius is 300.00 feet, a length of 38.43 feet

5) N05-12-00E, 236.31 feet

6) Northerly along the arc of a circular curve which deflects to the right, whose radius is 150.00 feet, a length of 83.12 feet.

7) N36-57-00E, 292.51 feet

8) Northeasterly along the arc of a circular curve which deflects to the right, whose radius is 150.00 feet, a length of 28.32 feet.

9) N47-47-00E, 211.82 feet

10) Northeasterly along the arc of a circular curve which deflects to the left, whose radius is 150.00 feet a length of 74.18 feet.

11) N19-26-00E, 229.37 feet

12) Northerly along the arc of a circular curve which deflects to the left, whose radius is 200.00 feet, a length of 62.86 feet.

13) N01-25-30E, 7.36 feet to land now or formerly of Deanin.

THENCE along said land the following two (2) courses and distances:

1) N89-34-13E, 1425.80 feet

2) N01-36-44E, 3243.82 feet

THENCE N88-23-16W, 600.00 feet

THENCE N01-36-44E, 500.00 feet

THENCE N01-10-46E, 47.65 feet

THENCE along the easterly side of Pulaski Avenue N01-38-20E, 500.00 feet to the southerly side of Willard Street.

THENCE along said road line S88-21-40E, 1200.00 feet to the westerly side of Martin Avenue.

THENCE along said road line S01-38-20W, 125.00 feet.

THENCE S88-21-40E, 150.00 feet

THENCE S01-38-20W, 125.00 feet

THENCE S88-21-40E, 100.00 feet to the westerly side of Park Avenue.

THENCE along said road line S01-38-20W, 50.00 feet.

THENCE S88-21-40E, 272.30 feet to the westerly side of Randall Road.

THENCE along said road line the following seven (7) courses and distances:

1) S03-27-20E, 143.02 feet

2) S11-23-16E, 329.44 feet

3) S00-00-56E, 886.18 feet

4) S02-42-12E, 349.90 feet

5) S07-02-16E, 305.91 feet

6) S02-42-16E, 687.16 feet

7) S00-54-26E, 577.48 feet to the Map of Leisure Village Condominium 17A.

THENCE ALONG SAID Map N78-00-00W, 8.46 feet to the westerly side of Randall Road as widened.

THENCE along said road line the following seven (7) courses and distances:

1) S00-54-26E, 886.86 feet

2) S02-11-34W, 1728.38 feet

3) Southerly along the arc of a circular curve which deflects to the left, whose radius is 2293.54 feet, a length of 998.53 feet.

4) S22-45-06E, 859.34 feet

5) Southerly along the arc of a circular curve which deflects to the right, whose radius is 150.00 feet, a length of 151.72 feet.

6) S35-12-00W, 22.47 feet

7) Southerly and westerly along the arc of a circular curve which deflects to the right, whose radius is 25.00 feet, a length of 39.27 feet to the point or place of beginning.

Containing within said bounds 350+ Acres.

THE ABOVE IS DESIGNATED A PARCEL "C" ON THE MAP OF PROPERTY AT

RIDGE, TOWN OF BROOKHAVEN, SUFFOLK COUNTY, NEW YORK,

PROPOSED SUFFOLK COUNTY SEWER DISTRICT NO. 20 - WILLIAM FLOYD

DESCRIPTION OF RIDGE HAVEN VILLAGE

PROPERTY SITUATED AT RIDGE, TOWN OF BROOKHAVEN,

SUFFOLK COUNTY, NEW YORK

BEGINNING at a point being the southwesterly corner of the above-mentioned property, said point of beginning being located 637.95 feet east of the intersection of the easterly side of Raynor Road and the northerly side of Middle Country Road (NYS Rte. 25) as measured along the north side of Middle Country Road (NYS Rte. 25) to a point.

THENCE N03-09-31E, 1339.93 feet to said point of beginning.

THENCE the following eight (8) courses and distances:

(1) N12-52-25W, 400.12 feet

(2) N07-46-35E, 685.69 feet

(3) N03-13-05E, 600.00 feet

(4) N07-13-05E, 276.00 feet

(5) S87-46-55E, 580.00 feet

(6) S02-13-05W, 1325.00 feet

(7) S02-07-35W, 628.13 feet

(8) N86-50-29W, 577.85 feet to the point or place of beginning.

Containing within said bounds 27.92+ acres.

THE ABOVE IS DESIGNATED AS PARCEL "D" ON THE MAP OF PROPERTY

AT RIDGE, TOWN OF BROOKHAVEN, SUFFOLK COUNTY, NEW YORK,

PROPOSED SUFFOLK COUNTY SEWER DISTRICT NO. 20 - WILLIAM FLOYD

The above described proposed Sewer District No. 20 is the same as is shown on a map filed in the Office of the Suffolk County Legislature and Sewer Agency.

Section 3. The acquisition of all the sewer facilities and appurtenances thereto, and necessary land and rights in land, will be acquired by dedication at no cost to the proposed sewer district all pursuant to contracts between the Suffolk County Sewer Agency, the Developer and others.

Section 4. The proposed County Sewer District shall be established pursuant to the provisions of Article 5A of the County Law and the contract between the Suffolk County Sewer Agency, the developer and others.

Section 5. To the extend that any expenses are not paid from sewer rents or other available revenues or funds of the district, it is proposed that the expense of the establishment of the district and the annual expenses of operation, maintenance and debt service are to be assessed, levied and collected from the lots and parcels of land within the district in the same manner and the same time as other County charges in accordance with the provisions of Section 271 of Article 5A of County Law.

Section 6. Exhibit "G" of the Report, Map and Recommendations for the Proposed Formation of Suffolk County Sewer District No. 20 - William Floyd, Rev. July 1995, the Acquisition and Construction Agreement, is hereby approved and ratified by the Suffolk County Legislature and the County Executive.

Section 7. As more particularly set forth in the Acquisition and Construction Agreement (Exhibit "G" of the maps, plans, report, recommendations), this Legislature proposes, recommends and approves, subject to the approval of the State Comptroller, that separate capital zones of assessment be established in the proposed district for the Ridgehaven and Leisure Village sewage treatment facilities, in order that the cost of capital improvements (as defined in the Acquisition and Construction Agreement) for each facility may be assessed to only the users of that facility. All other costs are to be assessed on a pro-rata basis. The District is to be formed pursuant to Section 271 of County Law.

Section 8. This Legislature has authorized the preparation of an application for the establishment of "Suffolk County Sewer District No. 20 - William Floyd;" and reviewed the application; believes that the contents of the application are accurate; has determined that the proposed district formation is in the public interest and will not constitute an undue burden on the property which will bear the cost thereof; that all real property to be assessed for the cost of the proposed district will be benefitted by the proposed district and that no benefitted property has been excluded; and that the capital costs of the facilities allocated to each of the capital zones of assessment will not be an undue burden upon the property of each such zone.

Section 9. Upon this resolution taking effect, the Clerk of the County Legislature shall file an application in the office of the State Department of Audit and Control in Albany, New York, for permission to establish the Sewer District in accordance with the provisions of Section 258 of Article 5A of the County Law. Such application shall be executed and verified by the County Executive and the Presiding Officer of the County Legislature and shall be in such form and contain such information as may be prescribed by the State Comptroller.

Section 10. (A) The real property taxes for the properties represented by the tax item number and/or Suffolk County Tax Map number, for the year or years specified, shall be readjusted or refunded (to the extent taxes have been paid), in full or in part, in the amount set opposite each such parcel, as authorized by the Suffolk County Tax Act and the Certificate of the Brookhaven Town Assessor (Exhibit "A" annexed hereto).

Year Item No. SCTM # Original Corrected Increase

Tax* Tax* (Decrease)

BROOKHAVEN

1990-91 87-34691 0200-242-2-1.2 $ 98,238.20 - 0 - ($ 98,238.20)

1991-92 87-34691 0200-242-2-1.2 $109,362.59 - 0 - ($109,362.59)

1992-93 87-34691 0200-242-2-1.2 $116,254.85 - 0 - ($116,254.85)

1993-94 87-34691 0200-242-2-1.2 $125,665.93 - 0 - ($125,665.93)

1994-95 87-34691 0200-242-2-1.2 $128,220.49 - 0 - ($128,220.49)

1995-96 87-34691 0200-242-2-1.2 $ - 0 - - 0 - ($ - 0 - )

* As provided and requested by Town Assessor or Receiver of Taxes

(B) The County shall charge-back to the Town of Brookhaven, for the non-County portion of the tax, for the years 1990-1991, 1991-1992, 1992-1993, 1993-1994, 1994-1995 and 1995-1996.

Section 11. Pursuant to Article 5A of the County Law, this resolution is adopted subject to permissive referendum, and in accordance with Section 101 of the County Law, the Clerk of the County Legislature is hereby directed to publish a Notice of Adoption of this resolution at least once in the official newspapers of the County, and in one newspaper which has a circulation in the Town in which the proposed district lies, within ten (10) days after the adoption hereof. Such notice shall be in substantially the following form, to-wit:

*** NOTICE OF ADOPTION ***

NOTICE IS HEREBY GIVEN that the County Legislature of the County of Suffolk, New York, duly adopted Resolution No. , dated , approving establishment of a County Sewer District subject to a permissive referendum. A true copy of the resolution is attached hereto and published herewith.

(Attach Resolution)

Dated:

Riverhead, N.Y.

Clerk

Suffolk County Legislature

Section 12. This resolution shall not take effect until at least forty-five (45) days after its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within forty-five (45) days after its adoption there is filed with the Clerk of the County Legislature a petition protesting against such law in conformity with the provisions of Section 101 of the County Law.

DATED: December 14, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: January 2, 1996

11:55 p.m. - Meeting was recessed to Monday, December 18, 1995, at 9:30 a.m.

TWENTY-SECOND DAY

REGULAR MEETING

December 18, 1995

Minutes of the Regular Meeting of the County Legislature of Suffolk County, New York, held in the William H. Rogers Legislative Building, Hauppauge, New York, at 9:00 a.m., pursuant to notice duly given.

The meeting was called to order at 9:53 a.m. by Presiding Officer Blydenburgh. The Clerk called the roll and the following were found present: Legislators Blass, Guldi, Davis, Caracappa, Locorriere, Foley, Levy, Finlay, Carpenter, Bishop, Postal, Hackeling, Rizzo, and Blydenburgh. Legislators *Bredes, *D'Andre, *Binder, and *Tonna being absent.

Pledge of Allegiance followed by a moment of silence for County Attorney Bob Cimino's father, who passed away.

Presiding Officer Blydenburgh stated, "This is a continuation of last Thursday's meeting. At that point, it was a few minutes before midnight and we decided to recess the balance of the meeting until 9:30 this morning."

* - Legislators Bredes, D'Andre, Binder, and Tonna arrived later.

Mr. Blydenburgh offered the following resolution, seconded by Mrs. Postal and duly adopted with the following recorded vote: 14 Legislators in favor; 1 opposed, Mr. Levy; 3 abstentions, Mr. Guldi, Mr. Bishop, and Mr. Hackeling.

Intro. Res. No. 2317-95 Laid on Table 11/28/95

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

RESOLUTION NO. 1147 - 1995, AUTHORIZING THE COUNTY COMPTROLLER TO TRANSFER FUNDS TO COVER UNANTICIPATED EXPENSES IN THE 1995 OPERATING BUDGET

WHEREAS, several Departments require additional funds to cover unanticipated expenses in various lines of appropriation within the 1995 Operating Budget; and

WHEREAS, the reasons for said shortages are stated in the "Notes" section of Schedule A, attached hereto; and

WHEREAS, said shortages are net of any transfers of funds within a department which are approved by the County Executive pursuant to Section A4-11 of the Suffolk County Administrative Code; and

WHEREAS, said shortages are net of any changes to appropriations authorized pursuant to Res. No. 1099-95; and

WHEREAS, said shortages in the mandated portion of the Budget will be covered by surpluses in mandated appropriations as detailed in Schedule A, attached hereto; and

WHEREAS, shortages in the discretionary portion of the Budget will be covered by surpluses in discretionary appropriations as detailed in Schedule A, attached hereto; now, therefore, be it

RESOLVED, that the County Comptroller is hereby authorized and empowered to take only such actions as effectuate the release of funds set forth in Schedule A; and be it further

RESOLVED, that the County Comptroller and the County Treasurer be and they hereby are authorized to add and credit revenue code 99-1110 - State Administrative Sales and Use Tax to the Sales Tax Reserve fund after the amount of $518,285,640 is realized in revenue code 01-1110 - State Administrative Sales and Use Tax in the General Fund 1995 Operating Budget; and be it further

RESOLVED, that the County Comptroller and the County Treasurer are hereby authorized, empowered and directed to effectuate the interfund transfers from Fund 99 (Account 99-9510-Transfer to the General Fund) identified in the 1996 Adopted Operating Budget to the General Fund in 1996, up to the amounts adopted in the 1996 Operating Budget and to the extent that sufficient revenues are available in Fund 99 for this purpose.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2181-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1148 - 1995, ACCEPTING AND APPROPRIATING ADDITIONAL 100% STATE AID FROM THE NEW YORK STATE OFFICE OF MENTAL HYGIENE TO THE DEPARTMENT OF HEALTH SERVICES, DIVISION OF COMMUNITY MENTAL HEALTH SERVICES AND AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE CONTRACTS

WHEREAS, the New York State Department of Mental Hygiene has awarded additional 100% grant funds to the Suffolk County Department of Health Services, Division of Community Mental Health Services for case management and to expand Special Employment services for individuals recovering from severe illnesses; and

WHEREAS, these additional grant funds of $31,716 are not included in the 1995 Adopted County Budget; now, therefore, be it

RESOLVED, that this grant be and it hereby is accepted and appropriated as follows:

REVENUES:

01-3493 State Aid: CSS & 100% State Grants 31,716

APPROPRIATIONS:

Department of Health Services

Division of Community Mental Health Services

State Supported Programs*

01-4330

Before After Change

490-Contracted Services 12,057,825 12,089,541 + 31,716

498-Contracted Agencies 12,057,825 12,089,541 + 31,716

Catholic Charities-Case Mgmt -0- 15,000 + 15,000

Clubhouse-Special Employment 87,084 97,775 + 10,691

Maryhaven-Special Employment 282,547 288,572 + 6,025

and be it further

RESOLVED, that the County Executive be and he hereby is authorized to execute contracts with the above agencies.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2194-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1149 - 1995, ACCEPTING AND APPROPRIATING ADDITIONAL STATE FUNDING FROM THE NEW YORK STATE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES TO THE DEPARTMENT OF HEALTH SERVICES, DIVISION OF COMMUNITY MENTAL HEALTH SERVICES TO SUPPORT MARYHAVEN PROGRAMS IN 1995.

WHEREAS, the New York State Office of Mental Retardation and Developmental Disabilities has awarded additional state funds of $93,267 to the Suffolk County Department of Health Services, Division of Community Mental Health Services to support Maryhaven programs in 1995; and

WHEREAS, the agency will contribute an equal amount towards this program; and

WHEREAS, the State grant funds and the agencies contributions are not included in the Adopted 1995 County budget; now, therefore, be it

RESOLVED, this grant be and it hereby is accepted and appropriated along with the agency contributions as follows:

REVENUES:

01-3490-State Aid: Mental Health $93,267

01-1625-Mental Health Contributions from Private Agencies $93,267

APPROPRIATIONS:

Department of Health Services

Division of Community Mental Health Services

01-4320

Before After Change

490-Contracted Services 8,608,953 8,795,487 +186,534

498-Contracted Agencies 8,608,953 8,795,487 +186,534

Maryhaven (21.8%) 312,155 498,689 +186,534

and be it further

RESOLVED, that the County Executive be and he hereby is authorized to execute a revised contract with Maryhaven covering the terms and conditions of this additional grant.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2198-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1150 - 1995, ACCEPTING AND APPROPRIATING STATE GRANT FUNDS FROM THE NEW YORK STATE DEPARTMENT OF HEALTH TO THE SUFFOLK COUNTY OFFICE FOR WOMEN TO PROVIDE SUPPORT FOR THE BREAST CANCER PROGRAM

WHEREAS, the New York State Department of Health has awarded grant funds in the amount of $65,000 to the Suffolk County Office for Women to provide support for the breast cancer mammography and screening program for the period July 1, 1995 to June 30, 1996; and

WHEREAS, the Office of Women's Services is the lead agency responsible for the implementation of the Breast Health grants under the general guidelines of the Suffolk County Breast Cancer Partnership; and

WHEREAS, these funds will be used to offset costs directly associated with providing the necessary testing, education and services for early detection and prevention efforts to women within the county; now, therefore, be it

RESOLVED, that this grant in the amount of $65,000 be and is hereby accepted and appropriated as follows:

REVENUES: AMOUNT

01-3401 State Aid: Public Health $65,000

County Executive

Division of Human Services

Women's Services

01-8053

300-Supplies, Materials & Other $12,640

301-Office Supplies 3,440

302-Postage 1,200

304-Outside Printing 7,000

310-Instructional Supplies 1,000

430-Travel 500

433-Travel, Employee Contracts 500

450-Fees for Services 51,860

456-Fees for Services, Non-Employees 51,860

and be it further

RESOLVED, that the County Executive be and hereby is authorized to execute such contracts, agreements or other documents necessary to effectuate Suffolk County's participation in the aforementioned grant.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Guldi offered the following resolution, seconded by Mr. Davis and duly adopted with the following recorded vote: 11 Legislators in favor; 7 opposed, Mr. D'Andre, Mr. Bishop, Mr. Binder, Mr. Tonna, Mr. Hackeling, Mr. Rizzo, and Mr. Blydenburgh.

Intro. Res. No. 2003-95  Laid on Table 8/29/95

Introduced by Legislators Guldi, Davis, Levy

RESOLUTION NO. 1151 - 1995, ADOPTING LOCAL LAW NO.   -1995, A LOCAL LAW TO REGULATE COMPOSTING WITHIN SUFFOLK COUNTY

WHEREAS, there was duly presented and introduced to this County Legislature at a regular meeting held on 1995, a proposed local law entitled, "A LOCAL LAW TO REGULATE COMPOSTING WITHIN SUFFOLK COUNTY", 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. - 1995, SUFFOLK COUNTY, NEW YORK

A LOCAL LAW TO REGULATE COMPOSTING WITHIN SUFFOLK COUNTY

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 the proliferation of individual composting centers in Suffolk County, consisting of fifteen (15) compost facility sites and four (4) waste-to-energy facilities, has created public nuisances in a variety of residential communities.

This Legislature further finds and determines that Article 10 of the SUFFOLK COUNTY SANITARY CODE provides a solid regulatory framework within which enforcement of high quality air standards can be promoted and effectively carried out through a coordinated comprehensive County scheme of oversight and commitment of adequate resources.

Therefore, the purpose of this law is to protect the public health, safety, and general welfare of the residents of the County and to enhance and protect the environment by providing for the comprehensive regulation of composting programs within Suffolk County in a manner that is consistent with Article 10 of the SUFFOLK COUNTY SANITARY CODE.

Section 2. Amendment.

The SUFFOLK COUNTY CODE is hereby amended by the addition of a new Chapter 500, to read as follows:

CHAPTER 500. REGIONAL COMPOSTING PROGRAM.

Section 500-1. Definitions.

For the purpose of this law, the following definitions shall apply:

A.)    "Commissioner" shall mean the Commissioner of the County Department of Health Services.

B.)    "Department" shall mean the County Department of Health Services.

C.)    "Director" shall mean the head of the Suffolk County Division of Environmental Quality.

D.)    "Person" shall mean individuals; natural persons; municipal corporations; partnerships; joint ventures; societies; associations; clubs; corporations; unincorporated groups of any members; officer, directors or stockholders or any kind of personal representative thereof, in any capacity, acting for himself or for any other person, under either personal appointment or pursuant to law. The term "person" shall not be deemed to include shareholders, agents, or representatives of corporations traded on the over-the-counter stock market or traded on recognized national/regional stock exchanges, wherein said corporations' stock is publicly held, or corporations not so traded but which employ more than twenty-five (25) employees. "Person" shall not include the employees of any of the above-described legal entities.

Section 500-2. Composting Prohibition.

No person shall operate or manage a composting facility within the County of Suffolk, on or after the effective date of this law, unless it is authorized by the Department as being in full compliance with the pertinent provisions of Article 10 of the SUFFOLK COUNTY SANITARY CODE.

Section 500-3. Permits.

A.)        Any person who engages in the business of composting in Suffolk County shall obtain a permit from the Department.

B.)       The Commissioner shall issue permits to persons engaging in composting provided they produce written evidence that they are located within the County of Suffolk and are in full compliance with Article 10 of the SUFFOLK COUNTY SANITARY CODE.

C.)       The Director shall establish the procedure, requirements, forms, and rates for composting permits. The rates shall be reviewed by the County Legislature annually and shall be subject to County Legislative approval or ratification for initial establishment and subsequent modification.

D.)       The Department shall record and maintain records on composting permits for three (3) years. The record shall provide the following information:

1.)     name;

2.)     identification number;

3.)     composter's activities; and

4.)     volume of materials composted.

E.) The records on composting permits shall be reviewed by the County Legislature annually.

F.)       No permit issued by the Department shall be assigned or transferred without prior written consent of the Commissioner.

Section 500-4. Licensing Requirements.

A.)        No person shall own, operate, or manage a composting facility within the County of Suffolk without first obtaining a license therefor from the Department in accordance with the provisions of this law.

B.)        Application for license; qualifications; issuance of license:

1.)        All applications for licenses shall be submitted in writing on forms furnished by the Department and shall be accompanied by a non-refundable application fee in the amount of Six Hundred ($600.00) Dollars per year or any part thereof.

2.)        The license application shall be filed by the actual operator of a composting facility and shall be signed under oath. Where a corporation is an applicant or a participant in an application, the application shall be signed under oath by an officer of such corporation.

3.)        All applications shall include the residence, address, and telephone number of the individual who subscribes his or her name to the application.

4.)        The Department may require the names and residence addresses of any employees or officers of the applicant, in addition to any other information which he or she may deem advisable and proper.

5.)        An individual applicant must be at least eighteen (18) years of age, and shall have not been convicted within the three (3) years prior to the date of application of a crime involving unfair trade practices, extortion, coercion, bribery, theft, fraud, violence (specifically relating to business, labor, or commerce), sabotage, collusion, restraint of trade, conspiracy, and/or attempts of any said offenses.

6.)        The Department shall investigate such applicant as to good character before he or she shall issue the applicant a license.

7.)        Applicants shall meet the requirements prescribed by this law and any other rules or regulations promulgated hereunder by the Department .

8.)        The Department shall issue a license to each applicant who has submitted satisfactory evidence of his or her qualifications and who has complied with all of the requirements of this law.

C.)      License term, renewal, and conditions:

1.)        All licenses shall be issued for a period of two (2) years from the date of issuance thereof and shall expire on the last day of the twenty-fourth (24th) month following such issuance.

2.)        No license issued hereunder shall be assign able or transferable except as hereinafter provided:

            A license to conduct the business of composting issued to an individual may be assigned or transferred to a partnership or corporation for the remainder of the license period if such individual is a member of such partnership or an officer of such corporation at the time of such assignment of transfer. A license issued to a partnership may be as signed or transferred to an individual for the remainder of the license period to any one (1) member of such partnership, provided he or she obtains the consent of all of the other members of such partner ship. A license issued to a corporation may be assigned or transferred to an individual for the remainder of the license period to any officer of the corporation, provided he or she obtains the consent of all of the other officers of such corporation. The application for such transferor assignment shall be accompanied by the requirements of subdivision (B) of Section 500-4 of this chapter and by proof satisfactory to the Department that the requirements herein provided have been complied with. No assignment or transfer shall be come effective unless and until the endorsement has been made on the face of the license by the Department and such license, so endorsed, has been returned to the assignee or transferee. All such endorsements shall be made without payment of any fee.

3.)        An application for renewal of a composting license shall be made on a form provided by the Department, accompanied by the required fee. Said application shall be filed with the Department not less than thirty (30) days prior to the expiration of the existing license. Failure to file an application as above shall require the applicant to submit an application as if it were an original application. An application shall be filed with the Department following revocation of a license. A license shall expire upon a change of owner or operator, on the date stipulated by the Department, upon revocation, upon death of the license-holder, upon abandonment of the facility or property, or upon surrender to the Department.

4.)        Each licensee shall, within ten (10) business days prior to a change of address or business name, notify the Department in writing of such change.

5.)        No licensee shall authorize or permit the use of his or her license by or on behalf of any other person.

6.)        Each licensee shall, within seven (7) business days after a change of address or business name, notify the Department in writing of such change.

D.)      Fines; suspension; or revocation of licenses:

1.)       The Department shall have the power to impose a civil fine, not to exceed One Thousand ($1,000.00) Dollars upon a licensee or to suspend or revoke a license or to deny an application for the renewal of a license for any one (1) or more of the following causes:

(a)        fraud, deceit, misrepresentation, or bribery in securing a license;

(b)   the making of any false statement in an application for a license;

(c)        operation of a composting facility without obtaining a license therefor or, having had a valid license which has been suspended or revoked, continued operation of such composting facility under a suspended or revoked license; and

(d)        violation of any other provision of this law or any rule or regulation promulgated here- under.

2.)       No license shall be suspended or revoked nor a fine imposed until after a hearing has been conducted, pursuant to Article 2 of the SUFFOLK COUNTY SANITARY CODE, by the Department.

E.)  Requirements and Restrictions.

Any person holding a license under this law shall comply with the following:

1.)        Any composting facility and any of its records required to be maintained by any municipality pursuant to any rules or regulations adopted hereunder shall be open to inspection at any time by the Department or its duly authorized agents at any reasonable time, including, but not limited to, normal business hours. A periodic, unannounced inspection of said facilities by a professional shall be made to check on any violations of this law or any regulations issued pursuant to this law with a written report of said inspection to be sent to the governing agency.

2.)        Any structure or structures of a composting facility shall meet the standards promulgated by the Department for the protection of air, land, water, and groundwater of Suffolk County.

3.)     Buildings and ground at any composting facility shall be kept clean, in good repair, and free of trash and debris.

4.)       Records shall be kept by the composting facility, for at least a seven (7)-year period, of the source from which any composting material was obtained and the eventual disposition of the composting material.

5.) Article 10 of the SUFFOLK COUNTY SANITARY CODE.

Section 500-5 Prohibited Activities.

A.)        No person shall engage in any composting practice within the County of Suffolk that is prohibited by Article 10 of the SUFFOLK COUNTY SANITARY CODE.

Section 500-6. Rules and Regulations.

The Department shall issue, promulgate, and adopt such rules and regulations as it shall deem necessary and sufficient to carry out and implement the purposes of this law.

Section 500-7. Transition Provisions.

The initial licenses required by Section 500-4 of this Chapter and the initial permits required by Section 500-3 of this Chapter shall be applied for within ninety (90) days subsequent to the effective date of this law.

Section 500-8. Reverse Preemption.

This law shall be null and void on the day that statewide or nationwide legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this law, or in the event that a pertinent state or federal administrative agency is sues and promulgates regulations preempting such action by the County of Suffolk. The County Legislature may determine, via mere resolution, whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions of this section.

Section 500-9. Record-keeping.

All records required by the Department shall be filed with the Director from time to time as required by the Commissioner.

Section 500-10. Penalties.

A.)   Any intentional violation of Sections 500-2, 500-3(A), 500-4 (A) and (E), or 500-5 of this law shall constitute a Class A misdemeanor punishable by a fine of up to One Thousand Dollars ($1,000.00) and/or a term of imprisonment of up to one (1) year in jail.

B.)        Any violation of any provision of Sections 500-2, or 500-3(A), 500-4(A) and (E), 500-5 of this law, or of any rule or regulation promulgated hereunder shall also be punishable, upon proof thereof, by the payment of a civil penalty in the sum of not more than One Thousand ($1,000.00) Dollars for each such violation, to be recovered in a civil action. Each day that the violation continues shall be deemed a separate violation.

C.)        Whenever any person has engaged in any acts or practices which constitute repeated or persistent violations of Sections 500-2, or 500-3(A), 500-4(A) and (E), 500-5 of this law, or any rule or regulation promulgated hereunder, the County Attorney, upon the request of the Commissioner, may commence an action in the name of the County for a restraining order, temporary or permanent injunction, or other equitable relief.

D.) The Commissioner may order the owner or lessee of the equipment or his agent to conduct such tests, provide samples, or records as necessary, in the opinion of the Commissioner, to determine whether the equipment is in violation of this code and to submit the test results to the Department within ten (10) days after the tests are completed, all in accordance with Section 760-1004 of the SUFFOLK COUNTY SANITARY CODE. Such tests shall be performed at the cost and expense of the owner or lessee. If such tests must be performed by the County of Suffolk, then the cost and expense of such tests shall be borne by the owner or lessee.

Section 500-11. Disposition of Fines and Fees.

All moneys received by the Department pursuant to the provisions of this law shall be remitted to the County Treasurer for deposit in the general fund of the County within thirty (30) days after receipt.

Section 500-12. Exemptions.

This Chapter shall not apply to residential yard waste composting or agricultural composting that takes place on the same site on which the materials to be composted are originally generated,

Section 3. Funding.

The County of Suffolk shall authorize funding for equipment and personnel in an amount initially deemed adequate by the Commissioner, for full implementation of this law through fines, penalties, appropriations, fees, and/or charges.

Section 4. Applicability.

A.) This law shall apply to all activities occurring on or after the effective date of this law only if funding for implementation and enforcement of this law, in an amount initially deemed adequate by the Commissioner, has been provided by authorization of appropriations, fines, penalties, fees, and/or charges.

B.) Existing composting facilities shall be afforded one hundred eighty (180) days subsequent to the effective date of this law to fully comply with the provisions of this law, except where a different compliance date is provided.

Section 5. 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 judgment or order shall be rendered.

Section 6. SEQRA Determination.

This Legislature, being the State Environmental Quality Review Act (SEQRA), hereby finds and determines that this law constitutes an unlisted action pursuant to Section 617.2 of the NEW YORK CODE OF RULES AND REGULATIONS (NYCRR) and will not have a significant adverse impact on the environment within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW for the following reasons:

1.)        enactment of this law will not exceed any of the criteria in Section 617.11 of Title 6 NYCRR which sets forth thresholds for determining significant effects on the environment.

2.)        it will lessen the effects on the environment of residential communities in close proximity to individual composting sites by providing a regional site for materials to be composted.

3.)        it will promote studies, monitoring, and evaluation regulating or affecting the composting of materials within the County of Suffolk.

4.)        it will promote the reduction of environmental hazards and toxicity associated with the individual composting of such materials; and

5.)       it will help clean up the environment and provide enhanced protection of groundwater quality;

6.)        it will eventually lessen the need for the stockpiling of materials throughout Suffolk County.

Furthermore, in accordance with Section 1-4(A)(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, The Suffolk County Council on Environmental Quality (CEQ) is hereby directed to prepare and circulate a SEQRA notice of determination in accordance with this law.

Section 6. Effective Date.

This law shall take effect immediately upon filing in the office of the Secretary of State.

DATED: December 18, 1995

DISAPPROVED BY COUNTY EXECUTIVE January 17, 1996

On January 17, 1996 the County Executive filed the following message of disapproval:

I am returning Resolution No. 1151-95 vetoed. This proposed local law is duplicative of existing regulatory schemes and suffers from numerous legal infirmities.

The proposed law imposes requirements for composting facilities and their owners, operators and managers. The law is unclear as to whether its requirements are intended to duplicate existing requirements or impose new ones. The Suffolk County Sanitary Code already requires that a person obtain a permit to construct, install or modify a composting facility which constitutes an air pollution source; in addition, one must obtain a certificate to operate a compost facility. S.C. San. Code Sec. 760-1006. The proposed law requires that a person, "who engages in the business of composting," obtain a permit from the Department of Health Services (hereinafter "D.H.S."). It is not certain whether the "permit" required by the new law is the same as the permit and/or certificate which are already required. Moreover, the proposed law would add a licensing requirement for persons who own, operate or manage a composting facility. The law does not address the relationship of this licensing scheme to the existing regulatory framework.

Among the proposals numerous defects there is a lack of sufficient funding to adequately establish the infrastructure (laboratory equipment and trained personnel) to properly implement the requirements, goals and objectives this law seeks to fulfill. In addition, a dangerous precedent is being established by advancing a County program that seeks to regulate an activity not within its purview. Historically, this responsibility has always rested with the New York State Department of Environmental Conservation (NYSDEC) and the town or village where the facility is located.

NYSDEC has been consistent in their opposition to this law, on the basis that composting, as a component of solid waste management on Long Island, has always been a state and town responsibility. These roles have been established historically through various state laws and regulations.

Public officials must give careful consideration to the fiscal requirements and subsequent programmatic impacts of all new laws and regulations. The creation or expansion of governmental bureaucracy must be viewed with a suspect eye regardless of the financial times. However, a governmental authority should not seek to establish an office of a duplicative nature during a period of financial restraint. Instead, it is incumbent upon local officials to ensure that our residents and businesses receive appropriate services from the level of government responsible for enforcement. Poor performance can not be rewarded. The State is responsible for oversight of composting facilities and must provide appropriate services to our communities. Suffolk County should not transfer that responsibility and its financial burden to our taxpayers. Therefore, I have written to DEC Commissioner Zagata to ask that the Department review permitted compositng facilities in Suffolk County.

In light of the above, I am returning Resolution 1151-95 vetoed.

Robert J. Gaffney Suffolk County Executive

Mr. Blass 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. 2128-95                      Laid on the Table 10/18/95

Introduced by Legislator Blass

RESOLUTION NO.  1152 - 1995 ALLOCATING REVENUE- SHARING FUNDS TO TOWN OF SHELTER ISLAND FOR 1995 IN ACCORDANCE WITH THE SUFFOLK COUNTY DRINKING WATER PROTECTION PROGRAM

WHEREAS, Section 12-5(D) of the SUFFOLK COUNTY CHARTER established a Suffolk County Environmental Trust Fund (Fund 76) and provided that the pertinent one-quarter per cent (1/4%) sales tax revenues allocated to this trust fund be made available to the towns for the purposes of capping and closing municipal solid waste landfills, identifying, characterizing and remediating toxic and hazardous waste landfills, and for other purposes as provided in Section 12-5(D)(4) of the SUFFOLK COUNTY CHARTER based upon a per-capita formula subject to the availability of funds in this residuary component of the water protection program; and

WHEREAS, the Suffolk County Drinking Water Protection Program provides that the Suffolk County Legislature may transfer funds to the Suffolk County Environmental Trust Fund in an amount not exceeding forty percent (40%) in any year of the total sales and compensating use tax collected; and

WHEREAS, the revenue-sharing component of the Suffolk County Drinking Water Protection Program is residuary in nature and can only be funded from sales tax revenues available after first or higher priority claims, mandates, and guarantees of the program are provided for; and

WHEREAS, the 1995 sales tax receipts estimated to be generated for the town revenue-sharing component of the Suffolk County Drinking Water Protection Program is projected to be $7,680,781.00 of which $18,855.00 could be provided to the Town of Shelter Island for capping and closing landfills and acquiring lands in the Suffolk County Pine Barren Preserve or Suffolk County Water Protection Preserve as required by Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER if the County Legislature allocates available revenue-sharing moneys, as adjusted for prior overpayments or underpayments, if any; and

WHEREAS, pursuant to Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER, the Town of Shelter Island has submitted a plan for the closing and capping of its landfill which plan has received the approval of the County Legislature; and

WHEREAS, the Town of Shelter Island's plan details that there are no lands still extant in the Town of Shelter Island which fit the definitions of either the Suffolk County Pine Barrens Preserve or the Suffolk County Water Protection Preserve as defined in Section 12-2 of the SUFFOLK COUNTY CHARTER; and

WHEREAS, the County Legislature has not previously acquired fee title to various parcels of land in the Town of Shelter Island, with funding to be taken from the Town of Shelter Island's revenue sharing in the amount of Zero Dollars ($0.00), which amount must be retained by the County from the revenue-sharing allocation to the Town of Shelter Island, pursuant to Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER; now, therefore, be it

1st RESOLVED, that the County Legislature hereby approves, for calendar year 1995, the Plan of the Town of Shelter Island, dated May 3, 1994, as to the work proposed for the capping and closing of a municipal solid-waste landfill pursuant to Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER, and the acquisition of environmentally sensitive lands, as submitted to the Environmental Trust Fund Review Board; and be it further;

2nd RESOLVED, that funding for the Town of Shelter Island under Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER is hereby approved as follows:

1.)         for 1995: $18,855.00, reduced by $0.00, provided for the prior or future purchase of various parcels of land, under Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER, via an offset or reduction of $0.00 in actual or anticipated payments made or credited to the Town of Shelter Island for revenue sharing under said program, adjusted for prior years' over- or under-payments, for a net payment of $18,946.00;

and be it further

3rd RESOLVED, that the County Comptroller and County Treasurer be and they hereby are authorized, empowered, and directed to transfer $18,946.00 in one-quarter per cent (1/4%) sales tax revenues to effectuate the payment of these amounts to the Town of Shelter Island in the event that the Town has accounted to the County of Suffolk for 1/4% sales tax revenues previously received by the Town from the County, said payments to be made to the Town of Shelter Island in the amount of $15,000.00 on December 31, 1995, and $3,946.00 on February 29, 1996; and be it further

4th RESOLVED, that the County Comptroller and County Treasurer be and they hereby are authorized to make the following transfers:

Account

Number Title Amount

75-2860 Transfer from Water Quality Protection

Revenue Fund (Fund 76)                                 $18,946.00

75-9526 Transfer to Suffolk County Environmental

Trust Fund (Fund 76) $18,946.00

Account

      Number Title Amount

76-2861 Transfer from Suffolk County Environmental

Trust Fund (Fund 76 $18,946.00

76-8133 Payments To Town Environmental

Trust Fund                                         $18,946.00

and be it further

5th RESOLVED, that, in the event that the one quarter per cent (1/4%) sales tax revenues projected at $36,486,800.00 for 1995 materialize in an amount that is either less or more than said projected figure, then the final installment payment authorized by this Resolution shall be adjusted accordingly so as to ensure that no appropriations are made or paid in excess of actual sales tax revenues received during 1995; and be it further

6th RESOLVED, that all such transfers and payments as shall be made pursuant to this Resolution shall be consistent with the provisions of Resolution No. 1033-1989 and with the provisions of Section 12-6 of the SUFFOLK COUNTY CHARTER.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2129-95                      Laid on the Table 10/18/95

Introduced by Legislator Davis

RESOLUTION NO. 1153  -1995 ALLOCATING REVENUE- SHARING FUNDS TO TOWN OF BROOKHAVEN FOR 1995 IN ACCORDANCE WITH THE SUFFOLK COUNTY DRINKING WATER PROTECTION PROGRAM

WHEREAS, Section 12-5(D) of the SUFFOLK COUNTY CHARTER established a Suffolk County Environmental Trust Fund (Fund 76) and provided that the pertinent one-quarter per cent (1/4%) sales tax revenues allocated to this trust fund be made available to the towns for the purposes of capping and closing municipal solid waste landfills, identifying, characterizing and remediating toxic and hazardous waste landfills, and for other purposes as provided in Section 12-5(D)(4) of the SUFFOLK COUNTY CHARTER based upon a per-capita formula subject to the availability of funds in this residuary component of the water protection program; and

WHEREAS, the Suffolk County Drinking Water Protection Program provides that the Suffolk County Legislature may transfer funds to the Suffolk County Environmental Trust Fund in an amount not exceeding forty percent (40%) in any year of the total sales and compensating use tax collected; and

WHEREAS, the revenue-sharing component of the Suffolk County Drinking Water Protection Program is residuary in nature and can only be funded from sales tax revenues available after first or higher priority claims, mandates, and guarantees of the program are provided for; and

WHEREAS, the 1995 sales tax receipts estimated to be generated for the town revenue-sharing component of the Suffolk County Drinking Water Protection Program is projected to be $7,680,781.00 of which $2,312,603.00 could be provided to the Town of Brookhaven for capping and closing landfills and acquiring lands in the Suffolk County Pine Barren Preserve or Suffolk County Water Protection Preserve as required by Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER if the County Legislature allocates available revenue-sharing moneys, as adjusted for prior overpayments or underpayments, if any; and

WHEREAS, pursuant to Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER, the Town of Brookhaven has submitted a plan for the closing and capping of its landfill which plan has received the approval of the County Legislature; and

WHEREAS, the Town of Brookhaven's plan details that there are lands still extant in the Town of Brookhaven which fit the definitions of either the Suffolk County Pine Barrens Preserve or the Suffolk County Water Protection Preserve as defined in Section 12-2 of the SUFFOLK COUNTY CHARTER; and

WHEREAS, the County Legislature has previously acquired fee title to various parcels of land in the Town of Brookhaven, with funding to be taken from the Town of Brookhaven's revenue sharing in the amount of One Million, Seven Hundred Thirty-four Thousand, Four Hundred Fifty-two Dollars ($1,734,452.00), which amount must be retained by the County from the revenue-sharing allocation to the Town of Brookhaven, pursuant to Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER; now, therefore, be it

1st RESOLVED, that the County Legislature hereby approves, for calendar year 1995, the Plan of the Town of Brookhaven, dated April 29, 1994, as to the work proposed for the capping and closing of a municipal solid-waste landfill pursuant to Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER, and the acquisition of environmentally sensitive lands, as submitted to the Environmental Trust Fund Review Board; and be it further;

2nd RESOLVED, that funding for the Town of Brookhaven under Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER is hereby approved as follows:

1.)         for 1995: $2,312,603,000.00, reduced by $1,734,452.00, provided for the prior or future purchase of various parcels of land, under Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER, via an offset or reduction of $1,734,452.00 in actual or anticipated payments made or credited to the Town of Brookhaven for revenue sharing under said program, adjusted for prior years' over- or under-payments, for a net payment of $581,660.00;

and be it further

3rd RESOLVED, that the County Comptroller and County Treasurer be and they hereby are authorized, empowered, and directed to transfer $581,660.00 in one-quarter per cent (1/4%) sales tax revenues to effectuate the payment of these amounts to the Town of Brookhaven in the event that the Town has accounted to the County of Suffolk for 1/4% sales tax revenues previously received by the Town from the County, said payments to be made to the Town of Brookhaven in the amount of $500,000.00 on December 31, 1995, and $81,660.00 on February 29, 1996; and be it further

4th RESOLVED, that the County Comptroller and County Treasurer be and they hereby are authorized to make the following transfers:

Account

Number Title Amount

75-2860 Transfer from Water Quality Protection

Revenue Fund (Fund 76)                                 $581,660.00

75-9526 Transfer to Suffolk County Environmental

Trust Fund (Fund 76) $581,660.00

Account

      Number Title Amount

76-2861 Transfer from Suffolk County Environmental

Trust Fund (Fund 76 $581,660.00

76-8133 Payments To Town Environmental

Trust Fund                                         $581,660.00

and be it further

5th RESOLVED, that, in the event that the one quarter per cent (1/4%) sales tax revenues projected at $36,485,800.00 for 1995 materialize in an amount that is either less or more than said projected figure, then the final installment payment authorized by this Resolution shall be adjusted accordingly so as to ensure that no appropriations are made or paid in excess of actual sales tax revenues received during 1995; and be it further

6th RESOLVED, that all such transfers and payments as shall be made pursuant to this Resolution shall be consistent with the provisions of Resolution No. 1033-1989 and with the provisions of Section 12-6 of the SUFFOLK COUNTY CHARTER.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2131-95                      Laid on the Table 10/18/95

Introduced by Legislator Blass

RESOLUTION NO.  1154 -1995 ALLOCATING REVENUE- SHARING FUNDS TO TOWN OF SOUTHOLD FOR 1995 IN ACCORDANCE WITH THE SUFFOLK COUNTY DRINKING WATER PROTECTION PROGRAM

WHEREAS, Section 12-5(D) of the SUFFOLK COUNTY CHARTER established a Suffolk County Environmental Trust Fund (Fund 76) and provided that the pertinent one-quarter per cent (1/4%) sales tax revenues allocated to this trust fund be made available to the towns for the purposes of capping and closing municipal solid waste landfills, identifying, characterizing and remediating toxic and hazardous waste landfills, and for other purposes as provided in Section 12-5(D)(4) of the SUFFOLK COUNTY CHARTER based upon a per-capita formula subject to the availability of funds in this residuary component of the water protection program; and

WHEREAS, the Suffolk County Drinking Water Protection Program provides that the Suffolk County Legislature may transfer funds to the Suffolk County Environmental Trust Fund in an amount not exceeding forty percent (40%) in any year of the total sales and compensating use tax collected; and

WHEREAS, the revenue-sharing component of the Suffolk County Drinking Water Protection Program is residuary in nature and can only be funded from sales tax revenues available after first or higher priority claims, mandates, and guarantees of the program are provided for; and

WHEREAS, the 1995 sales tax receipts estimated to be generated for the town revenue-sharing component of the Suffolk County Drinking Water Protection Program is projected to be $7,680,781.00 of which $167,767.00 could be provided to the Town of Southold for capping and closing landfills and acquiring lands in the Suffolk County Pine Barren Preserve or Suffolk County Water Protection Preserve as required by Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER if the County Legislature allocates available revenue-sharing moneys, as adjusted for prior overpayments or underpayments, if any; and

WHEREAS, pursuant to Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER, the Town of Southold has submitted a plan for the closing and capping of its landfill which plan has received the approval of the County Legislature; and

WHEREAS, the Town of Southold's plan details that there are lands still extant in the Town of Southold which fit the definitions of either the Suffolk County Pine Barrens Preserve or the Suffolk County Water Protection Preserve as defined in Section 12-2 of the SUFFOLK COUNTY CHARTER; and

WHEREAS, the County Legislature has previously acquired fee title to various parcels of land in the Town of Southold, with funding to be taken from the Town of Southold's revenue sharing in the amount of One Hundred Twenty-five Thousand, Eight Hundred Twenty-five Dollars ($125,825.00), which amount must be retained by the County from the revenue-sharing allocation to the Town of Southold, pursuant to Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER; now, therefore, be it

1st RESOLVED, that the County Legislature hereby approves, for calendar year 1995, the Plan of the Town of Southold, dated May 4, 1994, as to the work proposed for the capping and closing of a municipal solid-waste landfill pursuant to Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER, and the acquisition of environmentally sensitive lands, as submitted to the Environmental Trust Fund Review Board; and be it further;

2nd RESOLVED, that funding for the Town of Southold under Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER is hereby approved as follows:

1.)         for 1995: $167,767.00, reduced by $125,825.00, provided for the prior or future purchase of various parcels of land, under Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER, via an offset or reduction of $125,825.00 in actual or anticipated payments made or credited to the Town of Southold for revenue sharing under said program, adjusted for prior years' over- or under-payments, for a net payment of $42,246.00;

and be it further

3rd RESOLVED, that the County Comptroller and County Treasurer be and they hereby are authorized, empowered, and directed to transfer $42,246.00 in one-quarter per cent (1/4%) sales tax revenues to effectuate the payment of these amounts to the Town of Southold in the event that the Town has accounted to the County of Suffolk for 1/4% sales tax revenues previously received by the Town from the County, said payments to be made to the Town of Southold in the amount of $35,000.00 on December 31, 1995, and $7,246.00 on February 29, 1996; and be it further

4th RESOLVED, that the County Comptroller and County Treasurer be and they hereby are authorized to make the following transfers:

Account

Number Title Amount

75-2860 Transfer from Water Quality Protection

Revenue Fund (Fund 76)                                 $42,246.00

75-9526 Transfer to Suffolk County Environmental

Trust Fund (Fund 76) $42,246.00

Account

      Number Title Amount

76-2861 Transfer from Suffolk County Environmental

Trust Fund (Fund 76 $42,246.00

76-8133 Payments To Town Environmental

Trust Fund                                         $42,246.00

and be it further

5th RESOLVED, that, in the event that the one quarter per cent (1/4%) sales tax revenues projected at $36,485,800.00 for 1995 materialize in an amount that is either less or more than said projected figure, then the final installment payment authorized by this Resolution shall be adjusted accordingly so as to ensure that no appropriations are made or paid in excess of actual sales tax revenues received during 1995; and be it further

6th RESOLVED, that all such transfers and payments as shall be made pursuant to this Resolution shall be consistent with the provisions of Resolution No. 1033-1989 and with the provisions of Section 12-6 of the SUFFOLK COUNTY CHARTER.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2132-95                     Laid on the Table 10/18/95

Introduced by Legislator Blass

RESOLUTION NO. 1155  -1995 ALLOCATING REVENUE- SHARING FUNDS TO TOWN OF RIVERHEAD FOR 1995 IN ACCORDANCE WITH THE SUFFOLK COUNTY DRINKING WATER PROTECTION PROGRAM

WHEREAS, Section 12-5(D) of the SUFFOLK COUNTY CHARTER established a Suffolk County Environmental Trust Fund (Fund 76) and provided that the pertinent one-quarter per cent (1/4%) sales tax revenues allocated to this trust fund be made available to the towns for the purposes of capping and closing municipal solid waste landfills, identifying, characterizing and remediating toxic and hazardous waste landfills, and for other purposes as provided in Section 12-5(D)(4) of the SUFFOLK COUNTY CHARTER based upon a per-capita formula subject to the availability of funds in this residuary component of the water protection program; and

WHEREAS, the Suffolk County Drinking Water Protection Program provides that the Suffolk County Legislature may transfer funds to the Suffolk County Environmental Trust Fund in an amount not exceeding forty percent (40%) in any year of the total sales and compensating use tax collected; and

WHEREAS, the revenue-sharing component of the Suffolk County Drinking Water Protection Program is residuary in nature and can only be funded from sales tax revenues available after first or higher priority claims, mandates, and guarantees of the program are provided for; and

WHEREAS, the 1995 sales tax receipts estimated to be generated for the town revenue-sharing component of the Suffolk County Drinking Water Protection Program is projected to be $7,680,781.00 of which $195,490.00 could be provided to the Town of Riverhead for capping and closing landfills and acquiring lands in the Suffolk County Pine Barren Preserve or Suffolk County Water Protection Preserve as required by Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER if the County Legislature allocates available revenue-sharing moneys, as adjusted for prior overpayments or underpayments, if any; and

WHEREAS, pursuant to Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER, the Town of Riverhead has submitted a plan for the closing and capping of its landfill which plan has received the approval of the County Legislature; and

WHEREAS, the Town of Riverhead's plan details that there are lands still extant in the Town of Riverhead which fit the definitions of either the Suffolk County Pine Barrens Preserve or the Suffolk County Water Protection Preserve as defined in Section 12-2 of the SUFFOLK COUNTY CHARTER; and

WHEREAS, the County Legislature has previously acquired fee title to various parcels of land in the Town of Riverhead, funding to be taken from the Town of Riverhead's revenue sharing in the amount of One Hundred Forty-six Thousand, Six Hundred Seventeen Dollars ($146,617.00), which amount must be retained by the County from the revenue-sharing allocation to the Town of Riverhead, pursuant to Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER; now, therefore, be it

1st RESOLVED, that the County Legislature hereby approves, for calendar year 1995, the Plan of the Town of Riverhead, dated May 6, 1994, as to the work proposed for the capping and closing of a municipal solid-waste landfill pursuant to Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER, and the acquisition of environmentally sensitive lands, as submitted to the Environmental Trust Fund Review Board; and be it further;

2nd RESOLVED, that funding for the Town of Riverhead under Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER is hereby approved as follows:

1.)        for 1995: $195,490.00, reduced by $146,617.00 provided for the prior or future purchase of various parcels of land, under Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER, via an offset or reduction of $146,617.00 in actual or anticipated payments made or credited to the Town of Riverhead for revenue sharing under said program, adjusted for prior years' over- or under-payments, for a net payment of $49,387.00;

and be it further

3rd RESOLVED, that the County Comptroller and County Treasurer be and they hereby are authorized, empowered, and directed to transfer $49,387.00 in one-quarter per cent (1/4%) sales tax revenues to effectuate the payment of these amounts to the Town of Riverhead in the event that the Town has accounted to the County of Suffolk for 1/4% sales tax revenues previously received by the Town from the County, said payments to be made to the Town of Riverhead in the amount of $45,000.00 on December 31, 1995, and $4,387.00 on February 29, 1996; and be it further

4th RESOLVED, that the County Comptroller and County Treasurer be and they hereby are authorized to make the following transfers:

       Account

Number Title Amount

75-2860 Transfer from Water Quality Protection

Revenue Fund (Fund 76)                                 $49,387.00

75-9526 Transfer to Suffolk County Environmental

Trust Fund (Fund 76) $49,387.00

Account

      Number Title Amount

76-2861 Transfer from Suffolk County Environmental

Trust Fund (Fund 76 $49,387.00

76-8133 Payments To Town Environmental

Trust Fund                                         $49,387.00

and be it further

5th RESOLVED, that, in the event that the one quarter per cent (1/4%) sales tax revenues projected at $36,485,800.00 for 1995 town materialize in an amount that is either less or more than said projected figure, then the final installment payment authorized by this Resolution shall be adjusted accordingly so as to ensure that no appropriations are made or paid in excess of actual sales tax revenues received during 1995; and be it further

6th RESOLVED, that all such transfers and payments as shall be made pursuant to this Resolution shall be consistent with the provisions of Resolution No. 1033-1989 and with the provisions of Section 12-6 of the SUFFOLK COUNTY CHARTER.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2133-95                      Laid on the Table 10/18/95

Introduced by Legislators Tonna, Postal and Bishop

RESOLUTION NO. 1156-1995 ALLOCATING REVENUE- SHARING FUNDS TO TOWN OF BABYLON FOR 1995 IN ACCORDANCE WITH THE SUFFOLK COUNTY DRINKING WATER PROTECTION PROGRAM

WHEREAS, Section 12-5(D) of the SUFFOLK COUNTY CHARTER established a Suffolk County Environmental Trust Fund (Fund 76) and provided that the pertinent one-quarter per cent (1/4%) sales tax revenues allocated to this trust fund be made available to the towns for the purposes of capping and closing municipal solid waste landfills, identifying, characterizing and remediating toxic and hazardous waste landfills, and for other purposes as provided in Section 12-5(D)(4) of the SUFFOLK COUNTY CHARTER based upon a per-capita formula subject to the availability of funds in this residuary component of the water protection program; and

WHEREAS, the Suffolk County Drinking Water Protection Program provides that the Suffolk County Legislature may transfer funds to the Suffolk County Environmental Trust Fund in an amount not exceeding forty percent (40%) in any year of the total sales and compensating use tax collected; and

WHEREAS, the revenue-sharing component of the Suffolk County Drinking Water Protection Program is residuary in nature and can only be funded from sales tax revenues available after first or higher priority claims, mandates, and guarantees of the program are provided for; and

WHEREAS, the 1995 sales tax receipts estimated to be generated for the town revenue-sharing component of the Suffolk County Drinking Water Protection Program is projected to be $7,680,781.00 of which $1,125,711.00 could be provided to the Town of Babylon for capping and closing landfills and acquiring lands in the Suffolk County Pine Barren Preserve or Suffolk County Water Protection Preserve as required by Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER if the County Legislature allocates available revenue-sharing moneys, as adjusted for prior overpayments or underpayments, if any; and

WHEREAS, pursuant to Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER, the Town of Babylon has submitted a plan for the closing and capping of its landfill which plan has received the approval of the County Legislature; and

WHEREAS, the Town of Babylon 's plan details that there are no lands still extant in the Town of Babylon which fit the definitions of either the Suffolk County Pine Barrens Preserve or the Suffolk County Water Protection Preserve as defined in Section 12-2 of the SUFFOLK COUNTY CHARTER; and

WHEREAS, the County Legislature has not previously acquired fee title to various parcels of land in the Town of Babylon, with funding to be taken from the Town of Babylon's revenue sharing in the amount of Zero Dollars ($0.00), which amount must be retained by the County from the revenue-sharing allocation to the Town of Babylon, pursuant to Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER; now, therefore, be it

1st RESOLVED, that the County Legislature hereby approves, for calendar year 1995, the Plan of the Town of Babylon, dated March 30, 1995, as to the work proposed for the capping and closing of a municipal solid-waste landfill pursuant to Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER, and the acquisition of environmentally sensitive lands, as submitted to the Environmental Trust Fund Review Board; and be it further;

2nd RESOLVED, that funding for the Town of Babylon under Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER is hereby approved as follows:

1.)        for 1995: $1,125,711.00, reduced by $0.00, provided for the prior or future purchase of various parcels of land, under Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER, via an offset or reduction of $0.00 in actual or anticipated payments made or credited to the Town of Babylon for revenue sharing under said program, adjusted for prior years' over- or under-payments, for a net payment of $1,128,144.00;

and be it further

3rd RESOLVED, that the County Comptroller and County Treasurer be and they hereby are authorized, empowered, and directed to transfer $1,128,144.00 in one-quarter per cent (1/4%) sales tax revenues to effectuate the payment of these amounts to the Town of Babylon in the event that the Town has accounted to the County of Suffolk for 1/4% sales tax revenues previously received by the Town from the County, said payments to be made to the Town of Babylon in the amount of $1,000,000.00 on December 31, 1995, and $128,144.00 on February 29, 1996; and be it further

4th RESOLVED, that the County Comptroller and County Treasurer be and they hereby are authorized to make the following transfers:

       Account

Number Title Amount

75-2860 Transfer from Water Quality Protection

Revenue Fund (Fund 76)                                 $1,128,144.00

75-9526 Transfer to Suffolk County Environmental

Trust Fund (Fund 76) $1,128,144.00

Account

      Number Title Amount

76-2861 Transfer from Suffolk County Environmental

Trust Fund (Fund 76 $1,128,144.00

76-8133 Payments To Town Environmental

Trust Fund                                         $1,128,144.00

and be it further

5th RESOLVED, that, in the event that the one quarter per cent (1/4%) sales tax revenues projected at $36,485,800.00 for 1995  materialize in an amount that is either less or more than said projected figure, then the final installment payment authorized by this Resolution shall be adjusted accordingly so as to ensure that no appropriations are made or paid in excess of actual sales tax revenues received during 1995; and be it further

6th RESOLVED, that all such transfers and payments as shall be made pursuant to this Resolution shall be consistent with the provisions of Resolution No. 1033-1989 and with the provisions of Section 12-6 of the SUFFOLK COUNTY CHARTER.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2134-95                      Laid on the Table 10/18/95

Introduced by Deputy Presiding Officer Rizzo and Legislators Finlay and Carpenter

RESOLUTION NO. 1157  -1995 ALLOCATING REVENUE- SHARING FUNDS TO TOWN OF ISLIP FOR 1995 IN ACCORDANCE WITH THE SUFFOLK COUNTY DRINKING WATER PROTECTION PROGRAM

WHEREAS, Section 12-5(D) of the SUFFOLK COUNTY CHARTER established a Suffolk County Environmental Trust Fund (Fund 76) and provided that the pertinent one-quarter per cent (1/4%) sales tax revenues allocated to this trust fund be made available to the towns for the purposes of capping and closing municipal solid waste landfills, identifying, characterizing and remediating toxic and hazardous waste landfills, and for other purposes as provided in Section 12-5(D)(4) of the SUFFOLK COUNTY CHARTER based upon a per-capita formula subject to the availability of funds in this residuary component of the water protection program; and

WHEREAS, the Suffolk County Drinking Water Protection Program provides that the Suffolk County Legislature may transfer funds to the Suffolk County Environmental Trust Fund in an amount not exceeding forty percent (40%) in any year of the total sales and compensating use tax collected; and

WHEREAS, the revenue-sharing component of the Suffolk County Drinking Water Protection Program is residuary in nature and can only be funded from sales tax revenues available after first or higher priority claims, mandates, and guarantees of the program are provided for; and

WHEREAS, the 1995 sales tax receipts estimated to be generated for the town revenue-sharing component of the Suffolk County Drinking Water Protection Program is projected to be $7,680,781.00 of which $1,665,057.00 could be provided to the Town of Islip for capping and closing landfills and acquiring lands in the Suffolk County Pine Barren Preserve or Suffolk County Water Protection Preserve as required by Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER if the County Legislature allocates available revenue-sharing moneys, as adjusted for prior overpayments or underpayments, if any; and

WHEREAS, pursuant to Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER, the Town of Islip has submitted a plan for the closing and capping of its landfill which plan has received the approval of the County Legislature; and

WHEREAS, the Town of Islip's plan details that there are lands still extant in the Town of Islip which fit the definitions of either the Suffolk County Pine Barrens Preserve or the Suffolk County Water Protection Preserve as defined in Section 12-2 of the SUFFOLK COUNTY CHARTER; and

WHEREAS, the County Legislature has previously acquired fee title to various parcels of land in the Town of Islip, with funding to be taken from the Town of Islip's revenue sharing in the amount of Ninety-seven Thousand, Six Hundred Twenty-one Dollars ($97,621.00), which amount must be retained by the County from the revenue-sharing allocation to the Town of Islip, pursuant to Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER; now, therefore, be it

1st RESOLVED, that the County Legislature hereby approves, for calendar year 1995, the Plan of the Town of Islip, dated May 5, 1994, as to the work proposed for the capping and closing of a municipal solid-waste landfill pursuant to Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER, and the acquisition of environmentally sensitive lands, as submitted to the Environmental Trust Fund Review Board; and be it further;

2nd RESOLVED, that funding for the Town of Islip under Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER is hereby approved as follows:

1.)        for 1995: $1,665,057.00, reduced by $97,621.00, provided for the prior or future purchase of various parcels of land, under Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER, via an offset or reduction of $97,621.00 in actual or anticipated payments made or credited to the Town of Islip for revenue sharing under said program, adjusted for prior years' over- or under-payments, for a net payment of $1,572,707.00;

and be it further

3rd RESOLVED, that the County Comptroller and County Treasurer be and they hereby are authorized, empowered, and directed to transfer $1,572,707.00 in one-quarter per cent (1/4%) sales tax revenues to effectuate the payment of these amounts to the Town of Islip in the event that the Town has accounted to the County of Suffolk for 1/4% sales tax revenues previously received by the Town from the County, said payments to be made to the Town of Islip in the amount of $1,200,000.00 on December 31, 1995, and $372,707.00 on February 29, 1996; and be it further

4th RESOLVED, that the County Comptroller and County Treasurer be and they hereby are authorized to make the following transfers:

       Account

Number Title Amount

75-2860 Transfer from Water Quality Protection

Revenue Fund (Fund 76)                                 $1,572,707.00

75-9526 Transfer to Suffolk County Environmental

Trust Fund (Fund 76) $1,572,707.00

Account

      Number Title Amount

76-2861 Transfer from Suffolk County Environmental

Trust Fund (Fund 76 $1,572,707.00

76-8133 Payments To Town Environmental

Trust Fund                                         $1,572,707.00

and be it further

5th RESOLVED, that, in the event that the one quarter per cent (1/4%) sales tax revenues projected at $36,485,800.00 for 1995 materialize in an amount that is either less or more than said projected figure, then the final installment payment authorized by this Resolution shall be adjusted accordingly so as to ensure that no appropriations are made or paid in excess of actual sales tax revenues received during 1995; and be it further

6th RESOLVED, that all such transfers and payments as shall be made pursuant to this Resolution shall be consistent with the provisions of Resolution No. 1033-1989 and with the provisions of Section 12-6 of the SUFFOLK COUNTY CHARTER.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2137-95 Laid on the Table 10/18/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1158 - 1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED NEW CAMPGROUND PAVILION AT SOUTHAVEN COUNTY PARK, TOWN OF BROOKHAVEN (CP #7009)

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed New Campground Pavilion at Southaven County Park, Town of Brookhaven (CP #7009)", pursuant to Section 6 of Local Law No. 22-1985 which project involves the construction of a 72' x 36' campground open shelter on a poured concrete slab; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Parks, Recreation and Conservation and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Department of Parks, Recreation and Conservation; and

WHEREAS, the CEQ recommended that the above activity be considered a Type I action, pursuant to the provisions of Title 6 NYCRR, Part 617.12(b)(12); and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 3, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the proposed new campground pavilion at Southaven County Park, Town of Brookhaven, constitutes a Type I action which will not have a significant effect on the environment for the following reasons:

1.) The proposed action will not exceed any of the criteria in Section 617.11 of Title 6 NYCRR which sets forth thresholds for determining significant effect on the environment; and

2.) The facility will be erected in an already cleared area of the park;

and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk,, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination of non-significance in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2138-95 Laid on the Table 10/18/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1159-1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED RELOCATION OF THE HISTORIC OAKLEY HOUSE, TO WEST HILLS COUNTY PARK, TOWN OF HUNTINGTON

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Relocation of the Historic Oakley House, to West Hills County Park, Town of Huntington", pursuant to Section 6 of Local Law No. 22-1985 which project involves donation of the historic Oakley House to the County and relocation of the structure from private property to land within the boundaries of West Hills County Park; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Parks, Recreation and Conservation and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Director of Historic Services; and

WHEREAS, the CEQ recommended that the above activity be considered a Type I action, pursuant to the provisions of Title 6 NYCRR, Part 617.12(b)(9), since it is an unlisted action involving an historic building; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 4, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the proposed relocation of the Historic Oakley House, to West Hills County Park, Town of Huntington, constitutes a Type I action which will not have a significant effect on the environment for the following reasons:

1.) The proposed action will not exceed criteria 5 in Section 617.11 of Title 6 NYCRR since it will enhance the character and quality of the Oakley House;

2.) The action is necessary to preserve the historic building;

3.) The structure will be relocated to its approximate original historic location;

4.) Only .2 acres of vegetation will have to be removed; most of the trees of which have died due to Gypsy Moth infestations; and

5.) No significant habitats will be affected;

and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk,, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination of non-significance in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2139-95 Laid on the Table 10/18/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1160 -1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED NEW PLAYGROUND EQUIPMENT FOR WEST HILLS COUNTY PARK, TOWN OF HUNTINGTON (CP #7009)

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed New Playground Equipment for West Hills County Park, Town of Huntington", pursuant to Section 6 of Local Law No. 22-1985 which project involves the purchase and installation of playground equipment at West Hills County Park in a cleared area adjacent to the campgrounds along Red Cross Trail; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Parks, Recreation and Conservation and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Department of Parks, Recreation and Conservation; and

WHEREAS, the CEQ recommended that the above activity be considered a Type I action, pursuant to the provisions of Title 6 NYCRR, Part 617.12(b)(12); and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 3, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the proposed new playground equipment for West Hills County Park, Town of Huntington, constitutes a Type I action which will not have a significant effect on the environment for the following reasons;

1.) The proposed action will not exceed any of the criteria in Section 617.11 of Title 6 NYCRR which sets forth thresholds for determining significant effect on the environment; and

2.) The proposed facility is to be placed in an already cleared area adjacent to the campsite facility;

and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination of non-significance in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2140-95 Laid on the Table 10/18/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1161-1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED INTERSECTION IMPROVEMENTS ON CR 4, COMMACK ROAD, AT DALY ROAD, TOWN OF HUNTINGTON (CP #3301)

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Intersection Improvements on CR 4, Commack Road, at Daly Road, Town of Huntington (CP #3301)", pursuant to Section 6 of Local Law No. 22-1985 which project involves widening CR 4, Commack Road, at the intersection with Daly Road, to accommodate a second left turn lane, and double left turn from Commack Road; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Public Works and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Department of Public Works; and

WHEREAS, the CEQ recommended that the above activity be considered a Type I action, pursuant to the provisions of Title 6 NYCRR, Part 617.12(b)(9) and (12), since the project is adjacent to an important historical archaeological site within a Critical Environmental Area; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 4, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the Proposed Intersection Improvements on CR 4, Commack Road, at Daly Road, Town of Huntington (CP #3301) constitutes a Type I action which will not have a significant effect on the environment for the following reasons:

1.) The proposed action will not exceed any of the criteria in Section 617.11 of Title 6 NYCRR which sets forth thresholds for determining significant effect on the environment;

2.) No significant habitats will be affected; and

3.) The proposed project will enhance traffic safety;

and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination of non-significance in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Davis offered the following resolution, seconded by Mr. Caracappa and duly adopted with the following recorded vote: 17 Legislators in favor; 0 opposed; 1 absent, Mrs. Bredes.

Intro. Res. No. 2141-95 Laid on the Table 10/18/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1162-1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED EMERGENCY SERVICES HELIPORT LANDING PLATFORM AT SMITH POINT COUNTY PARK, TOWN OF BROOKHAVEN (CP #7162)

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Emergency Services Heliport Landing Platform at Smith Point County Park, Town of Brookhaven (CP 7162)", pursuant to Section 6 of Local Law No. 22-1985 which project involves the construction of a 40' x 45' deck with a 5' x 40' access ramp at the eastern end of Smith Point County Park to provide emergency air transport for severely injured victims; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Parks, Recreation and Conservation and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Department of Parks, Recreation and Conservation; and

WHEREAS, the CEQ recommended that the above activity be considered an unlisted action, pursuant to the provisions of Title 6 NYCRR, Part 617; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 3, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the proposed emergency services heliport landing platform at Smith Point County Park, Town of Brookhaven, constitutes an unlisted action pursuant to the provisions of NYCRR Part 617 which will not have a significant effect on the environment for the following reasons:

1.) The proposed action will not exceed any of the criteria in Section 617.11 of Title 6 NYCRR which sets forth thresholds for determining significant effect on the environment;

2.) It will be built in a non-wooded area; and

3.) The proposed facility will enhance the safety of residents using the park;

and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination of non-significance in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2142-95 Laid on the Table 10/18/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1163-1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED REPLACEMENT AND CONSTRUCTION OF SANITARY FACILITIES AT CEDAR POINT COUNTY PARK, TOWN OF EAST HAMPTON (CP #7009)

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Replacement and Construction of Sanitary Facilities at Cedar Point County Park, Town of East Hampton (CP #7009)", pursuant to Section 6 of Local Law No. 22-1985 which project involves the construction of a new sanitary facility at Cedar Point County Park to replace the existing obsolete facility; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Parks, Recreation and Conservation, and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Department of Parks, Recreation and Conservation; and

WHEREAS, the CEQ recommended that the above activity be considered an unlisted action, pursuant to the provisions of Title 6 NYCRR, Part 617; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 3, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the Proposed replacement and construction of sanitary facilities at Cedar Point County Park, Town of East Hampton, constitutes an unlisted action pursuant to the provisions of NYCRR Part 617 which will not have a significant effect on the environment for the following reasons:

1.) The proposed action will not exceed any of the criteria in Section 617.11 of Title 6 NYCRR which sets forth thresholds for determining significant effect on the environment;

2.) The new facility will be built in the same location as the old facility; and

3.) All Suffolk County Department of Health Services' requirements will be met;

and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination of non-significance in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2143-95 Laid on the Table 10/18/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1164-1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED MANAGEMENT OF THE BALD HILL SCHOOL HOUSE SITE, TOWN OF BROOKHAVEN

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Management of the Bald Hill School House Site, Town of Brookhaven", pursuant to Section 6 of Local Law No. 22-1985 which project involves entering into a management agreement with the Farmingville Historic Society to be custodians and managers of the Bald Hill School House site; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Parks, Recreation and Conservation and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Director of Historic Services; and

WHEREAS, the CEQ recommended that the above activity be considered a Type II action, pursuant to the provisions of Title 6 NYCRR, Part 617.13(d)(15), since it involves the management of an historic site by an historical society; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 4, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the proposed management of the Bald Hill School House Site, Town of Brookhaven constitutes a Type II action; and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination of non-significance in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2148-95 Laid on the Table 10/18/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1165-1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED PLANNING AND DESIGN FOR THE PROPOSED RENOVATION TO THE LONG ISLAND MARITIME MUSEUM, WEST SAYVILLE COUNTY PARK (CP 7165)

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Planning and Design for the Proposed Renovation to the Long Island Maritime Museum, West Sayville County Park (CP 7165), pursuant to Section 6 of Local Law No. 22-1985 which project involves the preparation of planning designs and specifications; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Parks, Recreation and Conservation and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Department of Parks, Recreation and Conservation; and

WHEREAS, the CEQ recommended that the above activity be considered a Type II action, pursuant to the provisions of Title 6 NYCRR, Part 617.13(d) (18), and (21), since it involves information collected for renovation of the facility; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 3, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the proposed Planning and Design for the Proposed Renovation to the Long Island Maritime Museum, West Sayville County Park, constitutes a Type II action; and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk,, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res.  No. 2149-95 Laid on the Table 10/18/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1166-1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED WATER AND ELECTRIC IMPROVEMENTS TO CEDAR POINT COUNTY PARK, EAST HAMPTON (CP #7009)

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Water and Electric Improvements to Cedar Point County Park, Town of East Hampton (CP #7009)", pursuant to Section 6 of Local Law No. 22-1985 which project involves putting in additional spigots and running underground water lines throughout the park; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Parks, Recreation and Conservation and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Department of Parks, Recreation and Conservation; and

WHEREAS, the CEQ recommended that the above activity be considered a Type II action, pursuant to the provisions of Title 6 NYCRR, Part 617.13(d) (8), (20), and (21), since it involves construction or placement of utilities appurtenant to existing facilities; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 3, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the proposed Water and Electric Improvements to Cedar Point County Park, East Hampton, constitutes a Type II action; and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk,, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Blass 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. 2150-95 Laid on the Table 10/18/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1167 - 1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED REHABILITATION OF VARIOUS BRIDGES AND EMBANKMENTS (CP #5850)

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Rehabilitation of Various Bridges and Embankments (CP #5850)", pursuant to Section 6 of Local Law No. 22-1985 which project involves the repair of bridge embankments that have deteriorated through erosion; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Public Works and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Department of Public Works; and

 

WHEREAS, the CEQ recommended that the above activity be considered a Type II action, pursuant to the provisions of Title 6 NYCRR, Part 617.13(d)(1), (8), and (21), since it involves the replacement of a facility in-kind on the same site, or construction of minor structures; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 3, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the proposed Rehabilitation of Various Bridges and Embankments constitutes a Type II action; and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk,, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2151-95 Laid on the Table 10/18/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1168-1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED RECONSTRUCTION OF CULVERTS (CP #5371)

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Reconstruction of Culverts (CP #5371)", pursuant to Section 6 of Local Law No. 22-1985 which project involves the repair of highway culverts throughout Suffolk County; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Public Works and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Department of Public Works; and

WHEREAS, the CEQ recommended that the above activity be considered a Type II action, pursuant to the provisions of Title 6 NYCRR, Part 617.13(d)(1), (8), and (21), since it involves the replacement of a facility in-kind on the same site, or construction of minor structures; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 3, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the proposed Reconstruction of Culverts constitutes a Type II action; and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk,, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Blass 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. 2152-95 Laid on the Table 10/18/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1169-1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED IMPROVEMENTS TO SEWER DISTRICT #1

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Improvements to Sewer District #1", pursuant to Section 6 of Local Law No. 22-1985 which project involves the removal of an obsolete pump station and revegetation of the site; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Public Works and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Department of Public Works; and

WHEREAS, the CEQ recommended that the above activity be considered a Type II action, pursuant to the provisions of Title 6 NYCRR, Part 617.13(d)(15)(19) and (21), since it involves the removal of an obsolete pump station and revegetation of the site; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 3, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the proposed improvements to Sewer District #1 constitutes a Type II action; and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk,, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Blass 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. 2153-95 Laid on the Table 10/18/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1170-1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED IMPROVEMENTS AND RENOVATIONS TO THE SUFFOLK COUNTY SCAVENGER FACILITY

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Improvements and Renovations to the Suffolk County Scavenger Facility", pursuant to Section 6 of Local Law No. 22-1985 which project involves environmental and design phase - planning studies including site evaluation and design tasks as well as information collection including basic data collection; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Public Works and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Department of Public Works; and

WHEREAS, the CEQ recommended that the above activity be considered a Type II action, pursuant to the provisions of Title 6 NYCRR, Part 617.13(d)(18) and (21), since it involves information collection including basic data collection; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 3, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the proposed Proposed Improvements and Renovations to the Suffolk County Scavenger Facility constitutes a Type II action; and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk,, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Blass 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. 2154-95 Laid on the Table 10/18/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1171 - 1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED STRENGTHENING AND IMPROVING COUNTY ROADS

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Strengthening and Improving County Roads", pursuant to Section 6 of Local Law No. 22-1985 which project involves maintenance functions that involve repair/rejuvenation of pavement and other highway appurtenances; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Public Works and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Department of Public Works; and

WHEREAS, the CEQ recommended that the above activity be considered a Type II action, pursuant to the provisions of Title 6 NYCRR, Part 617.13(d)(4) and (21), since it involves repair/rejuvenation of pavement and other highway appurtenances; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 3, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the proposed strengthening and improving County roads constitutes a Type II action; and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk,, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Blass 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. 2155-95 Laid on the Table 10/18/85

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1172 - 1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED PURCHASE OF PUBLIC WORKS MAINTENANCE EQUIPMENT

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Purchase of Public Works Maintenance Equipment", pursuant to Section 6 of Local Law No. 22-1985 which project involves purchase of equipment to fulfill department functions; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Public Works and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Department of Public Works; and

WHEREAS, the CEQ recommended that the above activity be considered a Type II action, pursuant to the provisions of Title 6 NYCRR, Part 617.13(d)(12) and (21), since it involves the purchase of equipment to fulfill department functions; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 3, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the proposed purchase of Public Works Maintenance Equipment constitutes a Type II action; and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk,, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Blass 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. 2156-95 Laid on the Table 10/18/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1173 - 1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED LEASE RENEWAL OF BUILDING #19 TO DAN'S UPHOLSTERY & DRAPERIES, INC., AT FRANCIS S. GABRESKI AIRPORT, WESTHAMPTON BEACH, TOWN OF SOUTHAMPTON

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Lease Renewal of Building #19 to Dan's Upholstery & Draperies, Inc., at Francis S. Gabreski Airport, Westhampton Beach, Town of Southampton", pursuant to Section 6 of Local Law No. 22-1985 which project involves the lease renewal of Building #19, at the Francis S. Gabreski Airport to Dan's Upholstery & Draperies, Inc., for the purpose of a wholesale furniture and drapery work shop; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Public Works and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Department of Public Works; and

WHEREAS, the CEQ recommended that the above activity be considered a Type II action, pursuant to the provisions of Title 6 NYCRR, Part 617.13(d)(16), since it is a lease renewal where there will be no material change of permit conditions or the scope of permitted activities; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 3, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the Proposed Lease Renewal of Building #19 to Dan's Upholstery & Draperies, Inc., at Francis S. Gabreski Airport, Westhampton Beach, Town of Southampton constitutes a Type II action; and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Blass 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. 2157-95 Laid on the Table 10/18/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1174 - 1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED INSTALLATION OF GUIDE RAIL AND SAFETY UPGRADING AT VARIOUS LOCATIONS

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Installation of Guide Rail and Safety Upgrading at Various Locations", pursuant to Section 6 of Local Law No. 22-1985 which project involves installing and/or replacing guide rails on County roads throughout the County; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Public Works and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Department of Public Works; and

WHEREAS, the CEQ recommended that the above activity be considered a Type II action, pursuant to the provisions of Title 6 NYCRR, Part 617.13(d)(6) and (21), since it involves the installation and/or replacement of guide rails on existing County streets, roads, and highways; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 3, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the proposed Installation of Guide Rails and Safety Upgradings at Various Locations constitutes a Type II action; and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Blass 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. 2158-95 Laid on the Table 10/18/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1175 - 1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED TRAFFIC SIGNAL IMPROVEMENTS

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Traffic Signal Improvements", pursuant to Section 6 of Local Law No. 22-1985 which project involves the upgrading of existing traffic signals, replacement of old signal equipment and the installation of traffic signals at new locations; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Public Works and subsequently sent out to all concerned parties; and

WHEREAS, at its September 20, 1995 meeting, the CEQ reviewed the EAF and information submitted by the Department of Public Works; and

WHEREAS, the CEQ recommended that the above activity be considered a Type II action, pursuant to the provisions of Title 6 NYCRR, Part 617.13(d)(6) and (21), since it involves the installation of traffic control devices on existing streets, roads, and highways; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated October 3, 1995 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the proposed Traffic Signal Improvements constitutes a Type II action; and be it further

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2249-95                     Laid on the Table 10/18/95

Introduced by Legislator Guldi

RESOLUTION NO.  1176 -1995 ALLOCATING REVENUE- SHARING FUNDS TO TOWN OF EAST HAMPTON FOR 1995 IN ACCORDANCE WITH THE SUFFOLK COUNTY DRINKING WATER PROTECTION PROGRAM

WHEREAS, Section 12-5(D) of the SUFFOLK COUNTY CHARTER established a Suffolk County Environmental Trust Fund (Fund 76) and provided that the pertinent one-quarter per cent (1/4%) sales tax revenues allocated to this trust fund be made available to the towns for the purposes of capping and closing municipal solid waste landfills, identifying, characterizing and remediating toxic and hazardous waste landfills, and for other purposes as provided in Section 12-5(D)(4) of the SUFFOLK COUNTY CHARTER based upon a per-capita formula subject to the availability of funds in this residuary component of the water protection program; and

WHEREAS, the Suffolk County Drinking Water Protection Program provides that the Suffolk County Legislature may transfer funds to the Suffolk County Environmental Trust Fund in an amount not exceeding forty percent (40%) in any year of the total sales and compensating use tax collected; and

WHEREAS, the revenue-sharing component of the Suffolk County Drinking Water Protection Program is residuary in nature and can only be funded from sales tax revenues available after first or higher priority claims, mandates, and guarantees of the program are provided for; and

WHEREAS, the 1995 sales tax receipts estimated to be generated for the town revenue-sharing component of the Suffolk County Drinking Water Protection Program is projected to be $7,680,781.00 of which $135,547.00 could be provided to the Town of East Hampton for capping and closing landfills and acquiring lands in the Suffolk County Pine Barren Preserve or Suffolk County Water Protection Preserve as required by Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER if the County Legislature allocates available revenue-sharing moneys, as adjusted for prior overpayments or underpayments, if any; and

WHEREAS, pursuant to Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER, the Town of East Hampton has submitted a plan for the closing and capping of its landfill which plan has received the approval of the County Legislature; and

WHEREAS, the Town of East Hampton's plan details that there are lands still extant in the Town of East Hampton which fit the definitions of either the Suffolk County Pine Barrens Preserve or the Suffolk County Water Protection Preserve as defined in Section 12-2 of the SUFFOLK COUNTY CHARTER; and

WHEREAS, the County Legislature has previously acquired fee title to various parcels of land in the Town of East Hampton, with funding to be taken from the Town of East Hampton's revenue sharing in the amount of One Hundred One Thousand, Six Hundred Sixty Dollars ($101,660.00), which amount must be retained by the County from the revenue-sharing allocation to the Town of East Hampton, pursuant to Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER; now, therefore, be it

1st RESOLVED, that the County Legislature hereby approves, for calendar year 1995, the Plan of the Town of East Hampton, dated May 13, 1994, as to the work proposed for the capping and closing of a municipal solid-waste landfill pursuant to Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER, and the acquisition of environmentally sensitive lands, as submitted to the Environmental Trust Fund Review Board; and be it further;

2nd RESOLVED, that funding for the Town of East Hampton under Section 12-5(D)(6) of the SUFFOLK COUNTY CHARTER is hereby approved as follows:

1.)         for 1995: $135,547.00, reduced by $101,660.00, provided for the prior or future purchase of various parcels of land, under Section 12-5(D)(1)(b) of the SUFFOLK COUNTY CHARTER, via an offset or reduction of $101,660.00 in actual or anticipated payments made or credited to the Town of East Hampton for revenue sharing under said program, adjusted for prior years' over- or under-payments, for a net payment of $34,026.00; and be it further

3rd RESOLVED, that the County Comptroller and County Treasurer be and they hereby are authorized, empowered, and directed to transfer $34,026.00 in one-quarter per cent (1/4%) sales tax revenues to effectuate the payment of these amounts to the Town of East Hampton in the event that the Town has accounted to the County of Suffolk for 1/4% sales tax revenues previously received by the Town from the County, said payments to be made to the Town of East Hampton in the amount of $30,000.00 on December 31, 1995, and $4,026.00 on February 29, 1996; and be it further

4th RESOLVED, that the County Comptroller and County Treasurer be and they hereby are authorized to make the following transfers:

Account

Number Title Amount

75-2860 Transfer from Water Quality Protection

Revenue Fund (Fund 76)                                 $34,026.00

75-9526 Transfer to Suffolk County Environmental

Trust Fund (Fund 76) $34,026.00

Account

      Number Title Amount

76-2861 Transfer from Suffolk County Environmental

Trust Fund (Fund 76 $34,026.00

76-8133 Payments To Town Environmental

Trust Fund                                       $34,026.00

and be it further

5th RESOLVED, that, in the event that the one quarter per cent (1/4%) sales tax revenues projected at $36,485,800.00 for 1995 materialize in an amount that is either less or more than said projected figure, then the final installment payment authorized by this Resolution shall be adjusted accordingly so as to ensure that no appropriations are made or paid in excess of actual sales tax revenues received during 1995; and be it further

6th RESOLVED, that all such transfers and payments as shall be made pursuant to this Resolution shall be consistent with the provisions of Resolution No. 1033-1989 and with the provisions of Section 12-6 of the SUFFOLK COUNTY CHARTER.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Davis 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. 2250-95 Laid on the Table 10/18/95

Introduced by Legislator Guldi

RESOLUTION NO.  1177 - 1995, AUTHORIZING LAND EXCHANGE WITH SUFFOLK COUNTY WATER AUTHORITY

WHEREAS, the Suffolk County Water Authority (SCWA) has proposed the acquisition of property known as the Tyson property in Montauk in exchange for an equivalent parcel from the County in the Springs section of East Hampton so that the Suffolk County Water Authority can participate in preserving worthwhile sites in Montauk, which are normally acquired for public water-supply purposes, while at the same time receiving an equivalent site for water-supply purposes elsewhere in the County; and

WHEREAS, the SCWA has proposed to purchase 16.678 acres of the Tyson parcel in Montauk and transfer that acreage to the County of Suffolk in return for 16.678 acres of a parcel located on Red Dirt Road in Springs, designated as Suffolk County Tax Map No. District 0300, Section 125.00, Block 02.00, Lot 002.002, of which three (3) acres will be used for public water-supply production purposes and distribution, including ancillary facilities required specifically for such production and distribution; and

WHEREAS, the County Department of Planning; the County Department of Parks, Recreation and Conservation; the County Department of Health Services, Division of Environmental Quality; and the County Department of Law, Division of Real Estate, have reviewed the land in question and made recommendations to the Public Works, Parks, Recreation and Conservation Committee of the County Legislature, pursuant to Section 102-2(D) of the SUFFOLK COUNTY CODE; now, therefore, be it

RESOLVED, that the proposed transfer of 16.678 acres of land owned by the County of Suffolk on Red Dirt Road in Springs, designated as Suffolk County Tax Map No. District 0300, Section 125.00, Block 02.00, Lot 002.002, out of a total of 41.757 acres owned by the County at said site, to the SCWA in exchange for 16.678 acres of land known as the Tyson property in Montauk to be acquired by the SCWA for said exchange, is hereby approved and ratified by the Suffolk County Legislature pursuant to Section 102-4 of the SUFFOLK COUNTY CODE; and be it further

RESOLVED, that the County Department of Law, Division of Real Estate, is hereby authorized, empowered, and directed to enter into an agreement with the Suffolk County Water Authority to for the actual exchange of such land pursuant to Section 102-4(D) of the SUFFOLK COUNTY CODE, including, but not limited to, the following conditions:

1.)       the Red Dirt Road parcel will remain in its entirety in the ownership of the SCWA;

2.)       the Red Dirt Road parcel will be used solely for public water-supply wells and appurtenances; and

3.)       only three (3) acres of the site will be used for well field purposes and the balance will be kept in its natural state, with passive allowable uses by the general public such as hiking trails, natural walks, studies, or similar activities;

and be it further

RESOLVED, that said transfer document issued by the Director of the County Division of Real Estate, or his deputy, pursuant to this resolution, shall contain a reverter clause to the effect that title to the said above described Red Dirt Road parcel in Springs shall revert to the County of Suffolk in the event that the above-described property is not used for the above-described public water-supply purposes or in the event that the SCWA attempts to sell, transfer, or otherwise dispose of or does, in fact, sell, transfer, or otherwise dispose of said subject property without said property being used thereafter for the above described public water-supply purposes subsequent to delivery of said deed to the SCWA or in the event that the SCWA imposes a back-charge or fee against the County for the actual or projected cleanup cost of the debris property in violation of Resolution No. 1028-1991; and be it further

RESOLVED, that said transfer document issued by the SCWA, pursuant to this resolution, shall contain a reverter clause to the effect that title to the said above described Tyson property in Montauk shall revert to the SCWA in the event that the above-described property is not used for the above-described purpose of preserving environmentally sensitive land or in the event that the County attempts to sell, transfer, or otherwise dispose of or does, in fact, sell, transfer, or otherwise dispose of said subject property without said property being used thereafter for the above described public water-supply purposes subsequent to delivery of said deed to the County or in the event that the County imposes a back-charge or fee against the SCWA for the actual or projected cleanup cost of the debris property .

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: January 2, 1996

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

Intro. Res. No. 2315-95 Laid on the Table 11/28/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1178 - 1995, MAKING A SEQRA DETERMINATION IN CONNECTION WITH THE PROPOSED RECONSTRUCTION OF SOUTH SERVICE ROAD, LONG ISLAND EXPRESSWAY, TOWN OF ISLIP

WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has reviewed a project designated as the "Proposed Reconstruction of South Service Road, Long Island Expressway, Town of Islip", pursuant to Section 6 of Local Law No. 22-1985 which project involves the widening of the South Service Road to three (3) thru lanes and relocating the Expressway on ramp; and

WHEREAS, an Environmental Assessment Form (EAF) was prepared and submitted to the CEQ office by the Suffolk County Department of Public Works and subsequently sent out to all concerned parties; and

WHEREAS, at its November 21, 1991 meeting, the CEQ reviewed the EAF and information submitted by the Department of Public Works; and

WHEREAS, the CEQ recommended that the above activity be considered an unlisted action, pursuant to the provisions of Title 6 NYCRR, Part 617; and

WHEREAS, the CEQ has advised the County Legislature and the County Executive by memo dated November 27, 1991 of said recommendations;

WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the Presiding Officer to introduce legislation for an appropriate SEQRA determination; and

WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ recommendations; now, therefore, be it

RESOLVED, that this Legislature hereby determines that the proposed reconstruction of South Service Road, Long Island Expressway, Town of Islip constitutes an unlisted action pursuant to the provisions of NYCRR Part 617 which will not have a significant effect on the environment for the following reasons:

1.) The proposed action will not exceed any of the criteria in Section 617.11 of Title 6 NYCRR which sets forth thresholds for determining significant effect on the environment;

2.) All work will be done within the existing right-of-way;

3.) The current traffic congestion problems will be alleviated and traffic safety improved; and

4.) No major changes in vertical or horizontal alignment are necessary

RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County Clerk, the initiating unit of said project, and with the CEQ; and be it further

RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is hereby directed to prepare and circulate a SEQRA notice of determination of non-significance in accordance with this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mrs. Carpenter offered the following resolution, seconded by Mr. Bishop and duly adopted with the following recorded vote: 17 Legislators in favor; 0 opposed; 1 abstention, Mr. Binder.

Intro. Res. No. 2165-95                     Laid on the Table 10/18/95

Introduced by Legislators Carpenter, Bishop, D'Andre, Foley

RESOLUTION NO.  1179 -1995, ESTABLISHING COMMISSION TO ISSUE A REPORT ON PLAN TO REPEAL PROPERTY TAXES ON LONG ISLAND

WHEREAS, Long Island property taxes continue to raise the cost of living on Long Island beyond the reach of senior citizens living on fixed incomes and young couples seeking to purchase their first home, while, at the same time, driving middle-class taxpayers off of Long Island in search of homes and jobs in more affordable communities; and

WHEREAS, the unprecedented jump in the number of school district budgets being defeated on Long Island (approximately 50%) reinforces and highlights the need for dramatic reform of real property tax financing of local governments and school districts; and

WHEREAS, the State of Michigan recently completed a four- (4)-year drive by Governor John Engler to wipe out property taxes for school district funding by pushing through a plan that uses two percent (2%) of the six percent (6%) State sales tax to finance school district budgets, which plan was recently approved in a Statewide referendum by an overwhelming margin of over seventy percent (70%); and

WHEREAS, this swap, which has set off a nationwide rethinking of school district funding, will create an overall tax reduction of hundreds of millions of dollars for the next few years in Michigan; and

WHEREAS, Long Island will no longer be able to thrive as a vital economically stable community unless real property taxes are substantially wiped out in the very near future; and

WHEREAS, a Committee to Repeal the Property Tax on Long Island made a presentation before the Economic Development, Education, and Mandate Relief Committee of the Suffolk County Legislature on October 11, 1995, proposing to repeal the residential property tax on Long Island and replace it with a seven per cent (7%) income tax; and

WHEREAS, this proposal, as well as proposals to eliminate the school-district portion of the property tax and replace it with alternative broad-based taxes, require full evaluation, study, and development before appropriate Legislative action may be undertaken; now, therefore, be it

RESOLVED, that a Suffolk County Commission on the Repeal of Long Island Property Taxes is hereby established to issue a written report making recommendations to the Suffolk County Executive and the Suffolk County Legislature regarding the repeal, in whole or in part, of Long Island property taxes; and be it further

RESOLVED, that this Commission shall consist of the following fifteen (15) members:

 1.) the Suffolk County Executive, or his or her designee;

 2.) the Presiding Officer of the Suffolk County Legislature, or his or her designee;

 3.) a representative to be jointly selected by the Chairmen of the Finance, Technology and Management Services Committee of the Suffolk County Legislature; the Ways and Means Committee of the Suffolk County Legislature; and the Economic Development, Education, and Mandate Relief Committee of the Suffolk County Legislature;

 4.) Dr. Robert Lipp, Chief Economist of the Legislative Office of Budget Review;

 5.) a representative to be selected by the Association of Town Supervisors;

 6.) a representative to be designated by the Long Island Association;

 7.) a representative to be selected by the Suffolk County Association of Municipal Employees;

 8.) the Suffolk County Treasurer, or his or her designee;

 9.) the Commissioner of the Suffolk County Department of Economic Development;

10.) a representative of a Tax-PAC or other widely recognized and generally acknowledged anti-tax organization from Long Island, to be selected by the Presiding Officer of the Suffolk County Legislature;

11.) a representative from the State Assembly to be selected by Sheldon Silver, the Speaker of the New York State Assembly;

12.) a representative from the State Senate to be selected by Joseph Bruno, the Majority Leader of the New York State Senate;

13.) a representative to be selected by the Association of Public School Superintendents in Suffolk County;

14.) a representative to be selected by Governor Pataki;

15.) a representative of labor unions representing workers in the private sector, to be selected by the Suffolk County Executive; and

16.) the Minority Leader of the Suffolk County Legislature, or his or her designee;

and be it further

RESOLVED, that in the event that the Nassau County Legislature decides to participate in this process at a subsequent date, then an additional member may join this Commission during 1996, as designated by the Nassau County Legislature; and be it further

RESOLVED, that the chairperson of the Commission shall be selected by a majority of the membership of said Commission; and be it further

RESOLVED, that the Commission shall hold its first meeting no later than thirty (30) days after the oaths of office of all members have been filed for the purpose of organization and the appointment of a vice chairperson and a secretary; and be it further

RESOLVED, that the members of said Commission shall serve without compensation and shall serve at the pleasure of their respective appointing authorities; and be it further

RESOLVED, that the Commission shall hold regular meetings, keep a record of all its proceedings, report back periodically to the Chairman of the Economic Development, Education, and Mandate Relief Committee of the Suffolk County Legislature regarding the status of the preparation of the report, and determine the rules of its own proceedings with special meetings to be called by the chairperson upon his or her own initiative or upon receipt of a written request therefor signed by at least six (6) members of the Commission. Written notice of the time and place of such special meetings shall be given by the secretary to each member at least four (4) days before the date fixed by the notice for such special meeting; and be it further

RESOLVED, that eight (8) members of the Commission shall constitute a quorum to transact the business of the Commission at both regular and special meetings; and be it further

RESOLVED, that the Commission may submit requests to the County Executive and/or the County Legislature for approval for the provision of secretarial services or retention of consultants to assist the Commission with such endeavors, said total expenditures not to exceed Three Thousand ($3,000.00) per fiscal year, which services shall be subject to Legislative approval; and be it further

RESOLVED, that clerical services involving the month-to-month operation of this Commission, as well as supplies and postage as may be necessary, shall be provided by appropriately designated staff of the County of Suffolk; and be it further

RESOLVED, that the Commission may conduct such informal hearings and meetings at any place or places within the County of Suffolk or the County of Nassau for the purpose of obtaining necessary information or other data to assist it in the proper performance of its duties and functions as it deems necessary; and be it further

RESOLVED, that the Commission may delegate to any member of the Commission the power and authority to conduct such hearings and meetings; and be it further

RESOLVED, that the Commission shall cooperate with the Economic Development, Education, and Mandate Relief Committee of the Suffolk County Legislature and make available to said Committee's use, upon request, any records and other data it may accumulate or obtain; and be it further

RESOLVED, that the Commission shall expire, and the terms of office of its members terminate, as of December 31, 1996, at which time the Commission shall deposit all the records of its proceedings with the Clerk of the Suffolk County Legislature; and be it further

RESOLVED, that the Commission is hereby authorized, empowered, and directed to hold at least four (4) public hearings throughout Long Island to assemble the data and information necessary to complete the valuation, study, and report required with all reasonable efforts to be made to ascertain the views, wishes, and opinions of the residents and businesses of Long Island; and be it further

RESOLVED, that this study shall not be performed by any outside consultant or consulting firm unless explicit approval and authorization for such consultant or consulting firm is granted pursuant to a duly enacted resolution of the County Legislature; and be it further

RESOLVED, that this special Commission shall submit a plan, in writing, outlining no more than three options for the repeal, in whole or in part, of Long Island property taxes, together with the Commission's recommendations for action, if any, to each member of the County Legislature and the County Executive no later than two hundred seventy (270) days subsequent to the effective date of this Resolution for consideration, review, and appropriate action, if necessary, by the entire County Legislature.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2182-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1180 - 1995, ACCEPTING AND APPROPRIATING A GRANT FROM THE LONG ISLAND REGIONAL EDUCATION CENTER FOR A NEW YORK DEPARTMENT OF EDUCATION DEFENSE DIVERSIFICATION RETRAINING PROJECT AT SUFFOLK COMMUNITY COLLEGE

WHEREAS, Resolution No. 132 accepted and appropriated a grant in that amount of $21,700 from the Long Island Regional Education Center; and

WHEREAS, Suffolk County Community College has received additional contracts totaling $66,310 from the distributing agency to continue this project; and

WHEREAS, the project will provide additional skills retraining assistance for employees of local corporations; and

WHEREAS, these funds are not included in the approved College budget, and no matching funds are required; now, therefore, be it

RESOLVED, that said grant funds in the amount of $66,310 be accepted and appropriated as follows:

REVENUES: AMOUNT:

18-3089 State Aid: Other $66,310

APPROPRIATIONS:

Suffolk Community College

18-2857

100-Personal Services $28,204

110-Permanent Salaries 28,204

450-Contracted Services $27,754

456-Fees for service, Non-employees 27,754

800-Employee Benefits $10,352

816-TIAA Retirement 2,538

820-EAP 10

830-Workmen's Comp 170

833-FICA 2,158

835-Unemployment Insurance 42

836-Health Benefit 4,604

838-Dental Benefit 790

840-Life Insurance 40

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Blydenburgh offered the following resolution, seconded by Mr. Finlay and duly adopted with the following recorded vote: 12 Legislators in favor; 5 opposed, Mr. Bishop, Mr. Binder, Mr. Tonna, Mr. Hackeling, and Mr. Rizzo; 1 absent, Mr. Locorriere.

Intro. Res. No. 2263-95 Laid on the Table 11/21/95

Introduced by Presiding Officer Blydenburgh

RESOLUTION NO. 1181 - 1995, RESCINDING AUTHORIZATION FOR UNITED BASEBALL LEAGUE (UBL) ON THE WESTERN CAMPUS OF SUFFOLK COMMUNITY COLLEGE

WHEREAS, Resolution No. 791-1995 restricted the use of seventy (70) acres of land on the Western Campus of the Suffolk Community Campus, for a twelve 12-month period of time to be measured from August 18, 1995, to the UBL or the designated New York Metropolitan area franchise as part of a project to construct a multifaceted stadium; and

WHEREAS, the Board of Trustees of the Suffolk Community College has determined as of October 27, 1995 that this proposed project with the UBL cannot be accommodated because of physical constraints; and

WHEREAS, it is now necessary to lift the restrictions on the use of this land so that the College may proceed with full implementation of its master plan; now, therefore be it

RESOLVED, that Resolution No. 791-1995 is hereby repealed in its entirety.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. Caracappa offered the following resolution, seconded by Mr. D'Andre and duly adopted with the following recorded vote: 17 Legislators in favor; 0 opposed; 1 absent, Mr. Locorriere.

Intro. Res. No. 2248-95 Laid on Table 10/18/95

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

Legislator Caracappa

RESOLUTION NO. 1182 - 1995, CREATING A SUFFOLK COUNTY DESIGN COMMISSION FOR A WORLD WAR II MONUMENT

WHEREAS, Budget Amendment No. 700-1995 for the 1995 Capital Budget and Program added $25,000 for the planning for the construction of a World War II Memorial at the Armed Forces Plaza in Hauppauge; and

WHEREAS, the final selection of a design for such a monument would be made by a committee which includes a representative cross-section of interested veterans and pertinent organizations within the County of Suffolk; now, therefore, be it

RESOLVED, that the Suffolk County Design Commission for a World War II monument is hereby established and created to consist of the following members:

1) Jack Flattley, currently residing at 32 Mobile Street, Sayville, New York;

2) Virginia Jacque, currently residing at RD 1 Richard Path, St. James;

3) Tom Tormey, currently residing at 510 Half Hollow Road, Deer Park;

4) Al Blanco, currently residing at 1178-B, Udall Road, Bay Shore;

5) Bob Lippencott, currently residing at 40 Handsom Avenue, Selden;

6) Bill Votter, currently residing at 24 Laura Drive, Centereach;

7) Domenick Scarlato, currently residing at 10 Tallow Lane, Lake Grove

and be it further

RESOLVED, that the Chairpersons of this Commission will be Jack Flattley and Virginia Jacque; and be it further

RESOLVED, that the Commission shall hold its first meeting no later than thirty (30) days after the oaths of office of all members have been filed for the purpose of organization and the appointment of its officers, with the Commission to select from among its members a vice chairperson and secretary; and be it further

RESOLVED, that the members of this Commission shall serve without compensation and shall serve at the pleasure of their respective appointing authorities except that the Chairpersons shall be appointed for a term of office that expires on the 31st day of December, 1996; and be it further

RESOLVED, that the Commission shall hold regular meetings, keep a record of all its proceedings, and determine the rules of its own proceedings with special meetings to be called by the Chairpersons upon their own initiative or upon receipt of a written request therefore signed by at least three (3) members of the Commission. Written notice of the time and place of such special meetings shall be given by the secretary to each member at least four (4) days before the date fixed by the notice for such special meeting; and be it further

RESOLVED, that three (3) members of the Commission shall constitute a quorum to transact the business of the Commission at both regular and special meetings; and be it further

RESOLVED, that the Commission may submit requests to the County Executive and/or the County Legislature for approval for the provision of secretarial services, travel expenses, or retention of consultants to assist the Commission with such endeavors, said total expenditures not to exceed Five Thousand Dollars ($5,000) per fiscal year, each which services shall be subjective to legislative approval; and be it further

RESOLVED, that the Commission may conduct such other informal hearings and meetings at any place or places within the County of Suffolk for the purpose of obtaining necessary information of other data to assist in the proper performance of its duties and functions as it deems necessary; and be it further

RESOLVED, that the Commission may delegate to any member of the Commission the power and authority to conduct such hearings and meetings; and be it further

RESOLVED, that the Commission shall cooperate with the legislative committees of the County Legislature and make available to each committee's use upon request, any records and other data it may accumulate or obtain; and be it further

RESOLVED, that the Commission shall expire, and the terms of office and its members terminate, as of December 31, 1996, at which time the Commission shall deposit all the records of its proceedings with the Clerk of the Legislature; and be it further

RESOLVED, that the Commission is hereby authorized, empowered and directed to file a written report with the County Executive and the County Legislature no later than six (6) months after the initial meeting of the Commission; and be it further

RESOLVED, that the Commission is hereby authorized, empowered and directed to hold at least four (4) public hearings throughout the County of Suffolk to assemble the data and information necessary to complete an evaluation, study, and report required with all reasonable efforts to be made to ascertain the views, wishes, and opinions of the residents of Suffolk; and be it further

RESOLVED, that the Suffolk County Design Commission for a World War II Veterans monument is hereby authorized, empowered, and directed to select the precise design, shape, contour, and material for the World War II monument to be placed in the Suffolk County Armed Forces Plaza, with said selection to be made no later than six (6) months, subsequent to the effective date of this resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. D'Andre 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. Locorriere.

Intro. Res. No. 2293-95 Laid on Table 11/21/95

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

RESOLUTION NO. 1183 - 1995, ACCEPTING AND APPROPRIATING FUNDS FROM THE NEW YORK STATE OFFICE FOR THE AGING UNDER TITLE VII FEDERAL FUNDS AND TO AUTHORIZE THE COUNTY EXECUTIVE TO EXECUTE CONTRACTS

WHEREAS, additional funds are available from New York State under Title VII of the Older Americans Act Program; and

WHEREAS, the 1995 Suffolk County Operating Budget does not have sufficient moneys appropriated; and

WHEREAS, no matching funds are required; now, therefore, be it

RESOLVED, that these funds be accepted and appropriated as follows:

REVENUES:

01-4772 Federal Aid: Programs for Aging $14,000

APPROPRIATIONS:

County Executive

Human Services: Office for the Aging

01-6772

490-Contracted Services $14,000

498-Contracted Agencies $14,000

and be it further

RESOLVED, that the County Executive of the County of Suffolk be and hereby is authorized to execute such contract, agreement or other document necessary to effectuate Suffolk County's participation in the aforementioned program.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. D'Andre 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. Locorriere.

Intro. Res. No. 2294-95 Laid on Table 11/21/95

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

RESOLUTION NO. 1184 - 1995, APPROPRIATING FUNDS FROM NEW YORK STATE UNDER THE CONGREGATE SERVICES INITIATIVE AND TO AUTHORIZE THE COUNTY EXECUTIVE TO EXECUTE CONTRACTS.

WHEREAS, the Suffolk County Office for the Aging has applied for a grant from New York State under the Congregate Services Initiative Program; and

WHEREAS, the 1995 Suffolk County Operating Budget does not have sufficient moneys appropriated to take advantage of this funding; and

WHEREAS, the required twenty-five percent (25%) local match will be solicited from subcontractors; now, therefore, be it

RESOLVED, that these funds be accepted and appropriated as follows:

REVENUES:

01-3772 State Aid: Programs for Aging $11,113

APPROPRIATIONS:

County Executive

Human Services: Office for the Aging

01-6783

490-Contracted Services $11,113

498-Contracted Agencies $11,113

and be it further

RESOLVED, that the County Executive of the County of Suffolk be and hereby is authorized to execute such contract, agreement or other document necessary to effectuate Suffolk County's participation in the aforementioned program.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

Mr. D'Andre 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. Locorriere.

Intro. Res. No. 2297-95 Laid on Table 11/21/95

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

RESOLUTION NO. 1185 - 1995, ACCEPTING AND APPROPRIATING FUNDS FROM THE NEW YORK STATE OFFICE FOR THE AGING UNDER TITLE IIID FEDERAL FUNDS AND TO AUTHORIZE THE COUNTY EXECUTIVE TO EXECUTE CONTRACTS

WHEREAS, additional funds are available from New York State under Title IIID of the Older Americans Act Program; and

WHEREAS, the 1995 Suffolk County Operating Budget does not have sufficient moneys appropriated; and

WHEREAS, the required 10% match will be solicited from the subcontractor; now, therefore, be it

RESOLVED, that these funds be accepted and appropriated as follows:

REVENUES:

01-4772 Federal Aid: Programs for Aging $240.48

APPROPRIATIONS:

County Executive

Human Services: Office for the Aging

01-6772

490-Fees for Services $240.48

498-Fees for Services, Non-employees $240.48

and be it further

RESOLVED, that the County Executive of the County of Suffolk be and hereby is authorized to execute such contract, agreement or other document necessary to effectuate Suffolk County's participation in the aforementioned program.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res.  No. 2094-95 Laid on the Table 9/19/94

Introduced by Legislator Levy

RESOLUTION NO.  1186 - 1995, AUTHORIZING, EMPOWERING AND DIRECTING EACH DEPARTMENT HEAD TO DEVELOP STUDY ON HOW FLEXIBLE WORK HOURS CAN BE IMPLEMENTED TO MEET THE MANDATES OF THE CLEAN AIR ACT

WHEREAS, Resolution No. 805-1987, adopted on August 11, 1987, implemented a Flextime Program for County employees; and

WHEREAS, Resolution No. 429-1994 committed the County to undertake a study to encourage alternative transportation modes for workers as part of the mandates of the Federal Clean Air Act; and

WHEREAS, a study is now necessary to see how flexible work hours can be implemented to help meet the mandates of the Clean Air Act; now, therefore, be it

RESOLVED, that each Suffolk County department head is hereby authorized, empowered, and directed to develop a comprehensive study and analysis as to the viability and feasibility of how flexible work hours can be implemented to help meet the mandates of the federal Clean Air Act from the standpoint of management efficiency, employee morale, fiscal consequences, budgetary impact, the collective bargaining process, management/labor relations, economic consequences, tax consequences, and impact on overtime by department employees; and be it further

RESOLVED, that these reports, evaluations and analyses shall be reduced to writing and submitted to the County Executive, the County Director of Transportation, to the Presiding Officer of the County Legislature, the Chairman of the Parks, Recreation, and Public Works Committee of the County Legislature, and to each member of the County Legislature no later than one hundred twenty (120) days from the effective date of this Resolution.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2120-95 Laid on Table 10/18/95

Requested by the Presiding Officer

RESOLUTION NO. 1187- 1995, AUTHORIZING CERTAIN TECHNICAL CORRECTIONS TO ADOPTED RESOLUTION NO. 928-1995

WHEREAS, the County Legislature has adopted and the County Executive has signed Resolution No. 928-1995; and

WHEREAS, this resolution when adopted contained technical errors; and

WHEREAS, the Presiding Officer desires technical corrections to this resolution; now, therefore, be it

RESOLVED, that the Clerk of the Legislature shall make the following technical corrections:

Resolution No. 928-1995

In the last RESOLVED paragraph, the next-to-last line, change the tax year from 1991-1992 to 1992-1993.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2121-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1188 - 1995, AUTHORIZING CERTAIN TECHNICAL CORRECTIONS TO ADOPTED RESOLUTION NO. 742-1995

WHEREAS, the County Legislature has adopted and the County Executive has signed Resolution No. 742-1995; and

WHEREAS, this resolution when adopted contained technical errors; and

WHEREAS, the Presiding Officer and the County Executive desire technical corrections to this resolution; now, therefore, be it

RESOLVED, that the Clerk of the Legislature shall make the following technical corrections:

Resolution No. 742-1995

In the Second RESOLVED paragraph, Capital Project 5200.090 should read 5200.088.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995

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

Intro. Res. No. 2122-95 Laid on Table 10/18/95

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

RESOLUTION NO. 1189 - 1995, AUTHORIZING CERTAIN TECHNICAL CORRECTIONS TO ADOPTED RESOLUTION NO. 780-1995

WHEREAS, the County Legislature has adopted and the County Executive has signed Resolution No. 780-1995; and

WHEREAS, this resolution when adopted contained technical errors; and

WHEREAS, the County Executive and the Presiding Officer desire technical corrections to this resolution; now, therefore, be it

RESOLVED, that the Clerk of the Legislature shall make the following technical corrections:

Resolution No. 780-1995

In the second "WHEREAS" and the second "RESOLVED" paragraphs the amount of the Suffolk County Serial Bonds should read four hundred thousand ($400,000) dollars, instead of five hundred thirty-seven thousand ($537,000) dollars, and in the "Amount" column in the second "RESOLVED" for Project No. 40-CF-4076.510, the amount should also read $400,000 instead of $537,000.

DATED: December 18, 1995

APPROVED BY:

/s/ Robert J. Gaffney

County Executive of Suffolk County

Date of Approval: December 20, 1995