Southampton Town Board
Regular Town Board Meeting
10/11/2011 1:00 PM
Town Hall - Town Board Room
116 Hampton Road   Southampton, NY 11968
I. Call to Order
1. Roll Call
2. Statement
3. Statement
4. Comptroller Update
II. Minutes Approval
1. Minutes of Sep 27, 2011 6:00 PM
2. Minutes of Oct 3, 2011 4:00 PM
III. Communications
A. Public Notices
1. Suffolk County Legislature
2. Town of Riverhead
3. Village of Quogue
4. Village of Sagaponack
5. Town Fire Districts
6. Letters
B. Reports
1. Various Reports
IV. Public Hearings
1. Amend CPPP and Schedule PH - Schuler Acquisition
2. Schedule PH to Acquire Langiulli Property
3. Set Public Hearing to Amend Ag Overlay District
4. Set Public Hearing to Update Chapter 196
5. Public Hearing to Convert from SIC to NAICS
V. Public Portion
VI. Resolutions
1. RES-2011-946 : Authorize 2011 Hamlet Services Grant to the North Sea Community Association, Inc.

WHEREAS, the Town has budgeted funds in the 2011 Operating Budget for maintenance and certain improvements within the hamlets of the Town; and

 

WHEREAS, the North Sea Community Association, Inc. has submitted a letter to the Town dated September 1, 2011 requesting 2011 funding for professional services to help the Southampton Historical Museum complete its restoration project to clean, repair and re-set historical grave stones at the North Sea Burial Ground, where Southampton's earliest settlers are interred.  The request is endorsed by the Southampton Historical Museum, which sent a letter of support to the Town Board dated October 4, 2011; and now therefore, be it

 

RESOLVED, that the North Sea Community Association, Inc. shall be awarded a grant in the amount of $1,250.00 to help complete the first phase of the North Sea Burial Ground Restoration Project; and be it

 

FURTHER RESOLVED, that the agreement shall be prepared by the Office of Contracts Administration in the form of a Hamlet Services Agreement and per the Town Comptroller, no payment shall be made without a fully executed agreement. The source of funding for this agreement shall be Supervisor - Hamlet Services Contracts G/L #01-99-1220-01-6401-0001 in an amount not to exceed $1,250.00.

2. RES-2011-947 : Authorize Additional Funding for Contract with Roadwork Construction Corp.

 

 

WHEREAS, on March 22, 2011, by Resolution No. 364 of 2011, the Town Board of the Town of Southampton awarded the contract for Drainage Construction in the Areas West of the Shinnecock Canal to Roadwork Construction, Corp. (“Roadwork”), with a funding source of $150,000.00; and

 

WHEREAS, the Town awarded said contract based upon the catalog of unit prices provided by Roadwork, to be utilized on an as-needed basis; and

 

WHEREAS, since that time, it has become clear that more roads than initially anticipated are in need of drainage repair services, including, but not limited to, Alexandra Way in Westhampton, Lewis Road in East Quogue, Ponquogue Avenue in Hampton Bays, and King Street in Hampton Bays; and

 

WHEREAS, while the initial contract amount was $150,000.00, the bid specifications, as well as the executed contract with Roadwork, dictates that the initial contract award will be determined based upon available funding and may be increased, as determined by the Town, as work progresses; now therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes additional funding for the contract with Roadwork Construction, Corp. for drainage construction in areas west of the Shinnecock Canal in an amount of $75,000.00; and be it further

 

RESOLVED, that the source of funding for this additional work shall be Capital Project Highway Drainage G/L # C6-99-C227-00-6246-0001.

 

 

 

3. RES-2011-948 : Authorize Supervisor to Sign Agreement with Suffolk County for the Acceptance and Utilization of Community Development Block Grant (CDBG) Funds

WHEREAS, the Town of Southampton has expressed a desire to undertake or assist in undertaking the essential community development and housing assistance activities; and

WHEREAS, Suffolk County received Community Development Block Grant Funds (CDBG) funds from the United States Government; and

WHEREAS, the Town of Southampton submitted a proposal to Suffolk County in order to utilize such CDBG funds; and

WHEREAS, the Suffolk County Legislature pursuant to Suffolk County Resolution No. 638-2011 approved the allocation of Suffolk County's CDBG funds to the Town of Southampton for the following projects:

Consortium Home Improvement Program $28,308.00

Dominican Sisters $5,000.00

Human Resources Program $5,000.00

Big Brothers/Big Sisters $5,000.00

Community Awareness Program $5,000.00

Maureen's Haven $5,000.00

Bridgehampton Head Start $30,000.00

Administration $11,220.00

for a total funding amount of $94,528.00; and

WHEREAS, the term of the funding is from September 1, 2011 to August 31, 2013 and shall include two (2) one year options to renew by Suffolk County; now therefore be it hereby

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute an agreement with Suffolk County for the acceptance of the Community Development Block Grant funds for the fiscal year of 2011 in the amount of $94,528.00 to be allocated to the projects listed above.

 

 

4. RES-2011-949 : Authorize the Supervisor to Execute a Contract Extension with Care Environmental Corp. for the S.T.O.P Household Hazardous Waste Removal

WHEREAS, pursuant to Resolution 2008-1777, the Town of Southampton entered into a contract with Care Environmental Corp. for the S.T.O.P Household Hazardous Removal Program; and

 

WHEREAS, the contract's original term of three (3) years will expire on December 31, 2011; and

 

WHEREAS, the contract contains a provision allowing the Town to extend the existing contract for two (2) additional one (1) year terms; and

 

WHEREAS, the Director of Municipal Works recommends that the current contract be extended to December 31, 2012, this is a no cost extension; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract extension with Care Environmental Corp. to December 31, 2012, for the S.T.O.P Household Hazardous Removal Program; be it

 

FURTHER RESOLVED, that this extension shall be prepared by the Office of Contracts Administration.

5. RES-2011-950 : Authorize the Supervisor to Execute a Contract Extension with H2M Labs, Inc. to Provide Engineering Services for the Department of Municipal Works, Division of Waste Management

WHEREAS, pursuant to Resolution 2007-1090, on September 24, 2007, the Town of Southampton entered into a contract with H2M Labs, Inc,. to Provide Engineering Services to the Department of Municipal Works, Divisions of Waste Management; and

 

WHEREAS, the contract's original term of three (3) years expired on December 31, 2010; and

 

WHEREAS, the contract contains a provision allowing the Town to extend the existing contract for two (2) additional one (1) year terms; and

 

WHEREAS, the Director of Municipal Works recommends that the current contract be extended to December 31, 2012, this being the final extension under this contract at an amount not to exceed $18,000.00 for the year 2012; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract extension with H2M Labs, Inc. to provide Engineering Services to the Department of Municipal Works, Divisions of Waste Management, this contract's term will commence upon a fully executed contract to December 31, 2012, at a cost not to exceed $18,000.00; be it

 

FURTHER RESOLVED, that this extension shall be prepared by the Office of Contracts Administration.

6. RES-2011-951 : Authorize the Supervisor to Execute a Contract Extension with Carolyn's Good Ground Cleaners for Uniform Cleaning for the Town's Police Department

WHEREAS, pursuant to Resolution 2009-455, on May 15, 2009, the Town of Southampton entered into a contract with Carolyn's Good Ground Cleaners for Uniform Cleaning for the Town's Police Department; and

 

WHEREAS, the contract's original term expired on December 31, 2010; and

 

WHEREAS, the contract contains a provision allowing the Town to extend the contract for two (2) additional one (1) year terms; and

 

WHEREAS, the Chief of Police recommends that the Town extend the contract with Carolyn's Good Ground Cleaners to clean the officers' uniforms to December 31, 2012; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract extension with Carolyn's Good Ground Cleaners to December 31, 2012; be it

 

FURTHER RESOLVED, that this contract extension shall be prepared by the Office of Contracts Administration and per the Town's Comptroller, no payment shall be made without a fully executed contract. The source of funding shall be Town Police Uniform Cleaning Allowance G/L #02-99-3120-02-6485-0000 in an amount not to exceed budget.

7. RES-2011-952 : Authorize the Supervisor to Execute a Contract Extension with Hampton Bays Village Cleaners for Uniform Cleaning for the Town's Police Department

WHEREAS, pursuant to Resolution 2009-455, on May 13, 2009, the Town of Southampton entered into a contract with Hampton Bays Village Cleaners for Uniform Cleaning for the Town's Police Department; and

 

WHEREAS, the contract's original term expired on December 31, 2010; and

 

WHEREAS, the contract contains a provision allowing the Town to extend the contract for two (2) additional one (1) year terms; and

 

WHEREAS, the Chief of Police recommends that the Town extend the contract with Hampton Bays Village Cleaners to clean the officers' uniforms to December 31, 2012; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract extension with Hampton Bays Village Cleaners to December 31, 2012; be it

 

FURTHER RESOLVED, that this contract extension shall be prepared by the Office of Contracts Administration and per the Town's Comptroller, no payment shall be made without a fully executed contract. The source of funding shall be Town Police Uniform Cleaning Allowance G/L #02-99-3120-02-6485-0000 in an amount not to exceed budget.

8. RES-2011-953 : Authorize the Supervisor to Execute a Contract Extension with Southampton Village Cleaners for Uniform Cleaning for the Town's Police Department

WHEREAS, pursuant to Resolution 2009-455, on May 15, 2009, the Town of Southampton entered into a contract with Southampton Village Cleaners for Uniform Cleaning for the Town's Police Department; and

 

WHEREAS, the contract's original term expired on December 31, 2010; and

 

WHEREAS, the contract contains a provision allowing the Town to extend the contract for two (2) additional one (1) year terms; and

 

WHEREAS, the Chief of Police recommends that the Town extend the contract with Southampton Village Cleaners to clean the officers' uniforms to December 31, 2012; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract extension with Southampton Village Cleaners to December 31, 2012; be it

 

FURTHER RESOLVED, that this contract extension shall be prepared by the Office of Contracts Administration and per the Town's Comptroller, no payment shall be made without a fully executed contract. The source of funding for this project is G/L #02-99-3120-02-6485-0000 Town Police Uniform Cleaning Allowance in an amount not to exceed budget.

9. RES-2011-954 : Authorize the Supervisor to Execute a Contract Extension with Water Mill Village Cleaners for Uniform Cleaning for the Town's Police Department

WHEREAS, pursuant to Resolution 2009-455, on May 15, 2009, the Town of Southampton entered into a contract with Water Mill Village Cleaners for Uniform Cleaning for the Town's Police Department; and

 

WHEREAS, the contract's original term expired on December 31, 2010; and

 

WHEREAS, the contract contains a provision allowing the Town to extend the contract for two (2) additional one (1) year terms; and

 

WHEREAS, the Chief of Police recommends that the Town extend the contract with Water Mill Village Cleaners to clean the officers' uniforms to December 31, 2012; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract extension with Water Mill Village Cleaners to December 31, 2012; be it

 

FURTHER RESOLVED, that this contract extension shall be prepared by the Office of Contracts Administration and per the Town's Comptroller, no payment shall be made without a fully executed contract. The source of funding shall be Town Police - Uniform Cleaning Allowance G/L #02-99-3120-02-6485-0000 in an amount not to exceed budget.

10. RES-2011-955 : Authorize the Supervisor to Execute a Contract Extension with Hampton Photo Arts for the Photo Supplies and Developing Needs of the Town

WHEREAS, pursuant to Resolution 2011-365, on April 26, 2011, the Town of Southampton entered into a contract with Hampton Photo Arts for the photo supplies and developing needs of the Town; and

 

WHEREAS, the contract will expire on December 31, 2011; and

 

WHEREAS, the contract contains a provision allowing the Town to extend the contract for two (2) additional one (1) year terms; and

 

WHEREAS, the Chief Fire Marshal recommends that the Town extend the contract with Hampton Photo Arts to December 31, 2012, for the photo supplies and developing needs of the Town; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract extension with Hampton Photo Arts for the photo supplies and developing needs of the Town to expire on December 31, 2012; be it

 

FURTHER RESOLVED, that this contract extension shall be prepared by the Office of Contracts Administration and per the Town's Comptroller, no payment shall be made without a fully executed contract. The source of funding for this contract extension shall be various G/L accounts within the Town in amounts not to exceed individual budgets.

11. RES-2011-956 : Authorize the Supervisor to Execute a Contract Extension with Peconic Fire Equipment to Supply, Inspect and Maintain Fire Extinguishing Equipment
WHEREAS, pursuant to Resolution 2011-369, on March 29, 2011, the Town of Southampton entered into a contract with Peconic Fire Equipment to supply, inspect and maintain Fire Extinguishing Equipment for the Town; and

WHEREAS, the contract will expire on December 31, 2011; and

WHEREAS, the contract contains a provision allowing the Town to extend the contract for two (2) additional one (1) year terms; and

WHEREAS, the Chief Fire Marshal recommends that the Town extend the contract with Peconic Fire Equipment to December 31, 2012, to supply, inspect and maintain Fire Extinguishing Equipment for the Town; now therefore, be it

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract extension with Peconic Fire Equipment to supply, inspect and maintain Fire Extinguishing Equipment for the Town to expire on December 31, 2012; be it

FURTHER RESOLVED, that this contract extension shall be prepared by the Office of Contracts Administration and per the Town's Comptroller, no payment shall be made without a fully executed contract.

The source of funding for this contract extension shall be various G/L accounts within the Town in amounts that will vary due to the service, parts or equipment each department purchases, although these amounts shall not exceed individual budgets.
12. RES-2011-957 : Authorize the Supervisor to Execute a Contract Extension with Professional Cleaning People for Cleaning Services at the David W. Crohan Community Center in Flanders

WHEREAS, pursuant to Resolution 2008-1708, on February 5, 2009, the Town of Southampton entered into a contract with Professional Cleaning People for Cleaning Services at the David W. Crohan Community Center in Flanders; and

 

WHEREAS, the contract's original term expired on December 31, 2009; and

 

WHEREAS, the contract contains a provision allowing the Town to extend the contract for four (4) additional one (1) year terms; and

 

WHEREAS, the Town Maintenance Supervisor recommends that the Town extend the contract with Professional Cleaning People to December 31, 2012, for cleaning services at the David W. Crohan Community Center in Flanders; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract extension with Professional Cleaning People for cleaning services at the David W. Crohan Community Center in Flanders to December 31, 2012; be it

 

FURTHER RESOLVED, that this contract extension shall be prepared by the Office of Contracts Administration and per the Town's Comptroller, no payment shall be made without a fully executed contract.

13. RES-2011-958 : Authorize the Supervisor to Execute a Final Contract Extension with Integratas for Cleaning Services at the Hampton Bays Community Center

WHEREAS, pursuant to Resolution 2008-455, on March 26, 2008, the Town of Southampton entered into a contract with Integratas for Cleaning Services at the Hampton Bays Community Center; and

 

WHEREAS, the contract's original term expired on December 31, 2008; and

 

WHEREAS, the contract contains a provision allowing the Town to extend the contract for four (4) additional one (1) year terms; and

 

WHEREAS, the Town Maintenance Supervisor recommends that the Town extend the contract with Integratas for Cleaning Services at the Hampton Bays Community Center for a final term to expire on December 31, 2012; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a final contract extension with Integratas for Cleaning Services at the Hampton Bays Community Center to December 31, 2012; be it

 

FURTHER RESOLVED, that this contract extension shall be prepared by the Office of Contracts Administration and per the Town's Comptroller, no payment shall be made without a fully executed contract.

14. RES-2011-959 : Authorize the Supervisor to Execute a Contract Extension with the Town of Southampton Housing Authority for the Administration, Management and Oversight of the Community Development Block Grant Program

WHEREAS, pursuant to Resolution 2011-63, on April 20, 2011, the Town of Southampton entered into a contract with the Town of Southampton Housing Authority for the Administration, Management and Oversight of the Community Development Block Grant Program; and

 

WHEREAS, the contract's original term will expire December 31, 2011; and

 

WHEREAS, the contract contains a provision allowing the Town to extend the contract for three (3) additional one (1) year periods; and

 

WHEREAS, the Town's Supervisor recommends that the Town extend the contract with Town of Southampton Housing Authority to December 31, 2012, to Administer, Oversee and Manage the Community Development Block Grant Program; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract extension with Town of Southampton Housing Authority to December 31, 2012, this contract extension shall be funded through Unallocated - Contracts - G/L #01-99-9900-01-6401-0000 under the original amount of $25,000.00.

15. RES-2011-960 : Authorize the Supervisor to Execute a Contract Extension with Univar for the Supply of Liquid Caustic Soda to the Hampton Bays Water District

WHEREAS, pursuant to Resolution 2010-1235, on December 27, 2010, the Town of Southampton entered into a contract with Univar for the Supply of Liquid Caustic Soda to the Hampton Bays Water District; and

 

WHEREAS, the contract's original term will expire on December 31, 2011; and

 

WHEREAS, the contract contains a provision allowing the Town to extend the contract for two (2) additional one (1) year terms; and

 

WHEREAS, the Superintendent of the Water District recommends that the Town extend the contract with Univar to December 31, 2012, for the supply of liquid caustic soda to the Hampton Bays Water District; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton, acting in their capacity as Commissioners of the Water District, hereby authorizes the Supervisor to execute a contract extension with Univar to December 31, 2012; be it

 

FURTHER RESOLVED, that this contract extension shall be prepared by the Office of Contracts Administration and per the Town's Comptroller, no payment shall be made without a fully executed contract. The source of funding for this contract shall be Hampton Bays Water District Operations - Chemicals G/L # SW-99-W081-62-6448-0000 in an amount not to exceed $165,000.00.

16. RES-2011-961 : Authorize the Supervisor to Execute a Contract with Ashley McGraw Architects, P.C. for Architectural Services for Cold Spring Pond Park on behalf of the Town Trustees
WHEREAS, the Town Trustees acquired 53 acres of land located at Cold Spring Pond, Sebonac Neck, Southampton that was dedicated as part of the Sebonac Golf Club Project; and

WHEREAS, the intention of this land is to create a passive park to benefit the residents, school groups, naturalists and educators alike; and

WHEREAS, architectural services are necessary for the development of a space program which will include Trustee and Community input, creating Conceptual Plans, Exterior Elevations, a Narrative describing Grant opportunities and a Budgetary Cost Estimate; and

WHEREAS, the Trustees have received a proposal from Ashley McGraw Architects, P.C. to provide the services listed at a cost not to exceed $29,250.00; and

WHEREAS, the proposal has been reviewed and the Trustees of the Freeholders and Commonalty of the Town of Southampton recommend that a contract be executed with the Town to effectuate that these services are provided; now therefore, be it

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract with Ashley McGraw Architects, P.C. to provide Architectural Services for Cold Spring Pond Park on Behalf of the Town Trustees in an amount not to exceed $29,250.00; be it

FURTHER RESOLVED, that this contract will be prepared by the Office of Contracts Administration and per the Town's Comptroller, no payment shall be made without a fully executed contract. The source of funding for this contract shall be Capital Project Cold Spring Pond Park Reserve Project G/L #C1-99-C241-00-6212-0000 in an amount not to exceed $29,250.00 for Phase One. In the event the Trustees decide to utilize the same vendor for Phase Two, the total contract amount shall not exceed $50,000.00 without a formal Request for Proposals being issued. The Town Comptroller is authorized to make all budgetary and accounting entries necessary to execute.
17. RES-2011-962 : Authorize the Supervisor to Execute a Contract with Nelson Pope & Voorhis, LLC. for Environmental Engineering Services for Cold Spring Pond Park on behalf of the Town Trustees

WHEREAS, the Town Trustees acquired 53 acres of land located at Cold Spring Pond, Sebonac Neck, Southampton that was dedicated as part of the Sebonac Golf Club Project; and

 

WHEREAS, the intention of this land is to create a passive park to benefit the residents, school groups, naturalists and educators alike; and

 

WHEREAS, engineering services are necessary for the design, environmental inventory, concept and schematic plan including soil boring, signage and associated permits; and

 

WHEREAS, the Trustees have received a proposal from Nelson, Pope & Voorhis, LLC. to provide the services listed at a cost not to exceed $21,400.00; and

 

WHEREAS, the proposal has been reviewed and the Trustees of the Freeholders and Commonalty of the Town of Southampton recommend that a contract be executed with the Town to effectuate that these services are provided; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract with Nelson, Pope & Voorhis, LLC. to provide Environmental Engineering Services for Cold Spring Pond Park on Behalf of the Town Trustees in an amount not to exceed $21,400.00; be it

 

FURTHER RESOLVED, that this contract will be prepared by the Office of Contracts Administration and per the Town's Comptroller, no payment shall be made without a fully executed contract. The source of funding for this contract shall be Capital Project Cold Spring Pond Park Reserve Project G/L # C1-99-C241-00-6212-0000 in a an amount not to exceed $21,400.00. The Town Comptroller is authorized to make all accounting and budgetary entries necessay to execute.

18. RES-2011-963 : Authorize the Supervisor to Execute a Contract with Cashin Associates, P.C. for Engineering Services Associated with Long Beach Water Main Installation

WHEREAS, the Parks and Recreation Department is in need of engineering services for the installation of public water service to Foster Memorial Beach, (aka long beach); and

 

WHEREAS, Cashin Associates, P.C. has submitted a proposal detailing the scope of services to include the preparation of documents for an application to obtain a permit from the Department of Environmental Conservation, the design and subsequent permit for a Reverse Pressure Zone Valve (RPZ) which is necessary when Suffolk County Water installation is required, flagging of wetland areas and preparation of plans and bid documents to be solicited to the public; and

 

WHEREAS, the Superintendent of Parks and Recreation recommends that the Town enter into a contract with Cashin Associates, P.C. to prepare the necessary documents to effectuate the completion of this project; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract with Cashin Associates, P.C.  to provide engineering services for the installation of public water service to Foster Memorial Beach, (aka Long Beach) in an amount not to exceed $11,000.00; and be it

 

FURTHER RESOLVED, that this contract will be prepared by the Office of Contracts Administration and per the Town's Comptroller, no payment shall be made without a fully executed contract. The source of funding for this contract shall be Capital Project Long Beach Water Mains G/L #C1-99-C138-80-6213-0000 in an amount not exceed $11,000.00.

19. RES-2011-964 : Authorize the Supervisor to Execute a Contract with Nawrocki Smith, LLP. for the Preparation of an Annual Financial Audit for Year Ending December 31, 2011

WHEREAS, Nawrocki Smith, LLP. performed the Audit for the year ending December 31, 2010; and

 

WHEREAS, the Advisory Committee and the Town Comptroller were satisfied with the reports performed by Nawrocki Smith, LLP; and

 

WHEREAS, it is the recommendation of Town's Comptroller, that the Audit of the financial statements for the Town for the year ended December 31, 2011 also be performed by Nawrocki Smith, LLP.; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract with Nawrocki Smith, LLP. from the date of execution to December 31, 2012 at a cost not to exceed $175,000.00, which does not include out of pocket expenses incurred by vendor in an amount not to exceed $10,000.00; and be it further

 

RESOLVED, that this contract shall be prepared by the Office of Contracts Administration and per the Town's Comptroller, no payment shall be made without a fully executed contract.

20. RES-2011-965 : Authorize the Supervisor to Sign an Intermunicipal Agreement with Suffolk County in Relation to the Administration and Enforcement of NYS Fire Prevention and Building Codes within the Airport Planned Development District (APDD) at Gabreski Airport

WHEREAS, there is an ongoing partnership between the Town of Southampton (the “Town”) and the County of Suffolk (the “County”) regarding the development of the Airport Planned Development District (APDD) at Gabreski Airport; and

 

WHEREAS, the Town and the County are desirous of consolidating and merging the enforcement and administration duties and obligations under the New York State Fire Prevention and Building Codes in relation to the APDD; and 

 

WHEREAS, an Intermunicipal Agreement has been proposed which formalizes the County and the Town’s wish for the Town to provide services for the administration and enforcement of the New York State Fire Prevention and Building Codes within the APDD; and

 

WHEREAS, under the Agreement, the Town shall undertake to perform all services in connection with the administration and enforcement of the State Codes with respect to private building construction located within the APDD and shall retain all Town charged inspection fees; and

 

WHEREAS, the Agreement does not pertain to areas within Gabreski Airport but outside the APDD, nor does it pertain to public improvements performed by, or on behalf of, the County within the boundaries of the APDD; and

 

WHEREAS, the Agreement shall remain in full force and effect until either of the parties shall notify the other of the termination of the agreement, which notice must be made no less than six (6) months prior to the effective date of termination; and

 

WHEREAS, this Agreement is mutually beneficial to both the Town and the County; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute the Intermunicipal Agreement that has been prepared by the County and reviewed by the Town Attorney and the Office of Contracts Administration for the Town to assume the administration and enforcement duties and obligations under the aforementioned State Codes with regard to development located within the APDD at Gabreski Airport. 

 

21. RES-2011-966 : 2011 Human Services Budget Transfer Nutrition Salaries to Nutrition Repair Equipment

RESOLVED, as per the recommendation of the Director of Human Services that the Town Board approves the following budget transfer for the purpose of covering the Nutrition Program Commercial Kitchen Appliances repair costs through the remainder of the year.

 

              FROM CODE                                          DESCRIPTION                                          AMOUNT

G/L Codes to be determined                            Nutrition Compensation &               $10,000.00

                                                                      Related Benefits             

 

              TO CODE                                          DESCRIPTION                                          AMOUNT

01-99-6143-01-6406-0000                            Repair Equipment                            $10,000.00

 

22. RES-2011-967 : 2011 Human Services Youth Bureau Part-Time Salaries Budget Transfer

RESOLVED, as per the recommendation of the Director of Human Services that the Town Board approves the following budget transfer to fund Youth Bureau part-time salaries.

 

FROM CODE                                                        DESCRIPTION                                                        AMOUNT

01-99-6119-01-6100-0000                            HS/ Youth Bureau Salaries                            $13,000.00

 

TO CODE                                                        DESCRIPTION                                                        AMOUNT

01-99-6119-01-6105-0000                            HS/ Youth Bureau P/T Salaries              $13,000.00

 

23. RES-2011-968 : 2011 Budget Transfer for the Department of Land Management - Building and Zoning Division

RESOLVED, as per the recommendation of the Town Planning & Development Administrator, the Town Board approves the following budget transfer to cover the cost of three (3) digital cameras and accessories for the Building and Zoning Division.

 

FROM CODE                                                        DESCRIPTION                            AMOUNT

              22-99-8029-22-6412              -0000                            Publications                            $400.00

 

              TO CODE                                                        DESCRIPTION                            AMOUNT

              22-99-8029-22-6200-0000                            Equipment                            $400.00

 

24. RES-2011-969 : Amend 2012 Tentative Budget

WHEREAS, the 2012 Tentative Budget was filed in the Town Clerk’s Office on September 30, 2011 and because certain pages were incomplete in the filed budget document, which in no way alter, effect or impact the tentative tax rate, tax levy, or budgeted appropriations the following amendments are hereby made to the 2012 Tentative Budget; now therefore be it

 

RESOLVED, that the 2012 Tentative Budget is hereby amended to include the pages listed as follows:

 

Insert

 

·              The following Organizational Charts shall be inserted:

o              Trustees Office (to remove an employee who has not been employed with the Town since 2009)

o              Town Attorney (to remove a position not funded)

o              Justice Court (to add the name of an employee who is to be transferred to that department)

o              General Services (to correct position title)

o              Data Entry (to correct a footnote)

o              Geographic Information Systems (to add a footnote to reflect the allocation of an employee to another department)

o              Comptroller (to add footnote reflecting a 50% allocation of an employee to the Capital Fund);

o              Justice Court Office (to change name of Justice Court Clerk; remove Clerk Typist and add Senior Account Clerk Typist)

o              Current Planning (to correct title from Confidential Secretary to Clerk Typist P/T)

o              Parks & Recreation (to add the division of Recreation)

o              Highway Department (to add a footnote to reflect the funding of an employee through the Capital Fund)

o              Fire Prevention (Organizational Chart was omitted at original filing)

o              Municipal Works (to add Sustainability Coordinator and Administrative (as a result, the Organization Chart for the Office of Energy and Sustainability is moot)

o              Waste Management (to remove Administrative, which was added to Municipal Works); and

o              Community Preservation Fund (Organizational Chart was omitted at original filing);

 

·              Employee Compensation & Benefits Schedule - Highway Admin (Cost Center 5111) in Highway Department Section (to add footnote);

·              Employee Compensation & Benefits Schedule - Land Management Admin (Cost Center 8025) in Land Management Section (to add footnote);

·              Employee Compensation & Benefits Schedule - Information Technology- Data Entry (Cost Center 1685) in Information Technology Section (to add footnote);

·              Employee Compensation & Benefits Schedule - Information Technology- Fire Marshal Summary (Cost Center 3410) in Town Attorney Section; (to add footnote)

·              Employee Compensation & Benefits Schedule - Records Management- Town Clerk Summary (Cost Center 1460) in Town Clerk Section (to add footnote);

·              Employee Compensation & Benefits Schedule - Information Technology Summary- Geographic Info Systems (Cost Center 1682) in Information Technology Section (to add footnote);

·              Town of Southampton Operating and Enterprise Fund Balances as of December 31, 2009 & 2010 and Projections for 2011 (to correct errors in Total Fund Balance 2009 (General Fund); Fund Balance per Audited Financial Statements 2010 (General Fund); Estimated Year End Fund Balances 2011 (General Fund); and Estimated Fund Balances 2012 (General Fund); to correct the Estimated Fund Balances 2011 (Special Districts- Water); and to correct the calculations associated with these changes;

·              Total Debt Service For All Outstanding Bonds (to change title to chart);

·              Total Debt Service for Community Preservation Fund Only (to change title to chart); and

·              Total Debt Service Excluding Community Preservation (to add title to chart).

 

 

AND BE IT FURTHER RESOLVED, that the Comptroller shall prepare the above-listed corrected pages for insertion into the 2012 Tentative Budget.

 

 

 

25. RES-2011-970 : Warrant #19, Capital #19, CPF #19, October 11, 2011

RESOLVED, per the recommendation and approved by the Town Comptroller, the following vendor payment warrants dated October 11, 2011 be approved in the amount of:

 

Warrant #19                             $ 1,345,927.28

 

Capital #19                            $ 586,838.80

 

CPF #19                            $ 2,413.40

 

Payroll Liability               $ 19,778.21

 

NOW THEREFORE BE IT FURTHER RESOLVED, that the following manual checks, bond payments, and payroll taxes be approved:

 

Date

Check Number

Vendor

Amount

9/30/11

Wire Transfer

MTA Payroll Tax

$ 5,219.62

9/30/11

Wire Transfer

NYS Payroll Tax

$ 77,777.69

9/30/11

Wire Transfer

Federal Tax & FICA

$ 404,641.23

9/21/11

Wire Transfer

NYS Sales Tax

$ 1,389.09

10/7/11

Wire Transfer

P Cards and AmEx

$ 23,466.13

10/12/11

Wire Transfer

LI Golf Management

$ 44,316.45

10/14/11

Wire Transfer

Bond Payments

$ 948,875.00

10/5/11

Misc Checks

LIPA

$ 19,982.01

10/14/11

To Be Issued

Medicare Reimbursements

$ 72,160.60

10/6/11

1125

Hampton Bays Water District

$ 600.00

10/5/11

192

CPF Closing - Haney Farms LLC

$ 6,000,000.00

10/5/11

191

CPF Closing - Fidelity Title

$ 63,969.00

10/5/11

190

CPF Closing - Patricia Fallon

$ 100.00

10/5/11

16448

Postmaster Southampton

$ 1,700.00

10/5/11

16449

Suffolk County Clerk

$ 45.00

10/5/11

16450

Suffolk County Clerk

$ 45.00

10/5/11

16451

North Shore Coatings

$ 5,540.00

 

 

 

 

 

 

Total

$ 7,669,826.82

* - Not to exceed

 

NOW THEREFORE BE IT FURTHER RESOLVED, the Town Comptroller is directed to approve and execute all bank wire transfers required to fund payments associated with Warrants #19, Capital #19, and CPF #19.

26. RES-2011-971 : Resolution of Adoption for Amendments to Southampton Town Code Article XXVIII to Revise the Criteria for a Town Landmark Designation and the Procedure for the Designation of Town Historic Districts

WHEREAS, the Town Board is considering amending Article XXVIII (Landmarks and Historic Districts and Heritage Resource Areas) of the Southampton Town Code to Revise the Criteria for a Town Landmark Designation and the Procedure for the Designation of Town Historic Districts; and

 

WHEREAS, a public hearing was held on September 27, 2011, at which time all persons either for or against said amendment were heard; and

 

WHEREAS, the Department of Land Management has advised the Town Board that this proposed local law is considered a “Type II Action” under 6 NYCRR Part 617.5, provisions of the New York State Environmental Quality Review Act (SEQRA) and Chapter 157 of the Town Code, and that no further review under New York Conservation Law, Article 8, is necessary; now therefore be it

 

RESOLVED, that Local Law No. 33 of 2011 is hereby adopted as follows:

LOCAL LAW NO. 33 OF 2011

A LOCAL LAW amending Article XXVIII (Landmarks and Historic Districts and Heritage Resource Areas) of the Southampton Town Code to Revise the Criteria for a Town Landmark Designation and the Procedure for the Designation of Town Historic Districts.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  Legislative Intent.

 

As articulated in the 1999 Comprehensive Plan Update, the historic and cultural pasts of Southampton Town are integral to our sense of place, sense of community, economy, and attraction as a visitor destination and second home market. Historic resources add greatly to Southampton’s scenic quality, sense of place, developmental heritage, and aesthetic character.  As such, they contribute significantly to the continued economic vitality of the Town, both in terms of local business development, and the tourism that many of the Town’s residents and businesses rely upon.  In order for these resources to be adequately protected, the Town Board recognizes that this historic identity must be recognized and preserved. 

 

The goal of historic preservation is to preserve continuity with the past, not the isolation of the past.  Indeed, the continuity of our cultural heritage both anticipates and encourages ongoing change and development. Historic properties are recognized as resources important to the ongoing development of our communities. In order to increase community awareness of historic structures and ensure that these structures are given due consideration prior to alterations that may affect their historic integrity it is necessary to provide both a procedure for the designation of landmarks and historic districts and for the issuance of a Certificate of Appropriateness (COA).

 

A historic district is a distinct area or concentration of structures that are highly intact and emulate a specific period, architectural style or are considered a significant historic resource for the hamlet or for the Town. Designations are normally considered prestigious recognitions and have the added effect of preserving or increasing property values. In addition historic districts allow for individuals to request landmark status for their properties and once obtained, apply for the purchase of façade easements or tax credits to offset the costs of maintenance or rehabilitation.

 

Currently, a historic resources survey is under way in the Town, which is scheduled to be completed in November 2011. The survey will identify buildings, structures and/or sites that meet the eligibility criteria outlined in the Town Code and that adhere to the Secretary of the Interior’s Standards and Guidelines for Identification and Evaluation. This type of reconnaissance is the most basic approach for systematically documenting and evaluating historic buildings. Based on fieldwork and accepted methodology, the Survey will include recommendations for the designation of landmarks and historic districts.

 

In anticipation of the survey results, these amendments seek to revise the existing criteria and streamline the procedure for designation of Town landmarks and historic districts in order to better balance the objective of historic preservation with protecting the rights of property owners to ensure the goals of the comprehensive plan are met.

 

 

SECTION 2.  Amend Article XXVIII.

 

Article XXVIII of the Southampton Town Code is hereby amended by adding the underlined words and deleting the stricken words as follows:

 

§330-320.  Landmarks and Historic Districts Board. 

 

A.              The Town Landmarks and Historic Districts Board (the "Board") is hereby established. The Board shall consist of nine Town residents to be appointed by the Town Board and, to the extent available in the community, shall be representative of the entire Southampton Town community and drawn from the following disciplines: architecture, architectural history, archaeology, local history, law, historic preservation and real estate. All members shall have demonstrated significant interest in and commitment to the field of historic preservation or related fields and shall have a known interest in historic, cultural, and architectural development within the Town of Southampton. The Southampton Town Historian shall serve as an ex-officio member of the Landmarks and Historic Districts Board. 

 

B.              Landmarks and Historic District Board members shall serve for a term of three years, with the exception of the initial term of one of the members which shall be one year, two for two years and two for three years. Members may serve for more than one term. 

 

C.              The Chairman shall be annually selected by the Town Board. The Town Board may elect to designate a Vice Chairman and Secretary. 

 

D.              Administrative support for the Landmarks and Historic Districts Board shall be provided by the Department of Land Management, which shall also perform records management, prepare minutes and agendas, and receive and distribute correspondence on behalf of the Board. 

 

E.              The Landmarks and Historic District Board shall adopt rules of procedure as it may deem necessary to the proper exercise of its responsibilities. 

 

F.              The Landmarks and Historic District Board shall be empowered to: 

 

(1)              Conduct surveys of significant historic, architectural and cultural landmarks and historic districts within the Town. 

 

(2)              Recommend the designation of significant historic, architectural and cultural landmarks and the establishment of historic districts to the Town Board.                             

(3)              Increase public awareness of the value of historic, architectural and cultural preservation by developing, implementing and participating in public education programs.                                                                                                                               

(4)              Make recommendations to the Town Board concerning the donation or acquisition of facade easements, development rights or other interests in real property as necessary.                                                                                                                               

(5)              Make recommendations to the Town Board concerning the utilization of state or private funds to promote the preservation of landmarks and historic districts within the Town of Southampton.                                                                                     

(6)              Recommend acquisition of a landmark structure by the Town Board where its preservation is essential to the purposes of this act and where private preservation is not feasible.                                                                                                                 

(7)              Make recommendations to the Town Board regarding staff and professional consultants necessary to carry out the duties of the Board.                                                         

(8)              Engage in opportunities for professional development.                                                                                     

(9)              Approve or disapprove applications for certificates of appropriateness.                              

(10)              Recommend site selection as Hamlet Heritage Resource Areas.   

 

G.              The Town Landmarks and Historic Districts Board Cultural Resources Subcommittee is hereby established. The Cultural Resources Subcommittee shall consist of at least three Town residents and may include ex-officio members duly recognized by the Landmarks and Historic Districts Board. All members shall have demonstrated significant interest in and commitment to the field of historic preservation or related fields and shall have a known interest in archaeology. The terms of office of the members of the Cultural Resources Subcommittee shall run concurrent with the terms of the Landmarks and Historic Districts Board appointments, unless otherwise designated by the Landmarks and Historic Districts Board.

 

(1)              The Cultural Resources Subcommittee shall be empowered to:  

 

(a)              Research and identify possible historic or archaeologically sensitive lands in the Town of Southampton.  

 

(b)              Recommend a structured archaeological process for the Town.                              

(c)              Make recommendations to the Town Board regarding professional consultants necessary to carry out archaeological services.                                            

(d)              Review and comment on archaeological reports of sensitive lands in the Town.                                                                                                                                              

(e)              Work closely with the Landmarks and Historic Districts Board, the Planning Board, and the Town Board to make recommendations regarding archaeologically sensitive lands in the Town, including but not limited to potential burial grounds, sacred sites, and places that may hold subsurface cultural resources.       

 

§330-321.  Procedure and criteria for designation of landmarks or historic districts. 

 

A.              All applications for the designation of a landmark or historic district shall be available from and submitted to the Department of Land Management and forwarded to the Landmarks and Historic Districts Board for review.  Upon a determination of completeness by the Landmarks and Historic Districts Board, the Landmarks and Historic Districts Board shall submit an advisory report to the Town Board, and file same with the Town Clerk. 

 

A. B.              Upon the submission of an advisory report by the Landmarks and Historic Districts Board, the Town Board shall may designate landmarks and historic districts based on the following criteria, after a public hearing in accordance with this article and with the written consent of the property owner. 

 

(1)              The Town Board may designate an individual property as a landmark if it meets one or more of the following criteria:  

 

(a)              Possesses special character or historic or aesthetic interest of value as part of the cultural, political, economic or social history of the locality, region, state or nation; or                                                                                                    

(b)              Is identified with historic personages or is the site of an historic event in the Town, state, or nation; or                                                                                                    

(c)              Embodies the distinguishing characteristics of an architectural type, period, or style or contains elements of design, details, materials or craftsmanship which represent a significant innovation; or                                            

(d)              Is the work of a designer, engineer, builder, artist, or architect whose work has significantly influenced an age; or                                                                        

(e)              Because of a unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood;                                                                                                                             

(f)              Qualifies for inclusion on the State or National Registers of Historic Places. 

 

(2)              The Town Board may designate a group of properties as an historic district after a public hearing in accordance with this article if it:                                                          

(a)              Contains properties which meet one or more of the criteria for designation of a landmark; and                                                                                                    

(b)              By reason of possessing such qualities, it constitutes a distinct section of the Town of Southampton; and                                                                                                 

(c)              Receives a petition indicating the consent of a minimum of 20% of the property owners within the area to be designated.

(i)              Religious institutions: Upon application to the Town Board, said Board may, exclude a religious institution from an historic district. For purposes of this subsection, a "religious institution" shall be defined as such organization, association or corporation as complies with the requirements set forth in §§420-a, 420-b (Nonprofit organizations), 460 and 462 of the New York Real Property Tax Law and shall have tax-exempt status as determined by the Assessor of the Town of Southampton.

(ii)              School district properties: School district properties shall be excluded from the formation of an historic district. For the purposes of this subsection, said property shall be those properties that are exempt from taxation pursuant to § 408 of the Real Property Tax Law, and any amendments thereto, and that such property has tax-exempt status as determined by the Assessor of the Town of Southampton.

B. C.              The boundaries of each historic district designated henceforth shall be specified by a survey or map filed by the Landmarks and Historic Districts Board in the Town Clerk's office. 

 

C. D.              The Town Board shall refer all applications proposed designations for designation of landmarks and historic districts to the Landmarks and Historic Districts Board and the Town Planning Board for comments an advisory report prior to any action. 

 

D. E.              Hearing; notice; actions during designation process.                                                                                     

(1)              The Town Board shall hold a public hearing prior to designation of any landmark or historic district. As directed in the resolution setting the hearing, notice of a proposed designation of property as either an historic landmark or of its inclusion in an historic district shall be sent by certified mail to the owner(s) of record thereof by the Town Clerk, describing the property proposed and announcing a public hearing by the Town Board to consider the designation. The Town Board shall hold such a public hearing within 45 days of receipt of an advisory report from the Landmarks Board regarding the a recommendation of proposed designation. Notice shall be published in the official newspaper at least 10 days prior to the date of the public hearing.                                                                                                                                             

(2)              Once the Town Board has authorized the publication of a proposed designation, no building permits for demolition may be issued for a proposed landmark or a structure which constitutes a contributing element of a proposed historic district and no building permits shall be issued for substantial alterations or addition for a proposed landmark or a structure which constitutes a contributing element of a proposed district.                                                         

(3)              Nothing contained in §330-249D(2) 321E(2) shall prohibit an owner of a property proposed for landmark designation or for inclusion in an historic district from applying for a certificate of appropriateness pursuant to this chapter although the designation process has not been completed.                                           

(4)              The Town Board shall render a determination within 45 days of the close of the public hearing and written record on the proposed designation.   

 

E. F.              At the public hearing, the Town Landmarks and Historic Districts Board, owners and any interested parties may present testimony or documentary evidence which will become part of a record regarding the historic, architectural or cultural importance of the proposed landmark or historic district. The Town Board may request any other information it deems reasonable and necessary to make its determination. The record may also contain staff reports, public comments or other evidence offered outside of the hearing. 

 

F. G.               The Town Board may adopt specific and unique criteria for the review of certificates of appropriateness in a newly designated historic district. 

 

G. H.               The Town Clerk shall forward notice of each property designated as a landmark and of the boundaries of each designated historic district to the office of the Suffolk County Clerk for recording.   

 

§330-322. Certificate of appropriateness for alteration, demolition or new construction affecting landmarks or historic districts. 

 

A.              Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within an historic district which does not involve a change in design, material, color or outward appearance. 

 

B.              No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or moving of a landmark on or property within an historic district, nor shall any person make any material change in the appearance of such a property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley, without first obtaining a certificate of appropriateness from the Landmarks and Historic District Board.   

 

§330-323.  Criteria for approval of certificate of appropriateness. 

 

A.              In passing upon an application for a certificate of appropriateness, the Landmarks and Historic District Board shall not consider changes to interior spaces or consider changes to architectural features that are not visible from a public street right-of-way or alley. 

 

B.              When reviewing plans relating to landmarks or properties within an historic district, the Landmarks and Historic District Board shall utilize and be guided by the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, a copy of which shall be available in the office of the Town Clerk, as well as the following principles: 

 

(1)              Properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible.                                           

(2)              Any alteration of existing property shall be compatible with its historic character, as well as with the surrounding district.                                                                       

(3)              New construction shall be compatible with the district in which it is located.   

 

C.              In applying the principle of compatibility, the Landmarks and Historic District Board shall consider the following factors:                                                                                                                 

(1)              The general design, character and appropriateness to the property of the proposed alteration or new construction.                                                                                                   

(2)              The scale of proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood.                                                         

(3)              Texture, materials and color and their relation to similar features of other properties in the neighborhood.                                                                                                                 

(4)              Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape and the rhythm of spacing of properties on streets, including setbacks.                                                                                     

(5)              The importance of historic, architectural or other features to the significance of the property.   

 

D.              The Landmarks and Historic District Board may establish reasonable conditions for approval, including the following:                                                                                                                               

(1)              In an application for demolition, the documentation of the building and site by photographs, drawings or other appropriate means.                                                                       

(2)              Prior to new construction, where warranted, the investigation for cultural remains on site. Access to any resulting information may be limited to protect archaeological sites.                                                                                                                                   

 

§330-324.  Certificate of appropriateness application procedure.                                                                                     

A.              Prior to the commencement of any work requiring a certificate of appropriateness, the owner(s) or authorized representative shall file an application for such a certificate with the Department of Land Management. The application shall contain:                             

(1)              Name, address and telephone number of applicant. 

 

(2)              Authorization for owner's agent or representative. 

 

(3)              Location, Tax Map designation and photographs of the property clearly indicating all public views. 

 

(4)              Elevation drawings showing existing conditions and proposed changes, if warranted. 

 

(5)              Perspective drawings, including relationship to adjacent properties, if warranted.                                                                                                                                                           

(6)              Sample of color or materials to be used, if warranted.                                                                       

(7)              Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination and a plan showing the sign's location on the property.                                                                                                                               

(8)              Any other information which the Board may deem necessary in order to visualize the proposed work.   

 

B.              Preliminary plans, elevations, sketches and/or proposals may be submitted to the Landmarks and Historic District Board by the applicant for a preapplication conference prior to filing an application for a certificate of appropriateness. 

 

C.              No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Landmarks and Historic Districts Board. The certificate of appropriateness required by this chapter shall be in addition to and not in lieu of any building permit or other approval required by the Town Code of the Town of Southampton. 

 

D.              The Landmarks and Historic District Board shall approve or deny, or approve with modifications, the application within 60 90 days from receipt of the completed application. The Landmarks and Historic District Board may hold a public hearing on the application. If the public hearing is held, public notice shall appear in the official newspaper at least 10 days prior to the hearing, and information relative to the public hearing shall be posted on the subject property by the applicant. 

 

E.              All decisions of the Landmarks and Historic District Board shall be in writing and filed with the Town Clerk.   

 

§ 330-325.  §330-326.  Hardship criteria. 

 

A.              A property owner seeking relief from landmark designation or inclusion in an historic district or an applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that:                                                                       

(1)              The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; and                                          

(2)              The property cannot be adapted for any other use, whether by the current owner or by a prospective purchaser, which would result in a reasonable return; and                                                                                                                                                           

(3)              Efforts to find a purchaser interested in acquiring the property and preserving it have failed; and                                                                                                                                           

(4)              There is an absence of responsibility on behalf of the applicant for any neglect of maintenance that may have contributed to the hardship; and                                                       

(5)              Any difficulty asserted by the applicant is in no manner self-created.

 

B.              An applicant whose certificate of appropriateness for a proposed alteration has been denied may appeal for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that he cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.   

 

§ 330-326.  §330-325.  Hardship application procedure.                                                                                     

A.              After receiving written notification of a proposed designation of property as either an historic landmark or of its inclusion in an historic district or of the denial of a certificate of appropriateness, an applicant may request hardship relief from the Zoning Board of Appeals (the "Zoning Board"). No building permit or demolition permit shall be issued unless the Zoning Board makes a finding that a hardship exists. 

 

B.              The Zoning Board shall hold a public hearing on the hardship application, upon at least 10 days' notice in the official Town newspaper. 

 

C.              The applicant shall consult in good faith with the Landmarks and Historic District Board, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. 

 

D.              All decisions of the Zoning Board shall be in writing and filed in the office of the Town Clerk.   

 

§330-327. Maintenance and repair required.

 

No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Landmarks and Historic Districts Board, produce a quantifiable detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. 

 

§330-328. Enforcement.

 

It shall be the duty of the Building Inspector to administer and enforce the provisions of this article. 

 

§330-329. Penalties for offenses.

 

Violations of this article shall be subject to the penalties and procedures set forth in §330-186 of this chapter. 

 

§330-330. Appeals.                                                                                                                                                           

A.              Any person aggrieved by a decision of the Zoning Board of Appeals relating to hardship may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. 

 

B.              Any person aggrieved by any other decision of the Landmarks and Historic Districts Board may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.   

 

§330-331.  Hamlet Heritage Resource Areas.  

 

A.              Heritage resources are man-made objects at least 50 years old that are connected to human activity. These resources could be any buildings used to house human or animal activities, i.e., homes, sheds, garages, mills, barns, agricultural buildings, offices, schools, churches, commercial and public-use buildings. It could be structures such as bridges, canals, roads, docks, fences, monuments and sculptures. It could also be burying grounds, trails, archaeological and commemorative or historic sites. These resources, when grouped together, help convey the special heritage of an area. 

 

B.              Hamlet Heritage Resource Area is an honorary title bestowed in recognition of the special character of a neighborhood, hamlet or area. It honors the properties and the community that has cherished its historic heritage. Properties selected as hamlet heritage resources retain the same current Town rights, uses or regulations. Properties selected as part of Hamlet Heritage Resource Areas are not designated as Town landmarks or Town historic districts. The Hamlet Heritage Resource selection is for honorary purposes only.   

 

§330-332.  Procedure and criteria for selection as heritage resource areas.  

 

A.              Any person, organization or board of the Town of Southampton may submit an application to the Town Clerk to nominate a man-made object or group of Historic Resources for selection as a Hamlet Heritage Resource Area. 

 

B.              Copies of the application shall be forwarded by the Town Clerk to the Department of Land Management, and the Landmarks and Historic Districts Board for review. Upon a determination of completeness by the Landmarks Board, the Department of Land Management and the Landmarks and Historic Districts Board shall submit an advisory report to the Town Board. 

 

C.              In its advisory report to the Town Board, the following criteria will be considered for selection of a Hamlet Heritage Resource Area by the Landmarks and Historic Districts Board: 

 

(1)              Date of the heritage resource. 

 

(2)              The building style of the structure.                                                                                                   

(3)              Compatibility of additions and alterations to the original structure.                                           

(4)              Association of the heritage resource with a significant architect or builder.                                           

(5)              Association of the heritage resource with a prominent person.   

 

D.              The Town Board may schedule a public hearing on the proposed nomination of a Hamlet Heritage Resource Area or publish a notice of complete application and written comment period. A public hearing is not required. 

 

E.              Upon receipt of the Landmarks and Historic Districts Board's advisory report, the Town Board may consider a resolution approving the site selection as a Hamlet Heritage Resource Area. 

 

F.              Upon selection as a Hamlet Heritage Resource Area, the description and the location of the man-made object or group of historic resources so selected as a Hamlet Heritage Resource Area shall be listed in a directory entitled "Heritage Resource Areas" to be maintained by the Landmarks and Historic Districts Board. Said directory shall be maintained on file in the Department of Land Management and the office of the Town Clerk.   

 

SECTION 3.  Authority.

The proposed local law is enacted pursuant to Town Law §265(2) and Municipal Home Rule Law §10(1)(ii)(a)(12) and §10(1)(ii)(a)(14). 

 

SECTION 4.  Severability.

If any section or subsection, paragraph, clause, phrase, or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

 

SECTION 5.  Effective Date.

This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

 

AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Adoption:

 

NOTICE OF ADOPTION

 

TAKE NOTICE that, after a public hearing was held by the Town Board of the Town of Southampton on September 27, 2011, the Town Board, at their meeting of October 11, 2011, adopted LOCAL LAW NO. 33 OF 2011, as follows: “A LOCAL LAW amending Article XXVIII (Landmarks and Historic Districts and Heritage Resource Areas) of the Southampton Town Code to Revise the Criteria for a Town Landmark Designation and the Procedure for the Designation of Town Historic Districts.

Copies of the proposed law, sponsored by Councilwoman Nancy Graboski and Councilwoman Bridget Fleming, are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

                                                                                    BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF SOUTHAMPTON, NEW YORK

                                                                                    SUNDY A. SCHERMEYER, TOWN CLERK

27. RES-2011-972 : Cost Reimbursement Waiver for the East Quogue PTA Halloween Parade on October 29, 2011 from 5:00 P.M. to 6:00 P.M. in East Quogue

WHEREAS, the East Quogue Parent Teacher Association have been approved by the Southampton Town Police Department for a Parade Permit for the “Halloween Parade” to be held on October 29, 2011 from 5:00 p.m. to 6:00 p.m. beginning at the East Quogue Fire Department on Montauk Highway and ending at the East Quogue Village Green; and

 

WHEREAS, the Southampton Town Police Department has issued a report dated September 21, 2011 with regards to this event, and also issued a Financial Impact Statement for police services impacting Town Police - Part Time Salaries G/L #02-99-3120-02-6105-0000. Two Traffic Control Officers, two Part Time Police Officers and one Supervisor will be required to assist vehicular and pedestrian traffic during the parade; and

 

WHEREAS, the East Quogue Parent Teacher Association have submitted a request for a waiver for the Police Department cost reimbursement to the Southampton Town Board, pursuant to §283-3B of the Town Code; and

 

WHEREAS, the annual event is open to the public for their enjoyment, held on public property with no admission charge; now therefore be it hereby

 

RESOLVED, that the Town Board hereby approves the waiver of the estimated costs as requested by the East Quogue Parent Teacher Association.

 

28. RES-2011-973 : Appoint Kerry Furler to Senior Tax Cashier Position from Civil Service List

WHEREAS, Kerry Furler has been serving provisionally in the title of Senior Tax Cashier; and

 

WHEREAS, the Civil Service Certification of Eligibles has been established by the Department of Civil Service for the title of Senior Tax Cashier; and

 

WHEREAS, in accordance with the provisions of Section 65 3 of the New York State Civil Service Law and Rule XII 1 of the Suffolk County Civil Service Rules, the Town must make a determination regarding the appointment of Kerry Furler; be it

 

RESOLVED, Kerry Furler be and hereby is appointed to the position of Senior Tax Cashier from the Civil Service Certification of Eligibles No. 11EL238 effective October 11, 2011; and be it further

 

RESOLVED, this position will continue to be funded through the Tax Receiver Cost Center #1330 and the Town Comptroller is authorized to make all budgetary and accounting entries necessary to execute.

29. RES-2011-974 : Authorize Supervisor to Sign Stipulation of Agreement with CSEA

RESOLVED, that the Town Board hereby authorizes the Supervisor to sign a Stipulation of Agreement on behalf of the Town of Southampton with the Civil Service Employees Association regarding sick leave buy back with respect to members who were employed in the Sanitation Department prior to its closure in 1996, approved to form by the Town’s labor attorney; and be it further

 

RESOLVED, the Town Comptroller is authorized to make all budgetary and accounting entries necessary to execute.

30. Take Resolution No 2011-975 Out of Order
31. RES-2011-975 : Promote Sergeant James Kiernan to Rank of Lieutenant in Southampton Town Police Department
WHEREAS, as a result of the mandatory retirement of two Southampton Town Police Department Superior Officers in 2012, a need exists to appoint a new Lieutenant in advance of the officers' retirement in order to ensure a smooth transition of responsibilities and duties; and

WHEREAS, the Chief of Police recommends the promotion of a current Town of Southampton Police Sergeant to the new Police Lieutenant position; therefore be it

RESOLVED, the position of Lieutenant be and hereby is created in the Southampton Town Police Department, at an annual salary of $135,081.40, effective October 12, 2011; and be it further

RESOLVED, based on the recommendation of the Chief of Police, Sergeant James Kiernan be and hereby is promoted to the rank of Lieutenant from the Suffolk County Department of Civil Service Promotional Certification of Eligible?s No.11EL300 , at an annual salary of $135,081.40, effective October 12, 2011; and be it further

RESOLVED, this position will be funded through the Police Department Cost Center #3120.

32. RES-2011-976 : Notice of Public Hearing to Amend Town Code §283-7 (Additional Pre- and Post-Event Obligations) of Chapter 283 (Special Events) to Revise the Applicant's Obligations for the Use of Tents, Town Facilities, and Signs

BE IT RESOLVED, that the Town Board hereby directs that a public hearing shall be held on October 25, 2011, at 6:00 p.m., at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a proposed local law entitled: “A LOCAL LAW amending § 283-7 (Additional pre- and post-event obligations) of Chapter 283 (Special Events) of the Southampton Town Code to Revise the Applicant’s Obligations for the use of tents, Town facilities, and signs,” which provides as follows:

LOCAL LAW NO.    OF 2011

A LOCAL LAW amending § 283-7 (Additional pre- and post-event obligations) of Chapter 283 (Special Events) of the Southampton Town Code to Revise the Applicant’s obligations for the use of tents, Town facilities, and signs.

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

SECTION 1.  Legislative Intent.

The Town Board seeks to amend the Special Events Chapter of the Town Code to revise an applicant’s obligations for the use of tents, Town facilities, and for signage.  The Town Board finds that organized events which attract a large number of people, if not regulated by the Town, can adversely affect the well-being of town residents. These special events can disturb nearby residents in the peaceful enjoyment of their homes and property and may impact public safety, health and welfare.  It is important to clarify these obligations which may require additional permits.   

SECTION 2.  Amend § 283-7. 

§ 283-7 is hereby amended by deleting the stricken words and adding the underlined words as follows:

§283-7.  Additional pre- and post-event obligations. 

 

A. Tents. After the permit is issued, no temporary structures, including tents, shall be erected more than 10 five (5) days prior to the date of the permitted event and all such structures shall be removed within five three (3) days following the termination of the permitted event, unless otherwise authorized by the Chief Fire Marshal. In no event shall any such structure or tent be used at any time for any purpose other than at the time and for the purpose of the permitted event. Any violation of such agreement shall be deemed a violation of this chapter by the owner, lessee or other applicant. 

 

B.  Use of Town facilities. 

 

(1)              Any special event proposed to be held in a Town building or on Town grounds, including parks and beaches, shall require an additional application for a "facility use permit" pursuant to Town Code §111-3D.  If and when both a facility use permit and a special event permit are required, the validity of the facility use permit is contingent upon issuance of the special event permit.    

 

(2)              The proposed use of intoxicating beverages for any special event occurring on Town property requires approval pursuant to Town Code §111-3D(10).   

 

C.  Signs. 

 

(1)              For the purposes of this section the term "sign" shall have the meaning ascribed to it in Chapter 330, Zoning, Article XXII of this Code. The type, size, number, location and other particulars of any such sign shall be disclosed and subject to approval of the Chief Fire Marshal and/or Chief of Police.  All signs which obstruct visibility or create a hazard to traffic are prohibited.  Any sign improperly installed or erected without prior approval may be removed and disposed of without any notification to the applicant.  No sign or banner shall be placed or posted on a Town highway unless the applicant has obtained prior approval of such placement from the Superintendent of Highways. 

 

(2)              If any type of sign or banner is to be displayed on or across a county or state road, the applicant shall include the size, number, location and other particulars of the sign or banner and the dates that it will be displayed and submit approvals from the appropriate county and state agencies. 

 

(3)              All signs, banners and posters shall be erected no more than 10 days prior and must be removed within 24 hours three (3) days after the proposed event.   

 

D.  Animals. If the event proposes to involve animals, the approximate number and types of animals, the number and types of vehicles used to transport and/or house the animals, the storage and provisions for disposal of all animal wastes and if the applicant has obtained a permit as required by Town Code §150-9.   

 

SECTION 3.  Authority.

 

The proposed local law is enacted pursuant to Municipal Home Rule Law §10(1)(ii)(a)(12). 

 

SECTION 4.  Severability.

 

If any section or subsection, paragraph, clause, phrase, or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

 

SECTION 5.  Effective Date.

 

This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

 

AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing:

 

NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that a Public Hearing shall be held on October 25, 2011, at 6:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York to hear any and all persons either for, or against a local law entitled “A LOCAL LAW amending § 283-7 (Additional pre- and post-event obligations) of Chapter 283 (Special Events) of the Southampton Town Code to Revise the Applicant’s Obligations for the use of tents, Town facilities, and signs.”

 

Summary of Proposed Law

 

This local law seeks to amend § 283-7 (Additional pre- and post-event obligations) of Chapter 283 (Special Events) of the Southampton Town Code to revise the applicant’s obligations for the use of tents, Town facilities, and signs.  

 

Copies of the proposed local law, sponsored by Councilwoman Nancy Graboski, are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

                                                                                    BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF SOUTHAMPTON, NEW YORK

                                                                                    SUNDY A. SCHERMEYER, TOWN CLERK

33. RES-2011-977 : Notice of Public Hearing to Consider Amending Chapter 140 (Community Preservation Fund) of the Southampton Town Code to Update the Town of Southampton Management and Stewardship Plan

BE IT RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on November 9, 2011 at 1:00 p.m. at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled: "A LOCAL LAW to amend Chapter 140 (Community Preservation Fund) of the Southampton Town Code to update the “Town of Southampton Management and Stewardship Plan," which provides as follows:

 

                                                        LOCAL LAW NO. ______ OF 2011

 

A LOCAL LAW to amend Chapter 140 (Community Preservation Fund) of the Southampton Town Code to update the “Town of Southampton Management and Stewardship Plan.”

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  Legislative Intent.

Pursuant to Town Law §64-e(6), the Town Board of the Town of Southampton shall, by local law, adopt a Management and Stewardship Plan, which shall be updated as prescribed.  This local law seeks to, as a ministerial act, update the Management and Stewardship Plan to reflect the current year, 2012.

 

SECTION 2.              Amendment.

Chapter 140 (Community Preservation Fund) of the Southampton Town Code is hereby amended by deleting the stricken words and adding the underlined words as follows:

 

§140-28 Management and Stewardship Plan adopted.

 

The Town Board of the Town of Southampton hereby approves and adopts the "Town of Southampton Management and Stewardship Plan of 2008 2012," prepared by the Community Preservation Program Manager, said plan intended to constitute the Management and Stewardship Plan provided for in New York State Town Law §64-e(6).

SECTION 3.  Legislative Authority.

This amendment is enacted pursuant to §64-e of the New York State Town Law and §10(1)(ii)(d)(3) of the Municipal Home Rule Law.

 

SECTION 4.  Severability.

If any section or subsection, paragraph, clause, phrase or provisions of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof, other than the part or provision so adjudged to be invalid or unconstitutional.

 

SECTION 5.  Effective date.

This Local Law shall take effect upon its filing with the Secretary of State, pursuant to Municipal Home Rule Law.

 

AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Public Hearing:

 

NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on November 9, 2011 at 1:00 p.m. at Southampton Town Hall, 116 Hampton Road, Southampton, New York to hear any and all persons either for or against a local law entitled:  "A LOCAL LAW to amend Chapter 140 (Community Preservation Fund) of the Southampton Town Code to update the “Town of Southampton Management and Stewardship Plan.”

 

Summary of Proposed Law

 

The Town Board of the Town of Southampton seeks to amend the Town of Southampton Management and Stewardship Plan as provided for in Town Law §64-e(6) and Section 140-28 of Chapter 140 of the Southampton Town Code. No monies from the Community Preservation Fund may be expended for the management and stewardship of interests or rights in real property unless said properties are approved in said plan adopted by the Town Board.

 

Copies of the proposed local law, sponsored by Supervisor Throne-Holst, as well as copies of the Community Preservation Project Plan, are available in the Office of the Town Clerk, Monday through Friday between the hours of 8:30 a.m. and 4:00 p.m.

 

 

BY ORDER OF THE TOWN BOARD

TOWN OF SOUTHAMPTON, NEW YORK

SUNDY A. SCHERMEYER, TOWN CLERK

34. Amend Resolution No. 2011-978
35. RES-2011-978 : Notice of Public Hearing to Consider Amending Town Code Chapter 8 (Budget) to Override the Tax Levy Limit Established by General Municipal Law §3-c

RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on October 25, 2011, at 6:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW amending Town Code Chapter 8 (Budget) to override the tax levy limit established by General Municipal Law §3-c,” which provides as follows:

 

LOCAL LAW NO.   OF 2011

 

A LOCAL LAW amending Town Code Chapter 8 (Budget) to override the tax levy limit established by General Municipal Law §3-c.  

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

Section 1.  Legislative Intent.

 

On June 24, 2011, the property tax cap was signed into law pursuant to Chapter 97 of the Laws of 2011.  In short, the property tax cap establishes a limit on the annual growth, or increase of property taxes levied by local governments and school districts to 2%, or the rate of inflation, whichever is less.  Though there are limited, narrow exclusions to the cap, including the costs of significant judgments arising out of tort actions and particular pension contribution rates, the cap applies to the total levy set by the Town of Southampton.  By its terms, the tax levy cannot exceed the cap unless 60% of the Town Board approves such an increase by a duly adopted local law.

 

Commencing in 2005, and most recently in 2010, certain Town residents have sought to tax themselves through a mechanism known as a special improvement district, or a beach erosion control district.  The purpose of this district, in short, is to allow residents within the boundaries of a particular district, to tax themselves for specific, needed services that would otherwise not apply to the Town at-large.  Here, the Town of Southampton has recently authorized the establishment of three beach erosion control districts, that is, the Bridgehampton, Sagaponack, and Tiana Beach Erosion Control Districts, to arrest erosion, prevent further damage from such erosion, and provide residents with a financial source from which to supplement local, state, and federal resources.  Specifically, residents within these districts have voluntarily resolved to levy a tax of $200,000, $300,000, and $70,000, respectively, on each district as a whole, in order to manage projects aimed at restoring and re-nourishing beachfront property along the Atlantic coastline.

 

Because the New York State Department of State as well as the New York State Department of Taxation and Finance have opined that the levy of these beach erosion control districts must be included within the Town’s overall tax levy, the Town Board of the Town of Southampton seeks to override the tax levy limit of 2% to specifically exclude these beach erosion control district levies, which amounts to an aggregate cost of $570,000.  In short, the Town Board seeks to place this “self-tax” - voluntarily imposed by residents within these districts upon themselves - outside the overall tax levy limit for the Town.  In order to do this, the Town Board must adopt a local authorizing an override of the cap for the 2012 fiscal year only.

 

Section 2.  Amendment.

 

Town Code Chapter 8 (Budget) is hereby amended by adding the underlined words as follows:

 

§ 8-9.  Tax Levy Limit Override.

 

The Town Board of the Town of Southampton is hereby authorized to adopt a budget for the 2012 fiscal year that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-c.  This override shall be specifically and exclusively attributed to the monies levied for the special districts known as the Bridgehampton Beach Erosion Control District, the Sagaponack Beach Erosion Control District, and the Tiana Beach Erosion Control District.

 

Section 3.  Authority.

 

This local law is adopted pursuant to Chapter 97 of the Laws of 2011, and, more specifically, subdivision 5 of General Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by a vote of sixty percent (60%) of the Town Board.

 

Section 4.  Severability.

 

If any section or subdivision, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

 

SECTION 5.  Effective Date.

 

This local law shall take effect immediately upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.

 

AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Public Hearing:

 

NOTICE OF PUBLIC HEARING

 

TAKE NOTICE, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on October 25, 2011, at 6:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW amending Town Code Chapter 8 (Budget) to override the tax levy limit established by General Municipal Law §3-c.”

 

Summary of Proposed Law

It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Southampton for the 2012 fiscal year.

 

Copies of the proposed law, sponsored by Supervisor Anna Throne-Holst, are on file in the Town Clerk’s office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

BY ORDER OF THE TOWN BOARD             

TOWN OF SOUTHAMPTON, NEW YORK

SUNDY A. SCHERMEYER, TOWN CLERK

 

36. RES-2011-979 : Notice of Public Hearing to Consider the Acquisition of Kennedy Park, LLC, Sag Harbor

WHEREAS, The Town Board of the Town of Southampton has adopted the Town of Southampton "Community Preservation Project Plan" which identifies target areas and properties for acquisition for agricultural lands and open space; and

 

WHEREAS, Kennedy Park, LLC is the purported owner of approximately 3.9 acres of land located on Middle Line Highway, Sag Harbor, New York, shown as SCTM# 900-26-2-30; and

 

WHEREAS, said property is located in the Long Pond Greenbelt Target area of the Community Preservation Project Plan, as sites for preservation and open space. The Long Pond Greenbelt Target area has a collection of coastal plain ponds and the species are still highly vulnerable to water and airborne pollution, excessive groundwater pumping, development and other human disturbance. Much of the area's wildlife needs large contiguous blocks of habitat to maintain their populations, thus any additional incursions which would further fragment these woods could have devastating environmental effects. Saving as much of the surrounding watershed as possible is likewise crucial, as it is the only way that the Greenbelt's characteristic hydrology and aquatic biodiversity can be preserved; and

 

WHEREAS, Kennedy Park, LLC has expressed an interest in selling the property to the Town of Southampton; and

 

WHEREAS, pursuant to §140-5A of Town Code and §247 of the General Municipal Law, a public hearing must be held before the Town of Southampton may acquire an interest in said property.

 

WHEREAS, the source of funding to be the Community Preservation Fund Account, GL 31-99-1940-31-6208-0001; and

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby directs that a Public Hearing shall be held on November 9, 2011 at 1 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against the acquisition of the Kennedy Park, LLC property in Sag Harbor; and

             

BE IT FURTHER RESOLVED, the Town Clerk is authorized to publish the following Notice of Public Hearing:

 

NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on Wednesday, November 9, 2011 at 1 p.m. at Southampton Town Hall, 116 Hampton Road, Southampton, New York to consider the acquisition of lands from Kennedy Park, LLC, totaling approximately 3.9 acres located on Middle Line Highway in Sag Harbor, New York, shown as SCTM# 900-26-2-30 for preservation of open space as identified in the Town of Southampton "Community Preservation Project Plan," pursuant to the provisions of Chapter 140 of the Town Code and §247 of the General Municipal Law of the State of New York. The source of funding is the Community Preservation Fund Account GL 31-99-1940-31-6208-0001.

 

                                                                                                  BY ORDER OF THE TOWN BOARD

                                                                                                  TOWN OF SOUTHAMPTON, NEW YORK

                                                                                                  SUNDY A. SCHERMEYER, TOWN CLERK

 

37. RES-2011-980 : Notice of Public Hearing to Consider the Acquisition of Lands of Elliston, Tuckahoe

WHEREAS, The Town Board of the Town of Southampton has adopted the Town of Southampton "Community Preservation Project Plan" which identifies target areas and properties for acquisition for agricultural lands and open space; and

 

WHEREAS, David A. Elliston, Philip J. Elliston and Frederick A. Elliston are the purported owners of approximately 3.8 acres of land located on West Neck Road in Tuckahoe, New York, shown as SCTM# 900-111-3-13.1; and

 

WHEREAS, said property is located in the Tuckahoe Woods Target Area, which is known for its quiet woodland paths, stunning vistas and exceptional plant and animal habitat. A mosaic of small wetland pools and moist swamp pockets amid an open palette of oak heath woods and beech oak forests, the tract offers a welcome contrast to the suburbanized areas to the south. Tuckahoe Woods is an important natural area retaining considerable wildness and important plant and animal habitat, yet it remains today essentially vulnerable and unprotected. Several key acquisitions are needed if the integrity of this area is to be preserved; and

 

WHEREAS, this parcel is also located in the Tuckahoe Woods Trails Target Area, which is an interesting natural area of deciduous forest, maple swamps and vernal ponds, highlighted by wonderful vistas from atop Tuckahoe Hill.  The trail plan for Tuckahoe Woods includes an interior loop trail (with the Paumanok Path comprising one side of the loop), and spur trails from each of the four roads that border the area (i.e.,  Sandy Hollow Road, Sebonac Road, North Magee Street, West Neck Road).  The West Neck Road spur is expected to continue north to overlook Big Fresh Pond; and

 

WHEREAS, David A. Elliston, Philip J. Elliston and Frederick A. Elliston have expressed an interest in selling the property to the Town of Southampton; and

 

WHEREAS, pursuant to §140-5A of Town Code and §247 of the General Municipal Law, a public hearing must be held before the Town of Southampton may acquire an interest in said property.

 

WHEREAS, the source of funding to be the Community Preservation Fund Account, GL 31-99-1940-31-6208-0001; and

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby directs that a Public Hearing shall be held on November 9, 2011 at 1 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against the acquisition of the Elliston property in Tuckahoe; and

             

BE IT FURTHER RESOLVED, the Town Clerk is authorized to publish the following Notice of Public Hearing:

 

NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on Wednesday, November 9, 2011 at 1 p.m. at Town Hall, 116 Hampton Road, Southampton, New York to consider the acquisition of lands from David A. Elliston, Philip J. Elliston and Frederick A. Elliston, totaling approximately 3.8 acres located on West Neck Road in Tuckahoe, New York, shown as SCTM# 900-111-3-13.1 for preservation of open space as identified in the Town of Southampton "Community Preservation Project Plan," pursuant to the provisions of Chapter 140 of the Town Code and §247 of the General Municipal Law of the State of New York. The source of funding is the Community Preservation Fund Account GL 31-99-1940-31-6208-0001.

 

                                                                                                  BY ORDER OF THE TOWN BOARD

                                                                                                  TOWN OF SOUTHAMPTON, NEW YORK

                                                                                                  SUNDY A. SCHERMEYER, TOWN CLERK

 

38. RES-2011-981 : Notice of Public Hearing to Consider the Acquisition of Reynolds, Et Al Property, Riverside

WHEREAS, The Town Board of the Town of Southampton has adopted the Town of Southampton "Community Preservation Project Plan" which identifies target areas and properties for acquisition for agricultural lands and open space; and

 

WHEREAS, Faye Reynolds, Susan Psillos, H. Thomas Hubbard, David Hubbard, Charles Smolka, Elaine Mondi, Carole Cataudella, Louise Pipczynski and Joan Francke are the purported owners of approximately 19.7 acres of land located on Whitebrook Drive in Riverside, New York, shown as SCTM# 900-142-1-54.3; and

 

WHEREAS, said property is designated in the Peconic River Target Acquisition Area, which takes in a critical stretch of riverfront wetlands in the Riverside and Flanders areas and has been designated an open space priority acquisition area.  The Peconic River is also ranked as the largest groundwater fed river in New York State and embraces an immerse variety of habitats and is the lifeblood of the Riverhead and Riverside areas.  The river is a major component of the Peconic Estuary system, as it supplies essential nutrients and minerals to the open bay, and serves as an irreplaceable spawning and nursery ground for innumerable commercially valued finfish.  Together with the Peconic Bay, it provides an economic mainstay for the people and communities of the East End, as the fishing, boating and tourism industries it supports are the backbone of much of the area; and

 

WHEREAS, Faye Reynolds, Susan Psillos, H. Thomas Hubbard, David Hubbard, Charles Smolka, Elaine Mondi, Carole Cataudella, Louise Pipczynski and Joan Francke have expressed an interest in selling the property to the Town of Southampton; and

 

WHEREAS, pursuant to §140-5A of Town Code and §247 of the General Municipal Law, a public hearing must be held before the Town of Southampton may acquire an interest in said property.

 

WHEREAS, the source of funding to be the Community Preservation Fund Account, GL 31-99-1940-31-6208-0001; and

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby directs that a Public Hearing shall be held on November 9, 2011 at 1 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against the acquisition of the Reynolds, et al property in Riverside; and

             

BE IT FURTHER RESOLVED, the Town Clerk is authorized to publish the following Notice of Public Hearing:

 

NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on Wednesday, November 9, 2011 at 1 p.m. at Town Hall, 116 Hampton Road, Southampton, New York to consider the acquisition of lands from Faye Reynolds, Susan Psillos, H. Thomas Hubbard, David Hubbard, Charles Smolka, Elaine Mondi, Carole Cataudella, Louise Pipczynski and Joan Francke, totaling approximately 19.7 acres located on Whitebrook Drive in Riverside, New York, shown as SCTM# 900-142-1-54.3 for preservation of open space as identified in the Town of Southampton "Community Preservation Project Plan," pursuant to the provisions of Chapter 140 of the Town Code and §247 of the General Municipal Law of the State of New York. The source of funding is the Community Preservation Fund Account GL 31-99-1940-31-6208-0001.

 

                                                                                    BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF SOUTHAMPTON, NEW YORK

                                                                                    SUNDY A. SCHERMEYER, TOWN CLERK

 

39. RES-2011-982 : Notice of Public Hearing to Reallocate the Tax Levy within the Sagaponack Beach Erosion Control District

WHEREAS, on November 9, 2010, by Resolution No. 1101 of 2010, the Town Board of the Town of Southampton authorized the creation of a beach erosion control district known as the Sagaponack Beach Erosion Control District (the “District”); and

 

WHEREAS, by its terms, the maximum amount proposed to be expended within said District is $300,000.00, with the estimated cost to each parcel based upon a benefit method which combines the total assessed value of each property within said District with the linear footage of waterfront on each parcel; and

 

WHEREAS, within said District, the $300,000.00 levy is realized as a rate of $0.00017532 per $1.00 of assessed value, plus $10.73 per waterfront foot, so that, a property with 128 feet of water frontage and a 2010 appraised value of $10,384,800 would have an annual tax of approximately $3,194.96; and

 

WHEREAS, since the establishment of said District, one property owner has decided to opt-out of contributing to the overall levy pursuant to Article 25-AA of Agriculture and Markets Law; and

 

WHEREAS, specifically, §305(5) of Agriculture and Markets Law states, in pertinent part, “within improvements districts or areas deemed benefited by municipal improvements . . . no benefit assessments, special ad valorem levies or other rates or fees charged for such improvements may be imposed on land used primarily for agricultural production within an agricultural district on any basis”; and

 

WHEREAS, the parcel identified as SCTM #908-8-2-41 qualifies for this exemption as it is primarily used for agricultural production within Agriculture District No. 5; and

 

WHEREAS, the owner of said parcel has indicated that it will no longer be contributing to the beach erosion control district, though the parcel remains within said District; and

 

WHEREAS, given this modification, the $300,000.00 tax levy for the Sagaponack Beach Erosion Control District must be redistributed to the property owners within said District, excluding the parcel mentioned above; now therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on Wednesday, November 9, 2011, at 1:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a modification of the Sagaponack Beach Erosion Control District as it relates to the exemption of a certain agricultural parcel from contributing to said District’s $300,000.00 tax levy, and the redistribution of said levy among the remaining property owners within said District; and be it further

 

RESOLVED, that the Town Clerk is hereby authorized and directed to publish the following Notice of Public Hearing:

 

 

NOTICE OF PUBLIC HEARING

 

TAKE NOTICE, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on Wednesday, November 9, 2011, at 1:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a modification of the Sagaponack Beach Erosion Control District as it relates to the exemption of a certain agricultural parcel from contributing to said District’s $300,000.00 tax levy, and the redistribution of said levy among the remaining property owners within said District.

 

                                                                                                  BY ORDER OF THE TOWN BOARD

                                                                                                  TOWN OF SOUTHAMPTON, NEW YORK

                                                                                                  SUNDY A. SCHERMEYER, TOWN CLERK

 

 

 

40. RES-2011-983 : Accept Deed of Dedication as it Relates to 2211 Deerfield Road, Noyac

 

RESOLVED that, upon the recommendation of the Highway Superintendent, the Deed of Dedication from Russell S. Robinson and Theodore T. Chichak to the Town of Southampton offering a five (5) foot wide strip of land along the premises known as 2211 Deerfield Road, in the hamlet of Noyac, further identified as SCTM #0900-034.00-01.00-p/o 014.002, for road widening purposes, be and hereby is accepted by the Town Board of the Town of Southampton upon recording of said Deed with the Suffolk County Clerk’s Office.

 

 

 

41. RES-2011-984 : Amend the Town of Southampton "Community Preservation Project Plan" to Include the Schuler Property, Hampton Bays, and Authorize Acquisition

WHEREAS, The Town Board of the Town of Southampton has resolved to acquire certain property for preservation in the Town of Southampton "Community Preservation Project Plan" which identifies target areas and properties for acquisition for park, recreation, open space and conservation purposes; and

 

WHEREAS, an approximate 1.29-acre parcel, purportedly owned by Ian Schuler and identified by SCTM #900-173-2-3.1, affords the opportunity to increase open space protection within the Town of Southampton; and

 

WHEREAS, said property is appropriate for designation in the Village/Hamlet Greens/Parks, Recreation and Open Space Target Preservation Area of the Community Preservation Project Plan, as sites for park and recreation purposes; and

 

WHEREAS, the Town Board finds that there will be a public benefit to including said property in the Town of Southampton "Community Preservation Project Plan" and using funds appropriated thereto for acquisition of the subject property; and

             

WHEREAS, Ian Schuler has expressed an interest in selling the property to the Town of Southampton at a cost not to exceed $300,000.00; and

             

WHEREAS, a public hearing was held before the Town of Southampton on October 11, 2011 pursuant to §247 of the General Municipal Law; and

 

NOW, THEREFORE, BE IT RESOLVED, that the Town of Southampton "Community Preservation Project Plan" Village/Hamlet Greens/Parks, Recreation and Open Space Target Preservation Area be and hereby is amended to include the approximate 1.29-acre parcel of land purportedly owned by Ian Schuler, located on Old Squires Road in Hampton Bays, New York, shown as SCTM #900-173-2-3.1; and

 

BE IT FURTHER RESOLVED, that the Town of Southampton is hereby authorized to purchase the lands of Ian Schuler totaling approximately 1.29 acres at a cost not to exceed $300,000.00, plus closing expenses including an accurate survey, title insurance and other related adjustments; the source of the funding to be the Community Preservation Fund Land Acquisition Account G/L #31-99-1940-31-6208-0001; and

 

BE IT FURTHER RESOLVED, that the Supervisor be authorized to enter into a Contract of Sale and execute any documents necessary to close title for said property.

 

42. RES-2011-985 : Authorize Acquisition of Lands of Langiulli, Hampton Bays

WHEREAS, The Town Board of the Town of Southampton has resolved to acquire certain property for preservation in the Town of Southampton "Community Preservation Project Plan" which identifies target areas and properties for acquisition for park, recreation, open space and conservation purposes; and

 

WHEREAS, Philip Langiulli is the purported owner of a vacant parcel of land totaling approximately 2.7 acres, located on Newtown Road in Hampton Bays, New York, shown as SCTM# 900-175-1-+41.5; and

 

WHEREAS, said property is located in the Squires Pond Target Preservation Area. Squires Pond is a pristine estuarine pond which contains State-designated tidal wetlands, beach and dune habitats and fronts on the Great Peconic Bay. Rare and endangered species include piping plover and least tern, along with several rare plants. The area is also an important environmental education site, being used by area colleges and schools; and

 

WHEREAS, said property is also located in the Paumanok Path Trail area of the Community Preservation Project Plan, as sites for preservation and open space. The Paumanok Path is a hiking-trail project of regional importance that will ultimately extend approximately 125 miles from Rocky Point to Montauk Point.  It has been a planning priority for at least the last twelve years and is recognized as the most significant trail project on Long Island.  When completed, the Paumanok Path will be the longest trail on Long Island, nearly four times the length of the second-largest trail (Western Suffolk County’s Long Island Greenbelt Trail).  It will act as the backbone of Southampton’s trail system, with a number of trails using the Path as part of a loop or serving as a spur to the Path; and

 

WHEREAS, Philip Langiulli has expressed an interest in selling the property to the Town of Southampton at a total cost not to exceed $400,000.00; and

 

WHEREAS, a public hearing was held before the Town of Southampton on October 11, 2011 as part of the Community Preservation Project Plan to determine if the subject interests in real property should be acquired pursuant to §247 of the General Municipal Law and it is felt that this acquisition is the best alternative for the protection of community character of all the reasonable alternatives available to the town, and it was determined that said interests in real property should be purchased.

 

NOW, THEREFORE, BE IT RESOLVED, that the Town of Southampton is hereby authorized to purchase the lands of Philip Langiulli, totaling approximately 2.7 acres of vacant land, located on Newtown Road in Hampton Bays, New York, shown as SCTM# 900-175-1-41.5 at a total cost not to exceed $400,000.00, plus closing expenses including an accurate survey, title insurance and other related adjustments; the source of the funding to be the Community Preservation Fund Land Acquisition Account G/L 31-99-1940-31-6208-0001; and

 

BE IT FURTHER RESOLVED, that the Supervisor be authorized to enter into a Contract of Sale and execute any documents necessary to close title for said property.

 

43. Add Resolution Nos. 2011-986 through 2011-990
44. RES-2011-986 : Appoint Susan Falkowski Parry to the Agricultural Advisory Committee

RESOLVED, that Susan Falkowski Parry is hereby appointed to the Agricultural Advisory Committee effective immediately through December 31, 2011.

45. Amend Resolution No. 2011-987
46. RES-2011-987 : Notice of Public Hearing to Consider Amending Town Code Chapter 312 (Vehicles and Traffic), Section 312-24 to Prohibit Parking on the West Side Seven Ponds Road in Water Mill

BE IT HEREBY RESOLVED, that the Town Board directs that a public hearing shall be held on October 25, 2011 at 6:00 p.m. at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a proposed local law entitled: “A LOCAL LAW amending Southampton Town Code Chapter 312 (Vehicles and Traffic), Section 312-24 to prohibit parking on the west side of Seven Ponds Road in Water Mill", which provides as follows:

 

LOCAL LAW NO.  OF 2011

 

A LOCAL LAW amending Southampton Town Code Chapter 312 (Vehicles and Traffic), Section 312-24 to prohibit parking on the west side of Seven Ponds Road in Water Mill.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  Amendment.

 

Section §312-24 of Article V (Parking Prohibited in Designated Locations) of Chapter 312 (Vehicles and Traffic) of the Code of the Town of Southampton is hereby amended by adding the underlined words as follows:

 

§312-24.  Bridgehampton, Sagaponack 

 

A. The parking of vehicles is hereby prohibited in the following locations: 

 

(22) On the west side of Seven Ponds Road from its intersection with David White's Lane to its intersection with Millfarm Lane.

 

SECTION 2.  Authority.

 

The Town Board is authorized to establish and promulgate rules and regulations regarding parking pursuant to New York State Town Law §130 and New York State Vehicle and Traffic Law §1660.

 

SECTION 3.  Severability.

 

If any section or subdivision, paragraph, clause, phrase of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

 

SECTION 4.  Effective Date.

 

This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.

 

AND BE IT FURTHER RESOLVED that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing:

 

NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on October 25, 2011 at 6:00 p.m. at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against “A LOCAL LAW amending Southampton Town Code Chapter 312 (Vehicles and Traffic), Section 312-24 to prohibit parking on the west side of Seven Ponds Road in Water Mill.”

 

SUMMARY OF LOCAL LAW

 

The proposed law would prohibit parking on the west side of Seven Ponds Road in Water Mill from its intersection with David White's Lane to its intersection with Millfarm Lane.

 

Copies of the proposed local law, sponsored by Councilwoman Nancy Graboski, are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

                                                       

                                                                      BY ORDER OF THE TOWN BOARD                                         

                            TOWN OF SOUTHAMPTON, NEW YORK

                            SUNDY A. SCHERMEYER, TOWN CLERK

 

 

47. RES-2011-988 : Notice of Public Hearing to Consider Amending Town Code Chapter 312 (Vehicles and Traffic), Section 312-24 to Prohibit Parking on Both Sides of a Certain Section of Mitchell Lane in Bridgehampton

BE IT HEREBY RESOLVED, that the Town Board directs that a public hearing shall be held on October 25, 2011 at 6:00 p.m. at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a proposed local law entitled: “A LOCAL LAW amending Southampton Town Code Chapter 312 (Vehicles and Traffic), Section 312-24 to prohibit parking on both sides of a certain section of Mitchell Lane in Bridgehampton", which provides as follows:

 

LOCAL LAW NO.  OF 2011

 

A LOCAL LAW amending Southampton Town Code Chapter 312 (Vehicles and Traffic), Section 312-24 to prohibit parking on both sides of a certain section of Mitchell Lane in Bridgehampton.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  Amendment.

 

Section §312-24 of Article V (Parking Prohibited in Designated Locations) of Chapter 312 (Vehicles and Traffic) of the Code of the Town of Southampton is hereby amended by adding the underlined words at the end of the section as follows:

 

§312-24.  Bridgehampton, Sagaponack 

 

A. The parking of vehicles is hereby prohibited in the following locations: 

 

(21) On both sides of Mitchell Lane for a distance of 1000 feet North and South of Snake Hollow Road

 

SECTION 2.  Authority.

 

The Town Board is authorized to establish and promulgate rules and regulations regarding parking pursuant to New York State Town Law §130 and New York State Vehicle and Traffic Law §1660.

 

SECTION 3.  Severability.

 

If any section or subdivision, paragraph, clause, phrase of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

 

SECTION 4.  Effective Date.

 

This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.

 

AND BE IT FURTHER RESOLVED that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing:

 

NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on October 25, 2011 at 6:00 p.m. at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against “A LOCAL LAW amending Southampton Town Code Chapter 312 (Vehicles and Traffic), Section 312-24 to prohibit parking on both sides of a certain section of Mitchell Lane in Bridgehampton.”

 

SUMMARY OF LOCAL LAW

 

The proposed law would prohibit parking on Mitchell Lane in Bridgehampton 1000 feet in either direction from its intersection with Snake Hollow Road.

 

Copies of the proposed local law, sponsored by Councilwoman Nancy Graboski, are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

                                                       

                                                                      BY ORDER OF THE TOWN BOARD                                         

                            TOWN OF SOUTHAMPTON, NEW YORK

                            SUNDY A. SCHERMEYER, TOWN CLERK

 

48. RES-2011-989 : Notice of Public Hearing to Consider Amending Town Code Chapter 312 (Vehicles and Traffic), Section 312-24 to Prohibit Parking on Both Sides Halsey Lane in Bridgehampton Between the Hours of 9 A.M. and 5 P.M.

BE IT HEREBY RESOLVED, that the Town Board directs that a public hearing shall be held on October 25, 2011 at 6:00 p.m. at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a proposed local law entitled: “A LOCAL LAW amending Southampton Town Code Chapter 312 (Vehicles and Traffic), Section 312-24 to prohibit parking on both sides of Halsey Lane in Bridgehampton between the hours of 9a.m. and 5 p.m.", which provides as follows:

 

LOCAL LAW NO.  OF 2011

 

A LOCAL LAW amending Southampton Town Code Chapter 312 (Vehicles and Traffic), Section 312-24 to prohibit parking on both sides of Halsey Lane in Bridgehampton between the hours of 9 a.m. and 5 p.m.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  Amendment.

 

Section §312-24 of Article V (Parking Prohibited in Designated Locations) of Chapter 312 (Vehicles and Traffic) of the Code of the Town of Southampton is hereby amended by adding the underlined words and deleting the stricken words as follows:

 

§312-24.  Bridgehampton, Sagaponack 

 

A. The parking of vehicles is hereby prohibited in the following locations: 

 

(5) On the east and west sides of Halsey Lane for a distance of 150 feet south from the intersection of Montauk Highway (N.Y.S. Route No. 27), except Sundays between the hours of 9 a.m. and 5 p.m.

 

SECTION 2.  Authority.

 

The Town Board is authorized to establish and promulgate rules and regulations regarding parking pursuant to New York State Town Law §130 and New York State Vehicle and Traffic Law §1660.

 

SECTION 3.  Severability.

 

If any section or subdivision, paragraph, clause, phrase of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

 

SECTION 4.  Effective Date.

 

This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.

 

AND BE IT FURTHER RESOLVED that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing:

 

NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on October 25, 2011 at 6:00 p.m. at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against “A LOCAL LAW amending Southampton Town Code Chapter 312 (Vehicles and Traffic), Section 312-24 to prohibit parking on both sides of Halsey Lane in Bridgehampton between the hours of 9 a.m. and 5 p.m.”

 

SUMMARY OF LOCAL LAW

 

The proposed law would prohibit parking on Halsey Lane in Bridgehampton between the hours of 9 a.m. and 5 p.m.

 

 

Copies of the proposed local law, sponsored by Councilwoman Nancy Graboski, are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

                                                       

                                                                      BY ORDER OF THE TOWN BOARD                                         

                            TOWN OF SOUTHAMPTON, NEW YORK

                            SUNDY A. SCHERMEYER, TOWN CLERK

 

49. RES-2011-990 : Notice of Public Hearing to Consider Amending Town Code Chapter 312 (Vehicles and Traffic), Section 312-24 to Prohibit Parking on Both Sides of Snake Hollow Road in Bridgehampton

BE IT HEREBY RESOLVED, that the Town Board directs that a public hearing shall be held on October 25, 2011 at 6:00 p.m. at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a proposed local law entitled: “A LOCAL LAW amending Southampton Town Code Chapter 312 (Vehicles and Traffic), Section 312-24 to prohibit parking on both sides of  Snake Hollow Road in Bridgehampton", which provides as follows:

 

LOCAL LAW NO.  OF 2011

 

A LOCAL LAW amending Southampton Town Code Chapter 312 (Vehicles and Traffic), Section 312-24 to prohibit parking on both sides of Snake Hollow Road in Bridgehampton.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

SECTION 1.  Amendment.

 

Section §312-24 of Article V (Parking Prohibited in Designated Locations) of Chapter 312 (Vehicles and Traffic) of the Code of the Town of Southampton is hereby amended by deleting the stricken words as follows:

 

§312-24.  Bridgehampton, Sagaponack 

 

A. The parking of vehicles is hereby prohibited in the following locations: 

 

(20) On the east and west sides of Snake Hollow Road from 200 ft South of the railroad track crossing to its intersection with Mitchell Lane.

 

SECTION 2.  Authority.

 

The Town Board is authorized to establish and promulgate rules and regulations regarding parking pursuant to New York State Town Law §130 and New York State Vehicle and Traffic Law §1660.

 

SECTION 3.  Severability.

 

If any section or subdivision, paragraph, clause, phrase of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

 

SECTION 4.  Effective Date.

 

This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.

 

AND BE IT FURTHER RESOLVED that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing:

 

NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on October 25, 2011 at 6:00 p.m. at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against “A LOCAL LAW amending Southampton Town Code Chapter 312 (Vehicles and Traffic), Section 312-24 to prohibit parking on both sides of Snake Hollow Road in Bridgehampton.”

 

SUMMARY OF LOCAL LAW

 

The proposed law would prohibit parking on Snake Hollow Road in Bridgehampton.

 

Copies of the proposed local law, sponsored by Councilwoman Nancy Graboski, are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

                                                       

                                                                      BY ORDER OF THE TOWN BOARD                                         

                            TOWN OF SOUTHAMPTON, NEW YORK

                            SUNDY A. SCHERMEYER, TOWN CLERK

 

 

50. Add Resolution No. 2011-991
51. RES-2011-991 : Resolution Memorializing the Town of Southampton's Request for State Legislation to Implement the 2012 Reorganization and Retirement Incentive Program

WHEREAS, the Town of Southampton is currently seeking to implement many cost saving measures including the consolidation of government services as part of the 2012 Tentative Budget; and

 

WHEREAS, to best achieve this goal, the Town would like to implement the 2012 Reorganization and Retirement Incentive Program for eligible employees; and

 

WHEREAS, the Town would issue a up to ten (10) year term bond to amortize the costs incurred by this program; and

 

WHEREAS, in order to implement the Reorganization and Retirement Incentive Program, New York State legislation is required to allow the Town to achieve a reduction in work force and realize an ongoing net savings through a plan that will be least disruptive to the employees; and

 

WHEREAS, New York State legislation is required to amend the Local Finance Law, in relation to providing for a period of probable usefulness to the payment for a separation incentive program by the Town, to be spread out over a up to ten year period; and

 
RESOLVED, that the Town Board of the Town of Southampton hereby requests state legislation to amend the Local Finance Law, in relation to providing for a period of probable usefulness to the payment for a 2012 Reorganization and Retirement Incentive Program by the Town, to be spread out over an up to ten year period; and be it further

 

RESOLVED, that the Town Clerk shall forward a copy of this resolution to Assemblyman Fred Thiele, Jr., and Senator Kenneth P. LaValle.

52. Add Resolution No. 2011-992
53. RES-2011-992 : Notice of Public Hearing Regarding Unsafe and Dangerous Conditions at 48 Old Quogue Road, Riverside, New York

WHEREAS, the Chief Fire Marshall has inspected the premises known as 48 Old Quogue Road, Riverside, New York, SCTM#0900-139-3-20.2; and

WHEREAS, the Chief Fire Marshall has submitted a report dated October 5, 2011 to the Town Board which describes the lack of maintenance and the unsafe and dangerous conditions of the structure located at 48 Old Quogue Road, Riverside, New York; now, therefore, be it

RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on November 9, 2011 at 1:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons for or against, to determine whether the property is properly maintained and whether hazardous or unsafe conditions exist at 48 Old Quogue Road, Riverside, New York; and be it further

RESOLVED, that, pursuant to Town Code Chapter 128, the Chief Fire Marshall is hereby authorized to serve a notice dated October 5, 2011, upon the owner of the subject property, setting a public hearing on November 9, 2011, at 1:00 p.m. at Town Hall, 116 Hampton Road, Southampton, New York, to determine whether the structure is in an unsafe or dangerous condition; and be it further

RESOLVED, should a determination be made pursuant to Southampton Town Code Chapter 128 that the structure is in an unsafe or dangerous condition, the Office of the Town Attorney and Department of Fire Prevention shall take whatever steps are necessary to secure the building and to otherwise bring the property into conformance with the standards of Chapter 128; and be it further

RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing:

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE, that a public hearing will be held by the Town Board of the Town of Southampton on November 9, 2011 at 1:00 p.m. at Southampton Town Hall, 116 Hampton Road, Southampton, New York, for the following purpose:

To consider whether the premises known as 48 Old Quogue Road, Riverside, New York, SCTM# 0900-139-20.2-2, is properly maintained and whether health and safety hazards exist and should a determination be made pursuant to Southampton Town Code Chapter 128 that said premises is not properly maintained and that unsafe and dangerous conditions exist, to direct the Town Attorney and the Chief Fire Marshall to take whatever steps are necessary to bring the property into conformance with the standards of Southampton Town Code Chapter 128.

 

                                                                                                  BY ORDER OF THE TOWN BOARD

                                                                                                  TOWN OF SOUTHAMPTON, NEW YORK

                                                                                                  SUNDY A. SCHERMEYER, TOWN CLERK

 

54. Add Resolution No. 2011-993
55. Amend Resolution No. 2011-993
56. RES-2011-993 : Recall and Amend Town Board Resolution No. 765 of 2011

WHEREAS, on July 26, 2011, by Resolution No. 765 of 2011, the Town Board of the Town of Southampton adopted the budget process schedule for 2012; and

 

WHEREAS, since that time, the Town Board has decided that, in the interest of transparency and participatory government, additional special Town Board meetings on the budget are necessary in order to increase the opportunity for the public to comment; now therefore be it

 

RESOLVED, that the Town Board of the Town Board of Southampton hereby amends the 2012 Budget process schedule and adopts the following revised timeline:

 

 

Friday, October 14, 2011              Special Town Board meeting at 10 a.m. to consider the Tentative budget.

 

Friday, October 21, 2011              Special Town Board meeting at 1 p.m. to consider the Tentative budget.

 

Tuesday, October 25, 2011              At regular Town Board meeting at 6 p.m., convert the Tentative Budget to the Preliminary Budget and schedule a public hearing on the Preliminary Budget for November 9, 2011 (TL §§106(4) and 108).

·              Requires 5 days notice in the newspaper. 

 

Friday, October 28, 2011              Special Town Board meeting at 10 a.m. to consider the

              Tentative budget.

 

Friday, November 4, 2011              Special Town Board meeting at 1 p.m. to consider the Tentative budget.

 

Wednesday, November 9, 2011              At regular Town Board meeting at 1 p.m., Public Hearing on the 2012 Preliminary Budget (TL §108)

 

Thursday, November 10, 2011              Special Town Board meeting at 10 a.m. to consider the Preliminary Budget.

 

Tuesday, November 15, 2011              Special Town Board meeting at 6 p.m. to consider amendments to the Preliminary Budget.

·              Public hearing may not be adjourned beyond this date (TL §108).

 

Friday, November 18, 2011              At regular Town Board meeting at 1 p.m., adoption of the 2012 Operating Budget (TL §109).

 

 

AND BE IT FURTHER RESOLVED, that the schedule for the consideration of the special district budgets shall remain unchanged and as described in Resolution No. 765 of 2011.

 

 

 

VII. Closing
1. Adjourn



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