Southampton Town Board
Regular Town Board Meeting
3/27/2012 6:00 PM
Town Hall - Town Board Room
116 Hampton Road   Southampton, NY 11968
I. Call to Order
1. Roll Call
2. Statement
II. Minutes Approval
1. Minutes of Mar 13, 2012 1:00 PM
2. Minutes of Mar 23, 2012 11:00 AM
III. Communications
A. Public Notices
1. Suffolk County Planning
2. Village of Sag Harbor
3. Liquor License Renewals / Applications
4. Letters / Petitions
B. Bid Openings
1. Bid Openings - March 2012
C. Reports
1. Town Deputy Comptroller:
IV. Public Hearings
1. Notice Public Hearing to Acquire an Interest in La
2. Set PH Accept Dedications BH Road Races Corp. Sub
V. Public Portion
VI. Resolutions
1. RES-2011-1181 : Amend 2011 Adopted Budget and Allocate the 2011 Mortgage Tax Receipts to the Police Fund and Zoning Fund

WHEREAS, the Town of Southampton receives Mortgage Tax Receipts and Suffolk County allocates a portion of those tax receipts to the Villages within the Town of Southampton; and

 

WHEREAS, the Town of Southampton expects to receive Mortgage Tax Receipts in excess of the 2011 budget of approximately $480,000; and

 

WHEREAS, Town Board Resolution 2011-1152 required any 2011 Mortgage Tax Receipts in excess of the 2011 Budget to be put towards fund balance improvements; and

 

WHEREAS, the Town Board of the Town of Southampton wishes to allocate a portion of 2011 Mortgage Tax Receipts to the Part-Town Police Tax District in the amount of $350,000 and Part Town Zoning Tax District in the amount of $130,000 to enhance fund balance; now therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton directs the Town Comptroller to transfer 2011 Mortgage Tax Receipts to the Part-Town Police Tax District in the amount of $350,000 and to the Part Town Zoning Tax District in the amount of $130,000 to be restricted for the purposes of enhancing the fund balance; and

 

BE IT FURTHER RESOLVED, that the Town Comptroller is directed to make all budgetary and accounting entries necessary to execute.

2. RES-2012-388 : Authorize Intermunicipal Agreement with Village of Westhampton Beach
WHEREAS, the Town of Southampton desires to enter into an Intermunicipal Agreement with the Village of Westhampton Beach for the provision of waste management services by the Town to the Village and police services to be rendered by the Village to the Town in certain areas; and

WHEREAS, General Municipal Law Section 119-0 and the New York Constitution, Article 8, Section 1, authorize the Town to enter into Intermunicipal Agreements involving any function, service or activity it is empowered to perform on its own; and

WHEREAS, the Village has agreed to compensate the Town for all such functions and services by agreeing to the Town's retention of property taxes collected and to be collected from property owners in the Village; and

WHEREAS the Town Board finds this agreement to be in the best interests of the citizenry of the Town of Southampton; now, therefore, be it

RESOLVED, that the Town Board authorizes the Supervisor to execute the new Intermunicipal Agreement, with the Village of Westhampton Beach subject to the approval of the form of the agreement by the Office of the Town Attorney.

3. RES-2012-389 : Authorize NYS Fresh Connect Grant Application to Help Fund Flanders Farm Fresh Food Market
WHEREAS, the Town has identified a grant opportunity through the New York State Department of Agriculture and Markets; and

WHEREAS, the Fresh Connect Program aims to enhance nutrition and economic health in New York State by creating access to locally grown, fresh foods by low-income and/or underserved communities across New York State; providing additional opportunities for New York farmers to sell locally grown products; establishing a framework that will make funded projects viable and replicable; and complementing existing nutrition program objectives with respect to serving nutritionally at-risk consumers and benefiting New York farmers; and

WHEREAS, a total of $300,000 has been made available statewide for the program, with grants not to exceed the lesser of seventy-five percent (75%) of the total project cost or ten thousand dollars ($10,000); and

WHEREAS, applicants must provide a match of at least twenty-five percent (25%) of the total project cost in cash and/or in-kind services, with the match being provided by the applicant or other supporters of the project; and

WHEREAS, based on the 2011 market figures, sponsorships and in-kind contributions for 2012 are estimated to be $24,375; and

WHEREAS, the grant application deadline is Monday, April 2, 2012, by which date the completed grant application must be in Albany (electronic submissions are not accepted); and

WHEREAS, the Fresh Connect Program matches the Flanders Farm Fresh Food Project/Market run by the Town last year at the David Crohan Center in Flanders, and local government entities are eligible to apply to this program; and

WHEREAS, the Town calculates the Flanders Farm Fresh Food Project to cost $19,050, without calculating the sale of produce and vegetables; without calculating the donations from local business partners; and without calculating the possibility of the $10,000 NYS grant. Therefore, be it

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Town Supervisor to apply for grant funding from the New York State Department of Agriculture and Markets, and to sign any and all forms necessary to the application.
4. RES-2012-390 : Authorize Renewal and Extension of Inter-Municipal Agreement with the Village of Sagaponack for the Continuation and Provision of Certain Municipal Services

 

 

 

WHEREAS, the Village of Sagaponack (the “Village”) was incorporated on September 27, 2005, and is located within the Town of Southampton (the “Town”); and

 

WHEREAS, on April 28, 2006, pursuant to the New York State Constitution, Article 8, §1, and General Municipal Law §5-G, the Town and the Village entered into an Inter-Municipal Agreement (“IMA”) for the continuation and provision of certain municipal services; and

 

WHEREAS, thereafter, on April 7, 2008, the Town and the Village entered into a supplemental, amendatory IMA; and

 

WHEREAS, the terms of said IMA provided that the Agreement shall be for  five (5) years, commencing January 1, 2008, and shall automatically renew and extend its term for one (1) year periods beginning January 1, 2013, absent cancellation by either party no later than August 1st of any year; and

 

WHEREAS, both the Town and the Village seek to renew and extend the IMA for an additional year; and

 

WHEREAS, given the Village’s fiscal year, it is appropriate that this agreement to continue be memorialized as soon as possible; now therefore be it

 

RESOLVED, that the Town Board hereby authorizes the renewal and extension of the Inter-Municipal Agreement with the Village of Sagaponack, and the Supervisor is hereby authorized to execute a contract entitled, “Inter-Municipal Agreement between the Town of Southampton and the Village of Sagaponack for the Continuation and Provision of Certain Municipal Services.” 

 

5. RES-2012-391 : Authorize Supervisor to Sign Contract with Suffolk County Office for the Aging to Receive Senior Citizen Nutrition Program Funding

WHEREAS, the Town of Southampton has been receiving funding through the Suffolk County Office for the Aging for the Senior Nutrition Program in previous years pursuant to a contract, most recently extended by resolution 2011-169; and

 

WHEREAS, there are no remaining extension options available under the Town's most recent contract with the County; and

 

WHEREAS, the Town is in need of funding to operate its nutritional programs and is desirous of entering an agreement to obtain funding for services for the minimum term of January 1, 2012 through December 31, 2012; and

 

WHEREAS Suffolk County has proposed an agreement to provide funding for this minimum term which also includes an option, solely at the discretion of the County, for the agreement to be extended for four (4) additional  one-year terms, which if fully extended, would run through December 31, 2016; and

 

WHEREAS, this contract will provide up to $281,932.00 for the Congregate Program for the Bridgehampton, Hampton Bays, and Flanders Senior Centers and up to $473,242.00 for the Home Delivered Meals Program for the Bridgehampton, Hampton Bays, and Flanders Programs and up to $13,699.00 for the Shinnecock Congregate Nutrition Program and up to $10,257.00 for the Shinnecock Home Delivered Meal Program and up to $73,665.00 for the Moriches Home Delivered Meals Program, for a total of up to a maximum of $852.785.00 in revenue to the Town of Southampton; now be it

 

RESOLVED, that the Town Board authorizes the Supervisor to execute a contract with the Suffolk County Office for the Aging to provide funding to the Town for nutritional services for a minimum term of January 1, 2012 through December 31, 2012.

 

6. RES-2012-392 : Authorize the East Quogue Fire Department to Utilize the Bay Avenue Marina, in East Quogue, for Rescue Craft

 

 

 

WHEREAS, on October 24, 2006, by Resolution No. 1359 of 2006, the Town Board of the Town of Southampton authorized the Community Preservation Fund (CPF) to acquire property located at 33 Bay Avenue in the hamlet of East Quogue, for recreational purposes; and 

 

WHEREAS, a portion of this property, known as the Bay Avenue Marina, includes a floating dock marina with twelve slips, which is managed by the Town’s Parks and Recreation Department; and

 

WHEREAS, recently, the East Quogue Fire Department (“EQFD”), asked if it could utilize a slip at the marina, free of charge; and

 

WHEREAS, the EQFD provides both Fire and Emergency Medical Services to the hamlet of East Quogue on a volunteer basis, seven days a week, twenty-four hours a day; and

 

WHEREAS, indeed, because the hamlet of East Quogue has a population of approximately 5,000 residents, which swells to approximately three times that during the summer months, the EQFD typically answers a distress call at least once a day; and

 

WHEREAS, the EQFD is seeking to utilize a slip at the Town-owned Bay Avenue Marina to dock its seventeen-foot Zodiac Rescue boat from May 1st to November 1st, (hereinafter, "the season"); and

 

WHEREAS, having the EQFD rescue boat docked at the Bay Avenue Marina would allow the Fire Department to respond to and reach residents in a quicker and safer manner; and

 

WHEREAS, the Superintendent of Parks and Recreation recommends that the EQFD be allowed to utilize one slip for its rescue boat for the season; now therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the East Quogue Fire Department to utilize one slip at the Town-owned Bay Avenue Marina in the hamlet of East Quogue for the docking of the Fire Department’s seventeen-foot Zodiac Rescue boat from May 1st to November 1st, or the season, free of charge; and let it be

 

FURTHER RESOLVED, that the Supervisor is authorized to sign an Inter Municipal Agreement, and any other necessary documents with the East Quogue Fire Department to effectuate this arrangement.

 

 

 

 

7. RES-2012-393 : Authorize the Supervisor to Execute 2012 Hamlet Services Grants for Various Community and Civic Organizations in the Hamlet of East Quogue

WHEREAS, the Town has budgeted funds in the 2012 Operating Budget for the maintenance of certain improvements within the hamlets of the Town; and

 

WHEREAS, the Village of East Quogue Beautification Committee, Inc., the East Quogue Civic Association, and the East Quogue Chamber of Commerce have submitted letters to the Town requesting 2012 funding for their ongoing commitments to maintaining hamlet enhancement and beautification projects, such as seasonal plantings and tree pruning to beautify Main Street in East Quogue, decoration of the Hamlet Green for the holidays, and summer concerts; and

 

WHEREAS, the Supervisor has available in the 2012 Operating Budget up to $1,000 in a Hamlet Services Grant Program for each community planning area to use for such purposes; and now, therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute agreements, which shall be prepared by the Office of Contracts Administration in the form of a Hamlet Services Agreement, as per the following:

 

Village of East Quogue Beautification Committee              $400.00 for seasonal plantings/pruning

East Quogue Civic Association                                          $300.00 for summer concerts

East Quogue Chamber of Commerce              $300.00 for various community events/decorations;

 

and be it further

 

RESOLVED, that per the Town Comptroller, no payment shall be made without a fully executed agreement. The source of funding for this grant shall be Supervisor - Contracts - Hamlet Services  G/L #01-99-1220-01-6401-0001 in an amount not to exceed $1,000.00.

 

 

8. RES-2012-394 : Authorize the Supervisor to Execute a 2012 Park District Grant with Water Mill Community Club for the Beautification and Cultural Development of the Water Mill Community Club

WHEREAS, the Water Mill Park District was established to enable the Town to raise and provide funds specifically targeted for the beautification and cultural development of Water Mill; and

 

WHEREAS, funds for these endeavors have been earmarked in the 2012 budget; and

 

WHEREAS, the 2012 budget for the Water Mill Park District allocates $80,000.00 to the Water Mill Community Club for expenses associated with the beautification and cultural development of the Community Club's upkeep; and

 

WHEREAS, the Water Mill Community Club is considered a community and cultural resource for the people of Water Mill and requires maintenance to preserve the integrity of the club; now therefore, be it

 

RESOLVED, that the Town Board hereby authorizes the Supervisor to sign a 2012 grant agreement with the Water Mill Community Club for $80,000, for the expenses associated with the beautification and cultural development of the Water Mill Community Club, such agreement shall be prepared by the Office of Contracts Administration with an expiration date of December 31, 2012. The source of funding for this agreement shall be Water Mill Park District - Contracts G/L# SP-99-P010-51-6488-0000 in an amount not to exceed $80,000.00.

9. RES-2012-395 : Authorize the Supervisor to Execute a 2012 Park District Grant with Water Mill Museum for the Maintenance and Upkeep of the Water Mill Museum

WHEREAS, the Water Mill Park District was established to enable the Town to raise and provide funds specifically targeted for the beautification and cultural development of Water Mill; and

 

WHEREAS, funds for these endeavors were earmarked in the 2012 budget; and

 

WHEREAS, the 2012 budget for the Water Mill Park District allocates $70,000.00 for grants to the Water Mill Museum for expenses associated with the upkeep and maintenance of the museum; and

 

WHEREAS, the Water Mill Museum is considered a community and cultural resource for the people of Water Mill and requires maintenance to preserve its integrity; now therefore, be it

 

RESOLVED, that the Town Board hereby authorizes the Supervisor to sign a 2012 grant agreement with the Water Mill Museum for $70,000.00, for the upkeep and maintenance of the Water Mill Museum which shall be prepared by the Office of Contracts Administration with an expiration date of December 31, 2012. The source of funding for this agreement shall be Water Mill Park District - Contracts G/L# SP-99-P010-51-6487-0000 in an amount not to exceed $70,000.00.

10. RES-2012-396 : Authorize the Supervisor to Execute a 2012 Park District Grant with Water Mill Village Improvement Association for the Beautification and Cultural Development of Water Mill Hamlet Center

WHEREAS, the Water Mill Park District was established to enable the Town to raise and provide funds specifically targeted for the beautification and cultural development of Water Mill Hamlet Center; and

 

WHEREAS, funds for these endeavors were earmarked in the 2012 budget; and

 

WHEREAS, the 2012 budget for the Water Mill Park District allocates $25,000.00 for grants to the Water Mill Village Improvement Association for expenses associated with the beautification and cultural development of Water Mill Hamlet Center; and

 

WHEREAS, the community members have come to expect the Park District areas within Water Mill to be attractive and welcoming to residents and visitors, and the tasks undertaken by the Water Mill Village Improvement Association accomplish that goal; therefore, be it

 

RESOLVED, that the Town Board hereby authorizes the Supervisor to sign a 2012 grant agreement with the Water Mill Village Improvement Association for $25,000.00, for the beautification and cultural development of Water Mill Hamlet Center, such agreement shall be prepared by the Office of Contracts Administration with an expiration date of December 31, 2012. The source of funding for this agreement shall be Water Mill Park District - Contracts G/L# SP-99-P010-51-6489-0000 in an amount not to exceed $25,000.00.

11. RES-2012-397 : Authorize the Supervisor to Execute a 2012 Parking District Grant with Hampton Bays Beautification Association for the Maintenance and Upkeep of the Main Street Business District and Public Parking Areas

WHEREAS, the Hampton Bays Parking District was established to enable the Town to raise and provide funds specifically targeted for the beautification and upkeep of Main Street Business and Public Parking Areas in Hampton Bays; and

 

WHEREAS, funds for these projects have been earmarked in the 2011 budget; and

 

WHEREAS, the 2012 budget for the Hampton Bays Parking District allocates $5,900.00 for grants for the Hampton Bays Beautification Association for expenses associated with the upkeep and beautification of flowers in the following areas:

 

Train Station at Good Ground Road;

Pocket Park;

Hampton Bays Post Office;

Several Locations on Main Street;

 

WHEREAS, these locations are considered by the community to be a gateway to the hamlet and as such should be maintained in an attractive manner; now therefore, be it

 

RESOLVED, that the Town Board hereby authorizes the Supervisor to sign a 2012 grant agreement with the Hampton Bays Beautification Association for $5,900.00, for expenses associated with the upkeep and beautification of flowers, such agreement shall be prepared by the Office of Contracts Administration with an expiration date of December 31, 2012. The source of funding for this agreement shall be Hampton Bays Parking District - Contracts G/L# ST-99-T003-50-6479-0000 in an amount not to exceed $5,900.00.

12. RES-2012-398 : Authorize the Supervisor to Execute a Contract Extension with Chaah's LLC. for the Mobile Food Concession at Sagg Main Beach

WHEREAS, pursuant to resolution 2008-743, the Town of Southampton executed a contract with Chaah's LLC. for the Mobile Food Concession at Sagg Main Beach; and

 

WHEREAS, the original term of the contract expired on December 31, 2011; and

 

WHEREAS, the contract contains an option provision allowing the Town to extend the existing contract for three (3) additional, one (1) year terms, this being the first extension; and

 

WHEREAS, the Superintendent of Parks and Recreation recommends that the option be exercised and this contract be extended to December 31, 2012; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute this first contract extension with Chaah's LLC., this extension agreement shall be prepared by the Office of Contracts Administration and per the Town's Comptroller, no purchase order shall be issued and no payment shall be made until the Town is in receipt of a fully executed extension agreement. This an income generating agreement in the amount of $5,150.00 to be paid to the Town per year, these monies shall be deposited into Parks and Recreation Department, Beach Operations Division G/L #21-99-7180-21-2011-0000.

13. RES-2012-399 : Authorize the Supervisor to Execute a Contract Extension with JR Water Corp. for the On-Site Food Concession at Ponquogue Beach

WHEREAS, pursuant to resolution 2009-593, the Town of Southampton executed a license agreement with JR Water Corp. for the On-site Food Concession at Ponquogue Beach; and

 

WHEREAS, the original term of the agreement expired on December 31, 2011; and

 

WHEREAS, the license agreement contains an option provision allowing the Town to extend the existing contract for three (3) additional, one (1) year terms, this being the first extension; and

 

WHEREAS, the Superintendent of Parks and Recreation recommends that the license agreement option be exercised and the agreement be extended to December 31, 2012; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute this first contract extension with JR Water Corp., this extension agreement shall be prepared by the Office of Contracts Administration and per the Town's Comptroller, no purchase order shall be issued and no payment shall be made until the Town is in receipt of a fully executed extension agreement. This an income generating agreement in the amount of $56,100.00 to be paid to the Town per year, these monies shall be deposited into Parks and Recreation Department, Beach Operations Division G/L #21-99-7180-21-2011-0000.

14. RES-2012-400 : Authorize the Supervisor to Execute a Contract Extension with The Nice Cream Truck for the Mobile Food Concession at Mecox Beach

WHEREAS, pursuant to resolution 2009-456, the Town of Southampton executed a contract with John Broich for the mobile food concession at Mecox Beach; and

 

WHEREAS, the original term of this contract expired on December 31, 2011, the contract also contains a clause that the Town shall have the option to extend this contract for three (3) additional one (1) year terms; and

 

WHEREAS, resolution 2010-778 adopted on August 10, 2010 authorized this contract to be assigned to The Nice Cream Truck upon the same terms and conditions as the original contract awarded under Resolution 2009-456; and

 

WHEREAS, the Superintendent of Parks and Recreation recommends that this contract be extended to December 31, 2012, this being the first contract extension under the original contract; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a first contract extension with The Nice Cream Truck, this extension agreement shall be prepared by the Office of Contracts Administration and per the Town's Comptroller, no purchase order shall be issued and no payment shall be made until the Town is in receipt of a fully executed extension agreement. The revenues collected under this agreement shall be deposited into Parks and Recreation Department, Beach Operations Division G/L #21-99-7180-21-2011-0000 in the amount of $1,003.00 per season.

15. RES-2012-401 : Authorize the Supervisor to Execute a Second Extension with DMD Designs for the Mobile Food Concession Located at Pikes Beach

WHEREAS, pursuant to resolution 2008-741, the Town of Southampton entered into a contract with DMD Designs for the mobile food concession at Pikes Beach; and

 

WHEREAS, resolution 2009-794 amended the contract pursuant to resolution 2008-741, and provided for a contract term for a period three (3) years with the option to renew the contract for three (3) additional one (1) year terms; and

 

WHEREAS, by resolution 2011-428, the Town exercised its option and extended the contract for a one year term ending December 31, 2011, that being the first extension exercised; and

 

WHEREAS, the Parks and Recreation Department recommends that the Town's second option to extend the term of the agreement with DMD Designs be exercised, extending the term until December 31, 2012; and

 

WHEREAS the Town, at their sole discretion, shall have the option to extend this contract for only one more additional one year term prior to it being re-bid upon completion of the term authorized herein; and   

 

WHEREAS, based on the recommendation of the Superintendent of Parks and Recreation that the contract for the mobile concession at Pikes Beach be extended upon the terms of the original contract; now therefore, be it     

 

RESOLVED, that the Town Board of the Town of Southampton hereby exercises its second option and authorizes the Supervisor to execute a second contract extension option agreement with DMD Designs for the Mobile Food Concession at Pikes Beach, extending the term of the original agreement until December 31, 2012, all other terms and conditions remaining the same. The revenues collected under this agreement shall be deposited into Parks and Recreation Department, Beach Operations Division G/L #21-99-7180-21-2011-0000 in the amount of $2,500.00 per season, with installments due in the amount of $1,250.00 in July and August of 2012.

16. RES-2012-402 : Authorize the Supervisor to Execute an Agreement with L.K. McLean Associates, P.C., for On-Call Engineering Services to be Provided to the Highway Department for Various Town-Wide Projects

WHEREAS, L.K. McLean Associates, P.C. (“McLean”), is familiar with the infrastructure needs of the Town based upon its previous and on-going work with the Highway Department; and

 

WHEREAS, specifically, McLean has provided professional engineering services to the Highway Department which has included, but has not been limited to, providing planning and design services, professional surveying services, construction project monitoring, the acquisition of various permits, managing pavement and drainage systems, and offering technical expertise; and

 

WHEREAS, in addition, McLean has complete familiarity with the unique on-going programs of the Highway Department, including, but not limited to, the Asphalt Repaving Program, the Road Reclamation Program, the Town-wide Drainage Installation Program, the Recharge Basin Maintenance Program, the Pavement Repair Program, and the Micro-surfacing Program; and

 

WHEREAS, the Highway Department seeks to preserve this continuity with McLean for the above professional engineering services as it relates to on-going projects, some in the beginning stages and some in the final phases; and 

 

WHEREAS, because the existing contract with McLean for said on-call services expired December 31, 2011, a new contract between the Town and McLean is now necessary; and

 

WHEREAS, by way of this resolution, the Highway Department also seeks approval to forego the formal RFP process, since the Town’s best interests would be served in engaging the services of McLean without a formal RFP, maintaining consistency on current projects and ensuring proven expertise on future projects; now therefore be it

 

RESOLVED, per the recommendation of the Highway Superintendent, the Town Board hereby authorizes the Supervisor to execute a contract with L.K. McLean Associates, P.C., for on-call engineering services to be provided to the Highway Department for various Town-wide projects and, in connection with this contract and due to time constraints, further authorizes the Highway Department to forego the formal RFP process in approving said action; and be it further

 

RESOLVED, that the source of funding shall be various Highway Department Capital Projects in the amount of $300,000.00, not to exceed individual Capital Project Budgets.  Per the Town Comptroller, no purchase order shall be issued and no payment shall be made without a fully executed contract.

17. RES-2012-403 : Authorize the Supevisor to Execute a Contract with Bollam, Sheedy & Torani & Co., LLP (BST) for the AFRUD of the Town for the Year Ended December 31, 2011

WHEREAS, the Town of Southampton has retained outside services to assist in the preparation and filing of the New York State Comptroller's Office Annual Financial Report Update Document (AFRUD); and

 

WHEREAS, Bollam, Sheedy & Torani & Co., LLP (BST) is familiar with the Town of Southampton's process and is able to assist the Town with this task, the Town Comptroller's Office recommends that the Town execute a contract with BST to assist in the preparation and filing the AFRUD for fiscal year 2011; and

 

WHEREAS, the Audit Advisory Committee also recommends that the Town of Southampton execute a contract with Bollam, Sheedy, Torani & Co. LLP (BST) for the preparation and filing of the AFRUD of the Town for the year ended December 31, 2011; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute any and all documents, including the contract with Bollam, Sheedy, Torani & Co. LLP (BST) for the preparation and filing of the AFRUD for the fiscal year ending December 31, 2011, this contract shall be prepared by the Office of Contracts Administration and per the Town Comptroller's Office, no purchase order shall be issued and no payment shall be made without a fully executed contract; be it

 

FURTHER RESOLVED, that the source of funding for this contract shall be G/L #01-99-1315-01-6400-0000 in an amount not to exceed $12,000 which shall include all expenses and costs of said project.

18. RES-2012-404 : Authorize the Village Agreements for Annual Services to be Retroactive from January 1, 2012
WHEREAS, resolution 2012-165 authorized the Supervisor to execute Fire Inspection Agreements with North Haven, Westhampton Beach and Quogue Villages; and

WHEREAS, resolution 2012-166 authorized the Supervisor to execute Home Improvement Services Agreements with North Haven and Quogue Villages; and

WHEREAS, resolution 2012-171 authorized the Supervisor to execute Shared Computer Services Agreements with Sag Harbor, North Haven, Sagaponack, Westhampton Beach and Quogue Villages; and

WHEREAS, resolution 2012-170 authorized the Supervisor to execute Electrical Inspection Services Agreements with North Haven, Westhampton Beach, Sag Harbor, Southampton and Quogue Villages; and

WHEREAS, these contracts provide for continuation of services by the Town to these respective villages and it is vital that these services be continued on an uninterrupted bases and therefore all of these agreements should be retroactively effective from January 1,2012, when these services began to be provided and costs began to be incurred; now therefore, be it

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes that all the foregoing contracts be fully executed as soon as practicable, but that these contracts shall be authorized and be retroactively effective from January 1, 2012 as if they were entered into on said date.
19. RES-2012-405 : Authorize Van Purchase for the Department of Building Maintenance & Facilities Management from New York State Contract
WHEREAS, Town Board Resolution 2012-208 amended the 2012-2017 capital program to include capital project "FM 12.7 Town Maintenance Vehicle" with a 2012 budget of $21,000.00; and

WHEREAS, the Department of Building Maintenance & Facilities Management is in need of a van to replace one that has been de-commissioned by the Town's Central Garage; and

WHEREAS, Hoselton Automall, holds a current New York State Contract for Chevrolet Express Cargo Vans under contract #PC65026 with an associated cost of $19,997.10; and

WHEREAS, funding for this purchase is available in Capital Project-Maintenance Vehicle-Vehicle- G/L # C1-99-C306-00-6201-0000; and

WHEREAS, Town Board Resolution 2011-855 establishes "Green Vehicles" requirements to be complied with when procuring regular passenger vehicles or SUV/light trucks with a gross vehicle weight rating (GVWR) of less then 8,500 pounds; and

WHEREAS, the parameters set forth in Town Board Resolution 2011-855 do not apply, as the vehicle to be purchased is exempt from the standard, as it is a cargo van and has a GVWR of 8,600 pounds; and

WHEREAS, goods procured under a valid County or State contract, require an authorizing resolution be submitted and approved by the Town Board prior to purchasing; now, therefore be it

RESOLVED, as per the recommendation of the Town Maintenance Supervisor, the Town Board authorizes the purchase of a Chevrolet Express Cargo Van from New York State Contract #PC65026, to be obtained thru Hoselton Automall, at a cost of $19,997.10; and, be it further

RESOLVED, that based on this vehicles classification and gross vehicle weight rating (GVWR) its purchase is exempt from the "Green Vehicles" procurement policy standards as set forth by Town Board Resolution 2011-855.
20. RES-2012-406 : Bridgehampton Park District Grant Agreement with Bridgehampton Historical Society for the Year 2012

WHEREAS, the Bridgehampton Park District was established to enable the Town to raise and provide funds specifically targeted for the beautification and cultural development of areas contained within the Hamlet of Bridgehampton; and

 

WHEREAS, the 2012 budget has earmarked funds for the purposes of beautification; and

 

WHEREAS, the 2012 Park District budget for Bridgehampton allocates $90,000.00 for grants to the Bridgehampton Historical Society, $12,000.00 for expenses associated with the stewardship of the Nathaniel Rogers House (former Hampton House or Hopping House) and $60,000.00 for the Corwith House Museum Complex, a cultural and educational resource for Bridgehampton and $18,000.00 for Historical Society Archive Site; and

 

WHEREAS, the Town Board has found it to be in the public interest to provide financial support for these endeavors to maintain the integrity of these historic buildings; now therefore, be it

 

RESOLVED, that the Town Board hereby authorizes the Supervisor to sign a Park District Grant agreement with the Bridgehampton Historical Society for $90,000.00 to be allocated as follows:  $12,000.00 for expenses associated with the stewardship of the Nathaniel Rogers House (former Hampton House or Hopping House) and $60,000.00 for the Corwith House Museum Complex, a cultural and educational resource for Bridgehampton and $18,000.00 for Historical Society Archive Site this agreement shall be prepared by the Office of Contracts Administration with an expiration of December 31, 2012. The source of funding for this agreement shall be Bridgehampton Park District - Contracts G/L# SP-99-P020-51-6483-0000 in an amount not to exceed $90,000.00.

21. RES-2012-407 : Recall and Amend Resolution 2012-379 Which Authorized the Supervisor to Execute a Contract with Cardo Site Development, Inc. (Cardo) for the Mecox Beach Nourishment Project
WHEREAS, on March 13, 2012, the Town Board of the Town of Southampton adopted resolution number 2012-379 which authorized the Supervisor to execute a contract with Cardo Site Development, Inc. for the Mecox Beach Nourishment Project; and

WHEREAS, the authorization was based on the bids received on February 28, 2012; and

WHEREAS, resolution 2012-379 awarded this project to Cardo indicating that the Town would provide the sand for this project to vendor, (Alternative "A") of the bid package presented to the public, resulting in the amount to be paid to Cardo not to exceed $49,000; and

WHEREAS, due to circumstances out of the Town Board's control, the sand must now be provided by the vendor and the Town's only option is to proceed with the Alternative "B" plan of the bid package presented to the public; and,

WHEREAS, in considering all the bids received on February 28, 2012 for completing the project under Alternative "B" with the vendor providing the sand, Cardo was the lowest responsible bidder with a bid of $98,750; now therefore, be it

RESOLVED, that resolution 2012-379 is hereby recalled and amended to authorize the Mecox Beach Nourishment Project to proceed with Alternative "B"; and be it,

FURTHER RESOLVED, that the Supervisor is authorized, upon counsel with the Office of the Town Attorney, to make and execute all necessary modifications to the contract dated March 14, 2012 between Cardo Site Development, Inc. and the Town to provide for moving forward with the Mecox Beach Nourishment Project in accordance with Alternative "B" as presented in the bid package including authorizing an increase in payment to an amount not to exceed $98,750 to Cardo Site Development, Inc., the lowest responsible bidder for to complete the Alternative "B" project in accordance with the terms of the contract, TIME BEING OF THE ESSENCE; and be it

FURTHER RESOLVED, that this amendment and this resolution will act as authorization for all the foregoing as if originally contained in the amended resolution and all other content contained in resolution 2012-379 shall remain.
22. RES-2012-408 : Farming Opportunities at Town Line Road Parcel, SCTM# 908-4-1-27 - Notice to Bidders

RESOLVED, as per the request of the Community Preservation Department that the Town Clerk be and hereby is authorized to advertise for public bid as per the following:

 

NOTICE TO BIDDERS

 

TAKE NOTICE, that sealed bids will be received by the Town Clerk, Southampton Town Hall, on April 11, 2012 at 2:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

FARMING OPPORTUNITIES AT TOWN LINE ROAD, SCTM# 908-4-1-27

 

Specifications are available beginning on Thursday, April 5, 2012 at 8:30 a.m. online at www.southamptontownny.gov/TownClerk or in person at the Town Clerk's Office, 116 Hampton Road, Southampton between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday, (except Holidays).  These specifications have met with the approval of the Office of Contracts Administration.

 

Each proposal must be submitted in a sealed envelope clearly marked “FARMING OPPORTUNITIES AT TOWN LINE ROAD, SCTM# 908-4-1-27.”

 

The Town Board of the Town of Southampton reserves the right to waive any informalities in bids received, and/or reject any or all bids.

 

                                                                                                  BY ORDER OF THE TOWN BOARD

                                                                                                  TOWN OF SOUTHAMPTON, NEW YORK

                                                                                                  SUNDY A. SCHERMEYER, TOWN CLERK

                           

 

 

23. RES-2012-409 : Supply Groceries, Meat and Produce to the Senior Center(s) within the Town - Notice to Bidders

RESOLVED, as per the request of the Human Services Department that the Town Clerk be and hereby is authorized to advertise for public bid as per the following:

 

NOTICE TO BIDDERS

 

TAKE NOTICE, that sealed bids will be received by the Town Clerk, Southampton Town Hall, on April 18, 2012 at 2:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

Supply Groceries, Meat and Produce to the Senior Center(S)

within the Town

 

Specifications are available beginning on Thursday, April 5, 2012 at 8:30 a.m. online at www.southamptontownny.gov/TownClerk or in person at the Town Clerk's Office, 116 Hampton Road, Southampton between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday, (except Holidays).  These specifications have met with the approval of the Office of Contracts Administration.

 

Each proposal must be submitted in a sealed envelope clearly marked “Supply Groceries, Meat and Produce to the Senior Center(s) within the Town.”

 

The Town Board of the Town of Southampton reserves the right to waive any informalities in bids received, and/or reject any or all bids.

 

                                                                                                  BY ORDER OF THE TOWN BOARD

                                                                                                  TOWN OF SOUTHAMPTON, NEW YORK

                                                                                                  SUNDY A. SCHERMEYER, TOWN CLERK

                           

 

24. RES-2012-410 : 2012 Youth Bureau and Senior Services Budget Transfers to Parks & Recreation for the Winter and Spring Brochures

RESOLVED, as per the recommendation of the Business Administrator, that the Town Board approve the following budget transfer for the purpose of reimbursing the Parks and Recreation budget for advertising costs incurred by Senior Services and the Youth Bureau for inclusion in the Winter and Spring brochures.

 

              FROM CODE                                          DESCRIPTION                                                        AMOUNT

              01-99-6119-01-6468-0000               Youth Bureau Advertising                            $390

              01-99-6772-01-6411-0000              Senior Services Printing                            $2730

             

TO CODE                                          DESCRIPTION                                                        AMOUNT

              01-99-7021-01-6421-0000              Parks and Recreation Advertising              $3120

 

25. RES-2012-411 : Amend 2012 Adopted Budget for the Investigations and Enforcement Unit

WHEREAS, Resolution 2011-538, adopted on May 10, 2011, authorized the purchase of body armor vests for the Investigations and Enforcement Unit to be funded from the Restricted Fund account Enforcement - Quality of Life; and

 

WHEREAS, the purchase of the body armor vests in 2011 did not occur and the funds allocated from the Restricted Fund account Enforcement - Quality of Life closed to Fund Balance at the end of 2011; and

 

WHEREAS, the body armor vests are available for delivery in 2012; now therefore be it

 

RESOLVED, the Town Board of the Town of Southampton hereby authorizes the appropriation of Fund Balance in the amount of $5,710 to Investigations and Enforcement Unit for the purchase of body armor vests that did not occur in 2011; and be it further

 

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

26. RES-2012-412 : Amend 2012-2017 Capital Program for Capital Project Emergency Beach Markers

WHEREAS, the 2012-2017 Capital Program was adopted per Resolution 2011-1188 by the Town Board, as amended, on November 18, 2011; and

 

WHEREAS, Resolution 2012-280, adopted on February 28, 2012, added the Capital Project for Emergency Beach Markers with a 2012 Budget of $2,686.50, from roll forward funds; and

 

WHEREAS, additional funds are required to install the Emergency Beach Markers; and

 

WHEREAS, funding is available from Emergency 911 Dispatch Fund Balance; now therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the appropriation of Emergency 911 Dispatch Fund Balance in the amount of $10,000 for the installation of the Emergency Beach Markers, and the 2012 Capital Budget is increased to $12,686.50, with the 2012 Capital Program and Budget amended accordingly; and be it further

 

RESOLVED, that the Town Comptroller is hereby authorized to make all budgetary and accounting entries necessary to execute the purposes of this resolution.

27. Amend Resolution No. 2012-413
28. RES-2012-413 : Amend Resolution 2012-192 Add Capital Project Mecox Renourishment

WHEREAS, on February 14, 2012 the Town Board of the Town of Southampton adopted Resolution 2012-192 and added Capital Project Mecox Renourishment to the 2012-2017 Capital Program; and

 

WHEREAS, this project was established with a budget of $60,000 to be funded from an appropriation of General Fund Balance; and

 

WHEREAS, the original budget did not include the purchase of sand; and

 

WHEREAS, the project budget needs to be increased by $60,000 to fund the purchase of sand for the renourishment; and

 

WHEREAS, the additional $60,000 will be funded from an appropriation of General Fund Balance; now therefore be it

 

RESOLVED, the Town Board of the Town of Southampton hereby authorizes the appropriation of General Fund Balance in the amount of $60,000 and the 2012 Capital Budget for Capital Project Mecox Renourishment is amended from $60,000 to $120,000; and be it further

 

RESOLVED, Resolution 2012-192 is hereby amended to increase the budget from $60,000 to $120,000; and be it further

 

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

29. RES-2012-414 : Warrant #6, Capital #6, CPF #6, March 27, 2012

RESOLVED, per the recommendation and approved by the Town Comptroller, the following vendor payment warrants dated March 27, 2012 be approved in the amount of:

 

Warrant #6                             $ 383,915.42

 

Capital #6                            $ 103,647.64

 

CPF #6                            $ 3,000.00

 

Payroll Liability               $ 874,950.52

 

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

 

Date

Check Number

Vendor

Amount

3-15-12

Wire Transfer

MTA Payroll Tax

$ 5,406.90

3-15-12

Wire Transfer

NYS Payroll Tax

$ 80,455.64

3-15-12

Wire Transfer

Federal Tax & FICA

$ 435,842.37

3-30-12

Wire Transfer

Bond Principal and Interest

$ 121,765.63

3-30-12

Wire Transfer

CPF Bond Principal and Interest

$ 1,210,967.45

3-22-12

Misc Checks

LIPA

$ 58,015.63

3-15-12

300

Town of Southampton (CPF)

$ 33,752.21

3-15-12

301

Town of Southampton (CPF)

$ 33,765.27

3-19-12

19562

American Towers Inc.

$ 6,284.31

3-21-12

19565

James Perini

$ 7,350.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

$ 1,993,605.41

* - 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 #6, Capital #6, and CPF #6.

 

30. RES-2012-415 : Authorize Additional Funds for Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP as it Relates to the Matter of Serenity, LLC v. Town of Southampton

WHEREAS, on April 12, 2011, by Resolution No. 462 of 2011, the Town Board of the Town of Southampton retained the firm of Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP (“Twomey, Latham”), to provide legal assistance to the Town in the matter of Serenity, LLC, et al. v. Town of Southampton, et al.; and

 

RESOLVED, that the Town Board hereby authorizes additional funds for Twomey Latham to cover legal fees in the matter of Serenity, LLC, et al. v. Town of Southampton, et al., in the amount of $10,000, with the source of funding Town Attorney Legal Fees, G/L #01-99-1420-01-6430-0000.

 

31. RES-2012-416 : Authorize the Town Attorney to Settle the Claim of Dominick A. DeStefano
BE IT RESOLVED, that the Town Attorney's Office is hereby authorized to settle the claim of
Dominick A. DeStefano with the recommendation to be relayed to the Town Board in Executive Session. The Source of Funding is from the Insurance Judgments and Claims Account G/L No. 01-99-9900-01-6498-0000.
32. RES-2012-417 : Authorize the Town Board to Retain Outside Trial Counsel as it Relates to Henry v. Town of Southampton and Cardo Site Development
RESOLVED, that the Town Board of the Town of Southampton hereby retains the firm of Devitt Spellman Barrett, LLP as trial counsel to represent and assist in the defense of the Town in the matter of Henry v. Town of Southampton and Cardo Site Development set for trial in the New York Supreme Court held in and for the County of Suffolk under Index Number 013128/2008. Cost of this defense is not to exceed $18,000.00. The source of funding is Town Attorney - Legal Fees, G/L #01-99-1420-01-6430-0000.

33. RES-2012-418 : Authorization of Parking Regulations and Cost Reimbursement Waiver for Hampton Bays Beautification Association “Concert Under the Stars” on Friday, August 10, 2012 from 6:30 P.M. to 9:30 P.M. at Ponquogue Beach Pavilion, Dune Road, Hampton Bays

WHEREAS, the Hampton Bays Beautification Association has been approved by the Southampton Town Chief Fire Marshal for a Special Event Permit to be held August 10, 2012 (rain date August 12, 2012) from 6:30 p.m. to 9:30 p.m. at Ponquogue Beach Pavilion, Dune Road, Hampton Bays; and

 

WHEREAS, the Southampton Town Police Department has issued a report dated February 21, 2012 with regards to the requested “No Parking” for this event, and also has issued a Financial Impact Statement for police services of five Traffic Control Officers, four Part Time Police Officers and one Supervisor to assist with traffic and crowd control during the event, impacting Town Police Part Time Salaries G/L #02-99-3120-02-6105-0000 and Town Police Overtime G/L #02-99-3120-02-6101-0000; and

 

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

 

WHEREAS, 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 Police costs as requested by the Hampton Bays Beautification Association; and

 

BE IT FURTHER RESOLVED, that the Southampton Town Board hereby approves the “No Parking” submitted by the Southampton Town Police Department for the Hampton Bays Beautification Association “Concert Under the Stars” to be held August 10, 2012 (rain date August 12, 2012) from 6:30 p.m. to 9:30 p.m. at Ponquogue Beach Pavilion, Dune Road, Hampton Bays as listed below, pursuant to §283-4A:

 

1.              The “No Parking” and “Parking by Permit” regulations at Ponquogue Beach, the overflow lot, Tiana Beach and Marine Park shall be rescinded during the event on Friday, August 10, 2012 from 5:00 p.m. until 12:00 a.m.;

2.              The “No Parking” regulations on Dune Road (North and South side) from Road K east to Road I and the entrance road of Marine Park, be rescinded as deemed necessary by the Police Department during the event Friday, August 10, 2012 from 5:00 p.m. until 12:00 a.m.

 

34. RES-2012-419 : Authorization of Parking Restrictions for “31st Annual Mighty Hamptons Triathlon” on September 9, 2012 from 5:00 A.M. to 1:00 P.M.

WHEREAS, the “31st Annual Mighty Hamptons Triathlon” has been approved by the Southampton Town Police Department for a Parade Permit to be held on September 9, 2012 from 5:00 a.m. to 1:00 p.m. beginning and ending at Foster Memorial Beach, Noyac; and

 

WHEREAS, the Southampton Town Police Department has issued a report dated February 27, 2012 with regards to the requested parking restrictions for this event, and also has issued a Financial Impact Statement for police services of forty-four personnel consisting of Full Time Police Officers, Part Time Police Officers, Traffic Control Officers and other Police Personnel on overtime to assist vehicular and pedestrian traffic during the event, impacting Police Department - Salaries G/L #02-99-3120-02-6100-0000, Police Department - Part Time Salaries G/L #02-99-3120-02-6105-0000, Police Department - Overtime G/L #02-99-3120-02-6101-0000 and Police Department Civilian - Overtime G/L #02-99-3124-02-6101-0000; and

 

WHEREAS, the Southampton Town Bay Constable has issued a report dated February 13, 2012 with regards to this event and issued a Financial Impact Statement for Bay Constable services of a Senior Bay Constable and a Bay Constable on board a patrol vessel for the duration of the swim event for participant safety, impacting Bay Constable - Salaries G/L #01-99-3121-01-6100-0000 and Bay Constable - Overtime G/L #01-99-3121-01-6101-0000; and

 

BE IT RESOLVED, that the Southampton Town Board hereby approves the parking restrictions submitted by the Southampton Town Police Department for the “31st Annual Mighty Hamptons Triathlon” to be held on September 9, 2012 from 5:00 a.m. to 1:00 p.m. beginning and ending at Foster Memorial Beach, Noyac as listed below, pursuant to §283-4A:

1.              The “No Parking” regulation along Long Beach Road will be rescinded on September 9, 2012 as the Police Department deems necessary to accommodate over flow parking of participants and spectators;

2.              On September 9, 2012 Long Beach Road will be closed to vehicular traffic during the event as deemed necessary by the Police Department for the safety of event participants.

 

35. RES-2012-420 : Authorization of Road Closures and Cost Reimbursement Waiver for “Peg Larkin Memorial 5K” on June 3, 2012 from 8:00 A.M. to 12:00 P.M.

WHEREAS, the “Peg Larkin Memorial 5k” has been approved by the Southampton Town Police Department for a Parade Permit to be held on June 3, 2012 from 8:00 a.m. to 12:00 p.m. beginning and ending at the Remsenburg-Speonk Elementary School; and

 

WHEREAS, the Southampton Town Police Department has issued a report dated February 28, 2012 with regards to the requested road closures for this event, and also has issued a Financial Impact Statement for police services of one Sergeant to supervise the event and seven part time Police Officers and/or Traffic Control Officers for two hours to assist vehicular and pedestrian traffic during the event, impacting Town Police - Salaries G/L #02-99-3120-02-6100-0000 and Town Police - Part Time Salaries G/L #02-99-3120-02-6105-0000; and

 

WHEREAS, the “Peg Larkin Memorial 5k” 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 event is open to the public for their enjoyment, held on public property with an admission “fee” of $25.00 payable to the Remsenburg-Speonk PTA, a not-for-profit organization; now therefore be it hereby

 

RESOLVED, that the Town Board hereby approves the waiver of the estimated costs as requested by Amanda Wellman; be it further

 

RESOLVED, that the Southampton Town Board hereby approves the road closures submitted by the Southampton Town Police Department for “Peg Larkin Memorial 5k” to be held on June 3, 2012 from 8:00 a.m. to 12:00 p.m. beginning and ending at the Remsenburg-Speonk Elementary School as listed below, pursuant to §283-4A:

 

1.              Mill Road, Old Mill Lane, Ring Neck Road, Duck Point Road, Shore Road, South Country Road and Halsey Road in Remsenburg will be closed/restricted to vehicular traffic for short periods of time as needed during the event on June 3, 2012 from 9:00 am until approximately 11:00 am.

 

36. RES-2012-421 : Update Sales Price and Rental Formula Multipliers for Units Reserved for Income Eligible Households

WHEREAS, the Town Board completed a Housing Policy Update and adopted certain administrative procedures governing units reserved for income-eligible households through the enactment of amendments to Chapters 216 and 330 of the Town Code in December 2005; and

 

WHEREAS, Chapter 216 of the Town Code, as amended, provides that the Town Board may establish the formula multipliers and maximum monthly rents for rental housing units reserved for income-eligible households by resolution; and

 

WHEREAS, Chapter 216 of the Town Code provides that the Town Board may set the maximum income level and maximum sales price for ownership of units reserved for income-eligible families; and

 

WHEREAS, the Town Board by Resolution 2010-1290 on the 14th of December 2010 adopted eligible the formula multipliers, maximum monthly rents for rental housing units reserved for income-eligible households, the maximum income level and maximum sales price for ownership of units reserved for income-eligible families income levels based on the Income Limits and Fair Market Rent as promulgated by the US Department of Housing and Urban Development (HUD); and

 

WHEREAS, the US Department of Housing and Urban Development (HUD) has promulgated updated Income Limits and Fair Market Rents in 2012; now, therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton, at the recommendation of the Executive Director of the Southampton Housing Authority, adopts the following as the eligible income levels for ownership units based on the updated figures provided by the US Department of Housing and Urban Development (HUD):

 

LOW-INCOME HOUSEHOLD - A household, according to the U.S. Department of Housing and Urban Development (HUD), whose gross annual income is less than 50% of the median gross household income for households of the same size within the housing region in which the housing is located.  See Appendix B.

 

MODERATE-INCOME HOUSEHOLD - According to the U.S. Department of Housing and Urban Development (HUD), a household whose gross annual income is greater than 50%, but does not exceed 80% of the median gross household income for households of the same size.  See Appendix B.

 

MIDDLE-INCOME HOUSEHOLD - According to the U.S. Department of Housing and Urban Development (HUD), a household whose gross annual income is greater than 80%, but does not exceed 120% of the median gross household income for households of the same size.  See Appendix B; and be it further

 

RESOLVED, at the recommendation of the Executive Director of the Southampton Housing Authority, the Town Board hereby sets the maximum sales price for a unit reserved for an income-eligible household to be three (3.0) times the annual household income for a family of four (4) based on the income-eligibility level as stated as a percentage of median gross household income as stated herein, and such sales price determination based upon this formula multiplier shall be both for single family dwelling units (detached) and multi-family dwelling units (attached) and is inclusive of the land upon which the unit exists.

 

For example:

              Unit Reserved for Low-Income Household:

              3.0 times $53,750 (max. income for a family of four) is

              Sales Price of $161,250.00

 

              Unit Reserved for Moderate-Income Household:

              3.0 times $86,000.00 (max. income for a family of four) is

              Sales Price of $258,000.00

 

              Unit Reserved for Middle-Income Household:

              3.0 times $129,000.00 (max. income for a family of four) is

              Sales Price of $387,000.00

 

Note:  Sales Price Determination for units reserved for income-eligible households shall be based upon a family of four, regardless if the applicant household size is less than or more than a family of four.  The maximum income for such family of four is based upon the definition established by the Town Board for the particular income-eligibility level using a percentage of median gross household income for the Nassau-Suffolk region as stated herein.

 

AND BE IT FURTHER RESOLVED, at the recommendation of the Executive Director of the Southampton Housing Authority, the Town Board hereby sets the following maximum monthly rents for units reserved for eligible income households:

 

              LOW-INCOME HOUSEHOLD - 100% of the Fair Market Rent (FMR) as annually

              promulgated by HUD.

 

              MODERATE-INCOME HOUSEHOLD - 110% of the Fair Market Value (FMR) as

              annually promulgated by HUD.

 

              MIDDLE-INCOME HOUSEHOLD - 120% of the Fair Market Rent (FMR) as               annually promulgated by HUD.

 

 

AND BE IT FURTHER RESOLVED, upon the recommendation of the Executive Director of the Southampton Housing Authority, the Town Board hereby sets the following fair market rents by unit size, inclusive of tenant-paid utility costs, as follows in Appendix A:

 

Appendix A-- Fair Market Rent (FMR) By Unit Bedroom Size

Income Level

Fair Market Rent Multiplier

Efficiency*

1 Bedroom*

2 Bedroom*

3 Bedroom*

4 Bedroom*

Low-Income

100%

$1,233

$1,425

$1,682

$2,232

$2,432

Moderate-Income

110%

$1,357

$1,568

$1,851

$2,456

$2,676

Middle-Income

120%

$1,480

$1,710

$2,019

$2,679

$2,919

 

*Maximum Occupancy as defined by US Department of Housing and Urban Development (HUD) is 2 persons per bedroom.

Example:

 

Maximum Rental Cost for a Moderate-Income Household of Four earning no less than $53,750 and no greater than $86,000 is $1,851.00 for a Two Bedroom Unit based on the Fair Market Rent Multiplier.

Appendix B

HUD Family Income Guidelines For Nassau/Suffolk County

Effective December 1, 2011

Family Size

Median Family Size

Factor

120%

110%

100%

80%

50%

30%

1

$107,500.00

0.7

$ 90,300

$ 82,800

$ 75,250

$ 60,200

$37,650

$22,600

2

$107,500.00

0.8

$103,200

$ 94,600

$ 86,000

$ 68,800

$43,000

$25,800

3

$107,500.00

0.9

$116,100

$106,450

$ 96,750

$ 77,400

$48,400

$29,050

4

$107,500.00

1.00

$129,000

$118,250

$107,500

$ 86,000

$53,750

$32,250

5

$107,500.00

1.08

$139,300

$127,750

$116,100

$ 92,900

$58,050

$34,850

6

$107,500.00

1.16

$149,650

$137,200

$124,700

$ 99,750

$62,350

$37,450

7

$107,500.00

1.24

$159,950

$146,650

$133,300

$106,650

$66,650

$40,000

8

$107,500.00

1.32

$170,300

$156,100

$141,900

$113,500

$70,950

$42,600

 

 

 

37. RES-2012-422 : Release Performance Bond Agreement for Site Plan of Southampton Tradesperson Center, Phase II

Resolved that the Performance Bond Agreement with Joseph F. Gazza as "Principal" and Savings Passbook from Suffolk County National Bank (Account No. 2500002755) as surety in the amount of $5,500.00, submitted to guarantee the revegetation of the disturbed area to the west of the parking lot, in connection with the Site Plan entitled Southampton Tradesperson Center, Phase II, situate at Westhampton, upon the recommendation of the Planning Board by resolution adopted March 8, 2012, be and hereby is RELEASED.

38. RES-2012-423 : Release Performance Bond, Accept Maintenance Bond in Connection with the Subdivision Map of Lynes and Rady II

BE IT RESOLVED, that the Performance Bond Agreement with Independence Plaza Quogue LLC, as Principal, and the Certified Check No. 200267 from American Community Bank, in the name of the Town of Southampton, in the amount of $427,308.00, submitted to guarantee the completion of the required road and drainage improvements, as specified by the Planning Board’s resolution adopted October 21, 2010, in connection with the Subdivision Map of Lynes and Rady II, situate at East Quogue, be and hereby is RELEASED; and be it further

 

RESOLVED, that the Maintenance Bond Agreement with Independence Plaza Quogue LLC, as Principal, and Cashier’s Check No. 201040, as surety, in the amount of $93,395.00 from American Community Bank, in the name of the Town of Southampton, submitted to guarantee the maintenance of the required public improvements (street trees, and drainage improvements) in connection with the Subdivision Map of Lynes and Rady II, situate at East Quogue, upon the recommendation of the Planning Board by resolution adopted January 12, 2012, be and hereby is ACCEPTED; said Maintenance Bond shall have an obligation date of February 28, 2013.

 

 

 

39. RES-2012-424 : Accept Retirement of Patricia Raymond, Real Property Recorder I in the Assessors Office
WHEREAS, the Town Board adopted a Local Retirement Incentive Program on September 27, 2011; and

WHEREAS, the retirement incentive was offered to all full-time, active employees of the Town of Southampton, other than elected officials or members of appointed boards, who: (i) are or will be eligible to retire and do retire from Town service on or before April 30, 2012, based on a service retirement under their respective tiers of the New York State Retirement System in which they participate; and (ii) have completed ten (10) or more years of service in the New York State Retirement System, excluding any leaves of absence, as a full-time employee, as of December 31, 2011; and (iii) are employed as a full-time employee on the day prior to the effective date of retirement; and

WHEREAS, the incentive is a lump-sum payment equal to $1,000 for each completed year of continuous full-time service (excluding any leaves of absence) as credited by the New York State Retirement System as of the effective date of the retirement, less applicable taxes and withholdings; and

WHEREAS, eligible employees who wished to participate in the Retirement Incentive Program were required to indicate their election on or before close of business November 1, 2011, and to retire from Town service on a date acceptable to the Town between November 1, 2011 and April 30, 2012; and

WHEREAS, Patricia Raymond, Real Property Recorder I in the Assessors Office, meets the eligibility requirements for the Retirement Incentive; has opted to participate in the Town of Southampton's Retirement Incentive Program; and has applied for retirement effective April 30, 2012; therefore be it

RESOLVED, the Town Board hereby accepts the retirement of Patricia Raymond, Real Property Recorder I in the Assessors Office, effective April 30th, 2012; and be it further

RESOLVED, that Ms. Raymond has 25 years of full-time service with the New York State Retirement Systems and will be entitled to a lump sum payment of $25,000, said incentive payment being separate and apart from any payment(s) that a participant in the Program may otherwise be eligible to receive in connection with retirement pursuant to any collective bargaining agreement or Town policy; and be it further

RESOLVED, funding for the lump sum payment of $25,000 and the payment for compensable accruals will be funded from 2012 expected bond proceeds approved by New York State legislation and the Town Comptroller is authorized to make all budgetary and accounting entries necessary to execute.
40. RES-2012-425 : Accept Retirement of Theodore Sadleir, Senior Bay Constable in Southampton Town Police Department
WHEREAS, the Town Board adopted a Local Retirement Incentive Program on September 27, 2011; and

WHEREAS, the retirement incentive was offered to all full-time, active employees of the Town of Southampton, other than elected officials or members of appointed boards, who: (i) are or will be eligible to retire and do retire from Town service on or before April 30, 2012, based on a service retirement under their respective tiers of the New York State Retirement System in which they participate; and (ii) have completed ten (10) or more years of service in the New York State Retirement System, excluding any leaves of absence, as a full-time employee, as of December 31, 2011; and (iii) are employed as a full-time employee on the day prior to the effective date of retirement; and

WHEREAS, the incentive is a lump-sum payment equal to $1,000 for each completed year of continuous full-time service (excluding any leaves of absence) as credited by the New York State Retirement System as of the effective date of the retirement, less applicable taxes and withholdings; and

WHEREAS, eligible employees who wished to participate in the Retirement Incentive Program were required to indicate their election on or before close of business November 1, 2011, and to retire from Town service on a date acceptable to the Town between November 1, 2011 and April 30, 2012; and

WHEREAS, Theodore Sadleir, Senior Bay Constable in the Southampton Town Police Department, meets the eligibility requirements for the Retirement Incentive; has opted to participate in the Town of Southampton's Retirement Incentive Program; and has applied for retirement effective April 30, 2012; therefore be it

RESOLVED, the Town Board hereby accepts the retirement of Theodore Sadleir, Senior Bay Constable in the Southampton Town Police Department, effective April 30, 2012; and be it further

RESOLVED, that Mr. Sadleir has 38 years of full-time service with the New York State Retirement Systems and will be entitled to a payment of $38,000 less any deductions necessary to execute said payment. Said incentive payment being separate and apart from any payment(s) that a participant in the Program may otherwise be eligible to receive in connection with retirement pursuant to any collective bargaining agreement or Town policy; and be it further

RESOLVED, funding for the payment of $38,000 less any deductions necessary to execute said payment shall be paid in two installments within the 2012 calendar year, and the payment for compensable accruals will be funded from 2012 expected bond proceeds approved by New York State legislation and the Town Comptroller is authorized to make all budgetary and accounting entries necessary to execute.
41. RES-2012-426 : Accept Retirement of William Jones, Principal Community Organization Specialist in Human Services
WHEREAS, the Town Board adopted a Local Retirement Incentive Program on September 27, 2011; and

WHEREAS, the retirement incentive was offered to all full-time, active employees of the Town of Southampton, other than elected officials or members of appointed boards, who: (i) are or will be eligible to retire and do retire from Town service on or before April 30, 2012, based on a service retirement under their respective tiers of the New York State Retirement System in which they participate; and (ii) have completed ten (10) or more years of service in the New York State Retirement System, excluding any leaves of absence, as a full-time employee, as of December 31, 2011; and (iii) are employed as a full-time employee on the day prior to the effective date of retirement; and

WHEREAS, the incentive is a lump-sum payment equal to $1,000 for each completed year of continuous full-time service (excluding any leaves of absence) as credited by the New York State Retirement System as of the effective date of the retirement, less applicable taxes and withholdings; and

WHEREAS, eligible employees who wished to participate in the Retirement Incentive Program were required to indicate their election on or before close of business November 1, 2011, and to retire from Town service on a date acceptable to the Town between November 1, 2011 and April 30, 2012; and

WHEREAS, William Jones, Principal Community Organization Specialist in Human Services, meets the eligibility requirements for the Retirement Incentive; has opted to participate in the Town of Southampton's Retirement Incentive Program; and has applied for retirement effective April 1, 2012; therefore be it

RESOLVED, the Town Board hereby accepts the retirement of William Jones, Principal Community Organization Specialist in Human Services, effective April 1, 2012; and be it further

RESOLVED, that Mr. Jones has 23 years of full-time service with the New York State Retirement Systems and will be entitled to a lump sum payment of $23,000, said incentive payment being separate and apart from any payment(s) that a participant in the Program may otherwise be eligible to receive in connection with retirement pursuant to any collective bargaining agreement or Town policy; and be it further

RESOLVED, funding for the lump sum payment of $23,000 and the payment for compensable accruals will be funded from 2012 expected bond proceeds approved by New York State legislation and the Town Comptroller is authorized to make all budgetary and accounting entries necessary to execute.
42. RES-2012-427 : Reassign Elizabeth Rush to Southampton Town Police Department

RESOLVED, Elizabeth Rush, Senior Clerk Typist in Land Management- Building Department, be and hereby is reassigned to the Southampton Police Department, 40 hours, grade C, effective March 28, 2012 and be it further

 

RESOLVED, this position is budgeted for and will be funded through Cost Center #3124 and the Town Comptroller is authorized to make all budgetary and accounting entries necessary to execute.

43. RES-2012-428 : Reassign Virginia DiStefano to Land Management-Building Department
RESOLVED, Virginia Di Stefano, Senior Clerk Typist in the Southampton Police Department, be and hereby is reassigned to Land Management- Building Department, 40 hours, grade C, effective March 28, 2012 and be it further

RESOLVED, this position is budgeted for and will be funded through Cost Center #8029 and the Town Comptroller is authorized to make all budgetary and accounting entries necessary to execute.
44. RES-2012-429 : Notice of Public Hearing to Consider Entering into a License Agreement with the Bridgehampton Child Care & Recreational Center, Inc., to Utilize the Town of Southampton's Senior Center in Bridgehampton

WHEREAS, the Town of Southampton (the "Town") is the owner of a parcel located at 585 Bridgehampton Sag-Harbor Turnpike, in the Hamlet of Bridgehampton, Town of Southampton; and identified on the SCTM as # 900-54-1-1.2, where the Town operates the "Bridgehampton Senior Center"; and

 

WHEREAS, the Bridgehampton Child Care & Recreational Center, Inc. (the "BHCC") is a not-for-profit center located at 551 Sag Harbor Turnpike, Bridgehampton, which offers community-based educational, developmental, and recreational services and programs for children and adults within the Town of Southampton (including school programs and low-cost summer camp); and

 

WHEREAS, the BHCC wishes to use the Bridgehampton Senior Center during "off-hours" to expand its programs and provide additional community services; and

 

WHEREAS, both the Town and BHCC are desirous of entering into an agreement allowing BHCC to use and maintain the Bridgehampton Senior Center in consideration for providing programming to the community; now therefore be it

 

RESOLVED, that pursuant to Town Law Section 64(7), the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on April 24, 2012, 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 the Town of Southampton granting a license to allow the Bridgehampton Child Care & Recreational Center, Inc., to use the premises, subject to terms and conditions within a License Agreement; and be it further

 

RESOLVED, that the Town Clerk is hereby authorized and directed to publish the following:

 

NOTICE OF PUBLIC HEARING

 

TAKE NOTICE, that a public hearing shall be held by the Town Board of the Town of Southampton on April 24, 2012, 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 the Town of Southampton granting a license to allow the Bridgehampton Child Care & Recreation Center to use the Bridgehampton Senior Center, subject to terms and conditions within a License Agreement.

45. RES-2012-430 : Authorize Acquisition of an Interest in Land Owned by the Town of East Hampton, Sagaponack

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, the Town of East Hampton owns a 50% undivided interest in land totaling approximately 39 acres, located on Montauk Highway in the Village of Sagaponack, New York, shown as SCTM# 908-2-3-23.1; and

 

WHEREAS, in March 2004 the Town of Southampton and the Town of East Hampton acquired this real property for the negotiated purchase price of $6,500,000 from PGC Property, LLC and PGC Property II, LLC, with each Town contributing 50% of the purchase price ($3,250,000) and each Town acquired a 50% undivided interest in the real property; and

 

WHEREAS, the property at the time of acquisition and thereafter has been operated as the Poxabogue Golf Course, a 9-hole public course with accessory restaurant and pro-shop, the value of which will be acquired with funds other than CPF funds; and

 

WHEREAS, the Town of East Hampton has expressed a willingness to sell its interest in the property to the Town of Southampton at a total cost not to exceed $2,200,000.00; and

 

WHEREAS, a public hearing was held before the Town of Southampton on March 27, 2012 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 a 50% interest in land from the Town of East Hampton, totaling approximately 39 acres of vacant land, located on Montauk Highway in the Village of Sagaponack, New York, shown as SCTM# 908-2-3-23.1 at a total cost not to exceed $2,200,000.00, 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 Purchase Account, G/L #31-99-1940-31-6208-0001 and/or the General Fund Balance and/or Poxabogue Fund Balance and/or Unrestricted (available) Fund Balance; G/L codes to be determined by Comptroller; 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.

46. RES-2012-431 : Resolution Accepting Deeds of Dedication of Five Parcels in Connection with the Subdivision Map of Bridgehampton Road Races Corp., Situate in Noyac

WHEREAS, on July 8, 1997, the Town Board of the Town of Southampton adopted resolution #797 and Local Law No. 25 of 1997, changing the zoning classification from CR-200 and CR-80 to Quasi-Public Service Use District (“QPSUD”) of a 281 acre portion of a 512 acre tract of land owned by Bridgehampton Road Races Corporation, situate at Noyac; SCTM #0900-023-1-2.2; and

 

WHEREAS, on April 15, 1999, the Planning Board approved the site plan application of Bridgehampton Road Race Corp., entitled “Golf at the Bridge” to construction a single 18-hole golf course on a 281 acre portion of the 512 acre tract consisting of the Final Site Plans (Sheets 1-8), Final Site Plan Report dated 12/16/97, Ancillary Site Plan Information Map, dated 1/6/98, Preliminary Golf Course Grading Map, dated 7/11/97, Preliminary Routing Plan C, dated 8/8/96, all prepared by John J. Raynor, P.E., L.S.., p.c., Revegetation Plan, prepared by Ferrucci & Walicki, LLC the Integrated Golf Course Management Plan last revised 4/28/97, Water Quality Risk Assessment, dated 3/3/95 and Golf Course Monitoring Protocol, last revised 7/8/97; and

 

WHEREAS, the Golf at the Bridge project, of which the Bridgehampton Road Races Corp. Final Plat (subdivision map) is a part, was the subject of extensive environmental review on the part of the Town Board as lead agency in connection with a proposed change of zone on a part of the overall subject property, including the preparation of a Draft Environmental Impact Statement (EIS), a Final EIS, adoption of Findings and a change of zone by the Town Board, and adoption of Findings and site plan approval for a golf course use by the Planning Board; and

 

WHEREAS, on March 29, 2001, the Planning Board approved the Final PRD Subdivision Map of Bridgehampton Road Races Corp., to subdivide the entire tract totaling 512.183 acres into twenty-one (21) lots, including twenty (20) residential lots (totaling 70.10 acres) and one (1) QPSUD parcel consisting of 281.376 acres, and four (4) open space parcels totaling of 152.77 acres (to be deeded to the Town) and a parcel located on the easterly side of Millstone Road, Noyac, SCTM # 0900-023-01-2.2, all as depicted on the Final Plat Subdivision Map of Bridgehampton Road Races Corp. (Sheets 1-3) dated 3/7/01; Final Road and Drainage Plans (Sheets 1-5) dated 3/7/01 and (Sheets 6 & 7) dated 1/7/00 and the Final Subdivision Report dated January 27, 2000, subject to the following condition, among others:

 

No fertilizer dependent vegetation shall be established on individual lots or within the road right-of-way, unless off-site mitigation is provided in the form of sterilization of a parcel of land within the Aquifer Protection Overlay District, in order to secure the fertilization rights and nitrogen load associated with allowable development on such lot.  In no event may the establishment of fertilizer dependent vegetation exceed 15% on an individual lot.

 

WHEREAS, on February 23, 2012 the Planning Board approved the dedication of five properties, located in Noyac, within the Aquifer Protection Overlay District, to the Town of Southampton, representing an approximate total of 25 acres; and

 

WHEREAS, the preservation of these dedicated properties shall constitute the “off site mitigation” required by the prior Planning Board condition of approval as approved by the Department of Land Management by letter dated June 29, 2011 and the Planning Board by resolution adopted February 23, 2012; and

 

WHEREAS, the fertilization rights on the subject properties shall be transferred to the subdivision lots allowing up to 15% of fertilizer dependent vegetation on each individual lot; and 

 

WHEREAS, the Town Board held public hearings on March 27, 2012 at 6:00 p.m. and April 10, 2012 at 1:00 p.m. at Southampton Town Hall, 116 Hampton Road, Southampton, New York to consider the proposed dedications pursuant to Town Law §64 and General Municipal Law §247; now, therefore

 

BE IT RESOLVED, that the Town Board hereby ACCEPTS the deeds of dedication of five parcels, consisting of  an approximate total of 25 acres to provide for the transfer of fertilization rights, required as part of the approval for the subdivision map of Bridgehampton Road Races, Corp., as approved and recommended by the Planning Board by resolution adopted February 23, 2012, in the hamlet of Noyac, within the Aquifer Protection Overlay District, further identified on the Suffolk County Tax Map as part of parcels 900-22-1-45.2; 900-14-13.1, 35.4 & 61; 900-22-1-46.1; 900-14-1-80; and 900-22-1-23.2; and the Supervisor is authorized to execute any required documents on behalf of the Town.  

 

 

 

 

47. RES-2012-432 : Road Review Application for Jeannine Conte 900-354-01-16 in Westhampton is Accepted

 

WHEREAS, at the regular Road Review Committee meeting on March 13, 2012 the Road Review Committee reviewed the application of Jeannine Conte 900-354-01-16 for the purpose of granting permission to build on a lot fronting on or accessing Montauk Highway Private ROW, Pursuant to the provisions of Article III Chapter 123 of the Code of the Town of Southampton § 280-A; and

 

WHEREAS, the Road Review Committee recommends that permission be granted to

Jeannine Conte to build one house on the property located on the west side of a private ROW, approximately 187 feet north of Montauk Highway, situate in Westhampton, as shown on a survey map prepared by Floyd Carrington, L.S., dated November 28, 2011 comprising 31,524 sq. ft.   SUBJECT TO:

 

1.              It is recommended that the Town Engineer’s office be contacted for a pre-construction site meeting prior to entering into a contract for the specified improvements.  The Town Engineer’s office (702-1750) shall also be notified 48 hours prior to the commencement of any specified work, especially the installation of drainage structures, construction of road base or laying of asphalt. Failure to contact the Town Engineer’s office may lead to delays or additional costs in obtaining a sign-off to the Building Department for issuance of a Certificate of Occupancy.

2.              The applicant shall be responsible for working around all utilities.  It is recommended that all underground utilities be installed and major construction completed prior to paving.

3.              Grade shape and stabilize the existing RCA and stone material along the entire length of the private ROW to provide a well compacted access road with a one inch crown.  Add additional RCA or stone material as necessary.

4.              Obtain a Highway Work Permit from the Suffolk County Department of Public Works to construct an asphalt apron on Montauk Highway (CR80).  A copy of the permit must be forwarded to the Engineering Division prior to the start of construction.

5.              Construct an asphalt apron at the intersection of the private ROW and Montauk Highway, as directed by the Town Engineer.  The apron shall be paved with NYS Type 6 Top Mix asphalt to a minimum compacted thickness of 2” or as directed by Suffolk County and extend 20’ north along the private ROW.

6.              Seal the seam where new and existing asphalt pavements meet with asphaltic sealant, as directed by the Town Engineer.

7.              Trim overhanging vegetation back to a height of 14’ and the width of the existing access road, as directed by the Town Engineer.

8.              Completely restore the shoulders along the private ROW upon the completion of road improvement work by placing topsoil and seed or ground up wood chips, as directed by the Town Engineer.

9.              Submission of an executed Special Assessment District Covenant.  It is recommended that you do not wait until the road work is completed to complete this document; it may be completed now, or prior to your road work being done.

 

This determination is valid for a period of one (1) year and imposing the normal conditions of obtaining a building permit within one year of approval is recommended.

 

NOW, THEREFORE BE IT RESOLVED, that for the purpose of granting permission to build on a lot fronting on a private road, the specifications recommended by the Road Review Committee for a portion of Montauk Highway Private ROW, situate in Westhampton, in connection with the application of Jeannine Conte are approved, pursuant to the provisions of Article III Chapter 123 of the Code of the Town of Southampton. 

48. RES-2012-433 : Commence SEQRA and Coordinate Lead Agency for Change of Zone Application from Resort Waterfront Business (RWB) and Motel Business (MTL) to Maritime Planned Development District (MPDD) as it Relates to the Redevelopment of the Canoe Place Inn (CPI) and Canal Property

WHEREAS, on February 23, 2012, the Town Board of the Town of Southampton received a formal application for a Change of Zone to allow a Maritime Planned Development District (MPDD) for the Canoe Place Inn site and the neighboring Canal Property, with an electronic copy received on March 2, 2012; and

 

WHEREAS, the application requests the redevelopment of the Canoe Place Inn (CPI) site (SCTM No’s: 900-207-5-3 & 4), as well as the neighboring Canal Property, which consists of four parcels located directly east of the Shinnecock Canal and north of Montauk Highway (SCTM No’s: 900-207-4-22.1, 23, 24 & 25), and an Eastern Parcel, which consists of a single parcel located east of North Shore Road (CR 39), and north of Montauk Highway (SCTM No. 900-208-2-18.1); and   

 

WHEREAS, specifically, the proposal seeks to rezone (i) the CPI and Canal properties from their Resort Waterfront Business (RWB) designations, to MPDD, and (ii) the Eastern Parcel from Motel Business (MTL) to MPDD; and

 

WHEREAS, the proposed redevelopment of the CPI site includes retaining all existing buildings so that public access may be provided and renovating the CPI building for use as an inn with 20 units, a catering facility with a 300-person maximum room occupancy, a 210-seat restaurant with a 24-seat bar area, and the renovation of the five existing cottages on the property for extended stay guest units; the Canal Property is proposed to be redeveloped with 40 high-quality townhouses with a clubhouse/amenity building, pool and private marina; the Eastern Parcel will contain a community sewage treatment system to handle the proposed townhouse development; and

 

WHEREAS, the proposed Change of Zone is a Type I Action pursuant to the State Environmental Quality Review, and the regulating provisions of 6 NYCRR Part 617; and

 

WHEREAS, the following are deemed involved agencies:

 

              1.  Town Board of the Town of Southampton

              2.  Planning Board of the Town of Southampton

              3.  Suffolk County Department of Health Services

              4.  Suffolk County Department of Public Works

              5.  New York State Department of Environmental Conservation - Albany

              6.  New York State Department of Environmental Conservation - Region I; and

 

WHEREAS, the following are deemed interested agencies:

 

              1.  New York State Department of Transportation

              2.  New York State Historic Preservation Office

              3.  Suffolk County Planning Commission

              4.  Suffolk County Water Authority

              5.  Southampton Town Engineer

              6.  Southampton Town Building Division

              7.  Southampton Town Fire Marshal

              8.  Southampton Town Highway Department

              9.  Southampton Town Conservation Board

              10.  Southampton Town Architectural Review Board

              11.  Southampton Town Director of Transportation and Traffic Safety

              12.  Southampton Town Landmarks and Historic Districts Board

              13.  Hampton Bays Fire District

              14.  Hampton Bays Water District

              15.  Hampton Bays Citizens Advisory Committee

              16.  Hampton Bays Ambulance

              17.  Hampton Bays Chamber of Commerce

              18.  Hampton Bays Historical Society

              19.  Hampton Bays Beautification Committee

              20.  Hampton Bays Civic Association

              21.  Shinnecock Canal Maritime Heritage Museum Committee; and

 

WHEREAS, by memorandum dated March 6, 2012, the Acting Town Planning and Development Administrator determined that the project submission complies with the minimum submission requirements pursuant to Town Code §330-244(C), and thus, may proceed to the Town Board for public review; now therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby assumes lead agency status and directs the Town Clerk to forward the Environmental Assessment Form (EAF) Part I, together with the Change of Zone/Maritime Planned Development District application, to all involved agencies for the purposes of determining Lead Agency for SEQRA review; and be it further

 

RESOLVED, that, in addition, the Town Clerk shall forward the Change of Zone/Maritime Planned Development District application to the Southampton Town Planning Board, the Suffolk County Planning Commission, and all other interested agencies for their review and recommendations.

 

 

 

 

 

 

49. Walk-on Resolution No. 2012-434
50. RES-2012-434 : Authorize the Supervisor to Execute a Contract with Metro Environmental Contracting Corp. for the UIC Clean Out and Closure of a Septic Tank and Leach Pool Located at 28 Jackson Avenue in Hampton Bays
WHEREAS, the Demolition of the Bay Constable Building located at 28 Jackson Avenue in Hampton Bays is being overseen by the Department of Municipal Works, Division of Engineering; and

WHEREAS, to effectuate the completion of this demolition, the Town must clean-out and close the septic system believed to include, one (1) septic tank and one (1) leach pool at this location prior to the commencement of the demolition; and

WHEREAS, in accordance with the Town's procurement policy, the Engineering Division solicited three (3) companies to provide the clean out and closure of the septic system; and

WHEREAS, in response to the solicitation, three (3) quotes were received, the quote from Metro Environmental Contracting Corp. was the least expensive at $13,508.00 and is the vendor the Engineering Division recommends perform this task; now therefore, be it

RESOLVED, that based on the recommendation of the Department of Municipal Works, Division of Engineering, the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract with Metro Environmental Contracting Corp. for the UIC Clean Out and Closure of a Septic System located at 28 Jackson Avenue in Hampton Bays; be it

FURTHER RESOLVED, that the contract shall be prepared by the Office of Contracts Administration and shall commence upon a fully executed contract and shall expire on December 31, 2012, the amount of this contract shall not exceed $13,508.00, and per the Town Comptroller's Office, no purchase order shall be issued and no payment shall be made without a fully executed contract.
51. Walk-on Resolution Nos. 2012-435 through 2012-439
52. RES-2012-435 : Authorize Comptroller to Attend the 2012 NYS GFOA Conference

WHEREAS, the Government Financial Officers Association (GFOA) is holding its annual conference in Albany, New York from April 3, 2012 through April 5, 2012; and

 

WHEREAS, this is the New York State’s premier educational event for Government professionals and seminar topics include:

 

·              2012 GAAP Update

·              Fundamentals of Cash Management in the Public Sector

·              Ethics & Professional Conduct for NYS CPAs

·              Fundamentals of Budgeting in the Public Sector

·              State Budget and the Real Property Tax

·              Levy Cap (Update 2012-13)

·              Federal Legislative Update

·              Impacts of the Dodd-Frank Banking

·              Reform Act on the Public Sector

·              What is Cloud Computing?

·              How to Establish a Debt Policy

·              Preparing an Internal Control (IC) Policy

·              Human Resource Management in a Tax Levy Cap World

·              Municipal Cyber Theft -Where Does the Liability Fall?

·              Hot Topics in the Municipal Debt Market

·              Performance Measurement Tools for Government Programs

·              Understanding, Recording and Negotiating Fees in a Bond Transaction

·              Current Issues in Civil Service

·              Cost Allocation for Special Districts, Enterprise and Special Revenue Funds; and

·              Financing Options for Water and Sewer Projects

 

 

NOW BE IT RESOLVED, the Comptroller is authorized to attend the GFOA Annual Conference in Albany; and be it further

 

RESOLVED, the sources of funding shall be the Town Comptroller - Schools & Training G/L #01-99-1315-01-6450-0000 at a cost not to exceed $950.

53. RES-2012-436 : Rescind Resolution 2012-336

RESOLVED, that Resolution 2012-336, adopted on March 5, 2012 which appointed John Rankin as Acting Chief Fire Marshal, is hereby rescinded.

 

54. RES-2012-437 : Authorize Supervisor to Execute a Contract Extension with Apple Restoration & Waterproofing, Inc. for the Restoration of the Nathaniel Rogers House

WHEREAS, on December 16, 2010, the Town by Resolution 2010-1043 executed a contract for the Phase I Exterior Stabilization of the historic Nathaniel Rogers House with Apple Restoration & Waterproofing, Inc. at a cost not to exceed $1,978,106.00; and

 

WHEREAS, the contract contained a clause which required the work to be completed by September 12, 2011; and

 

WHEREAS, due to necessary changes, additional structural repairs, weather delays and the contractor’s need to retain engineering services, the Contractor received contract extensions to December 31, 2011, January 31, 2012, February 29, 2012 and March 31, 2012 respectfully; and

 

WHEREAS, although the vast majority of the work has been completed, there is still work that needs to be completed, specifically mold remediation work, and the Town will extend said contract to April 30, 2012 for the purposes of completion of mold remediation protocol; and

 

WHEREAS, Jan Hird Pokorny Associates, Project Manager for this project, has reviewed the need for an extension, and recommends extending the Contract to April 30, 2012; and

 

WHEREAS, the Community Preservation Department concurs with this recommendation; now therefore, be it

 

RESOLVED, that per the recommendation of the Project Manager and Community Preservation Department, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a Contract Extension with Apple Restoration & Waterproofing, Inc. for additional time to complete mold remediation at the Nathaniel Rogers House to April 30, 2012, with no additional costs to the Town, be it

 

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

 

55. RES-2012-438 : Amend 2012 Capital Program for Capital Project Long Beach Water Mains

WHEREAS, the 2012-2017 Capital Program was adopted per Resolution 2011-1188 by the Town Board, as amended, on November 18, 2011; and

 

WHEREAS, Resolution 2012-197 amended the 2012-2017 Adopted Capital Program and added Capital Project Long Beach Water Mains with a 2012 budget of $67,486.00; and

 

WHEREAS, the bids received for the installation costs are higher than the original estimates for the project and additional funding is required to complete the project; and

 

WHEREAS, it is the recommendation of the Superintendent of Parks and Recreation to increase the 2012 Capital Budget for Capital Project Long Beach Water Mains; and

 

WHEREAS, Resolution 2009-1497, adopted on December 28, 2009, directed that this project be funded from an appropriation of Park Reserve Fund #6 - Noyac; and

 

WHEREAS, funds are available in the Park Reserve Fund #6 - Noyac to appropriate for the increase; and

 

WHEREAS, Town Code Section 292-35 (B)(4) of the Town Code states that Park Reserve Funds can be used for the physical improvement of neighborhood parks, playgrounds or recreation sites; and

 

WHEREAS, this has been deemed an appropriate use of Park Reserve Funds; now therefore be it

 

RESOLVED, the Town Board of the Town of Southampton hereby amends the 2012 Capital Program and Budget for Capital Project Long Beach Water Mains and increases the 2012 Budget by $102,514 to $170,000 to be funded from an appropriation of Park Reserve Fund #6 - Noyac; and be it further

 

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

56. RES-2012-439 : Authorize the Supervisor to Execute a Service Agreement with Cablevision Lightpath for Comprehensive Telecommunications Services
WHEREAS, pursuant to resolution 2009-424, the Town of Southampton executed an agreement with Cablevision Lightpath for phone and data connectivity between Town sites, which includes two (2) internet voice bundles and three (3) E-lines; and

WHEREAS, the Division of Information Technology has found the services of Cablevision Lightpath adequate to serve the phone and data connectivity needs of the Town; and

WHEREAS, the Director of Information Management recommends that the Town enter into a (3) year agreement with Cablevision Lightpath to continue their maintenance and service current phone and data connectivity services; and

WHEREAS, the Director of Information Management has also provided the Office of Contracts Administration with new property access agreement for the four (4) locations that require this service; and

WHEREAS, the maintenance and service of the data and phone line services by the aforementioned agreement will be purchased through a New York State Contract for Comprehensive Telecommunications Service that expires on August 15, 2017, Award Number 20268 under Group Number 77017; now therefore, be it

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute any and all Service Agreement(s) that has been received and approved by the Office of Contracts Administration with Cablevision Lightpath for the maintenance and service of the data/phone lines at a monthly amount not to exceed $9,090.00 per month for a term not to exceed three years, and be it

FURTHER RESOLVED, that as per the Office of the Town Comptroller, no purchase order shall be issued and no payment shall be made without a fully executed agreement, be it

FURTHER RESOLVED, that the source of funding for this agreement is G/L 01-99-1680-01-6401-0000 Information Technology Contracts in an amount not to exceed $9,090.00 per month for each month of the three (3) year term of the agreement, said amounts includes the services for all four (4) locations.
VII. Closing
1. Adjourn



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