Southampton Town Board
Regular Town Board Meeting
4/24/2012 6:00 PM
Town Hall - Town Board Room
116 Hampton Road   Southampton, NY 11968
I. Call to Order
1. Roll Call
2. Statement
3. Comptroller Update
II. Minutes Approval
1. Minutes of Apr 10, 2012 1:00 PM
III. Communications
A. Public Notices
1. Town of East Hampton
2. Town of Riverhead
3. Town of Southold
4. Financial Disclosure Statements
5. Liquor License Renewals / Applications
6. Letters / Petitions
B. Bid Openings
1. Bid Openings - April 2012
IV. Public Hearings
1. Notice of Hearing Chapter 312 Noyac Road
2. Public Hearing to Amend Chapter 150 Exotic Animals
3. Set Hearing for License Agreement Senior Center
4. Public Hearing for 1 Yr Agricultural Agreement
V. Public Portion
VI. Resolutions
1. RES-2012-471 : Memorializing Resolution in Support of Assembly Bill A. 9626 and Senate Bill S. 6789 as it Relates to Authorizing the Enactment of Zoning Laws and Ordinances to Regulate Formula Retail Uses

 

 

WHEREAS, the State Legislature has delegated to its local governments the authority to enact zoning and land use regulations pursuant to a duly adopted comprehensive plan; and

 

WHEREAS, indeed, such regulations may be enacted to promote such valid public purposes as the protection of historic character, community aesthetics, distinctive community character, and the maintenance of diverse and vibrant commercial areas; and

 

WHEREAS, the Legislature has found that these valid public purposes are being threatened in communities across the State by the phenomenon of formula retail businesses, which may serve to erode such resources as historic character, aesthetics, unique community character, and commercial diversity that creates a sameness and destroys a community’s identity; and

 

WHEREAS, while communities across the nation have enacted laws to regulate formula retail uses in order to mitigate these adverse impacts, in New York, the statutes which delegate zoning and land use authority to local governments are silent with respect to this new threat to community character; and

 

WHEREAS, as a result, local governments have been reluctant to enact regulations, fearing the uncertainty and potential litigation that such laws may invite given the lack of specific authority in the state enabling legislation; and

 

WHEREAS, thus, the purpose of Assembly Bill A. 9626 and Senate Bill S. 6789, is to clarify that local governments have the authority to adopt comprehensive plans and local laws and ordinances that regulate these uses in an effort to promote legitimate public purposes related to a community’s character; and

 

WHEREAS, specifically, Assembly Bill A.9626 and Senate Bill S. 6789, proposes to amend New York State Town Law by adding a new §261-d, which would (i) define a “formula retail use” as a retail sales establishment that, along with ten or more other retail sales establishments located in the United States, maintains two or more of the following features:  a standardized array of merchandise, a standardized façade, a standardized décor and color scheme, a uniform apparel, standardized signage, and a trademark or a servicemark, and (ii) authorizes local municipalities to regulate, restrict, or prohibit “formula retail uses” where enacted pursuant to a Comprehensive Plan and a valid public purpose; and

 

WHEREAS, the Town Board is supportive of such a measure; now therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby supports Assembly Bill A. 9626 and Senate Bill S. 6789 as they relate to authorizing the enactment of zoning laws and ordinances which regulate “formula retail uses,” and, in particular, the addition of section 261-d to New York State Town Law; and be it further

 

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

 

2. RES-2012-489 : Authorization for Supervisor to Execute a 2012 Agreement with the Quogue VFW to Provide $5,000 Toward Maintenance of the Ballfields Used for Recreational and League Play by Southampton Town Residents

WHEREAS, the Quogue VFW has requested assistance from the Town for the 2012 season maintenance of ball fields located on Montauk Highway in the Village of Quogue; and

 

WHEREAS, as in prior years, the Quogue VFW has made the ball fields available to the Town for games played by various sports leagues, including but not limited to the adult leagues currently using the facilities located at Red Creek Park; and

 

WHEREAS, the Town's Management Services Administration Director recommends the continuance of this annual agreement between the Town and the Quogue VFW in the amount of $5,000.00 to assist with the ball fields maintenance; and

 

WHEREAS, the agreement will continue to reference that when the Quogue VFW is in receipt of the funds provided by the Town, the Town will have the rights to access the ball fields for the use of various sports leagues; now, therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a grant agreement with the Quogue VFW for continued assistance provided by the Town in exchange for the Town's usage of the ball fields for resident and league games to be played; this agreement shall be prepared by the Office of Contracts Administration and as per the Town's Comptroller, no payment shall be made until the agreement is fully executed; and be it further

 

RESOLVED, the source of funding for this agreement shall be the Human Services Restricted Account, Cost Center R067 in an amount not to exceed $5,000.00 and the Town Comptroller is authorized to make all budgetary and accounting entries necessary to execute.

3. RES-2012-490 : Authorize the Supervisor to Execute a Facility Use Agreement with St. Rosalies Roman Catholic Church for Space Located Within the Church to Meet with the Residents of the Town of Southampton to Discuss Their Tax Concerns
WHEREAS, every tax season, the residents of the Town of Southampton receives their tax bills and find they have questions or concerns they wish to discuss with the staff of the Tax Assessors Office; and

WHEREAS, the Acting Tax Assessor has requested the use of a room contained within St. Rosalie's Roman Catholic Church in Hampton Bays (herein "Church") for residents to come and discuss their concerns with the staff of the Tax Assessors Office between the hours of 7:30 a.m. through 4:00 p.m. on the 14th of May, 2012 and between the hours of 7:00 a.m. through 10:00 p.m. on the 15th of May 2012; and

WHEREAS, while the Church does not charge a fee for the use of their facility, they do require that the Town of Southampton execute a license agreement to use the facility; and

WHEREAS, the term of this facility use agreement shall commence at midnight on the 13th day of May, 2012 and shall expire at midnight on the 15th day of May, 2012; now therefore, be it

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a facility use agreement with St. Rosalie's Roman Catholic Church to utilize a room in the church for the residents of the Town of Southampton to discuss their tax concerns with the staff of the Tax Assessors Office.

There is no financial impact for this agreement.
4. RES-2012-491 : Authorize the Supervisor to Execute an Agreement with Sheehan & Company for Accounting Services Related to the 2011 Year End Audit

WHEREAS, the Town of Southampton contracted with a new independent auditor in 2009, Nawrocki Smith LLP, who does not provide accounting services, to support year end accounting for audit clients; and

 

WHEREAS, the Town of Southampton contracted with Sheehan & Company in 2009 to provide accounting services and was pleased with the work; and

 

WHEREAS, Sheehan & Company will review the financial statements drafted and audited by Nawrocki Smith to assist in the process of approving the financial statements; and

 

WHEREAS, the Town Comptroller has indicated a need for assistance with preparation of adjusting entries for year end 2011, Sheehan will communicate directly with Nawrocki to address any questions or issues that arise while reviewing the financial statements for year end 2011; and

 

WHEREAS, a proposal was received from Sheehan & Company for the accounting services required to perform these tasks in the amount of $240.00 per hour, for a total contract amount not to exceed $7,500.00; now therefore,  be it

 

RESOLVED, the Supervisor is hereby authorized to sign an agreement with Sheehan & Company to perform the accounting services as outlined in their proposal for year-end 2011; be it

 

FURTHER RESOLVED, that this contract shall be prepared by the Office of Contracts Administration to commence upon a fully executed agreement and to contain an expiration date of April 1, 2013, per the Town Comptroller's Office, no purchase order shall be issued and no payment shall be made until the contract is fully executed. The source of funding for this contract shall be Town Comptroller - Contracts G/L #01-99-1315-01-6400-0000 in an amount not to exceed $7,500.00.

5. RES-2012-492 : Authorize the Supervisor to Sign a Rider to the Management Agreement Between Future Stars Tennis LLC, Southampton Youth Services (SYS) and the Town

 

 

WHEREAS, on March 23, 2010, by Resolution No. 273 of 2010, the Town Board of the Town of Southampton awarded the contract for the construction and operation of eight tennis courts at the Southampton Town Recreation Center, in conjunction with Southampton Youth Services, Inc. (SYS), to Future Stars Tennis, LLC (Future Stars), and authorized the Supervisor to sign the same; and

 

WHEREAS, pursuant to said contract, four of the eight tennis courts were seasonally enclosed in a state-of-the art inflatable air structure and, as contemplated in the contract, all parties now seek to enclose the remaining four courts; and

 

WHEREAS, except as specifically modified in the Rider to the Management Agreement, which shall address the enclosure of the remaining four tennis courts, all terms and conditions of the underlying agreement between Future Stars, SYS, and the Town shall remain in full force and effect; now therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a Rider to the Management Agreement between Future Stars Tennis, LLC, Southampton Youth Services, and the Town as it relates to enclosing the remaining four tennis courts in a state-of-the-art inflatable air structure; and be it further

 

RESOLVED, that said Rider shall be prepared by the Office of the Town Attorney; and be it further

 

RESOLVED, that the cost associated with said improvements shall be funded by Future Stars Tennis, LLC, in accordance with the terms and conditions set forth in the April 29, 2010 Management Agreement and the Rider to said Agreement, all at no cost to the Town.

 

 

 

6. RES-2012-493 : Recall and Amend Resolution 2012-338 Authorize Supervisor to Sign Contract with Corporate Accounting Solutions to Provide Accounting Services to the Comptroller's Office

WHEREAS, on March 13, 2012, the Town Board of the Town of Southampton by Resolution 2012-338 authorized the Supervisor to execute a Contract with Corporate Accounting Solutions for accounting services to be provide to the Comptroller’s Office on an interim basis; and

 

WHEREAS, the resolution contained an amount not to exceed $20,000.00, however, that amount now needs to be increased; and

 

WHEREAS, resolution 2012-338 should be amended to reflect the correct amount of $40,000.00; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby accepts these changes to be made to Resolution 2012-338, while all other content of Resolution 2012-338 shall remain the same. The source of funding for the contract increase shall be a budget transfer from Business Management, Audit and Control Division in the amount of $20,000 and the Comptroller is authorized to make all budgetary and accounting entries necessary to execute.

7. RES-2012-494 : Renewal Purchase of 24 X 7 X 4 Onsite Network Hardware Maintenance from CCSI
WHEREAS, the Information Technology Department is in need of a renewal for the Town's 24 X 7 X 4 onsite network backbone hardware maintenance; and

WHEREAS, Contemporary Computer Services, Inc. provides such hardware maintenance under New York State Contract PT64525 at a cost of $70,031.20; and

WHEREAS, when goods procured under a valid County or State contract exceed the mandatory threshold for goods (i.e. $20,000), a resolution authorizing the purchase must be submitted and approved by the Town Board; and

WHEREAS, funding for this purchase is available in Information Technology Contracts G/L # 01-99-1680-01-6401-0000; now therefore be it

RESOLVED, per the recommendation of the Director of Information Management, the Town Board authorizes the purchase of 24 X 7 X 4 onsite network backbone hardware maintenance from Contemporary Computer Services, Inc. under New York State Contract PT64525 at cost of $70,031.20 funded from Information Technology - Contracts G/L # 01-99-1680-01-6401-0000.
8. RES-2012-495 : Resolution Authorizing the Supervisor to Execute an Agreement with the East Quogue Historical Society for the Maintenance and Restoration of the East Quogue Methodist Church Cemetery
WHEREAS, the Town of Southampton Parks and Recreation Department maintains numerous historic sites through the Town of Southampton, including abandoned cemeteries; and

WHEREAS, the Town Board recognizes that certain improvements are necessary to preserve the historic nature of such cemeteries including the maintenance and repair of headstones; and

WHEREAS, funding for such improvements is limited and the Town does not have the expertise or the resources required to restore the sites; and

WHEREAS, the East Quogue Historical Society has offered to partner with the Town of Southampton to act as steward of funds raised for the East Quogue Methodist Church Cemetery, located at 576 Montauk Highway, East Quogue (SCTM # 900-340-1-52.1), and will work with the Town to receive the funds and to assist with planning to restore and maintain the site; now therefore be it

RESOLVED, that the Town Board authorizes the Supervisor to enter into a Joint Venture Agreement with the East Quogue Historical Society to maintain funds raised for the stewardship of the East Quogue Methodist Church Cemetery, located at 576 Montauk Highway, East Quogue (SCTM # 900-340-1-52.1) and assist with planning for restoration and maintenance of the site.
9. RES-2012-496 : Notice to Bidders to Provide Exterior Painting at the Bridgehampton Community House

RESOLVED, as per the request of the Department of Municipal Works, Division of Facilities 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 May 16, 2012 at 2:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

PROVIDE EXTERIOR PAINTING AT THE

BRIDGEHAMPTON COMMUNITY HOUSE

 

Specifications are available beginning on Thursday, May 3, 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.

 

Bidders interested in this project are REQUIRED to visit www.labor.state.ny.us, (home page), go to Govt. & Research, Public Work, Article 8 or 9, which ever applies, Original Wage Schedule, Left side-Access Previously Requested Schedule, Original Rate Schedule Online, then enter the PRC#2012003140 to view the original prevailing wage schedule. Employees under this title must be paid the wage rate(s) indicated on this schedule. The winning vendor(s) will be provided an original wage schedule with their contract.

 

A mandatory walk thru will be held on May 9, 2012 at 10:00 a.m. to view the existing conditions of the Bridgehampton Community House which is located at 2357 Montauk Highway, Bridgehampton.

 

Each proposal must be submitted in a sealed envelope clearly marked “PROVIDE EXTERIOR PAINTING AT THE BRIDGEHAMPTON COMMUNITY HOUSE.

 

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

                           

 

 

10. RES-2012-497 : Amend 2012 Adopted Budget for Town Assessor's Part Time Salaries

RESOLVED, as per the recommendation of Acting Sole Assessor, that the Town Board approve the following budget transfer for the purpose of funding Part Time Salary and Related Benefit costs to assist in the timely and accurate completion of the 2012 Assessment Roll.

 

              FROM CODE                                                        DESCRIPTION                                          AMOUNT

              01-99-1355-01-6401-0000                            Assessor - Contracts                            $10,866.00

 

              TO CODE                                                        DESCRIPTION                                          AMOUNT

              01-99-1355-01-6105-0000                            Assessor - P/T Salaries              $10,000.00

              G/L's to be determined                            Assessor - Related Benefits              $866.00

11. RES-2012-498 : Authorize the Town of Southampton Participation in Suffolk County's Volunteer Emergency Services Appreciation Day on May 19, 2012

WHEREAS, on April 9, 2012 brushfires broke out in the Manorville and Ridge communities and over 100 different fire agencies responded to assist in containing and ultimately extinguishing the blaze that consumed over 2,000 acres; and

 

WHEREAS, the volunteer firefighters and emergency service workers answered the call and put their lives in harm’s way to contain and extinguish the Manorville and Ridge Brushfire; and

 

WHEREAS, it is due to their valiant efforts and bravery that lives were not lost; and

 

WHEREAS, Suffolk County and the Townships within along with numerous private businesses are sponsoring a free Thank You concert as a show of our appreciation for all of the efforts and sacrifices of our firefighters and emergency service workers; and

 

WHEREAS, the Volunteer Emergency Services Appreciation Day will take place on May 19, 2012 from 12:00PM to 5:00PM at the Brookhaven Amphitheater; now therefore be it

 

RESOLVED, the Town Board of the Town of Southampton hereby offers its support and thanks to our firefighters and emergency service workers and directs that a $1,000 disbursement be made to assist in offsetting the cost of the Volunteer Emergency Services Appreciation Day; and be it further

 

RESOLVED, the source of funding shall be the Human Services Restricted Account, Cost Center R067, and the Town Comptroller is authorized to make all budgetary and accounting entries necessary to execute.

12. RES-2012-499 : 2012 Budget Transfer Police Department Salaries to Part Time Salaries

RESOLVED, as per the recommendation of Chief William Wilson, that the Town Board approve the following budget transfer for the purpose of covering the salary for Part Time Police Officer temporarily working in Justice Court:

 

              FROM CODE                                          DESCRIPTION                            AMOUNT

02-99-3120-02-6100-0000                            Salaries                            $20,000.00

             

              TO CODE                                          DESCRIPTION                            AMOUNT

02-99-3120-02-6105-0000                            Part Time Salaries              $20,000.00

 

 

 

13. RES-2012-500 : Warrant #8, Capital #8, CPF #8, April 24, 2012

RESOLVED, per the recommendation and approved by the Town Comptroller, the following vendor payment warrants dated April 24, 2012 be approved in the amount of:

 

Warrant #8                             $ 764,652.28

 

Capital #8                            $ 152,471.98

 

CPF #8                            $ 4,400.00

 

Payroll Liability               $ 870,483.85

 

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

 

Date

Check Number

Vendor

Amount

4-13-12

Wire Transfer

MTA Payroll Tax

$ 4,826.11

4-13-12

Wire Transfer

NYS Payroll Tax

$ 71,714.60

4-13-12

Wire Transfer

Federal Tax & FICA

$ 388,101.48

4-25-12

Wire Transfer

LI Golf Management

$ 7,475.79

4-30-12

Wire Transfer

Bond Principal & Interest

$ 1,782,073.84

4-30-12

Wire Transfer

Bond Principal & Interest - CPF

$ 159,257.19

4-19-12

Misc Checks

LIPA

$ 45,482.50

4-16-12

310

The CIT Group

$ 1,228.00

4-16-12

20182

The CIT Group

$ 38,557.50

4-16-12

20181

Central Business

$ 3,345.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

$ 2,502,062.01

* - 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 #8, Capital #8, and CPF #8.

 

14. RES-2012-501 : Appoint John Botos to the Educational and Governmental Access Channel Committee
RESOLVED, that John Botos be appointed to the Educational and Governmental Access Channel Committee (SEA-TV) for the remainder of 2012.
15. RES-2012-502 : Authorize the Town Attorney to Settle the Claim of Timothy Hanna
BE IT RESOLVED, that the Town Attorney's Office is hereby authorized to settle the claim of
Timothy Hanna with the settlement proposed by NYMIR 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.
16. RES-2012-503 : Amend Town Code Chapter 150 in Order to Define the Prohibition of the Display of Wild or Exotic Animals

WHEREAS, the Town Board is considering amending Sections 150-4 and 150-8 of Chapter 150 of the Code of the Town of Southampton to define the prohibition of the display of wild or exotic animals; and

 

WHEREAS, a public hearing was held on April 24, 2012, at which time any and all persons either for or against the amendments were heard; now therefore be it

 

RESOLVED, that Local Law No. 4 of 2012 is hereby adopted as follows:

 

LOCAL LAW NO. 4 OF 2012

 

A LOCAL LAW amending Sections 150-4 and 150-8 of Chapter 150 of the Code of the Town of Southampton to define the prohibition of the display of wild or exotic animals.

 

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

 

SECTION 1. Legislative Intent.

 

The Town Board of the Town of Southampton seeks to prohibit certain instances where wild or exotic animals have been set out to be viewed for the amusement or entertainment of the general public with little or no educational purpose. This local law shall be amended so as to clearly define and prohibit those situations where such animals are set out for no other purpose except to be viewed purely for the amusement and entertainment of the general public.

 

SECTION 2. Amendment.

 

Sections 150-4 (Definitions) of Chapter 150 of the Southampton Town Code is hereby amended by deleting the stricken words and adding the underlined words as follows:

 

§150-4.  Definitions. [Amended 6-12-2001 by L.L. No. 23-2001; 3-23-2004 by L.L. No. 11-2004; 5-10-2005 by L.L. No. 18-2005; 2-28-2006 by L.L. No. 15-2006]

 

As used in this chapter, the following terms shall have the meanings indicated: 

 

ACCESS ROAD, TOWN -- A Town-owned public right-of-way open for passage of vehicles, people and animals to a body of water, beach, park or recreational area.  

 

ACCESS ROAD, TRUSTEE -- A Town Trustee-owned right-of-way open for passage of vehicles, people and animals to a body of water, beach, park or recreational area.  

 

AT LARGE -- Any animal that is unleashed and on property open to the public or is on private property not owned or leased by the owner of the animal, unless permission for such presence has been obtained. No animal shall be deemed to be at large if it is accompanied by and under the immediate supervision and control of the owner or other responsible person, or is a police work dog in use for police work, or is accompanied by its owner or other responsible person and is actively engaged in showing, hunting or training for hunting on unposted land or on posted land with the permission of the owner of the land. [Amended 11-30-2010 by L.L. No. 37-2010]  

 

BAY BEACH AREA -- As defined in §111-31, Article VII, of Chapter 111, Beaches, Parks and Waterways.  

 

BEACH RECREATION FACILITY -- As defined in §111-1 of the Town Code, active public parkland within the bounds of the Bay Beach Area and Ocean Beach Area that is owned by the Town of Southampton and specifically designated for use by Town residents and visitors for recreational purposes. Some beach recreational facilities are "bathing beaches" while others are "unprotected waterfronts" and may be referred to as "beach access areas."  

 

BRIDLE PATH -- A path or trail designated by the Town for horseback riding.  

 

CEMETERIES, TOWN-OWNED OR ABANDONED -- As outlined in §291 of the Town Law.  

 

CIRCUS -- Any institution featuring exhibits for the purpose of entertainment and includes, but is not limited to, exhibitions and performances by clowns, acrobats and/or animals, provided that nothing in this chapter shall be construed as authorizing any display of wild or exotic animals otherwise prohibited by the Code of the Town of Southampton.

 

COMMERCIAL ANIMAL ESTABLISHMENT -- Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition or kennel.  

 

DISPLAY -- To undertake any exhibition, the display of any animal(s) in a(n) act, circus, public show, trade show, photographic opportunity, carnival, ride, parade, petting zoo, race, performance or similar undertaking in which animals are set out to be viewed and/or are required to perform tricks, fight or participate in performances for amusement or entertainment. Display shall not include educational exhibitions by institutions that are accredited by the American Zoo and Aquarium Association, the Association of Sanctuaries or operated by any agency of the state, county or local government. "Displayed" means to be the subject thereof.  

 

DOG -- Any domesticated canine, except guide dogs or service dogs, duly licensed and trained to assist the impaired, visually or otherwise.  

 

DOG WALKING TRAIL -- A trail designated by the Town for the walking of dogs by the owner or other responsible person.  

 

DOMESTIC ANIMAL -- Any domesticated cat, sheep, horse, cattle, llama, goat, swine, fowl, duck, goose, swan, turkey or rabbit.  

 

DUNE AREA -- A naturally occurring accumulation of sand in wind-formed ridges or mounds landward of the beach, often characterized by the natural growth of beach grass (Ammophila breviligulata). Included in this definition are deposits of fill placed for the purpose of dune construction.  

 

EDUCATIONAL EXHIBITION -- For the purposes of this chapter, an animal use or exhibition in which the entirety of the event use or exhibition is devoted to imparting knowledge or information about the exhibited animal's behavior, habitat, life cycle or, migratory patterns, feeding habits or similar pedagogical information and is conducted by an individual or individuals who is/are accredited or similarly qualified to impart such information. At no time during an educational exhibition will any animal be made to perform any behavior that is not intrinsically natural to the animal.  

 

GROOMING SHOP -- A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.  

 

GUIDE DOG -- A canine duly licensed and trained to assist the visually impaired.  

HARBOR -- To provide food or shelter to any animal.  

 

IDENTIFICATION TAG -- A tag issued by the Town Clerk of the Town of Southampton which sets forth the identification number together with the name of the Town and state, the relevant Town telephone number, and any other information deemed necessary by the Town Clerk. [Added 11-30-2010 by L.L. No. 37-2010]  

 

KENNEL -- Any premises wherein any person engaged in the business of boarding, buying, letting for hire, training for a fee or selling dogs or cats. Any premises wherein any person is harboring more than four unspayed or unneutered dogs or cats shall be considered a kennel for the purposes of this chapter.  

 

NATURE PRESERVE -- As defined in §231-3.  

 

OCEAN BEACH AREA -- As defined in §111-31, Article VII, of Chapter 111, Beaches, Parks and Waterways.  

 

OWNER -- Any person who harbors or keeps any animal. "Owner" may also mean that the person who has last obtained the issuance of a license for a dog pursuant to the provisions of this chapter shall be presumed to be the owner of such dog. In the event that any animal found in violation of this chapter shall be owned by a person less than 18 years of age, the owner shall be deemed to be the parent or guardian of such person (or head of the household in which said person resides). [Amended 11-30-2010 by L.L. No. 37-2010]  

 

OWNER OF RECORD -- The person in whose name a dog was last licensed pursuant to this chapter. [Added 11-30-2010 by L.L. No. 37-2010]  

 

PARK -- As defined in §330-5, active and passive public land designated for park purposes by the Town of Southampton.  

 

PARKING-BY-PERMIT-ONLY AREA -- As defined in §111-1, parking areas of a beach recreation facility, park recreation facility, recreation center designated pursuant to §111-2 and posted pursuant to §111-4A, or an access road (both Town and Trustee) regulated pursuant to Chapter 312, Vehicles and Traffic, that is restricted to vehicles displaying a resident or nonresident permit.  

 

PARK RECREATION FACILITY -- As defined in §111-1, active public parkland outside the bounds of the Bay Beach Area and Ocean Beach Area that is owned by the Town of Southampton and specifically designated for use by Town residents and visitors for recreational purposes and managed by the Town Department of Parks and Recreation.  

 

PERFORMING ANIMAL EXHIBITION -- Any spectacle, display, act or event other than circuses, in which performing animals are used.  

 

PERSON -- Includes an individual, any combination of individuals or a corporation.  

 

PET SHOP -- Any person, partnership or corporation, whether operated separately or in connection with another business enterprise, except for a licensed kennel, that buys, sells or boards any species of animal.  

 

RECREATION CENTER -- As defined in §111-1, land, buildings, improvements and equipment for use by Town residents and visitors for recreational purposes.  

 

RESIDENT -- An individual who maintains a residence within the Town of Southampton. [Added 11-30-2010 by L.L. No. 37-2010]  

 

SERVICE DOG -- A canine certified to assist those who are physically impaired other than visually.  

 

TRAIL -- As defined in §295-2.  

 

WILD OR EXOTIC ANIMAL -- Any or all of the following animals, whether bred in the wild or in captivity, and also any or all of their hybrids with domestic species. The words in parentheses are intended to act as examples only and are not to be construed as being an exhaustive list or to otherwise limit the generality of each group of animals. Domestic animals as specified under New York State Agriculture and Markets Law §108(7) are specifically exempted from this list and are not to be considered wild or exotic for the purposes of this chapter.  

 

A.              Nonhuman primates and prosimians (such as chimpanzees, monkeys);  

B.              Felidae, except domesticated cats;  

C.              Canidae, including wolf hybrids and except domesticated dogs;  

D.              Ursidae (bears);  

E.              Elephants;  

F.              Marine mammals (such as seals and sea lions);  

G.              Crocodilians (such as alligators and crocodiles);  

H.              Marsupials (such as kangaroos and opossums);  

I.              Ungulates (such as hippopotamus, rhinoceros, giraffe, zebra, deer);  

J.              Hyenas;  

K.              Mustelidae (such as skunks, weasels, otters and badgers);  

L.              Procyonae (such as raccoons and coatis);  

M.              Endentates (such as anteaters, sloth and armadillos);  

N.              Viverridae (such as civets and genets);  

O.              Cetaceans (such as whales and dolphins);  

P.              Poisonous reptiles (such as rattlesnakes, cobras, and Gila monsters).

 

SECTION 3. Amendment.

 

Sections 150-8 (Performing Animal Exhibitions) of Chapter 150 of the Southampton Town Code is hereby amended by deleting the stricken words and adding the underlined words as follows:

 

§150-8.  Performing animal exhibitions. [Amended 5-10-2005 by L.L. No. 18-2005] 

 

A.              Display of exotic animals. It shall be a violation of this section to exhibit or display any live, wild or exotic animal as defined in §150-4 of this chapter within the Town of Southampton. 

 

B.              In the event that nonwild or nonexotic animals are displayed or exhibited, the use of electric prods or shocking devices, flank or bucking straps, wire tie-downs, sharpened spurs, bull hooks and bullwhips, or any mechanical, electrical or manual device which will cause or is likely to cause physical injury, pain or suffering are specifically prohibited. No animal shall be made to perform any act which is inherently dangerous or unnatural or that is likely to result in injury to the animal. 

 

C.              All nonwild or nonexotic animals brought into Southampton for display or performance must have proof of required vaccinations or a valid certificate of health from a licensed veterinarian dated within one year of the date of display or exhibit. Animals must be free of any outward signs of injury, illness and disease and must be maintained in such condition for the term of the display or exhibit and must be able to meet all other requirements as set forth in §150-9. 

 

D.              The provisions of this chapter shall not apply to the displaying, raising, breeding, boarding, training, or showing of horses, the display of wild or exotic animals by American Zoo and Aquarium Association (AZA) accredited institutions, the Association of Sanctuaries or educational exhibitions Educational Exhibitions as defined in § 150-4 of this Chapter, and provided that a commercial enterprise permit has been granted pursuant to § 150-9 of this chapter and, if appropriate, New York State and Federal licenses have been obtained.

 

SECTION 4.  Authority. 

 

The proposed local law is enacted pursuant to and Municipal Home Rule Law §10(1)(ii)(a)(11) and (12) and §10(1)(ii)(d)(3.

 

SECTION 5Severability.

 

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

 

SECTION 6.  Effective Date.

 

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

 

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

 

NOTICE OF ADOPTION

 

PLEASE TAKE NOTICE that after a public hearing was held by the Town Board of the Town of Southampton on April 24, 2012, the Town Board at its meeting of April 24, 2012 adopted LOCAL LAW NO. 4 OF 2012 as follows: "A LOCAL LAW amending Sections 150-4 and 150-8 of Chapter 150 of the Code of the Town of Southampton to define the prohibition of the display of wild or exotic animals."

 

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

                                                                                   

                                                                                                  BY ORDER OF THE TOWN BOARD                                                                                                                              TOWN OF SOUTHAMPTON, NEW YORK

                                                        SUNDY A. SCHERMEYER, TOWN CLERK

 

 

 

 

17. RES-2012-504 : Authorization of Road Closures and Cost Reimbursement Waiver for the Hand-Aldrich American Legion Post 924 Annual Memorial Day Parade on May 28, 2012 from 10:00 A.M. to 2:00 P.M.

WHEREAS, the Hand-Aldrich American Legion Post 924 has been approved by the Southampton Town Police Department for a Parade Permit for the “Memorial Day Parade” to be held on May 28, 2012 from 10:00 a.m. to 2:00 p.m. on Ponquogue Avenue and Montauk Highway, Hampton Bays; and

 

WHEREAS, the Southampton Town Police Department has issued a report dated March 23, 2012 with regards to the requested road closures for this parade, and also issued a Financial Impact Statement for police services of seventeen Police Officer’s, Part Time Police Officer’s, Traffic Control Officer’s and One Sergeant to assist with vehicular and pedestrian traffic during the parade impacting Town Police - Salaries G/L #02-99-3120-02-6100-0000, Town Police - Overtime G/L #02-99-3120-02-6101-0000 and Town Police - Part Time Salaries G/L #02-99-3120-02-6105-0000; and

 

WHEREAS, the Hand-Aldrich American Legion Post 924 has 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, the event is open to the public for their enjoyment and held on public property with no admission charge; now therefore be it hereby

 

RESOLVED, that the Town Board hereby approves the waiver of the estimated costs as requested by the Hand-Aldrich American Legion Post 924; and

 

BE IT FURTHER RESOLVED, that the Southampton Town Board hereby approves the road closures submitted by the Southampton Town Police Department for the “Memorial Day Parade” to be held on May 28, 2012 from 10:00 a.m. to 2:00 p.m. on Ponquogue Avenue and Montauk Highway, Hampton Bays as listed below, pursuant to §283-4A:

 

1.              On Monday, May 28, 2012, Montauk Highway from Bittersweet South, west to Flanders Road will be closed to vehicular traffic from 10:30 am to approximately 11:30 am;

 

2.              On Monday, May 28, 2012, Ponquogue Avenue from Montauk Highway, south to Lynn Cliff Road will be closed to vehicular traffic from 10:00 am to approximately 11:30 am.

 

18. RES-2012-505 : Authorize Community Preservation Fund Tax Refund Pursuant to the First Time Homebuyers Exemption for Janel Spero

WHEREAS, effective July 23, 2008, State Tax Law §1449-aa was amended to permit a first-time homebuyer exemption for the tax on real estate transfers known as the “Peconic Bay Region Community Preservation Fund” tax; and

 

WHEREAS, pursuant to said amendment, buyers are eligible for the tax exemption provided that the buyer meets certain income and purchase price requirements, and, more specifically, where (i) the household income does not exceed the State of New York Mortgage Agency Low Interest Rate Mortgage Program (SONYMA) household income in the non-target, one and two person household category for Suffolk County, and (ii) the residential purchase price is within 120% of the purchase price limits set forth by SONYMA in the non-target one family category for Suffolk County; and

 

WHEREAS, the amendment requires that the exemption may only be granted upon an application on a form prescribed by the Town, filed with the Town, and approved by the Town if the Town is satisfied that the buyer is entitled to an exemption; and

 

WHEREAS, by Resolution No. 1211, on August 12, 2008, the Town Board of the Town of Southampton adopted the First Time Homebuyers Exemption Application Form; and

 

WHEREAS, on March 16, 2012, Janel Spero (“Purchaser”), purchased a parcel located at 24 Woodridge Road in the hamlet of Hampton Bays, Town of Southampton, and further identified on the Suffolk County Tax Map as #900-268-3-16; and

 

WHEREAS, because Purchaser was not able to obtain a First Time Homebuyers Exemption Application Form prior to closing, Purchaser paid $1,800.00 into the Peconic Bay Region Community Preservation Fund; and

 

WHEREAS, since that time, Purchaser has filed the First Time Homebuyers Exemption Application Form with the Town; and

 

WHEREAS, after a review of Purchaser’s exemption application by the Community Preservation Fund Manager, it has been determined that Purchaser does in fact meet the criteria set forth in State Tax Law §1449-aa, and thus, is entitled to an exemption; now therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes a refund of $1,800.00 to purchaser Janel Spero for unnecessary payment into the Community Preservation Fund pursuant to the First Time Homebuyers Exemption; and be it further

 

RESOLVED, that the Town Board hereby authorizes the Suffolk County Treasurer to take the necessary steps to authorize said refund.

 

19. RES-2012-506 : Accept $4,600.00 Maintenance Bond in Connection with the Site Plan of Frederic Foster

RESOLVED, that the Maintenance Bond Agreement with Frederic C. Foster as "Principal" and official bank check from Suffolk County National Bank, in the name of the Town of Southampton, in the amount of $4,600.00 submitted to guarantee the upkeep, workmanship, materials and survival of landscape planting as specified by resolution of the Planning Board of the Town of Southampton, adopted April 12, 2012, in connection with the Site Plan of Frederic Foster, situate at Westhampton, be and hereby is ACCEPTED. Said Maintenance Bond shall have an obligation date of April 24, 2014.

 

 

20. RES-2012-507 : Accept Retirement of Lorraine Blakeney, Senior Account Clerk Typist in Land Management
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, Lorraine Blakeney, Senior Account Clerk Typist in Land Management, 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 Lorraine Blakeney, Senior Account Clerk Typist in Land Management, effective April 30, 2012; and be it further

RESOLVED, that Ms. Blakeney 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.
21. RES-2012-508 : Accept Retirement of Doris Joseph, Southampton Town Police Officer

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 who are Police Officers or Superior Police Officers represented by the Patrolman’s Benevolent Association of Southampton Town, Inc. or the Southampton Town Police Superior Officers Association, Inc. bargaining units, and who: (i) are or will be eligible to retire and do retire on or before April 30, 2012, based on a service retirement under their respective tiers of the New York State Police and Firefighters Retirement System in which they participate; and (ii) have completed ten (10) or more years of service in the New York State Police and Firefighters Retirement System, excluding any leaves of absence, as a full-time employee of the Town, as of December 31, 2011; and (iii) are employed as a full-time employee on 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 Police and Firefighters 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, Doris Joseph, Southampton Town Police Officer, 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 Doris Joseph, Southampton Town Police Officer, effective April 30, 2012; and be it further

 

RESOLVED, that Ms. Joseph has 24 years of full-time service with the New York State Police and Firefighters Retirement Systems and will be entitled to a lump sum payment of $24,000, 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 $24,000 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.

22. RES-2012-509 : Accept Retirement of Richard Loetscher, Parks Maintenance Crew Leader in Park and Recreation
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, Richard Loetscher, Parks Maintenance Crew Leader in the Park and Recreation 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 Richard Loetscher, Parks Maintenance Crew Leader in the Park and Recreation Department, effective April 30, 2012; and be it further

RESOLVED, that Mr. Loetscher has 35 years of full-time service with the New York State Retirement Systems and will be entitled to a lump sum payment of $35,000, 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 $35,000 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.
23. RES-2012-510 : Create Appraisal Transactions Analyst in Assessors Office and Appoint James Perini to Position

RESOLVED, the position of Appraisal Transactions Analyst be and hereby is created in the Assessors Office, 40 hours, grade F, effective May 1, 2012; and

 

WHEREAS, Section 65 of the Civil Service Law authorizes a provisional appointment when the eligibles list contains the names of fewer than three candidates who are willing to accept the position; be it

 

RESOLVED, based on the recommendation of the Acting Sole Assessor, James Perini be and hereby is appointed provisionally to the position of Appraisal Transactions Analyst in the Assessors Office, subject to all applicable Civil Services requirements, 40 hours, grade F, effective May 1, 2012; and be it further

 

RESOLVED, the Town Comptroller is authorized to make all budgetary and accounting entries necessary in the Assessment Cost Center #1355  and Appraisal Systems Cost Center #1688 to execute.

24. RES-2012-511 : Ratify Stipulation of Settlement with CSEA

WHEREAS, the Civil Service Employees Association, Inc. ("CSEA") filed an improper practice charge against the Town of Southampton ("Town")  with the Public Employment Relations Board on April 2, 2010 ("Improper Practice Charge"); and

 

WHEREAS, the CSEA and the Town are desirous of resolving the Improper Practice Charge without the time, expense, and uncertainty of litigation by executing a Stipulation of Settlement ("Stipulation"); and

 

WHEREAS, the terms of the Stipulation require ratification by the Town Board; now, therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby ratifies the Town's execution of said Stipulation of Settlement with the CSEA.

25. RES-2012-512 : Notice of Public Hearing to Consider Amending Town Code Chapter 312 (Vehicles and Traffic), Article XII (Parking Lots) to Change the Rules and Regulations for the Parking of Vehicles in Parking Lots

BE IT HEREBY RESOLVED, that the Town Board directs that a public hearing shall be held on May 8, 2012 at 1:00 p.m. at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a proposed local law entitled: “A LOCAL LAW amending Southampton Town Code Chapter 312 (Vehicles and Traffic), Article XII (Parking Lots) to change the rules and regulations, for the parking of vehicles in parking lots ", which provides as follows:

 

LOCAL LAW NO.  OF 2012

 

A LOCAL LAW amending Southampton Town Code Chapter 312 (Vehicles and Traffic), Article XII (Parking Lots) to change the rules and regulations for the parking of vehicles in parking lots.

 

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

 

SECTION 1.  Amendment.

 

Section §312- 62 (Rules and Regulations for Specific Parking Lots) of Article XII (Parking Lots) of Chapter 312 (Vehicles and Traffic) of the Code of the Town of Southampton is hereby amended by adding the underlined words and deleting the stricken words as follows:

 

§312-62.  Rules and regulations for specific parking lots.

 

In addition to all other applicable rules and regulations concerning parking lots, the following rules and regulations are hereby established for the following private or municipal-owned parking lots, and in addition to, and not in replacement of the penalties provided for in Article XVIII of this Chapter, those vehicles found to be in violation will be removed at the owner's expense pursuant to Chapter 312, Article XIII, Removal and Storage of Vehicles, of the Town Code:

 

A.              Lands of the Southampton Colonial Society, Inc., leased to the Town Trustees at Conscience Point: The parking of vehicles on or after the 15th day of May to and including the 15th day of September of each year is hereby prohibited daily between the hours of 9:00 p.m. and 6:00 a.m., except those vehicles that display a ramp sticker as required by §111-14 of the Town Code. 

 

B.              Overnight and long-term parking in municipal parking areas. No person shall park or permit to stand any vehicle in any part of the following parking lots between the hours of 3:00 a.m. and 5:00 a.m., except those vehicles that display a long-term parking permit in accordance with §312-61F of this chapter that park or permit to stand in the following specific areas

 

(1)              Designated spaces for up to seven days at the Bridgehampton Railroad Station Municipal Parking Lot east of Butter Lane and north of Montauk Highway, shown as Suffolk County Tax Map No. 0900-69-1-3. 

 

(2)              From October 15 through May 15, d Designated spaces for up to five days at the Bridgehampton South-West Municipal Parking Lot east of School Street and south of Montauk Highway, shown as Suffolk County Tax Map No. 0900-086-2-57.2. 

 

(3)              From October 15 through May 15, spaces for up to 14 days at the Bridgehampton Railroad Station Municipal Parking Lot east of Butter Lane and north of Montauk Highway, shown as Suffolk County Tax Map No. 0900-69-1-3. 

 

(4)              Designated spaces for up to five days at the Starbuck's/Prudential Parking Lot on the north side of Montauk Highway and west of Lumber Lane, shown as Suffolk County Tax Map No. 900-086-5-34.1, leased to the Town of Southampton.   

 

SECTION 2.  Authority.

 

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

 

SECTION 3.  Severability.

 

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

 

SECTION 4.  Effective Date.

 

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

 

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

 

NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on May 8, 2012 at 1:00 p.m. at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against “A LOCAL LAW amending Southampton Town Code Chapter 312 (Vehicles and Traffic), Article XII (Parking Lots) to change the rules and regulations for the parking of vehicles in parking lots.”

 

SUMMARY OF LOCAL LAW

 

The proposed law would clarify that parking in violation in certain areas is subject to both removal and storage of vehicle as well as applicable fine; change parking regulations to allow for year round, overnight and long-term parking at the Bridgehampton South-West Municipal Parking Lot east of School Street and south of Montauk Highway, shown as Suffolk County Tax Map No. 0900-086-2-57.2; and remove approval for long-term parking at parking lot no longer controlled by Town;

 

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

                                                       

                                                                                    BY ORDER OF THE TOWN BOARD                                         

                                          TOWN OF SOUTHAMPTON, NEW YORK

                                          SUNDY A. SCHERMEYER, TOWN CLERK

 

26. RES-2012-513 : Notice of Public Hearing to Consider Enacting Town Code Article VI(A) to Add the University-25 Zoning District to the Southampton Town Zoning Code

RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on May 22, 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 a local law entitled:  “A LOCAL LAW to enact Town Code Article VI(A) to add the University-25 Zoning District to the Southampton Town Zoning Code,” which provides as follows:

 

LOCAL LAW NO.     OF 2012

 

A LOCAL LAW enacting Town Code Article VI(A) to add the University-25 Zoning District to the Southampton Town Code.

 

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

 

SECTION 1.  Legislative Intent.

 

The Town Board of the Town of Southampton recognizes the value institutions of higher education bring to the community, not only by creating jobs and attracting businesses, but by providing the necessary re-education and training community members need to secure good paying jobs in these difficult economic times.  In an effort to ensure that the Town’s college campuses are always dedicated to higher education purposes, the Town Board seeks to create a University-25 (U-25) Zoning District, the best and most appropriate tool to preserve areas primarily used for university and college functions, while still maintaining the educational and cultural offerings such institutions provide to the community. 

 

In short, a parcel designated U-25 could be used as a college or university with its affiliate enterprises such as institutes, hospitals, museums, theaters, laboratories, marine stations, radio stations, and other not-for-profit enterprises; each parcel would have to meet a minimum lot area requirement of at least 25 acres. In creating said district, the Town of Southampton hopes to encourage institutions of higher education develop needed facilities while still existing and functioning in a manner compatible with surrounding land uses and the Southampton community as a whole.

 

SECTION 2.  Amendment.

 

The Southampton Town Zoning Code (Chapter 330), is hereby amended by adding the underlined words as follows:

 

ARTICLE VI(A)

University-25 District (U-25)

 

§330-34.1 General Regulations.

 

A.               A university or college district shall mean the area belonging to an educational institution (a college or university authorized by the State of New York to award degrees), which may contain structures and facilities directly and principally connected to the institution’s mission of education.  These may include classroom facilities, offices, research laboratories, facilities for health and wellness care, facilities for outdoor education and recreation, cultural facilities, student and faculty housing, and facilities necessary for the maintenance of buildings and grounds.  It shall exclude any property which produces income from rent, lease, or business activities not demonstrated to have a direct and primary relationship to education activities.

 

B.              The primary use permitted in the U-25 District shall be colleges and universities and such ancillary uses as are typically associated with a university or college that are customary and subordinate to the primary educational function of the university or college use, including academic housing, sports and recreation facilities, auditoriums, and museums.  Other uses shall be limited to those uses listed in §330-34.3, the University District Table of Use Regulations, which can demonstrate a direct relationship to a university academic use, such as medical center uses, research laboratories, radio stations, and noncommercial educational, scientific, and research organizations.             

 

§330-34.2 Specific Regulations.

 

A.              A master plan and facilities plan shall be provided showing all current uses on the property and all uses anticipated within a minimum projected time frame of five years.  These plans shall show adjacent properties and surrounding uses and the potential impacts on them by the proposed development.

 

B.              If, in the opinion of the Planning Board, the proposed project provides public benefits and educational opportunities to the public at large, the Planning Board is authorized to:

 

(1)              relax the setbacks required by any other sections of the Southampton Town Code. Where such use requires waterfront for establishing waterfront educational improvements, the building setbacks may be reduced by up to 50%, provided that compliance with Town wetland and other relevant environmental regulations is maintained.  Where the relaxation of setbacks is authorized, the Planning Board must make a specific finding that the relaxation of those setbacks will not cause adverse environmental or neighborhood impacts;

 

(2)              relax the minimum height limitations for the district subject to a specific finding, based upon a visual impact analysis, that the relaxation of said limits will not cause adverse impacts to the community character and scenic views;  building heights shall not exceed 72 feet.

 

C.              For the purpose of establishing the number of off-street parking spaces, the Planning Board may consider shared-use parking calculations and/or landbanked parking, allowing a maximum reduction of 25% in the aggregate total parking as required pursuant to other sections of this chapter.

 

D.              Outdoor lighting shall not project light onto nor shall light sources be visible from neighboring properties.

 

E.              Prior to approval, consideration shall be given to all applicable regulations governing occupancies, including the recommendations of the local Fire Chief having jurisdiction.

 

F.              Architectural design.  All construction shall be subject to the review of the Board of Architectural Review, pursuant to Article XIX of this chapter, or its successor.  Every effort shall be made to provide for visual harmony and compatibility among all buildings on the site, with particular reference to existing structures of historic interest.

 

G.              Interior circulation shall be designed to support pedestrian convenience and safety, and to establish walking as the primary means of mobility within the site. Any application for development in the district, other than those that meet the criteria for administrative review, shall include a circulation plan addressing pedestrians, bicyclists, and transit users as well as motor vehicles.

 

H.              All residential buildings shall have a university-related purpose including, but not limited to, housing for students, faculty, and attendees of on-site conferences and programs.

 

I.              On-campus commercial uses shall be limited to those serving the campus population or to providing unique goods and services directly related to the college or university.

 

§330-34.3  University District Table of Use Regulations.

 

The University District Table of Use Regulations is included at the end of this chapter.

 

§330-34.4.  University District Table of Dimensional Regulations.

 

The University District Table of Dimensional Regulations is included at the end of this chapter.

 

SECTION 3.  Amendment.

 

The Southampton Town Zoning Code (Chapter 330), is hereby amended by adding the University District Table of Use Regulations as Attachment 5A as follows:

 

ZONING

 

330 Attachment 5A

 

Town of Southampton

§330-34.3 University District Table of

Use Regulations

 

 

SIC Code

Use Classification

U-25

 

A. Residential uses.

 

 

(1) 1-family detached dwelling, new.

SE

 

(2) 2-family detached dwelling, new.

SE

 

(3) Conversion of existing 1-family dwelling for 2 families.

SE

 

(4) Dwelling lawfully existing prior to adoption of this chapter.

P

 

(5) Apartment.

SE

 

(6) Conversion into residential condominium or residential cooperative.

X

 

(7) 3- and 4-family detached dwelling, new

SE

 

B. Residential community facilities.

 

 

(1) Church or similar place of worship or religious instruction, parish house, rectory, seminary or convent.

P

 

(2) (Reserved)

 

 

(3) Nursery school or child day care.

SE

 

(4) Park, playground or recreational area when authorized or operated by the municipality.

P

 

(5) Public library or museum.

P

 

(6) Fire station, municipal office or any governmental building of similar character.

P

 

(7) School, elementary or high public, denominational or private, nonprofit, operated or licensed by the New York State Education Department.

P

 

(8) School for the mentally challenged, public or private, nonprofit, for which a certificate of

incorporation has been approved and an operating certificate issued under Article 31 of the Mental Hygiene Law of the State of New York.

SE

8081

(9) Alcohol or substance abuse rehabilitation centers.

X

8321

10) Homeless shelters. 

X

 

C. General community facilities.

 

 

(1) Beach club, nonprofit.

X

 

(2) Bus passenger shelter.

P

 

(3) (Reserved)

 

 

(4) (Reserved)

 

 

(5) (Reserved)

 

 

(6) Nursing home or proprietary rest home.

X

 

(7) Philanthropic, fraternal, social or educational institutional office or meeting room, nonprofit.

P

 

(8) Public utility structure or right-of-way, sewage treatment plant or water supply facility necessary to serve the municipality.

SE

 

(9) Wireless communications towers and antennas.

SE

 

(10) Yacht club and marina, nonprofit.

X

8321

(11) Individual and family social services.

SE

8399

(12) Social services not elsewhere classified.

X

 

D. Business uses.

 

 

(1) Agricultural category.

 

01

Agriculture, excluding animal husbandry

P

0279

Animal shelter, kennel or aviary

X

02

Animal husbandry

X

074

Veterinary services or kennel

X

0781

Landscape and horticultural services

SE

 

Greenhouse, agricultural

P

 

Greenhouse, commercial

X

 

Plant nursery

P

 

Horse farm, horse stabling facility or horseback

riding academy

X

 

(2) Wholesale business category.

 

5012

Automotive and other motor vehicles

X

5013-4

Automotive parts and supplies

X

5021/3

Furniture and home furnishings 

X

5031

Lumber, plywood and millwork 

X

5041-2

Sporting and recreational goods and supplies 

X

5043

Photographic equipment and supplies 

X

5063

Electrical apparatus and equipment, wiring supplies and construction materials

X

5064

Electrical appliances, television and radio sets 

X

5065

Electronic parts and equipment 

X

5072

Hardware 

X

5074-5

Plumbing and heating equipment and supplies 

X

5078

Refrigeration equipment and supplies 

X

5081

Commercial office, business, food service and fountain machines and equipment

X

5083

Farm and garden machinery and equipment

X

5086

Professional equipment and supplies 

X

5087

Service establishment equipment and supplies 

X

5094

Jewelry, watches, diamonds and other precious stones

X

5099

Other durable goods' wholesale distribution 

X

5111-3

Paper and paper products 

X

5133

Piece goods (woven fabrics) 

X

5134

Notions and other dry goods 

X

5136-7

Clothing, furnishings and accessories 

X

5139

Footwear

X

 

Beer, wine and distilled alcoholic beverages, wholesale/retail beverage distribution

X

5191

Farm supplies 

X

5199

Other nondurable goods' distribution 

X

 

(3) Retail business category.

X

5231

Paint, glass and wallpaper stores 

X

5251

Hardware stores 

X

5261

Retail nursery and lawn and garden supply stores 

X

5271

Mobile home dealers 

X

5311

Department stores 

X

5334

Variety stores 

SE

5399-3

General merchandise stores 

SE

5411

Grocery stores 

X

5422-3

Meat and fish stores 

X

5431

Fruit and vegetable markets 

X

5441

Candy, nut and confectionery stores 

SE

5451

Dairy products stores 

X

5426-3

Retail bakery, baking and selling 

SE

5499

Other food stores 

SE

5511-21

Motor vehicle dealers (new and used) 

X

5531

Auto and home supply stores 

X

5541

Gasoline service stations and filling stations 

X

5551

Boat dealers 

X

5561/99

Recreational and utility trailer dealers 

X

5571

Motorcycle dealers 

X

5611/51

Clothing, personal furnishings and accessories 

SE

5661

Shoe stores

X

5661

Furriers 

X

5699

Miscellaneous apparel 

SE

5712

Furniture and home furnishings 

X

5713

Floor covering stores 

X

5714

Drapery, curtain and upholstery stores

X

5719

Miscellaneous home furnishings 

X

5722

Household appliance stores 

X

5732

Radio, television and related stores 

X

5733

Music stores

X

5812

Drive-through or drive-in establishment 

X

5812

Restaurant, drive-in 

X

5812

Restaurant, drive-through or drive-thru 

X

5812

Restaurant, fast-food 

SE

5812

Restaurant, standard 

SE

5812

Restaurant, take-out 

SE

5813

Bar, tavern or nightclub 

X

5912

Drugstores 

X

5921

Liquor stores (beer and wine) 

X

5931

Used merchandise stores

X

5934

Antique stores 

X

5941

Sporting goods and bicycle shops 

X

5942

Bookstores 

P

5943

Stationery stores 

SE

5944

Jewelry stores 

X

5945

Hobby, game and toy stores

X

5946

Camera and photographic supply stores 

X

5947

Gift, novelty and souvenir shops 

SE

5948

Luggage and leather goods 

X

5949

Sewing, needlework and piece goods stores 

X

5961

Mail-order houses 

X

5982

Fuel and ice dealers (except oil and gas) 

X

5983

Fuel oil dealers (fuel storage in tanks) 

X

5984

Liquefied-gas dealers (fuel storage in tanks) 

X

5992

Florists 

X

5993

Cigar stores and tobacconists 

X

5994

News dealers and newsstands 

P

 

Retail center

X

 

Community

X

 

Hamlet 

X

 

Regional 

X

5999

Other retail 

SE

 

(4) Office business category.

SE

60-1

Banks and credit agencies 

SE

60-1

Drive-through or drive-in bank 

X

62

Security and commodity brokers, exchanges and services

X

63-4

Insurance offices 

X

65-6

Real estate offices 

X

67

Other investment offices 

X

731

Advertising services 

X

732

Credit/mercantile reporting agencies 

X

733

Mailing, reproduction, commercial art and steno services

SE

736

Personnel supply agencies 

SE

737

Computer and data processing services 

SE

7392

Management, consulting and public relations services

SE

7393

Protective and security agencies 

X

801-4

Offices of physicians, dentists and other health practitioners and medical arts buildings

P

807

Medical and dental laboratories 

P

808

Outpatient care facilities 

P

809

Health and allied services 

P

811

Legal services

P

824

Correspondence and vocational schools

P

829

Other schools and educational services

P

861-3

Business, professional and labor organizations

P

864

Civic, social and fraternal associations 

P

865

Political organizations

P

869

Other membership organizations

P

891

Engineering, architectural and surveying services

P

892

Noncommercial educational, scientific and research organization

P

893

Accounting, auditing and bookkeeping services

P

899

Other services 

 

 

(5) Personal and other service categories.

 

15-17

Building construction, general and special trade contractors

X

41

Public passenger transportation services and terminals

SE

497

Irrigations systems

X

721

Laundry, dry-cleaning plants and garment services

X

 

Laundry, dry-cleaning and garment services (pickup/drop-off centers only)

X

 

Dry cleaning - neighborhood service facility 

X

722

Photographic studios 

X

723-4

Beauty or barber shops 

X

725

Shoe repair 

X

726

Funeral services, except crematory 

X

729

Costume and formal wear rental; diet or weight reducing workshops; and tanning salons

X

729

Other personal services

X

734

Household and building services

X

7394

Appliance, furniture and equipment rental and leasing

X

751

Auto, truck and trailer rental and leasing 

X

753169

Automotive and auto body repair shops 

X

7534

Tire retreading and repair shops

X

7535

Auto paint shops 

X

7542

Auto cleaning and carwashes 

X

7549

Other auto services 

X

762

General electrical repair shops 

X

763

Watch, clock and jewelry repair 

X

764

Reupholstery and furniture repair 

X

769

Other repair services, welding 

X

4121

Taxicab services, including repairs 

X

7399

Business services, not elsewhere classified  

X

(6)

Amusement and recreational business category.

 

782

Motion-picture, film and tape distribution 

X

783

Motion-picture theaters, community

SE

791

Dance halls, studios or schools

SE

793

Bowling alleys or billiards 

SE

799

Physical fitness facilities 

P

7999

Other indoor activities 

SE

7999

Miniature golf, driving ranges, pitch-n-putt, batting cages, go-carts, bumper cars or similar outdoor recreation

X

7999

Art galleries

P

 

(7) Other business uses.

 

 

Hotels and motels, transient

X

 

Motels, resort

X

 

Marinas and yacht clubs, for profit

X

 

Waterfront business complex

X

 

E. Industrial uses:

X

 

(1) Nonmanufacturing industry.

X

422

Warehousing 

X

 

Self-service storage facility 

X

 

(2) Manufacturing industry.

X

025

Bakeries, wholesale

X

2092

Fresh or frozen packaged fish or commercial fishing facilities

X

2097

Manufactured ice 

X

27

Printing or publishing

SE

321-3

Glass and glass products

X

326

Pottery and related products 

X

373

Ship and boat building and repairing or boatyards 

X

3949

Sporting and athletic goods, not elsewhere classified

X

411 (3)

Local and suburban passenger transportation. 

SE

4121 (4)

Taxicabs.

X

 

F. Accessory uses.

 

 

(1) Accommodations for not more than 2 roomers or boarders in 1-family detached dwelling, provided that separate kitchen and entrance facilities shall not be provided.

SE

 

(2) Customary accessory structures and/or uses, except those prohibited by this chapter.

P

 

(3) Home occupations other than home professional offices.

X

 

(4) Home professional offices. 

X

 

(5) Private garages or private off-street parking pursuant to §§330-92 through 330-101.

P

 

(6) Private mooring, docks or similar marine structures in tidal wetlands or walkways over the dunes on an ocean beach pursuant to §330-39 et seq.

SE

 

(7) Private swimming pools. 

P

 

(8) Signs pursuant to §§330-85 through 330-91.

P

 

(9) Temporary roadside stands for sale at retail of farm products grown on the premises.

P

 

(10) Housing for restaurant employees. 

X

 

(11) Greenhouses, private.

P

 

(12) Accessory apartment pursuant to Article IIA of this chapter.

SE

7011

(13) Bed-and-breakfast in an accessory building. 

X

7011

(14) Bed-and-breakfast above stores and restaurants.

X

 

SECTION 4.  Amendment.

 

The Southampton Town Zoning Code (Chapter 330), is hereby amended by adding the University District Table of Dimensional Regulations as Attachment 5B as follows:

 

ZONING

 

330 Attachment 5B

 

Town of Southampton

§330-34.4 University District Table of

Dimensional Regulations

 

 

Dimension

U-25

Lot area

 

Minimum (acres)

251

Minimum per dwelling unit (square feet)

None

Lot coverage

 

Maximum lot coverage by main and accessory

buildings (percent)

30

Lot width, minimum (feet)

500

Height, maximum

 

Stories

2

Feet

35

Yards, principal building, minimum (feet)

 

Front

100

Side, minimum for 1

100

Side, total for both on interior lot 

200

Side, abutting side street on corner lot 

100

Rear 

100

Yards, accessory buildings and structures, except fences and retaining walls, minimum (feet)

 

Distance from street 

100

Distance from side line 

100

Distance from rear line

100

1  One or more lots in the same ownership, whether or not contiguous.

 

 

SECTION 5.  Authority.

 

The proposed local law is enacted pursuant to Town Law §264 and Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12) and 10(1)(ii)(d)(3).

 

SECTION 6.  Severability.

 

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

 

SECTION 7.  Effective Date.

 

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

 

AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to forward a copy of the proposed law to the Southampton Town Planning Board as well as the Suffolk County Planning Commission for their review and recommendations; and be it further

 

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

 

NOTICE OF PUBLIC HEARING

 

TAKE NOTICE, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on May 22, 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 a local law entitled, “A LOCAL LAW to enact Town Code Article VI(A) to add the University-25 Zoning District to the Southampton Town Zoning Code.”

 

Summary of Proposed Law

 

The Town Board of the Town of Southampton recognizes the value institutions of higher education bring to the community, not only by creating jobs and attracting businesses, but by providing the necessary re-education and training community members need to secure good paying jobs in these difficult economic times.  In an effort to ensure that the Town’s college campuses are always dedicated to higher education purposes, the purpose of this local law is to create a University-25 (U-25) Zoning District, the best and most appropriate tool to preserve areas primarily used for university and college functions, while still maintaining the educational and cultural offerings such institutions provide to the community. 

 

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

             

                                                                                    BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF SOUTHAMPTON, NEW YORK

                                                                                    SUNDY A. SCHERMEYER, TOWN CLERK

 

 

 

 

27. Walk-on Resolution Nos. 2012-514 and 2012-515
28. RES-2012-514 : Amend the Community Development Block Grant (CDBG) Program for Various Projects

RESOLVED, based on the recommendation of the Southampton Housing Authority Board of Directors the Town Board of the Town of Southampton hereby adopts the following budget modifications to amend the Budget of the Community Development Block Grant Program: 

 

2005

Current

Proposed Change

Amended          Budget

School Street Reconstruction

$80,000.00

- 2,163.90

$77,836.10

Home Improvement Program

$33,660.00

+2,163.90

$35,823.90

2009

 

 

 

Bridgehampton Child Care Center

$15,000.00

-  300.00

$14,700.00

Home Improvement Program

$30,000.00

+ 300.00

$30,300.00

2010

 

 

 

Community Health Initiative

$5,000.00

- 5,000.00

$      0.00

Farm Fresh Food Project

$      0.00

+5,000.00

$5,000.00

Southampton Head Start Bldg Imp

$50,000.00

-28,327.20

$21,672.80

Home Improvement Program

$30,000.00

+28,327.20

$58,327.20

 

 

 

 

 

 

 

 

 

29. RES-2012-515 : Authorize Supervisor to Sign Professional Services Contract with James Egan Marketing Co. to Develop Marketing Campaign for the Southampton Green Homes Program

WHEREAS, Town Board Resolution 2010-954 authorized the Supervisor to enter into a subcontractor or other appropriate agreement with the Community Development Corporation of Long Island (CDCLI) to administer the town-wide outreach and marketing effort that ensures its residents have access to energy retrofits through the Green Jobs-Green New York Program, called locally Southampton Green Homes; and

 

WHEREAS, the CDCLI's Green Initiatives Agreement No. 407, signed by the Supervisor and the Community Development Corporation of Long Island was fully executed on April 13, 2011 and expires in May 2013, and allows for retroactive invoicing dating back to June 8, 2010; and

 

WHEREAS, the Energy and Sustainability Coordinator is now and has been implementing this Green Initiatives Agreement No. 407 and is incurring expenses against these grant funds, including salary, fringe benefits, equipment, travel, and related administrative expenses in addition to marketing and promotion as necessary to the implementation of the Southampton Green Homes program; and

 

WHEREAS, the CDCLI's Green Initiatives Agreement No. 407 comprises a $300,000 reimbursement grant that the Town of Southampton must submit invoices against in order to draw down the grant monies; and,

 

WHEREAS, as part of the approved budget for the grant, $66,490 dollars is designated for the Town of Southampton to spend for the purposes of marketing and promotion for the grant program; and,

 

WHEREAS, the Town's Sustainability Coordinator, in compliance with the Town's procurement policy, has solicited price quotations from two vendors for the provision of professional services for the development of a marketing campaign for the Southampton Green Homes Program; and,

 

WHEREAS, after review of the two price quotation proposals, the Town's Sustainability Coordinator recommends that the Town enter into an agreement with James Egan Marketing Co.; now, therefore be it,

 

RESOLVED, that the Supervisor is hereby authorized to enter a professional services agreement with James Egan Marketing Co. for the development of a marketing campaign for the Southampton Green Homes Program in an amount not to exceed $13,700; and be it

 

FURTHER RESOLVED, that the professional services to be provided under this agreement shall include, but not be limited to:

a.                  Devise a marketing strategy

b.              Plan and schedule media campaigns

c.                  Develop branding

d.                  Design graphics

e.                  Produce ads

f.                   Develop an offsite landing page including links to social media i.e. Facebook, twitter, YouTube

g.                  Radio spot production

h.                   Campaign monitoring

i.                    Media placement negotiations

j.                    Analytics and reporting of online ads and landing page traffic;

and, be it

FURTHER RESOLVED, that the contract will be prepared by the Office of Contracts Administration and per the Town Comptroller no payment shall be made until the contract has been fully executed by all parties and a purchase order has been approved. The source of funding for this contract shall be Restricted Fund Account Southampton Green Homes G/L #R1-99-R072-00-6401-0000 in an amount not to exceed $13,700.

30. Walk-on Resolution Nos. 2012-516 through 2012-519
31. RES-2012-516 : Appoint Harry Miller to Waterways Maintenance Mechanic III Position in Trustees
WHEREAS, the 2012 Adopted Budget provides for a Maintenance Mechanic IV position in the Trustees Office; and

WHEREAS, the Trustee President has determined that the title of Waterways Maintenance Mechanic III will better serve the needs of the Department at this time; be it

RESOLVED, the position of Maintenance Mechanic IV be and hereby is abolished in the Trustees Office effective June 1, 2012; and be it

RESOLVED, the position of Waterways Maintenance Mechanic III be and hereby is created in the Trustees Office effective June 1, 2012; and be it further

RESOLVED, based on the recommendation of the Trustees President, Harry Miller be and hereby is appointed to fill the vacant non-union position of Waterways Maintenance Mechanic III in the Trustees Office, 40 hours, at an annual salary of $52,000, subject to all applicable Civil Service Requirements, effective June 1, 2012; and be it further

RESOLVED, this position is budgeted for and will be funded through the Town Trustees Cost Center #8700; and be it further

RESOLVED, that 50% of the funding for this position including all employer payroll taxes and benefits shall be provided by the Town Trustees on no less than a quarterly basis at the start of the quarter and the Town Comptroller is authorized to make all budgetary and accounting entries necessary to execute.
32. RES-2012-517 : Recall and Amend Resolution 2012-391 Nutrition Program

WHEREAS, on March 27, 2012, the Town Board of the Town of Southampton by Resolution 2012-391 authorized the Supervisor to sign a Contract with Suffolk County Office for the Aging for Nutrition; and

 

WHEREAS, the following whereas clause should be amended as follows to coincide with the contract received:

 

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 $473,243.00 for the Home Delivered Meals Program for the Bridgehampton, Hampton Bays, and Flanders Programs and up to $13,699.00 $ 13,700.00 for the Shinnecock Congregate Nutrition Program and up to $10,257.00 $10,258.00 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 $852,798.00 in revenue to the Town of Southampton; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the above changes to resolution 2012-391, while all of the other content of resolution 2012-391 remains the same.

33. RES-2012-518 : Authorize the Supervisor to Execute Contracts with Mivila Foods, Center Moriches Paper Co., and Appco Paper & Plastics Corp. for Additional Paper Products to be Provided to the Senior Center
WHEREAS, on February 28, 2012, by Resolution No. 2012-269, the Town Board of the Town of Southampton authorized and directed the Town Clerk to advertise a public bid for the Supply of Paper Products to the Senior Centers within the Town; and

WHEREAS, five (5) bids were received, opened and read aloud on March 14, 2012; and

WHEREAS, the bids were reviewed by the Director of the Senior Center utilizing these products and it was determined that the following contracts should be awarded:

Item(s) 4, 7, 14, 19, 32, 33, 34, 44 and 49 should be awarded to Mivila Foods; and

Item(s) 3, 5, 21, 24, 31, 35, 37, 39, 43 and 46 should be awarded to Center Moriches Paper Corp.; and

Item(s) 6, 8, 9, 10, 15, 16, 20, 23, 26, 36, 38, 40, 41, 42, 45 and 48 should be awarded to Appco Paper & Plastics Corp.; and

Item(s) 1, 2, 11, 12, 13, 17, 18, 22, 25, 27, 28, 29, 30 and 47 were previously awarded to Who But W.B. Mason, Inc. under resolution(s) 2011-505, further extended by resolution 2011-1072 and recall and amend resolution 2012-109; and

WHEREAS, based on these recommendations, the contracts for the Items listed above should be awarded to Mivila Foods, Center Moriches Paper Co., and Appco Paper & Plastics Corp., respectively based on the prices contained within their respective bids, while Who But W.B. Mason's contract remains the same; now therefore, be it

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract with Mivila Foods, Center Moriches Paper Co., and Appco Paper & Plastics Corp. and the terms of all the contracts will be from the date of execution to December 31, 2013. The Town reserves the right to extend this contract for up to two (2) additional one (1) year periods by formal resolution; be it

FURTHER RESOLVED, that these contracts will be prepared by the Office of Contracts Administration and per the Town Comptroller no purchase order shall be issued and no payment shall be made until the contract has been fully executed by all parties. The source of funding for these projects shall be various G/L accounts within the Human Services Department in amounts not to exceed individual budgets.
34. RES-2012-519 : Recall and Amend Resolution No. 470 of 2012, Home Rule Request Resolution in Support of Senate Bill S.6451 and Assembly Bill A.9237 as it Relates to the Alienation of Parkland in the Town of East Hampton

WHEREAS, the Town Board of the Town of Southampton adopted Resolution No. 470 of 2012 on April 10, 2012; and

 

WHEREAS, said resolution failed to direct the signing of the home rule request forms; now therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby supports Senate Bill S.6451 and Assembly Bill A.9237 as it relates to authorizing the Town of East Hampton to alienate, transfer, and convey its interest in the Poxabogue Golf Center, jointly owned by the towns of Southampton and East Hampton, to the Town of Southampton; and be it further

 

RESOLVED, that the Supervisor and the Town Clerk are hereby authorized to sign the appropriate number of home rule request forms in support of Senate Bill S.6451 and Assembly Bill A.9237, as discussed above; and be it further

 

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

 

 

 

 

VII. Closing
1. Adjourn



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