Southampton Town Board
Regular Town Board Meeting
4/10/2012 1:00 PM
Town Hall - Town Board Room
116 Hampton Road   Southampton, NY 11968
I. Call to Order
1. Roll Call
2. Statement
II. Minutes Approval
1. Minutes of Mar 27, 2012 6:00 PM
III. Communications
A. Public Notices
1. New York State Dept. of Transportation
2. Suffolk County Planning Dept.
3. Town of Riverhead
4. Financial Disclosure Statements
5. Letters / Petitions
B. Bid Openings
1. Bid Openings - March 2012
IV. Public Hearings
1. Public Hearing Lyzon Hat Shop Town Landmark
2. Set PH Accept Dedications BH Road Races Corp. Sub
V. Public Portion
VI. Resolutions
1. Adopt Resolution No. 2012-431
2. Recall Resolution No. 2012 - 431
3. Amend Resolution No. 2012-431
4. RES-2012-431 : Resolution Accepting Deeds of Dedication of Five Parcels in Connection with the Subdivision Map of Bridgehampton Road Races Corp., Situate in Noyac

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

 

 

5. RES-2012-440 : 2012 Hamlet Services Grant for the Sag Harbor Chamber of Commerce

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

 

WHEREAS, the Sag Harbor Chamber of Commerce has submitted a letter to the Town dated March 11, 2012 requesting 2012 funding for its commitment to repair the Sag Harbor Windmill, an icon of the Sag Harbor viewscape that is at the gateway of Sag Harbor’s historic downtown; and

 

WHEREAS, specifically, the Sag Harbor Chamber of Commerce, in conjunction with the whole community, is organizing fund-raising efforts to rebuild the damaged blades, and replace the aging floor, foundation and electrical system; and now, therefore be it

 

RESOLVED, that the Sag Harbor Chamber of Commerce shall be awarded a grant in the amount of $1,000.00 to help in the repair and restoration of the Sag Harbor Windmill; and be it further

 

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

6. RES-2012-441 : 2012 Parks and Recreation Agreements for Programs

WHEREAS, the Town of Southampton provides programs during the winter, spring, summer and fall to the residents of the Town of Southampton both young and old in areas ranging from watercolor painting to Latin dancing; and

             

WHEREAS, interviews are conducted with local professionals to determine their eligibility and experience to provide these services to the Town's residents; and

 

WHEREAS, based on those interviews, contracts with these vendors are subsequently signed to ensure that these services will be provided to our residents in a professional and safe manner; and

 

WHEREAS, the hourly wage paid to the vendor is determined by the Parks and Recreation Department and is paid by the participants of the program; and

 

WHEREAS, the Superintendent of the Parks and Recreation Department recommends that the Supervisor sign agreements with the following vendors for the programs listed below:

Vendor Rates

 

CLASS                                                        INSTRUCTOR                                                        RATE             

Acting                                                        Frank Cento                                                        $50/hour             

Baseball Camp                             Rob Nelson                                                        $500.00/program             

Baton                                                         Carol Giordano                                          $40/class             

Basketball                                          John Paga                                                        $1500/program             

East End Volleyball                            Rich Heiles                                                        $275/team             

Exercise                                          Heather Rollo                                                        $40/hour             

Exercise                                          Maureen Lerch                                          $40/class             

Exercise                                          Patty Tuzzolo                                                        $40/class             

Golf Calverton Links                            Steve Lee                                          $90/student $80/senior

Golf  Indian Island                            Steve Feder                                          $90/student $80/senior

Hip-Hop Dance                             Adam Baranello                                          $45/class             

Kayaking                                          Jerry Collins                                                         $90/student             

Kayaking                                          Mike Bottini                                                        $90/student             

Kayak tour                                          Mike Bottini                                                        $20/student             

Lacrosse                                          Ralph Pepe                                                        $95/student             

Music                                                        Ina Ferrara                                                        $70/student             

Painting                                          Liz Mignerey                                                        $75/class             

Beginner Painting                            Mary VanDeusen                                          $40/hour             

Rhythm Rec                                            Gail Benevente                                          $45/class             

Skate Clinic                                          Tom Noonan Inline 1Extreme              $350/clinic              

Soccer                                                        Celine Martin                                                        $100/student- rate             

Tai-Chi                                                        Sal Minardi                                                        $65/class             

Volleyball Camp                            Kevin Trentowski                                          $600/program             

Yoga                                                        Ann Harmon                                                        $70/class             

Windsurfing                                          Jon Ford                                                        $150/student             

 

WHEREAS, all of the instructors contained within the table above shall be required to execute contracts with the Town of Southampton; now therefore, be it

    

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute agreements with the individuals or entities listed above to provide services for the winter, spring, summer and fall programs offered by the Department of Parks and Recreation for the year 2012, these agreements will be prepared by the Office of Contracts Administration, per the Town Comptroller's Office, no purchase order shall be issued and no payment shall be made without a fully executed agreement. The source of funding for these agreements shall be Parks & Recreation Department Recreation Programs Division - Program Expenses G/L #01-99-7021-01-6470-0000 in amounts not to exceed budget allocation for each service.

7. RES-2012-442 : Authorize Supervisor to Sign Agreements and Documents Necessary to Participate in the State of New York Department of Agriculture and Markets 2012 Farmers' Market Nutrition Program

WHEREAS, by resolution 2012-339, the Town Board authorized the Supervisor to sign an application to participate in the State of New York Department of Agriculture and Markets 2012 Farmers' Market Nutrition Program; and

 

WHEREAS, the Town of Southampton's application to participate in said program was submitted and approved as evidenced by correspondence received by the Town, dated March 28, 2012; and

 

WHEREAS, the Town of Southampton is desirous of participating in the program this year; now therefore be it

 

RESOLVED, that the Supervisor is hereby authorized to sign any and all agreements and documents, in a form approved by the Office of Contracts Administration, necessary for the Town's participation and involvement in the State of New York Department of Agriculture and Markets 2012 Farmers' Market Nutrition Program.

8. RES-2012-443 : Authorize Supervisor to Sign Contract with Pavement Services, Inc. for Upgrade of Highway Pavement Management System Solution

WHEREAS, it has become necessary for the Highway Department to upgrade their antiquated and unreliable pavement management system (Road Manager 2000); and

 

WHEREAS, Pavement Services, Inc. (PSI) successfully implemented the existing Road Manager 2000 solution in Southampton in 1999; and

 

WHEREAS, PSI has developed an upgraded solution to their outdated system called Geographic Pavement Management System (Road Manager GPMS); and

 

WHEREAS, Road Manager GPMS is a full-featured pavement management system that is designed to track the physical inventory and the current and historic condition of pavement segments as well as provide powerful budget analysis tools totally within the GIS environment; and

 

WHEREAS, Road Manger GPMS will provide the Highway Department with the tools needed to use GIS-based capabilities to identify and prioritize pavement improvement needs and develop a cost effective , long-range program to address those needs; be it therefore

 

RESOLVED, based on the recommendation of the Superintendent of Highways and the Director of Information Management, the Supervisor is authorized to enter into an agreement with Pavement Services, Inc. for the upgrade of the current pavement management software to include a project kickoff, creation of a GIS route system, conversion of existing data, installation and configuration of the new solution, and staff training, at a cost not to exceed $22,975.  This contract shall be approved by the Office of Contracts Administration and, per the Town's Comptroller, no payment shall be made without a fully executed contract; and be it further

 

RESOLVED, the project be funded from Capital Project Highway Pavement Management Software Account G/L #C6-99-C300-00-6202-0000.

9. RES-2012-444 : Authorize Supervisor to Sign Memorandum of Agreement with County of Suffolk for Participation in WMD Hazardous Materials Training Grant

WHEREAS, the Town of Southampton is in close proximity to New York City and hosts many high profile activities and events that could be, although there is no credible evidence at this time to suspect they are, the target of a WMD event; and

 

WHEREAS, it is recognized that the Town’s Hazardous Materials Response Team may be called upon for not only local, but also regional Hazardous Material Response and Decontamination capabilities in response to a WMD event or other hazardous material incident; and

 

WHEREAS, resources to respond to a WMD or Hazardous Material event in all municipalities are limited, it is advantageous for the Town to enter into Memorandums of Agreement (MOA) with local partners to share resources and best utilize shared capabilities, and as such, the Town has previously entered into MOAs with adjoining Town and Village agencies for Hazardous Materials Response; and 

 

WHEREAS, in order to be fully prepared and properly trained in the event of an incident, the Town recognizes ongoing training  and drilling is essential; and

 

WHEREAS, the Town has the opportunity to participate in a regional drill and training exercise with the County of Suffolk, the Town of Riverhead, the Town of Brookhaven, the Brookhaven National Laboratory, the Riverhead Fire Department and other local Emergency Medical Services; and

 

WHEREAS, there is a funding opportunity available to provide cost recovery and reimbursement for employee  expenses associated with participating in said drill and training exercise through the Suffolk County Fire, Rescue and Emergency Services, the submitting partner and direct recipient of a Hazardous Material Grant Program award; now therefore let it be

 

RESOLVED, that the Supervisor and the Chief Fire Marshal of the Town of Southampton are hereby authorized to sign a Memorandum of Agreement between the Participating Partners and the Suffolk County Department of Fire, Rescue and Emergency Services for the 2008 Hazardous Material Grant Program and to authorize the members of the Town’s Hazardous Materials Response Team to participate in the designated multi-agency drill and training exercise.

 

10. RES-2012-445 : Authorize the Supervisor to Execute 2012 License Agreements with Riverhead School District and East End Rowing Club for Rowing Instruction at Reeves Bay
WHEREAS, the Riverhead School District and East End Rowing Club are providing rowing instruction and team participation for underprivileged students, including students residing in the Flanders and Riverside Communities; and

WHEREAS, the programs are to run from April 1, 2012 to May 31, 2013 and the organizations seek to gain access to Reeves Bay via the Town-owned property located at 1030 Flanders Road, Flanders, New York, SCTM#900-146-1-41.1; and

WHEREAS, it is the recommendation of the Superintendent of Parks and Recreation and the Community Preservation Manager to execute agreements with these entities to provide the requested access, in an effort to provide underprivileged students an opportunity to participate in a school team and outdoor activities, however, access will also remain open to all Town residents to enjoy this Town owned Bay; now therefore, be it

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to enter into a license agreement with the Riverhead School District and the East End Club for Rowing, these agreements shall be prepared by the Office of Contracts Administration.

There is no financial impact for this agreement.
11. RES-2012-446 : Authorize the Supervisor to Execute a Contract with Keith Grimes, Inc. for the Drainage Construction in Areas East of the Shinnecock Canal

WHEREAS, on February 28, 2012, the Town Board of the Town of Southampton, pursuant to Resolution Number 2012-266 authorized and directed the Town Clerk to advertise a public bid for drainage in areas East of the Shinnecock Canal; and

 

WHEREAS, three (3) bids were received, opened and read aloud on March 21, 2012; and

 

WHEREAS, one (1) bid is hereby disqualified as being non-responsible due to the fact that the bid was placed in both the East and West Areas of the Shinnecock Canal, although paragraph 17 (method of award) of the bid package specifically states that Failure to comply with this requirement shall lead to rejection of the Bidder’s entire bid; and

 

WHEREAS, the Town of Southampton reserves the right to reject any and all bids; and

   

WHEREAS, the bid received from Keith Grimes, Inc. in the lump sum of $299,700.00 was reviewed by the Highway Superintendent and it was determined that Keith Grimes, Inc. is the lowest responsible bidder in accordance with General Municipal Law Section 103; and

 

WHEREAS, the Town seeks to utilize the catalog, or unit prices, provided by Keith Grimes, Inc., for the listed products and services on an as-needed basis; and

 

WHEREAS, based upon the recommendation of the Superintendent of Highways, the contract for drainage in areas East of the Shinnecock Canal should be awarded to Keith Grimes, Inc.; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract with Keith Grimes, Inc. to provide drainage in areas East of the Shinnecock Canal, in accordance with the unit pricing provided by Keith Grimes, Inc. on an as-needed basis; be it

 

FURTHER RESOLVED, that this contract shall be prepared by the Office of Contracts Administration and per the Town Comptroller's Office, no purchase order shall be issued and no payment shall be made, until the contract has been fully executed by all parties. The source of funding for this contract shall be Capital Project Townwide Drainage Improvements, G/L C6-99-C326-00-6246-0000, in various amounts based upon items and/or services procured and necessity, in an amount not to exceed budget.

12. RES-2012-447 : Authorize the Supervisor to Execute a Contract with Roadwork Construction Corp. for Drainage Construction in Areas West of the Shinnecock Canal

WHEREAS, pursuant to Resolution No. 266 of 2012, adopted on February 28, 2012, the Town Board of the Town of Southampton authorized and directed the Town Clerk to advertise a public bid for drainage in areas West of the Shinnecock Canal; and

 

WHEREAS, four (4) bids were received, opened and read aloud on March 21, 2012; and

 

WHEREAS, upon review, two bids were disqualified for not adhering to the bid specifications; and

 

WHEREAS, specifically, one bidder submitted a proposal for areas both East and West of the Shinnecock Canal, in direct contravention of the Instructions to Bidders found at page IB-8 of said bid package, and one bidder submitted an imbalanced bid, in direct contravention of the Instructions to Bidders found at page IB-8, and the Proposal Form found at pages PF-1 and PF-10 of said bid package; and

 

WHEREAS, the Town of Southampton reserves the right to reject any and all bids; and

 

WHEREAS, as a result, the bid received by Roadwork Construction Corp. (“Roadwork”) for the total lump sum price of $382,980.00, was reviewed by the Superintendent of Highways and determined to be the lowest responsible bidder in accordance with General Municipal Law §103; and

 

WHEREAS, the Town seeks to utilize the catalog, or unit prices, provided by Roadwork for the listed products and services on an as-needed basis; and

 

WHEREAS, based upon the recommendation of the Superintendent of Highways, the contract for drainage in areas West of the Shinnecock Canal should be awarded to Roadwork; now therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to enter into a contract with Roadwork Construction Corp. to provide drainage in areas West of the Shinnecock Canal, in accordance with the unit pricing provided by Roadwork on an as-needed basis; and be it further

 

RESOLVED, that this contract shall 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; and be it further

 

RESOLVED, that the source of funding for this contract shall be Capital Project Townwide Drainage Improvements, G/L C6-99-C326-00-6246-0000, in various amounts based upon items and/or services procured and necessity, in an amount not to exceed budget.

13. RES-2012-448 : Authorize the Supervisor to Execute a Contract with Unitech Services Group, Inc. for the Demolition of the Bay Constable Maintenance and Storage Building

WHEREAS, on February 28, 2012, by Resolution No. 2012-267, the Town Board of the Town of Southampton authorized and directed the Town Clerk to advertise a public bid for the Demolition of the Bay Constable Maintenance and Storage Building; and

 

WHEREAS, ten (10) bids were received, opened and read aloud on March 21, 2012; and

 

WHEREAS, the bids were reviewed by the Department of Municipal Works, Division of Engineering and it was determined that Unitech Services Group, Inc. is the lowest responsible bidder in accordance with General Municipal Law Section 103; and

 

WHEREAS, based on the recommendation of the Engineering Division, the contract for the Demolition of the Bay Constable Maintenance and Storage Building should be awarded to Unitech Services Group, Inc. in an amount not to exceed $35,000; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute a contract with Unitech Services Group, Inc. for the Demolition of the Bay Constable Maintenance and Storage Building in an amount not to exceed $35,000, from the date of a fully executed contract to Ninety (90) consecutive calendar days thereafter; be it

 

FURTHER RESOLVED, that these contracts 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. The source of funding for this contract shall be Capital Project Public Safety Complex Phase II G/L #C1-99-C120-00-6220-0000 in an amount not to exceed $35,000.

14. RES-2012-449 : Authorize the Supervisor to Execute Contracts with Various Performers for the 2012 East Quogue Summer Concert Series at the Village Green
WHEREAS, the Town of Southampton, in partnership with the East Quogue Chamber of Commerce and the East Quogue Civic Association, has scheduled four (4) summer musical concerts at the East Quogue Village Green on the following dates: July 10th, July 17th, July 24th, July 31st; and

WHEREAS, the amount of these four (4) concerts is $7,800.00, with additional fees for advertising, mailings, and decorations totaling $450.00, bringing the total cost of these concerts to $8,250.00; and

WHEREAS, the two (2) community groups are each donating the sum of $2,750.00 and request that the Town pay the remaining $2,750.00; now therefore, be it

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the use of the East Quogue Village Green to hold said summer concerts and further authorizes the Supervisor to execute agreements with the performing artists, which fees shall be paid with funds provided by the two community groups and the Town's contribution from Human Services Admin - Celebrations G/L#01-99-6010-01-6420-0015 in the amount of $2,750.00; be it further

RESOLVED, that the Comptroller is hereby authorized to make all accounting entries necessary.
15. RES-2012-450 : Authorize the Supervisor to Execute the 2012 Hampton Visitors Council Grant Agreement to Promote Tourism

WHEREAS, the Hampton Visitors Council (HVC) is an alliance established in 1990 by the Chambers of Commerce in the Hamptons, whose purpose is to promote tourism to the Hamptons, especially in the spring and fall when tourism tends to slow down; and

 

WHEREAS, the HVC works with the local Chambers of Commerce and the Long Island Convention & Visitors Bureau to plan and execute advertising, promotions, and public relations efforts that will benefit the area; and

 

WHEREAS, the Town has supported the HVC's efforts in the past, and finds it to be in the public interest to continue providing financial support to HVC to promote shoulder season tourism, agritourism, cultural activities, and economic development; and

 

WHEREAS, the Town agrees to provide a grant of $20,000 to HVC to continue its efforts, contingent upon the execution of an agreement with HVC and the commitment of HVC to document to the Town's satisfaction the use of the Town's funding as a condition of that agreement; now therefore, be it

 

RESOLVED, that the Town Board of the Town of Southampton authorizes the Supervisor to execute an agreement with the HVC on behalf of the Town, subject to the approval as to the form of agreement by the Office of Contracts Administration; be it

 

FURTHER RESOLVED, the source of funding for this agreement shall be Human Services Admin - Other - Economic Development and Tourism G/L #01-99-6010-01-6420-0011 in an amount not to exceed $20,000.

16. RES-2012-451 : Recall and Amend Resolution No. 388 of 2012 as it Relates to the Intermunicipal Agreement with the Village of Westhampton Beach

 

 

WHEREAS, on March 27, 2012, by Resolution No. 388 of 2012, the Town Board of the Town of Southampton authorized the Supervisor to execute an Intermunicipal Agreement (“IMA”) with the Village of Westhampton Beach; and

 

WHEREAS, specifically, the IMA addresses the Village of Westhampton Beach providing certain police services to the Town, and the Town providing certain waste management services to the Village; and

 

WHEREAS, upon review, the third clause in Resolution No. 388 of 2012, was included in error, that is, the clause which reads, “the Village has agreed to compensate the Town for all such functions and services by agreeing to the Town’s retention of property taxes collected and to be collected from property owners within the Village”; and

 

WHEREAS, the Town seeks to delete this clause; and

 

WHEREAS, indeed, the consideration for the IMA is the exchange of in-kind services between the Village and the Town; now therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby recalls Resolution No. 388 of 2012 and amends it to delete the third “Whereas” clause in said resolution; and be it further

 

RESOLVED, that all other terms of the resolution shall remain unchanged.

 

 

 

17. RES-2012-452 : Resolution Selecting Proposal of Tetra Tech EM, Inc. and Authorizing Supervisor to Enter into Contract with Tetra Tech EM, Inc. to Provide Services for the Development, Implementation, and Evaluation of a Multi Jurisdictional, Multi-Hazard Mitigation Plan on Behalf of the Town of Southampton, the Incorporated Villages Situate in Whole or in Part Within the Town and the Shinnecock Tribal Nation

WHEREAS, on June 8, 2010, the Town Board approved Resolution No. 2010-591, authorizing the Supervisor to sign the application papers for grant funding from Homeland Security, via New York State's Office of Emergency Management (NYSOEM), for the creation of a hazard mitigation plan that includes seven villages and the Shinnecock Tribal Nation; and

 

WHEREAS, the Town has been awarded $100,000 to create a hazard mitigation plan, of which $75,000 will be reimbursed by the Federal government, and $25,000 match will be paid by the Town in in-kind services; and

 

WHEREAS, pursuant to resolution 2012-327 the Town of Southampton published a Request For Proposals (RFP) to contract, "To Provide Services for the Development, Implementation, and Evaluation of a Multi Jurisdictional, Multi-Hazard Mitigation Plan On Behalf of the Town of Southampton, The Incorporated Villages Situate in Whole or in Part Within the Town and the Shinnecock Tribal Nation"; and

 

WHEREAS, sealed proposals were received in the Office of the Town Clerk on or before March 29, 2012; and

 

WHEREAS, three parties provided responsive proposals to the RFP, to wit: Tectonic (Richmond, VA); Sidney Bowne & Sons (Mineola, NY); and Tetra Tech EM, Inc. (Morris Plains, NJ); and

 

WHEREAS, pursuant to the specifications set forth in the RFP, the proposal evaluation committee, consisting of the Supervisor, Town Attorney (non-voting), and the department/division head of the Office of General Services and Office of Emergency Management, or their respective designees, met on April 2, 2012 to review the submitted proposals; and

 

WHEREAS, the evaluation committee, utilizing the award criteria set forth in the specifications of the RFP found one proposal to be, in the totality of its presentation, in the best interests of completing the objectives of the Planning Grant in the most efficient and cost effective manner; and

 

WHEREAS, Tetra Tech EM, Inc. submitted the proposal that the evaluation committee most highly recommends; now therefore be it

 

RESOLVED, that the Supervisor is hereby authorized to enter into a contract with Tetra Tech EM, Inc. to provide services for the development, implementation, and evaluation of a multi jurisdictional, multi-hazard mitigation plan on behalf of the Town of Southampton, the Incorporated Villages situate in whole or in part within the Town and the Shinnecock Tribal Nation; and be it

 

FURTHER RESOLVED, that consistent with the proposal submitted, the cost of said contract shall not exceed $70,000 dollars; and be it

 

FURTHER RESOLVED, that the source of funding shall be the Town's contract with the New York State Department of Emergency Management for grant funding awarded specifically for this project which requires the Town to provide proportionate matching in-kind services; and be it

 

FURTHER RESOLVED, that pursuant to resolution 2012-91, Lt. Robert Iberger, through his assignment to the Town's Emergency Management Division will act as program manager for the project and coordinate with the contractor, all Town Departments and the Incorporated Villages and the Shinnecock Nation; and be it

 

FURTHER RESOLVED, that the contract 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 without a fully executed contract being in place, in addition, services shall not be rendered until after a purchase order is prepared; and be it further

 

RESOLVED, the source of funding until the Grant is received shall be a loan from the General Fund in the amount of $100,000 and shall be fully repaid upon receipt of the Grant. The source of funding for the Town's portion shall be in kind services by Town employees. The Town Comptroller is authorized to make all budgetary and accounting entries necessary to execute.

18. RES-2012-453 : Annual Recharge Basin Maintenance Town Wide - Notice to Bidders

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

 

NOTICE TO BIDDERS

 

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

 

ANNUAL RECHARGE BASIN MAINTENANCE TOWN WIDE

 

Specifications are available beginning on Thursday, April 19, 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# 2012002706 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 refundable bid deposit of $50.00, payable by check or money order only, will be required for each copy of the plans, specifications, and contract documents.

 

Each bidder must provide with its bid a certified check equal to Ten Thousand Dollars ($10,000.00) payable to the order of the Town of Southampton, or a bond with sufficient sureties, acceptable to the Town of Southampton. All checks or bonds shall be returned except to the successful bidder, whose security shall be held until contract security is provided, according to the requirements set forth in the bid package.

 

Each proposal must be submitted in a sealed envelope clearly marked “ANNUAL RECHARGE BASIN MAINTENANCE TOWN WIDE.”

 

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

                           

 

 

19. RES-2012-454 : Amend 2012 Adopted Budget for Comptroller's Office Part Time Salaries

WHEREAS, the Comptroller's Office is in need of a temporary Part Time employee to provide data entry support; and

 

WHEREAS, funding is available to transfer from vacant budgeted positions in the Comptroller's Office; now therefore be it

 

RESOLVED, the Town Board of the Town of Southampton hereby authorizes the transfer of $2,000 from Town Comptroller - Salaries G/L #01-99-1315-01-6100-0000 to Town Comptroller - Part Time Salaries G/L #01-99-1315-01-6105-0000 and the Town Comptroller is authorized to make all budgetary entries necessary to execute.

20. RES-2012-455 : Amend 2012 Adopted Budget for the Board of Trustees Part Time Salaries

WHEREAS, as the primary stewards of the Town’s natural resources, the Trustees of the Freeholders and Commonality of the Town of Southampton have agreed to fund the expenses related to the Piping Plover Stewards; and

 

WHEREAS, the Trustees, as a separate and distinct entity from the Town Board with their own sources of revenue and authority, have offered to fund the cost of up to five part time personnel related to the Piping Plover Steward Program; and now therefore be it

 

RESOLVED, that the Town Board accept a contribution from the Trustees of the Freeholders and Commonality of the Town of Southampton in an amount up to $64,000 for the purpose of funding the costs of 2012 Part Time Salaries for up to five part time employees related to the Piping Plover Stewards, which were not budgeted in 2012, and the 2012 Adopted Budget is amended accordingly; and be it further

 

RESOLVED, that the Comptroller is directed to increase Board of Trustees Intergovernmental Revenue Account, G/L #01-99-8700-01-2210-0000 in an amount up $64,000, increase Board of Trustees Part Time Salaries Account G/L #01-99-3121-01-6105-0000 in an amount up to $56,890.00, and increase related benefit lines, all G/L's to be determined by Town Comptroller, in an amount up to $7,110.00 and the Town Comptroller is authorized to make all accounting and budgetary entries necessary to execute.

21. RES-2012-456 : Amend 2012 Adopted Budget for the Community Services Administration Division

WHEREAS, the Town of Southampton annually holds an East End Mental Health Awareness Day; and

 

WHEREAS, the East End Mental Health Awareness Day, an important event that residents look to for information and support, is expected to continue at least into 2013 for its 10th anniversary; and

 

WHEREAS, the Community Services Administration Division organizes the event and processes any associated expenses; and

 

WHEREAS, funding for the 2012 Mental Health Awareness Day held on March 31, 2012 is available from the Human Services Restricted Fund Cost Center R067; and

 

WHEREAS, it is recommended that $4,500.00 be transferred from the Human Services Restricted Fund Cost Center R067 to Community Service Administration Cost Center 6010 to cover expenses related to the 2012 East End Mental Health Awareness Day; now therefore be it

 

RESOLVED, the Town Board of the Town of Southampton hereby authorizes the transfer of $4,500.00 from the Human Services Restricted Fund Cost Center R067 to Community Service Administration Cost Center 6010 to cover expenses related to the 2012 East End Mental Health Awareness Day and the Town Comptroller is authorized to make all budgetary and accounting entries necessary to execute.

22. RES-2012-457 : Amend 2012 Adopted Budget for the Tax Receiver's Office

WHEREAS, the Tax Receiver's Office is in need of a copy machine; and

 

WHEREAS, funding is available in the Tax Receiver Part Time Salaries; and

 

WHEREAS, it is the recommendation of the Tax Receiver to transfer $1,100.00 from the Part Time Salaries G/L #01-99-1330-01-6105-0000 to the Copier Expense G/L #01-99-1330-01-6477-0000; now therefore be it

 

RESOLVED, the Town Board of the Town of Southampton hereby amends the 2012 Adopted Budget and transfers $1,100.00 from Tax Receiver Part Time Salaries to Tax Receiver Copier Expense and the Town Comptroller is authorized to make all budgetary and accounting entries necessary to execute.

23. RES-2012-458 : Authorize Funds for the Evelyn Alexander Wildlife Rescue Center, Inc.

WHEREAS, the Evelyn Alexander Wildlife Rescue Center, Inc., located at 228 Montauk Highway in Hampton Bays, rescues and rehabilitates injured and orphaned wild animals; and

 

WHEREAS, the Wildlife Rescue Center fields thousands of calls per year from residents, the Southampton Police Department and Southampton Animal Control, and provides rescue/transport, first aid, and rehabilitation to wild animals who have come into harm’s way, relying solely on donations and fundraising efforts to support its budget; and

 

WHEREAS, the Town received a letter dated March 27, 2012 requesting funding for the Wildlife Center’s after-hours emergency wildlife response service; and now, therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby approves funding in the amount of $3,000.00 from the Environmental Saving Fund G/L #R1-99-R014-70-6420-8502 for the Evelyn Alexander Wildlife Rescue Center for the year 2012.

24. RES-2012-459 : Flanders-Northampton Volunteer Ambulance Co. Service Award Program

WHEREAS, Article 11-AAA of the General Municipal Law authorizes the establishment of a defined benefit service award program to provide municipally funded, pension-like benefits

for volunteer ambulance workers; and

 

WHEREAS, the Town Board, on behalf of the ambulance districts, contracts with separate volunteer ambulance companies to provide for emergency medical services to their respective districts, making the Town Board the appropriate legal sponsor for the service award program; and

 

WHEREAS, according to section 219-m(9) of the General Municipal Law, each ambulance company shall furnish to the Town Board a list of all volunteer members, certified under oath, which shall identify those volunteer members who have qualified for credit under the award program for the previous year. Such list shall be accompanied by membership records or records of point accumulations; and

 

WHEREAS, the Flanders-Northampton Volunteer Ambulance Co., has provided the required list, along with the records of point accumulations, and the Town Board has reviewed the list

and found it to be in order pursuant to section 219-m(10) of the General Municipal Law; now, therefore, be it


RESOLVED, the Town Board officially approves the certified list provided by the Flanders-Northampton Volunteer Ambulance Co., and requests that the approved list be returned to the Flanders-Northampton Volunteer Ambulance Co., for posting.

 

25. RES-2012-460 : Hampton Bays Volunteer Ambulance Corp. Service Award Program

WHEREAS, Article 11-AAA of the General Municipal Law authorizes the establishment of a defined benefit service award program to provide municipally funded, pension-like benefits

for volunteer ambulance workers; and

 

WHEREAS, the Town Board, on behalf of the ambulance districts, contracts with separate volunteer ambulance companies to provide for emergency medical services to their respective districts, making the Town Board the appropriate legal sponsor for the service award program; and

 

WHEREAS, according to General Municipal Law §219-m(9), each ambulance company shall furnish to the Town Board a list of all volunteer members, certified under oath, which shall identify those volunteer members who have qualified for credit under the award program for the previous year.  Such list shall be accompanied by membership records or records of point accumulations; and

 

WHEREAS, the Hampton Bays Volunteer Ambulance Corp., has provided the required list, along with the records of point accumulations, and the Town Board has reviewed the list and found it to be in order pursuant to General Municipal Law §219-m(10); now, therefore, be it

 

RESOLVED, the Town Board officially approves the certified list provided by the Hampton Bays Volunteer Ambulance Corp. and requests that the approved list be returned to the Hampton Bays Volunteer Ambulance Corp. for posting.

26. RES-2012-461 : Southampton Volunteer Ambulance Corp. Service Award Program

WHEREAS, Article 11-AAA of the General Municipal Law authorizes the establishment of a defined benefit service award program to provide municipally funded, pension-like benefits for volunteer ambulance workers; and

 

WHEREAS, the Town Board, on behalf of the ambulance districts, contracts with separate volunteer ambulance companies to provide for emergency medical services to their respective districts, making the Town Board the appropriate legal sponsor for the service award program; and

 

WHEREAS, according to General Municipal Law §219-m(9), each ambulance company shall furnish to the Town Board a list of all volunteer members, certified under oath, which shall identify those volunteer members who have qualified for credit under the award program for the previous year.  Such list shall be accompanied by membership records or records of point accumulations; and

 

WHEREAS, the Southampton Volunteer Ambulance Corp., has provided the required list, along with the records of point accumulations, and the Town Board has reviewed the list and found it to be in order pursuant to General Municipal Law §219-m(10); now, therefore, be it

 

RESOLVED, the Town Board officially approves the certified list provided by the Southampton Volunteer Ambulance Corp. and requests that the approved list be returned to the Southampton Volunteer Ambulance Corp. for posting.

27. RES-2012-462 : Westhampton War Memorial Ambulance Association Inc. Service Award Program

WHEREAS, Article 11-AAA of the General Municipal Law authorizes the establishment of a defined benefit service award program to provide municipally funded, pension-like benefits for volunteer ambulance workers; and

 

WHEREAS, the Town Board, on behalf of the ambulance districts, contracts with separate volunteer ambulance companies to provide for emergency medical services to their respective districts, making the Town Board the appropriate legal sponsor for the service award program; and

 

WHEREAS, according to General Municipal Law §219-m(9), each ambulance company shall furnish to the Town Board a list of all volunteer members, certified under oath, which shall identify those volunteer members who have qualified for credit under the award program for the previous year.  Such list shall be accompanied by membership records or records of point accumulations; and

 

WHEREAS, the Westhampton War Memorial Ambulance Association, Inc., has provided the required list, along with the records of point accumulations, and the Town Board has reviewed the list and found it to be in order pursuant to General Municipal Law §219-m(10); now, therefore, be it

 

RESOLVED, the Town Board officially approves the certified list provided by the Westhampton War Memorial Ambulance Association, Inc., and requests that the approved list be returned to the Westhampton War Memorial Ambulance Association, Inc., for posting.

28. RES-2012-463 : Amend Resolution 2012-154 Authorizing Additional Funds for Jaspan Schlesinger, LLP

WHEREAS, Resolution 2012-154, adopted on January 24, 2012, authorized additional funds for the Town’s special counsel, Jaspan Schlesinger LLP, to cover legal fees in the matter of East End Eruv Association, Inc. v. Village of Westhampton Beach, et al. and Verizon New York, Inc. and Long Island Lighting Company d/b/a LIPA v. Village of Westhampton Beach, et al.; and

 

WHEREAS, the source of funding was listed as Town Attorney Legal Fees G/L # 01-99-1420-01-6430-0000 in an amount not to exceed $10,000.00; and

 

WHEREAS, the source of funding needs to be amended to General Fund Unallocated Legal Fees G/L #01-99-9900-01-6430-0000; now therefore be it

 

RESOLVED, that the Town Board of the Town of Southampton hereby amends Resolution 2012-154 and corrects the source of funding from Town Attorney Legal Fees G/L #01-99-1420-01-6430-0000 to Unallocated Legal Fees G/L #01-99-9900-01-6430-0000 in an amount not to exceed $10,000.00.

29. RES-2012-464 : Authorization Cost Reimbursement Waiver for Hampton Bays Fire Department “Carnival” from July 31 through August 5, 2012 from 7:00 P.M. to 12 Midnight

WHEREAS, the Hampton Bays Fire Department “Carnival” has been approved by the Southampton Town Fire Marshal for a Special Event Permit to be held on July 31 through August 5, 2012 from 7:00 p.m. to 11:30 p.m. at the Hampton Bays Fire Department, 69 W. Montauk Highway; and

 

WHEREAS, the Southampton Town Police Department has issued a report dated March 26, 2012 with regards to this event and also has issued a Financial Impact Statement for police services of two to four Police/Traffic Control/Full Time Officers will be assigned each night of the event, impacting Town Police - Part Time - Salaries G/L #02-99-3120-02-6105-0000, Town Police - Overtime G/L #02-99-3120-02-6101-0000 and Town Police - Salaries GL#02-99-3120-02-6100-0000; and

 

WHEREAS, the Southampton Town Fire Marshal has issued a report dated March 28, 2012 with regards to this event and has issued a Financial Impact Statement for public safety services, impacting Fire Prevention - Salaries G/L #01-99-3410-01-6100-0000; and

 

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

 

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

 

RESOLVED, that the Town Board hereby approves the waiver of the estimated police and public safety costs as requested by the Hampton Bays Fire Department.

 

30. RES-2012-465 : Authorization of Cost Reimbursement Waiver for the Southampton Elks “Elks Carnival” from May 11-13, 2012 and May 17-19, 2012

WHEREAS, the Southampton Elks “Elks Carnival” has been approved by the Southampton Town Chief Fire Marshal for a Special Event Permit to be held from May 11-13, 2012 and May 17-19, 2012 at the Southampton Elks Lodge, 605 CR 39, Southampton; and

 

WHEREAS, the Southampton Town Police Department has issued a report dated February 21, 2012 and has issued a Financial Impact Statement for one Part Time Police Officer to assist vehicular and pedestrian traffic during the event, impacting Town Police - Part Time Salaries G/L #02-99-3120-02-6105-0000; and

 

WHEREAS, the Southampton Town Chief Fire Marshal has issued a report dated February 23, 2012 and has issued a Financial Impact Statement impacting Fire Prevention - Salaries G/L #01-99-3410-01-6100-0000; and

 

WHEREAS, the Southampton Elks have submitted a request for a waiver of the Police Department and Public Safety cost reimbursements to the Southampton Town Board, pursuant to §283-3B of the Town Code; and

 

WHEREAS, the Southampton Elks are a local non-profit organization committed to serving the causes of American Patriotism, Armed Services Veterans and community welfare and the event is open to the public for their enjoyment, with no admission charge; now therefore be it

 

RESOLVED, that the Town Board hereby approves the waiver of the estimated police and public safety costs as requested by the Southampton Elks.

 

31. RES-2012-466 : Authorization of Road Closures and Cost Reimbursement Waiver for the “4th Annual East Quogue Wildcat 5K Fun Run/Walk” on May 5, 2012 from 9:00 A.M. to 11:00 A.M.

WHEREAS, the “4th Annual East Quogue Wildcat 5k Fun Run/Walk” has been approved by the Southampton Town Police Department for a Parade Permit to be held on May 5, 2012 from 9:00 a.m. to 11:00 a.m. beginning and ending at the East Quogue Elementary School; and

 

WHEREAS, the Southampton Town Police Department has issued a report dated February 9, 2012 with regards to the requested road closures for this event, and also has issued a Financial Impact Statement for police services of one Sergeant to supervise the event and seven Police Officers and/or Traffic Control Officers to assist vehicular and pedestrian traffic during the event, impacting Town Police - Part Time Salaries G/L #02-99-3120-02-6105-0000 and Town Police - Overtime G/L #02-99-3120-02-6101-0000; and

 

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

 

WHEREAS, the event is open to the public for their enjoyment, held on public property with an entry “fee” of $20.00 payable to the East Quogue Union Free School District, a not-for-profit organization; now therefore be it hereby

 

RESOLVED, that the Town Board hereby approves the waiver of the estimated costs as requested by the East Quogue Elementary School; and be it further

 

RESOLVED, that the Southampton Town Board hereby approves the road closures submitted by the Southampton Town Police Department for the “4th Annual East Quogue Wildcat 5k Fun Run/Walk” to be held on May 5, 2012 from 9:00 a.m. to 11:00 a.m. beginning and ending at the East Quogue Elementary School as listed below, pursuant to §283-4A:

 

1.              Central Avenue, Montauk Highway, Lewis Road, Old Country Road and Vail Avenue in East Quogue will be closed/restricted to vehicular traffic for short periods of time as needed during the event on May 5, 2012 from 9:00 a.m. until approximately 11:00 a.m.

 

32. RES-2012-467 : Authorization of Road Closures and Cost Reimbursement Waiver for the Hampton Bays Fire Department “Parade” on August 1, 2012 from 6:00 P.M. to 9:00 P.M.

WHEREAS, the Hampton Bays Fire Department has been approved by the Southampton Town Police Department for a Parade Permit for a “Parade” to be held on August 1, 2012, from 6:00 p.m. to 9:00 p.m. beginning at the Hampton Bays Middle School and ending at the Hampton Bays Fire Department; and

 

WHEREAS, the Southampton Town Police Department has issued a report dated March 26, 2012 with regards to the requested road closures for this event, and also has issued a Financial Impact Statement for police services of sixteen to twenty Police and Traffic Control Officers during the event, impacting Town Police - Part Time Salaries G/L #02-99-3120-02-6105-0000, Town Police - Salaries G/L #02-99-3120-02-6100-0000 and Town Police - Overtime G/L #02-99-3120-02-6101-0000; and

 

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

 

WHEREAS, 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 police costs as requested by the Hampton Bays Fire Department; and

 

BE IT FURTHER RESOLVED, that the Town Board hereby approves the road closures submitted by the Southampton Town Police Department for the Hampton Bays Fire Department “Parade” to be held on August 1, 2012 from 6:00 p.m. to 9:00 p.m. beginning at the Hampton Bays Middle School and ending at the Hampton Bays Fire Department as listed below, pursuant to §283-4A:

 

1.               Ponquogue Avenue will be closed to vehicular traffic from Lynncliff Avenue to Montauk Highway from 6:30 p.m. to 9:00 p.m. on August 1, 2012;

 

2.               Montauk Highway will be closed to vehicular traffic from Bittersweet South Ext. to Flanders Road from 6:30 p.m. to 9:00 p.m. on August 1, 2012;

 

3.               Springville Road will be closed to vehicular traffic from Shore Road to Montauk Highway from 6:30 p.m. to 9:00 p.m. on August 1, 2012;

 

4.               Squiretown Road will be closed to vehicular traffic from Old Riverhead Road to Montauk Highway from 6:30 p.m. to 9:00 p.m. on August 1, 2012.

 

33. RES-2012-468 : Authorize International Dark Sky Week from April 14-April 20, 2012

WHEREAS, our starry night sky is a valuable resource, a part of our cultural and natural heritage similar to our scenic vistas, open space, woodland, farmland, beaches and waterways; and

 

WHEREAS, Southampton Town residents value our rural character, a hallmark of which is clear night skies and scenic vistas undiminished by artificial lighting; and

 

WHEREAS, the Town has shown a strong dedication to preserving the natural rural characteristics of the community with the goal to protect our migratory birds, native wildlife, and the health, safety and welfare of our residents and visitors; and

 

WHEREAS, excessive and misdirected outdoor lighting befouls the nocturnal landscape, degrades the surroundings, and adversely affects many other aspects of the night, while indirect lighting created by shielded fixtures greatly enhances the character of nighttime landscapes by removing the bright harshness of exterior light fixtures; and

 

WHEREAS, in December 2009, the Town of Southampton enacted a local law to protect the night sky that establishes standards for outdoor lighting; and

 

WHEREAS, reducing the amount of light pollution is possible without compromising safety or functionality, frequently leading to less energy consumption; and

 

WHEREAS, light pollution is a widely recognized environmental concern which negatively affects our quality of life and quiet enjoyment of our property; and

 

WHEREAS, the East End is one of the few places on Long Island with a clearly visible Milky Way swathed across the night sky, serving as a source of wonder and a stimulus to scientific inquiry; now, therefore, be it

 

RESOLVED, that the Town of Southampton recognizes the importance of the dark night sky as a natural resource to be protected and restored where possible; and, be it further

 

RESOLVED, that the Town of Southampton joins with our partners all around the world to designate April 14 through April 20, 2012 as “International Dark Sky Week” in which citizens and visitors will be encouraged to celebrate by going outside on clear nights with their families and friends to appreciate our beautiful star-filled sky. Since stray light will obscure the stars, it is suggested that non-essential outdoor lights be turned off, that essential lights which are “off-target” be re-aimed, and that the amount of light necessary for the intended purpose be evaluated and wattage perhaps reduced.

 

 

34. RES-2012-469 : Cost Reimbursement Waiver for “Flying Point 8K Run for Autism Awareness” on September 23, 2012 from 7:00 A.M. to 11:00 A.M.

WHEREAS, the “Flying Point 8k for Autism Awareness” has been approved by the Southampton Town Police Department for a Parade Permit to be held on September 23, 2012 from 7:00 a.m. to 11:00 a.m. beginning and ending at Flying Point Beach, Water Mill; and

 

WHEREAS, the Southampton Town Police Department has issued a report dated March 12, 2012 with regards to this event, and also has issued a Financial Impact Statement for police services of one Supervisor and seven Police Officers and/or Traffic Control Officers for the duration of the event, impacting Town Police - Part Time Salaries G/L #02-99-3120-02-6105-0000 and Town Police - Overtime G/L #02-99-3120-02-6101-0000; and

 

WHEREAS, the Flying Point Foundation for Autism have submitted a request for a waiver of the Police Department cost reimbursement to the Southampton Town Board, pursuant to §283-3B of the Town Code; and

 

WHEREAS, the event is open to the public for their enjoyment, held on public property with an entry “fee” of $25.00 with all funds to go to the Flying Point Foundation for Autism, a not-for-profit organization, raising funds to support a summer day camp for individuals with autism on the East End; now therefore be it hereby

 

RESOLVED, that the Town Board hereby approves the waiver of the estimated police costs as requested by the Flying Point Foundation for Autism.

 

35. Adopt Resolution No. 2012-470
36. Recall Resolution No. 2012-470
37. Amend Resolution No. 2012-470
38. RES-2012-470 : 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 of East Hampton’s adopted 2012 budget includes an initiative for the sale of East Hampton’s 50% share of the Poxabogue Golf Center to the Town of Southampton; and

 

WHEREAS, the Town Board of the Town of Southampton is supportive of such a measure; 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 Town Clerk shall forward of a copy of this resolution to Assemblyman Fred Thiele and Senator Kenneth P. LaValle.

 

 

39. 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.

 

40. RES-2012-472 : Resolution Authorizing the Supervisor to Execute Documents Necessary to Request a Pre-Existing Certificate of Occupancy and Secure a Building Permit for Proposed Improvements at Mecox Bay Park

WHEREAS, the Town Board of the Town of Southampton is considering improvements at the Mecox Bay Park in order to provide recreational sailing opportunities; and

 

WHEREAS, in addition to permits obtained from the New York State Department of Environmental Conservation and the Town of Southampton's Conservation Board, a pre-existing certificate of occupancy and building permit must also be secured; and

 

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

 

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the Supervisor to execute any and all documents necessary for the Town of Southampton to request a pre-existing certificate of occupancy and secure a Town of Southampton Building Permit for proposed improvements at the Mecox Bay Park; and be it further

 

RESOLVED, that the Town Board authorizes the Department of Land Management to waive all fees associated with such requests/applications required in connection with proposed improvements at the Mecox Bay Park.

 

41. RES-2012-473 : Release Maintenance Bond in Connection with the Site Plan of Center of the Hamptons, LLC

RESOLVED, that the Maintenance Bond Agreement with Center of the Hamptons, LLC, as "Principal" and Official Bank Check from Bank of America, in the name of the Town of Southampton, in the amount of $12,050.00 submitted to guarantee the upkeep, workmanship, materials, and the survival of landscape planting as specified by the Planning Board of the Town of Southampton in connection with the site plan of Center of the Hamptons, LLC situate at Water Mill, be and hereby is RELEASED.

 

42. RES-2012-474 : Accept Retirement of Janice Brausch, Account Clerk Typist in Highway
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, Janice Brausch, Account Clerk Typist in the Highway 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 Janice Brausch, Account Clerk Typist in the Highway Department, effective April 30, 2012; and be it further

RESOLVED, that Ms. Brausch has 12 years of full-time service with the New York State Retirement Systems and will be entitled to a lump sum payment of $12,000, 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 $12,000 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.
43. RES-2012-475 : Accept Retirement of Judith Coronesi, Senior Assessment Clerk in the Assessors Office
WHEREAS, the Town Board adopted a Local Retirement Incentive Program on September 27, 2011; and

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

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

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

WHEREAS, Judith Coronesi, Senior Assessment Clerk in the Assessors Office, meets the eligibility requirements for the Retirement Incentive; has opted to participate in the Town of Southampton's Retirement Incentive Program; and has applied for retirement effective April 30, 2012; therefore be it

RESOLVED, the Town Board hereby accepts the retirement of Judith Coronesi, Senior Assessment Clerk in the Assessors Office, effective April 30, 2012; and be it further

RESOLVED, that Ms. Coronesi 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.
44. RES-2012-476 : Accept Retirement of Robert Iberger, Southampton Town Police Lieutenant
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, Robert Iberger Police Lieutenant in the Southampton Town Police Department, meets the eligibility requirements for the Retirement Incentive; has opted to participate in the Town of Southampton's Retirement Incentive Program; and has applied for retirement effective April 30, 2012; therefore be it

RESOLVED, the Town Board hereby accepts the retirement of Robert Iberger Police Lieutenant in the Southampton Town Police Department, effective April 30, 2012; and be it further

RESOLVED, that Mr. Iberger has 32 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 $32,000, 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 $32,000 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.
45. RES-2012-477 : Amend Resolution 2012-365
WHEREAS, the Town Board adopted Resolution #2012-365 accepting the retirement of Edmund Aube, Assistant Labor Crewleader in Highway, effective April 28, 2012; and

WHEREAS, resolution #2012-365 stated that Mr. Aube has 27 years of full-time service with the New York State Retirement Systems and will be entitled to a lump sum payment of $27,000; and

WHEREAS, New York State Retirement Systems has confirmed that Mr. Aube has 28 years of full-time service which qualifies his lump sum payment to be increased by $1,000; therefore be it

RESOLVED, Mr. Aube's lump sum payment be and hereby is corrected to $28,000; and be it further

RESOLVED, additional funding of $1,000 will be funded from 2012 bond proceeds expected to be approved by New York State legislation and the Town Comptroller is authorized to make all budgetary and accounting entries necessary to execute.
46. RES-2012-478 : Notice of Public Hearing to Consider 1 Yr Agricultural Use Agreement for 2012/2013

RESOLVED, that the Town Board hereby directs that a public hearing shall be held on April 24, 2012 at 6:00 p.m., at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against Agricultural Use Agreements offered to the Town of Southampton pursuant to Chapter 247 of the Code of the Town of Southampton and Section 247 of the NYS General Municipal Law:

 

APPLICANTS FOR THE 2012/2013 ONE YEAR AGRICULTURE USE AGREEMENT

             

              TAX MAP NUMBER                              PROPERTY OWNERS                           

 

              473605-1-3-85.1                            Edward & Helen Corrigan

             

              473605-12-2-21                            Damon Mezzacappa                           

              473605-12-2-42

                                         

              473605-12-2-43.1                   Melinda Hackett                           

              473605-12-2-43.2                                                  

                                         

              473615-1-1-17                            Dogwood Associates                           

 

              473615-1-1-18                            Linda Held                           

              473689-49-1-5.4                                         

              473689-49-1-5.3                                         

                                         

              473615-2-1-2                                                   40 Narrow Lane LP                           

                                         

              473615-6-3-1                              ABL LP                           

              473615-6-3-3                                         

                                         

              473615-6-3-2                                                   Anne Mary Destefanis                           

              473615-6-3-4                                                   Bethmarie Kamper                                         

 

              473615-6-3-32                            BSS Real Estate LP                                                                     

              473615-6-3-34

              473615-6-3-39

 

              473615-8-1-32                            Robert Hurst                           

                                                                     

              473689-56-1-15                            Koiminski Family Reality LLC                           

                                         

              473689-65-2-9.5                            Silver Spring Hill Inc.                           

                                         

              473689-80-1-9                            Loretta Gaston, Diana Pillsworth, Irene Sikorski                                                       

              473689-80-2-1.4                            Loretta Gaston, Diana Pillsworth, Irene Sikorski                           

                                         

              473689-81-2-25.7                            Marcel Damiecki & Betsy Conrad                           

                                         

              473689-83-1-9.6                            Darrah Yates & Rhonda Hessner             

                                         

              473689-84-1-40                            Hayground Market L R Smith Pres.                           

                                         

              473689-87-2-40.2                            Albin & Carol Musnicki                           

              473689-87-2-40.3                                         

                                         

              473689-89-1-16                            A & M Mc Coy                           

                                         

              473689-101-1-12.9                            Doris  Foster                           

                                         

              473689-101-3-3.2                            Harold Einsmann                           

              473689-101-3-3.3                                         

              473689-101-3-3.4                                         

                                                                     

              473689-101-3-14.2                            James & Kathleen McLauchlen III                           

              473689-101-3-14.3                            Kathleen McLauchlen                           

              473689-101-3-14.4                            James & Kathleen McLauchlen III                            

              473689-101-3-14.5                            Kathleen McLauchlen                           

                                         

              473689-104-1-23.2                            A & C Musnicki                           

              473689-104-1-23.3                                                       

                                         

              473689-132-1-25.18                            Susan Burke                           

                                         

              473689-132-2-11.6                            C & R Hansen                           

                                         

              473689-132-2-11.7                            Elbert Robinson                           

              473689-132-2-11.8                            Elbert Robinson Jr.                           

                                         

              473689-134-1-53                            Richard Brennan/Patricia/Edward                           

                                         

              473689-158-2-15.1                            Constantine Rosko                           

              473689-158-2-28.1                                                                     

                                         

              473689-160-1-17.3                            Charlton Halsey                           

              473689-160-1-36.20                                                       

              473689-160-1-36.21                                                       

              473689-160-1-36.28                                                       

              473689-160-1-36.30                                                       

              473689-160-1-36.35                                                       

                                         

              473689-160-1-36.24                            Lee Halsey                            

                                         

              473689-249-1-10.1                            Edmund Densieski                           

              473689-288-1-1                                                        

              473689-288-1-148.3                                         

                                         

              473689-250-2-1                            Frances Sagendorf, et al

 

              473689-288-1-58.4                            Kijowski Family Limited Partnership

              473689-288-1-58.6                           

                                                                     

              473689-349-2-21                            Franklin Raynor

                           

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

 

NOTICE OF PUBLIC HEARING

                                                                                                                            

PLEASE TAKE NOTICE that a public hearing shall be held by the Town Board of the Town of Southampton on April 24, 2012 at 6:00 p.m. at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against Agricultural Use Agreements offered to the Town of Southampton pursuant to Chapter 247 of the Code of the Town of Southampton and Section 247 of the NYS General Municipal Law.

 

                                                                                                  BY ORDER OF THE TOWN BOARD                           

                                                                                                  TOWN OF SOUTHAMPTON, NEW YORK                                                                                                                SUNDY A. SCHERMEYER, TOWN CLERK             

             

 

 

 

 

47. RES-2012-479 : Notice of Public Hearing to Consider Amending Southampton Town Code §312-73 to Exclude Trucks Over Ten Thousand Pounds from Noyac Road

RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on April 24, 2012, at 6:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW amending Southampton Town Code §312-73 to exclude trucks over ten thousand pounds from Noyac Road,” which provides as follows: 

 

LOCAL LAW NO.    OF 2012

 

A LOCAL LAW amending Southampton Town Code §312-73 to exclude trucks over ten thousand pounds from Noyac Road.

 

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

 

SECTION 1.  Legislative Intent.

             

The purpose of this law, in order to enhance traffic-calming measures, is to exclude trucks over 10,000 pounds from using Noyac Road and connecting arteries, pursuant to Vehicle and Traffic Law §1660.  This prohibition shall not however, be construed to apply to the following:  the transportation of school children to and from their homes; the delivery or pickup of merchandise or other property along the highways from which such trucks or buses are excluded; the use of roads by motor coaches engaged in local touring or by charter buses or by buses transporting passengers from or between railroad stations pursuant to a contract with the Metropolitan Transit Authority; municipally owned vehicles; vehicles engaged in the business of agricultural production; or to prevent owners of such vehicles from reaching their residence or place of business.

 

SECTION 2.  Amendment.

 

Section 312-73 of Article XVI (Bus and Truck Exclusions) is hereby amended by adding a new subsection (F), underlined as follows:  

 

§ 312-73.  Buses and trucks over ten thousand pounds excluded.

 

F.              Noyac.

 

(1)              The following roadway shall be a truck exclusion route:  Noyac Road between its intersection with North Sea Road (CR 38) and its intersection with the Sag Harbor Village line.

 

SECTION 3.  Authority.

 

The Town Board is authorized to establish and promulgate rules and regulations regarding traffic control pursuant to New York State Town Law §130, New York State Vehicle and Traffic Law §§1660(10) and (17), and Municipal Home Rule Law §10(1)(ii)(a)(6) and §10(1)(ii)(d)(3).

 

SECTION 4.  Severability.

 

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

 

SECTION 5.  Effective Date.

 

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

 

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

 

NOTICE OF PUBLIC HEARING

 

TAKE NOTICE, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on April 24, 2012, at 6:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled:  “A LOCAL LAW amending Southampton Town Code §312-73 to exclude trucks over ten thousand pounds from Noyac Road.”

 

Summary of Proposed Law

 

The purpose of this law, in order to enhance traffic-calming measures, is to exclude trucks over 10,000 pounds from using Noyac Road and connecting arteries, pursuant to Vehicle and Traffic Law §1660.  This prohibition shall not however, be construed to apply to the following:  the transportation of school children to and from their homes; the delivery or pickup of merchandise or other property along the highways from which such trucks or buses are excluded; the use of roads by motor coaches engaged in local touring or by charter buses or by buses transporting passengers from or between railroad stations pursuant to a contract with the Metropolitan Transit Authority; municipally owned vehicles; vehicles engaged in the business of agricultural production; or to prevent owners of such vehicles from reaching their residence or place of business.

 

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

 

 

 

 

 

48. RES-2012-480 : Notice of Public Hearing to Consider Amending Town Code Chapter 150 in Order to Define the Prohibition of the Display of Wild or Exotic Animals

BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on April 24, 2012 at 6:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW amending Sections 150-4 and 150-8 of Town Code Chapter 150 to define the prohibition of the display of wild or exotic animals,” which provides as follows:

 

LOCAL LAW NO.     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 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 situations where the entire event of which the wild or exotic animal is part is an Educational Exhibition 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 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 April 24, 2012 at 6:00p.m. at the Southampton Town Hall, 116 Hampton Road, Southampton, New York to hear any and all persons either for or against “A LOCAL LAW amending Sections 150-4 and 150-8 of Chapter 150 to define the prohibition of the display of wild or exotic animals."

 

Summary of Proposed Law

 

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.

 

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

 

49. RES-2012-481 : Notice of Public Hearing to Consider Grant of Trail and Conservation Easements in Connection with the Lot Line Modification and Subdivision Map of Bridgehampton Corral, LLC

BE IT RESOLVED that the Town Board hereby directs that a public hearing shall be held 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 the acceptance of trail and conservation easements in connection with the subdivision map of Bridgehampton Corral, LLC, approved by the Town of Southampton Planning Board by resolution adopted April 21, 2011, amended July 7, 2011; and be it further

 

RESOLVED, that the Town Clerk is hereby authorized to publish the following NOTICE OF PUBLIC HEARING:

 

NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that a public hearing shall be held by the Town Board of the Town of Southampton 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 the acceptance of a 20 foot wide trail easement, a conservation easement of approximately 43,468 square feet, and conservation easement of approximately 23,788 square feet in connection with the lot line modification and subdivision map of Bridgehampton Corral, approved by the Town of Southampton Planning Board by resolution adopted April 21, 2011, amended July 7, 2011, in the hamlet of Bridgehampton, further identified on the Suffolk County Tax Map as part of parcels 900-72-1-1.4, pursuant to §247 of the General Municipal Law of the State of New York.

 

 

                                                                                    BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF SOUTHAMPTON, NEW YORK

                                                                                    SUNDY A. SCHERMEYER, TOWN CLERK

 

 

 

 

 

 

 

 

 

50. RES-2012-482 : Notice of Public Hearing to Consider the Acquisition of Lands of 6 Pierrepont LLC (Former Bailey's Motel) Westhampton, and Recommend Participation in the Suffolk County Pay as You Go Drinking Water Protection Program

WHEREAS, the Town Board of the Town of Southampton has adopted the "Town of Southampton Community Preservation Project Plan" which identifies target areas and properties for acquisition for park, recreation, open space and conservation purposes; and

 

WHEREAS, 6 Pierrepont LLC is the purported owner of approximately 32 acres of land, located on Montauk Highway in Westhampton, shown as SCTM No. 900-356-2-p/o 1.6 and 2; and

 

WHEREAS, said property (Lot 1.3) is designated in the Village and Hamlet Greens, Parks, Recreation and Open Space Target Preservation Area of the Community Preservation Project Plan as an appropriate site for park and recreation purposes; and

 

WHEREAS, said property (Lot 2) is designated in the Wetland Preservation Target Area, which is an indispensable and fragile natural resource that is immensely important to both the environmental and economic health of the Town. The rich assemblage and complex variety of wetlands, ranging from small wet depressions, interdunal swales and vernal ponds, to expansive marshes, swamps, bays, creeks and ponds, sustain a multitude of natural functions and values, making them essential to maintaining the ecology and biodiversity of the Town. They also perform important flood protection and pollution control functions, as well as provide a great expanse of scenic natural open space; and

 

WHEREAS, 6 Pierrepont LLC has expressed a willingness to sell approximately 29 acres of the total 32 acreage of said property to the Town of Southampton and the County of Suffolk; and

 

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

 

WHEREAS, Suffolk County Resolution No. 665-2010 authorized the Suffolk County Pay As You Go Drinking Water Protection Program which enables the Towns in Suffolk County to expedite the land preservation by sharing in the financial burden of County land acquisitions; and

 

NOW, THEREFORE, BE IT FURTHER RESOLVED, that in the event the Town of Southampton and the County of Suffolk authorizes the within acquisition and participation in the Suffolk County Pay As You Go Drinking Water Protection Program, the Town of Southampton will provide fifty percent (50%) of the funding for the acquisition costs of the subject parcel at closing as may be required by the County Charter; and

 

BE IT FURTHER RESOLVED, that acquisition costs shall include, but not be limited to, the costs of survey, appraisal, environmental audit, title report and insurance, tax adjustment, taxes prior to exemption and any fees levied by environmental organizations heretofore or hereinafter authorized by the Suffolk County Legislature to help and/or to act for and on behalf of the Town of Southampton and/or Suffolk County in the acquisition of the subject parcel; and

 

BE IT FURTHER RESOLVED, that in the event the County of Suffolk authorizes participation in Suffolk County Pay As You Go Drinking Water Protection Program, the Town of Southampton hereby recommends that the property be managed and used in accordance with the Suffolk County Open Space Program (natural resource preservation); and

 

BE IT FURTHER RESOLVED, that in the event the County of Suffolk authorizes participation in the Suffolk County Pay As You Go Drinking Water Protection Program, title to the subject parcel (or any lesser interest acquired hereunder) may be held in whole or in common with the Town of Southampton and/or County of Suffolk; and

 

BE IT FURTHER RESOLVED, that the Town Board of the Town of Southampton hereby requests that the County of Suffolk participate in the Suffolk County Pay As You Go Drinking Water Protection Program, and acquire fee title (or a lesser interest herein) to said property; and

 

BE IT FURTHER RESOLVED, that the Town of Southampton represents that said property meets the criteria for acquisition under the Suffolk County Open Space Program; and

 

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

 

NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on Tuesday, May 8, 2012 at 1 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York to consider the acquisition of lands offered by 6 Pierrepont LLC, consisting of approximately 29 acres, located on Montauk Highway in Westhampton, shown as SCTM No. 900-356-2- p/o 1.6 and 2, located in the Village and Hamlet Greens, Parks, Recreation and Open Space Target Preservation Area and Wetlands Target Preservation Area of the "Town of Southampton Community Preservation Project Plan" for acquisition for park, recreation, open space and/or conservation purposes pursuant to the provisions of Chapter 140 of the Town Code and §247 of the General Municipal Law of the State of New York.  Said acquisition is to be considered in partnership with the County of Suffolk.

 

BE IT FURTHER RESOLVED, that the Town Clerk shall forward a copy of this resolution to Jay Schneiderman, Suffolk County Legislator, and Sara Lansdale, Suffolk County Planning Director.

 

                                                        BY ORDER OF THE TOWN BOARD

                                                        TOWN OF SOUTHAMPTON, NEW YORK

                                                        SUNDY SCHERMEYER, TOWN CLERK

 

51. RES-2012-483 : Notice of Public Hearing to Consider the Adoption of the 2012 CPF PILOT Plan

WHEREAS, Town Law 64-e, the state enabling legislation for the Peconic Bay Region Community Preservation Fund (hereinafter referred to as “CPF”) was amended in 2011 in regards to its PILOT (Payments in Lieu of Taxes) provisions; and

 

WHEREAS, specifically, Town Law 64-e(5) now requires a town board to adopt an annual PILOT plan before any PILOT payments are made; and

 

WHEREAS, said PILOT plan shall specify each parcel eligible for a payment, provide the amount of payment for each parcel for the current fiscal year and an estimate for the following year and provide the assessed value of each eligible parcel; and

 

WHEREAS, said PILOT plan shall be approved and adopted after a public hearing;

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on May 8, 2012 at 1 p.m. at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against the adoption of the 2012 CPF PILOT Plan; and

 

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

 

NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Southampton on Tuesday, May 8, 2012 at 1 p.m. at Southampton Town Hall, 116 Hampton Road, Southampton, New York to consider the adoption of the 2012 CPF PILOT Plan.

 

                                                                                                  BY ORDER OF THE TOWN BOARD

                                                                                                  TOWN OF SOUTHAMPTON, NEW YORK

                                                                                                  SUNDY A. SCHERMEYER, TOWN CLERK

 

52. Walk-on Resolution No. 2012-484
53. RES-2012-484 : Authorize the Supervisor to Execute a Consulting Contract with Edward Armus Engineering, PLLC. to Provide Engineering Services for the Repair to the Salt/Sand and Workshop Buildings in Hampton Bays and Westhampton

WHEREAS, the Highway Department's salt and sand barns are in need of repair at the Hampton Bays yard location and at the Westhampton Transfer Station highway yard; and

 

WHEREAS, engineering services are necessary for the development of specifications and drawings to be assembled for bidding to the public; and

 

WHEREAS, Edward Armus Engineering, PLLC. has assisted the Highway Department on several similar projects and is familiar with the services necessary to complete this task; and

 

WHEREAS, the Highway Department has received and approved a proposal from Edward Armus Engineering, PLLC. for the engineering services that will address the various issues at these locations; and

 

WHEREAS, the services to be provided by Edward Armus Engineering, PLLC. will result in drawings to be prepared and assembled, specifications prepared, development of a budget cost estimate, bid tabulations and recommendations, the cost of the engineering services provided shall not exceed $12,440; now therefore, be it

   

RESOLVED, that based on the recommendation of the Highway Superintendent, the Town Board hereby authorizes the Supervisor to execute a contract with Edward Armus Engineering Services, PLLC. to provide engineering services to the highway department for the Repair to the Salt/Sand and Workshop Buildings in Hampton Bays and Westhampton, be it

 

FURTHER RESOLVED, that this contract shall be prepared by the Office of Contracts Administration to commence upon a fully executed contract and expire on December 31, 2012, per the Town Comptroller's Office, no purchase order shall be issued and no payment shall be made without a fully executed contract. The source of funding for this contract shall be Capital Project Highway Building Compliance - Improvements G/L #C6-99-C322-00-6220-0000 in an amount not to exceed $12,440.

54. Walk-on Resolution No. 2012-485
55. RES-2012-485 : Road Review for David Susser SCTM# 900-134-04-49.3 in Bridgehampton is Accepted

WHEREAS, at the regular Road Review Committee meeting on April 10, 2012 the Road Review Committee reviewed the application of David Susser SCTM#900-134-04-04-49.3 for the purpose of granting permission to build on a lot fronting on or accessing Mid Ocean Drive, Pursuant to the provisions of Article III Chapter 123 of the Code of the Town of Southampton § 280-A; and

 

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

David Susser to build one house on the property located on the south side of Mid Ocean Drive, approximately 1200 feet west of Atlantic Avenue (aka Ocean Road), situate in Bridgehampton, as shown on a survey map prepared by Lester Holden, L.S., dated January 19, 2012, comprising 88,078 sq. ft.                                           SUBJECT TO:

 

1.              It is the recommendation of the Road Review Committee that the Applicant is not required to do any improvements to this private road, as the existing roadway is in good condition.

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

3.              The determination of the Road Review Committee making recommendation to the Town Board shall not be released until such time that the applicant submits an original Owner’s Endorsement page of the Road Review application to the Town Attorney’s office (Michael Sendlenski).

 

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

 

NOW, THEREFORE BE IT RESOLVED, that for the purpose of granting permission to build on a lot fronting on a private road, the specifications recommended by the Road Review Committee for a portion of Mid Ocean Drive, situate in Bridgehampton, in connection with the application of David Susser are approved, pursuant to the provisions of Article III Chapter 123 of the Code of the Town of Southampton.            

 

 

 

56. Walk-on Resolution Nos. 2012-486 through 2012-488
57. RES-2012-486 : Authorize the Supervisor to Execute a Service Agreement with Motorola Solutions for the Radio Systems, Tower and Communication at the Town's Police Department
WHEREAS, Radio Consoles were installed by Motorola Solutions at the Town's Police Department for purposes of dispatch for emergency's services; and

WHEREAS, the maintenance of this system is imperative to ensure that the Town's inhabitants are protected in the event of an emergency; and

WHEREAS, the Police Department previously utilized the services for maintenance provided by Eastern Long Island Electronics, Inc. n/k/a Integrated Wireless Technologies, LLC. (Integrated) pursuant to resolution 2011-299, at the rate of $4,000.00 per month; and

WHEREAS, the services provided by Integrated have expired as of March 31, 2012 and the need exists to have these services provided by someone familiar with the requirements to properly ensure that the safety of the Town's inhabitants is of the utmost importance; and

WHEREAS, Motorola Solutions, the company that provided the radio consoles and the company that Integrated was an authorized dealer of holds current state contract(s) for equipment PT62496, (parts, etc.) and under state contract PT62495 and for services, (maintenance and updates); and

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

WHEREAS, the cost associated with the maintenance and upgrades of the radio console for the emergency stop gap measure to the Town's Police Department shall not exceed $107,000.00 to cover services provided from a date retroactive from April 1, 2012 to March 31, 2013, all other terms and conditions will be commensurate with the state contract held by this vendor; now therefore, be it

RESOLVED, that the Town Board of the Town of Southampton hereby authorizes the purchase of the maintenance services from Motorola Solutions under the state contracts referenced above, the amount of this purchase shall not exceed $107,000.00 and authorizes the Supervisor to sign a maintenance agreement with Motorola Solutions on behalf of the Town; and be it

FURTHER RESOLVED, that the Office of Contracts Administration has verified that Motorola Solutions is an authorized vendor on these state contracts and that the state contracts are valid.
58. RES-2012-487 : Resolution to Correct Scrivener's Error in Authorizing Resolution for the Acquisition of Lands of the Links at East Quogue LLC

WHEREAS, on October 12, 2010, the Town Board adopted Resolution No. 2010-988 authorizing acquisition of lands of The Links at East Quogue LLC via the CPF Program and in 50% partnership with Suffolk County; and

 

WHEREAS, the acquisition totals approximately 150 acres, encompassing 18 tax map parcels in the Central Pine Barrens Region; and

 

WHEREAS, due to a scrivener’s error, four parcels were omitted from the Community Preservation Project Plan 2010, specifically, SCTM #900-250-4-15, #900-314-2-20.4, #900-315-1-5 and #900-315-1-15 in the Central Pine Barrens - Critical Resource Target Area; and

 

WHEREAS, due to a scrivener’s error in Resolution No. 2010-988, five parcels, specifically SCTM #900-289-1-1 and #900-250-4-2 through 5, were inadvertently described in the Core Preservation Target Area when, in fact, said parcels are designated in the Critical Resource Target Area of the Central Pine Barrens Target Area; and

 

WHEREAS, the Community Preservation Department seeks to correct these two scrivener’s errors;

 

NOW, THEREFORE, BE IT RESOLVED, that the following parcels are designated in the Central Pine Barrens - Critical Resource Target Area of the Community Preservation Project Plan 2010:

 

              SCTM #900-250-4-15

              SCTM #900-314-2-20.4

              SCTM #900-315-1-5

              SCTM #900-315-1-15

 

BE IT FURTHER RESOLVED that the following parcels are designated in the Central Pine Barrens - Critical Resource Target Area of the CPF Project Plan 2010:

 

              SCTM #900-289-1-1

              SCTM #900-250-4-2

              SCTM #900-250-4-3

              SCTM #900-250-4-4

              SCTM #900-250-4-5

59. RES-2012-488 : Warrant #7, Capital #7, CPF #7, April 10, 2012

RESOLVED, per the recommendation and approved by the Town Comptroller, the following vendor payment warrants dated April 10, 2012 be approved in the amount of:

 

Warrant #7                             $ 331,568.43

 

Capital #7                            $ 115,417.60

 

CPF #7                            $ 8,002.92

 

Payroll Liability               $ 35,427.58

 

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

 

Date

Check Number

Vendor

Amount

3-30-12

Wire Transfer

MTA Payroll Tax

$ 4,582.27

3-30-12

Wire Transfer

NYS Payroll Tax

$ 66,339.66

3-30-12

Wire Transfer

Federal Tax & FICA

$ 360,424.13

4/11/12

Wire Transfer

Long Island Golf Management

$ 44,204.47

4/11/12

Wire Transfer

P Card and AmEx

$ 24,037.96

4/13/12

Wire Transfer

Bond Principal and Interest

$ 1,106,442.72

4/13/12

Wire Transfer

CPF Bond Principal and Interest

$ 1,437,325.00

4/5/12

Misc Checks

LIPA

$ 22,543.52

4/13/12

Misc Checks

Medicare Reimbursements

$ 75,800.55

3/27/12

19753

Bridgehampton Child Care

$ 250.00

3/27/12

19754

Kathleen Keller

$ 250.00

3/27/12

19755

Kings Chapel Church of God

$ 250.00

3/27/12

19756

Kiwanis Key Club of Greater Riverhead

$ 250.00

3/27/12

19757

Southampton Town Animal Shelter

$ 250.00

3/27/12

19758

Suffolk County Girl Scouts

$ 250.00

3/27/12

19759

Suffolk County Girl Scouts

$ 250.00

3/27/12

19760

Suffolk County Girl Scouts

$ 100.00

3/27/12

19761

Southampton United Methodist Church

$ 250.00

4/9/12

304

Sway Real Estate Holdings (CPF

$ 4,947,324.25

 

 

 

 

 

 

Total

$ 8,091,124.53

* - 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 #7, Capital #7, and CPF #7.

 

VII. Closing
1. Adjourn



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