JVC

212
Town of Brookhaven Long Island D-1: Steve Fiore-Rosenfeld D-2: Jane Bonner D-3: Kathleen Walsh D-4: Constance Kepert D-5: Timothy Mazzei D-6: Daniel Panico Mark Lesko, Supervisor RESOLUTION AGENDA TOWN OF BROOKHAVEN May 22, 2012 RESOLUTION AGENDA District # Resolution # D-1 2012-017-A2 AMENDMENT TO RESOLUTION 2012-17 ENTITLED "SETTING THE TOWN BOARD MEETING DATES FOR THE REMAINDER OF THE 2012 YEAR" TO REMOVE THE AUGUST 9, 2012 WORK SESSION AND AUGUST 14, 2012 TOWN BOARD MEETING D-3 2012-061-A2 AMENDING RESOLUTION NO. 2012-61 TO ADD AN ADDITIONAL DAY OF ADMINISTRATIVE LEAVE FOR MEG SHUTKA, CSEA WHITE COLLAR UNIT PRESIDENT ON JUNE 15, 2012, IN LOS ANGELES, CALIFORNIA D-5 2012-158-A1 RESCINDING RESOLUTION NO. 2012-158 AUTHORIZING CHANGE ORDER NO. 2 TO CONTRACT #20100077 "MATERIALS RECYCLING FACILITY EXPANSION (GENERAL CONSTRUCTION)" AWARDED TO RACANELLI CONSTRUCTION CO., INC. D-6 2012-233-A1 WITHDRAWAL OF RESOLUTION NO. 2012-233 ENTITLED "AUTHORIZATION FOR ACQUISITION OF PROPERTY ON BEHALF OF THE MASTIC BEACH AMBULANCE DISTRICT FOR PROPERTY LOCATED AT 31 DORIS DRIVE, MASTIC BEACH" D-6 2012-334 SEQRA NEGATIVE DECLARATION - AUTHORIZATION TO ACCEPT AS A DONATION FROM THE PRESBYTERY OF LONG ISLAND SUBJECT TO AN INVESTIGATION OF THE SUITABILITY OF THE BUILDING AND LAND LOCATED AT SOUTH STREET, MANORVILLE, (SCTM No. 0200-508.00-01.00-004.001) TABLED D-6 2012-421-A1 MENDING RESOLUTION 2012-421 ENTITLED "AUTHORIZATION TO CREATE AND APPOINT A REDISTRICTING COMMITTEE TO CONDUCT A STUDY TO PROPOSE TO THE TOWN BOARD OF THE TOWN OF BROOKHAVEN APPROPRIATE REVISIONS TO THE

Transcript of JVC

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Town of Brookhaven Long Island

D-1: Steve Fiore-Rosenfeld

D-2: Jane Bonner

D-3: Kathleen Walsh

D-4: Constance Kepert

D-5: Timothy Mazzei

D-6: Daniel Panico

Mark Lesko, Supervisor

RESOLUTION AGENDA

TOWN OF BROOKHAVEN

May 22, 2012

RESOLUTION AGENDA

District # Resolution #

D-1 2012-017-A2 AMENDMENT TO RESOLUTION 2012-17 ENTITLED "SETTING THE TOWN BOARD MEETING DATES FOR THE REMAINDER OF THE 2012 YEAR" TO REMOVE THE AUGUST 9, 2012 WORK SESSION AND AUGUST 14, 2012 TOWN BOARD MEETING

D-3 2012-061-A2 AMENDING RESOLUTION NO. 2012-61 TO ADD AN ADDITIONAL DAY OF ADMINISTRATIVE LEAVE FOR MEG SHUTKA, CSEA WHITE COLLAR UNIT PRESIDENT ON JUNE 15, 2012, IN LOS ANGELES, CALIFORNIA

D-5 2012-158-A1 RESCINDING RESOLUTION NO. 2012-158 AUTHORIZING CHANGE ORDER NO. 2 TO CONTRACT #20100077 "MATERIALS RECYCLING FACILITY EXPANSION (GENERAL CONSTRUCTION)" AWARDED TO RACANELLI CONSTRUCTION CO., INC.

D-6 2012-233-A1 WITHDRAWAL OF RESOLUTION NO. 2012-233 ENTITLED "AUTHORIZATION FOR ACQUISITION OF PROPERTY ON BEHALF OF THE MASTIC BEACH AMBULANCE DISTRICT FOR PROPERTY LOCATED AT 31 DORIS DRIVE, MASTIC BEACH"

D-6 2012-334 SEQRA NEGATIVE DECLARATION - AUTHORIZATION TO ACCEPT AS A DONATION FROM THE PRESBYTERY OF LONG ISLAND SUBJECT TO AN INVESTIGATION OF THE SUITABILITY OF THE BUILDING AND LAND LOCATED AT SOUTH STREET, MANORVILLE, (SCTM No. 0200-508.00-01.00-004.001) TABLED

D-6 2012-421-A1 MENDING RESOLUTION 2012-421 ENTITLED "AUTHORIZATION TO CREATE AND APPOINT A REDISTRICTING COMMITTEE TO CONDUCT A STUDY TO PROPOSE TO THE TOWN BOARD OF THE TOWN OF BROOKHAVEN APPROPRIATE REVISIONS TO THE

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BOUNDARIES OF THE TOWN COUNCIL DISTRICTS SO THAT EACH DISTRICT WILL CONTAIN SUBSTANTIALLY EQUAL CITIZEN POPULATIONS"

Supervisor 2012-429-A1 AMENDING RESOLUTION 2012-429 ADOPTED APRIL 24, 2012 ENTITLED "AUTHORIZING AN AGREEMENT BETWEEN THE TOWN OF BROOKHAVEN AND JVC BROADCASTING, INC. FOR PRODUCTION OF "VOLUNTEER EMERGENCY SERVICES APPRECIATION DAY" AT THE BROOKHAVEN AMPHITHEATER, TO BE HELD ON MAY 19, 2012"

Supervisor 2012-473 2012 PARKS OPERATING BUDGET AMENDMENT TO CREATE BUDGET LINES FOR SPECIAL RECREATION TRANSPORTATION

D-1 2012-474 AUTHORIZATION TO RELEASE CASH SECURITY GIVEN IN LIEU OF A PERFORMANCE BOND FOR 280-A ROAD IMPROVEMENT - MALL AVENUE AT PORT JEFFERSON STATION

D-1 2012-475 AUTHORIZING RENEWAL OF CONTRACT WITH JOHN WILLIS CO. INC., FOR THE PROJECT "SEWAGE DISPOSAL" - CONTRACT #20100062

D-1 2012-476 AUTHORIZATION TO RELEASE PERFORMANCE BOND FOR LAND DIVISION - MALL AVENUE, PORT JEFFERSON STATION

D-1 2012-477 AUTHORIZATION TO ENDORSE INSURANCE SETTLEMENT CHECK FROM FIDELITY NATIONAL PROPERTY AND CASUALTY INS. CO. FOR STORM DAMAGE AT STONY BROOK YACHT CLUB

D-3 2012-478 AUTHORIZING SUPERVISOR/DEPUTY SUPERVISOR'S SIGNATURE ON NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES - BYRNE JUSTICE ASSISTANCE

D-4 2012-479 AUTHORIZING ACCEPTANCE OF TWO COMMERCIAL REFRIGERATORS AND ONE COMMERCIAL FREEZER FROM THE SUFFOLK COUNTY OFFICE OF THE AGING

D-4 2012-480 2012 OPERATING BUDGET AMENDMENT TO REFLECT CHANGES IN EXISTING GRANT AWARD THROUGH SUFFOLK COUNTY FOR THE OPERATION OF THE TITLE III "C" NUTRITION PROGRAM FOR THE ELDERLY

D-4 2012-481 AUTHORIZATION FOR EXPENDITURE OF FUNDS FOR APPRAISAL TO ACQUIRE FULL TITLE OF DAVID OVERTON ROAD, CORAM

D-4 2012-482 RESOLUTION OF THE TOWN OF BROOKHAVEN, NEW YORK, ADOPTED ON MAY 22, 2012, AMENDING THE BOND RESOLUTION HERETOFORE ADOPTED ON JANUARY 19, 2012 FOR THE INSTALLATION OF PAVEMENT MARKINGS ON TOWN ROADS

D-6 2012-483 AUTHORIZE ATTENDANCE FOR 3 FIRE MARSHALS AT THE ANNUAL LI/NYC EMERGENCY MANAGEMENT CONFERENCE 2012 ON MAY 30 AND MAY 31, 2012 AT THE LONG ISLAND MARRIOTT IN UNIONDALE, NY

D-5 2012-484 AUTHORIZING ACCEPTANCE OF DONATION TO THE HOLTSVILLE

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ECOLOGY SITE OF INFORMATIONAL AND EDUCATIONAL DISPLAYS FROM THE KAELI KRAMER FOUNDATION AND FROM SIGN PRO BETTER BY DESIGN, INC.

D-4 2012-485 CAPITAL BUDGET AMENDMENT TO AMEND CAPITAL APPROPRIATIONS FOR VARIOUS STREET LIGHTING PROJECTS TABLED

D-4 2012-486 SETTING A PUBLIC HEARING ON THE APPLICATION OF GAS DEVELOPMENT FARMINGVILLE, LLC FOR SPECIAL PERMIT FOR MOTOR VEHICLE FUELING STATION AND FOR WAIVER OF SPECIAL PERMIT CRITERIA ON PROPERTY LOCATED IN FARMINGVILLE

D-4 2012-487 SETTING A PUBLIC HEARING ON THE APPLICATION OF LEWIS ENTERPRISES FOR A CHANGE OF ZONE FROM J BUSINESS 2 AND A RESIDENCE 1 TO J BUSINESS 5 DISTRICT (HIGH INTENSITY BUSINESS), FOR SPECIAL PERMITS FOR MOTOR VEHICLE FUELING STATION AND ACCESSORY CONVENIENCE STORE AND FOR WAIVER OF SPECIAL PERMIT CRITERIA ON PROPERTY LOCATED IN YAPHANK

D-1 2012-488 AMENDMENT TO THE CSEA BLUE COLLAR SALARY SCHEDULE

Supervisor 2012-489 AUTHORIZING AN AWARD OF CONTRACT FOR RFP #11-22 "WIRELESS INTERNET ACCESS 2011 TOWN HALL and MAJOR TOWN PARKS" TO CSC HOLDING LLC (CABLEVISION)

D-1 2012-490 AUTHORIZING EXTENSION OF CONTRACT #20090021 "ELECTRICAL ON-CALL ANNUAL SERVICES" FOR A LIMITED PERIOD NOT TO EXCEED ONE HUNDRED AND TWENTY (120) DAYS FROM INTIAL EXPIRATION

D-1 2012-491 2012 OPERATING BUDGET TRANSFER TO PROPERLY REFLECT GRANT REVENUES TO BE RECEIVED IN THE CORRECT MUNIS GRANT ACCOUNT CODE

D-1 2012-492 AMENDMENT OF THE 2011 OPERATING BUDGET TO TRANSFER FUNDS TO COVER OUTSTANDING YEAR-END EXPENSES

D-1 2012-493 APPROVAL OF OPERATING PROFESSIONAL SERVICE REQUISITION IN EXCESS OF $5,000.00 FOR PAYMENT OF SERVICES TO BE PERFORMED BY QUESTICA, INC. FOR MAINTENANCE AND TECHNICAL SUPPORT OF TEAMBUDGET SOFTWARE

D-6 2012-494 SETTING A PUBLIC HEARING TO CONSIDER DESIGNATING "THE PETTY HOUSE" OF THE WILLIAM FLOYD ESTATES AS AN HISTORIC LANDMARK

D-6 2012-495 AUTHORIZATION TO ACQUIRE A VACANT PARCEL OF LAND OWNED BY THE EAST MORICHES FIRE DISTRICT FOR OPEN SPACE PURSUANT TO SECTION 72-H OF THE GENERAL MUNICIPAL LAW - WINDCREST DRIVE, MANORVILLE (SCTM No. 0200-592.00-02.00-008.004)

D-5 2012-496 AUTHORIZING TOWN BOARD ACCEPTANCE OF DONATIONS OF LABOR/SERVICES, GOODS AND IMPROVEMENTS BY DONORS IN

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CONNECTION WITH THE DEMOLITION OF ABANDONED STRUCTURES

D-2 2012-497 2012 OPERATING BUDGET AMENDMENT - REDUCING APPLICATION OF SURPLUS

D-4 2012-498 AUTHORIZING THE SUPERVISOR/DEPUTY SUPERVISOR TO EXECUTE DOCUMENTATION TO ACCEPT A GRANT AWARD FROM THE TRI-STATE TRANSPORTATION CAMPAIGN AND THE ONE REGION FUNDERS' GROUP - TRANSIT CENTERED DEVELOPMENT (TCD) GRANT PROGRAM - (BELLPORT), AND TO AUTHORIZE A 2012 OPERATING BUDGET AMENDMENT TO REFLECT THE AWARD OF GRANT FUNDING

D-4 2012-499 AUTHORIZATION TO RELEASE LETTER OF CREDIT FOR SITE PLAN - AVALON @ CHARLES POND @ CORAM TABLED

D-2 2012-500 AUTHORIZATION FOR PAYMENT TO THE LANDTEK GROUP, INC., FOR OUTSTANDING INVOICES FOR WORK PERFORMED AT HERITAGE PARK, MT. SINAI, UNDER CONTRACT #03-2137 "ATHLETIC FIELD MAINTENANCE"

D-3 2012-501 AUTHORIZATION FOR PAYMENT TO LASER INDUSTRIES, INC. FOR OUTSTANDING INVOICES FOR WORK PERFORMED AT VARIOUS TOWN PARKS, CONTRACT #03-2316 "CURBING and SIDEWALKS"

D-3 2012-502 AUTHORIZING FOR PAYMENT TO RESIDENTIAL FENCES CORP. FOR OUTSTANDING INVOICES FOR WORK PERFORMED AT VARIOUS PARK LOCATIONS, CONTRACT #03-2423 "FandI CHAIN LINK FENCE"

D-1 2012-503 TO CHANGE THE TITLE OF THE ENVIRONMENTAL BOND ACT ADVISORY COMMITTEE (EBAAC) TO THE "OPEN SPACE AND FARMLAND ACQUISITION ADVISORY COMMITTEE" AND SET OUT SPECIFIC RESPONSIBLITIES TABLED

D-5 2012-504 BOND RESOLUTION OF THE TOWN OF BROOKHAVEN, NEW YORK, ADOPTED MAY 22, 2012, APPROPRIATING $650,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE WATER ISLAND BEACH EROSION CONTROL DISTRICT, AND AUTHORIZING THE ISSUANCE OF $650,000 BONDS TO FINANCE SAID APPROPRIATION

D-4 2012-505 AUTHORIZATION TO ADD LOCATION TO CONTRACT #20120033 - REFUSE REMOVAL @ VARIOUS LOCATIONS

D-4 2012-506 AUTHORIZING RENEWAL OF CONTRACT WITH LI PROLINER, INC., FOR THE PROJECT "PandL FOR 12X24 VOLT ELECTRICAL REPAIRS"- CONTRACT #20100061

D-4 2012-507 AUTHORIZING AN AGREEMENT BETWEEN THE COUNTY OF SUFFOLK AND THE TOWN OF BROOKHAVEN FOR EISEP/CSE HOUSEKEEPER/CHORE PROGRAM AGREEMENT NO. 001-6778/6777-4980-95285

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D-1 2012-508 BOND RESOLUTION OF THE TOWN OF BROOKHAVEN, NEW YORK, ADOPTED MAY 22, 2012, AUTHORIZING THE ACQUISITION OF HARDWARE AND SOFTWARE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $650,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $650,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION

D-4 2012-509 AMENDING RESOLUTION NO. 2012-61 TO ADD AN ADDITIONAL DAY OF ADMINISTRATIVE LEAVE FOR MEG SHUTKA, CSEA WHITE COLLAR UNIT PRESIDENT ON JUNE 15, 2012, IN LOS ANGELES, CALIFORNIA

D-5, Supervisor

2012-510 HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE IN SUPPORT OF THE TRANSFER OF THE NEW YORK STATE ARMORY BUILDING ON BARTON AVENUE IN NORTH PATCHOGUE TO THE TOWN OF BROOKHAVEN FOR USE BY THE TOWN OF BROOKHAVEN

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-017-A2 Councilmember: D-1

Originated By: Steve Fiore-Rosenfeld, Town Council District 1

Title: AMENDMENT TO RESOLUTION 2012-17 ENTITLED "SETTING THE TOWN BOARD MEETING DATES FOR THE REMAINDER OF THE 2012 YEAR" TO REMOVE THE AUGUST 9, 2012 WORK SESSION AND AUGUST 14, 2012 TOWN BOARD MEETING

Subject:

Amendment to Resolution 2012-17 entitled "Setting the Town Board meeting dates for the remainder of the 2012 year"

Purpose:

To remove the Thursday, August 9th Work Session and Tuesday, August 14th Town Board Meeting.

History/Misc. Information:

Fiscal Impact:

None

Account Number:

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-17-A2_5-22-

12_Remove_August_Town_Board_Meeting_Dates

[1].doc

final resolution Cover Memo

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RESOLUTION SUBMISSION MEETING OF: MAY 22, 2012 RESOLUTION NO. 2012-17-A2 MOVED BY COUNCILMEMBER: Steve Fiore-Rosenfeld REVISION SHORT TITLE: AMENDMENT TO RESOLUTION 2012-17 ENTITLED ”SETTING THE

TOWN BOARD MEETING DATES FOR THE REMAINDER OF THE 2012 YEAR” TO REMOVE THE AUGUST 9, 2012 WORK SESSION AND AUGUST 14, 2012 TOWN BOARD MEETING

DEPARTMENT: Town Council REASON: To remove the August 9, 2012 Work Session and August 14, 2012 Town

Board Meeting. PUBLIC HEARING REQUIRED: DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: NONE

SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: RFQ:gg

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

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RESOLUTION NO. 2012-17-A2 MEETING OF: MAY 22, 2012 AMENDMENT TO RESOLUTION 2012-17 ENTITLED ”SETTING THE TOWN BOARD MEETING DATES FOR THE REMAINDER OF THE 2012 YEAR” TO REMOVE THE AUGUST 9, 2012 WORK SESSION AND AUGUST 14, 2012 TOWN BOARD MEETING

BE IT HEREBY RESOLVED by the Town Board of the Town of Brookhaven that

Resolution 2012-17 entitled “Setting the Town Board Meeting Dates for the Remainder of the

2012 Year” is hereby amended to reflect that the Thursday, August 9, 2012 Work Session and

the Tuesday, August 14, 2012 Town Board Meeting is hereby removed; and be it further

RESOLVED that as resolution 2012-17 was amended by resolution 2012-17-A1, the

remaining conditions of Resolution 2012-17-A1 entitled “Setting the Town Board Meeting Dates

for the remainder of the 2012 Year” shall remain unchanged.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-061-A2 Councilmember: D-3

Originated By: Carol Dono, Supervisor

Title: AMENDING RESOLUTION NO. 2012-61 TO ADD AN ADDITIONAL DAY OF ADMINISTRATIVE LEAVE FOR MEG SHUTKA, CSEA WHITE COLLAR UNIT PRESIDENT ON JUNE 15, 2012, IN LOS ANGELES, CALIFORNIA

Subject:

Amendment to Resolution # 2012-061 to Add an Additional Day of Administrative Leave for Meg Shutka.

Purpose:

To approve one additional day of administrative leave for Meg Shutka, CSEA White Collar Unit President, Suffolk Local 852 Executive Vice President and Suffolk Local 852 Board of Directors Representative.

History/Misc. Information:

Meg Shutka was approved for administrative leave for the AFSCME Convention in LA from June 18 - 22, 2012. She has been notified that she needs to be there for an early meeting on June 16, 2012 and is requesting Friday, June 15, 2012 as a travel day.

Fiscal Impact:

None

Account Number:

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-61-A2_5-22-

12_approve_additional_day_of_administrative_leave_Meg_Shutka.docresolution Cover Memo

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RESOLUTION SUBMISSION

MEETING OF: MAY 22, 2012 RESOLUTION NO. 2012-61-A2 MOVED BY COUNCILMEMBER: KATHLEEN A. WALSH REVISION SHORT TITLE: AMENDING RESOLUTION NO. 2012-61 TO ADD AN ADDITIONAL DAY OF ADMINISTRATIVE LEAVE FOR MEG SHUTKA, CSEA WHITE COLLAR UNIT PRESIDENT ON JUNE 15, 2012, IN LOS ANGELES, CALIFORNIA DEPARTMENT: REASON: To authorize an additional day of administration leave for Meg Shutka, on June 15, 2012, for the AFSCME Convention in Los Angeles, California. PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: None

SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: JL:dg

Present Absent Motion Aye No Abstain Not Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

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RESOLUTION NO. 2012-61-A2 MEETING OF: MAY 22, 2012

AMENDING RESOLUTION NO. 2012-61 TO ADD AN ADDITIONAL DAY OF ADMINISTRATIVE LEAVE FOR MEG SHUTKA, CSEA WHITE COLLAR UNIT PRESIDENT ON JUNE 15, 2012, IN LOS ANGELES, CALIFORNIA

WHEREAS, Resolution No. 2012-61 was adopted by the Town Board on January 19,

2012, authorizing that Meg Shutka, CSEA White Collar President, be granted Administrative

Leave to attend the following:

April 11 & 12, 2012 – Board of Directors, Albany, New York;

April 27, 2012 – Health and Safety Workshop, Lake Placid, New York;

May 9-11, 2012 - Region I Workshop, Clearwater, Florida;

June 1, 2012 – Spring Workshop, Buffalo, New York;

June 18-22, 2012 – AFSCME Delegates Convention, Los Angeles, California;

July 11 & 12, 2012 – Board of Directors, Albany, New York;

September 27 & 28, 2012 – Board of Directors, Albany, New York;

October 15-19, 2012 – Annual Delegates Convention, Washington, DC;

January 16 & 17, 2013 – Board of Directors, Albany, New York; and

WHEREAS, said resolution is required to be amended to add an additional day of

administrative leave for Meg Shutka, as CSEA White Collar President on June 15, 2012, Los

Angeles, California;

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NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Brookhaven

that Resolution No. 2012-61 is hereby amended to reflect an additional day of administrative

leave for Meg Shutka, CSEA White Collar Unit President, Suffolk Local 852 Executive Vice

President and Suffolk Local 852 Board of Directors Representative on June 15, 2012, for the

AFSCME Convention in Los Angeles, California; and be it further

RESOLVED, that Meg Shutka, as aforementioned, will not be charged with personal time

for this additional day of administrative leave on June 15, 2012 for the AFSCME Convention, and

that all the other dates of administrative leave as set forth in Resolution No. 2012-61 remain the

same.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-158-A1 Councilmember: D-5

Originated By: Rosemary Padilla, Waste Management

Title: RESCINDING RESOLUTION NO. 2012-158 AUTHORIZING CHANGE ORDER NO. 2 TO CONTRACT #20100077 "MATERIALS RECYCLING FACILITY EXPANSION (GENERAL CONSTRUCTION)" AWARDED TO RACANELLI CONSTRUCTION CO., INC.

Subject:

Rescind Resolution No. 2012-158 - Change Order No. 2 - Contract #20100077 Materials Recycling Facility Expansion (General Construction).

Purpose:

To rescind Change Order No. 2 to Contract #20100077 awarded to Racanelli Construction Co., Inc. for the Project "Material Recycling Facility Expansion (General Construction) - which will result in restoring $19,157.26 to the contract - for costs related to alternative design expenses incurred by the Town. The total revised contract amount will be $2,210,889.00.

History/Misc. Information:

Contract #20100077 awarded to Racanelli Construction by TB Resolution #2010-767 in the amount of $2,079,000.00. Change Order #1 authorized by TB Resolution #2011-182 in the amount of $131,889.00. Change Order #2 authorized by TB Resolution #2012-158 in the amount of ($19,157.26).

Fiscal Impact:

$19,157.26

Account Number: H 8160 3212 2008 (MRF Improvements)

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-158-A1_5-22-

12_Rescinding_Reso_2012-

158_Racanelli_Construction.doc

Resolution Cover Memo

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RESOLUTION SUBMISSION

MEETING OF: MAY 22, 2012 RESOLUTION NO. 2012-158-A1

MOVED BY COUNCILMEMBER: TIMOTHY P. MAZZEI

REVISION:

SHORT TITLE: RESCINDING RESOLUTION NO. 2012-158 AUTHORIZING CHANGE ORDER NO. 2 TO CONTRACT #20100077 “MATERIALS RECYCLING FACILITY EXPANSION (GENERAL CONSTRUCTION)” AWARDED TO RACANELLI CONSTRUCTION CO., INC.

DEPARTMENT: WASTE MANAGEMENT

REASON: The decrease in funds authorized by Change Order No. 2 is no longer required to complete the Materials Recycling Facility Expansion.

PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: $19,157.26 restored to contract Account No. H 8160 3212 2008 (MRF Improvements)

MEP:jb SEQRA REQUIRED: DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED:

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

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RESOLUTION NO. 2012-158-A1

MEETING OF: MAY 22, 2012

RESCINDING RESOLUTION NO. 2012-158 AUTHORIZING CHANGE ORDER NO. 2 TO CONTRACT #20100077 “MATERIALS RECYCLING FACILITY EXPANSION (GENERAL CONSTRUCTION)” AWARDED TO RACANELLI CONSTRUCTION CO., INC.

WHEREAS, the Town Board of the Town of Brookhaven, by Resolution

No. 2012-158 dated February 7, 2012, authorized Change Order No. 2 in

connection with the expansion of the Materials Recycling Facility (MRF)

Expansion awarded to Racanelli Construction Co., Inc.; and

WHEREAS, the Department of Waste Management has determined that

the electrical work funded, in part, by the reduction in the MRF Expansion

(General Contract) award can now be funded entirely through savings contained

within the electrical contract itself; and

WHEREAS, Change Order No. 2, reducing the MRF General Construction

Contract, is no longer required; and

WHEREAS, the Town Board of the Town of Brookhaven is desirous of

rescinding Resolution No. 2012-158, dated February 7, 2012, to eliminate

Change Order No. 2, as authorized by Resolution No. 2012-158.

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NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town

of Brookhaven that Resolution No. 2012-158 adopted February 7, 2012, is

hereby rescinded.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-233-A1 Councilmember: D-6

Originated By: Debbie Masterson, Law

Title: WITHDRAWAL OF RESOLUTION NO. 2012-233 ENTITLED "AUTHORIZATION FOR ACQUISITION OF PROPERTY ON BEHALF OF THE MASTIC BEACH AMBULANCE DISTRICT FOR PROPERTY LOCATED AT 31 DORIS DRIVE, MASTIC BEACH"

Subject:

Purpose:

To withdraw Resolution No. 2012-233 because the Town Board is no longer desirous of acquiring the property located at 31 Doris Drive, Mastic Beach, on behalf of the Mastic Beach Ambulance District.

History/Misc. Information:

Fiscal Impact:

None

Account Number:

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-233-

A1_Withdrawing_Resolution_2012-

233.doc

Resolution 2012-233-A1 Cover Memo

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RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-233-A1 MOVED BY COUNCILMEMBER: Daniel Panico REVISION SHORT TITLE: WITHDRAWAL OF RESOLUTION NO. 2012-233 ENTITLED

“AUTHORIZATION FOR ACQUISITION OF PROPERTY ON BEHALF OF THE MASTIC BEACH AMBULANCE DISTRICT FOR PROPERTY LOCATED AT 31 DORIS DRIVE, MASTIC BEACH”

DEPARTMENT: Law REASON: The Town Board is no longer desirous of acquiring said property.

PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES DOLLARS INVOLVED: None

SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: NO

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

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RESOLUTION NO. 2012-233-A1 MEETING OF: May 22, 2012

WITHDRAWAL OF RESOLUTION NO. 2012-233 ENTITLED “AUTHORIZATION FOR ACQUISITION OF PROPERTY ON BEHALF OF THE MASTIC BEACH AMBULANCE DISTRICT FOR PROPERTY LOCATED AT 31 DORIS DRIVE, MASTIC BEACH”

WHEREAS, Resolution No. 2012-233 adopted on March 6, 2012, authorized the acquisition

of property on behalf of the Mastic Beach Ambulance District for property located at 31 Doris

Drive, Mastic Beach, further identified as SCTM No. 0209-021.00-05.00-020.000; and

WHEREAS, the Town Board now wishes to withdraw said Resolution as they are no longer

desirous of acquiring said property.

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Brookhaven

hereby withdraws Resolution No. 2012-233 adopted on March 6, 2012, entitled “Authorization for

Acquisition of Property on Behalf of the Mastic Beach Ambulance District for property located at

31 Doris Drive, Mastic Beach”.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-334 Councilmember: D-6

Originated By: Gina Guccione, Law

Title: SEQRA NEGATIVE DECLARATION - AUTHORIZATION TO ACCEPT AS A DONATION FROM THE PRESBYTERY OF LONG ISLAND SUBJECT TO AN INVESTIGATION OF THE SUITABILITY OF THE BUILDING AND LAND LOCATED AT SOUTH STREET, MANORVILLE, (SCTM No. 0200-508.00-01.00-004.001) TABLED

Subject:

Purpose:

To adopt the SEQRA Negative Declaration regarding the acceptance of land and building from the Presbytery of Lond Island located at South Street, Manorville, New York.

History/Misc. Information:

Fiscal Impact:

None

Account Number:

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-334_05-22-

12_neg_dec_Presbytery_of_Long_Island.doc2012-334 Cover Memo

SR_#_97-12_ENV_Review.pdf back up Cover Memo

SR_#_97-12_NEG_DEC.pdf back up Cover Memo

SR_#_97-12_Short_EAF.pdf back up Cover Memo

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MEETING OF: May 22, 2012 RESOLUTION NO. 2012-334 MOVED BY COUNCILMEMBER: DANIEL PANICO REVISION SHORT TITLE: SEQRA NEGATIVE DECLARATION – AUTHORIZATION TO ACCEPT AS A DONATION FROM THE PRESBYTERY OF LONG ISLAND SUBJECT TO AN INVESTIGATION OF THE SUITABILITY OF THE BUILDING AND LAND LOCATED AT SOUTH STREET, MANORVILLE, (SCTM No. 0200-508.00-01.00-004.001) DEPARTMENT: Law REASON: To adopt the SEQRA Negative Declaration. PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: None

SEQRA REQUIRED: NO DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED:

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

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RESOLUTION NO. 2012-334 MEETING OF: May 22, 2012

SEQRA NEGATIVE DECLARATION – AUTHORIZATION TO ACCEPT AS A DONATION FROM THE PRESBYTERY OF LONG ISLAND SUBJECT TO AN INVESTIGATION OF THE SUITABILITY OF THE BUILDING AND LAND LOCATED AT SOUTH STREET, MANORVILLE, (SCTM No. 0200-508.00-01.00-004.001)

WHEREAS, the Town Board is presently considering the acceptance of a donation of

land and building located at South Street, Manorville, from the Presbytery of Long Island, for

general municipal purposes in order to preserve one of the remaining original Brookfield

buildings, more particularly described by SCTM #0200-508.00-01.00-004.001); and

WHEREAS, the Division of Environmental Protection has completed an Environmental

Assessment Form with respect to said proposed action, and has submitted same and

recommendations to this Town Board for its consideration and review;

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of

Brookhaven that based upon the Town Board's examination of the Environmental Assessment

Form and recommendations, and the appropriate criteria for determination of significance, the

proposed action is an Unlisted action which will not have a "significant impact" on the

environment, and, therefore, no Environmental Impact Statement need be prepared, and be it

further

RESOLVED that this resolution constitutes a "negative declaration" pursuant to SEQRA

and that this Board's Findings and Notice of this determination (as set forth in the notice of

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determination attached hereto) shall be filed to the extent required by the State Environmental

Quality Review Act or as deemed necessary by this Town Board.

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Division ofEnvironmental Protection

Administrative Review(Unlisted and Type II Projects Only)

evlew Type: OTHER

Application No: N/A

ppIicant-Owner Presbytery of Long Island, Presbyterian Church USA Inc

Project Name: Presbytery of Long Island Church Land/Building Donation

Project Location: N/w/c of Wading River Rd. and South St., Manorville

iCTM No.: 0200508000100 004001

project To accept the donation of .25 acres of land and an existing church originally constructed in 1839 for general

)escription: municipal purposes

Division of Environmental Protection has completed its review of the aforementionedproposal and finds that the project is not of sufficient scope and/or complexity to require

a full Environmental Review.

F The Project is Type II Action and does not require further SEQR Review.

Rationale6NYCRR Part 617 Reference(s): i.e. 617.5(c)L)

EnvironmentalComments orRecommendationsif any:

The Project is an Unlisted Action and a draft Negative Declaration is attached.

f Site is currently developed Percent Developed: jioo

F Site is devoid of natural vegetation

J Proposal appears to conform to surroundings

( No Impacts to Natural Resources are anticipated

F Photos Attached Page 2.

Review Analyst: Ormand, Environmental Analyst

Approved F Denied - if checked DEPto Complete Full Review

of Environmental Protection

SignedPage 1 of 4

Date

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STATE ENVIRONMENTAL QUALITY REVIEWNEGATIVE DECLARATION

NOTICE OF NON-SIGNIFICANCE

LEAD AGENCY: Town of Brookhaven Town Board

One Independence HillFarmingville, NY 11738

TITLE OF ACTION: APPLICANT/OWNER:

Presbytery of Long Island Church Land/Building Donation JPresbYterY of Long Island, Presbyterian Church USA Inc

SEQR STATUS: lhi5ted APPLICATION NO: IJ/’ASRNO 97-12

DESCRIPTION OF ACTION:

To accept the donation of .25 acres of land and an existing church originally constructed in 1839 for general municipal purposes

LOCATION:

N/w/c of Wading River Rd. and South St., Manorville

SCTM NO:

J0200 50800 0100 004001

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8(State Environmental Quality Review) of the Environmental Conservation Law.

SEQR History

NDPagel of2

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REASONS SUPPORTING THIS DETERMINATION:

1. The Division of Environmental Protection of the Town of Brookhaven, upon reviewing this action in accordancewith SEQR Part 617.3 & 617.6 and comparing it with the thresholds set forth in section 617.4 therein, hasdetermined that this project is a(n) JUnlisted Action.

2. The Town of Brookhaven Planning Board after review and analysis of the above, the EnvironmentalAssessment Form Parts I and II, the criteria contained in section 617.7, aerial photographs, fieldreconnaissance, cultural resource, environmental assessment, wetland maps and any other supportinginformation identi1ring the relevant areas of environmental concern finds that this action is notanticipated to have a significant effect upon the environment.

3. No significant impact is expected to occur to: air, land resources, aesthetic resources, groundwater orsurface water resources, archaeological resources, open space and recreation, transportation, energy,and public health nor is the project expected to generate significant noise and odor levels.

4. No significant impacts area expected on the growth and character of the community.

Other Supporting Information:

LEAD AGENCY:Town of Brookhaven Town Board

CONTACT Luke Ormand, Environmental AnalystPERSON:ADDRESS: 1 Independence Hill, Farmingville, NY 11738PHONE NO.: 631-451-6455

COPIES OF THIS NOTICE SENT TO:ENB (Type I Actions)

APPLICANT: JPresbytery of Long Island, Presbyterian Church USA Inc

F Town of Brookhaven Town Board [ NYS Office of Parks Recreation and Historic Preservation

F Town of Brookhaven Planning Board F NYS Department of State

F Town of Brookhaven Board of Zoning Appeals F Suffolk County Department of Planning

F Town of Brookhaven Division of Traffic Safety F Suffolk County Department of Public Works

F Town of Brookhaven Highway Department F Suffolk County Department of Health Services

F Town of Brookhaven P.E.L.M. F Suffolk County Sewer Agency

F NYSDEC, Region 1 F Suffolk County Water Authority

F NYSDEC Natural Heritage F Central Pine Barrens JPPC

F NYSDOT, Region 10 F

TIUS DETERMiNATION IS NOT COMPLETE UNTIL AUTHORIZED AS FOLLOWS:ADOPTED BY RESOLUTION ON:

______________________

Date

IPatricia A. Eddington, Planning Board Secretary Signature ND Page 2 of 2

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617.20

Appendix CState Environmental Quality Review

SHORT ENVIRONMENTAL ASSESSMENT FORMFor UNLISTED ACTIONS Only

PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)1. APPLICANT/SPONSOR 2. PROJECT NAME

Town of Brookhaven Presbytery of Long Island Land/Church Donation SR # 97-12

3. PROJECT LOCATION:

Municipality Manorville County Suffolk

4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)

N/w/c Wading River Rd. and South St., Manorville

5. PROPOSED ACTION IS:New j Expansion Modification/alteration

6. DESCRIBE PROJECT BRIEFLY:

To accept the donation of a .25 acre parcel and an existing church which was originally constructed in 1839 for general municipalpurposes

7. AMOUNT OF LAND AFFECTED:Initially .25 acres Ultimately

_________________

acres

8. WiLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?

171 Yes [] No If No, describe briefly

9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?Residential [] Industrial []Commercial [] Agriculture 171 Park/ForestlOpen Space [2] Other

Describe:

10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)?

Yes 171 No If Yes, list agency(s) name and permitlapprovals:

11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?Yes 171 No If Yes, list agency(s) name and permit/approvals:

12. AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?

Q Yes No

I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGEApplicantlsponsor na Luke Ormand, Environmental Analyst Date: ..3/I &,&._

SignaturetC

if the action is in the Coastal Area, and you are a state agency, complete theCoastal Assessment Form before proceeding with this assessment

OVER

Rest1I

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PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)

PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Eacheffect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations containsufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checkedyes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.

Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULJEAF and/or prepare a positive declaration.

Check this box if you have determined, based on the information and analysis above and any supporting documentation, thatthe proposed action WILlNOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination

Town of Brookhaven Town Board

Name of Lead Agency

Patricia A. EddingtonPrint or Type Name of Responsible Officer in Lead Agency

Date

Town 9Iek

A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF.Yes No

B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negativedeclaration may be superseded by another involved agency.

Yes No

C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWiNG: (Answers may be handwritten, if legible)Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,

potential for erosion, drainage or flooding problems? Explain briefly:

No

C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:

No

C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:

No

C4. A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:

No

C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:

No

C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly:

No

C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:

No

D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICALENVIRONMENTAL AREA (CEA)?

EJ Yes No If Yes, explain briefly:

E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?Yes No If Yes, explain briefly:

Signature of Responsible Officer in Lead Agency

_i-I1Iee-Hesponsible O1flcer‘I

Signat rer (If different from responsible officer)

Reset

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-421-A1 Councilmember: D-6

Originated By: Kathleen Walsh, Town Council District 3

Title: MENDING RESOLUTION 2012-421 ENTITLED "AUTHORIZATION TO CREATE AND APPOINT A REDISTRICTING COMMITTEE TO CONDUCT A STUDY TO PROPOSE TO THE TOWN BOARD OF THE TOWN OF BROOKHAVEN APPROPRIATE REVISIONS TO THE BOUNDARIES OF THE TOWN COUNCIL DISTRICTS SO THAT EACH DISTRICT WILL CONTAIN SUBSTANTIALLY EQUAL CITIZEN POPULATIONS"

Subject:

Amending Resolution 2012-421 by removing Alex Hanson from the Town of Brookhaven's Redistricting Committee and to appoint Leah Jefferson in her place.

Purpose:

To remove Alex Hanson of Medford from the Redistricting Committee and to appoint Leah Jefferson, 353 North Ocean Ave, Patchogue, NY 11772.

History/Misc. Information:

Fiscal Impact:

none

Account Number:

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-421-A1_05-22-

12_amending_Redistricting_Committee_appointments

[1].doc

FINAL RESOLUTION Cover Memo

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RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-421-A1 MOVED BY COUNCILMEMBER: Daniel Panico REVISION SHORT TITLE: AMENDING RESOLUTION 2012-421 ENTITLED “AUTHORIZATION TO CREATE AND APPOINT A REDISTRICTING COMMITTEE TO CONDUCT A STUDY TO PROPOSE TO THE TOWN BOARD OF THE TOWN OF BROOKHAVEN APPROPRIATE REVISIONS TO THE BOUNDARIES OF THE TOWN COUNCIL DISTRICTS SO THAT EACH DISTRICT WILL CONTAIN SUBSTANTIALLY EQUAL CITIZEN POPULATIONS” DEPARTMENT: Town Council REASON: To remove Alex Hanson of Medford from the Redistricting Committee and to appoint Leah Jefferson of Patchogue. PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: NONE

SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

RFQ:gg EXECUTION OF DOCUMENT REQUIRED:

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

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RESOLUTION NO. 2012-421-A1 MEETING OF: May 22, 2012 AMENDING RESOLUTION 2012-421 ENTITLED “AUTHORIZATION TO CREATE AND APPOINT A REDISTRICTING COMMITTEE TO CONDUCT A STUDY TO PROPOSE TO THE TOWN BOARD OF THE TOWN OF BROOKHAVEN APPROPRIATE REVISIONS TO THE BOUNDARIES OF THE TOWN COUNCIL DISTRICTS SO THAT EACH DISTRICT WILL CONTAIN SUBSTANTIALLY EQUAL CITIZEN POPULATIONS”

WHEREAS, the Town Board of the Town of Brookhaven adopted Resolution

2012-421 on May 8, 2012, which created a Redistricting Committee pursuant to Chapter

27-7B.(3.) to conduct a study to propose to the Town Board of the Town of Brookhaven

appropriate revisions to the boundaries of the Town Council District so that each district

will contain substantially equal citizen populations; and

WHEREAS, the Town Board desires to amend the previously adopted Resolution

by removing Alex Hanson of Medford and appointing Leah Jefferson of Patchogue.

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Brookhaven that Alex Hanson, 2 Caroline Street, Medford, NY is hereby removed from the Redistricting Committee; and be it further RESOLVED, that Leah Jefferson, 353 North Ocean Avenue, Patchogue, NY

11772, is hereby appointed, effective immediately, at no cost to the Town to the

Redistricting Committee; and be it further

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RESOLVED, the remainder of Resolution 2012-421 previously adopted May 8,

2012, shall remain unchanged.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-429-A1 Councilmember: Supervisor

Originated By: Jack Krieger, Public Information

Title: AMENDING RESOLUTION 2012-429 ADOPTED APRIL 24, 2012 ENTITLED "AUTHORIZING AN AGREEMENT BETWEEN THE TOWN OF BROOKHAVEN AND JVC BROADCASTING, INC. FOR PRODUCTION OF "VOLUNTEER EMERGENCY SERVICES APPRECIATION DAY" AT THE BROOKHAVEN AMPHITHEATER, TO BE HELD ON MAY 19, 2012"

Subject:

To amend agreement with JVC Broadcasting for the May 19 Volunteer Emergency Services Appreciation concert event at the Brookhaven Amphitheater.

Purpose:

To honor the volunteer emergency services workers whose heroism resulted in the containment of the Manorville and Ridge brushfires on April 9th and April 10th, 2012.

History/Misc. Information:

Original resolution incorrectly authorized only $12,000 of Town funds (sponsorship and in-kind services) appropriated for event, correct amount should be $20,000. JVC Broadcasting will produce and promote the Volunteer Emergency Services Appreciation concert at the Brookhaven Amphitheater on May 19. Performers are subject to approval by the Supervisors office. JVC Broadcasting will be responsible for all talent, production and on-site security costs. JVC Broadcasting will maintain insurance for the show and provide food service and craft service. The Town will be a co-sponsor of the event and provide and pay for in-kind services from Parks and Public Safety personnel as well as Jitney buses and drivers.

Fiscal Impact:

Sponsorship and in-kind services not to exceed $20,000

Account Number: A1220-4505 $5,000 and A1230-4510 $15,000

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-429-A1_05-22-

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12_Amend_2012-

429_JVC_Broadcasting_Firefighter_Event

[1].doc

2012-429-A1 Cover Memo

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RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-429-A1 MOVED BY: SUPERVISOR MARK LESKO REVISION: SHORT TITLE: AMENDING RESOLUTION 2012-429 ADOPTED APRIL 24, 2012

ENTITLED “AUTHORIZING AN AGREEMENT BETWEEN THE TOWN OF BROOKHAVEN AND JVC BROADCASTING, INC. FOR PRODUCTION OF “VOLUNTEER EMERGENCY SERVICES APPRECIATION DAY” AT THE BROOKHAVEN AMPHITHEATER, TO BE HELD ON MAY 19, 2012”

DEPARTMENT: Town Board REASON: Amending amount of Town funds to be made available for the event due to mutual mistake of the parties. PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: Cost to Town not to exceed $20,000.00 (sponsorship and in-kind services) (A1220-4505 and A1230-4510)

JF:gg SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED:

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

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RESOLUTION NO. 2012-429-A1

MEETING: May 22, 2012 AMENDING RESOLUTION 2012-429 ADOPTED APRIL 24, 2012 ENTITLED “AUTHORIZING AN AGREEMENT BETWEEN THE TOWN OF BROOKHAVEN AND JVC BROADCASTING INC. FOR PRODUCTION OF “VOLUNTEER EMERGENCY SERVICES APPRECIATION DAY” AT THE BROOKHAVEN AMPHITHEATER, TO BE HELD ON MAY 19, 2012”

WHEREAS, on April 24, 2012, the Town Board of the Town of Brookhaven

adopted Resolution 2012-429 which authorized the execution of an Agreement between the

Town of Brookhaven and JVC Broadcasting, Inc., with offices at 3075 Veterans Memorial

Highway, Suite 210, Ronkonkoma, NY 11779 for the production and promotion of

“Volunteer Emergency Services Appreciation Day” to be held May 19, 2012 at the

Brookhaven Amphitheater, to honor the volunteer emergency services workers whose

heroism resulted in the containment of the Manorville and Ridge brushfires on April 9th and

April 10th, 2012 with a day of free music and family fun; and

WHEREAS, the amount of Town funds appropriated for this event in

Resolution 2012-429 was $12,000.00, this amount is incorrect, and the Town Board is

desirous of amending the resolution to reflect that the Town has made available an amount

not to exceed $20,000.00 (sponsorship and in-kind services) for “Volunteer Emergency

Services Appreciation Day”; and

WHEREAS, the Town funds shall be offset by the cost to the Town for

personnel being provided for the event, including personnel from the Department of Parks

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and Public Safety as well as Jitney transportation between Town Hall and the Amphitheater

as necessary, and JVC will be responsible for all talent, production and on-site security

costs.

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of

Brookhaven that Resolution 2012-429 is hereby amended and the Town funds available for

“Volunteer Emergency Services Appreciation Day” shall not exceed $20,000.00

(sponsorship and in-kind services); and be it further

RESOLVED, that the Town funds shall be offset by the cost to the Town for

personnel being provided for the event, including personnel from the Department of Parks

and Public Safety as well as Jitney transportation between Town Hall and the Amphitheater

as necessary, and JVC will be responsible for all talent, production and on-site security

costs; and be it further

RESOLVED, that all of the remaining terms and conditions of the Resolution

shall remain the same.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-473 Councilmember: Supervisor

Originated By: Allyson Alvaro, Parks/Rec. and Sports/Cult. Resrcs

Title: 2012 PARKS OPERATING BUDGET AMENDMENT TO CREATE BUDGET LINES FOR SPECIAL RECREATION TRANSPORTATION

Subject:

Authorization to amend budget to include a revenue account for transportation and an expense account to provide payment to drivers.

Purpose:

To provide transportation for Special Recreation participants by the Town's jitney program at a fee so that revenue may be used to provide payment to drivers.

History/Misc. Information:

Busing for Special Recreation participants was provided by an outside vendor in the past. This year the Town's jitney program will be providing transportation, however, additional drivers must be hired.

Fiscal Impact:

$10,000 (Special Recreation Events) & $10,000 (Seasonal Employees)

Account Number: A7250-32014 (Special Recreation Events) & A7250-1815 (Seasonal Employees)

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-473_05-22-

12_Parks_Budget_Amendment

[1].doc

2012-473 Cover Memo

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RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-473 MOVED BY SUPERVISOR MARK LESKO REVISION: May 17, 2012 SHORT TITLE: 2012 PARKS OPERATING BUDGET AMENDMENT TO CREATE

BUDGET LINES FOR SPECIAL RECREATION TRANSPORTATION

DEPARTMENT: Parks, Recreation and Sports and Cultural Resources REASON: 2012 Parks operating budget amendment to establish budget lines related to Special Recreation Transportation. These transportation services were provided by an outside vendor, these services will now be undertaken by the Town of Brookhaven. PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: Budget Neutral + $10,000 A7250-32014 (Special Recreation Transportation); +$10,000 A7250-1815 (Seasonal Employees)

SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: JF:gg

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 41: JVC

RESOLUTION NO. 2012-473 MEETING OF: May 22, 2012

2012 PARKS OPERATING BUDGET AMENDMENT TO CREATE BUDGET LINES FOR SPECIAL RECREATION TRANSPORTATION

WHEREAS, the Town Board is desirous of amending the 2012 Operating

Budget to establish budget lines to segregate funds for Special Recreation

Transportation; and

WHEREAS, historically transportation for Special Recreation programs was

provided by an outside vendor, the Town Board is now desirous of having these

transportation services provided by the Town of Brookhaven Jitney service; and

WHEREAS, the Town Board is desirous of amending the 2012 Operating

Budget to segregate funds and create budget lines for revenue and expenditures related

to Special Recreation Transportation as follows:

Account No. Account Name Increase

A7250.32014 Special Recreation Transportation $10,000 A7250.1815 Seasonal Employees $10,000

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town

of Brookhaven directs that the Commissioner of Finance, in accordance with the Town’s

policy on budget modification, is authorized to amend the 2012 Operating Budget to

create a separate budget lines to segregate funds for Special Recreation Transportation

as set forth below:

Account Number Account Name Increase

A7250.32014 Special Recreation Transportation $10,000 A7250.1815 Seasonal Employees $10,000

Page 42: JVC

Resolution Submission Form

May 22, 2012

Resolution No.: 2012-474 Councilmember: D-1

Originated By: Eileen McCallion, Engineering

Title: AUTHORIZATION TO RELEASE CASH SECURITY GIVEN IN LIEU OF A PERFORMANCE BOND FOR 280-A ROAD IMPROVEMENT - MALL AVENUE AT PORT JEFFERSON STATION

Subject:

Mall Avenue @ Port Jefferson Station, 0200 23100 0200 009000, Log# 2007-003RI

Purpose:

Release of cash security in the amount of eighteen thousand dollars ($18,000.00) Check No. 184678, submitted by Michael Weinreb, 6800 Jericho Turnpike, Suite 207W, Syosset, NY 11791 to guarantee certain public improvements on the road improvement known as Mall Avenue @ Port Jefferson Station. As per Planning, Environment & Land Management all work has been satisfactorily completed.

History/Misc. Information:

Correspondence Attached

Fiscal Impact:

$18,000.00 Cash Bond - No Impact to Town's Budget

Account Number: TMIS 909

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-474_05-22-

12_Mall_Ave.,_PJS_Release_Cash.docResolution 2012-474 Cover Memo

Page 43: JVC

RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-474 MOVED BY COUNCILMEMBER: Steve Fiore-Rosenfeld REVISION SHORT TITLE: AUTHORIZATION TO RELEASE CASH SECURITY GIVEN IN LIEU OF A

PERFORMANCE BOND FOR 280-A ROAD IMPROVEMENT – MALL AVENUE AT PORT JEFFERSON STATION

DEPARTMENT: PLANNING DIVISION REASON: Work has been satisfactorily completed. PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: Release cash in the sum of $18,000.00.

SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: BAR:dlm Present Absent Motion Aye No Abstain Not

Voting Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 44: JVC

RESOLUTION NO. 2012-474

MEETING OF: May 22, 2012 AUTHORIZATION TO RELEASE CASH SECURITY GIVEN IN LIEU OF A PERFORMANCE BOND FOR 280-A ROAD IMPROVEMENT – MALL AVENUE AT PORT JEFFERSON STATION

WHEREAS, on July 20, 2010, the Town Board accepted in lieu of a

performance bond cash security in the amount of $18,000.00 submitted by Michael Weinreb for

certain public improvements on Mall Avenue, Port Jefferson Station; and

WHEREAS, the Commissioner of Planning, Environment and Land

Management recommends the release of said cash security since all work has been satisfactorily

completed,

NOW, THEREFORE, BE IT RESOLVED that the Department of Finance is

hereby authorized to release the $18,000.00 cash security to Michael Weinreb, 6800 Jericho

Turnpike, Suite 207W, Syosset, NY 11791; and be it further

RESOLVED, that Mall Avenue, Port Jefferson Station, be accepted into the

Town’s road maintenance program.

Page 45: JVC

Resolution Submission Form

May 22, 2012

Resolution No.: 2012-475 Councilmember: D-1

Originated By: Geri Manzolillo, Purchasing

Title: AUTHORIZING RENEWAL OF CONTRACT WITH JOHN WILLIS CO. INC., FOR THE PROJECT "SEWAGE DISPOSAL" - CONTRACT #20100062

Subject:

Renew Contract #20100062 - Sewage Disposal

Purpose:

Renew Contract #20100062 - Sewage Disposal for an additional one year period with John Willis Co., Inc.

History/Misc. Information:

Fiscal Impact:

$40,000.00/approximate annual expendiutre

Account Number: A1620-4822, $30,000.00/A7110-4822, $10,000.00

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-475_5-22-

12_Renewal_of_Contract_for_Sewage_Disposal.doc2012-475 final resolution Cover Memo

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RESOLUTION SUBMISSION MEETING OF: MAY 22, 2012 RESOLUTION NO. 2012-475 MOVED BY COUNCILMEMBER: STEVE FIORE-ROSENFELD REVISION SHORT TITLE: AUTHORIZING RENEWAL OF CONTRACT WITH JOHN WILLIS CO. INC., FOR THE PROJECT “SEWAGE DISPOSAL”– CONTRACT #20100062

DEPARTMENT: Purchasing REASON: Renewal of Contract #20100062– Sewage Disposal. PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: $30,000.00 A1620-4822; $10,000.00 A7110-4822 SEQRA REQUIRED: no

DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: JF:gg

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 47: JVC

RESOLUTION NO. 2012-475

MEETING OF: May 22, 2012

AUTHORIZING RENEWAL OF CONTRACT WITH JOHN WILLIS CO. INC., FOR THE PROJECT “SEWAGE DISPOSAL”– CONTRACT #20100062

WHEREAS, the Town Board authorized the award of Contract No.

#20100062 – Sewage Disposal to John Willis Co., Inc. 275 Orchard Road, East

Patchogue, NY 11772, at the June 15, 2010 Town Board Meeting for Contract

#20100062 – “Sewage Disposal”, and said contract is due to expire on June 30, 2012;

and

WHEREAS, this contract contains an option to renew for an additional one

(1) year period; and

WHEREAS, the Parks Department has recommended that the Town

exercise this option to renew for an additional one (1) year period commencing on July

1, 2012; and

WHEREAS, by letter dated April 18, 2012, attached, the contract holder,

John Willis Co., Inc., has agreed to this extension.

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town

of Brookhaven that Contract No. 20100062 – “Sewage Disposal” be extended for an

additional one (1) year period commencing on July 1, 2012, at the approximate annual

expenditure of $60,000, subject to available funding and receipt of updated insurance

requirements; and be it further

Page 48: JVC

RESOLVED, that the terms and conditions of Contract No. 20100062 –

“Sewage Disposal” contract shall remain in full force and effect during the renewal

period; and be it further

RESOLVED, that the Department of Finance is authorized to disburse the

necessary funds for the implementation of the contract extension.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-476 Councilmember: D-1

Originated By: Eileen McCallion, Engineering

Title: AUTHORIZATION TO RELEASE PERFORMANCE BOND FOR LAND DIVISION - MALL AVENUE, PORT JEFFERSON STATION

Subject:

Mall Avenue @ Port Jefferson Station, 0200 25800 0100 001000, Log# 2005-029 LD

Purpose:

Release Performance Bond No. K07046315 in the amount of twenty-five thousand dollars ($25,000.00) issued by Westchester Fire Insurance Company, 140 Broad Street, 41st Floor, New York, NY 10005 on behalf of Homes By The Timbers,475 Sunrise Highway, West Babylon, NY 11704 to guarantee certain public improvements on the land division known as Mall Avenue @ Port Jefferson Station.

History/Misc. Information:

Correspondence Attached

Fiscal Impact:

$25,000.00 Performance Bond

Account Number: No Impact to Town's Budget

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-476_05-22-

12_Mall_Ave.,_PJS_Land_Division,_release_bond.docResolution 2012-476 Cover Memo

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RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-476 MOVED BY COUNCILMEMBER: Steve Fiore-Rosenfeld REVISION SHORT TITLE: AUTHORIZATION TO RELEASE PERFORMANCE BOND FOR LAND DIVISION – MALL AVENUE, PORT JEFFERSON STATION DEPARTMENT: PLANNING DIVISION REASON: Work has been completed. PUBLIC HEARING REQUIRED: No. DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: Release of Westchester Fire Insurance Company Bond No. K07046315 in the amount of $25,000.00.

SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: BAR:dlm Present Absent Motion Aye No Abstain Not

Voting Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 51: JVC

RESOLUTION NO. 2012-476 MEETING OF: May 22, 2012

AUTHORIZATION TO RELEASE PERFORMANCE BOND FOR LAND DIVISION – MALL AVENUE, PORT JEFFERSON STATION

WHEREAS, on June 6, 2006, the Town Board accepted Surety Bond No.

K07046315 issued by Westchester Fire Insurance Company of 140 Broad Street, 41st Floor,

New York, NY 10005 in the amount of Twenty-Five Thousand Dollars ($25,000.00) with

Homes By The Timbers, Inc. of 475 Sunrise Highway, West Babylon, NY 11704, as Principal

and the Town of Brookhaven as Obligee, for certain improvements on Land Division known

as Mall Avenue at Port Jefferson Station; and

WHEREAS, the Commissioner of Planning, Environment and Land

Management of the Town of Brookhaven has recommended the release of the Surety Bond

since all work has been completed,

NOW, THEREFORE, BE IT RESOLVED that Surety Bond No. K07046315

issued by Westchester Fire Insurance Company is hereby released; and be it further

RESOLVED, that Mall Avenue at Port Jefferson Station, be accepted into

the Town's road maintenance program.

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Resolution Submission Form May 22, 2012

Resolution No.: 2012-477 Councilmember: D-1

Originated By: Gina Guccione, Law

Title: AUTHORIZATION TO ENDORSE INSURANCE SETTLEMENT CHECK FROM FIDELITY NATIONAL PROPERTY AND CASUALTY INS. CO. FOR STORM DAMAGE AT STONY BROOK YACHT CLUB

Subject:

Purpose:

To authorize the endorsement of the settlement check for the Stony Brook Yacht Club's insurance claim from Fidelity National Property and Casulaty Ins. Co. in the amount of $41,390.22 for Hurricane Irene Storm Damage on August 28, 2011.

History/Misc. Information:

Fiscal Impact:

None

Account Number:

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-477_05-22-

12_SB_Yacht_Club_endorse_check

[1].doc

2012-477 Cover Memo

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RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-477 MOVED BY COUNCILMEMBER: Steve Fiore-Rosenfeld REVISION: SHORT TITLE: AUTHORIZATION TO ENDORSE INSURANCE SETTLEMENT CHECK FROM FIDELITY NATIONAL PROPERTY AND CASUALTY INS. CO. FOR STORM DAMAGE AT STONY BROOK YACHT CLUB DEPARTMENT: Department of Law REASON: To authorize the endorsement of the settlement check for the Stony Brook Yacht Club’s insurance claim from Fidelity National Property and Casualty Ins. Co. in the amount of $41,390.22 for Hurricane Irene storm damage on August 28, 2011. PUBLIC HEARING REQUIRED: DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: none

SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: KRJ

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 54: JVC

2

RESOLUTION NO. 2012-477 MEETING OF: May 22, 2012

AUTHORIZATION TO ENDORSE INSURANCE SETTLEMENT CHECK FROM FIDELITY NATIONAL PROPERTY AND CASUALTY INS. CO. FOR STORM DAMAGE AT STONY BROOK YACHT CLUB

WHEREAS, Stony Brook Yacht Club, located at Shore Road, Stony Brook, is a

tenant of the Town of Brookhaven under a lease, dated March 1, 2004; and

WHEREAS, pursuant to said lease, Stony Brook Yacht Club is responsible for

repair and upkeep of the bulkheads, marina docks, and other improvements located at

the Yacht Club premises; and

WHEREAS, the Yacht Club incurred significant damage to the marina during the

storm which struck Long Island on August 28, 2011; and

WHEREAS, Stony Brook Yacht Club’s insurance adjuster, Fidelity National

Property and Casualty Ins. Co. investigated the damage and claim, and has tendered

the Yacht Club a settlement check in the sum of $41,390.22 which settlement check has

been made payable to the Yacht Club, the Town of Brookhaven, and Capital One, the

Yacht Club’s lender; and

WHEREAS, the Town Board of the Town of Brookhaven wishes to authorize the

Supervisor, Deputy Supervisor to endorse the settlement check in the sum of

$41,390.22 over to the Yacht Club, for the Yacht Club to deposit it in order to use it for

necessary repairs;

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of

Brookhaven that the Supervisor or Deputy Supervisor is authorized to endorse

Page 55: JVC

3

over to the Stony Brook Yacht Club the settlement check issued by Fidelity

National Property and Casualty Ins, Co. in the amount of $41,390.22, to make

the necessary repairs for the storm damage incurred at the marina on August 28,

2011.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-478 Councilmember: D-3

Originated By: Kathleen Walsh, Town Council District 3

Title: AUTHORIZING SUPERVISOR/DEPUTY SUPERVISOR'S SIGNATURE ON NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES - BYRNE JUSTICE ASSISTANCE

Subject:

AUTHORIZING THE TOWN OF BROOKHAVEN TO ACCEPT A $50,000 GRANT FROM NYSDCJS ON BEHALF OF MIDDLE COUNTRY CENTRAL SCHOOL DISTRICT TO SUPPORT THEIR ALTERNATIVE LEARNING CENTER. STATE CONTRACT # T637096

Purpose:

FOR THE TOWN OF BROOKHAVEN TO ACT AS THE PRIMARY GRANTEE WITH A FULL SUB-AWARD GOING TO THE MIDDLE COUNTRY CENTRAL SCHOOL DISTRICT.

History/Misc. Information:

PER JOE LOSTRITTO OF NYS DIVISION OF CRIMINAL JUSTICE SERVICES, THIS HAS BEEN DONE BEFORE; CONTRACT #T926430 - $18,000 TO LONGWOOD SCHOOL DISTRICT. CONTRACT #C821734 - $33,000 TO PATCHOGUE/MEDFORD SCHOOL DISTRICT. CONTR# C831832 - $60,000 TO SOUTH COUNTRY CENTRAL SCHOOL DISTRICT.

Fiscal Impact:

Expenditures will be paid for by School District, and Town will request reimbursement on their behalf before passing through monies.

Account Number:

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-478_5-22-

12_NYS_Division_of_Criminal_Justice_Services_-

_Byrne_Justice_Assistance.doc

Resolution Cover Memo

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RESOLUTION SUBMISSION

MEETING OF: MAY 22, 2012 RESOLUTION NO. 2012-478

MOVED BY COUNCILMEMBER: KATHLEEN A. WALSH

REVISION:

SHORT TITLE: AUTHORIZING SUPERVISOR/DEPUTY SUPERVISOR’S SIGNATURE ON NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES – BYRNE JUSTICE ASSISTANCE

DEPARTMENT: Council District 3

REASON: The Town of Brookhaven acts as the primary grantee with a full sub-award going to the Middle Country Central School District.

PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: Expenditures will be paid for by the School District, and the Town will request reimbursement on their behalf before passing through monies.

MEP:jb SEQRA REQUIRED: DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED:

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 59: JVC

RESOLUTION NO. 2012-478

MEETING OF: MAY 22, 2012

AUTHORIZING SUPERVISOR/ DEPUTY SUPERVISOR’S SIGNATURE ON NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES – BYRNE JUSTICE ASSISTANCE

WHEREAS, monies are available through the New York State Division of

Criminal Justice Services (NYSDCJS) for Byrne Justice Assistance Grant No.

T637096; and

WHEREAS, the Middle Country Central School District, through the Town

of Brookhaven, has secured a Grant for Fifty Thousand ($50,000.00) Dollars for

a program to reduce violence in school age children by providing funds for an

Alternative Learning Center in the Middle Country Central School District; and

WHEREAS, the Middle Country Central School District will handle any and

all administrative responsibilities associated with the Byrne Justice Assistance

Grant as the sub-awardee, causing no fiscal impact on the Town of Brookhaven;

and

WHEREAS, the Town Board of the Town of Brookhaven is desirous of

obtaining the available Grant money from the NYSDCJS to facilitate the award

to the Middle Country Central School District Alternative Learning Center.

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town

of Brookhaven that the Supervisor/Deputy Supervisor of the Town of Brookhaven

is authorized to execute the Grant Agreement with a full sub-award to the Middle

Country Central School District; and be it further

Page 60: JVC

RESOLVED, that the Commissioner of Finance is authorized to accept the

grant funds for transfer to the Middle Country Central School District for the

Alternative Learning Center as provided by the grant; and be it further

RESOLVED, that this Resolution shall take effect immediately.

Page 61: JVC

Resolution Submission Form

May 22, 2012

Resolution No.: 2012-479 Councilmember: D-4

Originated By: Ryan Attard, Senior Citizen

Title: AUTHORIZING ACCEPTANCE OF TWO COMMERCIAL REFRIGERATORS AND ONE COMMERCIAL FREEZER FROM THE SUFFOLK COUNTY OFFICE OF THE AGING

Subject:

Accepting donation of two commercial refrigerators and one commercial freezer from the Suffolk County Office of the Aging

Purpose:

We need extra storage for the Suffolk County grant funded Nutrition Program that feeds Seniors in the Town of Brookhaven

History/Misc. Information:

After taking on more clients to the Suffolk County Grant funded Nutrition Program they donated the two commercial refrigerators and one commercial freezer in order to store the extra meals.

Fiscal Impact:

None grant funded program

Account Number:

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-479_5-22-

12_Accepting_Donation_of_Refrigerator_and_Freezer_from_Suffolk_County_Office_of_Aging.docResolution

Cover

Memo

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RESOLUTION SUBMISSION MEETING OF: MAY 22, 2012 RESOLUTION NO. 2012-479 MOVED BY COUNCILMEMBER: CONSTANCE M. KEPERT REVISION: SHORT TITLE: AUTHORIZING ACCEPTANCE OF TWO COMMERCIAL REFRIGERATORS

AND ONE COMMERCIAL FREEZER FROM THE SUFFOLK COUNTY OFFICE OF THE AGING

DEPARTMENT: Housing & Human Services Senior Citizen Division REASON: To accept a donation of two commercial refrigerators and one commercial freezer from the Suffolk County Office of the Aging. PUBLIC HEARING REQUIRED: No ---------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: None ---------------------------------------------------------------------------------------------------------------------- SEQRA REQUIRED: No DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED: ----------------------------------------------------------------------------------------------------------------------- EXECUTION OF DOCUMENT REQUIRED: MEP:jb

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 63: JVC

RESOLUTION NO. 2012-479 MEETING OF: MAY 22, 2012

AUTHORIZING ACCEPTANCE OF TWO COMMERCIAL REFRIGERATORS AND ONE COMMERCIAL FREEZER FROM THE SUFFOLK COUNTY OFFICE OF THE AGING

WHEREAS, pursuant to Town Law Section 64, the Town Board is authorized to

accept donations; and

WHEREAS, the Town of Brookhaven needs extra storage for the Suffolk

County grant funded Nutrition Program meals and perishable supplies to feed Seniors in the

Town; and

WHEREAS, the Town Board of the Town of Brookhaven is desirous of

accepting two commercial refrigerators and one commercial freezer from the Suffolk County

Office of the Aging.

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of

Brookhaven, that pursuant to Town Law Section 64, the Town Board of the Town of Brookhaven

hereby accepts the donation of two commercial refrigerators and one commercial freezer from the

Suffolk County Office of the Aging.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-480 Councilmember: D-4

Originated By: Erica Dewar, Finance

Title: 2012 OPERATING BUDGET AMENDMENT TO REFLECT CHANGES IN EXISTING GRANT AWARD THROUGH SUFFOLK COUNTY FOR THE OPERATION OF THE TITLE III "C" NUTRITION PROGRAM FOR THE ELDERLY

Subject:

Authorizing the Commissionor of Finance to amend the 2012 Operating Budget to reflect changes in an existing grant award through Suffolk County for the operating of the Title III "C" Nutrition Program for the Elderly at the North Shore Nutrition Program and the Bay Area Nutrition Program.

Purpose:

Authorizing the Commissionor of Finance to amend the 2012 Operating Budget to reflect changes in an existing grant award through Suffolk County for the operating of the Title III "C" Nutrition Program for the Elderly at the North Shore Nutrition Program and the Bay Area Nutrition Program.

History/Misc. Information:

This program services the senior and disabled residents of the Town and has been in existance for many years. Two locations have been added, Bellport and Coram, resulting in an increase in expenditures and revenue to be received. It is necessary for the 2012 operating budget to be amended to reflect these changes. Under the revised grant requirements, the Town of Brookhaven is required to incur the total cost of the project in the amount of $685,610, and thereafter seek reimbursement under the grant award for the expenditures in the amount of $685,610, thereby resulting in a $0 net cost to the Town.

Fiscal Impact:

Increase in Appropriations + $504,385.20; Increase to Revenue + $504,385.20

Account Number: See Attached Schedule

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-480_5-22- Cover

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12_Ameding_2012_Operating_Budget_Title_III_C_Nutrition_Program_for_Elderly.doc Resolution Memo

Budget_Amendment_Schedule_A.pdf Budget Amendment Schedule ACover

Memo

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RESOLUTION SUBMISSION

MEETING OF: MAY 22, 2012 RESOLUTION NO. 2012-480

MOVED BY COUNCILMEMBER: CONSTANCE KEPERT

REVISION:

SHORT TITLE: 2012 OPERATING BUDGET AMENDMENT TO REFLECT CHANGES IN EXISTING GRANT AWARD THROUGH SUFFOLK COUNTY FOR THE OPERATION OF THE TITLE III “C” NUTRITION PROGRAM FOR THE ELDERLY DEPARTMENT: Finance REASON: To amend the Operating Budget to reflect changes in an existing grant award through Suffolk County for the operation of the Title III “C” Nutrition Program for the Elderly at the North Shore Nutrition Program and the Bay Area Nutrition Program.

PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: Increase in Appropriations + $504,385.20; Increase to Revenue + $504,385.20 Account Nos. see attached schedule

MEP:jb SEQRA REQUIRED: DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED:

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 67: JVC

RESOLUTION NO. 2012-480 MEETING OF: MAY 22, 2012

2012 OPERATING BUDGET AMENDMENT TO REFLECT CHANGES IN EXISTING GRANT AWARD THROUGH SUFFOLK COUNTY FOR THE OPERATION OF THE TITLE III “C” NUTRITION PROGRAM FOR THE ELDERLY

WHEREAS, the Title III “C” Nutrition Programs for the Elderly at the

North Shore Nutrition Program and the Bay Area Nutrition Program have

been in existence for many years servicing the senior and disabled residents

of the Town of Brookhaven; and

WHEREAS, two locations have been added, Bellport and Coram,

resulting in an increase in expenditures and revenue to be received; and

WHEREAS, the increase in revenue is directly related to the increase

in grant funding provided by Suffolk County, and the Town of Brookhaven is

required to incur expenditures equal to the awarded funding; and

WHEREAS, the Town is desirous of amending the 2012 operating

budget to reflect these changes.

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the

Town of Brookhaven that the Commissioner of Finance, in accordance with

the Town’s policy on budget modifications, is authorized to amend the 2012

Operating Budget as set forth below:

Page 68: JVC

Increase in Appropriations + $ 504,385.20

Increase to Revenues + $504,385.20

as detailed in Schedule A annexed hereto; and be it further

RESOLVED, that the Commissioner of Finance is hereby authorized,

empowered and directed to take all actions necessary and appropriate to

effectuate the terms of this Resolution.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-481 Councilmember: D-4

Originated By: Liz Krolik-Alexander, Town Council District 4

Title: AUTHORIZATION FOR EXPENDITURE OF FUNDS FOR APPRAISAL TO ACQUIRE FULL TITLE OF DAVID OVERTON ROAD, CORAM

Subject:

Authorization to acquire the full title of David Overton Road

Purpose:

In 2011 the Town of Brookhaven was awarded a $140,000 grant from SAFETEA-LU for a non-motorized path along the David Overton Road. There are portions of the road that the Town does not own and in order to move froward with the grant the Town needs full title of the road.

History/Misc. Information:

Fiscal Impact:

$1,340.00 for Title Certification & Municipal searches expense

Account Number: A1420-4699

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-481_05-22-

12_Acquire_David_Overton_Road.docResolution 2012-481 Cover Memo

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RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-481 MOVED BY COUNCILMEMBER: Constance Kepert REVISION SHORT TITLE: AUTHORIZATION FOR EXPENDITURE OF FUNDS FOR APPRAISAL TO ACQUIRE FULL TITLE OF DAVID OVERTON ROAD, CORAM DEPARTMENT: Town Council REASON: In 2011 the Town of Brookhaven was awarded a $140,000 grant from SAFETEA-LU for a non-motorized path along the David Overton Road. There are portions of the road that the Town does not own, and in order to move forward with the grant, the Town needs full title of the road. PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: Not to exceed $5,000.00 (H 1420 3080 2012)

SEQRA REQUIRED: Yes DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: No AE:dlm

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 72: JVC

RESOLUTION NO. 2012-481 MEETING OF May 22, 2012

AUTHORIZATION FOR EXPENDITURE OF FUNDS FOR APPRAISAL TO ACQUIRE FULL TITLE OF DAVID OVERTON ROAD, CORAM

WHEREAS, in 2011 the Town of Brookhaven was awarded a $140,000.00

grant from SAFETEA-LU for a non-motorized path along the David Overton Road in

Coram, and

WHEREAS, there are portions of the road that the Town does not own

further identified as part of SCTM Nos. 0200-495.00-05.00-003.002, 0200-495.00-05.00-

004.000, 0200-495.00-05.00-007.002, 0200-543.00-01.00-013.007 and 0200-524.00-

02.00-001.000; and

WHEREAS, in order to complete the grant requirements, the Town of

Brookhaven needs full title of the road; and

WHEREAS, in order to possibly acquire said parcels, it is necessary that an

appraisal of the value of the property be made;

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of

Brookhaven as follows:

That the Town Attorney is hereby authorized and directed to retain an

appraiser for the purpose of making an appraisal of the real property herein.

That the cost of the above services shall be paid from appropriation account

No. H 1420 3080 2012.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-482 Councilmember: D-4

Originated By: Sue Sullivan, Finance

Title: RESOLUTION OF THE TOWN OF BROOKHAVEN, NEW YORK, ADOPTED ON MAY 22, 2012, AMENDING THE BOND RESOLUTION HERETOFORE ADOPTED ON JANUARY 19, 2012 FOR THE INSTALLATION OF PAVEMENT MARKINGS ON TOWN ROADS

Subject:

Amending Bond Resolution - Traffic Safety - Pavement Markings

Purpose:

To amend a bond resolution for Pavement Markings to the full amoutn of the adopted 2012 capital budget.

History/Misc. Information:

The 2012 adopted capital budget includes a project for Pavement markings in the amount of $350,000. A bond resolution was adopted on 1/19/2012 for this project in the amount of $150,000. It has been determined that the entire 2012 budget will be needed for this project. This resolution amends the original bond resolution to the full amount of the 2012 capital budget. This amendment has been approved by Matt Miner.

Fiscal Impact:

+$200,000. The additional estimated annual principal & interest, assuming a 4% interest rate is $56,150

Account Number: N/Applicable

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-482_05-22-

12_Amend_Bond_Reso_pavement_markings.doc2012-482 Cover Memo

SR_#_118-12.pdf SR 118 Cover Memo

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RESOLUTION SUBMISSION

MEETING OF: May 22, 2012 RESOLUTION NO. 2012-482 MOVED BY COUNCILMEMBER: Constance Kepert REVISION: May 24, 2012 SHORT TITLE: RESOLUTION OF THE TOWN OF BROOKHAVEN, NEW YORK, ADOPTED ON MAY 22, 2012, AMENDING THE BOND RESOLUTION HERETOFORE ADOPTED ON JANUARY 19, 2012 FOR THE INSTALLATION OF PAVEMENT MARKINGS ON TOWN ROADS

DEPARTMENT: Finance

REASON: To amend a bond resolution for Pavement Markings to the full amount of the adopted 2012 capital budget. PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: +$200,000. The additional estimated annual principal & interest, assuming a 4% interest rate is $56,150.

SEQRA REQUIRED: The Town Board, as Lead Agency, has determined that the above described project is deemed to be a Type II action, pursuant to the recommendation of the Division of Environmental Protection. DETERMINATION MADE: POSITIVE NEGATIVE

FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED:

Present Absent Motion Aye No

Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 75: JVC

EXTRACT OF MINUTES

Meeting of the Town Board of the

Town of Brookhaven, in the

County of Suffolk, New York

May 22, 2012

* * *

A regular meeting of the Town Board of the Town of Brookhaven, in the County

of Suffolk, New York, was held at the Town Hall, One Independence Hill, Farmingville, New

York, on May 22, 2012.

There were present: Mark Lesko, Supervisor; and

Councilpersons:

There were absent:

Also present: Patricia A. Eddington, Town Clerk

* * *

_______________________ offered the following resolution and moved its

adoption:

Page 76: JVC

RESOLUTION OF THE TOWN OF BROOKHAVEN, NEW

YORK, ADOPTED ON MAY 22, 2012, AMENDING THE

BOND RESOLUTION HERETOFORE ADOPTED ON

JANUARY 19, 2012 FOR THE INSTALLATION OF

PAVEMENT MARKINGS ON TOWN ROADS

Recitals

WHEREAS, the Town Board of the Town of Brookhaven, in the County of

Suffolk, New York, has heretofore duly authorized the installation of pavement markings on

Town roads, at the estimated maximum cost of $150,000, which amount was appropriated for

such purpose pursuant to the bond resolution adopted by said Town Board on January 19, 2012;

and

WHEREAS, it has now been determined that the estimated cost of such project

shall be $350,000, and it is in the public interest to increase the appropriation therefor by

$200,000;

Now, therefore, be it

RESOLVED BY THE TOWN BOARD OF THE TOWN OF BROOKHAVEN,

IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-

thirds of all members of said Town Board) AS FOLLOWS:

Section (A) The bond resolution of the Town of Brookhaven duly adopted by the

Town Board on January 19, 2012:

“Bond Resolution of the Town of Brookhaven, New York, adopted January 19, 2012, authorizing the installation of pavement markings on Town roads, stating the estimated maximum cost thereof is $150,000, appropriating said amount for such purpose,

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and authorizing the issuance of $150,000 bonds of said Town to finance said appropriation,”

is hereby amended to read as follows:

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BOND RESOLUTION OF THE TOWN OF BROOKHAVEN,

NEW YORK, ADOPTED JANUARY 19, 2012 AND AMENDED

MAY 22, 2012, AUTHORIZING THE INSTALLATION OF

PAVEMENT MARKINGS ON TOWN ROADS, STATING THE

ESTIMATED MAXIMUM COST THEREOF IS $350,000,

APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE,

AND AUTHORIZING THE ISSUANCE OF $350,000 BONDS

OF SAID TOWN TO FINANCE SAID APPROPRIATION

THE TOWN BOARD OF THE TOWN OF BROOKHAVEN, IN THE COUNTY

OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than

two-thirds of all the members of said Town Board) AS FOLLOWS:

Section 1. The Town of Brookhaven, in the County of Suffolk, New York (herein

called the “Town”), is hereby authorized to install pavement markings on Town roads. The

estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the

financing thereof, is $350,000 and said amount is hereby appropriated for such purpose. The

plan of financing includes the issuance of $350,000 bonds of the Town to finance said

appropriation, and the levy and collection of taxes on all the taxable real property in the Town to

pay the principal of said bonds and the interest thereon as the same shall become due and

payable.

Section 2. Serial bonds of the Town in the principal amount of $350,000 are

hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting

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Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to

finance said appropriation.

Section 3. The following additional matters are hereby determined and stated:

(a) The period of probable usefulness of the object or purpose for which said

$350,000 bonds are authorized to be issued, within the limitations of Section 11.00 a. 35 of the

Law, is five (5) years.

(b) The proceeds of the bonds herein authorized and any bond anticipation notes

issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made

after the effective date of this resolution. The foregoing statement of intent with respect to

reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United

States Treasury Department.

(c) The proposed maturity of the serial bonds authorized by this resolution will

not exceed five (5) years.

Section 4. Each of the bonds authorized by this resolution and any bond

anticipation notes issued in anticipation of said bonds shall contain the recital of validity

prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said

bonds shall be general obligations of the Town, payable as to both principal and interest by a

general tax upon all the taxable real property within the Town. The faith and credit of the Town

are hereby irrevocably pledged to the punctual payment of the principal of and interest on said

bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made

annually in the budget of the Town by appropriation for (a) the amortization and redemption of

the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment

of interest to be due and payable in such year.

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Section 5. Subject to the provisions of this resolution and of the Law and

pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds

with substantially level or declining annual debt service, Section 30.00 relative to the

authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to

60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing

bond anticipation notes and prescribing the terms, form and contents and as to the sale and

issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and

relative to executing contracts for credit enhancements and providing for substantially level or

declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of

the Town.

Section 6. The validity of the bonds authorized by this resolution, and of any

notes issued in anticipation of said bonds, may be contested only if:

(a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or

(b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and

an action, suit or proceeding contesting such validity is commenced within twenty days after the

date of such publication, or

(c) such obligations are authorized in violation of the provisions of the constitution.

Section 7. This bond resolution shall take effect immediately, and the Town

Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, together

with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in

“ ,” and “ ,” two

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newspapers having general circulation in said Town and hereby designated as the official

newspapers of said Town for such publication.

Section (B) The amendment of the bond resolution set forth in Section (A) of this

resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or

action taken pursuant to said bond resolution, and all such liabilities incurred, obligations issued,

or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond

resolution, as so amended.

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The adoption of the foregoing Resolution was duly put to a vote on roll call,

which resulted as follows:

Supervisor Lesko voting______________

Councilperson Bonner voting______________

Councilperson Fiore-Rosenfeld voting______________

Councilperson Kepert voting______________

Councilperson Mazzei voting______________

Councilperson Panico voting______________

Councilperson Walsh voting______________

The Resolution was declared adopted.

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CERTIFICATE

I, PATRICIA A. EDDINGTON, Town Clerk of the Town of Brookhaven, in the

County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract

from the minutes of a meeting of the Town Board of said Town of Brookhaven duly called and

held on May 22, 2012, has been compared by me with the original minutes as officially recorded

in my office in the Minute Book of said Town Board and is a true, complete and correct copy

thereof and of the whole of said original minutes so far as the same relate to the subject matters

referred to in said extract.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the

corporate seal of said Town of Brookhaven on this

22nd day of May, 2012.

(SEAL) Patricia A. Eddington, Town Clerk

Town of Brookhaven

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NOTICE

The resolution, a summary of which is published herewith, has been adopted on the 19th day of January, 2012 and amended on the 22nd day of May, 2012. The validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Brookhaven, in the County of Suffolk, New York is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions of the Constitution.

BY ORDER OF THE TOWN BOARD OF THE TOWN OF BROOKHAVEN

Dated: May 22, 2012 Brookhaven, New York

Patricia A. Eddington Town Clerk

BOND RESOLUTION OF THE TOWN OF BROOKHAVEN, NEW YORK, ADOPTED JANUARY 19, 2012 AND AMENDED MAY 22, 2012, AUTHORIZING THE INSTALLATION OF PAVEMENT MARKINGS ON TOWN ROADS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $350,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $350,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION

The object or purpose for which the bonds are authorized is the installation of pavement markings on Town roads, at the estimated maximum cost of $350,000.

The amount of obligations to be issued is $350,000.

The period of probable usefulness is five (5) years.

A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, One Independence Hill, Farmingville, New York.

The amending bond resolution was adopted on May 22, 2012.

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ESTOPPEL CERTIFICATE

I, PATRICIA A. EDDINGTON, Town Clerk of the Town of Brookhaven, in the County of Suffolk, New York (the “Town”), HEREBY CERTIFY as follows:

That a resolution of the Town Board of said Town entitled:

“BOND RESOLUTION OF THE TOWN OF BROOKHAVEN, NEW YORK, ADOPTED JANUARY 19, 2012 AND AMENDED MAY 22, 2012, AUTHORIZING THE INSTALLATION OF PAVEMENT MARKINGS ON TOWN ROADS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $350,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $350,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION,”

was adopted on May 22, 2012, and such resolution contained an estoppel clause as permitted by Section 80.00 of the Local Finance Law and a notice setting forth substantially the statements referred to in Section 81.00 of the Local Finance Law, together with a summary of such resolution, was duly published as referred to in said Section 81.00 of the Local Finance Law; and

That to the best of my knowledge, no action, suit or proceeding contesting the validity of the obligations authorized by such resolution was commenced within twenty days from the date of publication of such notice.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this ____ day of , 2012.

Patricia A. Eddington Town Clerk

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Date:

To:

From:

Re:

Town of BrookhavenLong Island

May 16, 2012

Gina Guccione, Sr. Legal Stenographer

Jeffrey Kassner, Environmental Protection Di

SEQRA Review — To Amend the Bond Resolution Heretofore Adopted onJanuary 19, 2012 for the Installation of Pavement markings on TownRoadsSR# 118-12

We have reviewed the above-referenced action and have determined that pursuantto 6NYCRR Part 617.5(c) 20 and 27 of the SEQRA regulations, the proposed action isdeemed to be a Type II Action.

Please include the following language in the resolution of adoption:

The Town Board, as Lead Agency, has determined that pursuant to 6NYCRR Part6 17.5(c) 20 and 27 the proposed action is deemed to be a Type II Action.

JKILO

cc: Kern Berberich, Town Clerk’s Office

Department of Planning, Environment and Land ManagementOne Independence Full • Farmingville • NY 11738 • Phone (631) 451-6400 • Fax (631) 451-6419

www.brookhaven.orgPrinted on recycled paper

Mark Lesko, Supervisor

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-483 Councilmember: D-6

Originated By: Chris Mehrman, Buildings and Fire Prevention

Title: AUTHORIZE ATTENDANCE FOR 3 FIRE MARSHALS AT THE ANNUAL LI/NYC EMERGENCY MANAGEMENT CONFERENCE 2012 ON MAY 30 AND MAY 31, 2012 AT THE LONG ISLAND MARRIOTT IN UNIONDALE, NY

Subject:

Attendance - LI / NYC Emergency Management Conference 2012.

Purpose:

Approval for Chief Fire Marshal John Dembek, Senior Fire Marshal Christopher Mehrman and Senior Fire Marshal Walter Dunn to attend the Annual LI / NYC Emergency Management Conference 2012 on May 30 and May 31 at the Long Island Marriott in Uniondale, NY. The purpose of the conference is to enhance the knowledge base in principals of emergency management, to better prepare for and respond to incidents within the and affecting residents, facilities and the infrastructure of and within the Town of Brookhaven.

History/Misc. Information:

Fire Marshal with the Division of Fire Prevention plays a significant role in town-wide emergency management, including planning for, responding and mitigation of incident throughout the Town. Additional Fire Marshals, staff both the Town and County Emergency Operations Centers.

Fiscal Impact:

$600.00 ($200.00 per attendee), Use of Town vehicles

Account Number: B3620-4580

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-483_5-22-

12_Authorize_attendance_at_LI-

NYC_Emergency.doc

2012-483 Cover Memo

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RESOLUTION SUBMISSION

MEETING OF: May 22, 2012 RESOLUTION NO. 2012-483

MOVED BY COUNCILMEMBER: Daniel Panico

REVISION:

SHORT TITLE: AUTHORIZE ATTENDANCE FOR 3 FIRE MARSHALS AT THE ANNUAL LI/NYC EMERGENCY MANAGEMENT CONFERENCE 2012 ON MAY 30 AND MAY 31, 2012 AT THE LONG ISLAND MARRIOTT IN UNIONDALE, NY

DEPARTMENT: Buildings and Fire Prevention

REASON: To authorize the attendance for 3 Fire Marshals to the LI/NYC Emergency Management Conference 2012 on May 30 and May 31, 2012

PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: $200.00 per attendee for a total of $600.00 and the use of town vehicles - Account: B3620-4580

DJM:fjb SEQRA REQUIRED: DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED:

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

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RESOLUTION NO. 2012-483 MEETING: May 22, 2012

AUTHORIZE ATTENDANCE FOR 3 FIRE MARSHALS AT THE ANNUAL LI/NYC EMERGENCY MANAGEMENT CONFERENCE 2012 ON MAY 30 AND MAY 31, 2012 AT THE LONG ISLAND MARRIOTT IN UNIONDALE, NY

WHEREAS, the Senior Fire Marshal Christopher Mehrman of the

Department of Building and Fire Prevention requests permission for three (3)

Fire Marshals, to attend the LI/NYC Emergency Management Conference 2012

on May 30, 2012 and May 31, 2012 at the Long Island Marriott in Uniondale, NY;

and

WHEREAS, the purpose of this conference is to enhance the knowledge

base in principles of emergency management to better prepare for and respond

to incidents affecting residents, facilities and the infrastructure of and within the

Town of Brookhaven; and

WHEREAS, attendance at this conference by the Fire Marshal with the

Division of Fire Prevention who plays a significant role in town-wide emergency

management, including planning for, responding and mitigation of incidents

throughout the Town and by additional Fire Marshals staff for both the Town and

County Emergency Operations Centers is most important and necessary; and

WHEREAS, the registration cost is $200.00 per person for a total of

$600.00 and the use of Town vehicles; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the

Town of Brookhaven approves the following Fire Marshals to attend the aforesaid

LI/NYC Emergency Management Conference 2012 at the Long Island Marriott in

Uniondale, NY:

Chief Fire Marshal John Dembek Senior Fire Marshal Christopher Mehrman

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Senior Fire Marshal Walter Dunn and be it further

RESOLVED, that the Department of Finance is hereby authorized to pay

the registration fees of $200.00 per person for a total of $600.00.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-484 Councilmember: D-5

Originated By: Carol Dadabo, Accountant

Title: AUTHORIZING ACCEPTANCE OF DONATION TO THE HOLTSVILLE ECOLOGY SITE OF INFORMATIONAL AND EDUCATIONAL DISPLAYS FROM THE KAELI KRAMER FOUNDATION AND FROM SIGN PRO BETTER BY DESIGN, INC.

Subject:

Authorization to accept a donation to the Holtsville Ecology Site of informational and educational displays from the Kaeli Kramer Foundation (in the amount of $10,000) and from Sign Pro Better by Design, Inc (in the amount of $3,810)

Purpose:

educational purposes

History/Misc. Information:

Fiscal Impact:

n/a

Account Number: No cash is received. Signs being created by Sign Pro.

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-484_5-22-

12_Accepting_Donation_to_Holtsville_Ecology_Site.doc2012-484 Cover Memo

ecology_site_donation.pdf attachments Cover Memo

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RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-484 MOVED BY COUNCILMEMBER: Timothy P. Mazzei REVISION: SHORT TITLE: AUTHORIZING ACCEPTANCE OF DONATION TO THE HOLTSVILLE

ECOLOGY SITE OF INFORMATIONAL AND EDUCATIONAL DISPLAYS FROM THE KAELI KRAMER FOUNDATION AND FROM SIGN PRO BETTER BY DESIGN, INC.

DEPARTMENT: REASON: To accept a donation of informational and educational displays from Kaeli Kramer Foundation and from Sign Pro Better by Design, Inc. for the Holtsville Ecology Site. PUBLIC HEARING REQUIRED: No ---------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: n/a ---------------------------------------------------------------------------------------------------------------------- SEQRA REQUIRED: No DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED: ----------------------------------------------------------------------------------------------------------------------- EXECUTION OF DOCUMENT REQUIRED: LR:jb

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

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RESOLUTION NO. 2012-484 MEETING OF: MAY 22, 2012

AUTHORIZING ACCEPTANCE OF DONATION TO THE HOLTSVILLE ECOLOGY SITE OF INFORMATIONAL AND EDUCATIONAL DISPLAYS FROM THE KAELI KRAMER FOUNDATION AND FROM SIGN PRO BETTER BY DESIGN, INC.

WHEREAS, pursuant to Town Law Section 64, the Town Board is authorized to accept

donations; and

WHEREAS, the Town Board of the Town of Brookhaven is desirous of accepting

informational and educational displays from the Kaeli Kramer Foundation and from Sign Pro

Better by Design, Inc. to the Holtsville Ecology Site;

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Brookhaven, that

pursuant to Town Law Section 64, the Town of Brookhaven is authorized to accept the donation

of informational and educational displays from the Kaeli Kramer Foundation and from Sign Pro

Better by Design, Inc. to the Holtsville Ecology Site; and be it further

RESOLVED, that the Supervisor and/or Deputy Supervisor is authorized to execute any required documents in connection with the donation of the informational and educational

displays by the Kaeli Kramer Foundation and from Sign Pro Better by Design, Inc. to the Holtsville

Ecology Site.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-485 Councilmember: D-4

Originated By: Sue Sullivan, Finance

Title: CAPITAL BUDGET AMENDMENT TO AMEND CAPITAL APPROPRIATIONS FOR VARIOUS STREET LIGHTING PROJECTS TABLED

Subject:

Capital Budget Amendment - Streetlighting

Purpose:

To amend various streetlighting capital budget lines down at the request of the StreetLighting Division.

History/Misc. Information:

The Streelighitng Division of PELM has reviewed with the Supervisor's office the various street lighting projects to be completed and has requested that the balance of the available budgetd not needed be eliminated. Attached is a schedule reflecting the amendements requested.

Fiscal Impact:

-$(478,007.01)

Account Number: Various - see attached schedule

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-485_05-22-

12_Capital_Budget_Amendment_Streetlighting.docResolution 2012-485 Cover Memo

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RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-485 MOVED BY COUNCILMEMBER: CONSTANCE KEPERT REVISION SHORT TITLE: CAPITAL BUDGET AMENDMENT TO AMEND CAPITAL

APPROPRIATIONS FOR VARIOUS STREET LIGHTING PROJECTS DEPARTMENT: Finance REASON: To amend various street lighting capital budget lines down at the request of the Street Lighting Division. PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: -$(478,007.01) - See account allocations in attached list

SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: BAR:dlm

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

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RESOLUTION NO. 2012-485 MEETING OF: May 22, 2012

CAPITAL BUDGET AMENDMENT TO AMEND CAPITAL APPROPRIATIONS FOR VARIOUS STREET LIGHTING PROJECTS

WHEREAS, the Town of Brookhaven’s Capital Budget included numerous

street lighting projects, which projects were completed; and

WHEREAS, the Town is desirous of eliminating the balance of the Capital

Budget not needed for various completed Street Lighting projects as set forth below;

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Brookhaven that the balance of the Capital Budget not needed for various completed Street Lighting projects be eliminated; and be it further RESOLVED, that the Commissioner of Finance is authorized to record all necessary transactions to effectuate this Resolution.

Street Lighiting Capital Project Summary as of April 30, 2012

ORG OBJECT Project Descritpion Increase Decrease

'HSL '3960 '2006 'Streetlighting Projects 113,901.58

'HSL '3960 '2007 'Streetlighting Projects 70,376.76

'HSL '3960 '2008 'Streetlighting Projects 48,270.11

'HSL '3960 '2009 'Streetlighting Projects 108,997.50

'HSL '3961 '2008 'Installation of Street Lights 960.00

'HSL '3961 '2009 'Installation of Street Lights 54,073.17

'HSL '3962 '2007 'Upgrade Streetlights 19,478.00

'HSL '3962 '2008 'Upgrade Streetlights 61,949.89

H9900 9900 Interfund Transfer 478,007.01

478,007.01

478,007.01

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-486 Councilmember: D-4

Originated By: Debbie Masterson, Law

Title: SETTING A PUBLIC HEARING ON THE APPLICATION OF GAS DEVELOPMENT FARMINGVILLE, LLC FOR SPECIAL PERMIT FOR MOTOR VEHICLE FUELING STATION AND FOR WAIVER OF SPECIAL PERMIT CRITERIA ON PROPERTY LOCATED IN FARMINGVILLE

Subject:

Purpose:

To set a hearing on the above application.

History/Misc. Information:

Fiscal Impact:

None

Account Number:

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-486_05-22-

12_SPH_Gas_Dev_Farmingville_LLC_-

_waive_special_permit_criteria[1]2.doc

Resolution 2012-486 Cover Memo

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RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-486 MOVED BY COUNCILMEMBER: Constance Kepert REVISION SHORT TITLE: SETTING A PUBLIC HEARING ON THE APPLICATION OF GAS DEVELOPMENT FARMINGVILLE, LLC FOR SPECIAL PERMIT FOR MOTOR VEHICLE FUELING STATION AND FOR WAIVER OF SPECIAL PERMIT CRITERIA ON PROPERTY LOCATED IN FARMINGVILLE DEPARTMENT: LAW REASON: To set a public hearing on the above application DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED:

SEQRA REQUIRED: Yes DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: No LR:dlm

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

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RESOLUTION NO. 2012-486 MEETING: May 22, 2012

SETTING A PUBLIC HEARING ON THE APPLICATION OF GAS DEVELOPMENT FARMINGVILLE, LLC FOR MOTOR VEHICLE FUELING STATION AND FOR WAIVER OF SPECIAL PERMIT CRITERIA ON PROPERTY LOCATED IN FARMINGVILLE

WHEREAS, an application was made by Gas Development Farmingville, LLC for a

special permit for motor vehicle fueling station and waiver of special permit criteria, on property

located on the east side of North Ocean Avenue at the corner of Horseblock Road, Farmingville,

further identified as SCTM No. 0200-655.00-06.00-051.000;

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of

Brookhaven as follows:

That in accordance with the provisions of Sections 264 and 265 of the Town Law,

a public hearing will be held by the Town Board of the Town of Brookhaven at the Town Board

Auditorium at One Independence Hill, Second Floor, Farmingville, New York, on June 26, 2012,

at 6:30 P.M. to consider the application made by Gas Development Farmingville, LLC for a

special permit for motor vehicle fueling station and waiver of special permit criteria, on property

located on the east side of North Ocean Avenue at the corner of Horseblock Road, Farmingville,

further identified as SCTM No. 0200-655.00-06.00-051.000; and be it further

RESOLVED that the Town Clerk of the Town of Brookhaven is hereby authorized

and directed to publish the notice of the time and place of such hearing at least ten (10) days in

advance of such time in the Long Island Advance newspaper, which has general circulation in

said Town.

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PUBLIC NOTICE NOTICE IS HEREBY GIVEN that pursuant to Sections 264 and 265 of Town Law, a public hearing will be held by the Town Board of the Town of Brookhaven at the Town Board Auditorium at One Independence Hill, Second Floor, Farmingville, New York, on June 26, 2012, at 6:30 P.M. to consider the application made by Gas Development Farmingville, LLC for a special permit for motor vehicle fueling station and waiver of special permit criteria, on property located on the east side of North Ocean Avenue at the corner of Horseblock Road, Farmingville, further identified as SCTM No. 0200-655.00-06.00-051.000. A more detailed diagram of the subject property is on file at the office of the Town Clerk and may be examined during regular office hours by any interested person. At said public hearing, any persons interested shall be given the opportunity to be heard.

Dated: May 22, 2012 PATRICIA A. EDDINGTON, TOWN CLERK Farmingville, New York TOWN OF BROOKHAVEN

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-487 Councilmember: D-4

Originated By: Debbie Masterson, Law

Title: SETTING A PUBLIC HEARING ON THE APPLICATION OF LEWIS ENTERPRISES FOR A CHANGE OF ZONE FROM J BUSINESS 2 AND A RESIDENCE 1 TO J BUSINESS 5 DISTRICT (HIGH INTENSITY BUSINESS), FOR SPECIAL PERMITS FOR MOTOR VEHICLE FUELING STATION AND ACCESSORY CONVENIENCE STORE AND FOR WAIVER OF SPECIAL PERMIT CRITERIA ON PROPERTY LOCATED IN YAPHANK

Subject:

Purpose:

To set a public hearing on the above application.

History/Misc. Information:

Fiscal Impact:

None

Account Number:

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-487_05-22-

12_SPH_LEWIS_ENTERPRISES_COZ___WAIVER_OF_SPECIAL_PERMIT_CRITERIA_LANGUAGE

[1]2.doc

2012-487Cover

Memo

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RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-487 MOVED BY COUNCILMEMBER: Constance Kepert REVISION SHORT TITLE: SETTING A PUBLIC HEARING ON THE APPLICATION OF LEWIS ENTERPRISES FOR A CHANGE OF ZONE FROM J BUSINESS 2 AND A RESIDENCE 1 TO J BUSINESS 5 DISTRICT (HIGH INTENSITY BUSINESS), FOR SPECIAL PERMITS FOR MOTOR VEHICLE FUELING STATION AND ACCESSORY CONVENIENCE STORE AND FOR WAIVER OF SPECIAL PERMIT CRITERIA ON PROPERTY LOCATED IN YAPHANK DEPARTMENT: LAW REASON: To set a public hearing on the above application DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED:

SEQRA REQUIRED: Yes DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: No LR:dlm

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

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RESOLUTION NO. 2012-487 MEETING: May 22, 2012

SETTING A PUBLIC HEARING ON THE APPLICATION OF LEWIS ENTERPRISES FOR A CHANGE OF ZONE FROM J BUSINESS 2 AND A RESIDENCE 1 TO J BUSINESS 5 DISTRICT (HIGH INTENSITY BUSINESS), FOR SPECIAL PERMITS FOR MOTOR VEHICLE FUELING STATION AND ACCESSORY CONVENIENCE STORE AND FOR WAIVER OF SPECIAL PERMIT CRITERIA ON PROPERTY LOCATED IN YAPHANK

WHEREAS, an application was made by Lewis Enterprises for a change of zone from J Business 2 and A Residence 1 to J Business 5 District (High Intensity Business), for special permits for Motor Vehicle Fueling Station and Accessory Convenience Store, and waiver of special permit criteria, on property located at the northeast corner of Sill Road (C.R. 101) and the Long Island Expressway North Service Road, Yaphank, further identified as SCTM No. 0200-663.00-04.00-028.000; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Brookhaven as follows: That in accordance with the provisions of Sections 264 and 265 of the Town Law, a public hearing will be held by the Town Board of the Town of Brookhaven at the Town Board Auditorium at One Independence Hill, Second Floor, Farmingville, New York, on June 26, 2012, at 6:30 P.M. to consider the application made by Lewis Enterprises for a change of zone from J Business 2 and A Residence 1 to J Business 5 District (High Intensity Business), for special permits for Motor Vehicle Fueling Station and Accessory Convenience Store, and waiver of special permit criteria, on property located at the northeast corner of Sill Road (C.R. 101) and the Long Island Expressway North Service Road, Yaphank, further identified as SCTM No. 0200-663.00-04.00-028.000; and be it further RESOLVED that the Town Clerk of the Town of Brookhaven is hereby authorized and directed to publish the notice of the time and place of such hearing at least ten (10) days in advance of such time in the South Shore Press newspaper, which has general circulation in said Town.

Page 107: JVC

PUBLIC NOTICE NOTICE IS HEREBY GIVEN that pursuant to Sections 264 and 265 of Town Law, a public hearing will be held by the Town Board of the Town of Brookhaven at the Town Board Auditorium at One Independence Hill, Second Floor, Farmingville, New York, on June 26, 2012, at 6:30 P.M. to consider the application made by Lewis Enterprises for a change of zone from J Business 2 and A Residence 1 to J Business 5 District (High Intensity Business), for special permits for Motor Vehicle Fueling Station and Accessory Convenience Store, and waiver of special permit criteria, on property located at the northeast corner of Sill Road (C.R. 101) and the Long Island Expressway North Service Road, Yaphank, further identified as SCTM No. 0200-663.00-04.00-028.000. A more detailed diagram of the subject property is on file at the office of the Town Clerk and may be examined during regular office hours by any interested person. At said public hearing, any persons interested shall be given the opportunity to be heard.

Dated: May 22, 2012 PATRICIA A. EDDINGTON, TOWN CLERK Farmingville, New York TOWN OF BROOKHAVEN

Page 108: JVC

Resolution Submission Form May 22, 2012

Resolution No.: 2012-488 Councilmember: D-1

Originated By: Allyson Alvaro, Parks/Rec. and Sports/Cult. Resrcs

Title: AMENDMENT TO THE CSEA BLUE COLLAR SALARY SCHEDULE

Subject:

Amend the Blue Collar Salary Schedule to include the title "Town Park Maintenance Supervisor".

Purpose:

To amend the Blue Collar Salary Schedule to include a new title - "Town Park Maintenance Supervisor" at a salary of $34.00/hr.

History/Misc. Information:

Fiscal Impact:

n/a

Account Number: n/a

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-488_5-22-

12_Amend_Blue_Collar_Salary_Schedule.docResolution Cover Memo

Page 109: JVC

RESOLUTION SUBMISSION

MEETING OF: MAY 22, 2012 RESOLUTION NO. 2012-488

MOVED BY COUNCILMEMBER: STEVE FIORE-ROSENFELD

REVISION:

SHORT TITLE: AMENDMENT TO THE CSEA BLUE COLLAR SALARY SCHEDULE

DEPARTMENT: Parks, Recreation and Sports, and Cultural Resources

REASON: To authorize an amendment to the CSEA Blue collar Salary Schedule

PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: N/A

MM:jb SEQRA REQUIRED: DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED:

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 110: JVC

RESOLUTION NO. 2012-488

MEETING OF: MAY 22, 2012

AMENDMENT TO THE CSEA BLUE COLLAR SALARY SCHEDULE

WHEREAS, a review of the CSEA Blue Collar Salary Schedule has been

undertaken and recommendations have been forwarded and considered by the

Town Board.

NOW, THEREFORE, BE IT RESOLVED, that the CSEA Blue Collar

Salary Schedule is hereby amended as indicated below effective immediately:

TITLE SALARY

Town Park Maintenance Supervisor $34.00 per hour

Page 111: JVC

Resolution Submission Form

May 22, 2012

Resolution No.: 2012-489 Councilmember: Supervisor

Originated By: Donna Hall, Information Technology

Title: AUTHORIZING AN AWARD OF CONTRACT FOR RFP #11-22 "WIRELESS INTERNET ACCESS 2011 TOWN HALL and MAJOR TOWN PARKS" TO CSC HOLDING LLC (CABLEVISION)

Subject:

Award contract to CSC Holding LLC(Cablevision), 1111 Stewart Avenue, Bethpage, New York, in response to RFP 11-22, Wireless Internet Access 2011 Town Hall & Major Town Parks.

Purpose:

To provide wireless internet access at the following locations: Brookhaven Airport, Brookhaven Town Hall, Henrietta Acampora Recreation Center, Heritage Park, Mastic Pool & Skate, Medford Athletic Complex, New Parks Administration Building, Rose Caracappa Recreation Center, West Meadow Beach.

History/Misc. Information:

Cablevision was the only respondent. RFP Committee reviewed submission and recommended Cablevision be awarded the contract.

Fiscal Impact:

Service performed by Cablevision without charge.

Account Number: N/A

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-489_5-22-

12_Award_of_contract_CSC_

(Cablevision)[1].doc

2012-489 Cover Memo

Page 112: JVC

RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-489 MOVED BY SUPERVISOR MARK LESKO REVISION: SHORT TITLE: AUTHORIZING AN AWARD OF CONTRACT TO SOLE RESPONSIBLE

BIDDER, CSC HOLDING LLC (CABLEVISION) FOR RFP #11-22 “WIRELESS INTERNET ACCESS 2011 TOWN HALL & MAJOR TOWN PARKS”

DEPARTMENT: Information Technology REASON: To enter into an agreement with the sole responsible bidder, CSC Holding

LLC (Cablevision) to provide wireless internet access at several locations PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: Equipment necessary to provide wireless internet services to be installed by Cablevison with no charge to the Town

SEQRA REQUIRED: No DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: LR:fjb

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 113: JVC

RESOLUTION NO. 2012-489 MEETING OF: May 22, 2012

AUTHORIZING AN AWARD OF CONTRACT FOR RFP #11-22 “WIRELESS INTERNET ACCESS 2011 TOWN HALL & MAJOR TOWN PARKS” TO CSC HOLDING LLC (CABLEVISION)

WHEREAS, the Town of Brookhaven issued a Request for Proposal #11-22 (“RFP”) from qualified companies for Wireless Internet Access 2011 Town Hall & Major

Town Parks; and

WHEREAS, the purpose of the RFP was to obtain bids to provide wireless

internet access at the following locations: Brookhaven Airport, Brookhaven Town Hall, Henrietta

Acampora Recreation Center, Heritage Park, Mastic Pool & Skate, Medford Athletic Complex,

New Parks Administration Building, Rose Caracappa Recreation Center, West Meadow Beach;

and

WHEREAS, the only respondent was Cablevision; and

WHEREAS, a copy of the sole RFP response received was sent to the RFP

Committee for review; and

WHEREAS, after due consideration was given, it is recommended that the

contract be awarded as selected by the RFP Committee, in the best interest of the Town of

Brookhaven, to the sole responder, as follows, pending receipt of all required insurance/bonding:

CSC HOLDING LLC (CABLEVISION) 1111 Stewart Avenue Bethpage, NY 11714 ; and WHEREAS, the equipment necessary to provide wireless internet services shall be

installed by Cablevision at no charge to the Town.

Page 114: JVC

NOW THEREFORE BE IT RESOLVED by the Town Board of the Town of

Brookhaven that the contract be awarded to CSC HOLDING LLC (CABLEVISION), 1111 Stewart

Avenue, Bethpage, NY 11714, and the service performed by Cablevision will be provide without

charge; and it is further

RESOLVED, that the Supervisor and/or Deputy Supervisor is authorized to

execute said contract and all other necessary documents, if any, to implement this contract; and it

is further

RESOLVED, that the form of the contract shall be subject to the approval of

the Town Attorney.

Page 115: JVC

Resolution Submission Form

May 22, 2012

Resolution No.: 2012-490 Councilmember: D-1

Originated By: Geri Manzolillo, Purchasing

Title: AUTHORIZING EXTENSION OF CONTRACT #20090021 "ELECTRICAL ON-CALL ANNUAL SERVICES" FOR A LIMITED PERIOD NOT TO EXCEED ONE HUNDRED AND TWENTY (120) DAYS FROM INTIAL EXPIRATION

Subject:

Extend Contract #20090031 - Electrical On-Call Annual Services for a limited extension period not to exceed one hundred and twenty (120) days.

Purpose:

Extend Contract #20090031 - Electrical On-Call Annual Services for a limited extension period not to exceed one hundred and twenty (120) days. Current contract holder is Hinck Electrical Contractor, Inc.

History/Misc. Information:

Fiscal Impact:

$100,000/approximate expenditure

Account Number: H7110-3308-2012, $75,000/ A7110-4822, $10,000; A1620-4822, $15,000

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-490_5-22-

12_Renewal_of_Contract_for_Electrical_On_Call_Annual_Services.doc2012-490 Cover Memo

5-22-

12_Renewal_of_Contract_for_Electrical_On_Call_Annual_Services.docfinal resolution Cover Memo

Page 116: JVC

RESOLUTION SUBMISSION MEETING OF: MAY 22, 2012 RESOLUTION NO. 2012-490 MOVED BY COUNCILMEMBER: STEVE FIORE-ROSENFELD REVISION SHORT TITLE: AUTHORIZING EXTENSION OF CONTRACT #20090021 “ELECTRICAL ON-CALL ANNUAL SERVICES” FOR A LIMITED PERIOD NOT TO EXCEED ONE HUNDRED AND TWENTY (120) DAYS FROM INITIAL EXPIRATION DEPARTMENT: Parks, Recreation and Sports and Cultural Resources REASON: Extend Contract #20090031 for a limited extension period. PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: $100,000 - H7110-3308-2012, $75,000/A7110-4822, $10,000; A1620-4822, $15,000 SEQRA REQUIRED: no

DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: JF:gg

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 117: JVC

RESOLUTION NO: 2012-490

MEETING OF: May 22, 2012 AUTHORIZING EXTENSION OF CONTRACT #20090021 “ELECTRICAL ON-CALL ANNUAL SERVICES” FOR A LIMITED PERIOD NOT TO EXCEED ONE HUNDRED AND TWENTY (120) DAYS FROM INITIAL EXPIRATION

WHEREAS, the Town Board authorized the award of the following contract and

said contract is due to expire as follows:

Contract # Description Vendor Initial Expiration Date

20090031 Electrical On-Call Annual Services

Hinck Electrical Contractor, Inc.

5/31/12

WHEREAS, the contract terms and conditions authorize a limited extension

period of one hundred and twenty days and in order to protect the health and safety of

the general public, it is necessary to extend the above listed contracts for a limited time

period not to exceed one hundred and twenty (120) days until such time as the Town

completes the bid process under GML §103 and awards a new contract for the above

listed projects; and

WHEREAS, the limited extension period for the one hundred and twenty days

period shall be effective commencing on the initial expiration date as stated above.

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of

Brookhaven that the above listed contracts be extended for a limited time period not to

exceed one hundred and twenty (120) days so the bidding process under GML §103

can be completed and a new contract is award for the above listed projects; and be it

further

RESOLVED, that the limited extension period for one hundred and twenty days

shall be effective commencing on the initial expiration date as stated above, and that the

remaining terms and conditions of the above listed contracts shall remain in full force

and effect during the necessary extension period; and be it further

RESOLVED, that the Department of Finance is authorized to disburse the

necessary funds for the implementation of this contract extension.

Page 118: JVC

RESOLUTION SUBMISSION MEETING OF: MAY 22, 2012 RESOLUTION NO. 2012- MOVED BY COUNCILMEMBER: STEVE FIORE-ROSENFELD REVISION SHORT TITLE: AUTHORIZING EXTENSION OF CONTRACT #20090021 “ELECTRICAL ON-CALL ANNUAL SERVICES” FOR A LIMITED PERIOD NOT TO EXCEED ONE HUNDRED AND TWENTY (120) DAYS FROM INITIAL EXPIRATION DEPARTMENT: Purchasing REASON: Extend Contract #20090031 for a limited extension period. PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: $100,000 - H7110-3308-2012, $75,000/A7110-4822, $10,000; A1620-4822, $15,000 SEQRA REQUIRED: no

DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: JF:gg

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 119: JVC

RESOLUTION NO: 2012-

MEETING OF: May 22, 2012 AUTHORIZING EXTENSION OF CONTRACT #20090021 “ELECTRICAL ON-CALL ANNUAL SERVICES” FOR A LIMITED PERIOD NOT TO EXCEED ONE HUNDRED AND TWENTY (120) DAYS FROM INITIAL EXPIRATION

WHEREAS, the Town Board authorized the award of the following contract and

said contract is due to expire as follows:

Contract # Description Vendor Initial Expiration Date

20090031 Electrical On-Call Annual Services

Hinck Electrical Contractor, Inc.

5/31/12

WHEREAS, the contract terms and conditions authorize a limited extension

period of one hundred and twenty days and in order to protect the health and safety of

the general public, it is necessary to extend the above listed contracts for a limited time

period not to exceed one hundred and twenty (120) days until such time as the Town

completes the bid process under GML §103 and awards a new contract for the above

listed projects; and

WHEREAS, the limited extension period for the one hundred and twenty days

period shall be effective commencing on the initial expiration date as stated above.

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of

Brookhaven that the above listed contracts be extended for a limited time period not to

exceed one hundred and twenty (120) days so the bidding process under GML §103

can be completed and a new contract is award for the above listed projects; and be it

further

RESOLVED, that the limited extension period for one hundred and twenty days

shall be effective commencing on the initial expiration date as stated above, and that the

remaining terms and conditions of the above listed contracts shall remain in full force

and effect during the necessary extension period; and be it further

RESOLVED, that the Department of Finance is authorized to disburse the

necessary funds for the implementation of this contract extension.

Page 120: JVC

Resolution Submission Form

May 22, 2012

Resolution No.: 2012-491 Councilmember: D-1

Originated By: Erica Dewar, Finance

Title: 2012 OPERATING BUDGET TRANSFER TO PROPERLY REFLECT GRANT REVENUES TO BE RECEIVED IN THE CORRECT MUNIS GRANT ACCOUNT CODE

Subject:

Authorization to amend the 2012 Operating budget to properly reflect grant revenues to be received in the correct MUNIS grant account code.

Purpose:

Authorization to amend the 2012 Operating budget to properly reflect grant revenues to be received in the correct MUNIS grant account code.

History/Misc. Information:

To correct several grant revenue accounts that were set up in the incorrect revenue account code in MUNIS for purposes of accurately reflecting grants awarded to the Town of Brookhaven. The transfer will properly record revenue to be received with the corresponding grant code (project code). See attached entry.

Fiscal Impact:

Budget Neutral

Account Number: See Attached Schedule

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-491_5-22-12_-

_2012_Operating_Budget_transfer_to_correct_Munis_grant_account_code.doc2012-491 RESOLUTION Cover Memo

Page 121: JVC

RESOLUTION SUBMISSION

MEETING OF: May 22, 2012 RESOLUTION NO. 2012-491 MOVED BY COUNCILMEMBER: Steve Fiore-Rosenfeld REVISION SHORT TITLE: 2012 OPERATING BUDGET TRANSFER TO PROPERLY REFLECT GRANT REVENUES TO BE RECEIVED IN THE CORRECT MUNIS GRANT ACCOUNT CODE

DEPARTMENT: Finance REASON: The transfer will properly record revenue to be received with the corresponding grant code. PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: Federal Aid Revenue-Green Homes Initiative A-8095-35896-G0212 (194,958.00); Federal Aid Revenue-Better Buildings/GJGNY A-8095-35896-G0259 194,958.00; Federal Aid Revenue A-5680-35896 (71,385.00);Federal Aid Revenue-New Freedom Round 2 A-5680-35896-G0225 $71,385.00 - Budget Neutral SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: Jf:gg Present Absent Motion Aye No Abstain Not

Voting Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 122: JVC

RESOLUTION NO. 2012-491 MEETING OF: May 22, 2012 2012 OPERATING BUDGET TRANSFER TO PROPERLY REFLECT GRANT REVENUES TO BE RECEIVED IN THE CORRECT MUNIS GRANT ACCOUNT CODE

WHEREAS, the Finance Department has requested the following transfer of funds:

Account Appropriation Increase Decrease Federal Aid Revenue-Green Homes Initiative A-8095-35896-G0212 (194,958.00) Federal Aid Revenue-Better Buildings/GJGNY A-8095-35896-G0259 194,958.00 Federal Aid Revenue A-5680-35896 (71,385.00) Federal Aid Revenue-New Freedom Round 2 A-5680-35896-G0225 $71,385.00 to properly reflect grant revenues to be received in the correct MUNIS grant account code; and WHEREAS, this transfer is in accordance with the Town’s Budgetary Transfer Policy adopted January 6, 2011; and WHEREAS, this transfer is within the appropriated Budget Fund. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Brookhaven

that the Department of Finance is hereby authorized to amend the 2012 Operating Budget to

properly reflect grant revenues to be received in the correct MUNIS grant account code:

Account Appropriation Increase Decrease Federal Aid Revenue-Green Homes Initiative A-8095-35896-G0212 (194,958.00) Federal Aid Revenue-Better Buildings/GJGNY A-8095-35896-G0259 194,958.00 Federal Aid Revenue A-5680-35896 (71,385.00) Federal Aid Revenue-New Freedom Round 2 A-5680-35896-G0225 $71,385.00

Page 123: JVC

Resolution Submission Form

May 22, 2012

Resolution No.: 2012-492 Councilmember: D-1

Originated By: Marie Buday, Finance

Title: AMENDMENT OF THE 2011 OPERATING BUDGET TO TRANSFER FUNDS TO COVER OUTSTANDING YEAR-END EXPENSES

Subject:

Purpose:

2011 Operating Budget Transfers to cover outstanding year-end expenses.

History/Misc. Information:

Fiscal Impact:

Budget Neutral

Account Number: Various, see attached.

Property Info:

ATTACHMENTS:

Name: Description: Type:

5-22-

12_Operating_Budget_Transfer.docFinal Resolution Cover Memo

Page 124: JVC

RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-492 MOVED BY COUNCILMEMBER: Steve Fiore-Rosenfeld REVISION: SHORT TITLE: AMENDMENT OF THE 2011 OPERATING BUDGET TO TRANSFER FUNDS TO COVER OUTSTANDING YEAR-END EXPENSES DEPARTMENT: Finance REASON: To transfer funds from the 2011 Operating Budget in the amount of $857,067.59 to cover outstanding year-end expenses. PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: Budget neutral – fund transfer from various accounts

SEQRA REQUIRED: DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: JJB:mar

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 125: JVC

RESOLUTION NO. 2012-492 MEETING OF: May 22, 2012

AMENDMENT OF THE 2011 OPERATING

BUDGET TO TRANSFER FUNDS TO COVER OUTSTANDING YEAR-END EXPENSES

WHEREAS, the Finance Department requests to amend the 2011 Operating

Budget to cover outstanding year-end expenses; and

WHEREAS, the Commissioner of Finance has requested that the 2011

Operating Budget be so amended;

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of

Brookhaven that the Commissioner of the Department of Finance is hereby authorized

to amend the 2011 Operating Budget as follows:

Fund: General fund – Whole Town

From: ($190,000.00) A8160-4884 Refuse & Garbage Diesel Fuel

From: ($200,000.00) A8160-4883 Refuse & Garbage Gasoline From: ($178,690.39) A8160-4984 Refuse & Garbage

Transportation of Leachate

From: ($162,933.05) A8160-4881 Refuse & Garbage Parts for Heavy Equipment

To: $162,933.05 A8160-4986 Refuse & Garbage Disposal of Solid Waste

To: $568,690.39 A9000-8080 Employee Benefits – A Fund Health Insurance

Fund: General Fund – Part Town From ($40,000.00) B1989-4860

Other General Government Supp R&M Motor Vehicles

From: ($42,962.89) B8020-4654 Planning Division Planning Consultants To: $82,962.89 B9000-8080 Employee Benefits – B Fund Health Insurance

Page 126: JVC

Fund: Highway Fund – Whole Town From: ($42,481.26)

DA5130-4199 Highway Administration

Other Materials & Supply

To: $42,481.26

DA9000-8080

Employee Benefits – DA Fund Health Insurance

Page 127: JVC

Resolution Submission Form

May 22, 2012

Resolution No.: 2012-493 Councilmember: D-1

Originated By: Marie Buday, Finance

Title: APPROVAL OF OPERATING PROFESSIONAL SERVICE REQUISITION IN EXCESS OF $5,000.00 FOR PAYMENT OF SERVICES TO BE PERFORMED BY QUESTICA, INC. FOR MAINTENANCE AND TECHNICAL SUPPORT OF TEAMBUDGET SOFTWARE

Subject:

Purpose:

Approval of Operating PSR in excess of $5,000

History/Misc. Information:

Town Board Resolution 514-08, dated June 3, 2008, requires Town Board approval of all operating PSRs in excess of $5,000. Attached is a PSR requiring such approval for maintenance and support sevices from Questica for TeamBudget software. There aren't three quotes as the software was developed by Questica and only Questica can maintain and support it.

Fiscal Impact:

$12,227

Account Number: A1680.4812 R&M Computer Software

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-493_5-22-

12_PSR_APPROVAL_QUESTICA.docresolution Cover Memo

Page 128: JVC

RESOLUTION SUBMISSION

MEETING OF: MAY 22, 2012 RESOLUTION NO. 2012-493 MOVED BY COUNCILMEMBER: STEVE FIORE-ROSENFELD REVISION SHORT TITLE: APPROVAL OF OPERATING PROFESSIONAL SERVICE REQUISITION IN EXCESS OF $5,000.00 FOR PAYMENT OF SERVICES TO BE PERFORMED BY QUESTICA, INC. FOR MAINTENANCE AND TECHNICAL SUPPORT OF TEAMBUDGET SOFTWARE DEPARTMENT: FINANCE REASON: APPROVAL REQUIRED BY Town Board Resolution 514-08, ADOPTED JUNE 3, 2008 PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES DOLLARS INVOLVED: $12,227.00 – Account No.: A1680 4812

SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: JL:dg Present Absent Motion Aye No Abstain Not

Voting Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 129: JVC

RESOLUTION NO. 2012-493 MEETING OF: MAY 22, 2012

APPROVAL OF OPERATING PROFESSIONAL SERVICE REQUISITION IN EXCESS OF $5,000.00 FOR PAYMENT OF SERVICES TO BE PERFORMED BY QUESTICA, INC.

FOR MAINTENANCE AND TECHNICAL SUPPORT OF TEAMBUDGET SOFTWARE

WHEREAS, in accordance with Town Board Resolution No. 514-08, adopted on June 3,

2008, Town Board approval is required for any PSR issued to an authorized Professional Service

Consultant for a non-capital project in an amount of $5,000.00 or greater, or for a capital project

in an amount of $25,000.00 or greater, and additionally, Town Board approval is required for the

following: (1) any requested monetary increase to a PSR that required prior Town Board

approval; or (2) where the combined totals of the PSRs for a specific project would exceed the

aforementioned amounts; and

WHEREAS, the Department of Finance advises that the PSR as described below requires

Town Board approval and the Department has requested that the PSR for maintenance and

technical support of TEAMBUDGET software be approved in the amount of $12,227.00; and

WHEREAS, in accordance with the Town Procurement Policy and Procedures, where the

professional services require a uniquely qualified firm with expertise and knowledge for a

particular project, upon obtaining the Department’s submission of supporting documentation and

the prior written approval by the Deputy Supervisor for the requested PSR, the Town Board may

approve the PSR for the Department without obtaining the required price quote comparisons; and

WHEREAS, the Department of Finance has submitted the necessary background

information regarding the unique qualifications, expertise and knowledge of Questica Inc. for the

Page 130: JVC

maintenance and technical support of TEAMBUDGET software and has also obtained the

required prior approval.

NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the PSR

submitted by the Department of Finance in connection with the professional services to be

provided by Questica Inc. for the maintenance and technical support of TEAMBUDGET Software;

and be it further

RESOLVED, that the Commissioner of Finance is hereby authorized to disburse the

necessary funds in accordance with this resolution.

Page 131: JVC

Resolution Submission Form

May 22, 2012

Resolution No.: 2012-494 Councilmember: D-6

Originated By: Lori Anne DeIulio Casdia, Town Council District 6

Title: SETTING A PUBLIC HEARING TO CONSIDER DESIGNATING "THE PETTY HOUSE" OF THE WILLIAM FLOYD ESTATES AS AN HISTORIC LANDMARK

Subject:

Setting a public hearing to designate the structure known as "the Petty House" of the William Floyd Estates (SCTM 0200 85100 0300 051000)as a Town of Brookhaven Landmark on Town Boards Own Motion.

Purpose:

Setting a public hearing to designate the structure known as "the Petty House" of the William Floyd Estates (SCTM 0200 85100 0300 051000)as a Town of Brookhaven Landmark on Town Boards Own Motion. As a Town Landmark the structure will be able to receive more points at the state making them more eligible for funding and eligible for Federal grants. The local civics and historic association desire to assume stewardship.

History/Misc. Information:

Planning board on May 21st is proposing to make a motion to send a letter to HDAC HDAC meets on June 12th Planning Board meets on June 18th Town Board Hearing on June 26th This schedule is all dependent upon the HDAC submits letter to Planning board in time for the June 18th meeting.

Fiscal Impact:

0

Account Number:

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-494_5-22-

12_SPH_to_Designate_landmark.docResolution 2012-494 Cover Memo

Page 132: JVC

RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-494 MOVED BY COUNCILMEMBER: Daniel Panico REVISION: May 30, 2012 SHORT TITLE: SETTING A PUBLIC HEARING TO CONSIDER DESIGNATING “THE PETTY HOUSE” OF THE WILLIAM FLOYD ESTATES AS AN HISTORIC LANDMARK DEPARTMENT: Council District #6 REASON: To consider designating the Petty House of the William Floyd Estates as an

Historic Landmark. PUBLIC HEARING REQUIRED: Yes DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: None

SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: LR:fjb

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 133: JVC

RESOLUTION NO. 2012-494 MEETING: May 22, 2012

SETTING A PUBLIC HEARING TO CONSIDER DESIGNATING “THE PETTY HOUSE” OF THE WILLIAM FLOYD ESTATES AS AN HISTORIC LANDMARK

WHEREAS, the Planning Board will consult with the Historic District Advisory

Committee regarding the historical nature of The Petty House, 1009 Montauk Highway, Shirley,

NY 11967, current owner Michael Gross and Terry R. Gross c/o HL Mastic Assoc. LLC, 234

Closter Dock Rd., Closter, NJ 07624, further identified as Suffolk County Tax Map #0200-85100-

0300-051000, and its possible designation as an Historic Landmark, and

WHEREAS, said Planning Board shall make a recommendation or report to the

Town Board of the Town of Brookhaven.

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of

Brookhaven as follows:

That in accordance with the provisions of Section 85-187C of the Town Code of the

Town of Brookhaven, a public hearing will be held by the Town Board of the Town of Brookhaven

at the Town Board Auditorium at One Independence Hill, Second Floor, Farmingville, New York,

on June 26, 2012, at 6:30 P.M. to consider designating The Petty House of the William Floyd

Estates (SCTM-200-85100-0300-051000) as an Historic Landmark; and be it further

RESOLVED that the Town Clerk of the Town of Brookhaven is hereby authorized

and directed to publish the notice of the time and place of such hearing at least ten (10) days in

advance of such time in the ______________________________ newspaper, which has general

circulation in said Town; and be it further

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RESOLVED, that upon adoption of this resolution setting the public hearing, the

Town Clerk of the Town of Brookhaven is hereby directed to send a copy of this resolution and

said notice to the owners of said property, Michael Gross and Terry R. Gross, c/o HL Mastic

Assoc. LLC, 234 Closter Dock Rd., Closter, NJ 07624, as shown on the current Town of

Brookhaven assessment roll not less than 10 days prior to the date of the public hearing.

Page 135: JVC

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN that pursuant to Section 85-187C of the Town Code of

the Town of Brookhaven, a public hearing will be held by the Town Board of the Town of

Brookhaven at the Town Board Auditorium at One Independence Hill, Second Floor, Farmingville,

New York, on June 26, 2012, at 6:30 P.M. to consider designating The Petty House, 1009

Montauk Highway, Shirley, NY 11967, current owner Michael Gross and Terry R. Gross c/o HL

Mastic Assoc. LLC, 234 Closter Dock Rd., Closter, NJ 07624, further identified as Suffolk County

Tax Map #0200-85100-0300-051000, as an Historic Landmark, and

At said public hearing, any persons interested shall be given the opportunity to be

heard.

Dated: Farmingville, New York

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-495 Councilmember: D-6

Originated By: Debbie Masterson, Law

Title: AUTHORIZATION TO ACQUIRE A VACANT PARCEL OF LAND OWNED BY THE EAST MORICHES FIRE DISTRICT FOR OPEN SPACE PURSUANT TO SECTION 72-H OF THE GENERAL MUNICIPAL LAW - WINDCREST DRIVE, MANORVILLE (SCTM No. 0200-592.00-02.00-008.004)

Subject:

Purpose:

To re-convey open space property back to the Town of Brookhaven which was conveyed to the East Moriches Fire District and cannot be used for firematic purposes.

History/Misc. Information:

Fiscal Impact:

Approximately $400 recording fee

Account Number: A 1989 4628

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-495_05-22-

2012_East_Moriches_Fire_District,_Windcrest_Dr.,_Manorville-

72h_-_open_space.doc

Resolution 2012-495 Cover Memo

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RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-495 MOVED BY COUNCILMEMBER: Daniel Panico REVISION SHORT TITLE: AUTHORIZATION TO ACQUIRE A VACANT PARCEL OF LAND OWNED BY

THE EAST MORICHES FIRE DISTRICT FOR OPEN SPACE PURSUANT TO SECTION 72-H OF THE GENERAL MUNICIPAL LAW – WINDCREST DRIVE, MANORVILLE (SCTM No. 0200-592.00-02.00-008.004)

DEPARTMENT: Law Department REASON: To re-convey open space property back to the Town of Brookhaven which was conveyed to the East Moriches Fire District and cannot be used for firematic purposes. PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: Approximately $400.00 recording fees (A 1989 4628)

SEQRA REQUIRED: Type II DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: Yes AE:dlm

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 138: JVC

RESOLUTION NO. 2012-495 MEETING OF May 22, 2012

AUTHORIZATION TO ACQUIRE A VACANT PARCEL OF LAND OWNED BY THE EAST MORICHES FIRE DISTRICT FOR OPEN SPACE PURSUANT TO SECTION 72-H OF THE GENERAL MUNICIPAL LAW – WINDCREST DRIVE, MANORVILLE (SCTM No. 0200-592.00-02.00-008.004)

WHEREAS, Section 72-h of the General Municipal Law of the State of New York permits

the sale of real property between municipal governments in the State of New York; and

WHEREAS, by deed dated August 22, 1997, and recorded in the Suffolk County Clerk’s

Office on October 10, 1997, in Liber 11856, page 497, a vacant parcel of land located on

Windcrest Drive, Manorville, further identified as SCTM No. 0200-592.00-02.00-008.004, was

conveyed by the Town of Brookhaven to the East Moriches Fire District; and

WHEREAS, thereafter the parties became aware that this parcel was part of dedicated

open space, and therefore could not be utilized for firematic purposes; and

WHEREAS, the East Moriches Fire District has offered to re-convey said parcel to the

Town of Brookhaven; and

WHEREAS, the Town of Brookhaven is interested in acquiring said parcel of real property

for open space purposes; and

WHEREAS, the Town Board of the Town of Brookhaven is aware that the restrictive

covenants described above will run with the land and shall bind the heirs, successors, and

assigns of the Town of Brookhaven; and

WHEREAS, the acquisition of said parcels pursuant to General Municipal Law Section

72-H, as an intergovernmental transfer, is a Type II action pursuant to NYCRR 617.5(c)(19) and,

therefore, no further SEQRA review is required,

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NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Brookhaven

hereby authorizes, consents and approves the acquisition of the parcel for open space purposes

further identified as SCTM No. 0200-592.00-02.00-008.004 pursuant to General Municipal Law

Section 72-H subject to the restrictive covenants and reverter provisions as stated above.

Page 140: JVC

Resolution Submission Form

May 22, 2012

Resolution No.: 2012-496 Councilmember: D-5

Originated By: Frank Tassone, Waste Management

Title: AUTHORIZING TOWN BOARD ACCEPTANCE OF DONATIONS OF LABOR/SERVICES, GOODS AND IMPROVEMENTS BY DONORS IN CONNECTION WITH THE DEMOLITION OF ABANDONED STRUCTURES

Subject:

Resolution would accept donation of services from CIA Construction Group, located at 950 South 2nd Street Ronkonkoma, NY 11779 - for labor and equipment - in connection with the demolition of an abandoned structure located at 536 East Main Street in East Patchogue.

Purpose:

Acceptance of donated services in connection with the demolition of abandoned building. Town of Brookhaven will accept Construction and Demolition (C&D)at the Brookhaven Town Landfill at no cost

History/Misc. Information:

Fiscal Impact:

Donation of Services - No Fiscal Impact

Account Number:

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-496_5-22-

12__Donation_of_Services.docResolution Cover Memo

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RESOLUTION SUBMISSION

MEETING OF: MAY 22, 2012 RESOLUTION NO. 2012-496

MOVED BY COUNCILMEMBER: TIMOTHY P. MAZZEI

REVISION:

SHORT TITLE: AUTHORIZING TOWN BOARD ACCEPTANCE OF DONATIONS OF LABOR/SERVICES, GOODS AND IMPROVEMENTS BY DONORS IN CONNECTION WITH THE DEMOLITION OF ABANDONED STRUCTURES

DEPARTMENT: Waste Management

REASON: To facilitate the creation of a passive park and to accept donation of demolition and grading services at 536 East Main Street, East Patchogue.

PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: $50,000.00 savings to the Town.

MEP:jb SEQRA REQUIRED: DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED:

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 142: JVC

RESOLUTION NO. 2012-496

MEETING OF: MAY 18, 2012

AUTHORIZING TOWN BOARD ACCEPTANCE OF DONATIONS OF LABOR/SERVICES, GOODS AND IMPROVEMENTS BY DONORS IN CONNECTION WITH THE DEMOLITION OF ABANDONED STRUCTURES

WHEREAS, the Town of Brookhaven owns property at 536 East Main

Street, East Patchogue, NY 11772 and wishes to demolish its dilapidated and

unsafe structures; and

WHEREAS, the Town wishes to create a passive park at that location for

the enjoyment of the residents of the Town of Brookhaven and the general

public; and

WHEREAS, pursuant to Town Law Section 64, the Town Board is

authorized to accept donations; and

WHEREAS, the Town wishes to accept the donation of demolition and

surface grading services from CIA Construction Group, located at 950 South 2nd

Street, Ronkonkoma, NY 11779, for the demolition of the structures, processing

of concrete, removal of asphalt and surface grading at the location; and

WHEREAS, the acceptance of the donated services will save the Town of

Brookhaven over $50,000.00 in Town labor and equipment; and

WHEREAS, the CIA Construction Group is permitted to retain any material

that may be reused or recycled in a manner consistent with the Town’s recycling

efforts, the market value of which shall not exceed the cost of the demolition; and

WHEREAS, the Town Board finds that the acceptance of the donation is

a benefit to the residents of the Town of Brookhaven.

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the

Town of Brookhaven accepts the donation of demolition and surface grading

Page 143: JVC

services from CIA Construction Group, located at 950 South 2nd Street,

Ronkonkoma, New York 11779; and be it further

RESOLVED, that the Town of Board of the Town of Brookhaven

authorizes the Supervisor/Deputy Supervisor to execute any documents

necessary to effectuate this resolution; and be it further

RESOLVED, that this resolution shall take effect immediately.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-497 Councilmember: D-2

Originated By: Marie Buday, Finance

Title: 2012 OPERATING BUDGET AMENDMENT - REDUCING APPLICATION OF SURPLUS

Subject:

Purpose:

To amend the 2012 Operating Budget to reduce application of surplus

History/Misc. Information:

Fiscal Impact:

Decrease General Fund Operating Budget by $285,000

Account Number: various, see attached

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-497_05-22-

12_Operating_Budget_Transfer_to_Reduce_Application_of_Surplus.doc2012-497 final resolution Cover Memo

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RESOLUTION SUBMISSION

MEETING OF: May 22, 2012 RESOLUTION NO. 2012-497

MOVED BY COUNCILMEMBER: Jane Bonner

REVISION:

SHORT TITLE: 2012 OPERATING BUDGET AMENDMENT – REDUCING APPLICATION OF SURPLUS

DEPARTMENT: Town Council REASON: This budget transfer is to amend the 2012 Operating Budget to reduce application of surplus.

PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: See 2012 Operating Budget Transfer Attached Hereto

JF:gg SEQRA REQUIRED: DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED:

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 146: JVC

RESOLUTION NO. 2012-497 MEETING: May 22, 2012

2012 OPERATING BUDGET AMENDMENT – REDUCING APPLICATION OF SURPLUS

WHEREAS, the Town Board is desirous of amending the 2012

Operating Budget to reduce the application of surplus as set forth below:

Action Org Code

Object Code Org Name Object Name Amount

Fund: General Fund - Whole Town

Dec. A1910 4305 Unallocated Insurance

Insurance General Liability

(10,000.00)

Dec. A1989 4220 Other General Government

Supp

Electricity & Natural Gas

(15,000.00)

Dec. A7270 4939 Concert Programs

Fireworks (20,000.00)

Dec. A7270 4999 Concert Programs

Other Contractual Expenditures

(50,000.00)

Dec. A8090 3925 Environmental Protection

Beach Replenishment

(35,000.00)

Dec. A9000 8040 Employee Benefits - A

Fund

Unemployment Insurance

(135,000.00)

Dec. A9900 7600 Interfund Transfers

Serial Bond Interest Payments

(20,000.00)

Dec. A9999 39999 Application of Surplus

Application of Fund Balance

(285,000.00)

Page 147: JVC

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the

Town of Brookhaven that the Operating Budget for the year 2012 be amended as

follows:

Action Org Code

Object Code Org Name Object Name Amount

Fund: General Fund - Whole Town

Dec. A1910 4305 Unallocated Insurance

Insurance General Liability

(10,000.00)

Dec. A1989 4220 Other General Government

Supp

Electricity & Natural Gas

(15,000.00)

Dec. A7270 4939 Concert Programs

Fireworks (20,000.00)

Dec. A7270 4999 Concert Programs

Other Contractual Expenditures

(50,000.00)

Dec. A8090 3925 Environmental Protection

Beach Replenishment

(35,000.00)

Dec. A9000 8040 Employee Benefits - A

Fund

Unemployment Insurance

(135,000.00)

Dec. A9900 7600 Interfund Transfers

Serial Bond Interest Payments

(20,000.00)

Dec. A9999 39999 Application of Surplus

Application of Fund Balance

(285,000.00)

and be it further RESOLVED, that the Department of Finance is authorized and

directed to take all necessary steps to effectuate this resolution and the operating

budget is hereby amended to reflect such change, in accordance with the Town’s

policy on budget modification.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-498 Councilmember: D-4

Originated By: Erica Dewar, Finance

Title: AUTHORIZING THE SUPERVISOR/DEPUTY SUPERVISOR TO EXECUTE DOCUMENTATION TO ACCEPT A GRANT AWARD FROM THE TRI-STATE TRANSPORTATION CAMPAIGN AND THE ONE REGION FUNDERS' GROUP - TRANSIT CENTERED DEVELOPMENT (TCD) GRANT PROGRAM - (BELLPORT), AND TO AUTHORIZE A 2012 OPERATING BUDGET AMENDMENT TO REFLECT THE AWARD OF GRANT FUNDING

Subject:

Authorizing the Supervisor/Deputy Supervisor of the Town of Brookhaven to execute the necessary documentation to accept a $44,500 grant award from the Tri-State Transportation Campaign and the One Region Funders' Group and to authorize the Commissioner of Finance to amend the 2012 Operating Budget to reflect the grant award.

Purpose:

Authorizing the Supervisor/Deputy Supervisor of the Town of Brookhaven to execute the necessary documentation to accept a $44,500 grant award from Tri-State Transportation Campaign and the One Region Funders' Group to be used to evaluate potential sites for a sewage treatment facility to support transit-oriented development near the Bellport LIRR station and, to authorize the Commissioner of Finance to amend the 2012 Operating Budget to add the appropriation and source of revenue to be received.

History/Misc. Information:

The award will be received in advance - this is not a reimbursement program. The project will prepare a Sewer Options Feasibility Report that will evaluate the functionality of four select sites proximate to the Bellport Long Island Railroad station for sewage treatment infrastructure options. When the fully executed MOU has been returned to the Town, the account will be activated for use.

Fiscal Impact:

Budget Neutral: Increase to Appropriations + 44,500; Increase to Revenue $44,500

Account Number: B-8020-35899-G0266 + $44,500; B-8020-5895-G0266 +$44,500

Property Info:

ATTACHMENTS:

Page 149: JVC

Name: Description: Type:

2012-498_5-22-

12_Operating_Budget_amendment_-

_transit_centered_development_Bellport.doc

Resolution Cover Memo

Page 150: JVC

RESOLUTION SUBMISSION MEETING OF: MAY 22, 2012 RESOLUTION NO. 2012-498 MOVED BY COUNCILMEMBER: CONSTANCE M. KEPERT REVISION: SHORT TITLE: AUTHORIZING THE SUPERVISOR/DEPUTY SUPERVISOR TO EXECUTE

DOCUMENTATION TO ACCEPT A GRANT AWARD FROM THE TRI-STATE TRANSPORTATION CAMPAIGN AND THE ONE REGION FUNDERS’ GROUP – TRANSIT CENTERED DEVELOPMENT (TCD) GRANT PROGRAM - (BELLPORT), AND TO AUTHORIZE A 2012 OPERATING BUDGET AMENDMENT TO REFLECT THE AWARD OF GRANT FUNDING

DEPARTMENT: Finance REASON: 2012 Operating budget amendment to reflect the award of grant funds from the Tri-State Transportation Campaign along with the One Region Funders’ Group. PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: Budget Neutral: Increase to Appropriations +$44,500.00; Increase to Revenue +$44,500.00 Account Nos. B-8020-35899-G0266 +$44,500.00; B-8020-5895-G0266 +$44,500.00 SEQRA REQUIRED: No

DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: MM:jb

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 151: JVC

RESOLUTION NO. 2012-498 MEETING OF: MAY 22, 2012

AUTHORIZING THE SUPERVISOR/DEPUTY SUPERVISOR TO EXECUTE DOCUMENTATION TO ACCEPT A GRANT AWARD FROM THE TRI-STATE TRANSPORTATION CAMPAIGN AND THE ONE REGION FUNDERS’ GROUP – TRANSIT CENTERED DEVELOPMENT (TCD) GRANT PROGRAM - (BELLPORT), AND TO AUTHORIZE A 2012 OPERATING BUDGET AMENDMENT TO REFLECT THE AWARD OF GRANT FUNDING

WHEREAS, funds are available from the Transit Centered Development Grant to

evaluate potential sites for a sewer treatment facility to support a Transit Centered Development

(hereinafter “TCD”) near the Bellport Long Island Rail Road (LIRR) Station; and

WHEREAS, the Town Board of the Town of Brookhaven is desirous of obtaining the

available grant money from the Tri-State Transportation Campaign along with the One Region

Funders’ Group to evaluate potential sites for a sewer treatment facility to advance the TCD near

the Bellport LIRR Station; and

WHEREAS, the Town Board is desirous of amending the 2012 Operating Budget to

reflect the award of the grant; and

WHEREAS, the award of this grant is not part of a reimbursement program and will

be received in advance.

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of

Brookhaven that the Supervisor/Deputy Supervisor is hereby authorized to execute the

Memorandum of Understanding and all other necessary documentation to accept the grant

award; and be it further

RESOLVED, that the Town Board of the Town of Brookhaven directs that the

Commissioner of Finance, in accordance with the Town’s policy on budget modification, is hereby

Page 152: JVC

authorized to amend the 2012 Operating Budget to reflect the award of the grant from the Tri-

State Transportation Campaign along with the One Region Funders’ Group as set forth below:

2012 OPERATING BUDGET AMENDMENT TO REFLECT THE AWARD OF GRANT FUNDS

Transit-Centered Development Grant Program - Bellport

BUDGET Increase

$44,500.00 - Transit Centered Devel. Grant Revenue B-8020-35899-G0266

$44,500.00 - Transit Centered Devel. Grant Expenditures B-8020-5895-G0266

Page 153: JVC

Resolution Submission Form

May 22, 2012

Resolution No.: 2012-499 Councilmember: D-4

Originated By: Eileen McCallion, Engineering

Title: AUTHORIZATION TO RELEASE LETTER OF CREDIT FOR SITE PLAN - AVALON @ CHARLES POND @ CORAM TABLED

Subject:

Avalon @ Charles Pond @ Coram, 0200 47600 0100 001002, 005001, 012001, 015003, 017001, 032000, Log# 2004-033SP

Purpose:

Release Irrevocable Letter of Credit No. 68021731 in the amount of three hundred eighty thousand dollars ($380,000.00) submitted by Bank of America, 1 Fleet Wy, PA6-580-02-30, Scranton, PA 18507-1999 on behalf of Avalonbay Communities, Inc., 1000 Bridgeport Avenue, Suite 258, Shelton, CT 06484 to guarantee certain public improvements on the site plan known as Avalon @ Charles Pond @ Coram. As per Planning, Environment & Land Management all work has been satisfactorily completed.

History/Misc. Information:

Correspondence attached

Fiscal Impact:

$380,000.00 Irrevocable Letter of Credit

Account Number: No Impact to Town's Budget

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-499_05-22-

12_Avalon_@_Charles_Pond_@_Coram,_release_LOC.docResolution 2012-499 Cover Memo

Page 154: JVC

RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-499 MOVED BY COUNCILMEMBER: Constance Kepert REVISION SHORT TITLE: AUTHORIZATION TO RELEASE LETTER OF CREDIT FOR SITE PLAN –

AVALON @ CHARLES POND @ CORAM DEPARTMENT: PLANNING DIVISION REASON: Work has been completed. Recommend release of Bank of America Letter of Credit No. 68021731 in the sum of $380,000.00. PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: Release of Bank of America Letter of Credit No. 68021731 in the sum of $380,000.00.

SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: BAR:dlm Present Absent Motion Aye No Abstain Not

Voting Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 155: JVC

RESOLUTION NO. 2012-499 MEETING OF: May 22, 2012

AUTHORIZATION TO RELEASE LETTER OF CREDIT FOR SITE PLAN – AVALON @ CHARLES POND @ CORAM

WHEREAS, on May 22, 2012, the Town Board accepted Irrevocable Standby

Letter of Credit No. 68021731 in the amount of Three Hundred Eighty Thousand Dollars

($380,000.00) issued by Bank of America for account of Avalon Bay Communities, Inc., 1000

Bridgeport Avenue, Suite 258, Shelton, CT 06484, to which the Town of Brookhaven is the

Beneficiary, for certain improvements on the site plan known as Avalon @ Charles Pond @

Coram; and

WHEREAS, the Commissioner of Planning, Environment and Land

Management of the Town of Brookhaven has recommended the release of the Letter of Credit

since all work has been completed,

NOW, THEREFORE, BE IT RESOLVED that Letter of Credit No. 68021731

issued by Bank of America is hereby released.

Page 156: JVC

Resolution Submission Form

May 22, 2012

Resolution No.: 2012-500 Councilmember: D-2

Originated By: Allyson Alvaro, Parks/Rec. and Sports/Cult. Resrcs

Title: AUTHORIZATION FOR PAYMENT TO THE LANDTEK GROUP, INC., FOR OUTSTANDING INVOICES FOR WORK PERFORMED AT HERITAGE PARK, MT. SINAI, UNDER CONTRACT #03-2137 "ATHLETIC FIELD MAINTENANCE"

Subject:

Authorization to provide payment to The Landtek Group

Purpose:

To provide payment to The Landtek Group as per Contract #03-2137, work performed at Heritage Park in Mount Sinai. The cost of the work was increased due to unforseen conditions and necessary to complete the job.

History/Misc. Information:

Fiscal Impact:

$94,282.52

Account Number: A7110 4822

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-500_05-22-

12_Authorization_for_payment_LandTek.doc2012-500 final resolution Cover Memo

Page 157: JVC

RESOLUTION SUBMISSION

MEETING OF: May 22, 2012 RESOLUTION NO. 2012-500 MOVED BY COUNCILMEMBER: JANE BONNER REVISION SHORT TITLE: AUTHORIZATION FOR PAYMENT TO THE LANDTEK GROUP, INC., FOR OUTSTANDING INVOICES FOR WORK PERFORMED AT HERITAGE PARK, MT. SINAI, UNDER CONTRACT #03-2137 “ATHLETIC FIELD MAINTENANCE” DEPARTMENT: PARKS REASON: To pay outstanding invoices to Landtek Group, work done in 2009, due to unforeseen conditions; work not in compliance with Town Procurement Policy PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES DOLLARS INVOLVED: $94,282.52 (A7110 4822)___________________________________ JF:gg SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: Present Absent Motion Aye No Abstain Not

Voting Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 158: JVC

RESOLUTION NO. 2012-500 MEETING OF: MAY 22, 2012 AUTHORIZATION FOR PAYMENT TO THE LANDTEK GROUP, INC., FOR OUTSTANDING INVOICES FOR WORK PERFORMED AT HERITAGE PARK, MT. SINAI, UNDER CONTRACT #03-2137 “ATHLETIC FIELD MAINTENANCE”

WHEREAS, the Town Board of the Town of Brookhaven, by Resolution No. 6,

adopted December 30, 2005, awarded a contract to Landtek Group, Inc., for “Athletic Field

Maintenance”; and

WHEREAS, due to unforeseen conditions, Landtek Group, Inc. provided labor and

materials in 2009 at Heritage Park, Mt. Sinai, and these services were not obtained in compliance

with the Town of Brookhaven Procurement Policy therefore payment of these invoices requires

Town Board Approval; and

WHEREAS, The Landtek Group, Inc. has presented the Town of Brookhaven with

three invoices, plus retainage, in the total amount of Ninety-Four Thousand, Two Hundred Eighty-

Two Dollars and Fifty-Two Cents ($94,282.52) for labor and materials previously provided and

said amount has not been paid:

Date Invoice No. Amount

05/31/09 7625 $48,945.00

05/31/09 7630 8,990.00

05/31/09 7637 28,314.00

Retainage 8,033.52

Total Amount: $94,282.52

; and

WHEREAS, the Commissioner of Parks has certified that the work has been done

and the payment approved.

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of

Brookhaven that upon submission of the required documentation the Department of Finance is

Page 159: JVC

authorized to disburse the necessary funds to the Landtek Group, Inc. 235 County Line Road,

Amityville, NY 11701 totaling $94,282.52 from account A7110 4822, representing payment for

services previously provided; and be it further

RESOLVED, that the Department of Finance is hereby authorized to take all

necessary steps to effectuate this resolution.

Page 160: JVC

Resolution Submission Form

May 22, 2012

Resolution No.: 2012-501 Councilmember: D-3

Originated By: Allyson Alvaro, Parks/Rec. and Sports/Cult. Resrcs

Title: AUTHORIZATION FOR PAYMENT TO LASER INDUSTRIES, INC. FOR OUTSTANDING INVOICES FOR WORK PERFORMED AT VARIOUS TOWN PARKS, CONTRACT #03-2316 "CURBING and SIDEWALKS"

Subject:

Authorization to provide payment to Laser Industries for work performed under contract at various locations.

Purpose:

To provide payment to Laser Industries for contract work performed at various locations.

History/Misc. Information:

Fiscal Impact:

$42,532.00

Account Number: See attached

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-501_05-22-

12_Authorization_for_payment_Laser_Industries.doc2012-501 resolution Cover Memo

Page 161: JVC

RESOLUTION SUBMISSION

MEETING OF: May 22, 2012 RESOLUTION NO. 2012-501 MOVED BY COUNCILMEMBER: KATHLEEN WALSH REVISION SHORT TITLE: AUTHORIZATION FOR PAYMENT TO LASER INDUSTRIES, INC. FOR OUTSTANDING INVOICES FOR WORK PERFORMED AT VARIOUS TOWN PARKS, CONTRACT #03-2316 “CURBING & SIDEWALKS” DEPARTMENT: PARKS REASON: To pay outstanding invoices to Laser Industries for work done at Granny Road, Waverly Park, Tanglewood and Airport Ballfield; work not done in compliance with Town Procurement Policy PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES DOLLARS INVOLVED: $42,532.00 (H7110-3486-2010, H7110-3481-2010, H7110-3482-2010) SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: JF:gg Present Absent Motion Aye No Abstain Not

Voting Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 162: JVC

RESOLUTION NO. 2012-501 MEETING OF: MAY 22, 2012 AUTHORIZATION FOR PAYMENT TO LASER INDUSTRIES, INC. FOR OUTSTANDING INVOICES FOR WORK PERFORMED AT VARIOUS TOWN PARKS, CONTRACT #03-2316 “CURBING & SIDEWALKS”

WHEREAS, the Town Board of the Town of Brookhaven, by Resolution

No. 499-07 dated May 15, 2007, awarded a contract to Laser Industries, Inc., for “Curbing &

Sidewalks”; and

WHEREAS, Laser Industries previously provided labor and materials and various

parks located in the Town of Brookhaven which services obtained by the Department were not in

compliance with the Town of Brookhaven Procurement Policy therefore payment of these

invoices requires Town Board Approval; and

WHEREAS, Laser Industries has presented the Town of Brookhaven with the

following four invoices in the total amount of Forty-Two Thousand, Five Hundred Thirty-Two

($42,532.00) Dollars for labor and materials previously provided and said amount has not been

paid:

Date Invoice No. Location Amount Account

05/18/10 6949 Granny Road 3,495.00 H7110-3486-2010

09/28/10 7106 Waverly Park 2,604.00 H7110-3481-2010

06/28/11 7693 Tanglewood 12,800.00 H7110-3482-2010

08/04/11 7728 Airport Ballfield 23,633.00 H7110-3486-2010

Total Amount: $42,532.00

; and

WHEREAS, the Commissioner of Parks has certified that the work has been done

and the payment approved.

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of

Brookhaven that upon submission of the required documentation the Department of Finance is

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authorized to disburse the necessary funds to Laser Industries, Inc. PO Box 315, Ridge, NY

11961 totaling $42,532.00 from the following accounts: H7110-3486-2010, H7110-3481-2010,

H7110-3482-2010, representing payment for services previously provided; and be it further

RESOLVED, that the Department of Finance is hereby authorized to take all

necessary steps to effectuate this resolution.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-502 Councilmember: D-3

Originated By: Allyson Alvaro, Parks/Rec. and Sports/Cult. Resrcs

Title: AUTHORIZING FOR PAYMENT TO RESIDENTIAL FENCES CORP. FOR OUTSTANDING INVOICES FOR WORK PERFORMED AT VARIOUS PARK LOCATIONS, CONTRACT #03-2423 "FandI CHAIN LINK FENCE"

Subject:

Authorization to provide payment to Residential Fence Corp.

Purpose:

To provide payment to Residential Fence Corp. for emergency work and additional work needed to complete jobs provided throughout the Town.

History/Misc. Information:

Fiscal Impact:

$60,053.00

Account Number: See attached

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-502_05-22-

12_Authorization_for_payment_Residential_Fence.doc2012-502 final resolution Cover Memo

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RESOLUTION SUBMISSION

MEETING OF: May 22, 2012 RESOLUTION NO. 2012-502 MOVED BY COUNCILMEMBER: Kathleen Walsh REVISION SHORT TITLE: AUTHORIZATION FOR PAYMENT TO RESIDENTIAL FENCES CORP. FOR OUTSTANDING INVOICES FOR WORK PERFORMED AT VARIOUS PARK LOCATIONS, CONTRACT #03-2423 “F&I CHAIN LINK FENCE” DEPARTMENT: PARKS REASON: To pay outstanding invoices to Residential for work done at various parks throughout the Town; work not done in compliance with Town Procurement Policy PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES DOLLARS INVOLVED: $114,849.00 (various accounts) SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: JF:gg Present Absent Motion Aye No Abstain Not

Voting Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 166: JVC

RESOLUTION NO. 2012-502 MEETING OF: MAY 22, 2012 AUTHORIZATION FOR PAYMENT TO RESIDENTIAL FENCES CORP. FOR OUTSTANDING INVOICES FOR WORK PERFORMED AT VARIOUS TOWN PARKS, CONTRACT #03-2423 “F&I CHAIN LINK FENCE”

WHEREAS, the Town Board of the Town of Brookhaven, by Resolution No. 891-07

dated September 18, 2007, awarded a contract to Residential Fences Corp., for “F&I Chain Link

Fence”; and

WHEREAS, Residential Fences Corp. has provided labor and materials at various

parks located in the Town of Brookhaven which services obtained by the Department were not in

compliance with the Town of Brookhaven Procurement Policy therefore payment of these

invoices requires Town Board Approval; and

WHEREAS, Residential Fences Corp. has presented the Town of Brookhaven with

the following fifteen invoices in the total amount of One Hundred Fourteen Thousand, Eight

Hundred Forty-Nine ($114,849.00) Dollars for labor and materials previously provided and said

amount has not been paid:

Date Invoice No. Location Amount Account

02/23/10 32436 Centereach Pool 21,504.00 H7110-3483-2010

02/23/10 32437 Gaymore Park 8,146.00 H1620-3521-2008

03/31/10 32578 Woodedge Park 10,412.00 H1620-3504-2010

03/31/10 32580 Gaymore Park 6,650.00 H1620-3504-2011

06/17/10 32950 Percy Raynor 8,800.00 H7110-3485-2010

09/29/10 33477 Medford Athletic 78.00 H7110-3486-2010

12/01/10 33697 New Admin Bldg 4,160.00 H7110-3305-2010

01/22/11 33896 Centereach Park 910.00 H1315-5893-C007

01/22/11 33897 Robert Minor Park 174.00 H1620-3504-2010

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01/22/11 33898 Mastic Nutrition 262.00 H1620-3504-2010

01/22/11 33899 Shirley Beach 436.00 H1620-3504-2010

01/22/11 33900 Heritage Park 2,025.00 H1620-3504-2010

01/22/11 33901 Blue Point Fields 4,720.00 H1620-3504-2010

03/03/11 33987 Mastic Skate Park 1,440.00 H1620-3504-2010

04/30/11 34203 Airport Park 45,132.00 H1620-3504-2010

Total Amount: $114,849.00

; and

WHEREAS, the Commissioner of Parks has certified that the work has been

done and the payment approved.

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of

Brookhaven that upon submission of the required documentation the Department of Finance is

authorized to disburse the necessary funds to Residential Fences Corp., PO Box 430, Ridge, NY

11961 totaling $114,849.00 from accounts as set forth in this resolution, representing payment for

services previously provided; and be it further

RESOLVED, that the Department of Finance is hereby authorized to take all

necessary steps to effectuate this resolution.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-503 Councilmember: D-1

Originated By: Steve Fiore-Rosenfeld, Town Council District 1

Title: TO CHANGE THE TITLE OF THE ENVIRONMENTAL BOND ACT ADVISORY COMMITTEE (EBAAC) TO THE "OPEN SPACE AND FARMLAND ACQUISITION ADVISORY COMMITTEE" AND SET OUT SPECIFIC RESPONSIBLITIES TABLED

Subject:

To officially change the title of the Environmental Bond Act Advisory Committee (EBAAC) to Open Space and Farmland Acquisition Advisory Committee and set out specific responsibilities

Purpose:

Open Space and Farmland Acquisition Advisory Committee better describes the duties and responsibilities of this specific committee this resolution will also lay out all in more detail all responsibilities, terms and duties of said committee.

History/Misc. Information:

Fiscal Impact:

None

Account Number:

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-503_05-22-

12_Change_EBAAC_to_Open_Space___Farmland_Acquisition_Advisory_Committee.docResolution 2012-503

Cover

Memo

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RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-503 MOVED BY COUNCILMEMBER: Steve Fiore-Rosenfeld REVISION SHORT TITLE: TO CHANGE THE TITLE OF THE ENVIRONMENTAL BOND ACT ADVISORY COMMITTEE (EBAAC) TO THE “OPEN SPACE AND FARMLAND ACQUISITION ADVISORY COMMITTEE” AND SET OUT SPECIFIC RESPONSIBLITIES DEPARTMENT: Town Council REASON: Open Space and Farmland Acquisition Advisory Committee better describes the duties and responsibilities of this specific committee. This resolution will also lay out in more detail all responsibilities, terms and duties of said committee. PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: None

SEQRA REQUIRED: DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: No AE:dlm

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 170: JVC

RESOLUTION NO. 2012-503 MEETING OF May 22, 2012

TO CHANGE THE TITLE OF THE ENVIRONMENTAL BOND ACT ADVISORY COMMITTEE (EBAAC) TO THE “OPEN SPACE AND FARMLAND ACQUISITION ADVISORY COMMITTEE” AND SET OUT SPECIFIC RESPONSIBLITIES

WHEREAS, pursuant to Resolution No. 38 of December 21, 1999, in response to

the Town of Brookhaven’s adoption of a $10,000,000.00 Bond Act to acquire interests in

Open Space and Farmland, the Town of Brookhaven established the “Environmental Bond

Act Advisory Committee”; and

WHEREAS, said resolution charged the Committee with “developing criteria for the

expenditure of funds for the acquisition of ownership rights or interests in land for the

purposes of drinking water preservation and open space preservation which shall be

presented to the Town Board for approval” and making “recommendations to the Town

Board based on the established criteria for acquisition of ownership rights or interests in

land for open space and drinking water protection”; and

WHEREAS, said resolution appointed a number of individuals to serve on the

Committee, including the establishment of officers, and through subsequently adopted

resolutions other individuals have been appointed to serve on the Committee; and

WHEREAS, the Committee has been meeting periodically for the past thirteen

years to provide important expertise and advice to the Town Board on various aspects of

the Town’s open space acquisition and farmland protection program;

NOW, THEREFORE, BE IT RESOLVED, the Committee is hereby officially to be

known as the “Open Space and Farmland Acquisition Advisory Committee”; and be it

further

RESOLVED, the Committee shall have the following responsibilities:

1) To evaluate and recommend approval/ disapproval of open space and farmland

properties proposed for acquisition by the Town of Brookhaven;

2) To review, and amend as appropriate, criteria used by the Division of Land

Page 171: JVC

Management to rank and value proposed properties;

3) To actively and continually explore and research potential open space and

farmland acquisition funding opportunities as well as other methods,

mechanisms and/or partnerships to preserve open space and farmland

preservation and make related recommendations to the Town Board;

4) To leverage our Town’s funding sources and actively advocate, in conjunction

with the Town Board, for additional open space and farmland preservation

funding support from the County, State and Federal governments as well as the

private sector, inclusive of trusts and non-profit organizations;

5) In consultation with the Divisions of Planning and Land Management to review

development applications (subdivisions and site plans) and make

recommendations pertaining to the pattern and layout of development to

maximize the extent of preserved open space, provided, however, the

Committee shall consult with the Town Planning Commissioner to establish

property criteria for triggering Committee review, taking into consideration the

size and location of the property proposed to be developed;

6) Serve as an advisory body to the Town Planning Commissioner on land use

plans and studies; and be it further

RESOLVED, the Committee shall meet not less than once a month; and be it further

RESOLVED, the Committee shall consist of 15 members selected in the following

manner: each councilmember shall nominate two individuals, and three members at large

nominated by the Town Supervisor, one of whom shall represent the interests of the

Town’s Agricultural Advisory Board; and be it further

RESOLVED, one member nominated by each councilmember and the Supervisor

shall have demonstrable interest, involvement, or experience in one of the following areas:

open space protection, community planning, natural resource planning, land use planning,

or open space or ecological management; and be it further

RESOLVED, the other member nominated by a councilmember and the two other

Supervisor appointments shall have at least general awareness, interest and some

involvement in local community affairs which could include but are not limited to:

participation in civic associations, or other local non-profit organizations, or a background

Page 172: JVC

in local real estate markets and valuation; and be it further

RESOLVED, that the term of a Committee member shall run for three (3) years,

provided, however, that six members nominated by councilmembers shall serve an initial

one-year term, another six members nominated by councilmembers shall serve an initial

two-year term, and the remaining three members nominated by the Supervisor shall serve

an initial three-year term; and such initial terms shall be considered as through they had

commenced at the first Town Board meeting of the year in which they were appointed and

ends at the first Town Board meeting of the year in which their term concludes; one year

being defined as running from the first Town Board meeting of the year until the first Town

Board meeting of the following year; and any future appointments shall maintain those

same staggered terms in perpetuity; and be it further

RESOLVED, that due to the sensitive and confidential nature of the work of the

Committee each appointed member of the Committee shall have administered by the

Town Clerk a Sworn Oath.

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-504 Councilmember: D-5

Originated By: Sue Sullivan, Finance

Title: BOND RESOLUTION OF THE TOWN OF BROOKHAVEN, NEW YORK, ADOPTED MAY 22, 2012, APPROPRIATING $650,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE WATER ISLAND BEACH EROSION CONTROL DISTRICT, AND AUTHORIZING THE ISSUANCE OF $650,000 BONDS TO FINANCE SAID APPROPRIATION

Subject:

Bond Resolution - Water Island Erosion District

Purpose:

Adopt a bond resolution authorizing spending for an erosion control project on Water Island

History/Misc. Information:

The 2012 adopted capital budget includes this project in the amount of $600,000. A public hearing is being held on May 22, 2012 to approve this project and to amend the budget upward to $650,000. This resolution is to be adopted following the close of the public hearing and the approval of the order and resolution of adoption.

Fiscal Impact:

$650,000

Account Number: n

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-504_5-22-

12_water_island_bond[1].docResolution Cover Memo

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RESOLUTION SUBMISSION

MEETING OF: MAY 22, 2012 RESOLUTION NO. 2012-504

MOVED BY COUNCILMEMBER: TIMOTHY P. MAZZEI

REVISION:

SHORT TITLE: BOND RESOLUTION OF THE TOWN OF BROOKHAVEN, NEW YORK, ADOPTED MAY 22, 2012, APPROPRIATING $650,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE WATER ISLAND BEACH EROSION CONTROL DISTRICT, AND AUTHORIZING THE ISSUANCE OF $650,000 BONDS TO FINANCE SAID APPROPRIATION

DEPARTMENT: Finance

REASON: To adopt a bond resolution authorizing spending for an erosion control project on Water Island. PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: $650,000.00

MM:jb SEQRA REQUIRED: The Town Board, as Lead Agency, has determined that pursuant to 6NYCRR Part 617.5(c)20 and 27 the proposed action is deemed to be a Type II Action. DETERMINATION MADE: POSITIVE NEGATIVE

FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED:

Present Absent Motion Aye No

Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 175: JVC

EXTRACT OF MINUTES

Meeting of the Town Board of the

Town of Brookhaven, in the

County of Suffolk, New York

May 22, 2012

* * *

A regular meeting of the Town Board of the Town of Brookhaven, in the County

of Suffolk, New York, was held at the Town Hall, One Independence Hill, Farmingville, New

York, on May 22, 2012.

There were present: Mark Lesko, Supervisor; and

Councilpersons:

There were absent:

Also present: Patricia A. Eddington, Town Clerk

* * *

offered the following resolution and moved its

adoption:

Page 176: JVC

BOND RESOLUTION OF THE TOWN OF BROOKHAVEN,

NEW YORK, ADOPTED MAY 22, 2012, APPROPRIATING

$650,000 FOR THE INCREASE AND IMPROVEMENT OF

FACILITIES OF THE WATER ISLAND BEACH EROSION

CONTROL DISTRICT, AND AUTHORIZING THE ISSUANCE

OF $650,000 BONDS TO FINANCE SAID APPROPRIATION

Recital

WHEREAS, following preparation of plans and an estimate of cost for the

increase and improvement of facilities of the Water Island Beach Erosion Control District

(herein called the “District”), in the Town of Brookhaven (herein called the “Town”), in the

County of Suffolk, New York, consisting of shore protection improvements, at the aggregate

estimated maximum cost of $650,000, and after a public hearing duly called and held, the Town

Board of the Town determined that it is in the public interest to increase and improve the

facilities of the District, and ordered that such facilities be so increased and improved;

Now, therefore, be it

RESOLVED BY THE TOWN BOARD OF THE TOWN OF BROOKHAVEN,

IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-

thirds of all the members of said Board) AS FOLLOWS:

Section 1. The Town hereby appropriates the amount of $650,000 for the

increase and improvement of facilities of the District, consisting of shore protection

improvements. The plan of financing includes the issuance of not to exceed $650,000 bonds of

the Town to finance said appropriation and the assessment, levy and collection of assessments

Page 177: JVC

upon the several lots and parcels of land within the District in the same manner and at the same

time as other Town charges, as provided by law.

Section 2. Bonds of the Town in the principal amount of $650,000 are hereby

authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter

33-a of the Consolidated Laws of the State of New York (referred to herein as the “Law”), to

finance said appropriation.

Section 3. The following additional matters are hereby determined and declared:

(a) The period of probable usefulness of the object or purpose for which said

bonds are authorized to be issued, within the limitations of Section 11.00 a. 35 of the Law, is five

(5) years.

(b) The proceeds of the bonds herein authorized and any bond anticipation

notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures

made after the effective date of this resolution for the purpose for which said bonds are

authorized. The foregoing statement of intent with respect to reimbursement is made in

conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.

(c) The proposed maturity of the bonds authorized by this resolution will not

exceed five years.

Section 4. Each of the bonds authorized by this resolution and any bond

anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of

validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in

anticipation of said bonds shall be general obligations of the Town, payable as to both principal

and interest by a general tax upon all the taxable real property within the Town without

limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged

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to the punctual payment of the principal of and interest on said bonds and any notes issued in

anticipation of the sale of said bonds, and provision shall be made annually in the budget of the

Town by appropriation for (a) the amortization and redemption of the bonds and any notes in

anticipation thereof to mature in such year and (b) the payment of interest to be due and payable

in such year.

Section 5. Subject to the provisions of this resolution and of the Law and

pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds

with substantially level or declining annual debt service, Section 30.00 relative to the

authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to

60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing

bond anticipation notes and prescribing the terms, form and contents and as to the sale and

issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation

of said bonds, and the renewals of said bond anticipation notes, and as to executing contracts for

credit enhancements and providing for substantially level or declining annual debt service, are

hereby delegated to the Supervisor, the chief fiscal officer of the Town.

Section 6. The validity of the bonds authorized by this resolution, and of any

notes issued in anticipation of the sale of said bonds, may be contested only if:

(a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or

(b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within twenty days after

the date of such publication, or

Page 179: JVC

(c) such obligations are authorized in violation of the provisions of the

constitution.

Section 7. This bond resolution shall take effect immediately, and the Town

Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, together

with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in

“ ,” and “ ,” two

newspapers having a general circulation in said Town and hereby designated as the official

newspapers of said Town for such publication.

Page 180: JVC

The adoption of the foregoing resolution was seconded by

and duly put to a vote on roll call, which resulted as follows:

Supervisor Lesko voting______________

Councilperson Bonner voting______________

Councilperson Fiore-Rosenfeld voting______________

Councilperson Kepert voting______________

Councilperson Mazzei voting______________

Councilperson Panico voting______________

Councilperson Walsh voting______________

The resolution was declared adopted.

********

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CERTIFICATE

I, PATRICIA A. EDDINGTON, Town Clerk of the Town of Brookhaven, in the

County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract

from the minutes of a meeting of the Town Board of said Town of Brookhaven duly called and

held on May 22, 2012, has been compared by me with the original minutes as officially recorded

in my office in the Minute Book of said Town Board and is a true, complete and correct copy

thereof and of the whole of said original minutes so far as the same relate to the subject matters

referred to in said extract.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the

corporate seal of said Town of Brookhaven on this

22nd day of May, 2012.

(SEAL) Patricia A. Eddington, Town Clerk Town of Brookhaven

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NOTICE

The resolution, a summary of which is published herewith, has been adopted on May 22, 2012

and the validity of the obligations authorized by such resolution may be hereafter contested only

if such obligations were authorized for an object or purpose for which the Town of Brookhaven,

in the County of Suffolk, New York, is not authorized to expend money or if the provisions of

law which should have been complied with as of the date of publication of this Notice were not

substantially complied with, and an action, suit or proceeding contesting such validity is

commenced within twenty days after the publication of this Notice, or such obligations were

authorized in violation of the provisions of the constitution.

BY ORDER OF THE TOWN BOARD OF THE TOWN OF BROOKHAVEN

DATED: May , 2012 Farmingville, New York

PATRICIA A. EDDINGTON Town Clerk

BOND RESOLUTION OF THE TOWN OF BROOKHAVEN, NEW YORK, ADOPTED MAY 22, 2012, APPROPRIATING $650,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE WATER ISLAND BEACH EROSION CONTROL DISTRICT, AND AUTHORIZING THE ISSUANCE OF $650,000 BONDS TO FINANCE SAID APPROPRIATION

The object or purpose for which the bonds are authorized is the increase and improvement of facilities of the Water Island Beach Erosion Control District, consisting of shore protection improvements, at the estimated maximum cost of $650,000.

The amount of obligations to be issued is $650,000.

The period of probable usefulness is five (5) years.

A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, One Independence Hill, Farmingville, New York.

The bond resolution was adopted on May 22, 2012.

Page 183: JVC

ESTOPPEL CERTIFICATE

I, PATRICIA A. EDDINGTON, Town Clerk of the Town of Brookhaven, in the County of Suffolk, New York (the “Town”), HEREBY CERTIFY as follows:

That a resolution of the Town Board of said Town entitled:

“BOND RESOLUTION OF THE TOWN OF BROOKHAVEN, NEW YORK, ADOPTED MAY 22, 2012, APPROPRIATING $650,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE WATER ISLAND BEACH EROSION CONTROL DISTRICT, AND AUTHORIZING THE ISSUANCE OF $650,000 BONDS TO FINANCE SAID APPROPRIATION,”

was adopted on May 22, 2012, and such resolution contained an estoppel clause as permitted by Section 80.00 of the Local Finance Law and a notice setting forth substantially the statements referred to in Section 81.00 of the Local Finance Law, together with a summary of such resolution, was duly published as referred to in said Section 81.00 of the Local Finance Law; and

That to the best of my knowledge, no action, suit or proceeding contesting the validity of the obligations authorized by such resolution was commenced within twenty days from the date of publication of such notice.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this ____ day of June, 2012.

Town Clerk

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Resolution Submission Form

May 22, 2012

Resolution No.: 2012-505 Councilmember: D-4

Originated By: Geri Manzolillo, Purchasing

Title: AUTHORIZATION TO ADD LOCATION TO CONTRACT #20120033 - REFUSE REMOVAL @ VARIOUS LOCATIONS

Subject:

Add location to contract #20120033 - Refuse Removal @ Various Locations

Purpose:

Add "Brookhaven Town Hall, One Independence Hill, Farmingville, NY 11738" to contract #20120033 - Refuse Removal @ Various Locations.

History/Misc. Information:

Fiscal Impact:

$1,516.67/month

Account Number: A 1989 4643

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-505_5-22-

12_Add_location_to_contract_for_refuse_removal.docResolution Cover Memo

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RESOLUTION SUBMISSION

MEETING OF: MAY 22, 2012 RESOLUTION NO. 2012-505

MOVED BY COUNCILMEMBER: CONSTANCE M. KEPERT

REVISION:

SHORT TITLE: AUTHORIZATION TO ADD LOCATION TO CONTRACT #20120033 – REFUSE REMOVAL @ VARIOUS LOCATIONS

DEPARTMENT: PURCHASING

REASON: To add Brookhaven Town Hall to contract for refuse removal.

PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: $1,516.67/month Account No. A 1989 4643

MEP:jb SEQRA REQUIRED: DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED:

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 186: JVC

RESOLUTION NO. 2012-505

MEETING OF: MAY 22, 2012

AUTHORIZATION TO ADD LOCATION TO CONTRACT #20120033 – REFUSE REMOVAL @ VARIOUS LOCATIONS

WHERAS, contract #20120033 was awarded to Detail Carting Co., Inc. for

the project, “Refuse Removal @ Various Locations” (Resolution No. 2012-395);

and

WHEREAS, a request was made by the Commissioner of Parks to add the

following location:

Brookhaven Town Hall One Independence, Hill Farmingville, NY 11738 1 – 35 yard compactor, one pickup per week

; and

WHEREAS, Detail Carting Co., Inc. has agreed to the addition of this

location, which would increase the amount of the contract by $1,516.67/mo; and

WHEREAS, said additional work, is incidental to the underlying contract

and would not constitute a new undertaking.

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town

of Brookhaven that Contract #20120033 – “Refuse Removal @ Various

Locations” be amended to reflect this additional location effective immediately;

and be it further

RESOLVED, that the Department of Finance is authorized to disburse the

necessary funds to implement this change order.

Page 187: JVC

Resolution Submission Form

May 22, 2012

Resolution No.: 2012-506 Councilmember: D-4

Originated By: Geri Manzolillo, Purchasing

Title: AUTHORIZING RENEWAL OF CONTRACT WITH LI PROLINER, INC., FOR THE PROJECT "PandL FOR 12X24 VOLT ELECTRICAL REPAIRS"- CONTRACT #20100061

Subject:

Renew Contract #20100061 P&L for 12&24 Volt Electrical Repairs.

Purpose:

Renew Contract #20100061 P&L for 12&24 Volt Electrical Repairs for an additional one year period with LI Proliner.

History/Misc. Information:

Fiscal Impact:

$30,000.00 approximate annual expenditure

Account Number: DA 5130 4199

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-506_5-22-

12_Renewal_of_Contract_for_Volt_Electrical_Repairs.doc2012-506 RESOLUTION Cover Memo

Page 188: JVC

RESOLUTION SUBMISSION MEETING OF: MAY 22, 2012 RESOLUTION NO. 2012-506 MOVED BY COUNCILMEMBER: CONSTANCE KEPERT REVISION SHORT TITLE: AUTHORIZING RENEWAL OF CONTRACT WITH LI PROLINER, INC., FOR THE PROJECT “P&L FOR 12X24 VOLT ELECTRICAL REPAIRS”– CONTRACT #20100061

DEPARTMENT: Purchasing REASON: Renewal of Contract #20100061–P&L for 12x24 Volt Electrical

Repairs. PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: $30,000.00 DA 5130 4199 SEQRA REQUIRED: no

DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: JF:gg

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 189: JVC

RESOLUTION NO. 2012-506

MEETING OF: May 22, 2012

RENEW CONTRACT WITH LI PROLINER, INC. FOR THE PROJECT “P&L FOR 12 & 24 VOLT ELECTRICAL REPAIRS”– BID #10033, FOR 2012

WHEREAS, the Town Board authorized the award of Contract No.

20100061 – P&L for 12 & 24 Volt Electrical Repairs to LI Proliner, Inc. at the June 15,

2010 Town Board Meeting (Resolution #2010-721) for Bid #10033 – “P&L for 12 & 24

Volt Electrical Repairs”, and said contract is due to expire on June 30, 2012; and

WHEREAS, this contract contains an option to renew for an additional one

(1) year period; and

WHEREAS, the Highway Department has recommended that the Town

exercise this option to renew for an additional one (1) year period commencing on July

1, 2012; and

WHEREAS, by letter dated April 19, 2012, attached, the contract holder, LI

Proliner, Inc., has agreed to this extension.

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town

of Brookhaven that Contract No. 20100061– “P&L for 12 & 24 Volt Electrical Repairs” be

extended for an additional one (1) year period commencing on July 1, 2012, at the

approximate annual expenditure of $30,000, subject to available funding and receipt of

updated insurance requirements; and be it further

Page 190: JVC

RESOLVED, that the terms and conditions of Contract No. 20100061 –

“P&L for 12 & 24 Volt Electrical Repairs” contract shall remain in full force and effect

during the renewal period; and be it further

RESOLVED, that the Department of Finance is authorized to disburse the

necessary funds for the implementation of the contract extension.

Page 191: JVC

Resolution Submission Form

May 22, 2012

Resolution No.: 2012-507 Councilmember: D-4

Originated By: Val Biscardi, Hsng/Comm. Dev./Intgvrmtl Affairs

Title: AUTHORIZING AN AGREEMENT BETWEEN THE COUNTY OF SUFFOLK AND THE TOWN OF BROOKHAVEN FOR EISEP/CSE HOUSEKEEPER/CHORE PROGRAM AGREEMENT NO. 001-6778/6777-4980-95285

Subject:

Authorization for the Supervisor/Deputy Supervisor to sign contracts by and between the County of Suffolk and Town for the EISEP and CSE Programs.

Purpose:

This contract will allow these programs to continue for the time period April 1, 2012 through March 31, 2013 with an option to September 30, 2013, on a fee for service basis at the rate of $14.80 per unit of service.

History/Misc. Information:

This program has been in existance for many years and services the senior and disable residents of the Town

Fiscal Impact:

$105,000 for April 1, 2012 to march 31, 2013; $43,750 for the option period.

Account Number: A8870-34346

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-507_5-22-

12_Authorizing_Agreement_between_Suffolk_County_and_TOB_EISEP.docResolution Cover Memo

Page 192: JVC

RESOLUTION SUBMISSION MEETING OF: MAY 22, 2012 RESOLUTION NO. 2012-507 MOVED BY COUNCILMEMBER: Constance Kepert REVISION: SHORT TITLE: AUTHORIZING AN AGREEMENT BETWEEN THE COUNTY OF SUFFOLK AND THE TOWN OF BROOKHAVEN FOR EISEP/CSE HOUSEKEEPER/CHORE PROGRAM AGREEMENT NO. 001-6778/6777-4980-95285 DEPARTMENT: HOUSING AND HUMAN SERVICES REASON: To provide general housekeeping and meal preparation programs to senior citizens within the Town of Brookhaven through the Expanded In-Home Services for the Elderly Program (EISEP) and the Community Services for the Elderly (CSE)/Housekeeper/CHORE Program. PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES DOLLARS INVOLVED: $105,000.00 for April 1, 2012 to March 31, 2013; $43,750.00 for the option period. Account No. A8870-34346

SEQRA REQUIRED: NO DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

MM:jb EXECUTION OF DOCUMENT REQUIRED: NO

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 193: JVC

RESOLUTION NO. 2012-507 MEETING OF: MAY 22, 2012

AUTHORIZING AN AGREEMENT BETWEEN THE COUNTY OF SUFFOLK AND THE TOWN OF BROOKHAVEN FOR EISEP/CSE HOUSEKEEPER/CHORE PROGRAM AGREEMENT NO. 001-6778/6777-4980-95285

WHEREAS, the County of Suffolk administers the Expanded In-Home Services

for the Elderly Program (EISEP) and the Community Services for the Elderly (CSE) from

funds that emanate at the Federal level that make their way down from the State budget

to the County of Suffolk; and

WHEREAS, in the past the Town of Brookhaven has entered into an Agreement

with the County of Suffolk to obtain funds to administer the EISEP and the CSE

Housekeeper/Chore Program for the benefit of qualified senior citizens in the Town; and

WHEREAS, Suffolk County and the Town of Brookhaven find it beneficial to the

senior citizens of the Town and in the public interest to again offer the EISEP/CSE

Housekeeper/Chore Program to assist qualified residents aged sixty or over; and

WHEREAS, the parties hereto desire to enter into an Agreement for the term

April 1, 2012 to March 31, 2013, with an option to September 30, 2013, to be exercised

at the County’s discretion on the same terms and conditions herein, at a cost of $14.80

per unit of service as set forth in Exhibit 6 entitled, “Budget and Rate Page”,

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of

Brookhaven that the Supervisor/Deputy Supervisor is hereby authorized to sign the

Expanded In-Home Services for the Elderly Program (EISEP) and the Community

Services for the Elderly (CSE) Housekeeper Chore Program Agreement No. 001-

6778/6777-4980-95285 between the County of Suffolk and the Town of Brookhaven

and any other documents necessary to effectuate this Resolution, for the term April 1,

Page 194: JVC

2012 through March 31, 2013 with an option to September 30, 2013 at the County of

Suffolk’s option; and be it

FURTHER RESOLVED, that this Agreement shall be reviewed by the Town

Attorney’s Office.

Page 195: JVC

Resolution Submission Form

May 22, 2012

Resolution No.: 2012-508 Councilmember: D-1

Originated By: Sue Sullivan, Finance

Title: BOND RESOLUTION OF THE TOWN OF BROOKHAVEN, NEW YORK, ADOPTED MAY 22, 2012, AUTHORIZING THE ACQUISITION OF HARDWARE AND SOFTWARE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $650,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $650,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION

Subject:

Bond resolution - Information Technology - Various Projects

Purpose:

To adopt a bond resolution authorizing spending for 2012 Information Technology Projects

History/Misc. Information:

The 2012 adopted capital budget includes varioous projects for the Information Technology Division including Infrastructure Upgrade for EOL/VOIP, SAN Storage, Dark Fiber and PC Upgrades. This resolution is to authorize the spending for these projects.

Fiscal Impact:

$650,000. Average estimated annual principal & Interest, assuming a 4% iinterest rate is $146,000.

Account Number: N/Applicable

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-508_05-22-

12_Bond_Reso_Authorizing_Acquisition_of_Hardware_and_Software.doc2012-508 Cover Memo

Page 196: JVC

RESOLUTION SUBMISSION

MEETING OF: May 22, 2012 RESOLUTION NO. 2012-508 MOVED BY COUNCILMEMBER: STEVE FIORE-ROSENFELD REVISION: May 24, 2012

SHORT TITLE: BOND RESOLUTION OF THE TOWN OF BROOKHAVEN, NEW YORK, ADOPTED MAY 22, 2012, AUTHORIZING THE ACQUISITION OF HARDWARE AND SOFTWARE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $650,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $650,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION DEPARTMENT: Finance REASON: To authorize spending for 2012 Information Technology Projects. PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: $650,000. Average estimated annual principal & Interest, assuming a 4% interest rate is $146,000. JF:gg SEQRA REQUIRED: The Town Board, as Lead Agency, has determined that the above described project is deemed to be a Type II action, pursuant to the recommendation of the Division of Environmental Protection. DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED: EXECUTION OF DOCUMENT REQUIRED:

Present Absent Motion Aye No Abstain Not Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 197: JVC

EXTRACT OF MINUTES

Meeting of the Town Board of the

Town of Brookhaven, in the

County of Suffolk, New York

May 22, 2012

* * *

A regular meeting of the Town Board of the Town of Brookhaven, in the County

of Suffolk, New York, was held at the Town Hall, One Independence Hill, Farmingville, New

York, on May 22, 2012.

There were present: Hon. Mark Lesko, Supervisor; and

Councilpersons:

There were absent:

Also present: Patricia A. Eddington, Town Clerk

* * *

offered the following resolution and moved its

adoption:

Page 198: JVC

BOND RESOLUTION OF THE TOWN OF BROOKHAVEN, NEW

YORK, ADOPTED MAY 22, 2012, AUTHORIZING THE

ACQUISITION OF HARDWARE AND SOFTWARE, STATING

THE ESTIMATED MAXIMUM COST THEREOF IS $650,000,

APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND

AUTHORIZING THE ISSUANCE OF $650,000 BONDS OF SAID

TOWN TO FINANCE SAID APPROPRIATION

THE TOWN BOARD OF THE TOWN OF BROOKHAVEN, IN THE COUNTY

OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than

two-thirds of all the members of said Town Board) AS FOLLOWS:

Section 1. The Town of Brookhaven, in the County of Suffolk, New York (herein

called the “Town”), is hereby authorized to acquire hardware and software for information

technology projects. The estimated maximum cost thereof, including preliminary costs,

implementation costs and costs incidental thereto and the financing thereof, is $650,000 and said

amount is hereby appropriated for such purpose. The plan of financing includes the issuance of

$650,000 bonds of the Town to finance said appropriation, and the levy and collection of taxes

on all the taxable real property in the Town to pay the principal of said bonds and the interest

thereon as the same shall become due and payable.

Section 2. Bonds of the Town in the principal amount of $650,000 are hereby

authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter

33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance

said appropriation.

Page 199: JVC

Section 3. The following additional matters are hereby determined and declared:

(a) The period of probable usefulness applicable to the object or purpose for

which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 32 of the

Law, is five (5) years.

(b) The proceeds of the bonds herein authorized and any bond anticipation notes

issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made

after the effective date of this resolution for the purpose for which said bonds are authorized.

The foregoing statement of intent with respect to reimbursement is made in conformity with

Treasury Regulation Section 1.150-2 of the United States Treasury Department.

(c) The proposed maturity of the bonds authorized by this resolution will not

exceed five (5) years.

Section 4. Each of the bonds authorized by this resolution and any bond

anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of

validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in

anticipation of said bonds shall be general obligations of the Town, payable as to both principal

and interest by general tax upon all the taxable real property within the Town. The faith and

credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of

and interest on said bonds and any notes issued in anticipation of the sale of said bonds and

provision shall be made annually in the budget of the Town by appropriation for (a) the

amortization and redemption of the bonds and any notes in anticipation thereof to mature in such

year and (b) the payment of interest to be due and payable in such year.

Page 200: JVC

Section 5. Subject to the provisions of this resolution and of the Law and

pursuant to the provisions of Section 21.00 relative to the authorization of bonds with

substantially level or declining annual debt service, Section 30.00 relative to the authorization of

the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and

168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond

anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of

the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said

bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements

for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the

Town.

Section 6. The validity of the bonds authorized by this resolution, and of any

notes issued in anticipation of the sale of said bonds, may be contested only if:

(a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or

(b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within twenty days after

the date of such publication, or

(c) such obligations are authorized in violation of the provisions of the

constitution.

Section 7. This bond resolution shall take effect immediately, and the Town

Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, together

with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in

Page 201: JVC

“ ” and “ ,” two

newspapers having a general circulation in said Town and hereby designated as the official

newspapers of said Town for such publication.

Page 202: JVC

The adoption of the foregoing resolution was seconded by

and duly put to a vote on roll call, which resulted as follows:

Supervisor Lesko voting______________

Councilperson Bonner voting______________

Councilperson Fiore-Rosenfeld voting______________

Councilperson Kepert voting______________

Councilperson Mazzei voting______________

Councilperson Panico voting______________

Councilperson Walsh voting______________

The resolution was declared adopted.

********

Page 203: JVC

CERTIFICATE

I, Patricia A. Eddington, Town Clerk of the Town of Brookhaven, in the County

of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the

minutes of a meeting of the Town Board of said Town of Brookhaven duly called and held on

May 22, 2012, has been compared by me with the original minutes as officially recorded in my

office in the Minute Book of said Town Board and is a true, complete and correct copy thereof

and of the whole of said original minutes so far as the same relate to the subject matters referred

to in said extract.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the

corporate seal of said Town of Brookhaven on this

22nd day of May, 2012.

(SEAL) Patricia A. Eddington, Town Clerk

Town of Brookhaven

Page 204: JVC

NOTICE

The resolution, a summary of which is published herewith, has been adopted on May 22, 2012

and the validity of the obligations authorized by such resolution may be hereafter contested only

if such obligations were authorized for an object or purpose for which the Town of Brookhaven,

in the County of Suffolk, New York, is not authorized to expend money or if the provisions of

law which should have been complied with as of the date of publication of this Notice were not

substantially complied with, and an action, suit or proceeding contesting such validity is

commenced within twenty days after the publication of this Notice, or such obligations were

authorized in violation of the provisions of the constitution.

BY ORDER OF THE TOWN BOARD OF THE TOWN OF BROOKHAVEN

DATED: May , 2012 Farmingville, New York

Patricia A. Eddington Town Clerk

BOND RESOLUTION OF THE TOWN OF BROOKHAVEN, NEW YORK, ADOPTED MAY 22, 2012, AUTHORIZING THE ACQUISITION OF HARDWARE AND SOFTWARE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $650,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $650,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION

The object or purpose for which the bonds are authorized is the acquisition of hardware and software, at the estimated maximum cost of $650,000.

The amount of obligations to be issued is $650,000.

The period of probable usefulness is five (5) years.

A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, One Independence Hill, Farmingville, New York.

The bond resolution was adopted on May 22, 2012.

Page 205: JVC

ESTOPPEL CERTIFICATE

I, PATRICIA A. EDDINGTON, Town Clerk of the Town of Brookhaven, in the County of Suffolk, New York (the “Town”), HEREBY CERTIFY as follows:

That a resolution of the Town Board of said Town entitled:

“BOND RESOLUTION OF THE TOWN OF BROOKHAVEN, NEW YORK, ADOPTED MAY 22, 2012, AUTHORIZING THE ACQUISITION OF HARDWARE AND SOFTWARE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $650,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $650,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION,”

was adopted on May 22, 2012, and such resolution contained an estoppel clause as permitted by Section 80.00 of the Local Finance Law and a notice setting forth substantially the statements referred to in Section 81.00 of the Local Finance Law, together with a summary of such resolution, was duly published as referred to in said Section 81.00 of the Local Finance Law; and

That to the best of my knowledge, no action, suit or proceeding contesting the validity of the obligations authorized by such resolution was commenced within twenty days from the date of publication of such notice.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this ____ day of June, 2012.

Town Clerk

Page 206: JVC

Resolution Submission Form May 22, 2012

Resolution No.: 2012-509 Councilmember: D-4

Originated By: Liz Krolik-Alexander, Town Council District 4

Title: AMENDING RESOLUTION NO. 2012-61 TO ADD AN ADDITIONAL DAY OF ADMINISTRATIVE LEAVE FOR MEG SHUTKA, CSEA WHITE COLLAR UNIT PRESIDENT ON JUNE 15, 2012, IN LOS ANGELES, CALIFORNIA

Subject:

Grant a parade permit to the Yaphank Fire Department for thier Memorial Day Parade

Purpose:

The Yaphank Fire Department is seeking permission to hold a Memorial Day Parade on Sunday May 27th beginning at noon.

History/Misc. Information:

Fiscal Impact:

0

Account Number:

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-509_-5-22-

12__Issue_Parade_Permit_for_Yaphank_Fire_Department.doc2012-509 resolution Cover Memo

Page 207: JVC

RESOLUTION SUBMISSION

MEETING OF: May 22, 2012 RESOLUTION NO. 2012-509

MOVED BY COUNCILMEMBERS: Constance Kepert REVISION:

SHORT TITLE: DIRECTING THE TOWN CLERK TO ISSUE A PARADE PERMIT TO YAPHANK FIRE DEPARTMENT

DEPARTMENT: Town Council

REASON: Town Code Section 4-23 authorizes the Town Board to grant an appeal

(waiver) and direct the Town Clerk to issue permits for parades as the Yaphank Fire Department, applicant was unable to timely comply with application requirements.

PUBLIC HEARING REQUIRED: NO DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED: None

KRJ:gg SEQRA REQUIRED: DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED:

Present Absent Motion Aye No Abstain Not

Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 208: JVC

RESOLUTION NO. 2012-509

MEETING OF: May 22, 2012

DIRECTING THE TOWN CLERK TO ISSUE A PARADE PERMIT TO YAPHANK FIRE DEPARTMENT

WHEREAS, pursuant to Town Code Section 4-23, the Town Board may

grant a waiver from the requirements set forth in Town Code Section 4-18

pertaining to the issuance of a parade permit; and

WHEREAS, the Yaphank Fire Department has requested that the Town

Board grant a waiver from the requirement that an application for a parade be

submitted fifteen days before the proposed event, namely a Memorial Day

Parade to be held May 27th at 12:00 p.m., pursuant to Town Code Section 4-23.

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town

of Brookhaven that the Town Board, pursuant to Town Code Section 4-23,

hereby grants a waiver for the Yaphank Fire Department, from the required

application conditions set forth in Town Code Section 4-18, and be it further

RESOLVED, that the Town Clerk shall issue a parade permit for the

Yaphank Fire Department, which parade is scheduled to be held May 27th, 2012

at 12:00 p.m., commemorating Memorial Day.

Page 209: JVC

Resolution Submission Form

May 22, 2012

Resolution No.: 2012-510 Councilmember: D-5, Supervisor

Originated By: Gina Guccione, Law

Title: HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE IN SUPPORT OF THE TRANSFER OF THE NEW YORK STATE ARMORY BUILDING ON BARTON AVENUE IN NORTH PATCHOGUE TO THE TOWN OF BROOKHAVEN FOR USE BY THE TOWN OF BROOKHAVEN

Subject:

Purpose:

To support a bill which would authorize this transfer so that the Town can find an appropriate tenant and/or community group to occupy and rehabilitate the NYS Armory on Barton Avenue in North Patchogue.

History/Misc. Information:

Fiscal Impact:

TBD

Account Number:

Property Info:

ATTACHMENTS:

Name: Description: Type:

2012-510_05-22-

12_HOME_RULE_MESSAGE_NYS_Armory_building.doc2012-510 Cover Memo

Page 210: JVC

RESOLUTION SUBMISSION MEETING OF: May 22, 2012 RESOLUTION NO. 2012-510 MOVED BY SUPERVISOR MARK LESKO AND COUNCILMEMBER TIMOTHY MAZZEI REVISION May 24, 2012 SHORT TITLE: HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE IN SUPPORT OF ASSEMBLY BILL 10074A AND SENATE BILL S7323A IN CONNECTION WITH THE TRANSFER OF THE NEW YORK STATE ARMORY BUILDING ON BARTON AVENUE IN NORTH PATCHOGUE TO THE TOWN OF BROOKHAVEN FOR USE BY THE TOWN OF BROOKHAVEN DEPARTMENT: Supervisor REASON: To support a Bill which would authorize this transfer so that the Town can find an appropriate tenant and/or community group, or Town use to occupy and rehabilitate the New York State Armory on Barton Avenue in North Patchogue. PUBLIC HEARING REQUIRED: No DEPARTMENT OF FINANCE APPROVAL: YES NO DOLLARS INVOLVED:

SEQRA REQUIRED: no DETERMINATION MADE: POSITIVE NEGATIVE FEIS/FINDINGS FILED:

EXECUTION OF DOCUMENT REQUIRED: AE:dlm

Present Absent Motion Aye No Abstain Not Voting

Councilmember Fiore-Rosenfeld

Councilmember Bonner

Councilmember Walsh

Councilmember Kepert

Councilmember Mazzei

Councilmember Panico

Supervisor Lesko

Page 211: JVC

RESOLUTION NO. 2012-510 MEETING OF: May 22, 2012

HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE IN SUPPORT OF ASSEMBLY BILL 10074A AND SENATE BILL S7323A IN CONNECTION WITH THE TRANSFER OF THE NEW YORK STATE ARMORY BUILDING ON BARTON AVENUE IN NORTH PATCHOGUE TO THE TOWN OF BROOKHAVEN FOR USE BY THE TOWN OF BROOKHAVEN

WHEREAS, pursuant to General Municipal Law 72-H, there may be

intergovernmental transfer of property; and

WHEREAS, New York State is the owner of the real property on Barton Avenue,

North Patchogue, that was previously used as an Armory; and

WHEREAS, New York State no longer has use for the property as an Armory;

and

WHEREAS, the Town of Brookhaven is desirous of receiving said property so

that it may be rehabilitated and become beneficial to the community for Town use or

use by an appropriate tenant; and

WHEREAS, the Town of Brookhaven would be willing to accept this property,

subject to budgetary constraints, environmental inspection, building and fire inspection,

and an appropriate intermunicipal agreement approved by the Town Attorney;

NOW, THEREFORE, BE IT RESOLVED, that it is the sense of the Town Board

of the Town of Brookhaven that the Town will accept the transfer of the real property

known as the New York State Armory, Barton Avenue, North Patchogue, subject to

budgetary constraints, an environmental audit, building and fire inspection, and an

appropriate intermunicipal agreement approved by the Town Attorney; and be it further

Page 212: JVC

RESOLVED, that the Town Board directs the Town Clerk to provide a certified

copy of this resolution to the Governor and Legislature as follows: Andrew M. Cuomo, Governor

Executive Chamber State Capitol

Albany, NY 12224

Kenneth P. LaValle, State Senator

325 Middle Country Road, Suite 4

Selden, NY 11784

John J. Flanagan, State Senator

260 Middle Country Road, Suite 203

Smithtown, NY 11787

Lee M. Zeldin, State Senator

New York State Office Building

Veterans Memorial Highway-Suite 2A-1

Hauppauge, NY 11788

Owen H. Johnson, State Senator

23-24 Argyle Square

Babylon, NY 11702

Carl L. Marcellino, State Senator

250 Townsend Square

Oyster Bay, NY 11771

Charles J. Fuschillo, Jr., State Senator

550 Merrick Road, Suite 205

Massapequa, NY 11758

Daniel P. Losquadro, State Assemblyman

4466 Route 25

Calverton, NY 11933

Fred W. Thiele, Jr., State Assemblyman

P.O. Drawer 3062

Bridgehampton, NY 11932

Dean Murray, State Assemblyman

1735 N. Ocean Avenue, Suite A

Medford, NY 11763

Steven Englebright, State Assemblyman

149 Main Street

E. Setauket, NY 11733

Alfred Graf, State Assemblyman

859 Montauk Highway, Suite 1

Bayport, NY 11705

Philip Ramos, State Assemblyman

1010 Suffolk Avenue

Brentwood, NY 11782

Michael J. Fitzpatrick, State Assemblyman

50 Route 111, Suite 202

Smithtown, NY 11787

Philip Boyle, State Assemblyman

65 E. Main Street

Bay Shore, NY 11706

Andrew P. Raia, State Assemblyman

75 Woodbine Avenue

Northport, NY 11768

James D. Conte, State Assemblyman

1783 New York Avenue

Huntington Station, NY 11746

Robert K. Sweeney, State Assemblyman

640 W. Montauk Highway

Lindenhurst, NY 11757