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HomeMy WebLinkAboutSC RES 765 CR 48Intro. Res. No. 1757-2011 Laid on Table 8/16/2011 Introduced by Presiding Officer, on request of the County Executive RESOLUTION NO. 7~'-5' -2011, AUTHORIZING PUBLIC HEARINGS PURSUANT TO ARTICLE 2 OF THE EMINENT DOMAIN PROCEDURE LAW OF THE STATE OF NEW YORK IN CONNECTION WITH THE ACQUISITION OF PROPERTIES TO BE ACQUIRED FOR THE RECONSTRUCTION OF CR 48, MIDDLE ROAD, FROM HORTON LANE TO GROVE ROAD, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, PHASE III (CP 5526) WHEREAS, the Commissioner of the Department of Public Works, was directed to prepare maps showing the properties to be acquired for the reconstruction of CR 48, Middle Road, from Horton Lane to Grove Road, Town of Southold, Suffolk County, New York, indicating the properties to be acquired, the names of the reputed owners, the boundaries and dimensions of the parcels to be acquired; and WHEREAS, said maps were prepared on or about July 6, 2011, and are entitled "Maps Showing Properties to be Acquired for the Reconstruction of CR 48, Middle Road, from Horton Lane to Grove Road, Town of Southold, Suffolk County, New York"; and WHEREAS, the project has been adopted in the 2011 Capital Budget as and by Capital Project No. 5526; and WHEREAS, pursuant to Article 2 of the Eminent Domain Procedure law, it is required that a public hearing be held prior to acquisition in order to inform the public and to review the public use to be served by this project and to review the impact on the environment for residents of the locality in which the project is situate; and WHEREAS, Section 204 of the Eminent Domain Procedure Law requires the making of Findings and Determinations concerning the proposed project and requires the publication thereafter of a brief synopsis; now, therefore be it 1st RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) Lead Agency hereby finds and determines that the adoption of this resolution constitutes a Type II Action pursuant to Title 6 NYCRR Part 617.5(C)(20) & (27) as this legislative decision involves routine or continuing agency administration and management, not including new programs or a major reordering of priorities. As such, this Legislature has no further responsibilities under SEQRA; and be it further 2nd RESOLVED, that the Commissioner of the Suffolk County Department of Public Works, or his designee, be deemed Hearing Officer with authority to make Findings and Determinations pursuant to Section 204 of the Eminent Domain Procedure Law; and the said Director, or designee, is hereby authorized to exercise the full authority of the Legislature to conduct public hearings and make determinations and findings as provided in Article 2 of the Eminent Domain Procedure Law; and be it further 3rd RESOLVED, that upon conclusion of the aforesaid hearings, pursuant to Eminent Domain Procedure Law, the Hearing Officer will file written Findings and Determinations with the Clerk of the Legislature within 90 days of the conclusion of the Public Hearing provided for in Article 2 of the Eminent Domain Procedure Law; and be it further 4th RESOLVED, that a brief synopsis of the filed Findings and Determinations shall be published pursuant to the requirements of Section 204 of the Eminent Domain Procedure Law; and be it further 5th RESOLVED, that copies of the Findings and Determinations will be forwarded upon written request, to applicants without cost to said applicant by the Clerk of the Legislature; and be it further 6t~ RESOLVED, that upon completion of hearings required by Article 2 of the Eminent Domain Procedure Law, the map aforesaid, be filed in the Office of the Clerk of the County Legislature of the County of Suffolk; and be it further 7~ RESOLVED, that upon the filing of the Determinations and Findings with the Clerk of the Legislature, the Legislature of Suffolk County shall consider whether to adopt or reject said Findings and Determinations; and be it further 8t~ RESOLVED, that all costs pertaining to notices, public hearings, publications, stenographic fees, mailings, postings, and direct service of process and/or notices be deemed an appropriate charge to this project as provided in the capital program for the acquisition of said real property. DATED: SEP 15 2011 APPROVED BY: County E~ecutive of Suffolk Cou/,n/y Date: 7/,.~ /f/I 2 SUFFOLK COUNTY County Legislature RIVERHEAD, NY This is to Cert~jqj That I, TIM LAUBE, Clerk of the County Legislature of the County of Suffolk, have compared the foregoing copy of resolution with the originat resolution now on file in this office, and which was duly adopted by the County Legislature of said County on September 15,2011 and that the same is a true and correct transcript of said resolution and of the whole thereof. In ~Witness ~Whereof, I have hereunto set my hand and the official seal of the County Legislature of the County of Suffolk. Clerk of the Legislature Intro. Res. Motion: ~,F~ho~ t E iadne~,mc~ in~ i~ rL~ nWdr ~gy', vMilu~ ~ ta~rF~ 's hAe~k, (~a r r a g a, Kennedy, Nowick, Horsley, Gregory, Stem, D*Amaro, Cooper ~econd: ~ Romaine, S~n, Browning, Muratore, Anker Eddington, Montano, Cilmi, Lindsay, Viloda-Fisher, Barraga, Kennedy, Nowick, Horsley, Gregory, Stem, D'Amaro, Cooper Res. No. [ ~ ~').. September 15, 2011 ICo-Sponsors: Romaine, Schneiderman, Browning, Muratore, Anker Eddington, Montano, Cilmi, Lindsay, Viloda-Fisher, Barraga, Kennedy, Nowick, Horsley, Gregory, Stem, DAmaro, Cooper LD Legislator Yes No Abs NP R 1 Edward P. ROMAINE 2 Jay H. SCHNEIDERMAN 3 Kate M, BROWNING 4 Thomas MURATORE 6 Sarah S. ANKER 7 Jack EDDINGTON 9 Ricardo MONTANO 10 Thomas ClLMI 11 Thomas F. BARRAGA 12 John M. KENNEDY, JR. 13 Lynne C. NOWICK 14 Wayne R. HORSLEY 15 DuWayne GREGORY 16 Steven H. STERN 17 Lou D'AMARO 18 Jon COOPER 5 Vivian VILORIA-FISHER, D.P.O 8 William J. LINDSAY, P.O. Totals il ~' ---- MOTION _.~Approve Table: Send To Committee Table Subject To Call Lay On The Table Discharge Take Out of Order Reconsider Waive Rule Override Veto Close Recess APPROVED "~ FAILED No Motion No Second NOT ADOPTED Roll Call Voice Vote Tim Laube, Clerk of the Legislature