HomeMy WebLinkAboutSC RES 768 CR 48Intro. Res. No. 1759-2011
Introduced by Presiding Officer, on request of the County Executive
Laid on Table 8/16/2011
RESOLUTION NO, /7~' ~ -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 RUCH
LANE TO CHAPEL LANE, TOWN OF SOUTHOLD, SUFFOLK
COUNTY, NEW YORK, PHASE II (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 Ruch Lane to Chapel Lane, 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
Ruch Lane to Chapel Lane, 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 situated; 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
'1't 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 re-ordering of priorities. As such, this Legislature has no further
responsibilities under SEQRA; and be it further
2"'~ 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
3r~ RESOLVED that upon conclusion of the aforesaid hearings, pursuant to Eminent
Domain Procedure Law, the Hearing Officer 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
4~ RESOLVED, that a brief synopsis of the filed Findings and Determinations shalt
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
6th 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
7th 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:
CourctCl~ec"utive (~rc'S~'~ol~.,~u nt y
2
SUFFOLK COUNTY
County Legislature
RIVERHEAD, NY
TF~s is to Cert~y T~at L TIM LAUBE, Clerk of the County
Legislature of the County of Suffolk, have compared the foregoing copy of
resolution with the original 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.
Jn 'Witness 34Z~ereof, 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:
e, Schoeiderman, I~row~ing, Muratore, Anker
Edd~gton, Montano, Cilmi, Lindsey, Vi{oria~Fisher, Barraga,
i (ennedy, Now~ck, Homley, Gregory, Stem, D'Amaro, Cooper
Second:
~omaine, Sc~an, Browning, Muratore, Anker
Eddington, Montano, Cilmi, Lindsay, Viloda~Fisher, Barraga,
Kennedy, Nowlck, Horsley, Gregory, Stern, D'Amare, Cooper
Res. No. ~
September 15, 2011
Co-Sponsors:
Romaine, Schneiderman, Browning, Muretore, Anker
I Eddington, Montano, Cilmi, Lindsay, Viroria-Fisher, Barraga,
Kennedy Nowic~ Horeley Gregory Stern D'Amare Cooper
MOTION
~,~_Approve
LD Legislator Yes No Abs NP R
I 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
· 14Wayne R. HORSLEY
15 DuWayne GREGORY
16 Steven H. STERN
17 Lou D'AMARO
18 Jori COOPER
5 Vivian VILORIA-FISHER, D.P.O.
S William J. LINDSAY, P.O. ~.~/
Totals /~/'~....
Table:
Send To Committee
Table Subject To Call
__Lay On The Table
Discharge
Take Out of Order
Reconsider
Waive Rule
Override Veto
Close
Recess
FAILED
No Second
APPROVED
No Motion
NOT ADOPTED
Roil Call Voice Vote
Tim Laube, Clerk of the Legislature