Intro. Res. No. 1966-2005 Laid on Table 8/23/2005

Introduced by Legislator Schneiderman

RESOLUTION NO. –2005, TO AUTHORIZE A LICENSE AGREEMENT WITH MONTAUK OBSERVATORY, INC., AND ACCEPTING A DONATION OF A TELESCOPE

WHEREAS, Montauk Observatory, Inc., a not-for-profit entity, wishes to purchase a University Grade 24” Telescope and Peripheral equipment for the use by residents of the County of Suffolk ; and

WHEREAS, Montauk Observatory, Inc. wishes to construct a building at an unobtrusive location of approximately 50’ by 50’ at Third House in Montauk just west of the comfort station; and

WHEREAS, Montauk Observatory, Inc. wishes to operate this Observatory at Third House in conjunction with the State University at Stony Brook at no cost to the County of Suffolk; and

WHEREAS, this facility will provide an opportunity for Suffolk County school children and college students to study the night skies at a location that is comparatively free of light pollution; now, therefore be it

1st RESOLVED , that the County Executive is hereby authorized to enter into a license agreement with the Montauk Observatory, Inc. (hereinafter “the Observatory”) upon such terms and conditions as may be approved by the County Executive and the Department of Law, with the Observatory for the purpose of permitting the construction of an observatory to house a telescope to be used for public education in Astronomy, which observatory shall be operated by the Observatory in conjunction with the State University at Stony Brook at no cost to the County; and be it further

2ndRESOLVED, that the Observatory shall submit a business plan to the Commissioner of Parks, Recreation and Conservation for approval prior to the execution of a license agreement, such business plan will describe the Observatory plans to construct and operate an observatory and telescope which will be available to all Suffolk County residents. All construction shall be subject to the approval of the Commissioner of the Suffolk County Department of Parks, Recreation and Conservation; and be it further

3rdRESOLVED, that the term of said license agreement shall be for a period of up to ten (10) years from the date of its full execution with an option on the part of the County to renew said license for two (2) further periods for up to five (5) years each, provided the Observatory has complied with all of the terms and conditions of said license agreement; and be it further

4thRESOLVED, that the exact dimensions of the premises to be licensed shall be in accordance with a survey to be prepared by the Suffolk County Department of Public Works. The Commissioner of the Suffolk County Department of Public Works shall approve any and all construction plans on the licensed premises; and be it further

5thRESOLVED, that there is no legislative intent to prohibit license agreement renewals beyond the term of the license agreement as herein provided, subject to such terms and conditions as may be approved by the Suffolk County Legislature; and be it further

6thRESOLVED, that any and all fees which may be charged to other groups and organizations using the licensed premises on a scheduled basis must be approved in advance by the Commissioner of the Suffolk County Department of Parks, Recreation and Conservation. All fees collected by the Observatory shall be forwarded to the County of Suffolk and shall be subject to a formula set forth in the license agreement for reimbursement to the Observatory commensurate with services provided by the Observatory to the County and/or the Observatory’s actual costs incurred in connection with the facilities. All fees shall be subject to audit by the Suffolk County Department of Parks, Recreation and Conservation and/or the Department of Audit and Control; and be it further

7thRESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type II action pursuant to Section 617.5(c)(20) and (26) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection, and the Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this resolution.

 

DATED:

APPROVED BY:

 

______________________________ County Executive of Suffolk County Date: