East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

East Hampton Town Board meeting of June 15, 2017
East Hampton, New York

 

 

I.              Call to Order

6:30 PM Meeting called to order on June 15, 2017 at Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY.

 

Attendee Name

Present

Absent

Late

Arrived

Councilwoman Kathee Burke-Gonzalez

¨

¨

¨

 

Councilman Peter Van Scoyoc

¨

¨

¨

 

Councilwoman Sylvia Overby

¨

¨

¨

 

Councilman Fred Overton

¨

¨

¨

 

Supervisor Larry Cantwell

¨

¨

¨

 

II.              Public Hearings

1.              Policastro SPH NPH CPF Acquisition and Amend 2017 M&S Plan

2.              Set a PH to Consider Adding Chapter 209 to Create a Low-Nitrogen Rebate Program

3.              Set a PH to Consider Amending Chapter 210 to Rename as "Sanitary Systems" and Set Higher Standards

4.              Set PH to Consider Amending Chapter 240 to Apply Parking to Taxis and TNCs

5.              Set PH to Consider Amending Chapter 226 to Include TNC Information

III.              Public Portion

IV.              Resolutions

A.              COUNCILWOMAN BURKE-GONZALEZ

 

RESOLUTION:              2017-671

CATEGORY:                            Warrant Approval

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

6B Warrant- Approval of Claims $1,679,827.42 6B Utility $ 43,491.14

 

RESOLVED, that Claims on Warrant No. 6B/2017, in the amount of $1,679,827.42 Were audited by the Town Board and the Supervisor is hereby directed to pay same, and be it

 

FURTHER RESOLVED, that Claims on Utility Warrant No. 6B/2017, in the amount of $ 43,491.14  Were audited by the Town Board and the Supervisor is hereby directed to pay same.

 

RESOLUTION:              2017-672

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Authorize Rates for Robinson Aviation, Inc. Professional Service Agreement for 2017

 

WHEREAS, the Town Board previously approved an extension of the contract for air traffic control services for 2017 upon the same term and conditions provided for in 2016 but at a cost of $407,620.54 by Resolution 2017-96; and

 

WHEREAS, the Airport Director has negotiated the new rates for the following positions as outlined below for services provided in 2017; now therefore, be it 

 

RESOLVED, that the Town Board hereby approves the following rates with Robinson Aviation for Air Traffic Control services for the 2017 season; and be it further

 

 

2017 Rate

Controller

$  77.36

Manager

$  85.12

Night

$   7.93

Sunday

$  19.82

Overtime

$ 118.97

 

RESOLVED, that this expenditure will be charged against budget line SX5610-54500, Sub-Contract.

 

RESOLUTION:              2017-673

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Human Services

Authorize Reimbursement for 2016 Invoice

 

WHEREAS, RES-2017-622 approved the reimbursement of $32.37 for an overdue 2016 invoice as part of a driver's physical exam be paid directly to the driver (Edith Mancini);

 

WHEREAS, due to an oversight the budget line to be used was listed as #A8992.54500 rather than the correct budget line of #A8991.54500;

 

RESOLVED the Town Board approves reimbursement of payment of $32.37 out of the corrected budget line of #A8991.54500 to Edith Mancini upon properly submitted voucher.

Financial Impact:

$32.37

 

 

RESOLUTION:              2017-674

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

L.K. McLean Associates, P.C.  Addition to  "Schedule A" (Fee Schedule)

 

WHEREAS, the Town Board contracts with the Consulting Engineer firm of L.K. McLean Associates, P.C. for services for the Town of East Hampton; and

 

WHEREAS, such contracts reference "Schedule A" which names certain employees, with specific titles to perform services at a designated hourly rate; and

 

WHEREAS, L.K McLean Associates, P.C. has advised the Town of an addition to "Schedule A" which was approved by Resolution 2017-294 adopted 3/2/17; now, therefore, be it

 

RESOLVED, that the following employees shall be deemed added to the 2017 "Schedule A" adopted 3/2/17 by Resolution 2017-294:

 

 

Name                                                        Title                                                                      Hourly Rate

 

Thomas Parks                                          Technician                                                        $37.24

 

RESOLUTION:              2017-675

CATEGORY:                            Issue Check

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Issue Check-American Arbitration Association - Binozzi

 

WHEREAS, the Town retained the professional legal services of American Arbitration Association for a fee of $275.00 regarding Civil Service Employee Association (CSEA) and the Town of East Hampton regarding Aldi Binozi, Sick Leave Grievance (Case#01-17-0003-1352-2-SW, Reference#11986511; now therefore be it;

 

              RESOLVED, that the Town Board authorizes the budget office to issue a check in the amount of $275.00, Upon voucher properly submitted, from Budget Account No. A1420 54520 to American Arbitration to cover the cost of said services.

 

RESOLUTION:              2017-676

CATEGORY:                            Bids Accepted

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Purchasing

Accept Bid EH17-021 - T-Shirts, Sweatshirts & Other Uniform  Items 2017-  Express Press, Advanced Digital Studios, ABC Custom Sales, Star Sports, Port Jefferson Sports & Caliber Screen Printing

 

WHEREAS, the Town Board solicited bids for T-Shirts, Sweatshirts & Other Uniform Items 2017, Bid No. EH17-021; and

 

WHEREAS, the bids of Express Press, Advanced Digital Studios, LLC, ABC Custom Sales Inc., Star Sports, Port Jefferson Sports & Caliber Screen Printing, Inc. were the lowest bids received meeting the bid specifications and being in proper form; and

 

WHEREAS, the bids submitted have been reviewed by the user departments and Jeanne Carroza, CPPB the Town's Purchasing Agent; and she has recommended the award of the bid to the lowest responsive, responsible bidders; now, therefore, be it

 

RESOLVED, that the Supervisor is authorized to execute any and all documents necessary to memorialize said work for T-Shirts & Sweatshirts & Other Uniform Items 2017; now, therefore be it further

 

RESOLVED, that the bid of ABC Custom Sales, Inc is hereby accepted for Items: 1-3,7-10, 12, 16-21,28-31,37-42,58,63,74,80; Advanced Digital Studios, LLC for Items: 5,6,22-24, 26,27,43,50,51,53-56,71-73,78,79,83,84,86,89-96; Star Sports for Items: 4 & 61; Port Jefferson Sports for Items: 11,13-15,25,32,34-36,47,52,57,65,66,75-77,81,82,87,88; Caliber Screen Printing, Inc. for Items: 44,45,62,& 85; and Express Press for Items: 33,46,48,49, 59,60,64,67-70,97-105; and the Purchasing Agent is hereby authorized to issue purchase orders in accordance with the Town's bid specifications and the bid submissions of the contractors.

B.              COUNCILMAN VAN SCOYOC

 

RESOLUTION:              2017-677

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Lifeguards to the Recreation Department

 

RESOLVED, that the following lifeguards be and are hereby appointed to the Recreation Department at the hourly salaries listed below to be paid bi-weekly from budget account A7180-51200 upon proper submission of time records effective June 16, 2016 through September 15, 2017.

 

Wesley Jakimowicz                                      Ocean Lifeguard                                          $14.00

Amanda Nasti                                                          Bay Lifeguard                                          $13.50

Luke Fitzgibbons                                            Bay Lifeguard                                          $13.50

Michael Forst                                                          Junior Lifeguard Trainer                                 $15.00                                                                                   

 

RESOLUTION:              2017-678

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Lifeguards to the Recreation Department June 15, 2017

 

RESOLVED, that the following be and are hereby appointed lifeguards in the Recreation Department at the salaries listed below to be paid bi-weekly from budget account A7180-51200 upon proper submission of time records effective June 18, 2017 through September 15, 2017

 

Eugene DePasquale                                          Ocean Lifeguard                            $14.00

John Vigorita                                                        Ocean Lifeguard                            $14.00

 

RESOLUTION:              2017-679

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Recreation Aides to the Recreation Department

 

RESOLVED, that the following be and are hereby appointed Recreation Aides in the Recreation Department at the listed salaries to be paid bi-weekly from budget account A7020-51200 upon proper submission of time records effective June 16, 2017.

 

Marcus Edwards                            $10.00                                          Recreation Aide

Mariah Gill                                          $10.00                                          Recreation Aide

Armani Gordon                                          $10.00                                          Recreation Aide

Gianna Gregorio                            $10.00                                          Recreation Aide

Shakaya Guerrero                            $10.00                                          Recreation Aide

Nicole Gutierrez                            $10.00                                          Recreation Aide

 

RESOLUTION:              2017-680

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Johanna Sebbesse Part Time Clerk in the Recreation Department

 

RESOLVED, that Johanna Sebbesse be and is hereby appointed part time clerk in the Recreation Department to be paid an hourly salary of $14.5289 bi-weekly from budget account A7020-51200 upon proper submission of time records effective June 16, 2017.

 

RESOLUTION:              2017-681

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Seasonal Employees in the Parks Department

 

RESOLVED, that the following employees be and are hereby appointed to the Parks Department at the hourly salaries listed to be paid bi-weekly from budget account A7110-51200 upon proper submission of time records effective June 16, 2017.

 

Rosalio Sigua                                                        Laborer              $14.755

Jericha Miranda                                          Custodian I                 $14.755

Eloy Pazmino                                                        Laborer              $14.755

 

RESOLUTION:              2017-682

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Board

Approve Scholarship - Parks & Recreation Summer Program- 2017

 

              WHEREAS, the Town Board has become aware that there is a local child for whom participation in the Town's Parks and Recreation summer program would be beneficial, but that due to financial constraints, the child is unable to participate in the Town's program; and

 

              WHEREAS, the Town's Superintendent of Recreation has indicated that he has no objection to the waiver of the Town's fee for the summer program to allow a student to participate who has been recommended for a scholarship based upon financial need; now, therefore be it

 

              RESOLVED, the Department of Recreation is hereby authorized to waive the Town's fee for participation in the Town's 2017 Summer program, for a student based upon financial need and identified by an emailed letter of request from her mother to the Town Board dated June 7, 2017; and, be it further

 

              RESOLVED, the Town Clerk is hereby requested to forward a copy of this resolution to the appropriate personnel.

 

RESOLUTION:              2017-683

CATEGORY:                            Bids to Notice

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Purchasing

Notice to Bidders - EH17-029 - Refuse Collection Trucks June 2017 Bid Available June 15, 2017- Bid Due June 29, 2017

 

WHEREAS, the Town of East Hampton wishes to purchase equipment and/or supplies in excess of $20,000.00; and

 

WHEREAS, pursuant to GML 103 all purchases of similar equipment and supplies that will exceed $20,000.00 shall be formally bid, now, therefore, be it

 

RESOLVED, as per the request of the Parks & Recreation Department, that the Purchasing Department be and hereby is authorized to advertise for public bid as per the following:

 

                                                                      NOTICE TO BIDDERS

 

TAKE NOTICE, that sealed bids will be received by the Purchasing Agent, on Thursday, June 29, 2017 at 3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

                                                    Refuse Collection Trucks June 2017

 

Specifications are available at the Purchasing Department Office and may be picked up between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, (except Holidays) beginning on June 15, 2017.  These specifications have met with the approval of the Purchasing Department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Refuse Collection Trucks June 2017."

 

The Town Board of the Town of East Hampton reserves the right to waive any informalities in bids received, and/or reject any or all bids.

 

And, be it further

 

RESOLVED, that the following bid shall be received by the Purchasing Agent by 3:00 p.m. on the date noted, at which time they will be opened and publicly read aloud:

 

Bid #                            Name                                                                               Opening Date

                           

EH17-029              Refuse Collection Trucks                                          June 29, 2017

                            June 2017                                                         

 

and, be it further

 

RESOLVED, that the Town reserves the right to reject any and all bids.             

 

RESOLUTION:              2017-684

CATEGORY:                            Bids Accepted

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Purchasing

Accept Bid #EH17-017 - Tank Abandonment Project for the Town & Village - AARCO Environmental Services Corp. (For Town)

 

WHEREAS, the Town Board solicited a bid for the Tank Abandonment Project for the Town & Village , Bid No. EH17-017; and

 

WHEREAS, the Village of East Hampton will award their portion of the bid via Village resolution, and fund the project separately; and

 

WHEREAS, the bid of AARCO Environmental Services Corp. in the amount of $68,181.00 was the lowest bid received for the Town project, meeting the bid specifications and being in proper form; and

 

WHEREAS, the bids submitted have been reviewed by Drew Bennett, Engineer and Jeanne Carroza, CPPB the Town's Purchasing Agent; and have recommended the award of the bid to the lowest responsive, responsible bidder; now, therefore, be it

 

RESOLVED, that the Supervisor is authorized to execute any and all documents necessary to memorialize said work for the Tank Abandonment Project; now, therefore be it

 

RESOLVED, that the bid of AARCO Environmental Services Corp., in the amount of $68,181.00, from fund HA1620-52000-17027 is hereby accepted, and the Purchasing Agent is hereby authorized to issue purchase orders in accordance with the Town's bid specifications and the bid submission of the contractor.

Financial Impact:

HA -1620-52000.17027 in the amount of  $68,181.00 (Town portion only)

 

 

RESOLUTION:              2017-685

CATEGORY:                            Prof. Services (Attorney, Eng., Appraisers, Cons.)

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Lighted Crosswalk Warning System - Route 27 -  Approve Additional Engineering.

 

WHEREAS, the Town retained L.K. McLean Associates, P.C., Consulting Engineers, to provide professional engineering services for permitting, and construction inspection services for lighted crosswalk warning systems at four (4) locations on NYS Route 27 by Resolution 2016-891; and

 

WHEREAS, pursuant to Resolution 2016-891, the Town authorized an expenditure not to exceed $42,000.00 for such services; and

 

WHEREAS, the Town proposes to add two (2) additional lighted crosswalk warning systems to the previously authorized four (4) crosswalks, and additional engineering services are required for sucha additional sidewalks; and

 

WHEREAS, L.K. McLean Associates, P.C., Consulting Engineers, has provided the Town with a proposal, dated May 4, 2017 to perform such additional engineering work, at an increased cost of $20,600.00; now, therefore, be it

 

RESOLVED, that L.K. McLean Associates, P.C. is hereby authorized and directed to add two additional crosswalk locations, one in Montauk, and one in Amagansett, to the existing four previously assigned, for a total of six (6) crosswalks for which the Consultant shall provide the required engineering services previously authorized by Resolution 2016-891; and be it further

 

RESOLVED, that L.K. McLean Associates, P.C. shall be paid an additional fee not to exceed $20,600.00 as set forth in their proposal of May 4, 2017, for a total engineering fee not to exceed $62,600.00 for their engineering work for all six (6) crosswalks, such sums to be paid from budget account HA5182 52009 16072.

C.              COUNCILWOMAN OVERBY

 

RESOLUTION:              2017-686

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Schedule Public Hearing and Notice of Public Hearing  55 Wainscott Hollow Subdivision Agricultural Easement

 

              Pursuant to Section 247 of the General Municipal Law and Chapter 16 of the Town Code, the Town Board of the Town of East Hampton will hold a public hearing in the Town Hall Meeting Room, 159 Pantigo Road, East Hampton, on Thursday, July 6, 2017, at 6:30 p.m. or as soon thereafter as the same may be heard, to hear comments of all persons wishing to be heard concerning the following grant of agricultural easement to the Town of East Hampton:

 

GRANTOR: 55 Wainscott Hollow, LLC

TYPE OF EASEMENT: Agricultural Easement

DATE OF EASEMENT: June 9, 2017

LOCATION:              55 Wainscott Hollow Road

                            SCTM #300-197.00-04.00-002.001

                           

REVIEWING AGENCY: Planning Board              ;

 

and be it

 

              FURTHER RESOLVED, that the Town Clerk is hereby directed to publish a Notice of Public Hearing in the June 22, 2017 edition of the East Hampton Star.

 

NOTICE OF PUBLIC HEARING

 

              PLEASE TAKE NOTICE that pursuant to Section 247 of the General Municipal Law of the State of New York and provisions of the East Hampton Town Code, the Town Board of the Town of East Hampton, New York, will hold a public hearing in the Town Hall Meeting Room, 159 Pantigo Road, East Hampton, New York, Thursday, July 6, 2017 at 6:30 p.m. or as soon thereafter as this matter may be heard, concerning the following grant of agricultural easement to the Town of East Hampton:

 

GRANTOR:  55 Wainscott Hollow, LLC

TYPE OF EASEMENT: Agricultural Easement

DATE OF EASEMENT: June 9, 2017

LOCATION:              55 Wainscott Hollow, LLC

                            SCTM #300-197.00-04.00-002.001

                           

REVIEWING AGENCY: Planning Board             

 

RESOLUTION:              2017-687

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Clerk

Order Calling for PH - Increase and Improvement Camp Hero Sewer District

 

In the Matter

                                     of the

Increase and Improvement of Facilities of the
Camp Hero Sewer District, in the Town of East Hampton,

in the County of Suffolk, New York, pursuant to

Section 202-b of the Town Law

                                                                                            

ORDER CALLING FOR A PUBLIC

HEARING TO BE HELD ON

JULY 6, 2017

WHEREAS, the Town Board of the Town of East Hampton (herein called the “Town”), in the County of Suffolk, New York, on behalf of the Camp Hero Sewer District, in the Town (herein referred to as the “District”), has caused Lombardo Associates, Inc., engineers duly licensed by the State of New York (the “Engineer”) to prepare a map, plan and report entitled “Camp Hero Wastewater Management System - Engineering Plan for System Improvements”, dated January 21, 2015 (the “Report”), which report is on file in the office of the Town Clerk, for the increase and improvement of facilities of the District, consisting of the construction of wastewater system improvements, including, but not limited to, the reconstruction of the upper and lower pump stations, improvements to leaching pools and any and all necessary furnishings, equipment, machinery, apparatus, installations, appurtenances, accessories and related engineering and other costs in connection with the foregoing, as further described in the Report (the “Project”), at the estimated maximum cost, including preliminary costs and costs incidental thereto and the financing thereof, of $200,000;

WHEREAS, the Town Board has heretofore determined that the Project is an Unlisted Action pursuant to the New York State Environmental Quality Review Act (SEQRA) and Chapter 128 of the Town Code and the Town Board has heretofore prepared and considered an Environmental Assessment Form which evaluated the potential environmental impacts of the Project and, on February 5, 2015, the Town Board determined that the Project shall not result in any significant adverse environmental impacts and a negative declaration was adopted pursuant to SEQRA;

WHEREAS, on February 26, 2015, after a public hearing duly called and held, the Town Board adopted: (i) a resolution authorizing the Project pursuant to Section 202-b of the Town Law and (ii) a bond resolution (Resolution No. 2015-244) authorizing the issuance of bonds in the principal amount of not to exceed $200,000 to finance the Project;

 

WHEREAS, the Town Board heretofore determined that the estimated maximum cost of the Project had increased to $240,000, and that it was necessary and in the best interest of the Town to authorize an increase in the amount to be expended for the Project from $200,000 to $240,000 and to increase the amount of bonds authorized for the Project by $40,000;

 

WHEREAS, on June 2, 2016, after a public hearing duly called and held, the Town Board adopted: (i) a resolution authorizing an increase in the cost of the Project pursuant to Section 202-b of the Town Law and (ii) a bond resolution (Resolution No. 2016-705) appropriating $40,000, in addition to the $200,000 theretofore appropriated pursuant to Resolution No. 2015-244, and authorizing the issuance of additional bonds in the principal amount of not to exceed $40,000 for the Project; and

WHEREAS, the maximum amount proposed to be expended for the increase and improvement of facilities of the District has now been determined to be $259,000, as reflected in an addendum to the Report prepared by the Engineer, dated June 5, 2017; and

 

WHEREAS, the Town Board has determined that it is in the best interests of the Town to increase the estimated total cost of the Project from $240,000 to $259,000 and to increase the amount of serial bonds authorized to pay for such increased cost from $240,00 to $259,000.

Now, therefore, be it

ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 159 Pantigo Road, East Hampton, New York, on July 6, 2017 at 6:30 P.M. (Prevailing Time) or as soon as possible thereafter, to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it,

FURTHER ORDERED, that the Town Clerk publish at least once in “THE EAST HAMPTON STAR,” hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of such public hearing certified by said Town Clerk in substantially the form attached hereto in Exhibit A, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing, and be it,

FURTHER ORDERED, that the Town Clerk is further authorized and directed to mail by first class mail to each owner of taxable real property in the District, a Notice of such public hearing, in substantially the form attached hereto as Exhibit A, not less than ten (10) nor more than twenty (20) days before the date of such public hearing.

DATED:  June 15, 2017

TOWN BOARD OF THE TOWN OF EAST HAMPTON

(SEAL)


Exhibit A

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Town Board of the Town of East Hampton, in the County of Suffolk, State of New York, will meet at the Town Hall, 159 Pantigo Road, East Hampton, New York, on July 6, 2017, at 6:30 P.M. (Prevailing Time) or as soon as possible thereafter, for the purpose of conducting a public hearing in relation to the proposed increase and improvement of facilities of the Camp Hero Sewer District, pursuant to Section 202-b of the Town Law, consisting of the construction of wastewater system improvements, including, but not limited to, the reconstruction of the upper and lower pump stations, improvements to leaching pools, and any and all necessary furnishings, equipment, machinery, apparatus, installations, appurtenances, accessories and related engineering and other costs in connection with the foregoing, at the estimated maximum cost, including preliminary costs and costs incidental thereto and the financing thereof, of $259,000, all as further described in the map, plan and report entitled “Camp Hero Wastewater Management System - Engineering Plan for System Improvements”, dated January 21, 2015, as supplemented on April 27, 2016 and June 5, 2017, said report and supplements thereto have been prepared by Lombardo Associates, Inc., engineers duly licensed by the State of New York and on file with the Town Clerk.

The maximum amount to be expended for the increase and improvement of facilities of the Camp Hero Sewer District was heretofore estimated to be $240,000.  It has now been determined that the maximum amount to be expended for the increase and improvement of facilities of the District shall be $259,000.

At said public hearing, the Town Board will hear all persons interested in said subject matter thereof.

Dated:              June 12, 2017
              East Hampton, New York

BY ORDER OF THE TOWN BOARD OF THE TOWN OF EAST HAMPTON, COUNTY OF SUFFOLK, STATE OF NEW YORK

By                                                                            
Carole A. Brennan, Town Clerk
        Town of East Hampton


 

RESOLUTION:              2017-688

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Christ Episcopal Church SPH NPH CPF Project Plan Addition

 

BE IT RESOLVED, that a public hearing is hereby scheduled to be held on a proposed Local Law adopting a revised "Community Preservation Project Plan," pursuant to Section § 64-e of the New York Town Law, which provides for the preservation of open space, historic places, and recreational areas within the Town of East Hampton, including the incorporated villages therein, to include lands reputedly owned by Christ Episcopal Church, and identified on the Suffolk County Tax Map as p/o 302-2-6-5.  All as more fully set forth in the text of the Local Law, said hearing to be held at the Town Hall Court Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, on Thursday July 6, 2017, at 6:30 p.m. or as soon thereafter as this matter may be heard, and said proposed Local Law to read as follows:

 

LOCAL LAW NO.        OF 2017

INTRODUCTORY NO.   21    OF 2017

 

A Local Law providing for the adoption of a revised "Community Preservation Project Plan," pursuant to Section § 64-e of the New York Town Law, which provides for the preservation of open space, historic places, and recreational areas within the Town of East Hampton, including the incorporated villages therein, to include lands reputedly owned by Christ Episcopal Church, and identified on the Suffolk County Tax Map as p/o 302-2-6-5.  As more fully set forth in the text of the Local Law, said Local Law to read as follows:

 

              BE IT ENACTED by the Town Board of the Town of East Hampton as follows:

 

SECTION I. - FINDINGS AND OBJECTIVES:

 

              This local law adopts a revised "Community Preservation Project Plan" pursuant to Section 64-e of the New York Town Law.  The revised plan supplants the Community Preservation Project Plan which was first adopted by the Town Board on August 4, 1998 and adopted as revised on July 7, 2011 and which continues to list all properties whose preservation is necessary to the preservation of the community character of the Town of East Hampton.

 

              The Town Board would like to amend the plan as most recently adopted on July 7, 2011 to add approximately .3 acres of land reputedly owned by Christ Episcopal Church located on 5 Hampton St., Sag Harbor Village, and identified on the Suffolk County Tax Map as p/o 302-2-6-5 for the following reasons:

This parcel has the potential to create a recreational opportunity in the dense Village of Sag Harbor.  The parcel lies across the street from additional green space.

This parcel meets the criteria set forth in Town Law 64-e (4) that establishes and helps define what the preservation of community character involves.

 

 

SECTION II. - COMMUNITY PRESERVATION PROJECT PLAN ADOPTED:

 

              For the reasons set forth in Section I hereof, the Town Board hereby approves and adopts the addition of approximately .3 acres of land reputedly owned by Christ Episcopal Church located on 5 Hampton St., Sag Harbor Village, and identified on the Suffolk County Tax Map as p/o 302-2-6-5 to the list of Open Space Recommendations in the "Community Preservation Project Plan" prepared by the Town Planning Department and dated July 7, 2011, said plan being intended to constitute, in its revised form, the community preservation project plan which is required by Section § 64-e of the New York Town Law and Article I ("Community Preservation Fund") of the East Hampton Town Code.

 

SECTION III. - SEVERABILITY:

 

              Should any part or provision of this Local Law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole nor any part thereof other than the part so decided to be unconstitutional or invalid.

 

SECTION IV. - EFFECTIVE DATE:

 

              This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.

 

 

              AND BE IT FURTHER RESOLVED, that the Town Clerk is directed to publish a Notice of Public Hearing in the June 22, 2017 edition of the East Hampton Star.

 

 

NOTICE OF PUBLIC HEARING

Intro. # 21   Of  2017

 

              TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on July 6, 2017 at 6:30 p.m. in the Town Board Meeting Room, Town Hall, 159 Pantigo Road, East Hampton, New York, or as soon thereafter as this matter may be heard, on a proposed Local Law providing for the adoption of a revised "Community Preservation Project Plan," pursuant to Section 64-e of the New York Town Law, which provides for the preservation of open space, historic places, and recreational areas within the Town of East Hampton, including the incorporated villages therein, to include approximately .3 acres of land in the Village of Sag Harbor, reputedly owned by Christ Episcopal Church, and identified on the Suffolk County Tax Map as p/o 302-2-6-5 .

 

              Any person or party wishing to be heard with respect to the foregoing may do so, in person or by agent or by attorney, or by written comment addressed to the East Hampton Town Clerk, 159 Pantigo Road, East Hampton, New York 11937 and actually received by the date and time of the public hearing as set forth herein.

 

 

DATED: June 15, 2017                           

Financial Impact:

No impact for SPH NPH

 

 

RESOLUTION:              2017-689

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Christ Episcopal Church SPH NPH CPF Acquisition and Amend 2017 M&S Plan

 

SCHEDULE PUBLIC HEARING - REAL PROPERTY ACQUISITION & AMEND 2017 M&S PLAN

 

Purported Owner:              Christ Episcopal Church

Location:                            5 Hampton St., Sag Harbor Village

SCTM #:                            p/o 302-2-6-5

 

              WHEREAS, the Town of East Hampton is considering the purchase in fee of approximately .3 acres of vacant land located on 5 Hampton St., Sag Harbor Village, which lands are identified on the Suffolk County Tax Map as SCTM p/o #302-2-6-5; and

 

              WHEREAS, the proposed purchase price is $520,000.00, plus survey, title, prorated tax, and recording charges; and

 

              WHEREAS, the Village, by letter dated 6/3/16 and again on 6/8/17 has encouraged the Town Board to preserve this parcel for use as a passive park using Community Preservation Funds to acquire; and

 

              WHEREAS, the purpose of said acquisition is the establishment of parks, nature preserves or recreation areas; and

 

              WHEREAS, the Town's proposed funding source is Community Preservation Funds; and

 

              WHEREAS, on February 2, 2017 (and amended via resolution on May 4, 2017) the Town Board adopted the 2017 Management & Stewardship Plan (M&S Plan) for CPF properties pursuant to Town Law 64-e (6) which requires a property to be included in this Plan in order to expense any management and stewardship costs to the Community Preservation Fund; and

 

              WHEREAS, said M&S Plan shall be in effect for calendar year 2017 with updates permitted from time to time at the discretion of the Town Board after a public hearing; and

 

              WHEREAS, this interest in real property may require management and stewardship activities; and

 

              NOW, THEREFORE, BE IT RESOLVED, that pursuant to § 247 of the General Municipal Law and § 64-e (8) of the Town Law of the State of New York, the Town Board will hold a public hearing to consider the following:

 

 

              A) The acquisition of the above described property, reputedly owned by the Christ               Episcopal Church at a cost to the Town of East Hampton not to exceed               $520,000.00 plus reasonable survey, title, prorated tax, and recording               charges

 

 

              B) An amendment to the 2017 M&S Plan to include said properties

 

Said public hearing to be held in the Town Board Meeting Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, on July 6, 2017 at 6:30 p.m. or as soon thereafter as this matter may be heard; and be it

 

              FURTHER RESOLVED, that the Town Clerk is hereby directed to publish a Notice of Public Hearing in the June 22, 2017 edition of the East Hampton Star.

 

              NOTICE OF PUBLIC HEARING

 

              TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing pursuant to § 247 of the General Municipal Law and § 64-e (8) of the Town Law of the State of New York on July 6, 2017 at 6:30 p.m. in the Town Board Meeting Room, Town Hall, 159 Pantigo Road, East Hampton, New York, or as soon thereafter as this matter may be heard, to consider the following:

 

             

              A) The Town's acquisition for the establishment of parks, nature preserves or               recreation areas, with Community Preservation Funds of property located at 5               Hampton St., Sag Harbor Village, reputedly owned by the Christ Episcopal               Church, and consisting of approximately .3 acres of land, at a cost to the Town of               East Hampton not to exceed $520,000.00 plus reasonable survey, title,               prorated tax, and recording charges, said property being described on the Suffolk               County Tax Map as p/o SCTM #302-2-6-5

 

 

              B) An amendment to the 2017 CPF Management & Stewardship Plan to include said               property

 

 

              Any person or party wishing to be heard with respect to the foregoing may do so, in person or by agent or by attorney, or by written comment addressed to the East Hampton Town Clerk, 159 Pantigo Road, East Hampton, New York 11937 and actually received by the date and time of the public hearing as set forth herein.

 

Dated:              June 15, 2017                                         

Financial Impact:

No impact for SPH NPH

 

 

RESOLUTION:              2017-690

CATEGORY:                            Securities Released

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Release Security - Road Work in UR Road Improvement Zone

 

              WHEREAS, pursuant to the New York Urban Renewal Laws, the Town Board adopted an Urban Renewal Plan governing the development of Old Filed Map areas within the Town; and

 

              WHEREAS, to ensure timely construction of roads and drainage within the urban renewal areas, the Urban Renewal Plan requires owners of individual building lots to perform a predetermined amount of roadwork at the time a building permit is sought for the lot; and

 

              WHEREAS, the Applicant listed below applied to the Town for a building permit and submitted to the Town a security to assure the completion of required roadwork; and

 

              WHEREAS, the Town Board adopted a Road Improvement Plan for the area in which the Applicant's property is located, to install road improvements to Town Highway standards pursuant to a Urban Renewal Substandard Road Zone under Chapter 639 of the Laws of 2005 (the "Road Improvement Zone"), and such road improvement zone was approved by the State, and work has commenced on such improvements; and

 

              WHEREAS, the costs of improvements will be charged to the property owners pursuant to the Road Improvement Zone, and the applicant listed below will be assessed for improvements at the rate established for vacant lots; and

 

              WHEREAS, as a result of the creation and approval of a Road Improvement Zone, work by individual property owners will not be required, and a security to assure completion of improvements by individual property owners is no longer required; now, therefore; and

 

              RESOLVED, the security held by the Town as listed below shall be returned to the applicant(s) listed below:

 

APPLICANT                                          UR PARCEL/UR PLAN                                          SECURITY

                                                        (Filed Map or SCTM#)

 

John Woudsma                            URP#108 in EH-2A                                          Bank Check 9101591477

30 Towhee Trail                            0300-136-4-31.1                                          $26,000.00

East Hampton, NY 11937                                                                                    Capital One Bank

 

RESOLUTION:              2017-691

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

CPF Budget Modification for Phase I

 

Resolved, at the request of the Director of Land Management the Budget Office is directed to make the following modification to the Community Preservation Fund budget for the purpose of funding an Phase I Environmental Assessment on property in Montauk:

 

From: Budget Line CA 1940 52702 (Land Acquisitions), in the amount of $1,500

 

To: Budget Line CA 8800 54520 (Outside Professional), in the amount of $1,500

Financial Impact:

Transfer of funds between budet lines

 

 

RESOLUTION:              2017-692

CATEGORY:                            Public Notice

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Housing

CDBG Budget Modification CHIP

 

Whereas, the Town is in possession of certain Community Development Block Grant funds   that were derived from the repayment of loans created pursuant to the Consortium Home Improvement Program (CHIP) and

 

Whereas, these funds are intended for the operation for the CHIP program and

 

Whereas, these funds were previously managed by the County on behalf of the Town but now the Town is managing the funds in house now therefore be it

 

Resolved, that the attached Budget modification is hereby adopted and the following accounts are hereby created and /or modified where applicable

 

                      CDBG0-41780 - Appropriation of CHIP Reserves                            $65,000

 

 

              CDBG8662-54065 - CHIP Expense                                                        $65,000

 

             

If anyone has any questions or comment they may be directed to Thomas Ruhle, Director of Housing at 631-267-7896 or TRuhle@EHamptonNY.gov For comments to be considered they must be received within thirty days of the publication of this notice.

 

Resolved that the Clerk is directed to publish this resolution as a public notice in the official newspaper of the Town of East Hampton.

Financial Impact:

Transfer of CDBG funds within accounts, no impact on non- CDBG budget

 

 

RESOLUTION:              2017-693

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Amend Resolution 2017-410  -  Repair Costs - Camp Hero Sanitary System

 

WHEREAS, a homeowner at Camp Hero incurred damage to pumps handling the home's septic waste as a result of conditions existing in the Camp Hero waste treatment system, which conditions are being addressed by the Town with certain upgrades and continued maintenance; and

 

WHEREAS, the Town Board authorized the payment of costs for replacement of the damaged pumps by Resolution 2017-410 adopted April 6, 2017; and

 

WHEREAS, the Contractor has submitted an invoice directly to the Town for such repairs; now, therefore, be it

 

RESOLVED, that Reosolution #2017-410 is hereby amended to provide for payment to be made directly to the Contractor, Harold McMahon Inc. on invoice #163149 in the amount of $4,535.96 and be it further

 

RESOLVED, that payment shall be made from budget account no. SS18130 54550.

 

RESOLUTION:              2017-694

CATEGORY:                            Prof. Services (Attorney, Eng., Appraisers, Cons.)

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Revise Fee Schedule - NV5 (Formerly RBA Group) - Safe Routes to School Project.

 

WHEREAS, by Resolution #2014-1257 the Town retained RBA Group/RBA - NY ("RBA") as Professional Engineers to provide professional design, engineering and survey work, including preparation of construction bid packages with regard to the Safe Routes to School Project, costs of which is being fully funded by way of a New York State Department of Transportation the Federal government; and

 

WHEREAS, RBA is now known as NV5, and NV5 will have a continued participation in the Project as it proceeds to completion; and 

 

WHEREAS, NV5 has provided the Town with a revised fee schedule for 2017, and the Town Board wishes to adopt the proposed fee schedule with regard to services rendered and to be rendered in 2017 with regard to the Safe Routes to School project; now, therefore, be it

 

RESOLVED, that the Town Board hereby adopts the attached revised 2017 fee schedule for NV5 for the Safe Routes to School Project (P.I.N. 0760.26).

 

RESOLUTION:              2017-695

CATEGORY:                            Local Law

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Take-Out Food Store Law-AH

 

WHEREAS, the Town Board held a public hearing on June 1, 2017 on Local Law Intro #10 of 2017 , to consider an amendment to Chapter 255 (Zoning) of the Town Code; and

 

WHEREAS, the Town Board has considered the comments of all submitted at the time of hearing; and

 

WHEREAS, the Town Board has considered the comments of all submitted at the time of hearing and/or during work sessions on this matter; and

 

WHEREAS, the Town Board believes that adoption of the proposed local law is in the best interests of the Town of East Hampton; and

 

WHEREAS, the adoption of this local law is an unlisted action pursuant to the State Environmental Quality Review Act (SEQRA); and

 

WHEREAS, the Town Board has prepared and considered an Environmental Assessment Form which evaluates the potential environmental impacts of the proposed amendment; and

 

WHEREAS, the Board has determined that the adoption of this Local Law shall not result in a significant negative impact upon the environment; and

 

              NOW, THEREFORE, BE IT RESOLVED, that a negative declaration is hereby made pursuant to the State Environmental Quality Review Act (SEQRA), 6 NYCRR Part 617.7; and be it further

 

RESOLVED, that the proposed local law Intro #10 of 2017 is hereby enacted to read as follows:

 

LOCAL LAW NO.   15   OF 2017

INTRODUCTORY NO. 10      OF 2017

              A Local Law, pursuant to Municipal Home Rule Law §10, providing for the amendment of Chapter 255 ("Zoning") of the East Hampton Town Code in order to amend the current definition of “fast food restaurant and drive-in restaurant,” and create a new use entitled “take-out food store” that will allow a retail store that operates as a take-out food store to have limited seating, all as more fully set forth in the text of the Local Law, said Local Law to read as follows:

BE IT ENACTED by the Town Board of the Town of East Hampton as follows:

SECTION I. - Purpose:

              It has come to the attention of the Town Board that there are a number of retail stores throughout Town that serve take-out food and that have some limited seating for customers.  According to the current Town Code, that seating is illegal.  Examples include delicatessens and bakeries that have tables either indoors or outdoors that are used for customers. These establishments already exist and lend a valuable service to the community and the Board has determined that limited seating should be legalized.

This proposal eliminates the existing definition for “fast food restaurant or drive in restaurant” and creates two new definitions, one for “fast food restaurant” and one for “take-out food store” that will allow a retail store that operates as a take-out food store to have limited seating. The number of seats permitted in this local law is based upon the number of seats set forth in the Suffolk County Sanitary Code for seating in take-out and full service food establishments. According to the Suffolk County Sanitary Code, once a take-out establishment exceeds 16 indoor seats or converts to full services, it is considered a restaurant and flow rates are calculated as such. The total number of 16 seats may be a combination of indoor and outdoor seats (e.g., 12 indoor seats and 4 outdoor seats).

SECTION II. - TOWN CODE AMENDED:

 

              Chapter 255 ("Zoning") of the East Hampton Town Code is hereby amended to read as follows:

255-1-20. Definitions.

[Only the following definitions shall be amended as indicated]

FAST-FOOD RESTAURANT or DRIVE-IN RESTAURANT -- A use in a building which consists principally of the sale of prepared food in a ready-to-eat condition, for consumption off-premises or for consumption on-premises without table service by waiters or waitresses. A use shall be deemed a fast-food restaurant or drive-in restaurant if it has one or both of the following characteristics: the facility has a drive-in or drive-through service window, at which a customer can place an order from a motor vehicle or can receive his purchase at the vehicle, or food is served primarily over the counter without table service by waiters or waitresses. This term shall not include a delicatessen or similar retail store in which the preparation and sale of ready-to-eat meals are not the principal activity of the business. See "restaurant."

RESTAURANT, FAST-FOOD or RESTAURANT, DRIVE-IN - A use in a building in which food is pre-prepared and sold over a counter in disposable containers and wrappers, selected from a limited menu for immediate consumption on or off the premises, without table service by waiters or waitresses. A fast-food restaurant may have a drive-in or drive-through service window at which a customer can place an order from a motor vehicle or can receive her purchase at the vehicle. This term shall not include a take-out food store.

RETAIL STORE - A use of land, within a building, in which goods are offered for sale to the general public as takeout items. Goods sold at a "retail store" may include hardware, drugs, food and beverages, furniture and furnishings, apparel, appliances, sporting goods, office products, books or other media, and similar products or merchandise. Minor repair service within the establishment may be undertaken in connection with product sales. See "superstore” and “take-out food store.”

TAKE-OUT FOOD STORE - A retail store wherein food and/or beverages are prepared, served and sold over a counter for immediate consumption primarily off premises, and which may have a customer sitting area. A customer sitting area shall be limited to no more than 16 seats to eat within or outside of the establishment at one time. A retail take-out food store includes, but is not limited to, delicatessens, ice cream parlors, bakeries, tea/coffee houses and specialty gourmet shops.  A retail take-out food store excludes restaurants, fast-food restaurants, drive-in or drive-through restaurants, bars and taverns.

§255-11-10.  Use Table for Commercial Uses.

See attachment.

§ 255-11-45. Schedule of Off Street Parking

Commercial

 

              (6)               RESTAURANT, FAST FOOD OR                            10 per cash register, plus one

                            RESTAURANT, DRIVE-IN                                          per 3 permanent seats, plus one

                                                                                                                per employee, plus a 6-space

                                                                                                                queuing line area per drive-in

                                                                                                                window

             

              (23)    Retail store, take-out                                          1 per 180 square feet of gross

food store, or personal service                             floor area

shop                           

             

§255-11-88.              Additional rules for particular principal and accessory uses.

TAKE-OUT FOOD STORE

(1)              Outdoor seating shall be limited to the premises. No seating shall be located off premises, on any sidewalk or walkway, unless authorized by a Town Board resolution.

(2)              A take-out food store shall not be a permitted as a second principal use on a property with a transient motel or resort use or as an accessory use to a transient motel or resort. This code section shall not apply to a transient motel or resort with a restaurant.

SECTION III. - SEVERABILITY:

              Should any part or provision of this Local Law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole nor any part thereof other than the part so decided to be unconstitutional or invalid.

SECTION IV. - EFFECTIVE DATE:

              This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.

 

RESOLUTION:              2017-696

CATEGORY:                            Local Law

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Adopt Amendment to Local Law Chapter 200-Downtown Montauk Outdoor Dining Pilot Program

 

WHEREAS, the Town Board held a public hearing on June 1, 2017, regarding “A LOCAL LAW amending Chapter 200 (Downtown Montauk Outdoor Dining Pilot Program) to remove inconsistency with New York State Law."; and

 

WHEREAS, after considering the matter and the comments of the public at the time of hearing, the Town Board believes that the enactment of this local law is in the best interests of the Town of East Hampton; and

 

WHEREAS, the proposed local law is a Type II Action pursuant to the New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617.5 and Chapter 128 of the Town Code requiring no further environmental review; and now, therefore be it

 

RESOLVED, said Local Law is hereby adopted to read as follows:

 

 

LOCAL LAW No.  _16_ of 2017

Introductory No. 12__ of 2017

 

LOCAL LAW amending Chapter 200 ((Downtown Montauk Outdoor Dining Pilot Program) to remove inconsistency with New York State Law.

 

BE IT ENACTED by the Town Board of the Town of East Hampton as follows:

 

SECTION 1.              Legislative Intent.

This legislation is intended to remove a provision that is potentially inconsistent with New York State law.

 

SECTION 2.               Amendment

Chapter 200 (Downtown Montauk Outdoor Dining Pilot Program) Article 1 Section 4 (Regulations) of the East Hampton Town Code is hereby amended to remove all provisions crossed out as follows:

 

              A.              Restaurants may move up to 20%, but in no event more than 16 seats, of their approved indoor seating capacity to the outside dining area.  The license program does not allow any expansion of the permitted maximum number of tables and seating.

 

              B.              A minimum of six (6) feet of sidewalk area shall remain free and clear at all times of obstruction.  The outdoor dining area shall be on the roadside of the minimum six foot wide sidewalk area, unless the Fire Marshal determines that the dining area can be safely maintained next to the restaurant building while still maintaining a six foot wide, unobstructed sidewalk.

 

              C.              The outdoor dining area shall be limited to the width of that portion of the building that the restaurant space occupies at its closest point to the sidewalk or street if there is no sidewalk.

 

              D.              Seating and tables shall be placed and removed each day.  Seating and tables may be set out no earlier than 7 a.m. and must be removed no later than 11:59 p.m.

 

              E.              Umbrellas and lighting are prohibited in the outdoor dining area.

 

              F.              Seating and tables in the outdoor dining area shall only be used for the consumption of food and beverage served by waitstaff of the licensed premises to seated patrons.  No consumption of takeout or other foodstuffs not served by the licensee’s waitstaff shall be permitted. 

             

              G.              The outdoor seating area must be delineated with partitions as approved by the Town Fire Marshal if alcohol is to be served.

 

 

SECTION 3.              Authority.

The proposed local law is enacted pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3) and Town Law §261.

 

SECTION 4.              Severability.

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

 

SECTION 5.              Effective Date.

This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

 

RESOLUTION:              2017-697

CATEGORY:                            Local Law

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Adopt Amendment to Local Law Chapter 255 - Clarifying Outdoor Dining at Restaurants

 

WHEREAS, the Town Board held a public hearing on June 1, 2017, regarding “A LOCAL LAW Chapter 255 (Zoning) to clarify the rights and restrictions of outdoor dining at restaurants."; and

WHEREAS, the resolution as noticed for public hearing contained language to provide guidance in the context of the limited purpose of outdoor dining at restaurants by providing examples of what did not constitute dining;

WHEREAS, this Town Board having determined that such language created confusion as to its application to the rest of the Zoning Code;

WHEREAS, the by the removal of such language the Town Board does not intend to expand the definition of Outdoor Dining to include such, but rather by removal revert to the clear definition of what dining encompasses;  

WHEREAS, having removed such language by proper amendment prior to the public hearing with notice of such amendment at the public hearing;

WHEREAS, after considering the matter and the comments of the public at the time of hearing, the Town Board believes that the enactment of this local law with the amendment reflected below is in the best interests of the Town of East Hampton; and

WHEREAS, the adoption of this local law is an unlisted action pursuant to the State Environmental Quality Review Act (SEQRA); and

 

WHEREAS, the Town Board has prepared and considered an Environmental Assessment Form which evaluates the potential environmental impacts of the proposed amendment; and

 

WHEREAS, the Board has determined that the adoption of this Local Law shall not result in a significant negative impact upon the environment; and now, therefore be it

RESOLVED, said Local Law is hereby adopted to read as follows:

LOCAL LAW No.  _17_ of 2017

Introductory No. 11__ of 2017

LOCAL LAW amending Chapter 255 (Zoning) to clarify the rights and restrictions regarding outdoor dining at restaurants.

BE IT ENACTED by the Town Board of the Town of East Hampton as follows:

 

SECTION 1.              Legislative Intent.

This legislation is intended to clarify when a restaurant may devote a percentage of its indoor seating capacity to outdoor seating for dining.

 

SECTION 2. Amendment

Chapter 255 (Zoning) Article 1 (General Provisions) Section 20 (Definitions) of the East Hampton Town Code is hereby amended to remove all provisions crossed out as follows:

RESTAURANT

A use in a building having as its sole purpose the preparation and serving of food for consumption on the premises within furnished dining areas, and including as a possible accessory the serving of alcoholic beverages with meals. Musical entertainment may be permitted with a music entertainment permit issued pursuant to and subject to the regulations contained in Chapter 117 of the Town Code. Outdoor musical entertainment is only allowed from 1:00 p.m. through 9:00 p.m., unless such musical entertainment is part of a "catered affair" as herein defined or part of a mass gathering permit issued pursuant to Chapter 151 of the Town Code. The permanent or temporary removal or relocation of tables and chairs from an establishment to permit dancing or the establishment of an area for dancing shall constitute a nightclub use subject to the applicable provisions of this chapter, unless the event held at the restaurant is approved as a "mass gathering" pursuant to Chapter 151 ("Mass Gatherings") of this Code or is a "catered affair" as defined herein. A "restaurant" shall not be construed to include any form of drive-in, open-front or curb-service eating establishment or any form of nightclub or similar entertainment establishment. Outdoor dining area shall be permitted only along with indoor dining, and the outside use may not exceed 30% of the area of the permitted enclosed use on the lot.

SECTION 3. Amendment

Chapter 255 (Zoning) Article 11 (Uses and Dimensions) Section 88 (Additional rules for particular principal and accessory uses.) of the East Hampton Town Code is hereby amended to add in proper alphabetic order, the underlined words as follows:

OUTDOOR DINING AT RESTAURANTS

(1)              Outdoor dining may only be approved for restaurants that are approved for, and along with, indoor dining unless otherwise contained on a site plan approved by the planning board. Outdoor dining is limited only to tables and chairs for the service of restaurant food and beverages incidental to the service of food. 

(2)               Outdoor dining is allowed without additional site plan review if the following conditions are met:

(a)              Outdoor seating is limited to 30% of the approved indoor seating capacity (number of seats), with the indoor seating capacity reduced by the outdoor seating so that the total approved seating remains the seating capacity allowed by the site plan or if no site plan exists, the seating capacity determined by the Fire Marshal as part of the restaurant’s Place of Assembly Permit pursuant to §141-9(19).

(b)              A seating plan for both indoor and outdoor seating must be filed with the Fire Marshal as part of the restaurant’s Place of Assembly Permit pursuant to §141-9(19), and the Fire Marshal must approve the location of the outdoor seating as consistent with health and safety concerns addressed in the Town Code as well as the New York State Uniform Fire Prevention and Building Code as defined by New York State Codes, Rules and Regulations Title 19, Section 1219.1.

(3)              Outdoor dining may also be considered in a site plan review pursuant to §255-6-30(B), and in such case outdoor dining need not be limited by 30% of the approved indoor seating, but is limited by the property owner’s compliance with any increases in site parking requirements or a requirement of approval of the wastewater disposal system by the Suffolk County Department of Health Services. When approval for outdoor dining is permitted pursuant to site plan review, reduction of indoor dining is not necessarily required, but a seating plan for both indoor and outdoor seating must be filed with the planning board.

 

SECTION 4. - Authority.

The proposed local law is enacted pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3) and Town Law §261.

 

SECTION 5. - Severability.

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

 

SECTION 6. - Effective Date.

This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

 

RESOLUTION:              2017-698

CATEGORY:                            Local Law

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Dayton Authorize CPF Project Plan Addition

 

Dayton Projet Plan Addition Authorizing Resolution

 

              WHEREAS, a public hearing was held by the Town Board of the Town of East Hampton on June 1, 2017 at 6:30 p.m., regarding a Local Law adopting a revised "Community Preservation Project Plan," pursuant to Section § 64-e of the New York Town Law, which provides for the preservation of open space, historic places, and recreational areas within the Town of East Hampton, including the incorporated villages therein, to include lands reputedly owned by Ralph L. Dayton Executor, and identified on the Suffolk County Tax Map as 301-2-2-27.1, 27.2 & 36, all as more fully set forth in the text of the Local Law; and

 

              WHEREAS, the Town Board has considered the comments of all persons regarding this Local Law, both as submitted in writing and as presented orally at the public hearing; and

 

              WHEREAS, the Town Board has prepared and considered Environmental Assessment Forms which evaluate the potential environmental impacts of the proposed Local Law; and

 

              WHEREAS, the Board has determined that the adoption of this Local Law will not have a significant negative impact upon the environment; and

 

              WHEREAS, the acquisition of this property is considered an unlisted action pursuant to the New York State Environmental Quality Review Act (SEQRA) and chapter 128 Environmental Review, of the Town Code; and

 

              NOW, THEREFORE, BE IT RESOLVED, that a negative declaration is hereby made pursuant to the State Environmental Quality Review Act (SEQRA); and

 

              BE IT FURTHER RESOLVED, that the said Local Law is hereby enacted to read as follows:

 

                            LOCAL LAW NO. 18    OF 2017

                            INTRODUCTORY NO. 18   OF 2017

 

A Local Law providing for the adoption of a revised "Community Preservation Project Plan," pursuant to Section § 64-e of the New York Town Law, which provides for the preservation of open space, historic places, and recreational areas within the Town of East Hampton, including the incorporated villages therein, to include lands reputedly owned by Ralph L. Dayton Executor, and identified on the Suffolk County Tax Map as 301-2-2-27.1, 27.2 & 36, All as more fully set forth in the text of the Local Law, said Local Law to read as follows:

 

              BE IT ENACTED by the Town Board of the Town of East Hampton as follows:

 

SECTION I. - FINDINGS AND OBJECTIVES:

 

              This local law adopts a revised "Community Preservation Project Plan" pursuant to Section § 64-e of the New York Town Law.  The revised plan supplants the Community Preservation Project Plan which was first adopted by the Town Board on August 4, 1998 and adopted as revised on July 7, 2011 and which continues to list all properties whose preservation is necessary to the preservation of the community character of the Town of East Hampton.

 

              The Town Board would like to amend the plan as most recently adopted on July 7, 2011 to add approximately 2.78 acres of land reputedly owned by Ralph L. Dayton Executor located on 14 & 16 Pleasant Ln. and 25 Muchmore Ln., East Hampton Village, and identified on the Suffolk County Tax Map as 301-2-2-27.1, 27.2 & 36 for the following reasons:

These parcels abut the playground at 71 Newtown Lane, as well as a parking area on Gingerbread Lane, which has a pedestrian pathway connecting both.  These parcels are of significant size, and represent a rare opportunity for the expansion of Herrick Park.  These parcels are also within the Hook Pond watershed:

These parcels meet the criteria set forth in Town Law 64-e (4) that establishes and helps define what the preservation of community character involves.

 

 

 

 

SECTION II. - COMMUNITY PRESERVATION PROJECT PLAN ADOPTED:

 

              For the reasons set forth in Section I hereof, the Town Board hereby approves and adopts the addition of approximately 2.78 acres of land reputedly owned by Ralph L. Dayton Executor located on 14 & 16 Pleasant Ln. and 25 Muchmore Ln., East Hampton Village, and identified on the Suffolk County Tax Map as 301-2-2-27.1, 27.2 & 36 to the list of Open Space Recommendations in the "Community Preservation Project Plan" prepared by the Town Planning Department and dated July 7, 2011, said plan being intended to constitute, in its revised form, the community preservation project plan which is required by Section § 64-e of the New York Town Law and Article I ("Community Preservation Fund") of the East Hampton Town Code.

 

SECTION III. - SEVERABILITY:

 

              Should any part or provision of this Local Law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole nor any part thereof other than the part so decided to be unconstitutional or invalid.

 

SECTION IV. - EFFECTIVE DATE:

 

              This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.

                            _________________________________

 

              AND BE IT FURTHER RESOLVED, that, as required by Town Law Section § 64-e (6), the Town Clerk is directed to forward copies of this resolution together with copies of the revised Community Preservation Project Plan dated June 1, 2017 to the following State agencies:

 

              Commissioner, New York State Office of Parks, Recreation, and Historic Preservation,

                20th Floor, Agency Bldg. #1, Empire State Plaza, Albany, New York 12238;

 

              Commissioner, New York State Department of Environmental Conservation,

                625 Broadway, Albany, New York 12233-1010; and

 

              Commissioner, New York State Department of Agriculture and Markets,

                1 Winner's Circle, Albany, New York 12235.

 

 

DATED: June 1, 2017                                           BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF EAST HAMPTON, NEW YORK

 

                                                                                    CAROLE BRENNAN, TOWN CLERK

Financial Impact:

No impact for project plan addition

 

 

RESOLUTION:              2017-699

CATEGORY:                            Acquisitions

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Dayton Authorize CPF Acquisition and Amend 2017 M&S Plan

 

AUTHORIZE CPF ACQUISITION

 

 

Purported Owner:              Ralph L. Dayton Executor

Location:                            14 & 16 Pleasant Lane and 25 Muchmore Lane, East Hampton                                           Village

SCTM #:                            301-2-2-27.1, 27.2 and 36

 

              WHEREAS, pursuant to § 247 of the General Municipal Law of the State of New York, the Town Board held a public hearing on June 1, 2017 to consider acquisition of approximately 2.37 acres of vacant land located on 14 & 16 Pleasant Lane, and the purchase of a Life Estate on approximately .41 acres of vacant land located on 25 Muchmore Lane, all three parcels being within the Village of East Hampton, which lands are identified on the Suffolk County Tax Map as SCTM #301-2-2-27.1, 27.2 and 36 respectively; and

 

              WHEREAS, the purported owner has expressed a willingness to sell the above referenced property to the Town for the proposed purchase price of $4,600,000.00, plus survey, title, prorated tax, and recording charges; and

 

              WHEREAS, the purpose of said acquisition is the establishment of parks, nature preserves or recreation areas; and

 

              WHEREAS, the acquisition of the subject property is classified as a Type II Action pursuant to the State Environmental Quality Review Act (SEQRA); and

 

              WHEREAS, the Town Board finds, pursuant to § 64-e (8) of the New York Town Law, that acquisition of the subject property by purchase is the best alternative, of all reasonable alternatives available to the Town, for protection of the community character of the Town of East Hampton; and

 

              WHEREAS, on February 2, 2017 (and amended via resolution on May 4, 2017) the Town Board adopted the 2017 Management & Stewardship Plan (M&S Plan) for CPF properties pursuant to Town Law 64-e (6) which requires a property to be included in this Plan in order to expense any management and stewardship costs to the Community Preservation Fund; and

 

              WHEREAS, said M&S Plan shall be in effect for calendar year 2017 with updates permitted from time to time at the discretion of the Town Board after a public hearing; and

 

              WHEREAS, this interest in real property may require management and stewardship activities; and

 

              NOW, THEREFORE, BE IT RESOLVED, that the Supervisor is hereby authorized and directed to enter into a contract of sale with the record owner of the subject property, reputedly Ralph L. Dayton Executor, for the purpose of acquiring said property at a cost to the Town of East Hampton not to exceed $4,600,000.00, plus reasonable survey, title, prorated tax, and recording charges; and be it further

 

              RESOLVED, that pursuant to contract the Supervisor is authorized and directed to execute any documents and the Town Budget Officer is directed to pay the purchase price and any and all reasonable survey, title, prorated tax, and recording charges, as may be necessary to effect the transfer of title; and be it further

 

              RESOLVED, that the 2017 Management and Stewardship Plan is amended to include the above referenced property; and be it further

 

              RESOLVED, that pursuant to § 64-e of the New York Town Law, the acquisition of subject property also includes the acquisition of development rights and the right of the Town Board to transfer such rights at a future date; and be it further             

 

              RESOLVED, the monies to be expended for purchase of the foregoing property shall be drawn from the Town of East Hampton Community Preservation Fund Budget Account.

Financial Impact:

$4,600,000 plus closing costs from CPF budget account

 

D.              COUNCILMAN OVERTON

 

RESOLUTION:              2017-700

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Human Resources

Appoint Anne Bell Part Time Senior Clerk Typist in the Human Resource Department

 

RESOLVED, that Anne Bell be and is hereby appointed part time senior clerk typist in the Human Resource department at the hourly salary of $22.00 to be paid bi-weekly from budget account A1315-51200 upon proper submission of time records effective June 20, 2017.

 

RESOLUTION:              2017-701

CATEGORY:                            Budget

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Bookkeeping

Budget Modification - Justice Court

 

Resolved, that at the request of the Justice Court Clerk the Budget Office is directed to make the following modification to the 2017 Justice Court budget:

 

From A1110-54200 (Travel)  $650 to A1110-54600 (Uniforms)

 

RESOLUTION:              2017-702

CATEGORY:                            Budget

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Bookkeeping

Budget Modification - Assessor

 

Resolved, at the request of the chief Assessor the Budget Office is directed to make the following modification to the 2017 Operating Budget to fund the S.A.M project:

 

From A1355-52100 $400 (Furniture)

From A1355-52200 $3,000 (Office Equipment)

From A1355-54400 $800 (Lease of Equipment)

 

To: A1355-54500 (Subcontractor)

 

RESOLUTION:              2017-703

CATEGORY:                            Budget

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Bookkeeping

Budget Modification - Miscellaneous Payments

 

Whereas, the Town has performed installation repairs to the generator at the Retreat, and

 

Whereas, the cost of the repair was slightly higher than originally anticipated, now therefore be it

 

Resolved, that the Budget Office is directed to make the following modification in the 2017 Operating Budget to pay for the installation repair:

 

From A1990-54980 (Contingency) $1,500 to A1930-54101 (Miscellaneous Payments)

 

RESOLUTION:              2017-704

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Human Resources

Authorize Payment for 2016 Alere EScreen Invoices

 

Whereas, the Town has received invoices from Alere eScreen for services provided in 2016, and,

 

Whereas, the Town Clerk's office reviewed the invoices and confirms they have not been paid, now therefore be it

 

Resolved, that the Budget Office pay the outstanding 2016 invoices for Alere eScreen in the amounts of $156.00 and $189.50 for a total payment of $345.50 payable from budget account A1315-54500 upon properly submitted vouchers.

 

RESOLUTION:              2017-705

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Human Resources

Authorize Payment of 2016 Sterling Talent Solutions Invoices

 

Whereas, the Town has received invoices from Sterling Talent Solutions (ABSO) for services provided in 2016, and,

 

Whereas, the Town Clerk's office reviewed the invoices and confirms they have not been paid, now therefore be it

 

Resolved, that the Budget Office pay the outstanding 2016 invoices for Sterling Talent Solutions (ABSO) in the amounts of $182.00, $273.00 and $385.00 for a total payment of $840.00 payable from budget account A1315-54500 upon properly submitted vouchers.

E.              SUPERVISOR CANTWELL

 

RESOLUTION:              2017-706

CATEGORY:                            Prof. Services (Attorney, Eng., Appraisers, Cons.)

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Professional Filing Services- Town Attorney's Office

 

RESOLVED, that the services of Gerald Weinberg, P.C. Attorneys at Law, are hereby retained for the service of process upon the Secretary of State for enforcement proceedings , as needed by the Town Attorney's Office, at a cost of $15.00 plug $10.00 filing fee, for a total cost of $25.00 per service, payable from budget account #A1420-54520.

 

RESOLUTION:              2017-707

CATEGORY:                            Amendment

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Bookkeeping

Amend the Town's Credit Card Policy

 

RESOLVED, the Town of East Hampton Credit Card Policy shall be amended to include the text in Red below

 

TOWN OF EAST HAMPTON

CREDIT CARD POLICY

 

PURPOSE:

The Town Board authorizes the Budget Officer to obtain a credit card to be issued in the name of the Town of East Hampton's Budget Officer, which will be used in accordance with the procedures listed below, to purchase for approved town purchases ( as outlined in the Town's Procurement Policy) , when properly authorized by the Budget Officer. The card will remain in the physical custody of the Town Budget Officer and use of the card for any Town purchase of goods or services must be authorized by the Town Budget Officer. Any additional credit cards must be approved by the Town Board prior to issuance.

CREDIT CARD USE:

When a purchase of goods or services requiring a credit card form of payment arises, the Department Head will notify the Budget Officer by email cc'd to the Purchasing Agent/Dept of the requirement. The Department Head will then prepare a purchase order request, in compliance with the Town's adopted Procurement Policy; the vendor shall be the credit card company. Upon the issuance of the purchase order, the Department Head will then complete a Credit Card Transaction Authorization Form (attached in appendix A), Indicating the details of the purchase, the PO #, and the Justification for the use of the credit card, which must be approved by the Budget Officer. Upon authorization, the Department Head make arrangements with Finance Staff to complete the purchase and process the transaction using the credit card.  Finance will retain a master log with copies of all authorized transaction.

NOTE: this procurement card will not be used for employee travel costs, which will continue to be reimbursed according to the Employee Travel Reimbursement Policy .

 

ACCOUNTING AND RECONCILIATION:

The Finance Department will be responsible for the monthly reconciliation of the credit card statement to the authorized charges.  The Finance department will then proceed to record the transactions, and process the payment of the monthly statement. Any discrepancies or unauthorized charges will be disputed.

 

RESOLUTION:              2017-708

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Bookkeeping

Amend 2017-18-19 Capital Plan

 

Whereas, on April 20, 2017 the Town Board adopted the 2017-18-19 Capital Plan, and

 

Whereas, from time to time plans require updates based on new projects and items to be acquired, now therefore be it

 

Resolved, that the Budget Office is directed to make the following modification to the 2017-18-19 Capital Plan:

 

Add an item entitled "Refurbishing/Addition to the Montauk Playhouse" for $3,000,000 for 2019 (to be used to build a pool facility, and other space for various activities with additional funds coming from private donations gathered by the Montauk Playhouse Committee).

 

RESOLUTION:              2017-709

CATEGORY:                            Permissive Referendum

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Approve Lease  - New Cingular Wireless -  260 Springs Fireplace Road

 

WHEREAS, the Town is the owner of property at 260 Springs Fireplace Road, East Hampton (SCTM #0300-145.00-03.00-016.001); and

 

WHEREAS, with the intention of eventually eliminating the existing lattice communications tower at 258 Springs Fireplace Road, the Town Board has considered the lease of a portion of 260 Springs-Fireplace Road to New Cingular Wireless LLC ("New Cingular" or "Tenant") for the construction of a new monopole tower and equipment building; and

 

WHEREAS, New Cingular has obtained site plan approval for the construction of a monopole communications tower and equipment building at 260 Springs Fireplace Road, and the Town and New Cingular have negotiated a lease for approximately 100 ft. x 150 feet of area with rights of access, for construction of the monopole tower and equipment building, and

 

WHEREAS, the parties have agreed that the initial lease shall be for a term of five (5) years, with an option on the Tenant's part to renew the lease for two (2) additional five (5) year periods; and

 

WHEREAS, the Tenant will pay the Town for the aforementioned lease the sum of $4,000 per month; during the initial five (5) year term, with rent increasing by twenty (20%) percent at the beginning of each extension term; and

 

WHEREAS, pursuant to the lease agreement, the Town shall have the right to utilize and/or lease the remaining areas of the communications tower as it deems appropriate; now, therefore, be it

 

RESOLVED, that the Supervisor, subject to permissive referendum, is authorized to enter into a lease, subject to the approval of the Town Attorney, with New Cingular Wireless PCS, LLC, for an area of approximately 100 ft. x 150 ft. at 260 Springs Fireplace Road, East Hampton, together with rights of access, and the right to construct a monopole communications tower and equipment building and locate and maintain its antennas and equipment thereon, at an initial lease rate of $4,000 per month, with two (2) five (5) year renewal periods, with rent increasing by twenty (20%) percent at the beginning of each renewal term;

 

NOTICE IS HEREBY GIVEN that the Town Board of the Town of East Hampton, County of Suffolk, State of New York, at meeting hereof held on June 15, 2017 duly adopted a resolution, an abstract of which follows:

 

              A resolution, subject to permissive referendum, authorizing the lease of approximately 100 ft. x 150 ft. of space at 260 Springs-Fireplace Road, East Hampton (SCTM #0300-145.00-03.00-016.001) with rights of access, to New Cingular Wireless PCS, LLC for the construction of a monopole communications tower and equipment building, and installation and maintenance of cellular equipment, for the initial lease rate of $4,000.00 per month, for an initial term of five (5) years, with two (2) five (5) year renewals, with rent increasing by twenty (20%) percent at the beginning of each renewal term.  The Town shall have the right to utilize and/or lease all remaining space on the communication tower as it deems appropriate.

 

 

                                                                                                  BY ORDER OF THE TOWN BOARD

                                                                                                  TOWN OF EAST HAMPTON

                                                                                                  CAROLE BRENNAN             

                                                                                                  TOWN CLERK

 

RESOLUTION:              2017-710

CATEGORY:                            Grants

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Bookkeeping

Authorize Department of Homeland Security (FEMA), Port Security Grant Program Application to Teach and Attend SMPVOC Training Program

 

WHEREAS, the Department of Homeland Security has announced the availability of funds through the Fiscal Year 2017 Port Security Grant Program (PSGP) to achieve the National Preparedness Goal of a secure and resilient Nation; and

 

WHEREAS, The Town of East Hampton Police and Marine Patrol would like to submit an application to teach and attend Standard Marine Patrol Vessel Operator Training Program to assist in the efforts to build and sustain core capabilities across Prevention, Protection, Mitigation, Response and Recovery Missions; and

 

WHEREAS , The Town will work with the Local Fire Departments, the East End Maritime Law Enforcement Task Force, and the United States Coast Guard, to assist in said efforts; and

 

WHEREAS, the projected cost of the total project (training) is $24,962.32, and the Town is requesting funds from PSGP in the amount of $24,962.32 (no match required); now therefore be it

 

RESOLVED, that the Town Board Authorizes the Town Supervisor to submit said grant application, on behalf of the Police and Marine Patrol, to the Port Security Grant Program.

 

RESOLUTION:              2017-711

CATEGORY:                            Bids Accepted

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Purchasing

Accept Bid #EH17-010 - Mold Remediation at Police Headquarters - Pure Environmental, Inc.

 

WHEREAS, the Town Board solicited a bid for Mold Remediation at Police Headquarters, Bid No. EH17-010; and

 

WHEREAS, the bid of Pure Environmental, Inc. in the amount of $36,500.00 was the lowest bid received meeting the bid specifications and being in proper form; and

 

WHEREAS, the bids submitted have been reviewed by Tom Talmage, Town Engineer and Jeanne Carroza, CPPB the Town's Purchasing Agent; and have recommended the award of the bid to the lowest responsive, responsible bidder; now, therefore, be it

 

RESOLVED, that the Supervisor is authorized to execute any and all documents necessary to memorialize said work for the Mold Remediation at Police Headquarters; now, therefore be it

 

RESOLVED, that the bid of Pure Environmental, Inc., in the amount of $36,500.00, from fund HA 3120-52606-17035 is hereby accepted, and the Purchasing Agent is hereby authorized to issue purchase orders in accordance with the Town's bid specifications and the bid submission of the contractor.

Financial Impact:

HA -3120-52606.17035 in the amount of  $36,500.00

 

 

RESOLUTION:              2017-712

CATEGORY:                            Bids to Notice

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Purchasing

RFP #EH2017-107- Professional GASB 45 OPEB Actuarial Services  Proposal Available June 22, 2017 - Proposal Due July 13, 2017

 

WHEREAS, the Town of East Hampton wishes to obtain services through a Request for Proposal for Professional GASB 45 OPEB Actuarial Services; now, therefore be it

 

RESOLVED, as per the request of the user Department, the Purchasing Department be and hereby is authorized to advertise for the Proposal as per the following:

 

                                                        Request for Proposals

 

TAKE NOTICE, that sealed proposals will be received by the Purchasing Agent, Purchasing Department 159 Pantigo Road on Thursday July 13, 2017 no later than 3:00 p.m. prevailing time.

 

Specifications are available at the Purchasing Department Office and may be picked up between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, (except Holidays) beginning June 22, 2017.  These proposals have met with approval of the Purchasing Department.

 

The Town Board of the Town of East Hampton reserves the right to waive any informalities in proposals received, and/or reject any or all proposals.

 

And, be it further

 

RESOLVED, that the following proposals shall be received by the purchasing Agent by 3:00 p.m. on the date noted above, at which time be publicly read aloud:

 

RFP #                            Name                                                                                    Opening Date                           

EH2017-107              Professional GASB45 OPEB                                           July 13, 2017

                            Actuarial Services             

 

; and, be it further

 

RESOLVED, that the Town reserves the right to reject any and all proposals.

 

RESOLUTION:              2017-713

CATEGORY:                            Bids Accepted

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Purchasing

Accept Bid #EH17-027 - Baker House Site Work -  South Fork Asphalt

 

WHEREAS, the Town Board solicited a public works bid for the Baker House Site Work Project, Bid No. EH17-027; and

 

WHEREAS, the bid of South Fork Asphalt in an amount of $94,000.00 was the lowest bid received meeting the bid specifications and being in proper form; and

 

WHEREAS, the bids submitted have been reviewed by Matthew Jedlicka, Associate, L.K. Mclean Associates, P.C., Project engineers and Jeanne Carroza, CPPB the Town's Senior Purchasing Agent; and have recommended the award of the bid to the lowest responsive, responsible bidder; now, therefore, be it

 

RESOLVED, that the Supervisor is authorized to execute any and all documents necessary to memorialize said work for the Baker House Site Work project; and, be it further

 

RESOLVED, that the bid of South Fork Asphalt in the total amount of $94,000.00 from fund #HA1620-52001-14057 is hereby accepted, and the Purchasing Agent is hereby authorized to issue purchase orders in accordance with the Town's bid specifications and the bid submission of the contractor.

Financial Impact:

HA1620-52001-14057 - $94,000.00

 

 

RESOLUTION:              2017-714

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Bookkeeping

Pay Out Michael Seitz

 

WHEREAS, the P.B.A. Contract specifies that a police officer, upon retirement, shall receive compensation for unused sick days, vacation days and appropriate compensation for Holidays and Night Differential, and

 

WHEREAS, Michael Seitz, retired effective at the close of business on May 31, 2017, and be it further

 

RESOLVED, that the Supervisor is directed to issue Michael Seitz final check  in the amount of $ 89,411.37 representing the following:

 

  

                180.0    Accumulated sick days (calculated per contract)

                 35.5    Accumulated vacation days

                  5.6    Accumulated personal day

                                 10.0              Holiday pay and Pro-Rated clothing allowance               

                

and be it further,            

 

RESOLVED, that a copy of this resolution be forwarded to the

Personnel Officer, Town Budget Office, Chief Sarlo and

________________________.

 

RESOLUTION:              2017-715

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Bookkeeping

Budget Modification - Town Transportation Program

 

Whereas, the Town is receiving a $100,000 State Grant to conduct a pilot transportation program for the summer season, and

 

Whereas, that program will run from June 28 through the end of the Labor Day weekend and will be contracted out to a local transportation (bus) vendor, now therefore be it

 

Resolved, that the Budget Office is directed to make the following modification to the 2017 Town Operating Budget to establish the appropriate revenue and expenditure accounts needed to financially manage the program:

 

Create Revenue Line A0-43656 - (State Grant -Transportation) $100,000

Create Expenditure Line A8991- 54599 (Subcontractor - Transportation) $100,000

 

RESOLUTION:              2017-716

CATEGORY:                            Bids Accepted

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Purchasing

Accept Proposal -  RFP# EH2017-106 - Implementation of Specialized Bus Services for Montauk -  Hampton Hopper LLC.

 

WHEREAS, the Town Board solicited proposals for Implementation of Specialized Bus Services for Montauk; and

 

WHEREAS, the proposal of Hampton Hopper LLC, was the proposal received which best met the proposal guidelines and being in proper form; now, therefore be it

 

RESOLVED, that at the recommendation of the consulting engineer, Vin Corrado of LK McLean Associates, Jeanne Carroza, Senior Purchasing Agent and the evaluation committee, the proposal of Hampton Hopper LLC is hereby accepted, and be it further

 

RESOLVED, that the Town Supervisor is hereby authorized to enter into an Agreement with Hampton Hopper LLC for the provision of services in accordance with the Contractor's response to the Request for Proposals, said agreement to be subject to the review and approval of the Town Attorney. 

F.              ADDITIONAL RESOLUTIONS

 

RESOLUTION:              2017-717

CATEGORY:                            Local Law

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Adopt Amendment to Local Law Chapter 226 to Include TNC Information

 

WHEREAS, the Town Board held a public hearing on June 15, 2017, regarding "A LOCAL LAW amending Chapter 226 (Taxicabs and Vehicles for Hire) to include information regarding Transportation Network Companies.”; and

WHEREAS, after considering the matter and the comments of the public at the time of hearing, the Town Board believes that the enactment of this local law is in the best interests of the Town of East Hampton; and

WHEREAS, the proposed local law is a Type II Action pursuant to the New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617.5 and Chapter 128 of the Town Code requiring no further environmental review; and now, therefore be it

RESOLVED, said Local Law is hereby adopted to read as follows:

 

 

LOCAL LAW No. 19 of 2017

Introductory No. 14 of 2017

 

A LOCAL LAW amending Chapter 226 (Taxicabs and Vehicles for Hire) to include information regarding Transportation Network Companies.

 

BE IT ENACTED by the Town Board of the Town of East Hampton as follows:

 

 

SECTION 1.              Legislative Intent.

This legislation is intended to include information regarding Transportation Network Companies - e-hail ride services - in the Town Code so that the Code can continue to be enforced.

 

SECTION 2. Amendment

Chapter 226 (Taxicabs and Vehicles for Hire) Article 2 (Definitions) of the East Hampton Town Code is hereby amended to add the underlined words, and in proper alphabetic order, add the underlined terms and definitions as follows:

 

TAXICAB

Any motor vehicle engaged in the business of transporting persons for hire, except:

A.               Private vehicles not engaged in the business of transportation for hire;

B.               Vehicles subject to the provisions of the Public Service Law or Transportation Corporations Law;

C.                Vehicles under an express written contract to provide transportation for weddings, funerals, or similar functions;

D.              Vehicles engaged in the transportation of hotel guests and employees only;

E.               Vehicles for hire engaged in transportation from a point within the Town to a point outside the Town, or from a point outside the Town to a point within the Town, or from a point outside the Town, through the Town, and to a point beyond the Town;

F.                Club vehicles engaged in the transportation of club members only; and

G.                Vehicles for hire engaged in transportation upon a defined route under a franchise agreement therefor from the Town of East Hampton during specified hours of operation.

H.              A TNC Vehicle as defined under Article 44-B of the New York State Vehicle and Traffic Law.

TNC

As defined under Article 44-B of the New York State Vehicle and Traffic Law. A Transportation Network Company licensed pursuant to New York State Vehicle and Traffic law Article 44-B operating in New York State exclusively using a digital network to connect transportation network company passengers to transportation network company drivers who provide transportation network company prearranged trips.

TNC Driver

As defined under Article 44-B of the New York State Vehicle and Traffic Law. An individual permitted by a TNC to use a TNC vehicle to offer or provide a TNC prearranged trip to TNC passengers upon connection through a digital network controlled by a TNC in exchange for compensation or payment of a fee, as authorized under Article 44-B of the New York State Vehicle and Traffic Law. May not solicit or accept street hails.  May not accept cash payments from passengers.

TNC Passenger

As defined under Article 44-B of the New York State Vehicle and Traffic Law. A person or persons who use a TNC’s digital network to connect with a TNC driver who provides TNC prearranged trips to the passenger in the TNC vehicle between points chosen by the passenger.

TNC Prearranged Trip

 

As defined under Article 44-B of the New York State Vehicle and Traffic Law. Provisions of transportation by a TNC driver to a passenger provided through the use of a TNC’s digital network. Does not include the use of a taxicab as defined above. Does not include street hails.

TNC Vehicle

As defined under Article 44-B of the New York State Vehicle and Traffic Law. A vehicle that is used by a TNC driver to provide a TNC prearranged trip as authorized by Article 44-B of the New York State Vehicle and Traffic Law. Does not include a taxicab as defined above.

 

SECTION 3. Amendment

Chapter 226 (Taxicabs and Vehicles for Hire) Article 3 (Business License) of the East Hampton Town Code is hereby amended to add the underlined words as follows:

 

It shall be unlawful for any person to engage in the business of transporting people for hire by taxicab, from point to point within the confines of the Town of East Hampton, without having first obtained a license to conduct such business from the Town Clerk.  It shall be unlawful for any person to engage in the business of transporting people as a TNC from point to point within the confines of the Town of East Hampton, unless fully compliant with the provisions of New York State Vehicle and Traffic Law Article 44-B.

 

SECTION 4. Amendment

Chapter 226 (Taxicabs and Vehicles for Hire) Article 4 (Taxicab License) of the East Hampton Town Code is hereby amended to add the underlined words as follows:

 

It shall be unlawful for any person to operate or permit to be operated a taxicab, from point to point within the confines of the Town of East Hampton, without having first obtained therefor a taxicab license from the Town Clerk. All taxicabs licensed by the Town of East Hampton shall have livery, TLC, T- or taxicab license plates as issued by the New York State Department of Motor Vehicles. It shall be unlawful for any person to operate a TNC vehicle, from point to point within the confines of the Town of East Hampton, unless fully compliant with the provisions of New York State Vehicle and Traffic Law Article 44-B.

 

SECTION 5. Amendment

Chapter 226 (Taxicabs and Vehicles for Hire) Article 5 (Taxicab Driver’s License) of the East Hampton Town Code is hereby amended to add the underlined words as follows:

 

It shall be unlawful for any person to drive or operate or, as an owner, to allow any person to drive or operate a taxicab or other motor vehicle engaged in transportation of persons, for hire, from point to point within the confines of the Town of East Hampton, without having first obtained a taxicab driver's license to drive or operate such a taxicab from the Town Clerk. . It shall be unlawful for any person to operate as a TNC driver, from point to point within the confines of the Town of East Hampton, unless fully compliant with the provisions of New York State Vehicle and Traffic Law Article 44-B.

 

SECTION 6. Amendment

Chapter 226 (Taxicabs and Vehicles for Hire) Article 10 (Duties of owners) of the East Hampton Town Code is hereby amended to remove all provisions crossed out as follows:

 

A.              It shall be the duty of every owner of a taxicab subject to the provisions of this chapter to, and it shall be a violation of this chapter for failing to comply with, the following:

(1)              Inspect and repair all damage or malfunction to or in the taxicab each week. All said repairs and maintenance to the taxicab shall not be made while the vehicle is on the public street, public way or public place.

(2)              Not allow the taxicab to be used in business if not in proper working condition.

(3)              Equip and maintain each taxicab with:

(a)               All-season tires or snow tires when there is snow or ice on the streets.

(b)              Interior lights, under the control of the driver, which shall fully illuminate the passenger area when a passenger is boarding or alighting from the vehicle.

(c)              Vehicle identification. The exact name and telephone number of the business license under which the taxicab is being operated, and the car or vehicle number, shall be conspicuously lettered on each longitudinal side of the exterior of the vehicle in letters at least five inches in height.

(4)              Not allow any unlicensed taxicab driver or other unauthorized person to operate the taxicab, and not lease, assign, or otherwise transfer his or her taxicab license nor enter into an arrangement with a taxicab driver (licensed under § 226-5) whereby the taxicab business provides a taxicab license (pursuant to § 226-4) to the driver for compensation. The transfer of ownership of a vehicle from a driver to the business that employs such driver shall be presumptive evidence of a prohibited arrangement.

(5)              Maintain the driver's fare record, which has been delivered to the owner, for a period of one year. If the driver fails to deliver the fare record to the owner, the owner shall request the record from the driver and, if still not delivered, shall inform the Town Clerk of the driver's failure to provide the fare record. The owner shall make such record available to the Town Clerk (or her designee) immediately upon demand.

(6)              Report to the Town Clerk the loss or the theft of the taxicab license, in writing, within 24 hours.

(7)              Conspicuously and securely post and maintain a fare schedule within the taxicab and forward a copy thereof to the Town Clerk.

(8)              Maintain a physical business office within the Town of East Hampton with a proper certificate of occupancy for the taxicab business office required by § 226-3D.

(9)              Ensure that the identification stickers issued under § 226-4 are both properly affixed to the vehicle for which it was issued. Upon expiration, upon sale of the vehicle, or in the event the vehicle is no longer in compliance with any and all of the provisions of Chapter 226, such stickers must be removed immediately and returned to the Town Clerk, within 72 hours.

(10)              Maintain the taxicab in the same condition as existed when the original application for the taxicab license was obtained, including, but not limited to maintaining the same livery, TLC, T- or taxicab license plates as issued by the New York State Department of Motor Vehicles. Should the vehicle be altered in any manner that differs from the information provided in the application under § 226-4, such information must be updated with the Town Clerk in writing within 24 hours. If such change makes the vehicle inapplicable to be operated as a taxicab under Chapter 226, all identification stickers must be removed immediately.

B.              The provisions of Subdivision 50 of Section 375 of the Vehicle and Traffic Law are not applicable to taxicabs registered or licensed by the Town of East Hampton.

C.              No vehicle for hire shall be parked on any public road in the unincorporated hamlet of Montauk except when actively dropping off or picking up a fare between the hours of 9 p.m. and 6 a.m. the immediately following day.  Between the hours of 6 a.m and 9 p.m, no vehicle for hire shall be parked on any public road in the unincorporated hamlet of Montauk for more than 15 minutes, except when actively dropping off or picking up a fare.   For the purposes of this subdivision, the unincorporated hamlet of Montauk shall consist of all those areas located within the Montauk School District.

D.              No vehicle for hire shall be parked in the public Kirk Park Parking Lot in Montauk except when actively dropping off or picking up a fare.

E.              No vehicle for hire shall be parked in the public parking lot at 84 S. Euclid Avenue Montauk, Suffolk County Tax Map #300-49-1-18, except when actively dropping off or picking up a fare.

 

 

SECTION 7. - Authority.

The proposed local law is enacted pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3) and Town Law §261.

 

SECTION 8. - Severability.

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

 

SECTION 9. - Effective Date.

This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

 

RESOLUTION:              2017-718

CATEGORY:                            Local Law

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Adopt Amendment to Local Law Chapter 240 - Apply Parking Restrictions to Taxis and TNCs

 

WHEREAS, the Town Board held a public hearing on June 15, 2017, regarding “A LOCAL LAW Chapter 240 (Vehicles and Traffic) to apply parking restrictions to both Taxis and TNCs."; and

WHEREAS, after considering the matter and the comments of the public at the time of hearing, the Town Board believes that the enactment of this local law is in the best interests of the Town of East Hampton; and

WHEREAS, the proposed local law is a Type II Action pursuant to the New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617.5 and Chapter 128 of the Town Code requiring no further environmental review; and now, therefore be it

RESOLVED, said Local Law is hereby adopted to read as follows:

 

LOCAL LAW No.  20 of 2017

Introductory No. 15 of 2017

 

LOCAL LAW amending Chapter 240 (Vehicles and Traffic) to apply parking restrictions to both Taxis and TNCs.

 

BE IT ENACTED by the Town Board of the Town of East Hampton as follows:

 

SECTION 1.              Legislative Intent.

This legislation is intended to extend current parking restrictions imposed upon Taxicabs to Transportation Network Company Vehicles - e-hail ride service vehicles - for conformity.

 

SECTION 2. Amendment

Chapter 240 (Vehicles and Traffic) of the East Hampton Town Code is hereby amended to add a new Article 18C (Parking of Taxicabs and TNC Vehicles Prohibited certain hours) by adding the underlined words as follows:

 

§ 240-18C. Parking of Taxicabs and TNC Vehicles prohibited certain hours.

A.              No taxicab or TNC vehicle shall be parked on any public road in the unincorporated hamlet of Montauk except when actively dropping off or picking up a fare between the hours of 9 p.m. and 6 a.m. the immediately following day. Between the hours of 6 a.m and 9 p.m, no taxicab or TNC vehicle shall be parked on any public road in the unincorporated hamlet of Montauk for more than 15 minutes, except when actively dropping off or picking up a fare. For the purposes of this subdivision, the unincorporated hamlet of Montauk shall consist of all those areas located within the Montauk School District.

B              No taxicab or TNC vehicle shall be parked in the public Kirk Park Parking Lot in Montauk except when actively dropping off or picking up a fare.

C.              No taxicab or TNC vehicle shall be parked in the public parking lot at 84 S. Euclid Avenue Montauk, Suffolk County Tax Map #300-49-1-18, except when actively dropping off or picking up a fare.

 

SECTION 3. - Authority.

The proposed local law is enacted pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3) and Town Law §261.

 

SECTION 4. - Severability.

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

 

SECTION 5. - Effective Date.

This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

 

RESOLUTION:              2017-719

CATEGORY:                            Acquisitions

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Policastro Authorize CPF Acquisition and Amend 2017 M&S Plan

 

AUTHORIZE CPF ACQUISITION

 

 

Purported Owner:              Estate of Elvira Policastro

Location:                            16 Midland Rd. and 28 Upland Rd., Montauk

SCTM #:                            300-48-3-11 & 13

 

              WHEREAS, pursuant to § 247 of the General Municipal Law of the State of New York, the Town Board held a public hearing on June 15, 2017 to consider acquisition of approximately 8.3 acres of land located on 16 Midland Rd. and 28 Upland Rd., Montauk which lands are identified on the Suffolk County Tax Map as 300-48-3-11 & 13; and

 

              WHEREAS, the purported owner has expressed a willingness to sell the above referenced property in fee simple to the Town for the proposed purchase price of $3,500,000.00, plus survey, title, prorated tax, and recording charges; and

 

              WHEREAS, the purpose of said acquisition is the preservation of Open Space; and

 

              WHEREAS, the acquisition of the subject property is classified as a Type II Action pursuant to the State Environmental Quality Review Act (SEQRA); and

 

              WHEREAS, the Town Board finds, pursuant to § 64-e (8) of the New York Town Law, that acquisition of the subject property by purchase is the best alternative, of all reasonable alternatives available to the Town, for protection of the community character of the Town of East Hampton; and

 

              WHEREAS, on February 2, 2017 (and amended via resolution on May 4, 2017) the Town Board adopted the 2017 Management & Stewardship Plan (M&S Plan) for CPF properties pursuant to Town Law 64-e (6) which requires a property to be included in this Plan in order to expense any management and stewardship costs to the Community Preservation Fund; and

 

              WHEREAS, said M&S Plan shall be in effect for calendar year 2017 with updates permitted from time to time at the discretion of the Town Board after a public hearing; and

 

              WHEREAS, this interest in real property may require management and stewardship activities; and

 

              NOW, THEREFORE, BE IT RESOLVED, that the Supervisor is hereby authorized and directed to enter into a contract of sale with the record owner of the subject property, reputedly Estate of Elvira Policastro, for the purpose of acquiring said property at a cost to the Town of East Hampton not to exceed $3,500,000.00, plus reasonable survey, title, prorated tax, and recording charges; and be it further

 

              RESOLVED, that pursuant to contract the Supervisor is authorized and directed to execute any documents and the Town Budget Officer is directed to pay the purchase price and any and all reasonable survey, title, prorated tax, and recording charges, as may be necessary to effect the transfer of title; and be it further

 

              RESOLVED, that the 2017 Management and Stewardship Plan is amended to include the above referenced property; and be it further

 

              RESOLVED, that pursuant to § 64-e of the New York Town Law, the acquisition of subject property also includes the acquisition of development rights and the right of the Town Board to transfer such rights at a future date; and be it further             

 

              RESOLVED, the monies to be expended for purchase of the foregoing property shall be drawn from the Town of East Hampton Community Preservation Fund Budget Account.

Financial Impact:

$3,500,000  plus closing costs from CPF budget account

 

 

RESOLUTION:              2017-720

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Accept Proposal - Manor House Affordable Housing Construction

 

WHEREAS, by Request for Proposals (RFP) EH2016-104, the Town of East Hampton solicited proposals for construction of the Manor House Affordable Housing Project at Accabonac Road, East Hampton; and

 

WHEREAS, the proposal of JNS Contracting, LLC is the proposal best suiting the needs of the Town of East Hampton, and the Town Board wishes to engage the services of JNS Contracting, LLC to undertake the construction of the Manor House Affordable Housing Project; now, therefore, be it

 

RESOLVED, that JNS Contracting, LLC is hereby retained by the Town to construct the affordable housing project known as the Manor House Affordable Housing Project, in accordance with the Contractor's proposal dated October 6, 2016; and be it further

 

RESOLVED, that the Supervisor is hereby authorized to enter into an agreement with JNS Contracting, LLC for their services in accordance with the terms of the RFP and the Contractor's proposal dated October 6, 2016; and be it further 

 

RESOLVED, that  JNS Contracting, LLC shall be paid for the required construction and site work by way of progress payments as work is completed, in a total amount not to exceed the sum of $2,516,755.00 to be funded from Bond Anticipation Notes, Community Housing Opportunity Fund and the General Fund.