East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

East Hampton Town Board meeting of December 7, 2017
East Hampton, New York

 

 

I.              Call to Order

6:30 PM Meeting called to order on December 7, 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.              NOPH - Local Law to Extend Moratorium - Wainscott Hamlet Business Properties

III.              Public Portion

IV.              Resolutions

A.              COUNCILMAN VAN SCOYOC

 

RESOLUTION:              2017-1249

CATEGORY:                            Warrant Approval

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Clerk

12A Warrant- Approval of Claims $8,656,748.02 12A Utility Warrant $47,571.79

 

RESOLVED, that Claims on Warrant No. 12A/2017, in the amount of $ 8,656,748.02                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. 12A/2017, in the amount of $ 47,571.79            Were audited by the Town Board and the Supervisor is hereby directed to pay same.

 

RESOLUTION:              2017-1250

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Part Time Recreation Specialists and Aide in the Recreation Department

 

RESOLVED, that the following employees be and are hereby appointed to the listed positions in the Recreation Department to be paid bi weekly at the listed rates from budget account A7020-51200 upon proper submission of time records. Effective December 7, 2017.

 

 

              Robyn Mott                            Recreation Specialist - Basket Ball                            $20.00/hr

 

              Gwendolen Bokine              Recreation Specialist - Yoga                                          $20.00/hr

 

              Ronald Campsey              Recreation Specialist - Wrestling                            $20.00/hr

 

              Brian Mott                            Recreation Aide - Wrestling                                          $10.00/hr

 

RESOLUTION:              2017-1251

CATEGORY:                            Conference

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Aquaculture

Attend Conference, Three Aquaculture Employees

 

RESOLVED, that the Aquaculture Director be authorized to attend the Milford Aquaculture Seminar in Shelton,  CT from January 8-10, 2018; and be it further

 

RESOLVED, that all allowable expenses for registration, overnight accomodations, ferry, meals and other allowable expenses incurred while travelling shall be reimbursed from budget account #A8740.54200 upon vouchers duly submitted

Financial Impact:

$600 from A8740.54200

 

 

RESOLUTION:              2017-1252

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Aquaculture Improvement

 

AUTHORIZE APPLICATION TO THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC) IMPROVEMENT GRANT FOR "TOWN OF EAST HAMPTON SHELLFISH HATCHERY IMPROVEMENT" PROJECT -- TOTAL PROJECT COST $400,000.00

 

WHEREAS, the New York State Department of Environmental Conservation (DEC) is soliciting applications for grant funding under the NYS Department of Environmental Conservation Division of Marine Resources, Public Shellfish Hatchery Expansion grant program to assist municipalities in implementing a successful Shellfish Hatchery Improvement project; and

 

WHEREAS, the Town Board has reviewed the year 2017 application for the above noted grant program and has identified the Town of East Hampton Shellfish hatchery improvement project as eligible for grant funding under this program; now, therefore be it

 

RESOLVED, that the Supervisor, with the Aquaculture Department, is hereby authorized to submit said grant application for funding pursuant to the above noted Department of Environmental Conservation program, for the East Hampton Shellfish Hatchery Improvement Project to determine whether the proposed project is eligible for matching funding, and to submit the completed application to the Department of State as per the time restrictions listed in the application.

 

RESOLUTION:              2017-1253

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Board

Accept Donation of Walter Hardy Memorial Bench - Gift from Rob Nicoletti

 

              WHEREAS, Rob Nicoletti would like to donate a park bench as a gift to the Town of East Hampton in memory of his dear friend Walter Hardy, to be placed at Atlantic Avenue Beach in Amagansett; now, therefore be it

 

              RESOLVED, the Town Board hereby gratefully accepts the donation by Rob Nicoletti to the Town of East Hampton; and, be it further

 

              RESOLVED, the Town Clerk is hereby requested to forward a copy of this resolution to  Tony Littman, Supervisor of Parks/Building Maintenance.

 

RESOLUTION:              2017-1254

CATEGORY:                            Bids Accepted

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Purchasing

Accept Bid EH17-038 - Surf Rake for Parks & Recreation 2017 - H. Barber & Sons, Inc.

 

WHEREAS, the Town Board solicited bids for a Surf Rake for Parks & Recreation 2017; and

 

WHEREAS, the bid of H. Barber & Sons, Inc. in the amount of $56,926.00 and 0% off manufacturer's list price for parts was the lowest bid received meeting the bid specifications and being in proper form; and

 

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

 

RESOLVED, that the bid of H. Barber & Sons, Inc. is hereby accepted in the amount of $56,926.00 to be taken from Budget Fund Line #HA1620.52000.16041; and the Purchasing Agent is hereby authorized to issue a purchase order in accordance with the Town's bid specifications and the bid submission of the contractor.

Financial Impact:

capital budget - HA1620 52000 16041 - $56,926.00

 

 

RESOLUTION:              2017-1255

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Parks and Recreation

Amend Resolution 2017-1105

 

WHEREAS, Resolution 2017-1105 approved Island Timing for the 2017 Turkey Run For Fun on November 23, 2107; and,

 

WHEREAS, the company Island Timing has changed their name to LI Running Inc.; and,

 

WHEREAS, the purchase order #37002530 has to be changed to LI Running Inc., 164 Oak Drive, Baiting Hollow, NY; and, be it further

 

RESOLVED, the Town Board hereby amend Resolution 2017-1105 to authorize that this purchase order be changed to LI Running Inc.

 

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

 

RESOLUTION:              2017-1256

CATEGORY:                            Budget

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Budget Modification - 2017 Turkey Run

 

Whereas, the Town Board wishes to donate one half of the net proceeds from the 2017 Montauk Turkey Run to the Montauk Food Pantry and one half of the net proceeds to the East Hampton Food Pantry (at the suggestion of officials from the Montauk Food Pantry), and

 

Whereas, the final accounting of revenues and expenses by the Recreation Department shows net proceeds of $6,334.68, now therefore be it

 

Resolved, that the Budget Office is directed to make the following modification to the 2017 operating budget and pay the Montauk Food Pantry on a subsequent warrant the total of $6,334.68 from line A1930-54101:

 

Add $6,334.68 to Revenue Line A042001 (Recreation Fees)

Add $6,334.68 to Expenditure Line A1930-54101 (Claims)

 

RESOLUTION:              2017-1257

CATEGORY:                            Budget

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Amend  Parks Budget for Light and Power

 

Whereas, the Parks Department needs to cover expenses for Light and Power though year end; and  now be it

 

Resolved, that the Town Board directs the Budget Office to make the following budget modification:

 

From:

 

Budget Line:  A1620 51200  Part Time Salaries     in the amount of  $ 10,000.00

Budget Line:  A1620 54330   Heat                                    in the amount of   $20,000.00

 

 

To:

 

Budget Line:  A1620 54310   Light and Power      in the amount of  $ 30,000.00

 

RESOLUTION:              2017-1258

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

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Amend Resolution 2017-1149 -  Retain Engineer - Fowler House

 

WHEREAS, the Town by Resolution 2017-1149 retained D. B. Bennett as Consulting Engineer on the Fowler House on Springs-Fireplace Road; and

 

WHEREAS, Resolution 2017-1499 contained the wrong fund line for payment; now, therefore, be it

 

RESOLVED, that Resolution 2017-1149 is hereby amended to change the fund line for payment to Budget Account HA1620 52010 17052; and be it further

 

RESOLVED, that except as amended herein, Resolution 2017-1149 is hereby affirmed in all other respects.

 

RESOLUTION:              2017-1259

CATEGORY:                            Bids to Notice

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Purchasing

Notice to Bidders - EH17-041 - Light Replacement Units - Downtown Montauk      Bid Available 12/14/17 - Bid Due 1/4/18

 

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 user 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 January 4, 2018  3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

                                      Light Replacement Units - Downtown Montauk

                           

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 December 14, 2017.  These specifications have met with the approval of the Purchasing Department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Light Replacement Units - Downtown Montauk"

 

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

                           

EH17-041              Light Replacement Units -                                           January 4, 2018

                            Downtown Montauk

 

RESOLUTION:              2017-1260

CATEGORY:                            Bids Extended

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Purchasing

Extend Contract - EH15-064 Transportation & Disposal of Non-Recyclable Solid Waste, Used Tires, Construction and Demolition Debris - Winters Bros. Hauling of Long Island, LLC.

 

WHEREAS, the Town solicited bids in 2015 for the Transportation & Disposal of Non-Recyclable Solid Waste, Used Tires, Construction and Demolition Debris - No. EH15-064; and

 

WHEREAS, the bid of Winters Bros. Hauling of Long Island, LLC. was the lowest bid received meeting the bid specifications; and

 

WHEREAS, the Town Board accepted the bid of Winters Bros. Hauling of Long Island, LLC. and entered into an agreement that is renewable, upon agreement of the parties, for two (2) additional one year terms; and

 

WHEREAS, the user Departments have recommended extension of the agreement with Winters Bros. Hauling of Long Island, LLC.; Now, therefore be it

 

RESOLVED, that the Purchasing Agent is hereby authorized to issue purchase orders to Winters Bros. Hauling of Long Island, LLC. in accordance with the Town's bid specifications and the bid submission of the Contractor for a period of one year to be effective from February 1, 2018 through January 31, 2019.

 

RESOLUTION:              2017-1261

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Pay-Out for Wallace Trotman

 

              WHEREAS, in accordance with the CSEA/Town of East Hampton bargaining unit agreement and the policy of the Town of East Hampton earned vacation, sick and compensatory time is to be paid upon retirement or death, and

 

              WHEREAS, Wallace Trotman, who died on November 8, 2017, was employed as a full-time Heavy Equipment Operator in the Highway Department. His last day worked was November 4, 2017  and audited time records indicate that he has an accrued vacation, sick and compensatory time balance, now, therefore be it

 

              RESOLVED, that the Finance Office be authorized to cut a check through payroll from the appropriate payroll account for 234.591 vacation hours, 107.789 sick hours and 124.645 compensatory hours at $26.4620 per hour for a gross total of $12,358.42 to Wallace Trotman as a final pay-out.

 

RESOLUTION:              2017-1262

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Family Medical and Leave for Susan Beckwith

 

WHEREAS, Susan Beckwith, Senior Clerk Typist in the Parks and Recreation Department has requested and is found to be qualified for a Family and Medical Leave of Absence (FMLA) now therefore be it

 

RESOLVED, that, in accordance with the CSEA Town of East Hampton Bargaining Unit Contract and in compliance with the Family and Medical Leave Act (FMLA), Susan Beckwith be and she is hereby granted a up to 12 weeks leave effective retroactive to October 25, 2017.  In accordance with the provisions of the Family Medical Leave Act & Town FMLA Policy, medical benefits will continue and available accrued sick, vacation and personal time will be paid prior to the utilization of unpaid leave and, be it further

 

RESOLVED, that in compliance with Sections 825.202 and 825.203 of the FMLA regulations an employee is entitled to take FMLA leave on an intermittent or reduced schedule basis when there is a medical need for such leave and an employee is also entitled to use intermittent or reduced schedule leave for qualifying emergencies.

 

RESOLUTION:              2017-1263

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Approve Contribution - USGS Study - Lake Montauk Microbial Source Tracking

 

WHEREAS, Lake Montauk is currently on the New York State list of Impaired Waters due to high bacteria levels in portions of the Lake; and

 

WHEREAS, the United States Geological Survey (USGS) has proposed a study to identify the magnitude and sources of Lake Montauk's pathogen loadings, as well as to determine the host organisms from which they originate, by way of Microbial Source Tracking (MST), which will help to determine whether the such organisms are introduced through human, wildlife or domestic animal sources;

 

WHEREAS, the project will also assist in assessing groundwater nitrogen inputs from onsite sanitary systems by characterizing nitrogen sources and transport mechanisms in Lake Montauk; and

 

WHEREAS, the data produced by this project will support the recalculation of Lake Montauk's Pathogen Total Maximum Daily Load to ensure ms4 permit compliance; and

 

WHEREAS, the total cost of the project is $75,622.00 to be paid over two (2) years, with $56,383.00 being expended in 2018 and $19,279.00 being expended in 2019; and

 

WHEREAS, the USGS has proposed a contract to perform the proposed study to the Concerned Citizens of Montauk (CCOM) and the Town would like to participate in the funding of the same and the receipt of the resulting data; now, therefore, be it

 

RESOLVED, that the Town Board hereby authorizes the Supervisor to enter into an agreement with CCOM to share the costs of the USGS Microbial Source Tracking study at a cost not to exceed $13,000.00, such sum to the paid from budget account A 8790-54901. 

B.              COUNCILWOMAN OVERBY

 

RESOLUTION:              2017-1264

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Bistrian SPH NPH CPF Acquisition

 

SCHEDULE PUBLIC HEARING - REAL PROPERTY ACQUISITION

Purported Owner:              Patrick Bistrian Jr. & Britton Bistrian

Location:                            33 Cross Hwy., Amagansett

SCTM #:                            300-127-2-42

 

              WHEREAS, the Town of East Hampton is considering the purchase of approximately .85 acres of land located on 33 Cross Hwy., Amagansett which lands are identified on the Suffolk County Tax Map as SCTM #300-127-2-42; and

 

              WHEREAS, the proposed purchase price is $475,000.00, plus survey, title, prorated tax, and recording charges; and

 

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

 

              WHEREAS, the Town's proposed funding source is Community Preservation Funds; 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 Patrick               Bistrian Jr. & Britton Bistrian at a cost to the Town of East Hampton not to exceed               $475,000.00 plus reasonable survey, title, prorated tax, and recording charges

 

Said public hearing to be held in the Town Board Meeting Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, on December 21, 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 December 14, 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 December 21, 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 open space purposes, with Community Preservation               Funds of property located at 33 Cross Hwy., Amagansett reputedly owned by               Patrick Bistrian Jr. & Britton Bistrian, and consisting of approximately .85 acres of               land, at a cost to the Town of East Hampton not to exceed $475,000.00 plus               reasonable survey, title, prorated tax, and recording charges, said property being               described on the Suffolk County Tax Map as SCTM #300-127-2-42

 

 

              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: December 7, 2017                                         

Financial Impact:

no impact for SPH NPH

 

 

RESOLUTION:              2017-1265

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Lendino 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 Michael J. Lendino and Theresa M. Lendino, and identified on the Suffolk County Tax Map as 300-28-1-24.  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 December 21, 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.       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 Michael J. Lendino and Theresa M. Lendino, and identified on the Suffolk County Tax Map as 300-28-1-24.  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 .34 acres of land reputedly owned by Michael J. Lendino and Theresa M. Lendino, located on 237 S Essex St., and identified on the Suffolk County Tax Map as 300-28-1-24 for the following reasons:

This property adjoins 30 acres of Town owned lands that also contains the Fort Hill Cemetery.  The parcel borders Fort Hill and Massacre Valley which are two significant historical sites with particular ecological significance.  The property is also part of a Critical Natural Resources Area. 

 

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 .34 acres of land reputedly owned by Michael J. Lendino and Theresa M. Lendino, located on 237 S Essex St., and identified on the Suffolk County Tax Map as 300-28-1-24 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 December 14, 2017 edition of the East Hampton Star.

 

 

NOTICE OF PUBLIC HEARING

Intro. #    Of  2017

 

              TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on December 21, 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 .34 acres of land located at 237 S Essex St., Montauk, reputedly owned by Michael J. Lendino and Theresa M. Lendino, and identified on the Suffolk County Tax Map as 300-28-1-24.

 

              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: December 7, 2017                           

Financial Impact:

No impact for SPH NPH

 

 

RESOLUTION:              2017-1266

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Lendino SPH NPH CPF Acquisition

 

SCHEDULE PUBLIC HEARING - REAL PROPERTY ACQUISITION

 

Purported Owner:              Michael J. Lendino and Theresa M. Lendino

Location:                            237 S Essex St., Montauk

SCTM #:                            300-28-1-24

 

              WHEREAS, the Town of East Hampton is considering the purchase of approximately .34 acres of vacant land located on 237 S Essex St., Montauk which lands are identified on the Suffolk County Tax Map as SCTM #300-28-1-24; and

 

              WHEREAS, the proposed purchase price is $200,000.00, plus survey, title, prorated tax, and recording charges; and

 

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

 

              WHEREAS, the Town's proposed funding source is Community Preservation Funds; 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 acquisition of the above described property, reputedly owned by the Michael J. Lendino and Theresa M. Lendino at a cost to the Town of East Hampton not to exceed $200,000.00 plus reasonable survey, title, prorated tax, and recording charges

 

             

Said public hearing to be held in the Town Board Meeting Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, on December 21, 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 December 14, 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 December 21, 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:

 

              The Town's acquisition for open space purposes, with Community Preservation               Funds of property located at 237 S Essex St., Montauk, reputedly owned by the Michael J. Lendino and Theresa M. Lendino, and consisting of approximately .34 acres of land, at a cost to the Town of East Hampton not to exceed $200,000.00 plus reasonable survey, title, prorated tax, and recording charges, said property being described on the Suffolk County Tax Map as SCTM #300-28-1-24

 

 

              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:              December 7, 2017                                         

Financial Impact:

no impact for sph nph

 

 

RESOLUTION:              2017-1267

CATEGORY:                            Local Law

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Sneddon Authorize CPF Project Plan Addition

 

Sneddon Projet Plan Addition Authorizing Resolution

 

              WHEREAS, a public hearing was held by the Town Board of the Town of East Hampton on November 16, 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 Judith Sneddon & Belinda Sneddon, and identified on the Suffolk County Tax Map as 300-124-4-3, 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.     OF 2017

                            INTRODUCTORY NO.    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 Judith Sneddon & Belinda Sneddon , and identified on the Suffolk County Tax Map as 300-124-4-3, 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 .5 acres of land reputedly owned by Judith Sneddon & Belinda Sneddon located on 549 Accabonac Rd., Springs, and identified on the Suffolk County Tax Map as 300-124-4-3 for the following reasons:

This parcel is an undisturbed Oak woodland in proximity to 100s of acres of preserved property owned by the County, Town and Peconic Land Trust.  This parcel is within the East Hampton Pine Barrens and a Water Protection District.

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 .5 acres of land reputedly owned by Judith Sneddon & Belinda Sneddon located on 549 Accabonac Rd., Springs, and identified on the Suffolk County Tax Map as 300-124-4-3 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 November 16, 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: December 1, 2017                                           BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF EAST HAMPTON, NEW YORK

 

                                                                                    CAROLE BRENNAN, TOWN CLERK

 

RESOLUTION:              2017-1268

CATEGORY:                            Acquisitions

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Sneddon Authorize CPF Acquisition and Amend 2017 M&S Plan

 

Authorize CPF Acquisition and Amend 2017 M&S Plan

 

 

Purported Owner:              Judith Sneddon & Belinda Sneddon

Location:                            549 Accabonac Rd., Springs

SCTM #:                            300-124-4-3

 

 

              WHEREAS, pursuant to § 247 of the General Municipal Law of the State of New York, the Town Board held a public hearing on November 16, 2017 to consider acquisition of approximately .5 acres of land located on 549 Accabonac Rd., Springs which lands are identified on the Suffolk County Tax Map as 300-124-4-3; and

 

              WHEREAS, the purported owner has expressed a willingness to donate the above referenced property in fee simple to the Town, and expenses born by the Town would be for the cost of 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 donation agreement with the record owner of the subject property, reputedly Judith Sneddon & Belinda Sneddon, for the purpose of acquiring said property at a cost to the Town of East Hampton for 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 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:

Costs for recording charges from CPF budget account

 

 

RESOLUTION:              2017-1269

CATEGORY:                            Local Law

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Adopt Local Law: Guidelines for Special Historic Landmarks

 

WHEREAS, the Town Board held a hearing on November 2, 2017 to consider a proposed Local Law amending Chapter 255 ("Zoning") of the East Hampton Town Code in order to add guidelines for the preservation of Special Historic Landmarks within the Town of East Hampton, as more fully set forth in the text of the Local 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 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 will not have a significant negative impact upon the environment; 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, said Local Law is hereby adopted to read as follows:

 

RESOLVED, that the proposed local law is hereby enacted, as heard, to read as follows:

 

LOCAL LAW NO.      OF 2017

   INTRODUCTORY NO.  41  OF 2017

 

A Local Law providing for the amendment of Chapter 255 of the East Hampton Town Code to read as follows:

 

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

 

SECTION 1. Purpose and Intent.

 

This local law is intended to provide guidelines to the Architectural Review Board when reviewing properties with special historic landmarks, as allowed pursuant to Town Code §255-7-25D.  

 

SECTION 2. Amendment.

 

See Special Historic Landmark Guidelines attached.

 

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 or 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 upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

 

RESOLUTION:              2017-1270

CATEGORY:                            Local Law

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Local Law Designating Special Historic Landmarks AH

 

WHEREAS, a public hearing was held on November 2, 2017 on a proposed Local Law amending Chapter 255 (“Zoning”) of the East Hampton Town Code at Article XIII  (“Table of Historic Landmarks and Historic Districts”), in order to designate certain historic structures as special historic landmarks, 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 deleted two properties from the original list of 15 properties in the proposed amendment to 13 properties;

 

              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 will not have a significant negative impact upon the environment; 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.  _____  OF 2017

 

INTRODUCTORY NO.  __40___  OF 2017

 

A Local Law providing for the amendment of Chapter 255 (“Zoning”) of the East Hampton Town Code at Article XIII  (“Table of Historic Landmarks and Historic Districts”), in order to designate certain historic structures as special historic landmarks, 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:

 

The Town Board has acted to preserve the unique historic and architectural qualities of the Town of East Hampton by adding provisions for historic preservation to the Town Zoning Code. Most recently, a local law was adopted to promote the preservation of a group of designated special historic landmarks that are of great importance to the character of the Town of East Hampton. This list is the first group of buildings to be designated as special historic landmarks. This group includes some of our rarest and oldest building types which recall East Hampton’s history during the eighteenth and nineteenth centuries. 

 

SECTION II.   -   TOWN CODE AMENDED:

 

Chapter 255 (“Zoning”) of the East Hampton Town Code is hereby amended as follows:

 

Article XIII

Table of Historic Landmarks, Special Historic Landmarks and Historic Districts

 

The Table of Historic Landmarks and Historic Districts is amended to add Special Historic Landmarks as follows:

 

See attached list of thirteen special historic landmarks noting property name, street location, and tax map number.

 

 

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:              2017-1271

CATEGORY:                            Local Law

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Adopt Local Law Amending Chaper 255 - Special Historic Landmark

 

WHEREAS, the Town Board held a hearing on November 2, 2017 to consider a proposed Local Law amending Chapter 255 of the East Hampton Town Code amending Chapter 255 (“Zoning”) of the East Hampton Town Code in order to promote the preservation of Special Historic Landmarks within the Town of East Hampton by allowing some of the maximum permitted gross floor area on those properties to be allocated to an accessory dwelling unit on the same lot; 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 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 will not have a significant negative impact upon the environment; 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 proposed local law is hereby enacted, as heard, to read as follows:

 

LOCAL LAW NO.      OF 2017

   INTRODUCTORY NO.  39  OF 2017

 

A Local Law providing for the amendment of Chapter 255 of the East Hampton Town Code to read as follows:

 

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

SECTION 1. Purpose and Intent.

This local law is intended to promote the preservation of a group of designated individual historic landmarks that are of great importance to the character of the Town of East Hampton.  These properties have just been designated as special historic landmarks by the East Hampton Town Board pursuant to Section 255-7-25A. This group includes some of our rarest and oldest building types which recall East Hampton’s history during the eighteenth and nineteenth centuries. This law will permit some of the gross floor area allowable to the primary dwelling to be transferred to an accessory dwelling unit, commonly known as a guest house, on the same property.  Most of the special historic landmark houses are modest in size, far smaller than the maximum gross floor area provisions of the Zoning Code would allow.  This law will promote the preservation of these buildings by allowing them to be preserved intact to the greatest possible extent, without stripping property owners of rights they may otherwise have to increase the habitable residential space. The Town Board recognizes the special responsibility accepted by owners of special historic landmarks, who do not benefit from the neighborhood-wide preservation provided by an historic district, and establishes this zoning option to make preserving these historic landmark properties more advantageous and workable. 

SECTION 2. Amendment.

 

§ 255-1-20.  Definitions.

ACCESSORY BUILDING OR STRUCTURE

A building or structure which is customarily incidental or subordinate to a main building or structure. This term shall not include a building which, in whole or part, is designed, equipped or used for cooking, living or sleeping purposes, unless said accessory building or structure complies with the standards set forth in § 255-11-63 as an affordable accessory apartment or accessory dwelling unit pursuant to §255-7-60D. See "principal building or structure."

ACCESSORY DWELLING UNIT

An accessory single family residence containing cooking and/or sleeping accommodations which is incidental or subordinate to a special historic landmark and subject to the standards set forth in §255-7-60D.

SPECIAL HISTORIC LANDMARK

An individual property that has been designated as one of the group of special historic landmarks, designated by the East Hampton Town Board pursuant to §255-7-25A and eligible to have one (1) accessory dwelling unit.

§ 255-2-45              Number of uses.

A. Except in the case of a multiple-business complex or a multiple-industrial complex, the number of principal uses listed in the Use Table[1] permitted on any one lot shall not exceed the number set forth below:

              (1)- (4) No Change.

              (5) An accessory dwelling unit which is permitted pursuant to §255-11-20G               shall not be considered an additional use on any lot or property for the               purposes of this limitation.

§ 255-7-25. Designation of historic landmarks and historic districts.

The Town Board may designate certain lots, lands, buildings or structures within the Town as historic landmarks or historic districts in accordance with the following procedures:

A.  Historic landmarks.

(1) The Town Board may by local law designate an individual lot and any buildings or structures thereon as a historic landmark or as a special historic landmark if the property:

              (a) - (e) No Change.

(2) No Change.

(3) No Change.

B. No Change.

C. No Change.

D. Guidelines for historic landmarks, special historic landmarks, and historic districts.

(1)              The Town Board may by local law adopt, and from time to time amend, guidelines or regulations to further direct the Architectural Review Board in its application of the criteria set forth in §255-7-30 hereof with respect to any historic landmark, special historic landmark, or historic district designated pursuant to this section, or with respect to any specific property within such a historic district. Notice of the public hearing on any such local law shall be given by the Town Board in the same manner as is required for the designation of an historic landmark, special historic landmark or an historic district, pursuant to Subsection C hereof.

(2)              No change.

§ 255-7-60. Standards and criteria

D.               Specific standards for special historic landmarks: In addition to the general standards of §255-7-60B, in reviewing an application for expansion of a special historic landmark house or for construction of an accessory dwelling unit on a property, the Architectural Review Board shall consider:

(1)              The extent to which the proposal achieves the goal if maintaining or enhancing the integrity of the special historic landmark house and its setting, particularly its setting when viewed from the street.

(2)              The extent to which the proposal keeps the special historic landmark house intact with no additions; or when this option is not available, minimizes any additions and keeps any additions subordinate in size and scale to the special historic landmark house. Whenever possible, the Architectural Review Board shall encourage property owners to maintain the integrity of the special historic landmark by avoiding additions, if transferring expansion to a second dwelling is possible.

§ 255-11-20.

G. Special historic landmark. A property designated with a special historic landmark shall be permitted one (1) detached accessory dwelling unit pursuant to §255-11-88 and the standards set forth in §255-7-60D.

§ 255-11-23. Limitations on accessory buildings.

The term "accessory building" may include a private garage, garden shed, private greenhouse or other similar building conforming to the definition of "accessory building," but no accessory building on any residential property shall have a gross floor area equal to or greater than 600 square feet except an artist's studio meeting the requirements of this chapter. No accessory building, other than a pool house of less than 200 square feet in gross floor area, an artist's studio or an affordable accessory apartment meeting the requirements of this chapter, shall contain any bath, shower or plumbing facilities. An accessory dwelling unit permitted pursuant to § 255-7-60D shall not be restricted by this limitation.

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

SPECIAL HISTORIC LANDMARKS

(1)              Special historic landmark properties shall be permitted one (1) accessory dwelling unit use.

(2)              The combined gross floor area for the principal building and the accessory dwelling unit shall not exceed the maximum gross floor area for a single family residence on the lot pursuant to §255-11-10.

(3)              The accessory dwelling unit shall have a maximum of four bedrooms and a maximum gross floor area of 40% of the allowable gross floor area for the property, or 3,500 square feet, whichever is less.

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 or 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 upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

 

RESOLUTION:              2017-1272

CATEGORY:                            Securities Released

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Release Security - Urban Renewal Parcel 3 in SP-3

 

              WHEREAS, the Town pursuant to the its Old Filed Map legislation at Chapter 232 of the Town Code, the Town accepted a security from the person(s) listed below to assure the performance of certain road improvement work; and

 

              WHEREAS, a report has been received from the Town Engineer approving road work in certain Urban Renewal areas; now, therefore, be it

 

              RESOLVED, that the following security held by the Town Board is hereby released, and the Town Clerk is directed to return same to the principal party named thereon:

 

APPLICANT                                          UR PARCEL/UR PLAN                            SECURITY

                                         

Robin Coleman &                            Map 390                                          $ 9,600.00

Deborah Clare Coleman              Lots 21-30                                          Cashier's Check

11 Hilside La.                                          URP 3 in SP 3                                          Chase

East Hampton, N.Y.                             SCTM #0300-99-1-07              #9825908910

 

RESOLUTION:              2017-1273

CATEGORY:                            Issue Check

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Human Services

Approve N.Y.S. DOT 19A Audit Payment

 

WHEREAS, Windsper Safety Service will provide an Article 19A Audit of the Vehicle and Traffic Law for the Human Services Department Senior Transportation Program consisting of a review of Driver Files in preparation of review by the New York State Department of Transportation

 

RESOLVED, the Town Board hereby authorizes payment to Windsper Safety Service for the total cost of $400.00 invoice payable from Budget Account #8991.54500 upon properly submitted voucher individuals.

 

RESOLUTION:              2017-1274

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

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Housing

Authorization to Increase PO Cornell

 

Whereas, by Resolution 2017-623 the Board authorized Cornell University at a specific cost plus expenses to conduct Americans with Disability Act (ADA) compliance training for its department heads and other key staff and

 

Whereas, the resolution was based on an estimate of costs that was too low now therefore be it

 

Resolved, that the last sentence of Resolution 623 is modified to read "for a total not to exceed $812.12" which represents the actual cost in full including the cost fee and expenses as billed by Cornell University and Resolution 623 is reaffirmed in all other respects.

C.              COUNCILMAN OVERTON

 

RESOLUTION:              2017-648

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Attorney

Tabled 6/1/2017 6:30 PM

Adopt  Management Plan as Recommended by the Town's Nature Preserve Committee for the "Robert T. Olson Preserve" Located at 76 and 78 Squaw Road, in the Unincorporated Hamlet of Springs

 

WHEREAS, the Town Board held a hearing on May 18, 2017 on a proposed management plan as recommended by the Town's Nature Preserve Committee for the Robert T. Olson Preserve; and,

 

WHEREAS, the testimony received at the public hearing supported the adoption of the plan and any concerns that were raised at said hearing were already addressed within the plan as pointed out at said hearing; and,

 

WHEREAS, the adoption of the proposed Management Plan is an Unlisted Action pursuant to the New York State Environmental Quality Review Act (SEQRA) and Chapter 128 of the Town Code; and

 

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

 

WHEREAS, the Board has determined that the adoption of this Management Plan shall not result in any significant negative impacts upon the environment; and now, therefore be it

 

RESOLVED, that a negative declaration is hereby adopted pursuant to the State Environmental Quality Review Act (SEQRA); and be it further

 

RESOLVED, that the Town Board of the Town of East Hampton hereby adopts the Management Plan for the Robert T. Olson Preserve located at 76 and 78 Squaw Road in the unicorporated hamlet of Springs as heard, pursuant to the provisions of Town Code Chapter 182 (Nature Preserve). 

 

RESOLUTION:              2017-1275

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Human Resources

Appoint Linda Welch Assessment Clerk

 

WHEREAS, in accordance with CSEA guidelines, the position of Assessment Clerk has been posted from September 27, 2017 through October 10, 2017, and

 

WHEREAS, the Suffolk County Department of Civil Service has given an examination for Assessment Clerk and Linda Welch is reachable on Suffolk County List of Eligibles #17-SR452, now therefore be it

 

RESOLVED, Linda Welch be and is hereby appointed to the title of Assessment Clerk in the Office of the Assessors at a salary of $32,849 annually ($18.049 hourly) for a 35 hour work week, to be paid bi-weekly from budget account A1355-51100, upon proper submission of time records; appointment is effective retroactive to December 4, 2017.

 

RESOLUTION:              2017-1276

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

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Board

Approve Sub-Contractor Bonnie Englehardt - Assessors Department

 

BE IT RESOLVED that Bonnie Engelhardt be hired as a sub-contractor for the Assessors Department at the hourly rate of $35.00 Per hour payable by a properly submitted invoice from budget account #A1355-54500 not to exceed a total of $9,000 effective January 1st 2018 and be it further

 

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

Financial Impact:

Total Cost not to exceed $9,000.00 - Budget Acct. #A1355-54500

 

 

RESOLUTION:              2017-1277

CATEGORY:                            Conference

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Board

Attend Meeting - Jill Massa - Suffolk County Chapter of New York State Assessors' Association

 

              BE IT RESOLVED, Jill Massa, Assessor, is hereby authorized to attend the Suffolk County Chapter of the New York State Assessors' Association luncheon meeting in Riverhead, New York on Thursday, December 14, 2017; and, be it further

 

RESOLVED, that all allowable expenses (cost $30.00) shall be paid out of Budget Account #1355.54200, upon duly submitted voucher.

Financial Impact:

$30.00

 

 

RESOLUTION:              2017-1278

CATEGORY:                            Issue Check

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Clerk

Issue Check - Overpayment of Traffic Ticket - Saar

 

WHEREAS, the following individual has paid a parking ticket twice or in error, and

 

WHEREAS, said individual is entitled to a refund of such payment which the Justice Court has deemed proper; now, therefore, be it

 

RESOLVED, that the bookkeeper is hereby authorized to issue a refund check in the amount specificed:

 

Ms. Christine M. Saar

PO Box 693

Wainscott, NY  11975-0693

 

$80.00 paid twice;  June 2017 and October 2017

 

Ticket:  V2171200

 

Plate #:  AGS1189

 

RESOLUTION:              2017-1279

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

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Attorney

Retain D.B. Bennett Consuting Engineer - Emergency Jetty Repair - Three Mile Harbor

 

              WHEREAS, the Three Mile Harbor Jetty is in need of emergency repairs including replacement of the wooden cap on the west jetty, and repairs to reduce sand leakage through the east jetty; and

 

              WHEREAS, D.B. Bennett Engineering has submitted a proposal for professional engineering services to provide a survey of existing conditions and plans and specifications to repair the jetties, as well as the preparation of permit applications and necessary plans for emergency repairs. as well as to provide construction monitoring services once a contractor is chosen for the work, all as set forth in their proposal dated October 26, 2017; and

 

              WHEREAS, D.B. Bennett Engineering has proposed to provide professional engineering services at a cost not to exceed $12,280.00, including land survey costs, as set forth in their October 26, 2017 proposal, a copy of which is attached; now, therefore, be it

 

              RESOLVED, that D. B. Bennett Engineering, is hereby retained to provide professional engineering services as set forth in their proposal of October 26, 2017, and the Supervisor is hereby authorized to enter into an agreement with D.B. Bennett Consultin Engineer for the same; and be it further

 

              RESOLVED, that D. B. Bennett Consulting Engineer shall be paid at the rate of $135/hr. for Principal Engineer and $105/hr. for Project Engineer/Architect, and $75/hr. for technician, to be paid from Budget Account #A1440 54520.

Financial Impact:

Budget account A1440 54520 outside professional $12,280.00

 

 

RESOLUTION:              2017-1280

CATEGORY:                            Budget

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Bookkeeping

Amend Budget for Town Clerk Part Time Salaries

 

Whereas, the Town Clerk needs to cover expenses for Part Time Salaries ; and  now be it

 

Resolved, that the Town Board directs the Budget Office to make the following budget modification:

 

From:

 

Budget Line: A1410 51100   Fill Time Salaries in the amount of  $ 10,000.00

 

 

To:

 

Budget Line:  A1410 51200  Part Time Salaries       in the amount of  $ 10,000.00

 

RESOLUTION:              2017-1281

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Human Services

Food Catering Fee and Entertainment (Music) Fee- Total Not to Exceed $3,290

 

WHEREAS, the Senior Nutrition Program holds a Senior Holiday Celebration Event annually and this year has been able to schedule the event at the American Legion Hall, December 15, 2017 from 5:00 pm until 8:00 pm;

 

WHEREAS, the Human Services Department received a $5,000 grant from the J.M. Kaplan Fund to be specifically used for the Senior Nutrition Program and these funds were placed in budget line 6772.54500 Nutrition -SubContract Cost;

 

WHEREAS, the event will be catered, and musical entertainment will be provided and will be paid from line A6772.54500 Nutrition Program Subcontract line with a total cost not to exceed $3,290;

 

RESOLVED, that the Town Board approves the purchase of catering and entertainment and not to exceed a total of $3,290 for the Senior Holiday Celebration, such funds to be taken out of Budget Account #A6772.54500 upon properly submitted purchase orders; and be it further

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

 

RESOLUTION:              2017-1282

CATEGORY:                            Bids Rejected

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Purchasing

Reject Bid #EH17-037 - Food Service & Miscellaneous Items November 2017 - Human Services

 

WHEREAS, the Town Board did solicit bids for Food Service & Miscellaneous Items November 2017 - Human Services, #EH17-037; and

 

WHEREAS, the Town Board reserves the right to reject any and all bids; now, therefore, be it

 

RESOLVED, that the Town Board hereby rejects the bid for Food Service & Miscellaneous Items November 2017 - Human Services in response to the Purchasing Agent's Notice to Bidders dated October 26, 2017. 

.

 

RESOLUTION:              2017-1283

CATEGORY:                            Bids Accepted

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Attorney

Accept Proposal  for Additional Architectural & Engineering Services New Senior Community Center

 

WHEREAS, by Resolution 2016-1446 the Town Board retained Savik & Murray for Professional Architectural Services for a New Senior Community Center in response to RFP EH2016-103; and

 

WHEREAS, Savik & Murray has submitted a proposal for additional architectural and engineering services for value engineering of the project to consider alternate construction systems, materials and finishes, as set forth in their proposal dated November 24, 2017; now, therefore be it

 

RESOLVED, that Savik & Murray's proposal for additional architectural and engineering services, as set forth in their proposal dated November 24, 2017 is hereby accepted; and be it further

 

RESOLVED, that the Town Supervisor is hereby authorized and directed to enter into an addendum to the Agreement with Savik & Murray for such additional services, at an additional cost to the Town not to exceed $20,000.00, such costs to be paid from budget account #HA6773 52001 17001,

 

RESOLUTION:              2017-1284

CATEGORY:                            Budget

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Bookkeeping

Budget Modification - Airport

 

Whereas, the Airport is need of replacing a heavy duty pick-up truck that is in disrepair and would not be cost efficient to refurbish according the Town Fleet Manager, and

 

Whereas, The Airport needs to transfer funds to pay year end Dental/Optical Premiums, and

 

Whereas, the Airport 2017 operating budget contains projected excess funds in the outside professional line, now therefore be it

 

Resolved, that at the request of the Airport Manager and recommendation of the Town Fleet Manager the Town Board directs the Budget Office to make the following modification to the 2017 Airport operating budget:

 

From SX5610-54520 (Outside Professional) $40,000 to SX 5610-52300 (Purchase of Vehicle)

 

From SX 5610 59060 Health Insurance  - TO SX5610 59090   Dental Optical $475.00

D.              SUPERVISOR CANTWELL

 

RESOLUTION:              2017-1285

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Bookkeeping

Amend Budget for Ordinance Enforcement

 

Resolved, that the Town Board directs the Budget Office to make the following budget modification:

 

From:

Budget Line:  B3622.51300 Overtime                                               in the amount of    $ 5,500.00

Budget Line:  B3622.51102 PM Differential                                   in the amount of     $1,400.00

Budget Line:  B3622.52450 Computer Equipment               in the amount of    $17,000.00

Budget Line:  B3622.59060 Health Insurance                              in the amount of    $17,400.00

Budget Line:  B3622.59010 Retirement                                              in the amount of      $5,900.00

Budget Line: B3622.54600  Uniforms                                           in the amount of         $250.00

Budget Line:       B3622 59010 Retirement                                              in the amount of               $1,500.00

 

To:

Budget Line:  B3622.51200 Part Time Salaries                    in the amount of  $23,000.00              

Budget Line:  B3622.51100 Full Time Salaries                     in the amount of  $21,000.00

Budget Line:  B3622.54562 Fuel                                                                 in the amount of   $3,200.00

Budget Line:  B3622.54100 Office Expense                             in the amount of   $  250..00

Budget Line:  B3622.59090 Dental Optical                            in the amount of   $1,500.00 

 

RESOLUTION:              2017-1286

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Authorize Supervisor to Execute Agreement with People's United Bank for Credit Card

 

WHEREAS, the Finance Department has recommended that the Town use Remote Deposit Capture, Credit Card and other banking services from People's United Bank; now therefore be it

 

RESOLVED, that the Supervisor and Finance Department are authorized to execute all necessary documents, in a form to be approved by the office of the Town Attorney, to open and transfer such accounts to People's United Bank.

 

RESOLUTION:              2017-1287

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Authorize Intermunicipal Cooperation Agreement Establishing SuffolkShare

 

WHEREAS, in accordance with the county-wide share services property tax savings law adopted by New York State, representatives of the County, Towns, Villages and Districts within the County of Suffolk approved a plan for shared, coordinated and efficient services (the “Shared Services Plan”); and

 

WHEREAS, the participating entities have identified a non-exhaustive list of actions that may be made available for use by participating entities in accordance with the Shared Services Plan part choose to; and

 

WHEREAS, Article 5-G of the General Municipal Law authorizes municipal entities to join together for the provision of municipal services for the performance among themselves or one for the other of their respective functions, powers and duties on a cooperative basis; 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; now therefore be it 

 

RESOLVED, that the Supervisor is hereby authorized to execute the Suffolk Share Intermunicipal Cooperative Agreement, in a form approved by the Office of the Town Attorney, with the County of Suffolk and other participating Towns, Villages and Districts within the County.

 

RESOLUTION:              2017-1288

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Authorize Entry to Town Property - USCG - Montauk

 

WHEREAS, the United State Coast Guard (USCG) has informed the Town that it has discovered a possible fuel release at the site of the Coast Guard station in Montauk; and

 

WHEREAS, the USCG is in the process of investigating the leak and has requested permission to enter upon the Town's adjoining property to determine whether the leak has gone beyond the borders of the USCG site; and

 

WHEREAS, the USCG has agreed that it will restore the Town's property upon completion of its investigation and the performance of any remediation work that may be necessary; now, therefore, be it

 

RESOLVED, that the Town Board hereby grants the United States Coast Guard and its engineers, consultants and contractors, permission to enter upon the Town's premises to investigate, remediate and monitor the premises for any release of fuel onto the premises; and be it further

 

RESOLVED, that this authorization shall be retroactive to and including November 27, 2017.

 

RESOLUTION:              2017-1289

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Building

Budget Modification

 

Whereas, the Building Dept. Needs to cover additional printing fees for the copy machine and funds need to be transferred from Proffessional Services; now be it

 

Resolved, that the Town Board directs the Budget Office to make the following budget modification:

 

From:

Budget Line: B3620.54520 Proffessional Services in the amount of $43.00

 

To:

Budget Line: B3620.54400 Lease of Equipment in the amount of $43.00

Financial Impact:

Budget neutral - transfer within expenditure lines $43.00

 

 

RESOLUTION:              2017-1290

CATEGORY:                            Bids to Notice

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Purchasing

Notice RFP EH2017-117 Professional Engineering Services for Town Projects 2018    Proposal Available December 14, 2017 - Proposal Due January 11, 2018

 

WHEREAS, the Town of East Hampton wishes to obtain proposals for Professional Engineering Services for Town Projects 2018 through RFP EH2017-117; now, therefore be it

 

RESOLVED, that 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 at 159 Pantigo Road on Thursday, January 11, 2018 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 Thursday, December 14, 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 below, at which time be publicly read aloud:

 

RFP #                            Name                                                                                    Opening Date

EH2017-117              Professional Engineering Services for               January 11, 2018                           

                            Town Projects 2018

 

RESOLUTION:              2017-1291

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Schedule Special Meeting December 14, 2017 at 3 PM

 

RESOLVED, that a special meeting is hereby scheduled to be held on Thursday, December 14, 2017 at 3:00 pm. in the Town Hall Meeting Room, Town Hall, 159 Pantigo Road, East Hampton, NY, for the purpose of holding an Executive Session to discuss Litigation, Personnel and Contracts.

 

RESOLUTION:              2017-1292

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Human Resources

Pay-Out for Tracy Segelken

 

              WHEREAS, the PSD contract/Town of East Hampton bargaining unit agreement and the policy of the Town of East Hampton specifies that a Public Safety Dispatcher, upon separation from the Town of East Hampton, shall receive compensation for unused sick days, vacation days, personal days and appropriate compensation for Holidays and night differential, and,

 

              WHEREAS, Public Safety Dispatcher Tracy Segelken's service to the Town of East Hampton ended on November 12, 2016 and audited time records indicate that she has an accrued vacation time balance of 6 days, accrued sick time balance of 85 days and accrued personal time of 2.5 days at a daily rate of $361.740 and, now, therefore be it

 

              RESOLVED, that the Finance Office be authorized to cut a check through payroll from the appropriate payroll account for vacation time ($2,170.44). sick time ($30,747.90)  and personal time ($904.35) for a gross total of $33,822.69 to Tracy Segelken as a final pay-out.

 

RESOLUTION:              2017-1293

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Human Resources

Pay-Out for Colleen Reynolds

 

              WHEREAS, in accordance with the policy of the Town of East Hampton for non-collective bargaining, salaried employees, earned vacation and compensatory time is to be paid upon separation from employment, and,

 

              WHEREAS, Colleen Reynolds resigned her full-time employment effective August 18, 2017 and audited time records indicate that she has an accrued vacation and compensatory time balance, now therefore be it

 

              RESOLVED, that the Finance Office be authorized to cut a check through payroll from the appropriate payroll account for 36.380 vacation hours and 3.88 compensatory hours at $30.9197 ]per hour for a gross total of $1,244.83 to Colleen Reynolds as a final pay-out.

 

RESOLUTION:              2017-1294

CATEGORY:                            Leases

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Reject the Assignment of Lease- CDCH Foundation for Special Children Inc. to Gersh Academy

 

WHEREAS, the Town Board received a request for the assignment of the remaining lease ("Lease") term of a certain parcel of real property located at 110 Stephen Hands Path from CDCH Foundation For Special Children, Inc., ("CDCH") to  Gersh Academy, Inc. (Gersh); and

 

WHEREAS, CDCH Foundation for Special Children, Inc. is a not-for-profit corporation; and

 

WHEREAS, Gersh Academy is a for-profit corporation; and,

 

WHEREAS, Gersh Academy made a presentation to the Town Board and shared intentions that if the lease is assigned, they will operate educational programs for children with special needs, ranging from Kindergarten to Grade 12 as needed, together with additional programs for pre-and after school care and summer camps, based upon the needs of the local community; and

 

WHEREAS, pursuant to the terms of the Lease, and the not-for-profit nature of CDCH, the annual rent for the premises is only one dollar per year; and,

 

WHEREAS, the Town of East Hampton has limited public properties to meet all the varied needs of the community; and,

 

WHEREAS, the Town of East Hampton made this property available to the non-profit entity in 2002 for such an advantageous consideration amount due to the entities status as a non-profit and the charitable work they would be carrying out at the premises, and,

 

WHEREAS, Gersh, although engaged in the care and education of children with special needs, is a for-profit entity, making them distinct and rapid departure of the non-profit mission of CDCH; and,

 

WHEREAS, the Lease provides that the Town was induced to enter into the Lease by certain representations of fact and intention on the part of CDCH, its principals, officers, directors and controlling shareholders concerning the type of business to be done by the CDCH, CDCH's qualifications to do business, and its financial resources; and,

 

WHEREAS, the Town finds that Gersh's existence as a for-profit entity makes assignment of the lease not in the best interest of the Town because it would greatly change the nature of the mission and or the operations to be carried out at the site; and,

 

WHEREAS, allowing the below-market rental of the land lease be assigned to a for-profit entity constitutes a gift of public funds barred by the New York State Constitution and applicable state and local laws; and

 

WHEREAS, the Town believes that the property should only be assigned to a bona fide not-for-profit entity on the terms set forth in the lease; now, therefore, be it

 

RESOLVED, that pursuant to Paragraph 7 of the aforementioned lease agreement, the Town Board hereby denies the assignment of the existing lease to CDCH Foundation For Special Children, Inc. to Gersh Academy Inc. for the remaining term of such lease and any extensions thereto previously authorized by the original lease; and be it further

 

RESOLVED, that the Town Attorney is directed to forward a copy of this resolution to counsel for CDCH and Gersh.

 

RESOLUTION:              2017-1295

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Authorize Inter-Municipal Agreement for Shared Services with Springs School District for Use of Joint Fueling Facility

 

WHEREAS, the Town of East Hampton entered into an Inter-municipal Agreement with the Village of East Hampton for the operation and maintenance of a shared fueling facility, located at 258 Springs Fireplace Road, East Hampton; and,

 

WHEREAS, the Springs Union Free School District is interested in utilizing the shared fueling facility for the fueling needs of the district's vehicle fleet, and,


WHEREAS, the Town of East Hampton believes that there exists excess capacity at the fueling facility and expanding the municipal participation in the joint fueling facility will serve to further reduce costs of the operation and maintenance of the facility and provide shared savings to participating municipal entities; now therefore be it

 

RESOLVED, that the Town Supervisor is hereby authorized to enter into an inter-municipal agreement, in a form to be approved by the Office of the Town Attorney, with the Village of East Hampton and the Springs Union Free School District to allow the Springs Union Free School District to utilize the joint fuel facility located at 258 Springs Fireplace Road, East Hampton; and,

 

RESOLVED, that in the first year, the Springs Union Free School District shall be charged the wholesale price of the fuel used for their fleet plus 37 cents per gallon to cover operation and maintenance costs of the facility; and, be it further,

 

RESOLVED, that the agreement will provide the Town the exclusive use of the premises in the event of a declared emergency or fuel shortage; and, be it further,

 

RESOLVED, that all parties shall be able to terminate the agreement on 60 days written notice to the other parties. 

E.              ADDITIONAL RESOLUTIONS

 

RESOLUTION:              2017-1296

CATEGORY:                            Local Law

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Adopt Local Law -  Extend Moratorium on Certain Site Plans and Subdivisions in Wainscott

 

ADOPT LOCAL LAW:

EXTEND MORATORIUM ON CERTAIN SUBDIVISIONS OF LAND AND SITE PLAN APPROVALS IN WAINSCOTT

 

WHEREAS, a public hearing has been held by the Town Board of the Town of East Hampton on December 7, 2017 regarding a Local Law providing for the extension of the temporary suspension of the Planning Board's authority, pursuant to Chapter 255 ("Zoning") of the East Hampton Town Code, Section 274-a of the New York Town Law to grant certain site plans, and Chapter 220 ("Subdivision of Land") of the East Hampton Town Code, and Section 276 of the New York Town Law, to grant certain subdivision approvals, for properties located on or adjacent to Montauk Highway in Wainscott in non-residential Central Business (CB) or Commercial Industrial (CI) zoning districts, or properties in residential zoning districts currently used for non-residential uses ("Moratorium"), in order to permit the Town of East Hampton to complete its Wainscott hamlet study and to implement any recommendations which may arise from the Study; 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 Suffolk County Planning Commission advised the Town by letter dated December 1, 2017 that the adoption of the Moratorium extension is a matter for local determination; and

 

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

 

WHEREAS, the adoption of a moratorium is a Type II action pursuant to Section 6179(c)(30) of the regulations of the State Environmental Quality Review Act (SEQRA);   

 

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

 

LOCAL LAW NO.      OF 2017

INTRODUCTORY NO.   45   OF 2017

 

              A Local Law providing for the six month extension of temporary suspension of the Planning Board's authority, pursuant to Chapter 255 ("Zoning") of the East Hampton Town Code, ? 274-a of the New York Town Law to grant certain site plans, and Chapter 220 ("Subdivision of Land") of the East Hampton Town Code, and ? 276 of the New York Town Law, to grant certain subdivision approvals, for properties located on or adjacent to Montauk Highway in Wainscott in non-residential Central Business (CB) or Commercial Industrial (CI) zoning districts, or properties in residential zoning districts currently used for non-residential uses, in order to permit the Town of East Hampton to complete its Wainscott hamlet study and to implement any recommendations which may arise from the Study. 

 

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

 

SECTION I. - FINDINGS AND OBJECTIVES:

 

              The Town Board of the Town of East Hampton retained consultants to work with Town staff, members of the business community, property owners and other stakeholders to develop a new and workable business and hamlet action plan, as called for in the Town?s 2005 Comprehensive Plan, and such work has been ongoing and completion of the hamlet studies are expected within the coming months.  Recognizing the Montauk Highway corridor in Wainscott Hamlet as the hamlet which experiences the highest traffic volumes and the potential negative impacts of further development of the Montauk Highway corridor area upon neighboring residential areas under existing zoning, the Town enacted a moratorium on November 17, 2016 to allow the Town to complete the hamlet study for the Wainscott area.

 

              The hamlet study for the Wainscott area has progressed significantly but is not yet complete, and the Town Board wishes to extend the moratorium for a six (6) month period in order to allow the hamlet study to be completed and suggested changes to the zoning code arising out of the study area to be considered and implemented by the Town.  Without the ability to further suspend the ability of the Planning Board to approve site plans and subdivisions within the study area, the Town's ability to effectively enact changes intended to mitigate traffic impacts, improve motorist and pedestrian safety and further the quiet enjoyment of surrounding residential properties which are serviced by relatively narrow residential streets, not designed for or suitable as by-passes around highway congestion, will not be attainable. Among the recommendations expected from the hamlet study, plans for a walkable hamlet center that is internally focused rather than sprawled along the Montauk Highway corridor are being developed.

             

SECTION II. - CERTAIN REVIEW AND APPROVALS TEMPORARILY PROHIBITED:

 

              Except as otherwise provided herein, for a period of six (6) months from the effective date hereof, the powers and duties of the Planning Board shall be limited as follows:

 

              A.              Prohibition on approval of sub-divisions and site plans.  With respect to any application for subdivision, or for site plan approval for development, improvement or re-development of properties zoned Central Business (CB) or Commercial Industrial (CI) or residentially zoned properties (B, A and numbered A zoning districts) used for non-residential purposes, and located along either side of the Montauk Highway corridor through Wainscott, and including properties south of the Long Island Rail Road between Town Line Road at the west and Hedges Lane and the East Hampton Village Boundary to the east, the Planning Board shall not be authorized, empowered, or required to do, and shall not do, any of the following:

 

(1)              Grant site plan approval to such application pursuant to Chapter 255 ("Zoning") of the East Hampton Town Code and/or ? 274-a of the New York Town Law for any site plan for a non-residential use, which proposes new development upon a parcel, or if expansion is permitted under current zoning, proposes to increase the total area of any existing structures currently approved for and used for one or more non-residential uses, by more than twenty-five (25%) percent of the structure(s) legally existing square footage, if such increase in building area results in an increase in the allowable occupancy of the site.

 

(2)              Grant subdivision approval to such application pursuant to Chapter 220 (?Subdivision of land?) of the East Hampton Town Code and/or ? 276 of the New York Town Law for any subdivision of proposing to subdivide any parcel of property zoned Central Business (CB) or Commercial Industrial (CI) or any residentially zoned property (B, A & numbered A) used for non-residential purpose(s).

 

(3)              Determine such application described in (1) or (2) to be complete, or schedule or hold a public hearing on such application.

             

              B.              Exemption for site plans and subdivisions which have completed a public hearing before the Planning Board and received an approval.  The limitations and restrictions imposed on the Planning Board by the foregoing provisions of this Local Law shall not delay, avoid, or invalidate any approval of a site plan or subdivision for which a public hearing has been held and for which approval has been granted under the current provisions of the Town Code.

 

 

SECTION III. NEW YORK TOWN LAW SUPERSEDED:

 

              To the extent that any conflict arises between the provisions of this Local Law,  the provisions of ? 274-a of the New York Town Law, or the provisions of ? 276 of the New York Town Law this Local Law shall take precedence over and shall supersede those provisions of the Town Law.  This declaration of precedence or supersession is made by authority of the Town's municipal home rule law powers, pursuant to ?? 10 (1) (ii) (a) (14) and 10 (1) (ii) (d) (3) of the Municipal Home Rule Law, ? 10 (6) of the Statute of Local Governments, and Article IX, ? 2 (b) (3) of the New York State Constitution.

 

              To the extent that any conflict exists between the provisions of this Local Law and certain provisions of the New York Town Law which provide time limitations on the review or processing of applications for site plan approvals or subdivisions which are made or issued by the planning board, this Local Law shall take precedence over and shall supersede those provisions of the Town Law.  This declaration of precedence or supersession is made by authority of the Town's municipal home rule powers, pursuant to ?? 10 (1) (ii) (a) (14) and 10 (1) (ii) (d) (3) of the Municipal Home Rule Law, ? 10 (6) of the Statute of Local Governments, and Article IX, ? 2 (b) (3) of the New York State Constitution, and is specifically intended to supersede the provisions of ? 274-a of the New York Town Law, and the provisions of ? 276 of the New York Town Law,

 

SECTION IV. - EXEMPTIONS:

 

              Notwithstanding any other provision of this Local Law, the Town Board may by resolution authorize the Planning Board to grant an application for subdivision or site plan approval, or to deem complete, schedule for hearing, and hear such an application, provided that the following requisites are met:

 

              A.              Procedural requirements.  The following procedural requirements shall be prerequisite to the grant of an exemption by the Town Board hereunder:

 

              (1)              The owner of the land affected shall have filed with the Town Board a written                             petition specifically requesting exemption from the effect of this Local Law; and

 

              (2)              The Town Board shall have held a public hearing on the petition upon at least                             ten (10) days' prior public notice, which notice shall have been published in                             the official newspaper of the Town.

 

              B.              Substantive requirements.  No exemption shall be granted hereunder unless the Town Board shall specifically find and determine, and shall set forth in its resolution granting such exemption, that:

 

              (1)              Failure to grant an exemption to the petitioner will cause the petitioner                                           undue hardship, which hardship is substantially greater than any harm to the                             general public welfare resulting from the grant of the exemption; and

 

              (2)              Grant of the exemption, even if the site plan for which exemption is                                           sought is approved, will clearly have no adverse effect upon any of the Town's                             goals or objectives as set forth in the Town?s Hamlet Study Plan; and

 

              (3)              The site plan for which petitioner seeks an exemption is in harmony with                             the existing character of the Town as a whole and the area of the Town in                             which               the affected land is located, as well as the existing Comprehensive                             Plan.

 

 

SECTION V. - 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 VI. - EFFECTIVE DATE:

 

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

 

             

DATED:  December 7, 2017                                          BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF EAST HAMPTON, NEW YORK

                                                                                    CAROLE BRENNAN, TOWN CLERK