East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

East Hampton Town Board meeting of November 19, 2020
East Hampton, New York

 

 

I.              Call to Order

11:00 AM Meeting called to order on November 19, 2020 at Teleconference, Various Locations, East Hampton, NY.

 

Attendee Name

Present

Absent

Late

Arrived

Councilwoman Kathee Burke-Gonzalez

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Councilman David Lys

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¨

 

Councilwoman Sylvia Overby

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¨

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Councilman Jeffrey Bragman

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¨

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Supervisor Peter Van Scoyoc

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II.              Public Hearings

III.              Public Portion -351-888-6331

IV.              Resolutions

A.              COUNCILWOMAN BURKE-GONZALEZ

 

RESOLUTION:              2020-1073

CATEGORY:                            Warrant Approval

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

Warrant No. 11B - Approval of Claims $ 971,898.44 Utility Warrant  11B $ 49,156.69

 

RESOLVED, that Claims on Warrant No. 11B, in the amount of $ were audited by the Town Board and the Supervisor is hereby directed to pay same; and be it

 

RESOLVED, that Claims on Utility Warrant No. 11B, in the amount of $ 49,156.69 were audited by the Town Board and the Supervisor is hereby directed to pay same.

 

RESOLUTION:              2020-1074

CATEGORY:                            Public Notice

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

2021 Deer Hunting Lottery

 

WHEREAS, the 2021 Deer Hunting Season opens at sunrise, January 4, 2021 and runs through sunset, January 31, 2021; and

 

WHEREAS, the Town Board has agreed to issue deer hunting permits for Town land, in accordance with Chapter 91 Beaches & Parks, Article III, Hunting on Town Parklands, Schedule I, during the deer hunting season as described above; now, therefore be it

 

RESOLVED, that permits will be issued by the Town in accordance with the appropriate guidelines; and, be it

 

FURTHER RESOLVED, that applications for the lottery will be available in the Town Clerk's Office beginning  December 1, 2020, and must be returned to the Town Clerk no later than 4:00 p.m., December 18, 2020 to be eligible for the lottery drawings; and, be it

 

FURTHER RESOLVED, that the Town Clerk is directed to publish a notice in the November 26, 2020 Edition of the East Hampton Star; and be it

 

FURTHER RESOLVED, that the Department of Land Acquisition & Management is hereby directed to post the properties notifying the public of the deer hunting season.

 

RESOLUTION:              2020-1075

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Human Services

2020 East End Youth Summit

 

WHEREAS, the Town's Department of Human Services is a member of the East End Partnership for Youth, and the East End Partnership for Youth is sponsoring the 2020 East End Youth Leadership Summit on Wednesday, November 18, 2020 from 10:00am-12:00pm.  The virtual program will feature the movie 'Angst', a documentary film portraying the adolescent experience with anxiety in today's world.  The film will be followed by a panel of local experts, including youth who have overcome the impact of crippling anxiety;

 

WHEREAS, the 2020 East End Youth Summit is a FREE virtual conference and all East End High Schools are invited to participate, and East Hampton High School is participating;

 

WHEREAS, HUGS - Human Understanding & Growth Services, Inc. is securing the licensing of the movie 'Angst' to be shown during the 2020 East End Youth Leadership Summit, and the Town of East Hampton has agreed to reimburse HUGS $300.00 towards that cost;

 

RESOLVED, the Town Board approves the cost of $300 to Human Understanding & Growth Services, Inc. for reimbursement of licensing of the movie Angst to be shown at the virtual  2020 East End Youth Leadership Summit, payable out of Budget Account #6773.54200 Human Services Travel Conference & Dues upon properly submitted voucher; and be it further

 

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

Financial Impact:

$300

 

 

RESOLUTION:              2020-1076

CATEGORY:                            Issue Check

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

Issue Check - Various Funds

 

   WHEREAS, the following individuals have purchased Boat Slips, Beach Permits, Dog Licenses, Alarm Charges, Bid Specs, and/or Recycling permits, and

 

    WHEREAS, said individuals have requested a refund of such fees for a variety of reasons which the Town Clerk/Sanitation Department  have  deemed proper; now, therefore, be it

 

    RESOLVED, that the Bookkeeper is hereby authorized to issue  refund checks in the amounts specified to the individuals on  the list set forth below:

 

NAME AND ADDRESS               AMOUNT              TYPE OF PERMIT

 

Thomas McGlade                              $  75.00                            Recycling

178 Seven Hills Lake Drive

Carmel, NY 10512

 

William Mulligan                            $ 400.00                            Burglar Alarm

100 W. 26th St, Apt 33-A

New York, NY  10001

B.              COUNCILMAN LYS

 

RESOLUTION:              2020-1077

CATEGORY:                            Appointments

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Human Resources

Appoint Part Time Harbormaster - Vincent Forlenza

 

              RESOLVED, that Vincent Forlenza be and is hereby appointed to the part time position of Harbormaster with the East Hampton Town Police Department's Marine Patrol Division, at an hourly rate of $25.00 per hour, to be paid bi-weekly, upon proper submission of time records, from budget account A3125-51200, effective to December 1, 2020.

 

RESOLUTION:              2020-1078

CATEGORY:                            Appointments

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Human Resources

Appoint Part Time Laborer in the Parks Department - Lucas Yennie

 

              RESOLVED, that Lucas Yennie be and is hereby appointed as a part time Laborer with the Parks Department at the hourly rate of $18.226, to be paid bi-weekly from Budget Account A7110.51200, upon properly submitted time records, effective November 23, 2020.

 

RESOLUTION:              2020-1079

CATEGORY:                            Appointments

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Human Resources

Status Change for Marine Patrol Officers

 

              WHEREAS, the following Marine Patrol employees were appointed to seasonal positions, now, therefore be it

 

              RESOLVED, that the following employees are hereby appointed back to their part time positions, with no change in hourly salary or budget account, effective September 15, 2020:

 

Melanie L. Anderson                                          Harbor Master

Thomas F. Cullen                                          Harbor Master

James Jahoda                                                        Harbor Master

John Gregory Jordan                                          Harbor Master

Thomas Lambert                                          Harbor Master

John Lascari                                                        Harbor Master

Michael Mirras                                                        Harbor Master  

Derek G. Paulsen                                          Harbor Master

Christopher Pennisi                                          Harbor Master

Gregg Pescuma                                          Harbor Master

Mitchell Savino                                          Harbor Master

Richard Vish                                                        Harbor Master

Matthew Zukosky                                          Harbor Master

 

RESOLUTION:              2020-1080

CATEGORY:                            Approvals

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Town Board

Accept Donation of Benches - Gift from Alex Edlich

 

WHEREAS, the Town of East Hampton has been offered a donation of two memorial benches to be placed along the proposed loop trail at Wainscott Green tax map # 300-197-1-40.001 from Alex Edlich; and

 

WHEREAS, Alex Edlich has indicated his desire to donate the benches in honor of his family; now therefore be it

 

RESOLVED, the Town Board hereby gratefully accepts Alex Edlich's donation 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:              2020-1081

CATEGORY:                            Approvals

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Town Attorney

Reimburse Fingerprint Fees - David McMaster

 

WHEREAS, Assistant Town Attorney David McMaster paid $88.75 via personal credit card for  fingerprinting fees which is required to access/view NYS DMV records for taxi license background checks ; and

 

RESOLVED, that David McMaster shall be reimbursed $88.75 from Budget Account #A 1420 54200 upon properly submitted voucher.  

 

RESOLUTION:              2020-1082

CATEGORY:                            Budget

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Bookkeeping

Budget Modification – Various Departments to Address COVID Staffing Requirements

 

Whereas, the COVID 19 Pandemic has altered the manner in which some of the staffing budget lines in the 2020 Operating Budget are being used and charged (especially those related to Beaches and Parks Department operations), now therefore be it

Resolved, that the Budget Office is directed to make the following modifications to the 2020 Operating Budget to deal with staffing demands on certain budget lines:

 

Add $35,000 to Revenue Line A041721 (Parking Lot Fees)

Add $10,000 to Revenue Line A041257 (Business License Revenue)

Add $35,000 to Expenditure Line A7110-51200 (Parks Dept. PT)

Add $10,000 to Expenditure Line A7110-51200 (Parks Dept. PT)

From A7020-51200 (Recreation Administration PT) $30,000 to A7110-51200 (Parks Dept. PT)

From A1620-51100 (Buildings and Grounds FT) $30,000 to A7110-51200 (Parks Dept. PT)

From A7110-51100 (Parks Dept. FT) $30,000 to A7110-51200 (Parks Dept. PT)

From A7110-51100 (Parks Dept. FT) $95,000 to A7180-51200 (Beaches PT)

From A7020-51200 (Recreation Administration PT) $65,000 to A7180-51200 (Beaches PT)

 

RESOLUTION:              2020-1083

CATEGORY:                            Budget

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Bookkeeping

Budget Modification - Aquaculture

 

Resolved, at the request of the department head the Budget Office is directed to make the following modifications to the 2020 operating budget to pay for Aquaculture water service for the remainder of the fiscal year:

 

From A8740-51200 (PT Salaries) $300 to A8740-54320 (Water)

 

RESOLUTION:              2020-1084

CATEGORY:                            Budget

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Bookkeeping

Budget Modification Aquaculture

 

Resolved, at the request of the department head the Budget Office is directed to make the following modification to the 2020 operating budget to pay for auto repairs and supplies for Aquaculture for the remainder of the year:

 

From A8740-51200 (Part-time) $500 to A8740-54560 (Motor Vehicle Repais and Supplies)

 

RESOLUTION:              2020-1085

CATEGORY:                            Budget

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Bookkeeping

Budget Modification - Parks

 

Resolved, at the request of the department head the Budget Office is directed to make the following modification to the 2020 operating budget to pay for auto repairs and supplies for the Parks/Beaches Department for the remainder of the year:

 

From A7110-54560 $150 to A7180-54560 (Motor Vehicle Repairs and Supplies)

 

RESOLUTION:              2020-1086

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Natural Resources

Award Town Trustees CPF Grant for Pump-Out Boat

 

WHEREAS, the Water Quality Technical Advisory Committee (WQTAC) presented a funding request from the Town Trustees to purchase an additional pump-out boat for use in Lake Montauk to the Town Board at the November 17, 2020 work session; and

 

WHEREAS, the pump-out program which oversees the operation, maintenance, and piloting of the pump-out boats servicing the East Hampton boating community has been the responsibility of the Town Trustees since 2003;

 

WHEREAS, due to increased boating activity through the 2020 season to an unprecedented level, there is a need for an additional boat to service the Lake Montauk boating community; and

 

WHEREAS, the addition of permanent or portable pump-out systems is an approved and recommended project in the Town of East Hampton Water Quality Improvement Plan; and

 

WHEREAS, the WQTAC proposed funding the project through Community Preservation Fund Water Quality budget; and

 

WHEREAS, the Town Trustees obtained a quote for a 23 foot Pump Kleen pump-out boat to be used in Lake Montauk for a total cost of $108,570.70; and

 

WHEREAS, the Town Trustees received a grant of $60,000 through the New York State Environmental Facilities Corporation 'Clean Vessel Act Assistance Program' and has requested funding through CPF Water Quality for the remaining costs of $48,570.70; therefore be it,

 

RESOLVED, that the Supervisor, is hereby authorized to enter into an agreement with the Town Trustees to purchase a new pump-out boat to protect the water quality of Lake Montauk; and be it further,

 

RESOLVED, that the contract budget is not to exceed $48,570.70 from budget line CA8802-54500.

 

RESOLUTION:              2020-1087

CATEGORY:                            Approvals

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Town Board

Accept Donation of Autumn Maglia Memorial Bench - Gift from Jonathan Harding

 

              WHEREAS, Jonathan Harding would like to donate a park bench to the Town of East Hampton in memory of his friend, Autumn Maglia, to be placed over by Rods Valley at the end of navy road tax map # 300-26-1-1.001; now, therefore be it

 

              RESOLVED, the Town Board hereby gratefully accepts the donation by Jonathan Harding 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.

C.              COUNCILWOMAN OVERBY

 

RESOLUTION:              2020-1088

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Set PH to Consider Amending Article 5 of Chapter 255 to Create a Pilot Program for Outdoor Dining

 

BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on December 3, 2020 at 11:00 a.m., at East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW amending Article 5 of Chapter 255 (Special Permit Uses) with Regard to creating a Pilot Program to allow transfer of indoor dining use to outdoor space.”

LOCAL LAW No.  __ of 2020

Introductory No. __ of 2020

 

LOCAL LAW amending Article 5 of Chapter 255 (Special Permit Uses) to allow the Principal Building Inspector to grant special permits to allow greater flexibility as to placement of indoor dining occupancy in outdoor spaces.

 

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

 

SECTION 1.              Amendment

 

Chapter 255 (Zoning) Article 5 (Special Permit Uses) Section 38 (Reserved) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

 

§ 255-5-38 (Reserved) Pilot Program - Transfer of Indoor Dining Use to Outdoor Space Special Permit.

 

A.              Intent - The Town Board desires to determine whether there is a means to create flexibility in the manner that restaurants operate at different times of the year, under various weather conditions, and/or in reaction to emergency circumstances such as brought on by the COVID-19 pandemic. This pilot program is not intended to replace or circumvent the Planning Board or site plan requirements in general, but only to allow for adjustments in the placement of dining use on the approved property. The Town Board is considering this program be implemented as a special permit process so that compliance with the conditions thereof can be more easily enforced and the potential negative impact on the neighborhood, and Town as a whole, can be minimized.

 

B.              Authorization for Outdoor Dining - The utilization of outdoor space, for a previously approved indoor dining use, may only be permitted if authorized:

              1.              pursuant to Article VI of Chapter 255 “Site Plan Review”;

              2.              pursuant to this section “Transfer of Indoor Use to Outdoor Space Special Permit”;

              3.              pursuant to Chapter 155 “Special Event Permit”; or

              4.              pursuant to Section 255-11-88 “Outdoor Dining at Restaurants.”

 

C.              Limitation of Use to Dining - Only restaurant dining use - limited to the service of food and beverages to seated patrons - may be transferred to outdoor spaces pursuant to this section.

              1.              No outdoor food preparation is permitted in the outdoor space.

              2.              No bar use is permitted in the outdoor space.

              3.              No new use may be introduced into the previously utilized indoor space without site plan approval, although vacated space may be used to facilitate take-out food service so long as no service of alcohol is provided to those waiting on food orders.

              4.              No approved features or conditions of an approved site plan may be removed or altered to create new outdoor space. Only additions that are not in conflict with the approved site plan, and that are necessary to effectuate the utilization of outdoor space in compliance with the conditions of this section (screening, delineation for the service of alcoholic beverages - but not tents), may be made without additional site plan approval, and all necessary building permits must be obtained.

 

 

 

D.              Occupancy that May be Transferred

              1.              The transfer of restaurant dining use from indoors to an outdoor space pursuant to this section may be seasonal or weather related, so long as approvable seating plans are submitted for each possible circumstance.

              2.              The combined occupancy of patrons, indoor and outdoor, may not exceed 100% of the approved indoor seating (number of seats) capacity without additional site plan approval. Approved indoor seating capacity is determined by site plan or, if no site plan exists, the seating capacity - for indoor dining, and not bar use - as determined by the Fire Marshal.

              3.              In the following zoning districts the maximum percentage of capacity that may be transferred from indoors to outdoors is 100% - Central Business, Waterfront, Recreational Overlay, Resort, Commercial Industrial and Commercial Service. In all other zoning               districts the maximum percentage of capacity that may be transferred from indoor to outdoors is 75% - (Neighborhood Business, Residential and Limited Business Overlay).

              4.              Notwithstanding the above, for restaurants that are pre-existing non-conforming in a residential district, the occupancy of dining transferred to an outside location cannot be               such to violate the provisions of either Section 255-1-40 Nonconforming uses or Section 255-1-42 Nonconforming buildings and structures.

 

E.              Location of Outdoor Dining Space - Approvable seating plan(s) must be submitted with the application.

              1.              The outdoor dining space must be on the same property that has the approved restaurant indoor dining use.

              2.              Such outdoor space shall be set back from any side or rear yard property line, when the adjoining property is a residence, a distance which is twice that required by the provisions of § 255-11-10 for an accessory building or structure on the subject lot, and such outdoor space must be located more than 100 feet of a structure used for residential purposes (including, but not limited to, the house, pool, decking, and patio).

              3.              Such space must be configured such that the noise and other effects generated will be reasonably screened from adjacent properties and compatible with existing and potential uses thereon. Where such an adjacent property is a residential property or any property with an occupied residence, complete screening of the activity and its effects shall be deemed necessary to meet this requirement.

              4.              If the outdoor space is to be used for the service of alcoholic beverages, it must be delineated from all other outdoor space such that the consumption of such beverages is limited to within that space, and the occupancy limitation shall be of such space shall the same as indoor dining (at a ratio of 15 sq. ft. per person), and the occupancy limit shall be clearly posted. No point of sale or service bar may be placed in the outdoor space without site plan approval.

              5.              Each and every outdoor dining area must have at least one American Disabilities Act accessibility compliant table for use. 

 

F.              Hours of Outdoor Use

              1.              Utilization of the outdoor space for dining is limited to the hours of 8:00 AM and 11:00 PM when located in Central Business, Waterfront, Recreational Overlay, Resort, Commercial Industrial and Commercial Service districts, and limited to the hours of 8:00 AM and 10:00 PM in all other districts, with.

              2.              Music allowable only with a valid Music Entertainment Permit issued pursuant to Chapter 117 of the Town Code 

              3.              All amplified music is limited to the hours of 1:00 PM to 9:00 PM unless part of a catered affair of part of a Special Event Permit issued pursuant to Chapter 155 of the Town Code.

              4.              All music and noise levels must comply with Chapter 185 of the Town Code that lowers acceptable decibel levels between the hours of 7:00 PM and 7:00 AM.

 

G.              Lighting - An approvable lighting plan must be submitted with the application. The use of outdoor lighting pursuant to this section is limited to lighting consistent with the General Lighting Standards in sections 255-183(A)-(D) of the Town Code, with exceptions available only when expressly authorized by a Special Event Permit issued pursuant to Chapter 155 of the Town Code. Lighting used in the outdoor dining space:

              1.              must be designed, installed, and maintained to minimize glare;

              2.              must be fully shielded;

              3.              installed such that no light source may be visible beyond the boundary of the property on which the light source is located, including from a body of water or roadway; and

              4.              may not include: uplighting; searchlights; strobe lights, laser lights or revolving lighting; neon lights; blinking, pulsating tracing or flashing lights; utility-pole-mounted lights; string lighting or lighting used to outline a building, structure or window; or a light source with a color temperature greater than 3,000 Kelvin (K).

 

H.              Heating -               The use of outdoor heating devices must be fully compliant with the New York State Uniform Fire Prevention and Building Code as defined by New York State Codes, Rules and Regulations Title 19, Section 1219.1, must be approved by the Fire Marshal, and the placement thereof must be included on all submitted seating plans that may include heating device use.

 

I.              Tents - The use of tents for the facilitation of the outdoor space for dining must be "temporary tents" - tents which are to be erected for less than a two-week period - approved by the Fire Marshal pursuant to Section 141-9 of the Town Code, and authorized in association with a Special Event Permit issued pursuant to Chapter 155 of the Town Code. Tents to be erected for more than a two-week period require a building permit issued by the Building Inspector and Site Plan approval. Umbrellas placed over tables in the outdoor space do not need to be separately permitted, but must be indicated on the submitted seating plans. 

 

J.              Application Process - The Building Inspector shall be responsible for the issuance of a Transfer of Dining Use Special Permit. The Building Inspector shall consult the Fire Marshal for confirmation that the applicant’s proposed outdoor seating area use is consistent with health and safety concerns addressed in the Town Code as well as the New York State Uniform Fire Prevention and Building Code as defined by New York State Codes, Rules and Regulations Title 19, Section 1219.1. The Building Inspector may consult the Planning Department to for confirmation that the applicant’s lighting plan is consistent with the provisions in the Town Code.  A special permit for a Transfer of Indoor Use to Outdoor Space Special Permit shall only be issued by the Building Inspector upon the following findings:

              1.              The proposed outdoor space for the site is clearly depicted on a survey or similar rendering such that the space is clearly identified on the property; 

              2.              The proposed outdoor space is compliant with the provisions of this section;

              3.              There is adequate parking, existing and/or proposed, available for the outdoor dining use;

              4.              All submitted seating plans are consistent with approved occupancy limits, indicate required egress, and are clearly marked as to under what circumstances each plan will be utilized; and

              5.              Any building permits necessary to effectuate the use of the proposed outdoor space               must be submitted.

 

K.              Revocation and Suspension

              1.               A Special Permit issued under this section may be revoked by the building inspector upon conviction for a Town Code Violation based upon allegations of noncompliance with               the conditions upon which the special permit was issued. No revocation will be result of a noise violation conviction unless such conviction also resulted in the denial of a Music Entertainment Permit.

              2.              The use of the outdoor space pursuant to this Special Permit may be suspended if the Building Inspector, Fire Marshall or Code Compliance Emergency Preparedness Coordinator has reasonable grounds to believe that the use of such outdoor space is not in compliance with the conditions upon which the special permit was issued and such noncompliance is creating a unsafe and dangerous situation. Such suspension shall be upon written notice as to the unsafe and dangerous situation as well as conditions under which use may be resumed, being provided to the applicant’s agent supervising the use of the restaurant. The suspension may be lifted upon the Building Inspector, Fire Marshall or Town Public Safety Director’s satisfaction that the stated remedial conditions have been met and that dangerous noncompliance is not likely to reoccur. Any suspension of a Special Permit lasting for more than 24 hours must be accompanied by the issuance of an appearance ticket specifying the relevant violation of Town Code, or the suspension is automatically lifted. An appearance ticket may, but need not, be issued for a dangerous noncompliance that is immediately remedied.

 

L.              Additional Applicable Article V Provisions - in addition to the provisions of this section, the following sections of Article V. Special Permit Uses shall apply to special permits issued pursuant to this section:

              1.              255-5-26. Substantial expansion of existing special permit uses;

              2.              255-5-32. Effect of permit;

              3.              255-5-40. General standard; and

              4.              255-5-100. Violations.

 

M.              Duration of Pilot Program - This pilot program shall expire unless extended or incorporated as a permanent special permit, on December 2021. Any special permits issued pursuant to this pilot program shall expire on December 2021 and shall not constitute “existing special permits” under section 255-5-25, and approval for continued use must be obtained pursuant to different section of the Town Code.

 

 

 

SECTION 2.  Authority.

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

 

SECTION 3.  Severability.

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

 

SECTION 3.  Effective Date.

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

 

AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing:

 

NOTICE OF PUBLIC HEARING

Intro. #__ of 2020

 

NOTICE IS HEREBY GIVEN that the Town Board of the Town of East Hampton will hold a public hearing on Thursday, December 3, 2020 at 11:00 a.m. or as soon thereafter as this matter may be heard, to consider comments of all persons either for or against a local law entitled: “A LOCAL LAW amending Article 5 of Chapter 255 (Special Permit Uses) with Regard to creating a Pilot Program to allow transfer of indoor dining use to outdoor space.”

Summary of Proposed Law

Allows the Principal Building Inspector to grant special permits to allow greater flexibility as to placement of indoor dining occupancy in outdoor spaces.

 

Due to public health and safety concerns related to COVID-19, the Town Board will not be meeting in-person.  In accordance with the Governor’s Executive Order 202.1, the 21st of May, 2020 meeting of the Town Board will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide comments.  

 

The public can watch the live meeting on Local TV Channel 22, and live online from the Public Meetings link on the LTV website (https://www.ltveh.org). If any interested members of the public would like to provide comments on a Public Hearing, comments can be called in during the meeting at the call in number provided on the Town’s website and displayed on the live feed at the time of hearing, (351) 888-6331.  Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk and placed upon the Town's website, and comments will be accepted in writing by the Town Board to be received by email to cbrennan@ehamptonny.gov or by mail to Town Clerk, 159 Pantigo Road, East Hampton, New York 11937 and actually received by December 18, 2020 or one (1) week after the posting of the hearing transcript, whichever is later. Please check the meeting Agenda posted on the website for any changes to the instructions to access the virtual meeting, and for updated information. 

 

RESOLUTION:              2020-1089

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Housing

Adopt 2021 Section 8 Administrative Plan

 

              WHEREAS, the United States Department of Housing and Urban Development, (HUD), requires that all entities administering a Section 8 Tenant Based Assistance adopt annually a One Year Plan, including an updated Comprehensive Plan for the Section 8 Program; and

 

              WHEREAS, The Office of Housing and Community Development, a department of the Town of East Hampton, has had its staff prepare said plans and made them available for public viewing beginning September 18, 2020 at the Office of Housing and Community Development at 267 Bluff Road in Amagansett and on the Town's website and no comments were received; and

 

              WHEREAS, proper public notice was given of said plan's availability and of the public hearing which was held on November 5, 2020, and

 

              WHEREAS, a public hearing was held consistent with Covid-19 protocols where the Town Board was available to receive comments regarding said plans and none were received, now therefore be it

 

            RESOLVED, that the Town Board herby adopts the plan as heard and authorizes the Director of Housing to execute any and all documents related to the adoption of the plan and authorizes the Office of Housing and Community Development to carry out the plan consistent with HUD regulations, and be it further

 

              RESOLVED, that the Clerk is hereby directed to forward a certified copy of this resolution to Tom Ruhle, Director of Housing

 

RESOLUTION:              2020-1090

CATEGORY:                            Grants

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Housing

Adopt 2021 CDBG Budget

 

RESOLVED, that the Supervisor, Deputy Supervisor and/or the Director of Housing, where applicable, are  hereby authorized to execute the Year 2021 Community Development project description forms describing the following projects which are adopted by the Town Board as the 2021 Community Development Block Grant budget:

 

              Public Services                                                       

              Catholic Charities                                          $                          5,000.00              

              Mauren's Haven                                          $                           5,000.00              

             

              Public Works                                                       

              Windmill 1                                                        $                        46,185.00              

              kitchen cabinets and Counter tops                           

              Whalebone Housing                                          $                        31,315.00              

              ADA improvements                                                       

              EHHA                                                                      $                        30,000.00              

              Solar Panels for Avallone Apartments                           

              Retreat                                                        $                          7,500.00              

              Security Cameras                                                       

                                                                                    $                      125,000.00              

 

 

RESOLVED, that the aforementioned officials are hereby authorized to execute any documents necessary to effectuate those projects as approved by the Town Board, and be it further

 

 

RESOLVED, that the Clerk is hereby directed to forward a copy of this resolution

to:

 

Tom Ruhle, Director of Housing and Community Development

Len Bernard, Town Budget Officer

 

RESOLUTION:              2020-1091

CATEGORY:                            Bids to Notice

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Purchasing

Notice RFP EH2020-108 - Professional Management Services for Camp Hero Wastewater System Proposal Available 11/19/20 - Proposal Due 12/10/20

 

WHEREAS, the Town of East Hampton wishes to obtain services through a Request for Proposal for Professional Management Services for Camp Hero Wastewater System; now, therefore be it

 

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

 

                                                                      Request for Proposals

 

TAKE NOTICE, sealed proposals will be received by the Senior Purchasing Agent, Purchasing Department, 159 Pantigo Road, East Hampton on Thursday, December 10, 2020, no later than 3:00 p.m. prevailing time.

 

Request for Proposals Package for the Professional Management Services for Camp Hero Wastewater System may be obtained from the Purchasing Office by email or phone only between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, (except Holidays) beginning Thursday, November 19, 2020, by emailing: jcarroza@ehamptonny.gov., purchasing@ehamptonny.gov or calling: 631.324.4183. 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, the following proposals shall be received by the Senior Purchasing Agent by 3:00 p.m. on the date noted below, at which time be publicly read aloud:

 

 

RFP #                            Name                                                                                                  Opening Date                           

EH2020-108              Professional Management Services                                          December 10, 2020

                            for Camp Hero Wastewater System             

D.              COUNCILMAN BRAGMAN

 

RESOLUTION:              2020-1092

CATEGORY:                            Budget

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Bookkeeping

Budget Modification - Assessor's Office

 

Resolved, at the request of the department head the Budget Office is directed to make the following changes in the 2020 Assessor's budget to fund the purchase of shelving for storage purposes:

 

From A1355-54500 (Subcontractor) $2,000 to A1355-52100 (Furniture and Fixtures)

 

RESOLUTION:              2020-1093

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Town Attorney

Increase Cap - Cooley LLP for Certain Airport Projects - 2020

 

RESOLVED, that the Town of East Hampton has retained the services of Cooley, LLP, as outside counsel to represent the Town in aviation matters and desires for them to continue for calendar year 2020; and be it further

 

RESOLVED, said counsel is authorized to take all necessary and appropriate action on behalf of the Town in coordination with the Town Attorney; and be it further

 

RESOLVED, that an increase in fees is required and such increase shall be capped at $125,000.00 constituting a total of $400,000.00 to be spent on legal services provided by 

Cooley, LLP., with any further expenditures to be subject to review and approval of the Town Board; and be it further

 

RESOLVED, that payment to said counselor(s) shall be paid, upon claim vouchers properly submitted; and be it further

 

RESOLVED, that said legal fees shall be paid out of budget line SX5610-54520 Airport - Outside Professional in an amount not to exceed $400,000.00. 

E.              SUPERVISOR VAN SCOYOC

 

RESOLUTION:              2020-1094

CATEGORY:                            Appointments

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Part Time Laborer in the Highway Department - Caelyn Grunewald

 

              RESOLVED, that Caelyn Grunewald be and is hereby appointed as a part time Laborer in the Highway Department, at an hourly rate of $18.226 per hour, to be paid bi-weekly from budget account DB5110.51200, upon proper submission of time records, effective November 22, 2020.

 

RESOLUTION:              2020-1095

CATEGORY:                            Appointments

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Natural Resources

Appoint Town CCA Advisory Group

 

WHEREAS, on November 5, 2020 the Town Board adopted Resolution 2020-1026 to adopt a local law enabling a Community Choice Aggregation (Energy) Program; and

 

WHEREAS, the CCA enabling legislation calls for the formation of a CCA advisory group to be established to develop and review CCA related proposals, act as the Town's agent in awarding said proposals, and forward information regarding such awards to the Town Board for ratification; and

 

WHEREAS, pursuant to Resolution 2020-630, the Town hired Renewable Energy Long Island to provide subject matter expertise and guidance in the development of a municipal Community Choice Aggregation program, per RFP EH2020-103; now, therefore be it

 

RESOLVED, the following individuals, or the designee of each, are appointed to the East Hampton Town CCA Advisory Group:

 

Peter Van Scoyoc, Town Supervisor

 

Sylvia Overby, Deputy Supervisor and Town Board liaison to the Energy Sustainability Committee

 

John Jilnicki, Town Attorney

 

Town Budget Officer of the Division of Finance

 

Environmental Protection Director of the Department of Natural Resources

Town Senior Purchasing Agent

 

Current Chair of the East Hampton Energy Sustainability Committee

 

Lisa Broughton, Energy Director of the Suffolk County Department of Economic Development and Planning and member of the Suffolk County Community Choice Aggregation Task Force

 

RESOLUTION:              2020-1096

CATEGORY:                            Appointments

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Supervisor

Appoint Police Reform Committee Members

 

WHEREAS, New York State has instructed each municipality to undergo a collaborative "Police Reform and Reinvention" process to engage the public and assess the community's needs and desires in regards to the function of the East Hampton Town Police Department (EHTPD); and

 

WHEREAS, the culmination of this process will be a plan outlining ways to address these areas of need and foster a positive relationship between the EHTPD and the community; and

 

WHEREAS, a committee of members representing stakeholder groups in East Hampton is being formed to develop the plan and policy recommendations based on public input; therefore be it

 

RESOLVED, the Town Board does hereby appoint the following members to the Police Reform Committee for the remainder of the 2020 calendar year.

 

Gordon Ryan

Aubrey Peterson

Sandra Dunn

Mary Bromley

Loretta Davis

Josh Franklin

Fred Doss

Leandra Lambert

PBA Member

Kathee Burke-Gonzalez - councilwoman

Supervisor Peter Van Scoyoc - liaison

 

RESOLUTION:              2020-1097

CATEGORY:                            Appointments

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Supervisor

Appoint Wireless Communications Committee Members

 

WHEREAS, cell coverage and service has been an ongoing hardship for the Town of East Hampton; and

 

WHEREAS, an RFP has been circulated and awarded for a wireless consultant to review incoming applications from wireless companies; and

 

WHEREAS, a committee of representatives will review the overall needs of the town and provide technical knowledge and resources to outline potential solutions; therefore be it

 

RESOLVED, the Town Board does hereby appoint the following members to Wireless Communications Committee for the remainder of the 2020 calendar year.

 

Biddle Duke

Eliza Pertz

Arthur Malman

JP Foster

Eric Schantz - Planning Department Ex-oficio

Eddie Schnell - Communications Technician  Ex-oficio

Supervisor Peter Van Scoyoc - Liaison

 

RESOLUTION:              2020-1098

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Human Resources

Termination of Seasonal & Part Time Employees

 

              WHEREAS, the following employees were appointed by Town Board Resolution, part time and seasonally, and, now, therefore be it              

             

              RESOLVED, that following employees are hereby terminated from their appointed titles effective on the following dates:

 

              Kimberly Bautista              Traffic Control Officer              Police                            10/18/2020

              Joseph Chacho              Traffic Control Officer              Police                            10/18/2020

              John Forrester                            Laborer                                          Parks                            10/23/2020

              Paul Gonzalez                            Traffic Control Officer              Police                            10/18/2020

              Austin Guanga                            Traffic Control Officer              Police                            10/17/2020

              Morgan Neff                            Harbor Master                                          Marine Patrol              08/30/2017

              Edward Reid                            Sr. Lieutenant Lifeguard              Beaches              09/02/2019

              Syasia Street                            Recreation Aide                            Recreation              09/12/2020

              Kelsey Vela                            Senior Lifeguard                            Beaches              06/20/2020

 

RESOLUTION:              2020-1099

CATEGORY:                            Appointments

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Human Resources

Status Change from Seasonal to Part Time - Police Employees

 

              WHEREAS, the following employees are temporarily status changed from part time to seasonal, now, therefore be it

 

              RESOLVED, that the following employees be and are hereby reinstated to their part time positions with the East Hampton Town Police Department, with no change in hourly salary and budget account, effective retroactive to the following dates:

 

              Ryan Bono                                          Sr. Traffic Control Officer              11/2/2020

              Jake Lee Bramwell                            Police Officer                                          10/2/2020

              William Field                                          Traffic Control Officer              11/2/2020

 

RESOLUTION:              2020-1100

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Human Resources

Completion of Probationary Period for Patrick Royal

 

              WHEREAS, by Resolution 2019-298, dated February 21, 2019, The Town Board appointed Patrick Royal to the position of Police Officer effective March 3, 2019, and,

 

              WHEREAS, Patrick Royal has successfully completed his probationary period of 18 months, and, now, therefore be it,

 

              RESOLVED, that Police Officer Patrick Royal has completed his 18 months of evaluation, training and probation and is hereby permanently appointed to the position of Police Officer, effective retroactive to September 3, 2020.

 

RESOLUTION:              2020-1101

CATEGORY:                            Fees

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Police Department

Police Officer Training Northeast Public Safety Divers

 

WHEREAS, officer personnel of the East Hampton Town Police Department have been attending important training; now, therefore be it

 

RESOLVED, that Det. John Anderson Jr., Sgt. Gregory Martin, P.O. Timothy Lamprecht, P.O. Brett Herlihy, and P.O. Robert E. Stone III are hereby authorized to attend the ERDI ICE Diver Training at Sylvan Lake, New York (pending ice conditions/location subject to change) from February 5, 2020 through February 7, 2020 sponsored by Northeast Public Safety Divers; and be it further

 

RESOLVED, all allowable expenses will be paid from Budget Account B3120.54231, B3120.54200 and A3125.54231 upon voucher(s) properly submitted in an amount not to exceed $5,000.00

Financial Impact:

$5,000.00

 

 

RESOLUTION:              2020-1102

CATEGORY:                            Issue Check

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Police Department

Authorize Payment Past Due Priority Dispatch 2018 Invoice Police Department

 

WHEREAS, it has come to the attention of the Town that a 2018 invoice dated 10/1/2018 from Priority Dispatch service has not been paid; now, therefore be it

 

RESOLVED, that payment is hereby authorized to Priority Dispatch totaling $108.00 from budget account B3120.54231 upon voucher properly submitted.

Financial Impact:

$110.00

 

 

RESOLUTION:              2020-1103

CATEGORY:                            Fees

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Building

Refund Building Permit Renewal Fee

 

WHEREAS, a Building Permit #43688 was Renewed to Build a Swimming Pool at Premises Situate:27 Sheep Fold Lane, Springs, S.C.T.M. 300-24-4-46, which was to be closed by owner, but sent a check due to a letter for renewal fees and was issued in error.

 

WHEREAS, the owners has requested the Principal Building Inspector Ann M. Glennon return the renewal fee for Building Permit #43688, due to the permit is closed and not being built;

 

Now, therefore, be it

 

RESOLVED, that the Bookkeeping Office is hereby authorized to issue a check in the amount of $270.00 For reimbursement of Renewal fees for Building Permit #43688 to Alfred Schaffer, 27 Sheep Fold, East Hampton, N.Y. 11937.

Financial Impact:

Refund of fees

 

 

RESOLUTION:              2020-1104

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

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Increase Cap - Devitt Spellman Barrett, LLP -  Vanderveer Vs. Zoning Board of Appeals of the Town of East Hampton, Et Al - 2020

 

WHEREAS, pursuant to Town Board Resolution #2020-269, the Town of East Hampton retained the services of Devitt Spellman Barrett, LLP, to represent the Town as preliminary counsel in the matter of Donald A. Vanderveer against Zoning Board of Appeals of the Town of East Hampton, John P. Whelan, as Chairperson, Samuel Kramer, as Vice Chair, and Members of the Town of East Hampton Zoning Board of Appeals; Ann M. Glennon, as Town of East Hampton Principal Building Inspector; Elizabeth L. Baldwin, Esq., as Counsel to the ZBA; and Town of East Hampton, Index Number 05040/2018; now, therefore be it

 

WHEREAS, legal matters are still pending; now, therefore be it;

 

RESOLVED, that an increase in funding is required and such increase shall be capped at $20,000.00 (TWENTY THOUSAND DOLLARS and 00/100) constituting a total of $28,000.00 (TWENTY EIGHT THOUSAND DOLLARS and 00/100) for the 2020 calendar year to be spent on legal services provided by Devitt Spellman Barrett, LLP., with any further expenditures to be subject to review and approval of the Town Board; and be it further

 

RESOLVED, that said counsel is to be paid in accordance with the fee schedule set forth in Resolution No. 2020-269, upon voucher properly submitted, from the budget account

#B 1420 54520.

 

RESOLUTION:              2020-1105

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Increase Cap - 2020 Retain Law Firm of Picciano & Scahill, P.C.

 

RESOLVED, that the Town of East Hampton has retained the services of Picciano & Scahill, P.C., as outside counsel to represent and advise the Town for the 2020 calendar year in matters entitled "New Cingular Wireless PCS, LLC d/b/a AT&T Mobility v. The Planning Board of the Town of East Hampton, the Town of East Hampton, the Town of East Hampton Architectural Review Board and the Town of East Hampton Building Department", pending in the United States District Court under Civil Action No. 2:18-cv-00242", and be it further

 

              RESOLVED, said counsel is authorized to take all necessary and appropriate action on behalf of the Town in coordination with the Town Attorney; and be it further

              RESOLVED, that an increase in fees is required and such increase shall be capped at $10,000.00 constituting a total of $45,000.00, to be spent on legal services provided by Picciano & Scahill, P.C., with any further expenditures to be subject to review and approval of the Town Board; and be it further

              RESOLVED, that said counsel is to be paid in accordance with the fee schedule set forth in Resolution No. 2020-276, upon voucher properly submitted, from the budget account #A 1420 54520:

 

RESOLUTION:              2020-1106

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

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Increase Cap Dan Ruzow & Whiteman, Osteman & Hanna, LLP as Outside Environmental Counsel - 2020 (SEQRA)

 

WHEREAS, pursuant to Town Board Resolution 2020-375, the Town of East Hampton retained the services of Dan Ruzow, Whiteman Osterman & Hanna, LLP, to provide legal services related to State Environmental Quality Review Act (SEQRA) including the Town Board, Planning Board and ZBA; for the calendar year 2020; and

 

WHEREAS, legal matters are still pending; now, therefore be it;

 

RESOLVED, that an increase in funding is required and such increase shall be capped at $10,000.00 (TEN THOUSAND DOLLARS and 00/100) constituting a total of $25,000.00 (FIFTEEN THOUSAND DOLLARS and 00/100) for the 2020 calendar year to be spent on legal services provided by Dan Ruzow, Whiteman Osterman & Hanna, LLP, with any further expenditures to be subject to review and approval of the Town Board; and be it further

 

RESOLVED, that said counsel is to be paid in accordance with the fee schedule set forth in Resolution No. 2020-375, upon voucher properly submitted, from the budget account #A 1420 54520.

 

RESOLUTION:              2020-1107

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

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Picciano & Scahill, P.C.-  2020  Increase Cap

 

RESOLVED, that the Town of East Hampton has retained the services of Picciano & Scahill, P.C., as outside counsel to represent and advise the Town for the 2020 calendar year in matters entitled "Leichter et al v. Zoning Board of Appeals for the Town of East Hampton, et. al.", Index No. 20-01188, and Leichter et al vs. Planning Board for the Town of East Hampton, et. al." Index No. 20-01377, pending in the New York State Supreme Court for the County of Suffolk; now therefore, be it

              RESOLVED, said counsel is authorized to take all necessary and appropriate action on behalf of the Town in coordination with the Town Attorney; and be it further

              RESOLVED, that an increase in fees is required and such increase shall be capped at $35,000.00 constituting a total of $75,000.00, to be spent on legal services provided by Picciano & Scahill, P.C., with any further expenditures to be subject to review and approval of the Town Board; and be it further

              RESOLVED, that said counsel is to be paid in accordance with the fee schedule set forth in Resolution No. 2020-404, upon voucher properly submitted, from the budget account #A 1420 54520:

 

RESOLUTION:              2020-1108

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

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Revise Reso # 220-897 Increase Cap -  Dan Ruzow & Whiteman, Osterman & Hanna, LLP as Counsel (Sand Hwy)

 

WHEREAS, pursuant to Town Board Resolution 2020-447, the Town of East Hampton retained the services of Dan Ruzow, Whiteman Osterman & Hanna, LLP, to take appropriate action, including legal proceedings against the NYS Department of Environmental Conservation (NYSDEC) and/or Sand Highway LLC in connection with the recent issuance of an amended Mine Land Reclamation Permit by the NYSDEC to allow excavation below the groundwater table and creation of a 6.05+/- lake at premises on Middle Highway, East Hampton; and be it further

 

WHEREAS, legal matters are still pending; now, therefore be it;

 

RESOLVED, that an increase in funding is required and such increase shall be capped at $75,000.00.00 (SEVENTY FIVE THOUSAND DOLLARS and 00/100) constituting a total of $126,000.00 (ONE HUNDRED TWENTY SIX THOUSAND DOLLARS and 00/100) for the 2020 calendar year to be spent on legal services provided by Dan Ruzow, Whiteman Osterman & Hanna, LLP, with any further expenditures to be subject to review and approval of the Town Board; and be it further

 

RESOLVED, that said counsel is to be paid in accordance with the fee schedule set forth in Resolution No. 2020-447, upon voucher properly submitted, from the budget account #A 1420 54520.

 

RESOLUTION:              2020-1109

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Authorize Agreement - Pictometry International Corp.

 

WHEREAS, the Town of East Hampton previously retained Pictometry International Corp. ("Pictometry") to provide software for neighborhood imagery to the Department of Information Technology in order to enhance the functionality of the Town's GIS system; and

 

WHEREAS, the Town desires to obtain further updates and enhancements to our GIS system, including change detection that will compare properties from 2018 with current conditions , which will be useful for various Town departments; and

 

WHEREAS, Pictometry has submitted a proposed agreement to provide updates and enhancements to the Town's GIS, and the proposed services have been reviewed and approved by the Town's GIS Manager in the Department of Information Technology; and

 

WHEREAS, the Town has budgeted for capital improvements in anticipation of retaining Pictometry to provide updates and enhancements, in the amount of $100,000.00; now, therefore, be it

 

RESOLVED, that the Town Board hereby approves the Agreement with Pictometry, subject to the review and approval of the Town Attorney, for upgrades and enhancements to the Town's GIS neighborhood imagery system, as set forth in the proposed Agreement, at a cost not to exceed $97,104.00 to be paid from budget account HA1680 52201 20009, and be it further

 

RESOLVED that the Supervisor is authorized and directed to sign an Agreement with Pictometry for such upgrades and enhancements on behalf of the Town.

Financial Impact:

$97,104.00 budget account HA1680 52201 20009

 

 

RESOLUTION:              2020-1110

CATEGORY:                            Bids Accepted

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Purchasing

Accept Proposal  - RFP #EH2020-105 - Professional Engineering Services for Lake Montauk Stormwater Abatement Design Re-Proposal - P.W. Grosser Consulting Engineer & Hydrogeologist, PC and D&B Engineers and Architects, P.C.

 

WHEREAS, the Town Board solicited proposals for Professional Engineering Services for Lake Montauk Stormwater Abatement Design Re-Proposal, RFP EH2020 -105; and

 

WHEREAS, the proposals of P.W. Grosser Consulting Engineer & Hydrogeologist, PC and D&B Engineers and Architects, P.C., were the proposals received which best met the proposal guidelines and being in proper form; now, therefore be it

 

RESOLVED, that at the recommendation of the evaluation committee and Jeanne Carroza, CPPB, Senior Purchasing Agent, the proposals of P.W. Grosser Consulting Engineer & Hydrogeologist, PC for South Lake Permeable Pavement and D&B Engineers and Architects, P.C. for West Lake Permeable Pavement and West Lake Bioretention/Vegetated Swales , to provide services in accordance with their proposals, are hereby accepted; and, be it further

 

RESOLVED, the Town Supervisor is hereby authorized and directed to enter into an Agreement with  P.W. Grosser Consulting Engineer & Hydrogeologist, PC for South Lake Permeable Pavement and D&B Engineers and Architects, P.C. for West Lake Permeable Pavement and West Lake Bioretention/Vegetated Swales for the provision of services consistent with the Contractors' response to the Request for Proposals, said Agreement to be subject to the review and approval of the Town Attorney. 

Financial Impact:

CA8802-54500

 

 

RESOLUTION:              2020-1111

CATEGORY:                            Bids Accepted

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Purchasing

Accept Proposal  - RFP #EH2020-101 - Consulting Engineering Services  For the Map & Plan of a Wastewater Collection System for Downtown Montauk - H2M Architects & Engineers

 

WHEREAS, the Town Board solicited proposals for Consulting Engineering Services

For the Map & Plan of a Wastewater Collection System for Downtown Montauk, RFP EH2020 -101; and

 

WHEREAS, the proposal of , H2M Architects & Engineers was the proposal received which best met the proposal guidelines and being in proper form; now, therefore be it

 

RESOLVED, that at the recommendation of the evaluation committee and Jeanne Carroza, CPPB, Senior Purchasing Agent, the proposal of H2M Architects & Engineers to provide services in accordance with their proposal, is hereby accepted; and, be it further

 

RESOLVED, the Town Supervisor is hereby authorized and directed to enter into an Agreement with H2M Architects & Engineers for the provision of services consistent with the Contractors' response to the Request for Proposals, said Agreement to be subject to the review and approval of the Town Attorney. 

 

RESOLUTION:              2020-1112

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Budget Modification - Salaries

 

Resolved, that the Town Board directs the Budget Office to make the following budget modification to reflect staffing configuration during COVID - 19:

 

From:

 

Budget Line: 

              Town Clerk Full-time Salaries                                               A1410.51100                            $10,000.00

              Justice Court Part-time Salaries                                 A1110.51200                            $500.00             

              Superintendent of Highways Part-time Salaries  A5010.51200                            $3,100.00                                         

 

To:

 

Budget Line: 

              Town Clerk Part-time Salaries                                            A1410.51200                                          $10,000.00

              Justice Court Overtime                                            A1110.51300                                          $500.00

              Superintendent of Highways Overtime                 A5010.51300                                          $3,100.00

 

RESOLUTION:              2020-1113

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Adoption - 2021 Town Budget

 

Whereas, the 2021 Preliminary Budget for the Town was posted, noticed for hearing and heard on November 5, 2020 in accordance with Town Law, and

 

Whereas, the Town Board did not make any changes to the Preliminary Budget as heard on November 5, 2020, now therefore be it

 

Resolved, that the Town Board adopts the 2021 Preliminary Budget as noticed and heard and that the Preliminary Budget now becomes the Adopted Budget for 2021 to take effect January 1, 2021.

 

RESOLUTION:              2020-1114

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Supervisor

Accept Donation to EH Town Police Department --Training System

 

Acceptance of Donation - Police Department

WHEREAS. an individual has come forward offering to donate funding for the acquisition of a virtual firearms training simulator by the East Hampton Town Police Department; and

 

WHEREAS, the individual donor has committed to fund the total cost for the acquisition of the simulator, at a cost of $53,000.00; and

 

WHEREAS, once acquired, the East Hampton Town Police Department intends to make the simulator available to other local enforcement agencies, and to utilize the simulator in appropriate educational settings; and

 

WHEREAS, acquisition of the firearms training simulator will increase training opportunities for local law enforcement agencies by providing virtual "real world" training without the need to commute to distant training locations; and

 

WHEREAS, the individual donor has requested that his/her identity remain completely anonymous and confidential, now therefore be it

 

RESOLVED, that the Town Board accepts the anonymous donation of $53,000.00 for the purchase of a virtual firearms training simulator by the East Hampton Town Police Department;  and be it further

 

RESOLVED, that the following modification be made to the 2020 operating budget to account for the donation and the expenditure of the donation as described above:

 

Add $53,000.00 to Revenue Line B0-42707 (Gifts and Donations)

Add $53,000.00 to Expenditure Line B3120-52600 (Other Equipment - Police Department)

 

RESOLUTION:              2020-1115

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

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Clerk

Green River Cemetery-Additional Plots

 

WHEREAS, Resolution # 2020-449 authorized George Walbridge Surveyors to survey Green River Cemetery for creating additional plots and

 

WHEREAS, George Walbridge Surveyors has provided  a quote of $600.00 to Stake-out and install stakes for the new plot corners for the additional plots created at Green River Cemetery; therefore be it

 

RESOLVED, the Town Board does hereby approve the services of George Walbridge Surveyors in the amount of $600.00 to be taken from budget line A8810.54502 upon properly submitted purchase order.

 

RESOLUTION:              2020-1116

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Supervisor

Acceptance of Donation from OLA: Cell Phones for EHTPD Language Line Service

 

Whereas, OLA of Eastern Long Island has offered to donate cell phones to the East Hampton Police Department to be equipped with "language line" services and used in squad cars to assist with translation; and

 

Whereas, it has been determined that these services will assist officers in interacting with non-English speakers; and

 

Whereas, funds to cover the ongoing cost of the services have been included in the 2021 East Hampton Town Police Department budget;

 

Therefore, be it resolved that the Town of East Hampton gratefully accepts the donation from OLA of ten (10) cell phones to be used for translation/ "language line" services.

F.              ADDITIONAL RESOLUTIONS