East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

Town Board Meeting of December 5, 2017
East Hampton, New York

 

 

I.              Call to Order

10:00 AM Meeting called to order on December 5, 2017 at Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY.

 

Attendee Name

Organization

Title

Status

Arrived

Kathee Burke-Gonzalez

Town of East Hampton

Councilwoman

Present

 

Peter Van Scoyoc

Town of East Hampton

Councilman

Present

 

Sylvia Overby

Town of East Hampton

Councilwoman

Absent

 

Fred Overton

Town of East Hampton

Councilman

Present

 

Larry Cantwell

Town of East Hampton

Supervisor

Present

 

Carole A. Brennan

Town of East Hampton

Town Clerk

Present

 

Michael Sendlenski

Town of East Hampton

Town Attorney

Present

 

II.              Public Portion

Loring Bolger questioned the GERSH lease of the CDCH building.  The Springs CAC is in opposition to the lease/agreement.  The schools are already providing services.  The same children going to this school will cost in excess of $50,000 each. 

 

Martin Drew spoke about being included.  He is still wondering when the board will care about recreational needs.  He does not see why the Superintendents of the schools are against GERSH.  Money seems to be the interest to the school. 

 

Ira Boroken says that he and others he knows supports public education.  He thanked Larry for all his service.  He also thanked Fred and congratulated Kathee and Peter.  He spoke about the time line for adoption of a management plan.  He also thinks that next year we should continue with the adopt a preserve program. 

 

Julian B. spoke about the push back by the school superintendents.  He is here to represent special needs children.  There are 27 institutions on Long Island but none on the east end. 

 

Jean a teacher of special needs children.  She has five children the youngest with special needs.  She states that even though the schools do provide services, they are not the services needed by children with severe autism.  Some children cannot be in a classroom with others.  It is crazy that there is not a devoted school on Long Island. 

 

III.              Topics

A.              Bids - Jeanne Carroza

Jeanne Carroza spoke about bids for notice, acceptance, extension and rejection that she will have on the agenda Thursday night. 

 

Melissa Winslow, Natural Resources spoke about Hog Creek project. She spoke about the RFP for services in conjuction with the project.  The selection committee and the technical committee interviewed two companies and selected Rue Associates.  She explained the differences in both bids. 

 

John Aldred spoke about the RFP for lease of space at the Town's Hatchery.  They will be leasing 1,000 sq. feet of outdoor space for $4,000 per year.  It is going to be a hatchery for oyster growing. 

 

B.              Pilot Agreement Project AMG 531 - Katy Casey, East Hampton Housing Authority

Katy Casey spoke about the pilot agreement project for the EH Housing Authority.  She explained the legalities of what fees/taxes the Housing Authority can pay.  She has sat down with the Assessor's earlier this year to calculate the difference in fees between a housing project and a private project.  The Housing Authority will be making a payment in lieu of taxes of $25,000 to be shared by the Amagansett Library and School. 

C.              Presentation Water quality testing in Lake MTK - Kim Shaw, U.S. Geological Survey, Concerned Citizens for Montauk

Kim Shaw spoke about water quality testing in Lake Montauk.  Laura president of the CCOM.  She spoke about testing they have been doing over the last five years.  This year they have reached out to the USGS for assistance with the project. 

 

Sean and Kristen from the USGS spoke about the project and the testing numbers that they have been coming up with in the lake.  She explained the process that they will be using.  Their labs will be able to tell the origin of the ecoli bacteria.  The project is going to cost $75,000 of which the Town will pay $13,000 over a two year period.  The final report is expected to be in September 2019. 

D.              Deepwater Wind - Jennifer Garvey

Clint Plumber representative of Deepwater Wind.  His is here to give the board and the listeners an update on their project.  The wind farm should be online in 2022.  It will provide energy for 50,000 homes.  It is located 30 miles off of Montauk.  The overall project began in 2011.  They expect to submit there applications to the appropriate agencies in 2018.  They suspect that approval will take approximately 2 years.  He explained the route that they are planning on using.  They will need permission to use Town and Trustee lands and roads before they can submit the project permits.  He spoke about the entire 25 year project.  He explained the Community Benefits Proposal that Deepwater is proposing.  They would need to have easements from the Town in order to bury the cables on Beach Lane.  They propose not to be doing work in Wainscott during the peak season.  The question was raised regarding contact with the homeowners on Beach Lane and the fishermen that utilize that area daily. 

 

Questions from the audience. 

 

A resident of Wainscott asked why the burying of the lines will end where they propose it to.

 

Sy asked why there seems to be disclosure issues between LIPA and Deepwind.

 

A question was raised on the visual effects of the project.  How long will you be looking at the construction in the area of the beach. 

 

How many turbines will there be?  15 was the answer. 

 

Question of funds to the Trustees. 

 

What will Beach Lane look like after the project is complete. 

 

How much contact has the fisheries liaison had with the local fishing community? 

 

 

E.              Agreement with Springs School to Fuel Busses at Town/Village Joint Facility

Charlene Kagel-Betts spoke about an agreement between Springs School and the Town/Village for use of the jointly owned fuel facility.  She explained the possibilities of adding a third party to the original agreement.  This is a great way of sharing services.  If all parties are in favor a simple IMA will be drawn up by the Town Attorney. 

F.              Southern Pine Beetle Update - Scott Wilson

Andy Drake, Land Acquisiton and Management here to give an update on the Southern Pine Beetle infestation.  Originally there were 800 trees that multiplied to 1600 within one week.  The beetle was originally found in Brookhaven in 2014.  It then went to Southampton Town in 2015 where they did a lot of damage.  To date they have found 7720 infected trees.  They have been overseeing tree companies falling the trees.  To date 5134 trees have been taken down.  They inspected over 210 private properties covering 515 acres.  85 properties covering 300 acres have been found to be infected.  They are using a cut and leave method to try to supress the situation. 

 

Supervisor Cantwell and the other board members thanked the Land Acquisition and Management department for all there hard work on controlling these bettles. 

IV.              Liaison Reports

Kathee Burke-Gonzalez updated the board on a call with the DEC, SCDH and SCWA regarding the water issue in Wainscott.  She spoke on some of the testing results.  She also spoke about the DEC investigation on the matter. 

 

Peter Van Scoyoc spoke about the Fowler House on Springs Fireplace Road. 

 

Fred Overton spoke about last weeks SCAC meeting.  The Springs Fire District and the Springs School attended the meeting.  There are issues with communication between the EMS system and the Fire District. 

 

V.              Resolutions

A.              COUNCILWOMAN BURKE-GONZALEZ

1.              Resolution 2017-1243

Category:              Budget

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Bookkeeping

Amend Budget for Airport Retirement

Whereas, due to staffing change during 2017 , the Retirement expense for the Airport is in need of funding; and  now be it

 

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

 

From:

Budget Line:              A 9000 59010 Retirement in the amount of $3663.09

Budget Line:  SX5610 51990 Contingency in the amount of  $ 5,775.00

 

 

To:

Budget Line:  CD8680 59010 Comm. Development in the amount of $3663.09

Budget Line:  SX 5610 59010 Airport Retirement       in the amount of  $ 4,000.00

Budget Line:  SX 9000 59010 Part Time  Retirement in the amount of $1,775.00

 

 

 

ü Vote Record - Resolution RES-2017-1243

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Mover

þ

¨

¨

¨

Peter Van Scoyoc

Seconder

þ

¨

¨

¨

Sylvia Overby

Voter

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

B.              SUPERVISOR CANTWELL

1.              Resolution 2017-1244

Category:              Personnel Misc.

Sponsors:              Supervisor Larry Cantwell

Department:              Town Attorney

Terminate Employment of Arthur Bloom and Adopt Findings of Fact and Recommendations of Hearing Officer

WHEREAS, disciplinary charges and specifications were preferred against Town Ordinance Inspector Arthur Bloom on or about December 15, 2016 by Assistant Director of Public Safety Kelly Kampf alleging misconduct and incompetence; and

 

WHEREAS, a hearing was held regarding said charges in accordance with the provisions of Civil Service Law section 75 before the duly-designated Hearing Officer, Eileen Powers, Esq. (the “Hearing Officer”), and

 

WHEREAS, the Hearing Officer issued Findings of Fact and Recommendations, dated November 6, 2017, wherein the Hearing Officer found Arthur Bloom guilty of the charges of misconduct and incompetence preferred against him on or about December 15, 2016, and recommended termination of Mr. Bloom’s employment as a penalty; now, therefore, be it

 

RESOLVED, that the Town Board hereby adopts said Findings of Fact and Recommendations of Hearing Officer Powers, dated November 6, 2017; and be it further

 

RESOLVED, that Arthur Bloom’s employment with the Town is hereby terminated effective December 5, 2017 and be it further,

 

RESOLVED, that he be paid for his accrued time to wit: 1.88 hours of Compensatory Time in the amount of $47.56 along with his pay through December 5, 2017.

 

 

 

ü Vote Record - Resolution RES-2017-1244

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

þ

¨

¨

¨

Peter Van Scoyoc

Seconder

þ

¨

¨

¨

Sylvia Overby

Voter

¨

¨

¨

þ

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Mover

þ

¨

¨

¨

 

 

 

2.              Resolution 2017-1245

Category:              Personnel Misc.

Sponsors:              Supervisor Larry Cantwell

Department:              Town Attorney

Accept Retirement of Elizabeth Bambrick

WHEREAS, Elizabeth Bambrick (“Bambrick”) is employed by the Town as Director of Code Enforcement; and

 

WHEREAS, Ms. Bambrick has advised the Town of her intention to retire from the Town’s employ effective December 15, 2017; now, therefore, be it

 

RESOLVED, that the Town Board hereby accepts Ms. Bambrick’s retirement effective December 15, 2017; and be it further

 

RESOLVED, that Ms. Bambrick will remain on administrative leave, with pay, until and including, and ending on, December 14, 2017, which shall be her last day of employment for the Town, and she shall be removed from the Town’s payroll effective December 15, 2017; and be it further

 

RESOLVED, that upon her retirement from the Town’s employ effective December 15, 2017, Ms. Bambrick will receive payment for her accumulated paid leave time, consisting of exactly 346.391 hours of accrued vacation leave, 130.71 hours of accrued sick leave, 1.34 hours of accrued compensatory time, to be paid at Ms. Bambrick’s regular base hourly rate of pay in effect on December 14, 2017, in the total amount of $20,824.86, less any applicable withholdings and deductions.

 

 

 

ü Vote Record - Resolution RES-2017-1245

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

þ

¨

¨

¨

Peter Van Scoyoc

Seconder

þ

¨

¨

¨

Sylvia Overby

Voter

¨

¨

¨

þ

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Mover

þ

¨

¨

¨

 

 

 

C.              ADDITIONAL RESOLUTIONS

1.              Resolution 2017-1246

Category:              Agreements, Contracts

Sponsors:              Supervisor Larry Cantwell

Department:              Town Attorney

Authorize Supervisor to Sign PILOT Agreement for AMG 531 with East Hampton Housing Authority

WHEREAS, by Resolution dated November 5th, 2015 the TOWN authorized TOWN GUARANTEE of Bond Anticipation Notes to be issued by the AUTHORITY for the purposes of acquiring property located at 531 Montauk Hwy in Amagansett NY (herein after the PROPERTY), and

 

WHEREAS, by Resolution dated November 19th, 2015, the full Board of Commissioners of the AUTHORITY unanimously authorized the issuance of Bond Anticipation Notes for the purposes of acquiring the PROPERTY, and by separate Resolution dated November 19th, 2015 the AUTHORITY approved Contracts with the Seller, Putnam Bridge, to purchase the PROPERTY, and

 

WHEREAS, by Resolution dated January 28th, 2016 the AUTHORITY authorized issuance of $4,000,000 Housing Revenue Bonds 2016 (Amagansett Project) with TOWN GUARANTEES, and

 

WHEREAS, on March 1st, 2016 the AUTHORITY did purchase the PROPERTY for the purposes of the new construction of multifamily, affordable residential rentals and limited business use offices to benefit low and moderate income households and community service facilities in the TOWN, and

 

WHEREAS, pursuant to Public Housing Law §52 the AUTHORITY is exempt from the payment of LOCAL AND MUNICIPAL TAXES, HOWEVER THE AUTHOIRTY SHALL REMAIN LIABLE TO PAY SPECIAL ASSESSMENTS, SPECIAL ADVALOREM LEVIES AND SERVICE CHARGES LEVIED AGAINST THE FACILITY FOR SPECIAL IMPROVEMENTS OR SPECIAL DISTRICT IMPROVEMENTS for the subject PROPERTY, which has been confirmed by the Board of Assessors of the TOWN, and

 

WHEREAS, the subject PROPERTY lies within the Amagansett Union Free School District which will be responsible for the free, public education of school aged children residing at 531 Montauk Hwy in Amagansett, and

 

WHEREAS, the AUTHORITY has offered to make voluntary, annual Payments in Lieu of Taxes in the initial amount in the first year of $25,000 dollars, and increased by 2% in each and every subsequent year for the term of the agreement to be paid bi-annually in equal portions according to the TOWN Tax Collector’s schedule of payments in December and May of each year from Project Rent Revenue to commence upon substantial lease-up of 75% of the residential and community service facilities on the PROPERTY to off-set the additional costs to the school district, now therefore be it

 

RESOLVED, that the Supervisor is hereby authorized and directed to execute a PILOT Agreement and all necessary documents, in a form to be approved by the Office of the Town Attorney, with the East Hampton Housing Authority.

 

 

 

ü Vote Record - Resolution RES-2017-1246

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Seconder

þ

¨

¨

¨

Peter Van Scoyoc

Voter

þ

¨

¨

¨

Sylvia Overby

Voter

¨

¨

¨

þ

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Mover

þ

¨

¨

¨

 

 

 

2.              Resolution 2017-1247

Category:              Approvals

Sponsors:              Councilman Peter Van Scoyoc

Department:              Town Board

Emergency Road Repairs - Crandall Street and Deer Path

              WHEREAS, the Town has been informed that emergency road repairs are needed on Crandall Street and Deer Path in order to assure continued safety and accessibility by emergency vehicles; now therefore, be it

 

              RESOLVED, that Highway Superintendent Stephen Lynch is requested to make the necessary emergency repairs; and, be it further

 

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

 

 

 

ü Vote Record - Resolution RES-2017-1247

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Seconder

þ

¨

¨

¨

Peter Van Scoyoc

Mover

þ

¨

¨

¨

Sylvia Overby

Voter

¨

¨

¨

þ

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

3.              Resolution 2017-1248

Category:              Budget

Sponsors:              Supervisor Larry Cantwell

Department:              Bookkeeping

Amend Resolutions 2017- 1167 and 1226, Increase Funding for Southern Pine Beetle Infestation

Whereas, Resolution 2017-1167 and Resolution 2017-1226   provided funding for cutting infested trees on private property from the Genreal Fund in the amount of $160,000  and an  addtional $160,000 in funds are now needed, bnow therefore be it

 

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

 

INCREASE:

 

Budget Line:  A 41775 Approp. Surplus   in the amount of  $ 160,000.00

 

 

INCREASE:

 

Budget Line:  A8800 54500  Subcontractors        in the amount of  $ 160,000.00

 

 

 

ü Vote Record - Resolution RES-2017-1248

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Seconder

þ

¨

¨

¨

Peter Van Scoyoc

Voter

¨

¨

¨

¨

Sylvia Overby

Voter

¨

¨

¨

þ

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Mover

þ

¨

¨

¨

 

 

 

VI.              Executive Session: Personnel, Lease, CPF

A motion was made at 12:51 PM by Councilman Van Scoyoc, seconded by Councilwoman Burke-Gonzalez to go into executive session.