East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

Town Board Meeting of September 18, 2014
East Hampton, New York

 

 

I.              Call to Order

6:30 PM Meeting called to order on September 18, 2014 at Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY.

 

Attendee Name

Present

Absent

Late

Arrived

Councilwoman Kathee Burke-Gonzalez

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¨

¨

 

Councilman Peter Van Scoyoc

¨

¨

¨

 

Councilwoman Sylvia Overby

¨

¨

¨

 

Councilman Fred Overton

¨

¨

¨

 

Supervisor Larry Cantwell

¨

¨

¨

 

II.              Public Hearings

1.              Accabonac Tennis Sewage Credits

2.              NOPH Assembly Permits

3.              Keller/King Grant of Scenic and Conservation Easement
Schedule Public Hearing and Notice of Public Hearing

4.              Grant of Scenic and Conservation Easement
North Harbor Realty Corp.
Schedule Public Hearing and Notice of Public Hearing

III.              Public Portion

IV.              Resolutions

A.              COUNCILMAN VAN SCOYOC

 

RESOLUTION:              2014-1129

CATEGORY:                            Warrant Approval

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Clerk

9B Warrant- Approval of Claims $1,440,674.27 Utility Warrant No. 9B/2014 $162,477.16

 

RESOLVED, that Claims on Warrant No. 9B/2014, in the amount of  $1,440,674.27  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. 9B/2014, in the amount of  $162,477.16  Were audited by the Town Board and the Supervisor is hereby directed to pay same.

 

RESOLUTION:              2014-1130

CATEGORY:                            Bond

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Clerk

BOND - $750,000 Amending - Improvements Various Bldg. Storm Damage

 

RESOLUTION OF THE TOWN OF EAST HAMPTON, NEW YORK, ADOPTED SEPTEMBER 18, 2014, AMENDING THE BOND RESOLUTION ADOPTED NOVEMBER 15, 2012, RELATING TO THE CONSTRUCTION OF IMPROVEMENTS TO VARIOUS TOWN FACILITIES AND BUILDINGS DAMAGED AS A RESULT OF HURRICANE SANDY

 

Recitals

 

WHEREAS, the Town Board of the Town of East Hampton, in the County of Suffolk, New York (the "Town"), has heretofore duly authorized the construction of improvements to various Town facilities and buildings damaged as a result of Hurricane Sandy, at the estimated maximum cost of $750,000, which amount was appropriated for such purpose pursuant to the bond resolution duly adopted on November 15, 2012;

 

WHEREAS, said bond resolution limited the maximum maturity of the bonds to five (5) years;

 

WHEREAS, the Town Board of the Town has now determined that it is in the best interests of the Town to amend said bond resolution to provide for a maximum maturity of the bonds equal to the period of probable usefulness authorized pursuant to Section 11.00 a. 12 (a) (2) of the Local Finance Law; and

 

WHEREAS, the period of probable usefulness authorized for the project pursuant to Section 11.00 a. 12 (a) (2) of the Local Finance Law is fifteen (15) years;

 

Now, therefore, be it

 

RESOLVED BY THE TOWN BOARD OF THE TOWN OF EAST HAMPTON, IN THE COUNTY OF SUFFOLK, NEW YORK (by favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS:

 

Section (A) The Bond Resolution of said Town adopted by the Town Board on November 15, 2012, entitled:

 

"Bond Resolution of the Town of East Hampton, Suffolk County, New York, adopted November 15, 2012, authorizing the construction of improvements to various Town facilities and buildings damaged as a result of Hurricane Sandy, stating the estimated maximum cost thereof is $750,000, appropriating said amount for such purpose, authorizing the issuance of $750,000 bonds to finance said appropriation and further authorizing any grant funds or other amounts received from the United States of America, New York State or any other sources in connection with the project to be expended towards the cost of said project or redemption of the Town's bonds or notes issued therefor, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes,"

is hereby amended to read as follows:

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, NEW YORK, ADOPTED NOVEMBER 15, 2012 AND AMENDED SEPTEMBER 18, 2014; AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO VARIOUS TOWN FACILITIES AND BUILDINGS DAMAGED AS A RESULT OF HURRICANE SANDY, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $750,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AUTHORIZING THE ISSUANCE OF $750,000 BONDS TO FINANCE SAID APPROPRIATION AND FURTHER AUTHORIZING ANY GRANT FUNDS OR OTHER AMOUNTS RECEIVED FROM THE UNITED STATES OF AMERICA, NEW YORK STATE OR ANY OTHER SOURCES IN CONNECTION WITH THE PROJECT TO BE EXPENDED TOWARDS THE COST OF SAID PROJECT OR REDEMPTION OF THE TOWN'S BONDS OR NOTES ISSUED THEREFOR, OR TO BE BUDGETED AS AN OFFSET TO THE TAXES TO BE COLLECTED FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS OR NOTES

THE TOWN BOARD OF THE TOWN OF EAST HAMPTON, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS:

 

Section 1.  The Town of East Hampton, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct improvements to various Town facilities and buildings damaged as a result of Hurricane Sandy (the ?Project?).  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $750,000 and said amount is hereby appropriated for such purpose.  The plan of financing includes the issuance of $750,000 bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable.  Any grant funds or other amounts received from the United States of America, New York State or from any other source in connection with the Project are authorized to be applied towards the cost of said project or redemption of the Town's bonds or notes issued therefor, or to be budgeted as an offset to the amounts to be collected for the payment of the principal of and interest on said bonds or notes.  Debt service on the obligations herein authorized is expected to be paid from the Town's General Fund, as determined by the Town Board.

 

Section 2.  Serial bonds of the Town in the principal amount of $750,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation.

 

Section 3.  The following additional matters are hereby determined and declared:

(a)  The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Sections 11.00 a. 12 (a) (2) of the Law, is fifteen (15) years.

(b)  The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized.  The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.

(c)  The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.

 

Section 4.  Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town.  The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.

 

Section 5.  Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.

 

Section 6.  The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if:

(a)              such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or

(b)              the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

(c)              such obligations are authorized in violation of the provisions of the constitution.

Section 7.  This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The East Hampton Star," a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form:


TOWN OF EAST HAMPTON, NEW YORK

PLEASE TAKE NOTICE that on September 18, 2014 the Town Board of the Town of East Hampton, in the County of Suffolk, New York, adopted a resolution amending the bond resolution adopted by said Town Board on November 15, 2012, which bond resolution, as amended, is entitled:

 

"Bond Resolution of the Town of East Hampton, Suffolk County, New York, adopted November 15, 2012 and amended September 19, 2014, authorizing the construction of improvements to various Town facilities and buildings damaged as a result of Hurricane Sandy, stating the estimated maximum cost thereof is $750,000, appropriating said amount for such purpose, authorizing the issuance of $750,000 bonds to finance said appropriation and further authorizing any grant funds or other amounts received from the United States of America, New York State or any other sources in connection with the project to be expended towards the cost of said project or redemption of the Town's bonds or notes issued therefor, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows:

 

FIRST:  AUTHORIZING said Town to construct improvements to various Town facilities and buildings damaged as a result of Hurricane Sandy; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $750,000; APPROPRIATING said amount for such purpose; STATING the plan of financing includes the issuance of $750,000  serial bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; STATING that any grant funds or other amounts received from the United States of America, New York State or from any other source in connection with the Project are authorized to be applied towards the cost of said project or redemption of the Town's bonds or notes issued therefor, or to be budgeted as an offset to the amounts to be collected for the payment of the principal of and interest on said bonds or notes.; STATING that debt service on the obligations herein authorized is expected to be paid from the Town's General Fund, as determined by the Town Board

 

SECOND:  AUTHORIZING the issuance of $750,000  serial bonds of the Town pursuant to the Local Finance Law of the State of New York to finance said appropriation;

 

THIRD:  DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said serial bonds are authorized to be issued is fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said $750,000 serial bonds will exceed five (5) years;

 

FOURTH:  DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town;

 

FIFTH:  DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and

 

SIXTH:  DETERMINING that the bond resolution is subject to a permissive referendum.

 

DATED: September 18, 2014

Carole A. Brennan, Town Clerk


Section 8.  After said bond resolution, as herein amended, shall take effect, the Town Clerk is hereby directed to cause said bond resolution as herein amended, to be published, in summary, in the newspaper hereinabove referred to in Section 7 thereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as prescribed by Section 81.00 of the Local Finance Law of the State of New York.

*               *               *

Section (B) The amendment of the bond resolution set forth in Section (A) of this resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said bond resolution as originally adopted, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as so amended.

 

Section (C) Said bond resolution, as herein amended, is subject to a permissive referendum as therein provided.  In the event that a valid petition protesting against said bond resolution, as amended, and requesting that it be submitted to the electors of said Town for their approval or disapproval, is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution adopted November 15, 2012, shall not be in any way affected and shall remain in full force and effect.

 

RESOLUTION:              2014-1131

CATEGORY:                            Bond

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Clerk

BOND Amending $1,500,000 Various Roads Storm Damage

 

RESOLUTION OF THE TOWN OF EAST HAMPTON, NEW YORK, ADOPTED SEPTEMBER 18, 2014, AMENDING THE BOND RESOLUTION ADOPTED NOVEMBER 15, 2012, RELATING TO THE REPAVING AND RECONSTRUCTION TO VARIOUS ROADS IN THE TOWN DAMAGED AS A RESULT OF HURRICANE SANDY

 

Recitals

 

WHEREAS, the Town Board of the Town of East Hampton, in the County of Suffolk, New York (the "Town"), has heretofore duly authorized the repaving and reconstruction to various roads in the Town damaged as a result of Hurricane Sandy, at the estimated maximum cost of $1,500,000, which amount was appropriated for such purpose pursuant to the bond resolution duly adopted on November 15, 2012;

 

WHEREAS, said bond resolution limited the maximum maturity of the bonds to five (5) years; and

 

WHEREAS, the Town Board of the Town has now determined that it is in the best interests of the Town to amend said bond resolution to provide for a maximum maturity of the bonds equal to the period of probable usefulness authorized pursuant to Section 11.00 a. 20 (c). of the Local Finance Law; and

 

WHEREAS, the period of probable usefulness authorized for the project pursuant to Section 11.00 a. 20 (c) of the Local Finance Law is fifteen (15) years;

Now, therefore, be it

 

RESOLVED BY THE TOWN BOARD OF THE TOWN OF EAST HAMPTON, IN THE COUNTY OF SUFFOLK, NEW YORK (by favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS:

 

Section (A) The Bond Resolution of said Town adopted by the Town Board on November 15, 2012, entitled:

 

"Bond Resolution of the Town of East Hampton, Suffolk County, New York, adopted November 15, 2012, authorizing the repaving and reconstruction of various roads in the Town damaged as a result of Hurricane Sandy, stating the estimated maximum cost thereof is $1,500,000, appropriating said amount for such purpose, authorizing the issuance of $1,500,000 bonds to finance said appropriation and further authorizing any grant funds or other amounts received from the United States of America, New York State or any other sources in connection with the project to be expended towards the cost of said project or redemption of the Town's bonds or notes issued therefor, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes," is hereby amended to read as follows:

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, NEW YORK, ADOPTED NOVEMBER 15, 2012 AND AMENDED SEPTEMBER 18, 2014; AUTHORIZING THE REPAVING AND RECONSTRUCTION OF VARIOUS ROADS IN THE TOWN DAMAGED AS A RESULT OF HURRICANE SANDY, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $1,500,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AUTHORIZING THE ISSUANCE OF $1,500,000 BONDS TO FINANCE SAID APPROPRIATION AND FURTHER AUTHORIZING ANY GRANT FUNDS OR OTHER AMOUNTS RECEIVED FROM THE UNITED STATES OF AMERICA, NEW YORK STATE OR ANY OTHER SOURCES IN CONNECTION WITH THE PROJECT TO BE EXPENDED TOWARDS THE COST OF SAID PROJECT OR REDEMPTION OF THE TOWN'S BONDS OR NOTES ISSUED THEREFOR, OR TO BE BUDGETED AS AN OFFSET TO THE TAXES TO BE COLLECTED FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS OR NOTES

 

THE TOWN BOARD OF THE TOWN OF EAST HAMPTON, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS:

 

Section 1.  The Town of East Hampton, in the County of Suffolk, New York (herein called the "Town"), to repave and reconstruct various roads in the Town damaged as a result of Hurricane Sandy (the "Project").  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $1,500,000 and said amount is hereby appropriated for such purpose.  The plan of financing includes the issuance of $1,500,000 bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable.  Any grant funds or other amounts received from the United States of America, New York State or from any other source in connection with the Project are authorized to be applied towards the cost of said project or redemption of the Town's bonds or notes issued therefor, or to be budgeted as an offset to the amounts to be collected for the payment of the principal of and interest on said bonds or notes.  Debt service on the obligations herein authorized is expected to be paid from the Town's Highway Fund, as determined by the Town Board.

 

Section 2.  Serial bonds of the Town in the principal amount of $1,500,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation.

 

Section 3.  The following additional matters are hereby determined and declared:

(a)  The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Sections 11.00 a. 20 (c) of the Law, is fifteen (15) years.

(b)  The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized.  The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.

(c)  The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.

 

Section 4.  Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town.  The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.

 

Section 5.  Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.

 

Section 6.  The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if:

(a)              such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or

(b)              the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

(c)              such obligations are authorized in violation of the provisions of the constitution.

 

Section 7.  This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The East Hampton Star," a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form:

 

TOWN OF EAST HAMPTON, NEW YORK

PLEASE TAKE NOTICE that on September 18, 2014 the Town Board of the Town of East Hampton, in the County of Suffolk, New York, adopted a resolution amending the bond resolution adopted by said Town Board on November 15, 2012, which bond resolution, as amended, is entitled:

 

"Bond Resolution of the Town of East Hampton, New York, adopted November 15, 2012 and amended September 18, 2014; authorizing the repaving and reconstruction of various roads in the Town damaged as a result of Hurricane Sandy, stating the estimated maximum cost thereof is $1,500,000, appropriating said amount for such purpose, authorizing the issuance of $1,500,000 bonds to finance said appropriation and further authorizing any grant funds or other amounts received from the United States of America, New York State or any other sources in connection with the project to be expended towards the cost of said project or redemption of the Town's bonds or notes issued therefor, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows:

 

FIRST:  AUTHORIZING said Town the repaving and reconstruction to various roads in the Town damaged as a result of Hurricane Sandy; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $1,500,000; APPROPRIATING said amount for such purpose; STATING the plan of financing includes the issuance of $1,500,000  serial bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; STATING that any grant funds or other amounts received from the United States of America, New York State or from any other source in connection with the Project are authorized to be applied towards the cost of said project or redemption of the Town's bonds or notes issued therefor, or to be budgeted as an offset to the amounts to be collected for the payment of the principal of and interest on said bonds or notes; STATING that debt service on the obligations herein authorized is expected to be paid from the Town's Highway Fund, as determined by the Town Board.

 

SECOND:  AUTHORIZING the issuance of $1,500,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York to finance said appropriation;

 

THIRD:  DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said serial bonds are authorized to be issued is fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said $1,500,000 serial bonds will exceed five (5) years;

 

FOURTH:  DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town;

 

FIFTH:  DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and

 

SIXTH:  DETERMINING that the bond resolution is subject to a permissive referendum.

 

DATED: September 18, 2014

Carole A. Brennan, Town Clerk

 

Section 8.  After said bond resolution, as herein amended, shall take effect, the Town Clerk is hereby directed to cause said bond resolution as herein amended, to be published, in summary, in the newspaper hereinabove referred to in Section 7 thereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as prescribed by Section 81.00 of the Local Finance Law of the State of New York.

*               *               *

Section (B) The amendment of the bond resolution set forth in Section (A) of this resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said bond resolution as originally adopted, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as so amended.

 

Section (C) Said bond resolution, as herein amended, is subject to a permissive referendum as therein provided.  In the event that a valid petition protesting against said bond resolution, as amended, and requesting that it be submitted to the electors of said Town for their approval or disapproval, is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution adopted November 15, 2012, shall not be in any way affected and shall remain in full force and effect.

 

RESOLUTION:              2014-1132

CATEGORY:                            Bond

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Clerk

BOND Amending $90,000 - Reconstruction of Taxiways

 

RESOLUTION OF THE TOWN OF EAST HAMPTON, NEW YORK, ADOPTED SEPTEMBER 18, 2014, AMENDING THE BOND RESOLUTION ADOPTED JULY 3, 2014 RELATING TO THE RECONSTRUCTION OF TAXIWAYS AT EAST HAMPTON AIRPORT

Recitals

 

WHEREAS, the Town Board of the Town of East Hampton, in the County of Suffolk, New York (the "Town"), has heretofore duly authorized the reconstruction of taxiways at East Hampton Airport, at the estimated maximum cost of $270,000, which amount was appropriated for such purpose pursuant to the bond adopted on July 3, 2014; and

 

WHEREAS, the estimated cost of said project has now been determined to be $360,000, and it is necessary and in the public interest to increase the appropriation for the project by $90,000 and to amend said bond resolution to authorize the issuance of $360,000 bonds to reflect such increase; and

 

Now, therefore, be it

 

RESOLVED BY THE TOWN BOARD OF THE TOWN OF EAST HAMPTON, IN THE COUNTY OF SUFFOLK, NEW YORK (by favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS:

 

Section (A) The Bond Resolution of said Town adopted by the Town Board on July 3, 2014, entitled:

 

"Bond Resolution of the Town of East Hampton, Suffolk County, New York, adopted July 3, 2014, authorizing the reconstruction of taxiways at East Hampton Airport, stating the estimated maximum cost thereof is $270,000, appropriating said amount for such purpose and authorizing the issuance of bonds in the principal amount of not to exceed $270,000 bonds to finance said appropriation," is hereby amended to read as follows:

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED JULY 3, 2014, AND AMENDED SEPTEMBER 18, 2014, AUTHORIZING THE RECONSTRUCTION OF TAXIWAYS AT EAST HAMPTON AIRPORT, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $360,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $360,000 TO FINANCE SAID APPROPRIATION

 

THE TOWN BOARD OF THE TOWN OF EAST HAMPTON, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS:

 

Section 1.  The Town of East Hampton, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to reconstruct taxiways at East Hampton Airport.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $360,000 and said amount is hereby appropriated for such purpose.  The plan of financing includes the issuance of bonds of the Town in the principal amount of not to exceed $360,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable.  Debt service on the obligations herein authorized is expected to be paid from the Town's Airport Fund, as determined by the Town Board.

 

Section 2.  Serial bonds of the Town in the principal amount of $360,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation.

 

Section 3.  The following additional matters are hereby determined and declared:

(a)  The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Sections 11.00 a. 14 of the Law, is ten (10) years.

(b)  The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized.  The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.

(c)  The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.

 

Section 4.  Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town.  The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.

 

Section 5.  Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.

 

Section 6.  The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if:

(a)              such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or

(b)              the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

(c)              such obligations are authorized in violation of the provisions of the constitution.

 

Section 7.  This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The East Hampton Star," a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form:

 

TOWN OF EAST HAMPTON, NEW YORK

 

PLEASE TAKE NOTICE that on September 18, 2014 the Town Board of the Town of East Hampton, in the County of Suffolk, New York, adopted a resolution amending the bond resolution adopted by said Town Board on July 3, 2014, which bond resolution, as amended, is entitled:

 

"Bond Resolution of the Town of East Hampton, Suffolk County, New York, adopted July 3, 2014 and amended September 18, 2014, authorizing the reconstruction of taxiways at East Hampton Airport, stating the estimated maximum cost thereof is $360,000, appropriating said amount for such purpose and authorizing the issuance of bonds in the principal amount of not to exceed $360,000 bonds to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows:

 

FIRST:  AUTHORIZING the reconstruction of taxiways at East Hampton Airport; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $360,000; APPROPRIATING said amount for such purpose; STATING the plan of financing includes the issuance of bonds of the Town in the principal amount of not to exceed $360,000 to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon;  and STATING that debt service on the obligations herein authorized is expected to be paid from the Town's Airport Fund, as determined by the Town Board;

 

SECOND:  AUTHORIZING the issuance of $360,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York to finance said appropriation;

 

THIRD:  DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said serial bonds are authorized to be issued is ten (10) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said $360,000 serial bonds will exceed five (5) years;

 

FOURTH:  DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town;

 

FIFTH:  DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and

 

SIXTH:  DETERMINING that the bond resolution is subject to a permissive referendum.

 

DATED: September 18, 2014

Carole A. Brennan, Town Clerk

 

Section 8.  After said bond resolution, as herein amended, shall take effect, the Town Clerk is hereby directed to cause said bond resolution as herein amended, to be published, in summary, in the newspaper hereinabove referred to in Section 7 thereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as prescribed by Section 81.00 of the Local Finance Law of the State of New York.

*               *               *

Section (B) The amendment of the bond resolution set forth in Section (A) of this resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said bond resolution as originally adopted, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as so amended.

 

Section (C) Said bond resolution, as herein amended, is subject to a permissive referendum as therein provided.  In the event that a valid petition protesting against said bond resolution, as amended, and requesting that it be submitted to the electors of said Town for their approval or disapproval, is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution adopted July 3, 2014, shall not be in any way affected and shall remain in full force and effect.

 

RESOLUTION:              2014-1133

CATEGORY:                            Committees

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Board

Appoint Edwin Geus to Architectural Review Board

 

              BE IT RESOLVED, that Edwin Geus is hereby appointed as a member of the East Hampton Town Architectural Review Board ("ARB") through December 31, 2018, to fill the term vacated by Randall Rosenthal who resigned his position; and, be it further

 

              RESOLVED, the Town Clerk is hereby requested to forward a copy of this resolution to   ARB Chairman Robert Schwagerl.

 

RESOLUTION:              2014-1134

CATEGORY:                            Committees

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Board

Create Property Management Committee & Appoint Members

 

              WHEREAS, the Town of East Hampton owns various properties within the Town which do not have designated uses; and

 

              WHEREAS, the Town of East Hampton wishes to determine the best public uses for such properties, create management plans, and develop guidelines and procedures for the uses and maintenance of these properties; now, therefore be it

 

              RESOLVED, the Town Board hereby creates the Property Management Committee and appoints the following persons as members through December, 2015:

 

              Dick White

              Loring Bolger

              Bill Akin

              Jess Frost

              Vicky Bustamante

              Pamela Bickett

              Andy Harris

 

Ex-officio:                Scott Wilson

                            Tony Littman

                            John Rooney

 

Liaison:              Peter VanScoyoc

 

RESOLUTION:              2014-1135

CATEGORY:                            Budget

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Budget Modification - Beaches

 

Resolved, to pay for the SPEDES permit for Beaches the department head has asked for the following modification to the 2014 budget:

 

From A7180-54600 (Uniforms - Beaches) $900 to A7180-54500 (Subcontractors - Beaches)

 

RESOLUTION:              2014-1136

CATEGORY:                            Budget

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Budget Modification - Buildings and Grounds

 

Resolved, at the request of the Department Head the following budget modification be made for 2014 to properly fund the water line in the Parks Department and Buildings and Grounds:

 

From A 7110-54550 $200 to A7110-54320 (Water-Parks)

From A1620-54420 $900 to A1620-54320(Water-Buildings and Grounds)

 

RESOLUTION:              2014-1137

CATEGORY:                            Budget

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Budget Modification - Buildings and Grounds

 

Whereas, there have been an unexpected high number of repairs needed to HVAC systems at locations such as the Police Department, Town Hall, the Justice Court Building and the Springs Library, and

 

Whereas, this has caused a need to transfer money between accounts as requested by the Department Head, now therefore be it

 

Resolved, that the Town Board instructs the Budget office to make the following modification to the 2014 operating budget:

 

From A1620-51100 (Salaries B and G) $20,000 to A1620-54550 (Repairs - B and G)

 

RESOLUTION:              2014-1138

CATEGORY:                            Budget

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Budget Modification - Buildings and Grounds

 

Whereas, the wood floor vent covers need to be replaced in the Town Hall meeting room and other places and they need to be custom made to meet the historic requirements of the building, now therefore be it

 

Resolved, at the request of the Department head the following budget modification be performed by the Budget Office:

 

From A1620-59060 (Health - B and G) $1,700 to A 1620-54550 (Repairs - B and G)

 

RESOLUTION:              2014-1139

CATEGORY:                            Issue Check

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Clerk

Issue Check - John and Teresa Fischetti- Re-Purchase of Fort Hill  Cemetery Plots

 

              WHEREAS, in 2005 John and Teresa Fischetti purchased plots #17 & 18, in Section F at the Montauk Fort Hill Cemetery for $750.00; and

 

              WHEREAS, John and Teresa Fischetti the owner of cemetery plots #17 & 18, in Section F of the Montauk Fort Hill Cemetery has requested to sell back these plots due to relocation; and

 

              WHEREAS, these plots are being offered to the Town for re-purchase, in the amount of $750.00; now, therefore be it

 

              RESOLVED, the request of the Fischetti's for the sale of plots #17 & 18 in Section F of the Montauk Fort Hill Cemetery is hereby accepted; and, be it further

 

              RESOLVED, the Town Supervisor is authorized to re-purchase the lots for the sum of $750.00, to be paid to the Seller upon submission of appropriate papers to transfer title to the Town, as is required by the Town Attorney; and, be it further

 

              RESOLVED, that payment shall be made out of Budget Line A8850.54573.

Financial Impact:

$750.00

 

RESOLUTION:              2014-1140

CATEGORY:                            Bids to Notice

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Purchasing

Notice to Bidders - EH14-038 - Supply & Delivery Of Storage Sheds for Lifeguards Bid Available 9/25/14 - Bid Due 10/16/14

 

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

 

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

 

RESOLVED, as per the request of the Parks 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 October 16, 2014, at 3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

                                                 Supply & Delivery of Storage Sheds for Lifeguards

 

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 September 25, 2014 .  These specifications have met with the approval of the Purchasing Department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Supply & Delivery of Storage Sheds for Lifeguards"

 

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                           

EH14-038              Supply & Delivery of Storage

                            Sheds for Lifeguards                                                      October 16, 2014             

 

and, be it further

 

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

Financial Impact:

HA7180 52001 14047 - Capital

B.              COUNCILWOMAN OVERBY

 

RESOLUTION:              2014-1141

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Jones SPH NPH CPF Acquisition and Amend 2014 M&S Plan

 

SCHEDULE PUBLIC HEARING - REAL PROPERTY ACQUISITION & AMEND 2014 M&S PLAN

 

Purported Owner:              Reginald & Gavin Jones

Location:                            67 S Forrest St., Montauk

SCTM #:                            300-28-9-31

 

              WHEREAS, the Town of East Hampton is considering the purchase of approximately 1.03 Acres of land located on 67 S Forrest St., Montauk which lands are identified on the Suffolk County Tax Map as SCTM #300-28-9-31; and

 

              WHEREAS, the proposed purchase price is $350,000.00, 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

 

              WHEREAS, on February 6, 2014 the Town Board adopted the 2014 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 2014 with updates permitted from time to time at the discretion of the Town Board after a public hearing; and

 

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

 

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

 

              A) The acquisition of the above-described property, reputedly owned by Reginald &               Gavin Jones, at a cost to the Town of East Hampton not to exceed $350,000.00               plus reasonable survey, title, prorated tax, and recording charges

 

              B) An amendment to the 2014 M&S Plan to include said property

 

Said public hearing to be held in the Town Board Meeting Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, on October 2, 2014 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 September 25, 2014 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 October 2, 2014 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 67 S Forrest St., Montauk reputedly owned by               Reginald & Gavin Jones, and consisting of approximately 1.03 acres of land, at a               cost to the Town of East Hampton not to exceed $350,000.00 plus reasonable               survey, title,               prorated tax, and recording charges, said property being               described on               the Suffolk County Tax Map as SCTM #300-28-9-31

 

              B) An amendment to the 2014 CPF Management & Stewardship Plan to include said               property

 

 

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

 

Dated:              September 16, 2014                                         

Financial Impact:

No impact for SPH NPH

 

RESOLUTION:              2014-1142

CATEGORY:                            Committees

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Board

Create Agricultural Advisory Committee and Appoint Members

 

              WHEREAS, East Hampton Town has a history of a well established Agrarian society and the Town values it Agricultural Overly Districts; and

 

              WHEREAS, approximately 1,440 acres of prime farmland are located throughout the Town, all of which is part of Suffolk County's Agricultural economy, ranked first in New York State and among the top ten in the nation; and

 

              WHEREAS, the Town Board is desirous of creating an Agricultural Advisory Committee to advise them on all agricultural related issues and make recommendations relative to the Town's Comprehensive Plan to protect our farmland and sustain a healthy industry; now, therefore be it

 

              RESOLVED, the Town Board hereby creates the Agricultural Advisory Committee and appoints the following members through December 31, 2015:

 

                            Alex Balsam

                            Billy Babinski

                            Brian Bistrian

                            Scott Chaskey

                            Peter Dankowski

                            Dean Foster

                            Peter Garnham

                            Elaine Jones

                            Amanda Merrow

                            Tom Miller

                            Randy Parsons

                            Kim Quarty

                            Janet Van Sickle

  Ex Officio:              Scott Wilson

                            Marguerite Wolffsohn

                            Ian Calder-Piedmonte

  Liaison:              Sylvia Overby

 

RESOLUTION:              2014-1143

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Human Resources

Approve Volunteer Joshua Rosario Planning Department

 

RESOLVED that Joshua Rosario is hereby approved as volunteer for the Planning Department with the Town Engineer Thomas Talmage, effective September 19, 2014, and be it further

 

RESOLVED that a copy of this resolution be forwarded by the Town Clerk to the appropriate persons.

 

RESOLUTION:              2014-1144

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Bookkeeping

Accept Donation - Modify Budget

 

Whereas, the Town has received a donation of $500 for it's Aquaculture Program from Stephen Kelly who in doing so complimented the efforts of Department Director John "Barley" Dunn, and

 

Whereas, Mr. Kelly specifically requested the donation to be used for the Shellfish Hatchery Program, now therefore be it

 

Resolved, that the Town acknowledges the generous donation from Mr. Kelly and that the Budget Office is directed to process the donation in the following manner:

 

Add $500 to revenue line A042707 (Gifts and Donations) and add $500 to expenditure line A8740-52600 (Other Equipment - Aquaculture)

 

RESOLUTION:              2014-1145

CATEGORY:                            Local Law

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Adopt Local Law- Formula Business

 

              WHEREAS, the Town Board held public hearing on April 17, 2014 and July 17, 2014, to consider an amendment to Chapter 255 (Zoning ) in order to restrict formula businesses in the Town of East Hampton; and

 

              WHEREAS, after considering the comments of those speaking at the hearing and further considering the proposed local law, the Town Board has determined that the adoption of such regulations as hereafter set forth is in the best interest of the Town; and

 

              WHEREAS, this local law is being enacted pursuant to the Municipal Home Rule Law and the Statute of Local Governments; 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

 

RESOLVED, that said local law is hereby adopted to read as follows:

 

LOCAL LAW NO.      OF 2014

                                                        INTRODUCTORY NO.   24    OF 2014

 

              A Local Law providing for the amendment of Chapter 255 ("ZONING") 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 I. - FINDINGS AND OBJECTIVES:

 

Established in the 1600s, the Town of East Hampton has a rich history providing a vast array of natural and cultural resources that make the Town’s character unique; thereby creating a highly desirable place to live, work and visit. Large tracts of open space between small hamlet centers provide expansive vistas while maintaining the Town’s historic character. Moreover, established historic districts within the Town provide guidelines and restrictions to maintain the essential character of each district and to maintain the connection with the Town’s rural past.

The Town Board is granted the authority by the State of New York to adopt regulations pursuant to a duly adopted comprehensive plan. These regulations are enacted to promote valid public purposes such as the protection of historic character, community aesthetics, distinctive community character and the maintenance of diverse and vibrant commercial areas. The Town Board established the desire and the importance of maintaining these purposes in its 2005 Comprehensive Plan (the “Plan”).  According to the Plan, adopted on May 6, 2005, the Board established a series of specific goals to preserve and protect the Town’s unique character. Those relevant goals are as follows:

1)              Maintain, and restore where necessary, East Hampton’s rural, semi-rural character and the unique qualities of each of East Hampton’s historic communities;

2)              Take forceful measure to protect and restore the environment, particularly groundwater. Reduce impacts of human habitation on ground water, surface water, wetlands dunes, biodiversity, ecosystems, scenic resources, air quality, the night sky, noise, and energy consumption;

3)              Reduce the total build-out of the Town to protect the natural and cultural features identified in goals one and two; and

4)              Encourage local businesses to serve the needs of the year-round population and reduce the environmental impact of commercial and industrial uses.

5)              Protect historic buildings, hamlets, neighborhoods, landscapes and scenic vistas from incompatible development. Prevent further loss of the Town’s cultural and archaeological resources.

The Town Board finds that proliferation of formula businesses within the Town of East Hampton threaten these valid public purposes listed above and are in contradiction of the goals of the 2005 Comprehensive Plan and the Preservation Goals established in the Town’s historic district guidelines. Specifically, these businesses would erode the Town’s unique historic character by creating a sameness that would dilute our community’s identity. The Town Board finds that promoting unique businesses preserves the Town’s character and benefits the community as a whole.

SECTION II. - TOWN CODE AMENDED: The Town Code is hereby amended by adding the following language.

§ 255-1-20- DEFINITIONS:

FORMULA BUSINESS:

A type of retail  store, restaurant, tavern, bar, or fast food or drive-in restaurant which is under common ownership or control or is a franchise, and is one of 15 or more other businesses or establishments within the United States maintaining two or more of the following features:

(1) Standardized menu or standardized array of merchandise with 50% or more of in-stock merchandise from a single distributor bearing uniform markings.

(2) Trademark or service mark, defined as a word, phrase, symbol or design, or a combination or words, phrases, symbols or designs, that identifies and distinguishes the source of the goods from one party from those of others, on products or as part of store design, such as cups, napkins, bags, boxes, wrappers, straws, store signs or advertising devices.

(3)  Standardized color scheme used throughout the interior or exterior of the establishment, including, but not limited to, graphics, awnings, signage, and the like visible from the exterior of the structure.

(4)  Standardized interior decor, including, but not limited to, style of furniture, wall coverings, permanent fixtures, displays, window treatments.

(5)  Standardized uniform, including but not limited to aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags).

§255-5-50. Specific standards and safeguards.

FORMULA BUSINESS:

(1)              The formula business is compatible with existing surrounding uses, and has been designed in a non-obtrusive manner to preserve the community’s unique rural and historic character.

(2)              The approval of the formula business shall be consistent with the policies, goals and standards of the comprehensive plan, including, but not limited to consideration of the following goals:

 

a.              Maintain and restore where necessary, East Hampton’s rural, semi-rural character and the unique qualities of each of East Hampton’s historic communities;

b.              Protect the natural and cultural features identified in the comprehensive plan;

c.              Protect historic buildings, hamlets, neighborhoods, landscapes and scenic vistas from incompatible development. Prevent further loss of the Town’s cultural and archeological resources.

(3)              For a formula business within a designated historic district, the Planning Board shall find that said business shall comply with the preservation goals set forth in the Town Code for that specific historic district.

(4)              The formula business shall not contain the features or attributes of the formula business except for the service or product;

(5)              The formula business shall utilize a unique visual appearance that is consistent with the character of Town and not project a visual appearance that is homogenous with its element in other communities.

(6)              Only one formula business shall be permitted per building or lot, except for a lot containing a legal multiple business complex. A multiple business complex may have 50% of the permitted or special permitted businesses be formula businesses.

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

Use               Residential Districts              LBO              Commercial Districts CS              Special District

                                          A10 A5 A3 A2 A B MF AHO              LBO  RS NB CB WF CI CS PC

16(a) Formula Store               X     X   X X  X X X   X                          X    X   SP   SP  SP   X   X   X

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

FORMULA BUSINESS:

(1)              Special Permit Required. No person shall construct, commence to use or expand a formula business without first having obtained a special permit after a public hearing pursuant to Article V hereof which specifically authorizes the proposed use.

(2)              In addition the findings in §255-5-40G, an applicant seeking a special permit shall submit a traffic study with specific information requested by the Planning Board. The Planning Board shall have the authority to waive this requirement.

 

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.

Dated: August 21, 2014

 

                                                                                                                BY ORDER OF THE TOWN BOARD

                                                                                                                TOWN OF EAST HAMPTON

 

                                                                                                                CAROLE BRENNAN

                                                                                                                TOWN CLERK

 

RESOLUTION:              2014-1146

CATEGORY:                            Amendment

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Amend Resolution 2014-484

 

WHEREAS, the Town Board adopted Resolution 2014-484 that authorized DY Associates to proceed with the design work, development of bid specifications and construction management for the repairs to a taxiway at the East Hampton Airport at a cost not to exceed $30,003.34; and

 

WHEREAS, the funding line specified in the Resolution must be amended; now, therefore, be it

 

RESOLVED, that Resolution 2014-484 is hereby amended to authorize the expenditure of up to $30,003.34 for the work specified therein from Budget Account #HA5610 52104 14052;

 

RESOLVED, that Resolution 2014-484 is affirmed in all other respects.

 

RESOLUTION:              2014-1147

CATEGORY:                            Amendment

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Amend Resolution #2014-485

 

WHEREAS, the Town Board adopted Resolution 2014-485 that authorized DY Associates to proceed with the development of bid specifications and construction management for taxiway lighting at the East Hampton Airport; and

 

WHEREAS, the funding line specified in the Resolution must be amended; now, therefore, be it

 

RESOLVED, that Resolution 2014-485 is hereby amended to authorize the expenditure of up to $38,563.27 for the work specified therein from Budget Account #HA5610 52104 14051; and be it further

 

RESOLVED, that Resolution 2014-485 is affirmed in all other respects.

 

RESOLUTION:              2014-1148

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Request Bicycle Lanes on Long Lane

 

WHEREAS, the Town's 2005 Comprehensive Plan calls for the implementation of a system of bicycle lanes, paths, and routes to promote safe bicycle travel within the Town; and

 

WHEREAS, in 2011 the Town established a Complete Streets Program whereby all street projects, including design, planning, reconstruction, rehabilitation, maintenance, or operations, by the Town of East Hampton shall be designed and executed in a balanced, responsible, and equitable way to accommodate and encourage travel by cyclists, public transportation vehicles, and pedestrians; and

WHEREAS, Suffolk County joined in the Complete Streets Program by adopting a county-wide complete streets policy on Long Island requiring that all roads provide safe accommodation for bicyclists, pedestrians and transit users; and 

WHEREAS, Suffolk County required the Suffolk County Department of Public Works to implement the program on all new roads and roads undergoing improvement; and

 

WHEREAS, in 2013, the Town Board adopted general principals supporting bike lanes within the Town and Village to increase safety for cyclists traveling within the Town to further the goals set forth in the Comprehensive Plan and the Complete Streets Program;   and

 

WHEREAS, Long Lane, a County Road located in the Town of East Hampton, is scheduled to be repaved by Suffolk County; and

 

WHEREAS, Long Lane, including its right of way, is an approximate sixty-six (66) foot wide two-lane, straight, road, with wide shoulders and has sufficient room for bike lanes on both sides of the road; and

 

WHEREAS, Long Lane enjoys the benefit of abutting farmland on both sides and as such constitutes a scenic road of local significance; and

 

WHEREAS, the residents of East Hampton regularly walk and bike along Long Lane due to its proximity to the Village of East Hampton and the East Hampton High School, which is located on Long Lane; and

 

WHEREAS, there are no obstacles that would prevent installing bike lanes on Long Lane and the addition of bike lanes would also improve safety for motorists; and

 

WHEREAS, the Town of East Hampton is committed to implementing bike lanes throughout the Town pursuant to the Comprehensive Plan and Complete Streets Program, and this installation of bike lanes, if approved by the County, shall only aid in furthering the Town’s goal; and now, therefore be it

 

RESOLVED, that the Town Board of the Town of East Hampton hereby respectfully requests that the Suffolk County Department of Public Works installs bike lanes on both sides of Long Lane in accordance with Suffolk County’s Complete Streets program policies and directs the Town Clerk to forward this resolution to Suffolk County Legislator, Jay Schneiderman, on its behalf.

 

RESOLUTION:              2014-1149

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Board

The Town of East Hampton and the Recycling & Litter Committee Announce October is Recycling Awareness Month

 

              WHEREAS, the mission statement of the Recycling and Litter Committee is to create, develop and implement informational and educational projects, activities, initiatives and campaigns (with the Town Board's approval) that are designed to reduce and prevent litter, increase recycling, raise public awareness and encourage active involvement of the community in these efforts; now, therefore be it

 

              RESOLVED, the Town Board of East Hampton, in conjunction with the Recycling and Litter Committee, announce that October is Recycling Awareness Month; and be it further

 

              RESOLVED, that activities for the month of October may include:

                            1) tours of the Recycling Center on Springs-Fireplace Road

                            2) a recycling "graveyard" could be installed at Town Hall

                            3) initiate a "Let's go Strawless" campaign

                            4) a recycling/reuse idea challenge, and

                            5) show the movie "Bag It", along with other activities that may be included;

 

and, be it further

 

              RESOLVED, the Town Clerk is hereby requested to forward a copy of this resolution to Deb Klughers, Chair. Of the Recycling and Litter Committee.

 

RESOLUTION:              2014-1150

CATEGORY:                            Bids to Notice

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Purchasing

Notice to Bidders - EH14-035 - Taxiway "A"  Edge Lighting - Bid Available 9/18/14 - Bid Due 10/10/14

 

WHEREAS, the Town of East Hampton wishes to perform public works in excess of $35,000.00; and

 

WHEREAS, pursuant to General Municipal Law section 103, all public works projects that will exceed $35,000.00 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, 159 Pantigo Road on October 10, 2014 at 11:00 a.m., prevailing time, when they will be publicly opened and read aloud for:

 

              Taxiway "A"  Edge Lighting

 

A Pre-Bid Meeting and Site Visit will be held at 11:30 a.m. on Wednesday October 1, 2014 at the East Hampton Airport, Daniels Hole Road, in Wainscott, NY.  Attendance is strongly suggested but not mandatory. 

                           

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 September 18, 2014.  These specifications have met with the approval of the Purchasing Department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Taxiway "A" Edge Lighting"

 

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 11:00 a.m. on the date noted above, at which time they will be opened and publicly read aloud. 

 

Bid #                            Name                                                                                            Opening Date                           

 

EH14-035              Taxiway "A" Edge Lighting                                          October 10, 2014

                                                       

; and, be it further

 

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

Financial Impact:

HA5610 52104 14052 - Capital

 

RESOLUTION:              2014-1151

CATEGORY:                            Bids to Notice

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Purchasing

Notice to Bidders - EH14-034 - Salt Barn Repair - Industrial Road Montauk Bid Available 9/11/14 - Bid Due 10/2/2014

 

WHEREAS, the Town of East Hampton wishes to perform public works in excess of $35,000.00; and

 

WHEREAS, pursuant to GML 103 all public works projects that will exceed $35,000.00 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, 159 Pantigo Road on October 2, 2014 at 3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

                            Salt Barn Repair - Industrial Road 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 September 11, 2014.  These specifications have met with the approval of the Purchasing Department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Salt Barn Repair - Industrial Road 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 above, at which time they will be opened and publicly read aloud. 

 

Bid #                            Name                                                                                            Opening Date                           

 

EH14-034              Salt Barn Repair - Industrial

                            Road Montauk                                                                      October 2, 2014

                                                                                   

 

                                                       

; and, be it further

 

RESOLUTION:              2014-1152

CATEGORY:                            Bids to Notice

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Purchasing

Notice to Bidders - EH14-037 - Crack Repair & Re-Color Tennis Courts Re-Bid -  Bid Available 9/18/14 - Bid Due 10/9/14

 

WHEREAS, the Town of East Hampton wishes to perform public works in excess of $35,000.00; and

 

WHEREAS, pursuant to GML 103 all public works projects that will exceed $35,000.00 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, 159 Pantigo Road on October 9, 2014 at 3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

                            Crack Repair & Re-Color Tennis Courts Re-Bid

 

 

A Pre-Bid Meeting and Site Visit will be held at 10:00 a.m. on Thursday October 2, 2014 at the site located on Ed Hults Lane, in Springs, NY.  Attendance is strongly suggested but not mandatory. 

 

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 September 18, 2014.  These specifications have met with the approval of the Purchasing Department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Crack Repair & Re-Color Tennis Courts Re-Bid"

 

 

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 above, at which time they will be opened and publicly read aloud. 

 

Bid #                            Name                                                                                            Opening Date                           

EH14-037      Crack Repair & Re-Color Tennis

                            Courts Re-Bid                                                                       October 9, 2014

                                                                                                 

                                                                                   

 

                                                       

; and, be it further

 

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

 

RESOLUTION:              2014-1153

CATEGORY:                            Issue Check

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Pay NYMIR Deductible Horace Nigro-Graham

 

WHEREAS, Horace Nigro-Graham has filed a claim regarding damage to his vehicle's windshield; and

 

WHEREAS, the Town's claims adjuster has investigated the matter, and the parties have discussed a settlement of the pending claim and have come to an agreement with regard to  same including a general release of the Town from claimant;

 

WHEREAS, the payment authorized herein represents reimbursement to NYMIR for their deductible in settlement of this matter; and

 

WHEREAS, payment has been made to claimant and NYMIR is due deductible; and

 

NOW, THEREFORE, BE IT RESOLVED, that the Town of East Hampton, hereby agrees to pay NYMIR in the amount of FIVE HUNDRED NINETY-SIX DOLLARS and 19/100 ($596.14); and be it further

 

RESOLVED, that the Town's payment shall be paid from budget account A1910.54150; and be it further

 

RESOLVED, that the Town Supervisor is hereby authorized to execute such documentation as may be required to facilitate the settlement.

 

RESOLUTION:              2014-1154

CATEGORY:                            Issue Check

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Pay NYMIR Deductible Kristen Tulp

 

WHEREAS, Kristen Tulp has filed a claim regarding damage to her vehicle; and

 

WHEREAS, the Town's claims adjuster has investigated the matter, and the parties have discussed a settlement of the pending claim and have come to an agreement with regard to  same including a general release of the Town from claimant; and

 

WHEREAS, the payment authorized herein represents reimbursement to NYMIR for their deductible in settlement of this matter; and

 

WHEREAS, payment has been made to the claimant and NYMIR is due the deductible amount; and

 

NOW, THEREFORE, BE IT RESOLVED, that the Town of East Hampton, hereby agrees to pay NYMIR in the amount of FIVE HUNDRED DOLLARS and 00/100 ($500.00); and be it further

 

RESOLVED, that the Town's payment shall be paid from budget account A1910.54150; and be it further

 

RESOLVED, that the Town Supervisor is hereby authorized to execute such documentation as may be required to facilitate the settlement.

 

RESOLUTION:              2014-1155

CATEGORY:                            Permissive Referendum

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Authorize Sale - Part of URP 224

 

WHEREAS, the Town of East Hampton is the owner of a parcel of property described as part of UR Parcel 224 in SP-4-1, Suffolk County Tax Map 0300-94-2-13.1, and consisting of approximately 0.04 acres at Lafayette Place extending to an unopened road to the east known as Norwood Street (the "subject premises"); and

 

WHEREAS, pursuant to the Urban Renewal Map, the owner of the remainder of Urban Renewal Parcel 224, described as SCTM #300-94-2-15, cannot obtain a building permit on their property until they acquire the portion of the UR Parcel owned by the Town of East Hampton, and the acquisition of the Town's portion of the UR Parcel does not create an opportunity to divide the parcel further; and

 

WHEREAS, a request has been made to the Town to sell the Town's portion of UR Parcel 224 (SCTM 0300-94-2-13.1) to Anthony M. Leo, as the Purchaser of the remainder of the UR Parcel 224 (SCTM 0300-94-2-15); and

 

WHEREAS, the Town's portion of UR Parcel 224 is surplus property not needed for any municipal purpose, and the Town has secured an independent appraisal of the value the Town's property; now, therefore, be it

 

RESOLVED, that subject to permissive referendum, the Town Supervisor is authorized to convey the subject premises, SCTM #0300-94-2-13.1, to Anthony M. Leo upon receipt of sufficient proof that such party has become the owner of the balance of URP 224 in SP-4-1 (SCTM #0300-94-2-15); and be it further

 

RESOLVED, that compensation to the Town for the subject premises shall be in the appraised value of $11,300.00 and such conveyance shall include any interest the Town may have in the unopened road adjoining the premises on its easterly side known as Norwood Street; and be it further

 

RESOLVED, that the Town Clerk shall publish the annexed Notice of Resolution initiating Permissive Referendum on the next available edition of the East Hampton Star.

 

NOTICE OF RESOLUTION INITIATING PERMISSIVE REFERENDUM

 

 

              NOTICE IS HEREBY GIVEN that the Town Board of the Town of East Hampton, County of Suffolk, State of New York, at a meeting held on  September 18, 2014 duly adopted a Resolution, an abstract of which follows:

 

              A Resolution, subject to permissive referendum, authorizing the Town Supervisor to execute a deed and related transfer documents to transfer surplus municipal property consisting of a portion of Urban Renewal Parcel 224 in SP-4-1, and also known as SCTM 0300-94-2-13.1,  to the Anthony M. Leo as the Purchaser of the balance of Urban Renewal Parcel 224, for the sum of $11,300.00.  The subject premises consists of approximately 0.04 acres or 1,752 sq. ft. and is described on the Suffolk County Tax Map as SCTM #0300-094-2-13.1.  The acquisition of the Town's interests in UR Parecl 224 is required in order to render the premises a complete and buildable Urban Renewal Parcel.

 

Dated: September 18, 2014                                           BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF EAST HAMPTON

 

                                                                                    BY: CAROLE BRENNAN,

                                                                                    TOWN CLERK

 

RESOLUTION:              2014-1156

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Housing

Authorize Subordination Camp Hero

 

WHEREAS, the Town of East Hampton included certain Covenants and Restrictions in the deeds of conveyance in the Camp Hero affordable housing subdivision that contain certain rights of recapture and repurchase; and

 

WHEREAS, LeeAnne DePasquale, a home owner in Camp Hero, seeks to refinance for the purpose of replacement of her existing home with one of a similar size and design; and

 

WHEREAS,  a condition of the Bethpage Federal Credit Union's, the Lender, financing requires that the Town subordinate its interests as set forth in the deed covenants to the mortgage lien; and now, therefore be it

 

RESOLVED, that, subject to permissive referendum, the Town Board hereby authorizes subordinating its interest to allow a refinance in an amount not to exceed $250,000.00, plus other reasonable costs to allow LeeAnne DePasquale to secure mortgage financing; now, therefore, be it

 

RESOLVED, that the Town Board hereby authorizes the Town Supervisor to execute any documents, subject to approval of the Town Attorney, necessary to effectuate this refinance.

C.              COUNCILMAN OVERTON

 

RESOLUTION:              2014-1157

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Human Resources

Approve Volunteers Keith Kevan and Maria Sanchez Human Services Department

 

RESOLVED that Kevin Kevan and Maria Sanchez are hereby approved as volunteers for the Human Service Department at the Senior Nutrition Center effective September 19, 2014, and be it further

 

RESOLVED that a copy of this resolution be forwarded by the Town Clerk to the appropriate persons.

 

RESOLUTION:              2014-1158

CATEGORY:                            Conference

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Clerk

Attend Conference Peter Boody

 

Whereas Exelis, Inc. provides aircraft tracking services to the East Hampton Airport in the absence of Radar in this area, and is likely to be the provider of that service at least through 2015, and

 

Whereas Exelis is offering a free workshop for users of their system in Washington, DC, the only charges being the cost of a hotel room and highway tolls, therefore be it

 

Resolved that the Town Board authorizes Peter Boody to attend the workshop from September 22 - 25, 2014, at a cost not to exceed $500.00.  The funding for this expense to be taken from the Airport budget line SX5610-54200, Travel, Conferences and Dues.

Financial Impact:

not to exceed $500.00

 

RESOLUTION:              2014-1159

CATEGORY:                            Budget

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Bookkeeping

Budget Modification - Nutrition Program

 

Resolved, to properly fund the Senior nutrition program for the remainder of 2014 the department head has requested the following budget modification to purchase food that the Budget Office should implement at the earliest possible date:

 

From A 1990.54980 (Contingency) $10,000 to A6772.54813 (Nutrition - Food)

 

RESOLUTION:              2014-1160

CATEGORY:                            Budget

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Bookkeeping

Budget Transfer - Purchasing

 

Whereas, the failure of a computer has created the need to immediately acquire a new machine for the Purchasing Department, and

 

Whereas, the acquisition was not expected in the current fiscal year, now therefore be it

 

Resolved, that the Budget Office is directed to transfer the following:

 

From A3147-59060 (Health JAB) $1,400 to A 1345-52450 (Computer Equipment - Purchasing Dept.)

 

RESOLUTION:              2014-1161

CATEGORY:                            Budget

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Bookkeeping

Budget Modification Purchasing

 

Whereas, a computer used for among other things generating and tracking purchase orders in the Purchasing Department (a critical financial activity) has crashed and needs to be replaced before the end of the fiscal year, and

 

Whereas, the Purchasing Department computer line was not funded in 2014 to cover the cost of this computer, now therefore be it

 

Resolved, that the Budget Office is directed to make the following modification to the 2014 operating budget:

 

From A1620-59060 (Health - B and G) $1,050 to A 1345-52450 (Computer Equipment - Purchasing)

 

RESOLUTION:              2014-1162

CATEGORY:                            Permits - Gatherings

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Clerk

Approval of Various Gathering Permits

 

RESOLVED, that the following gathering permits are hereby approved with the conditions agreed upon by the reviewing committee:

 

Hampton's Marathon 2014 - September 27, 2014

 

RESOLUTION:              2014-1163

CATEGORY:                            Bids to Notice

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Purchasing

Bid Notice EH14-036 - Printing of Miscellaneous Forms II 2014 Bid Available 9/18/14 - Bid Due 10/8/14

 

WHEREAS, the Town of East Hampton wishes to purchase equipment and/or supplies in excess of $20,000; 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 departments, 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, Purchasing Department Office on October 8, 2014 at 3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

                                          Printing of Miscellaneous Forms II 2014

 

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 September 18, 2014.  These specifications have met with the approval of the Purchasing Department. 

 

Each proposal must be submitted in a sealed envelope clearly marked "Printing of Miscellaneous Forms II 2014."

 

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 above, at which time they will be opened and publicly read aloud:

 

Bid #                            Name                                                                           Opening Date                           

 

EH14-036              Printing of                                                                    October 8, 2014             

                            Miscellaneous Forms II 2014                                                                                              

             

 

And, be it further

 

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

 

RESOLUTION:              2014-1164

CATEGORY:                            Bids to Notice

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Purchasing

Notice to Bidders - EH14-033 - Culloden Point Stairs Bid Available 9/11/14 - Bid Due 9/30/14

 

WHEREAS, the Town of East Hampton wishes to perform public works in excess of $35,000.00; and

 

WHEREAS, pursuant to GML 103 all public works projects that will exceed $35,000.00 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, 159 Pantigo Road on September 30, 2014 at 3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

                            Culloden Point Stairs

 

A Pre-Bid Meeting and Site Visit will be held at 10:00 a.m. on Monday September 22, 2014 at Culloden Point Parking Lot, in Montauk, NY.  Attendance is strongly suggested but not mandatory. 

 

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 September 11, 2014.  These specifications have met with the approval of the Purchasing Department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Culloden Point Stairs "

 

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 above, at which time they will be opened and publicly read aloud. 

 

Bid #                            Name                                                                                            Opening Date                           

 

EH14-033              Culloden Point Stairs                                                        September 30, 2014

                                                                                   

 

                                                       

; and, be it further

 

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

 

RESOLUTION:              2014-1165

CATEGORY:                            Bids Extended

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Purchasing

Extend Contract - EH13-027- Annual Contract for the  Printing of Forms for the Justice Department -  Ridgewood Press

 

WHEREAS, the Town solicited bids in 2013 for the Annual Contract for

the Printing of Forms for the Justice Department - Bid No. EH13-027; and

 

WHEREAS, the bid of Ridgewood Press was the lowest bid received meeting the bid specifications; and

 

WHEREAS, the Town Board accepted the bid of Ridgewood Press and entered into an agreement that is renewable, upon agreement of the parties, for two (2) additional one year terms;

 

WHEREAS, the user Department has recommended extension of the agreement with  Ridgewood Press, now therefore be it;

 

RESOLVED, that the Purchasing Agent is hereby authorized to issue purchase orders to Ridgewood Press 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 October 25, 2014 through October 24, 2015.

 

RESOLUTION:              2014-1166

CATEGORY:                            Bids Extended

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Purchasing

Extend Contract - EH13-018- Annual Contract for the Miscellaneous Forms 2013 -  Effects of Color Dba Minuteman Press and Ridgewood Press

 

WHEREAS, the Town solicited bids in 2013 for the Annual Contract for

the Miscellaneous Forms 2013 - Bid No. EH13-018; and

 

WHEREAS, the bids of Ridgewood Press and Minuteman Press/Effects of Color were the lowest bids received meeting the bid specifications; and

 

WHEREAS, the Town Board accepted the bids of Ridgewood Press and Minuteman Press/Effects of Color and entered into an agreement that is renewable, upon agreement of the parties, for two (2) additional one year terms;

 

WHEREAS, the user Department has recommended extension of the agreement with  Ridgewood Press and Minuteman Press/Effects of Color, now therefore be it

 

RESOLVED, that the Purchasing Agent is hereby authorized to issue purchase orders to Ridgewood Press and Minuteman Press/Effects of Color in accordance with the Town's bid specifications and the bid submissions of the Contractors for a period of one year retroactively to be effective from July 30, 2014 through July 29, 2015.

 

RESOLUTION:              2014-1167

CATEGORY:                            Agreements, Contracts, Leases

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Attorney

Extend Contract for Concession- Samuel Joyce(Peggys Corp.) - Westlake, Gosman's Parking Lot

 

WHEREAS, the Town of East Hampton accepted the bid submitted by Samuel Joyce (Peggys Corp.) for the food concession at Westlake, Gosman's Parking Lot for the summer season of 2014 by Resolution No. 2014-522 adopted on April 17, 2014; and

WHEREAS, the term of the contract proposed to end on September 30, 2014; and

WHEREAS, Samuel Joyce has expressed an interest in extending his term of concession until November 30, 2014; and

WHEREAS, the concessions granted in 2013 were extended until November 2013 as well; and now, therefore be it

RESOLVED, that the Town Board of the Town East Hampton hereby approves extending the contract until November 30, 2014, awarded to Samuel Joyce (Peggys Corp.) for the food concession at Westlake, Gosman's Parking Lot, subject to approval of the Town Attorney’s Office and the Supervisor is authorized to execute said agreement.

 

RESOLUTION:              2014-1168

CATEGORY:                            Agreements, Contracts, Leases

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Purchasing

Cooperative Bid - Boces - Nassau County

 

WHEREAS, The Town of East Hampton, a Municipality of New York State desires to participate in a Cooperative Bidding Program conducted by The Board of Cooperative Educational Services of Nassau County, for the purpose of Various Commodities and/or Services, and

 

              WHEREAS, The Town of East Hampton, a Municipality of New York State is desirous of participating with the Board of Cooperative Educational Services of Nassau County in the joint bid of the commodities and/or services mentioned below as authorized by General Municipal Law, Section 119-00, and

 

              WHEREAS, The Town of East Hampton, a Municipality of New York State has appointed The Board of Cooperative Educational Services of Nassau County as representative to assume the responsibility for drafting of specification, advertising for bids, accepting and opening bids, tabulating bids, reporting the results to The Town of East Hampton, a Municipality of New York State and making recommendations thereon, now therefore be it

 

              RESOLVED, that The Town of East Hampton, a Municipality of New York State hereby accepts the appointment of The Board of Cooperative Educational Services of Nassau County to represent it in all matters related above, and be it further

 

              RESOLVED, that The Town of East Hampton, a Municipality of New York State authorizes the above-mentioned Board of Cooperative Educational Services of Nassau County to represent it in all matters regarding the entering into contract for the purchase of the below-mentioned commodities and/or services, and be it further

 

              RESOLVED, that The Town of East Hampton, a Municipality of New York State agrees to assume its equitable share of the costs incurred as a result of the cooperative bidding, and, now, therefore be it

 

              RESOLVED, that The Town of East Hampton Supervisor on behalf of the Town of East Hampton, a Municipality of New York State hereby is authorized to participate in cooperative bidding conducted by The Board of Cooperative Educational Services of Nassau County for Automobiles/Vans/Trucks and if requested to furnish The Board of Cooperative Educational Services an estimated minimum number of Automobiles/Vans/Trucks that will be purchased by The Board of Cooperative Educational Services of Nassau County.  The Board of Cooperative Educational Services of Nassau County is hereby authorized to award cooperative bids to the bidder deemed to be the lowest responsible meeting the bid specifications and otherwise complying with Article 5-A of the General Municipal Law of the State of New York relating to public bids and contracts.

Financial Impact:

A5010 54100 - $400

D.              SUPERVISOR CANTWELL

 

RESOLUTION:              2014-1169

CATEGORY:                            Public Hearing

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

NOPH - Amend Chapter 225 TAXATION

 

WHEREAS, Chapter 225 ("Taxation"), Article VIII ("Enhanced STAR Exemption Extension") currently provides seniors who receive an enhanced STAR exemption an additional three (3) days to pay their real estate taxes without interest or penalties; and

 

              WHEREAS, the Town Board recognizes that the three day period may be insufficient and is considering an amendment to the Code to increase this period from three (3) to five (5) days for seniors receiving an enhanced STAR and for certain persons sixty-five (65) years of age and over; now, therefore, be it

 

              RESOLVED, that the Town Clerk is hereby directed to publish the attached Notice of Public Hearing in the September 25, 2014 edition of the East Hampton Star.

 

 

              A Local Law providing for the amendment of Chapter 225 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 I. - FINDINGS AND OBJECTIVES:

 

This local law will allow seniors who receive the enhanced STAR tax exemption and certain

seniors sixty-five (65) years and over an extra five (5) days to pay their property taxes without penalties or interest, pursuant to the authority of Section 925-b of the Real Property Tax Law of the State of New York. The Board finds that many seniors depend on their Social Security check as their sole means of income. Seniors may find it difficult to make their property tax payments on the first of the month because of the delay in receiving their Social Security checks.

 

SECTION II. - TOWN CODE AMENDED:

 

Chapter 225 ("Taxation") of the East Hampton Town Code, Article VIII ("Enhanced STAR Exemption Extension") is hereby amended to read in its entirety as follows:

 

CHAPTER 225

Taxation

 

Article VIII

Enhanced STAR Exemption Extension

 

225-28.  Purpose.

 

It is the purpose of this article to give seniors who receive the enhanced STAR tax exemption and Seniors age 65 and over receiving an exemption pursuant to Section 425(4) or Section 467 of the Real Property Tax Law an extra five (5) days to pay their property taxes. The Board finds that many seniors depend on their Social Security check as their sole means of income. Seniors may find it difficult to make their property tax payments on the first of the month because of the delay in receiving their social security checks. This local law recognizes this deadline is tight and gives seniors more time to pay their bills while they are waiting for the social security checks.

 

225-29. Extension.

 

Pursuant to the provisions of Section 925-b of the New York State Real Property Tax Law, the Town Board of the Town of East Hampton authorizes an extension of no more than five (5) business days for payment of taxes without interest or penalty for those residents who receive an enhanced STAR exemption pursuant to Section 425(4) or Section 467 of the New York State Real Property Tax Law.

 

SECTION III. - EFFECTIVE DATE:

 

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

 


NOTICE IS HEREBY GIVEN that the Town Board of the Town of East Hampton will hold a public hearing at Town Hall, 159 Pantigo Road, East Hampton, New York, on Thursday, October 16, 2014, at 6:30 p.m., or as soon thereafter as this matter may be heard, to consider comments of all persons regarding the amendment of Chapter 225 ("Taxation"), Article VIII ("Enhanced STAR Exemption Extension") of the East Hampton Town Code, an abstract of which is as follows:

             

A Local Law providing for the amendment of Chapter 225 ("Taxation"), Article VIII (Enhanced STAR Exemption Extension") of the East Hampton Town Code in order to increase the time in which a senior who receives an enhanced STAR exemption or an age 65 and over exemption an additional five (5) days to pay their real property taxes, said Local Law.

 

The full text of the proposed local law is available in the Town Clerk's office for inspection. Any person who wishes to be heard with regard to the proposed local law may appear in person or by agent at the time of the hearing or by correspondence addressed to the East Hampton Town Board, c/o Town Clerk, 159 Pantigo Road, East Hampton, New York 11937, said correspondence to be received before the date and time of the hearing.

                               

DATED: September 18, 2014                                                        BY ORDER OF THE TOWN BOARD

                                                                                                  TOWN OF EAST HAMPTON,              NEW YORK                                                                                                  CAROLE BRENNAN

                                                                                                  TOWN CLERK

 

RESOLUTION:              2014-1170

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Notice of Public Hearing to Amend Chapter 240 (Vehicles and Traffic) of the Town Code to Prohibit Parking on Dolphin Drive, Amagansett

 

BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on October 16, 2014 at 6:30 p.m., or as soon after as this matter can be heard, 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 providing for the amendment of Chapter 240, Section 240-61 ("Schedule XI: Parking Prohibited at All Times") and Section 240-79 (“Schedule XXIX: Permit Parking) of the East Hampton Town Code” which provides as follows:                                                                                                                                           

LOCAL LAW NO.   OF 2014

 

A Local Law providing for the amendment of Chapter 240, Section 240-61 ("Schedule XI: Parking Prohibited at All Times") and Section 240-79 (“Schedule XXIX: Permit Parking) of the East Hampton Town Code.

 

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

 

SECTION 1. Legislative Intent.

 

Currently, the Town Code of the Town of East Hampton allows parking for residents only on Dolphin Drive by permit.  The Town Board of the Town of East Hampton seeks to prohibit parking on Dolphin Drive at all times on both sides of the road from Montauk Highway south to its terminus based upon an assessment that indicates said prohibition will improve site distances and safety on this town road. 

 

SECTION 2. Amendment.

 

Chapter 240 ("Parking") of the East Hampton Town Code, Section 240-61 Schedule XI: Parking Prohibited at All Times, is hereby amended to add the following in alphabetical order:

 

Section 240-61 Schedule XI: Parking Prohibited at All Times.

 

Name of Street              Side                                          Location

                                                                                                               

Dolphin Drive                            Both                                          Montauk Hwy south to its terminus             

                                         

 

 

2.              Chapter 240 ("Parking") of the East Hampton Town Code, Section 240-79 Schedule XXIX: Permit Parking, is hereby amended to delete those words that are stricken:

 

Name of Street                                          Side                                          Location

                                                                                   

Dolphin Drive (Resident only)                            Both                                          From Montauk Highway south to its

                                                                                                                terminus

 

SECTION 3.  Authority.                                                                                                                                                                        

The proposed local law is enacted pursuant to Town Code §240-2 and New York State Vehicle and Traffic Law §1682.             

                                                                                                 

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.

 

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

 

NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that a public hearing shall be held on October 16, 2014 at 6:30 p.m., or as soon after as this matter can be heard, 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 providing for the amendment of Chapter 240, Section 240-61 ("Schedule XI: Parking Prohibited at All Times") and Section 240-79 (“Schedule XXIX: Permit Parking) of the East Hampton Town Code.

 

Summary of Proposed Law

 

The Town Board of the Town of East Hampton seeks to amend the parking regulations to prohibit parking at all times on Dolphin Drive, Amagansett.

 

Copies of the proposed local law, sponsored by Supervisor Cantwell are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

BY ORDER OF THE TOWN BOARD

TOWN OF EAST HAMPTON, NEW YORK

CAROLE BRENNAN, TOWN CLERK

Financial Impact:

None.

 

RESOLUTION:              2014-1171

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Resolution Setting Public Hearing to Consider Local Law Amending Chapter 182 to Designate South Flora Property in Napeague a Town Nature Preserve

 

Whereas, the Town of East Hampton purchased the subject property, comprised of approximately 37.7 acres, located on the south side of Montauk Highway on Napeague Beach, further identified by Suffolk County Tax Map No. 300-130-2-2.1 on December 5, 2000, by resolution no. 200-1476 for preservation of open space and “possible public recreational use (ocean bathing beach)”; and

Whereas, the subject property was nominated for Nature Preserve status to the Nature Preserve Committee from the neighboring home owners association, East End Dunes Resident Association (EEDRA); and

Whereas, by memorandum dated August 12, 2014, the Planning Department provided that the South Flora parcel meets all of the criteria for designation as a Nature Preserve pursuant to Town Code §182-10 (A-H); and

Whereas, the Planning Department determined that the South Flora parcel, (i) constitutes an important habitat for rare or endangered  species, (ii) contains freshwater wetlands and dune land that comprise much of the Napeague and Atlantic Double Dunes area, (iii) has geological features, namely sloping dune plain and beaches vulnerable to human disturbance, (iv) comprises of pristine dune land with communities of native vegetation suitable for study, (v) adds significantly to the contiguous open space to the north and provides an essential buffer to the development that flanks it to the east and west, and (vi) plays a role in the storage of water, flood control and maintenance of water quality; and

Whereas, the Nature Preserve Committee, by letter dated August 12, 2014, and subsequent letter dated September 11, 2014, recommended to the Town Board to designate the South Flora parcel as a Town Nature Preserve pursuant to Town Code §182-11(C) for the foregoing reasons determined by the Planning Department; and

Whereas, the Town Board of the Town of East Hampton considered the Nature Preserve Committees recommendation at a Town Board work session held on August 19, 2014; and now therefore be it

Resolved, that the Town Board hereby directs that a public hearing shall be held on October 16, 2014 at 6:30 p.m., or as soon after as this matter can be heard, 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 Town Code Chapter 182 (Nature Preserve) to designate the South Flora property a Town Nature Preserve” which provides as follows:                                                                                                                                           

LOCAL LAW NO.   OF 2014

A LOCAL LAW amending Town Code Chapter 182 (Nature Preserve) to designate the South Flora property a Town Nature Preserve.

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

SECTION 1. Legislative Intent.

This local law amends Chapter 182, Nature Preserve to add the South Flora property to the Town Nature Preserve.  The parcel proposed for dedication to the Nature Preserve is of great ecological significance and meets all of the criteria for designation as a Nature Preserve pursuant to Town Code §182-10 (A-H).  Pursuant to recommendations from the Town Planning Department and Nature Preserve Committee, the Town Board of the Town of East Hampton seeks to recognize the environmental significance of the South Flora property by designating it a Town Nature Preserve.

SECTION 2. Amendment.

Chapter 182 of the East Hampton Town Code is hereby amended at Article IV, with respect to Table IV of the Register of Properties, by adding the property in bold as follows:

SCTM No. 300-

Parcel Description/Amagansett School District

Acreage

130-2-2.1

South Flora Property

37.7

                           

SECTION 3.  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 4. Effective Date.

This local law shall take effect 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

PLEASE TAKE NOTICE that a public hearing shall be held on October 16, 2014 at 6:30 p.m., or as soon thereafter as this matter may be heard, 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 amending Town Code Chapter 182 (Nature Preserve) to designate the South Flora property, comprised of approximately 37.7 acres, located on the south side of Montauk Highway on Napeague Beach, further identified by Suffolk County Tax Map No. 300-130-2-2.1, a Town Nature Preserve.

Copies of the proposed local law, sponsored by Supervisor Cantwell are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

BY ORDER OF THE TOWN BOARD

TOWN OF EAST HAMPTON, NEW YORK

CAROLE BRENNAN, TOWN CLERK

 

RESOLUTION:              2014-1172

CATEGORY:                            Appointments

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Human Resources

Status Change Donald Kauth Code Enforcement Officer Ordinance Department

 

WHEREAS, Donald Kauth was appointed on a seasonal basis and his services are now needed on a part time due to the seasonal nature of our community now therefore be it

 

              RESOLVED that Donald Kauth be and is hereby changed status from seasonal to effective September 19, 2014, with no change to hourly rate or budget account number and be it further

 

              RESOLVED, that the Town Clerks office is hereby instructed to send a copy of this resolution to the appropriate personnel

 

RESOLUTION:              2014-1173

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Bookkeeping

Budget Modification - Trustees

 

Resolved, that the Budget Office make the following modification to the 2014 operating budget at the request of the Clerk of the Trustees to purchase computer equipment:

 

From A8710.42100 (Furniture of Fixtures) $1200 to A8710-52200 (Office Equipment)

From A8710-54155 (Computer Software) $400 to A8710-52200 (Office Equipment)

 

RESOLUTION:              2014-1174

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Bookkeeping

Amend Police Budget for Building Maint, Medical Supplies and Computer Software

 

Whereas, the Police Department needs to cover  expenses though year end  in the following accounts ; and  now be it

 

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

 

From:

 

Budget Line:  B3120.54155  Computer Software   in the amount of  $ 6,000.00

Budget Line:  B3120.54300  Telephone                            in the amount of  $ 2,200.00

 

To:

Budget Line:  B3120.54720  Building Maint. And Supplies    In the amount of  $ 1,200.00

Budget Line:  B3120.54760  Medical Supplies        in the amount of  $ 1,000.00

Budget Line:  B3120.52450  Computer Equipment        in the amount of  $ 6,000.00

Financial Impact:

$8,200 Transfer withing lines - Budget Neutral

 

RESOLUTION:              2014-1175

CATEGORY:                            Agreements, Contracts, Leases

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Georgica Pond Water Quality Restoration Action Plan 2014

 

WHEREAS, to address the recently documented algae bloom impairing the water quality of Georgica Pond, the Town of East Hampton, Village of East Hampton and Trustees of East Hampton have developed a multi-pronged action plan; and

 

WHEREAS, the Town, Village and Trustees have and will continue to receive professional scientific and engineering guidance from Stony Brook University, The Nature Conservancy, Town Departments of Natural Resources and Planning, and Town Comprehensive Wastewater Project; and

 

WHEREAS, the Town Board supports the Georgica Pond Water Quality Restoration Action Plan in order to address the impaired water quality of Georgica Pond; and

 

WHEREAS, the support of this plan is a Type II action pursuant to the New York State Environmental Quality Review Act (SEQRA) and Chapter 128 of the Town Code; and now therefore be it

 

RESOLVED, the Town Board hereby supports the Georgica Pond Water Quality Restoration Action Plan.

 

RESOLUTION:              2014-1176

CATEGORY:                            Agreements, Contracts, Leases

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Ratify Police Benevolent Association Memorandum of Agreement

 

WHEREAS, the Town of East Hampton (the “Town”) is a party to a collective bargaining agreement with the East Hampton Police Benevolent Association (the “PBA”) covering the period January 1, 2007 through December 31, 2012, which expired December 31, 2012; and

 

WHEREAS, authorized representatives for the Town and the PBA negotiated a successor agreement which was set forth in a Memorandum of Agreement covering the period January 1, 2013 through December 31, 2016, dated September 12, 2014 (the “MOA”), which was ratified by the PBA; and

 

WHEREAS, the Town and the PBA have incorporated the terms of the MOA into a successor collective bargaining agreement covering the period January 1, 2013 through December 31, 2016 in a form acceptable to the Town’s Labor Counsel; and

 

WHEREAS, the agreement provides stability in labor relations between the Town and PBA and has been determined by the Town Board to be in the interests of the Town and its police officers, now, therefore, be it

 

RESOLVED, that the Town Board hereby approves and ratifies the memorandum of agreement between the Town and PBA dated September 12, 2014; and be it further

 

RESOLVED, that the Town Board authorizes the Town Supervisor to execute the collective bargaining agreement between the Town and the PBA covering the period January 1, 2013 through December 31, 2016.

 

RESOLUTION:              2014-1177

CATEGORY:                            Agreements, Contracts, Leases

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Retain George Walbridge Surveyors, P.C. for Professional Services Related to the Downtown Montauk Stabilization Project

 

WHEREAS, the U.S. Army Corps of Engineers has undertaken the Fire Island to Montauk Point Storm Damage Reduction Project Reformulation Study and the Downtown Montauk Stabilization Project; and

 

WHEREAS, the Downtown Montauk Stabilization Project, hereinafter the “Project”, proposes to stabilize the shoreline of downtown Montauk by reinforcing the core of the dune with geotextile bags filled with sand along 3,100 feet of shoreline; and

 

WHEREAS, surveys of all affected properties are required to confirm and delineate the specific metes and bounds of the proposed Project area pursuant to the standards set forth by the U.S. Army Corps of Engineers, New York State Department of Environmental Conservation and County of Suffolk’s specifications; and

 

WHEREAS, the Town solicited three professional service quotes to obtain the requisite surveying work in connection with the Project; and

 

WHEREAS, George Walbridge Surveyors, P.C. responded with the lowest projected cost for completing the required surveying work in the amount of $47,500.00; and now, therefore be it

 

RESOLVED, that the firm of George Walbridge Surveyors, P.C., is hereby retained to perform the required surveying work in connection with the Downtown Montauk Stabilization Project in an amount not to exceed $47,500.00 From Budget Account HA1620-52001-12032 and the Supervisor is authorized to execute any agreements related thereto.

Financial Impact:

$47,500.00 from Budget Acct. No. HA1620-52001-12032

 

RESOLUTION:              2014-1178

CATEGORY:                            Agreements, Contracts, Leases

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Retain Advantage Title for Professional Services Related to the Downtown Montauk Stabilization Project

 

WHEREAS, the U.S. Army Corps of Engineers has undertaken the Fire Island to Montauk Point Storm Damage Reduction Project Reformulation Study and the Downtown Montauk Stabilization Project; and

 

WHEREAS, the Downtown Montauk Stabilization Project, hereinafter the “Project”, proposes to stabilize and reinforce the shoreline of downtown Montauk by placing geotextile bags filled with sand on the dunes along 3,100 feet of shoreline; and

 

WHEREAS, title certifications for all affected properties are required to confirm the ownership interests of the properties located in the proposed Project area pursuant to the standards set forth by the U.S. Army Corps of Engineers, New York State Department of Environmental Conservation and County of Suffolk; and

 

WHEREAS, the Town solicited three professional service quotes to obtain the requisite surveying work in connection with the Project; and

 

WHEREAS, Advantage Title responded in writing with the lowest projected cost for completing the required title work in the amount of $6,975.00; and now, therefore be it

 

RESOLVED, that the firm of Advantage Title is hereby retained to perform the required title work in connection with the Downtown Montauk Stabilization Project in an amount not to exceed $6,975.00 from Budget Account HA1620-52001-12032 and the Supervisor is authorized to execute any agreements related thereto.

Financial Impact:

$5,500.00 from Budget Account No.  HA1620-52001-12032

 

RESOLUTION:              2014-1179

CATEGORY:                            Agreements, Contracts, Leases

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Amend Term- License Agreement, Montauk Historical Society, Second House

 

WHEREAS, the Town of East Hampton is the owner of certain real property known as "Montauk's Kirk Park" upon which the Montauk Historical Society operates the "Second House Museum", located at the corner of Second House Road and Montauk Highway, Montauk, New York, which property is designated on the Suffolk County Tax Map as SCTM# 300-48-3-31; and

WHEREAS, the Town Board authorized, by Resolution No. 1019-2014, adopted on August 7, 2014, the Town to enter into a license agreement with the Montauk Historical Society to operate Second House Museum for historic preservation and for the promotion and safekeeping of the shared local historical structures, artifacts, traditions and heritage of the Montauk and East Hampton communities; and

 

WHEREAS, the License Agreement was originally set for a term of ten (10) years, to commence on the date of execution of the License Agreement; and

 

WHEREAS, the Montauk Historical Society has requested the term of said agreement, which has not been executed, be established at twenty (20) years; and

 

              NOW, THEREFORE, BE IT RESOLVED, that the Supervisor is hereby authorized to execute a license agreement with the Montauk Historical Society on behalf of the Town of East Hampton, subject to the approval of the Town Attorney, for the above-mentioned premises with an amended term of twenty (20) years.

 

RESOLUTION:              2014-1180

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Identify and Adopt Regulations  To Address Noise and Disturbance from Operations at East Hampton Airport

 

WHEREAS, the East Hampton Airport (“Airport”) provides useful transportation facilities which are important to, and are used by, residents, visitors and businesses in both East Hampton and the South Fork of Long Island; and

WHEREAS, the Town of East Hampton, as proprietor and operator of the Airport, is committed to operating a safe and properly maintained facility; and

WHEREAS, there has been and continues to be considerable local concern regarding disturbance from noise and related impacts from aviation operations at the Airport; and

WHEREAS, studies have shown that aviation noise is disturbing at a lower decibel level when the ambient noise level is low, as it is in East Hampton and other nearby communities surrounding the Airport that are especially noise-sensitive and especially dependent upon having a quiet, tranquil environment; and

WHEREAS, studies have shown that aviation noise can be harmful to human health and wildlife and that helicopter noise can cause disturbance at lower decibel levels than fixed-wing aircraft; and

WHEREAS, the Town has worked with the Eastern Region Helicopter Council, operators of helicopters, the Congressional delegation, and federal regulators in past years to establish voluntary helicopter arrival and departure routes aimed at abating adverse community impacts from helicopters using the Airport; and

WHEREAS, the problem of noise and disturbance does not just interrupt and disrupt the lives of residents within the immediate vicinity of the Airport but also adversely affects residents in communities, including Bridgehampton, East Hampton, North Haven, North Sea, Noyac, Sagaponack, Sag Harbor, Shelter Island, Wainscott, and the North Fork; and

WHEREAS, the Town of Southampton, Town of Shelter Island, Town of Southold, Village of North Haven, Village of East Hampton, and Village of Sag Harbor, have adopted resolutions, noting the effect of excessive aircraft noise from the increased traffic at the Airport on their respective Town and Village residents and requesting the Town Board of the Town of East Hampton “adopt a comprehensive aircraft noise limitation policy…” among others; and

WHEREAS, the Town has consulted, and continues to, consult with leadership in nearby towns to address impacts of aviation operations in those towns as well; and

WHEREAS, while voluntary measures have provided some limited relief in certain neighborhoods, these measures alone have not reduced to an acceptable level the overall intensity of community disturbance from noise associated with aviation operations at the Airport; and

WHEREAS, the number of helicopter operations at the Airport has increased by more than forty percent in the last year; and

WHEREAS, the Town announced its intent to pursue use restrictions on operations at the Airport by the adoption of Resolution RES-2012-832 on August 2, 2012; and

WHEREAS, the Town Board has received multiple presentations from aviation engineers, noise consultants, and counsel regarding viable and permissible approaches to address the consequences of disturbance from noise associated with operations at the Airport; and

WHEREAS, the Town Board has determined that it is prudent and in the best interest of communities both within and outside the Town that are affected by noise from the Airport to take action to reduce the level of community disturbance from noise associated with aviation operations; and

WHEREAS, the Town cannot lawfully adopt a restriction on aviation operations at the Airport without first studying the local problem and considering alternative strategies specifically and narrowly tailored to address the identified problem in the affected communities; and

WHEREAS, the Town has been collecting data for several years on aviation operations at the Airport for the purpose of understanding the relationship between noise disturbance and aviation operations at the Airport; and

WHEREAS, the Town has invested heavily in a sophisticated system for collecting data on noise and disturbance in the vicinity of the Airport, the purpose of which is to provide the Town with robust data upon which to make decisions about the most appropriate way to address local noise and disturbance problems; and

WHEREAS, the Town Board has directed its noise consultants to collect, assess and evaluate data that has already been collected on noise and operations at the Airport, so that the Town Board can understand and be positioned to address and resolve the problems of disturbance from noise associated with operations at the Airport; and

WHEREAS, the Town Board has no intention of imposing any restriction on aviation operations arbitrarily or without careful study and consideration of a tailored restriction that is based upon the unique environment of the communities affected by noise from Airport operations; and

WHEREAS, the Town Board has directed its Town Attorney and outside counsel to ensure that the Town follows a deliberate, transparent, and thoughtful process in compliance with applicable law before considering adoption of restrictions on aviation operations; and

WHEREAS, the Town Board has determined that it would be advantageous to make a decision about possible restrictions on aviation operations before the beginning of the 2015 season; now, therefore, be it

RESOLVED, that the Town Board is committed to finding a solution to disturbance resulting from noise associated with Airport operations and intends to adopt whatever lawful measures it can to ensure the peace, quiet, tranquility and health of communities affected by Airport noise; and be it further

RESOLVED, that upon completion of appropriate analysis, the Town will consider the following issues before making a decision: (1) the most serious disturbances to the local population; (2) the cause(s) of the disturbances; and (3) reasonable and practical solutions tailored to address the source(s) of those disturbances; and be it further

RESOLVED, that upon receipt of the noise consultant’s analysis, the Town Board will identify a proposed action that addresses the identified problem(s), which action, along with some of the alternative solutions reported on, will be the subject of further study that will comply with the requirements of federal and state law; and be it further

RESOLVED, that the Town Board will hold public meetings, workshops and/or hearings at appropriate times to provide ample opportunity for all points of view to be expressed, so that the Town can thoroughly consider the benefits and impacts of each of the alternative solutions to the identified problems, before the Town Board takes any formal action; and be it further

RESOLVED, that the Town Board will consult with, and seek input from, the affected stakeholders, the Congressional and state legislative delegation and the Federal Aviation Administration before taking any action to adopt a solution to the noise problem; and be it further

RESOLVED, that upon completion of such further study and any required environmental analysis, the Town Board will decide whether to proceed with adopting an alternative or alternatives, which may include restrictions on helicopter and/or other aviation operations at the Airport, to address local disturbance resulting from aviation operations at the Airport; and be it further

RESOLVED, the Town Board finds that the adoption of this resolution is classified as a Type II Action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR Part 617.5(c)(21) and Town Code Chapter 128, and as such, no further environmental review is required; and be it further

RESOLVED, that the Town Board intends to complete this process and to implement the selected alternative or alternatives before the 2015 season. 

 

RESOLUTION:              2014-1181

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Authorize Options to Lease - SunEdision

 

WHEREAS, the Town of East Hampton solicited proposals for the lease of various Town properties to be used for alternate energy facilities; and

 

WHEREAS, SunEdison was one of the successful proposers, submitting proposals for the following properties to be developed for solar energy generation; and

 

WHEREAS, SunEdison desires to proceed with a option to lease a portion of each of the following properties (the subject properties), with the understanding that the Town will authorize a lease for each such site, subject to compliance with the provisions of New York State Law, upon SunEdison's successful completion of a site plan and appropriate environmental review of the specific projects proposed upon each site;

 

Suffolk Cnty Tax Map:              Street                                                        Property SIze                             Leased area                                                                                                                                                                         (approx.):

 

0300-125-1-1                                          Accabonac Hwy.                            21.68 acres                            12 acres

 

0300-135-2-15.2 & 34.2              Bull Path/Northwest Rd.              9.27 acres                            5 acres

 

0300-145-3-16.1                             Springs-Fireplace Rd.                            50.4 acres                            7.59 acres

 

and

 

WHEREAS, SunEdison will pay to the Town for the options to lease, commencing upon the expiration of its due diligence period, option payments based upon the proposed output of each facility in MWdc and at a rate of $7,500 per MWdc per annum for a term of up to three (3) years, while it processes its applications for approval and otherwise determines the feasibility of proceeding with each project; and

 

WHEREAS, during the option period and upon receipt of appropriate approvals, SunEdison shall have the right to enter into a lease agreement with the Town for each site in a form substantially similar to that annexed to the option agreement, subject to the Town's compliance with applicable laws, said leases to be for an initial term of twenty (20) years with options to renew upon the mutual approval of the parties; 

 

now, therefore, be it

 

RESOLVED, that the proposed options to lease the subject properties is an unlisted action pursuant to the State Environmental Quality Review Act  (SEQRA) and Chapter 128 (Environmental Quality Review) of the Town Code, and an Environmental Assessment was prepared and reviewed by this Board and a Negative declaration is hereby made with respect to the same; and be it further

 

RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the Option Agreements for each site listed herein, such options to be effective for a period of up to three (3) years from their execution; and be it further

 

RESOLVED, that SunEdison, pursuant to the terms of the Option Agreements, may proceed with site plan review with the Town Planning Board, environmental review and such other approvals as may be necessary for each specific project, and be it further

 

RESOLVED, that SunEdison shall have the right, upon receipt of appropriate approvals, to enter into a lease agreement for each site, subject to the Town's compliance with the provisions of New York State Law as they pertain to the lease of municipal lands; and be it further

 

RESOLVED, that SunEdison shall pay the Town option payments upon expiration of the 90 day due diligence period, with such option payments to be based upon the sum of $7,500 per proposed MWdc output of each facility, resulting in annual option payments as follows:

 

              a).              Accabonac Highway:                3.946 MWdc;                            $29,595 per annum;

              b).              Bull Path/Northwest Rd.:              2.5207 MWdc;              $18,905 per annum;

              c).              Springs-Fireplace Rd.:              4.32 MWdc;                            $32,400 per annum

E.              ADDITIONAL RESOLUTIONS

 

RESOLUTION:              2014-1182

CATEGORY:                            Easement

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

North Harbor Realty, Corp.  Accept Grant of Scenic and Conservation Easement

 

              WHEREAS, a public hearing was held by the Town Board of the Town of East Hampton on September 18, 2014, on a proposed grant of a scenic and conservation easement to the Town pursuant to Section 247 of the General Municipal Law and Chapter 16 of the Town Code; and

 

              WHEREAS, acceptance of the easement as submitted and heard is hereby found to be in the best interest of the Town; now, therefore, be it

 

              RESOLVED, that the Town hereby accepts the easement listed below and authorizes and directs the Supervisor to execute same on behalf of the Town and the Town Clerk is directed to return it to the applicant for recording in the Office of the Suffolk County Clerk pursuant to the Zoning Board's Resolution of approval.

 

GRANTOR: North Harbor Realty Corp.

TYPE OF EASEMENT: Scenic and Conservation

DATE OF EASEMENT: August 11, 2014

LOCATION:              374 West Lake Drive, Montauk

                            SCTM #300-12-01-03 & 13

REVIEWING AGENCY:               Zoning Board of Appeals

 

RESOLUTION:              2014-1183

CATEGORY:                            Easement

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Keller/King Accept Grant of Scenic and Conservation Easement

 

              WHEREAS, a public hearing was held by the Town Board of the Town of East Hampton on September 18, 2014, on a proposed grant of a scenic and conservation easement to the Town pursuant to Section 247 of the General Municipal Law and Chapter 16 of the Town Code; and

 

              WHEREAS, acceptance of the easement as submitted and heard is hereby found to be in the best interest of the Town; now, therefore, be it

 

              RESOLVED, that the Town hereby accepts the easement listed below, authorizes and directs the Supervisor to execute same on behalf of the Town, and the Town Clerk is directed to return it to the applicant for recording in the Office of the Suffolk County Clerk pursuant to the Zoning Board's decision.

 

GRANTOR: Constance A. Keller and Judith D. King

TYPE OF EASEMENT: Scenic and Conservation Easement

DATE OF EASEMENT: August 19, 2014

LOCATION:              23 Fairview Avenue, Montauk

                            SCTM #300-48-8-10.2

REVIEWING AGENCY:               Zoning Board of Appeals;

 

RESOLUTION:              2014-1184

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Accabonac Tennis Affordable Housing Credit Approval

 

WHEREAS, the Town Board held a public hearing on September 18, 2014 on the proposed transfer of four (4) banked Affordable Housing Credits (AHC) from the following sending parcels: SCTM #300-133-2-6.4, 300-112-1-23 & 24.1, 300-56-2-46, all located within the East Hampton School District, to the following receiving parcel: SCTM #0300-162-5-22 located at 181 Accabonac Highway, East Hampton and within the East Hampton School District for the purposes of constructing a 12-unit affordable housing condominium. The property is currently zoned A-Residence with an Affordable Housing Overlay District; and

WHEREAS, the inclusion of the subject premises within an Affordable Housing Overlay District by the Town Board indicates that the site has been deemed to meet certain criteria making it appropriate for such a use, including the availability of public water, the site's convenience to public transportation, the compatibility of such a use with surrounding uses, suitability of the site for such a development, and a lack of flood hazard or erosion hazard areas on the site; and  

WHEREAS, the proposed development will increase the sanitary flow for the site but will not exceed double the Suffolk County Department of Health Services allowable sanitary flow within Groundwater Management Zone IV, but in order to comply with the requirements of the Suffolk County Department of Health Services the property owner requires an additional four (4) sewage credits to offset the anticipated increase in the sanitary flow from the proposed improvements; and

WHEREAS, the Town of East Hampton created the East Hampton Affordable Housing Credit Program to allow the transfer of sanitary credits from areas where the Town has sterilized land (sending parcels) to other parcels (receiving parcels) for affordable housing projects throughout the Town; and

WHEREAS, the Planning Board has informed the Town Board, by letter dated November 20, 2008, that the subject site is an appropriate site for an affordable housing development and has recommended that the Town Board utilize the four (4) banked Affordable Housing Credits to facilitate the proposed project; and

WHEREAS, the Building Inspector has submitted comments to the Town Board by memorandum dated June 25, 2009; and

WHEREAS, pursuant to the provisions of Chapter 250 (Affordable Housing Credits) Section 250-40-30, the transfer of AHCs are to be within the same school district unless the Town Board has evaluated the impact upon the sending and receiving districts by way of an economic analysis of the impacts upon the school district; and

WHEREAS, the East Hampton School District had the four (4) credits required for this project available; and

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

WHEREAS, the authorization of the proposed transfer of four (4) banked affordable housing credits was considered pursuant to the provisions of Chapter 250 (Affordable Housing Credits) Section 250-40-30; and

WHEREAS, the authorization of the proposed transfer of four (4) banked affordable housing credits is a Type II action pursuant to the New York State Environmental Quality Review Act (SEQRA) and Chapter 128 (Environmental Quality Review) of the East Hampton Town Code and as such does not require any additional environmental analysis; and

WHEREAS, the Town Board finds that a transfer of affordable housing credits for this property will be in the best interests of the Town of East Hampton, by furthering the provision of affordable housing in East Hampton; now, therefore, be it

RESOLVED, that the transfer of four (4) banked affordable housing credits from the following sending parcels SCTM #300-133-2-6.4, 300-112-1-23 & 24.1, 300-56-2-46, all located within the East Hampton School District, to the following receiving parcel: SCTM #0300-162-5-22 located at 181 Accabonac Highway, East Hampton and within the East Hampton School District for the purposes of constructing a 12-unit affordable housing condominium is hereby authorized.