East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

Town Board Meeting of February 16, 2017
East Hampton, New York

 

 

I.              Call to Order

6:30 PM Meeting called to order on February 16, 2017 at Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY.

 

Attendee Name

Present

Absent

Late

Arrived

Councilwoman Kathee Burke-Gonzalez

¨

¨

¨

 

Councilman Peter Van Scoyoc

¨

¨

¨

 

Councilwoman Sylvia Overby

¨

¨

¨

 

Councilman Fred Overton

¨

¨

¨

 

Supervisor Larry Cantwell

¨

¨

¨

 

II.              Public Hearings

1.              NOPH - Local Law - Municipal Building Energy Benchmarking

2.              Set Public Hearing to Consider Amending Chapter 102 (Building Construction) to Adopt HERS Rating Energy Conservation Requirements

III.              Public Portion

IV.              Resolutions

A.              COUNCILWOMAN BURKE-GONZALEZ

 

RESOLUTION:              2017-240

CATEGORY:                            Warrant Approval

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

2B Warrant- Approval of Claims $ 5,636,939.69 Utility 2B $ 58,226.12

 

RESOLVED, that Claims on Warrant No. 2B/2017, in the amount of $ 5,636,939.69 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. 2B/2017, in the amount of $ 58,226.12 Were audited by the Town Board and the Supervisor is hereby directed to pay same.

 

RESOLUTION:              2017-241

CATEGORY:                            Bond SEQRA

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

SEQRA Determination for Bond Resolution  Install Security Cameras EHT Airport

 

WHEREAS, the Town Board has before it for consideration on February 16, 2017, a Bond Resolution for the funding of the purchase and installation of security cameras at the East Hampton Town Airport; and

WHEREAS, the proposed project is deemed Type II action under the New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617.5 and Chapter 128 of the Town Code; now therefore be it

RESOLVED, that the Town Board finds that the above referenced purchase and installation of security cameras is classified as Type II Actions under SEQRA pursuant to 6 NYCRR Part 617.5 and Town Code Chapter 128, and as such, no further environmental review of the proposed projects are required.

 

RESOLUTION:              2017-242

CATEGORY:                            Bond

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

BOND - $75,000 Security Camera System at Airport

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED FEBRUARY 16, 2017, AUTHORIZING THE INSTALLATION OF A NEW SECURITY CAMERA SYSTEM AT THE EAST HAMPTON AIRPORT, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $75,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE AND AUTHORIZING THE ISSUANCE OF BONDS OF THE TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $75,000 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 install a new security camera system at the East Hampton Airport.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $75,000 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 $75,000 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.  Bonds of the Town in the principal amount of not to exceed $75,000 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 period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 32 of the Law, is five (5) years.

 

Section 4.  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.

 

Section 5.  The proposed maturity of the bonds authorized by this resolution will not exceed five years.

 

Section 6.  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 7.  Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance 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 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 the powers and duties relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.

 

Section 8.  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 9.  This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The East Hampton Star," which is hereby designated the official newspaper of the Town for such publication.

 

RESOLUTION:              2017-243

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Resolution Setting a Public Hearing to Consider Amending Chapter 240 (Vehicles and Traffic) to Provide for Installation of Stop Signs to Create a 4-Way Stop at the Intersection of Wainscott Main Street, 5 Rod Highway and Wainscott Hollow Road

 

BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on March 16, 2017 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 (Vehicles and Traffic), Section 240-58, (Schedule VIII: Stop Intersections.) of the East Hampton Town Code, to provide for stop signs to be installed at certain intersection to wit: Wainscott Hollow Road, 5 Rod Highway and Wainscott Main Street at its intersection” which provides as follows:

Introductory No. __ of 2017

Local Law No.  ___ - 2017

A Local Law Providing for the Amendment of Chapter 240 (Vehicles and Traffic), Section 240-58, (Schedule VIII: Stop Intersections.) of the East Hampton Town Code, to provide for stop signs to be installed at certain intersection to wit: Wainscott Hollow Road, 5 Rod Highway and Wainscott Main Street at its intersection.

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

SECTION 1. Legislative Intent.

It is the intent of this legislation to add stop signs to create a 4-way stop at the intersection of Wainscott Hollow Road, 5 Rod Highway and Wainscott Main Street as a public safety measure at the recommendation of the Town Engineer and the East Hampton Police Department.

SECTION 2. Amendments.

Chapter 240 (Vehicles and Traffic) is hereby amended to add the following underlined words in proper alphabetical order within the section:

§240-58 (Schedule VIII: Stop Intersections.)

Stop Sign on                                          Direction of Travel                    At Intersection of

Wainscott Main Street              Southwest                                          Wainscott Hollow Road

Wainscott Main Street              Northeast                                          5 Rod Hwy

Wainscott Hollow Road              Southeast                                          Wainscott Main Street

SECTION 3. Authority.                                                                                                                              

The Town Board is authorized to establish and promulgate rules and regulations regarding traffic control pursuant to New York State Town Law §130 and New York State Vehicle and Traffic Law §1660.

Section 5.  Effective Date.

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

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

NOTICE OF PUBLIC HEARING

Introductory No. _ of 2017

PLEASE TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on Thursday, March 16, 2017 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 (Vehicles and Traffic), Section 240-58, (Schedule VIII: Stop Intersections.) of the East Hampton Town Code, to provide for stop signs to be installed at certain intersection to wit: Wainscott Hollow Road, 5 Rod Highway and Wainscott Main Street at its intersection.”

Summary of Proposed Law

This proposed local law will create a 4-way stop on Wainscott Main Street, 5 Rod Highway and Wainscott Hollow Road at its intersection.

Copies of the proposed local law, sponsored by Councilwoman Kathee Burke Gonzalez 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:              2017-244

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Bookkeeping

Appoint Student Intern - Francesca Denaro (Finance)

 

Resolved, at the recommendation of the Finance Director and Internal Auditor the Town Board appoints Francesca Denaro to the part-time position of Student Intern in the Finance Division at an hourly rate of $12.85 (per Schedule A) to begin February 19, 2017 and stay effective through December 31, 2017.

 

RESOLUTION:              2017-245

CATEGORY:                            Bids Accepted

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Purchasing

Accept Proposal - EH2016-108 - Upgrades & Maintenance of East End Disabilities Group (EEDG) Website Re-Proposal - Milton MacWhinnie

 

WHEREAS, the Town Board solicited proposals for Upgrades & Maintenance of East End Disabilities Group (EEDG) Website Re-Proposal, RFP EH2016-108; and

 

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

 

RESOLVED, that at the recommendation of the evaluation committee, the proposal of Milton MacWhinnie to provide the services in accordance with his proposal, is hereby accepted, and be it further

 

RESOLVED, that the Town Supervisor is hereby authorized and directed to enter into an Agreement with Milton MacWhinnie, for the provision of services consistent with the Contractor's response to the Request for Proposals, said agreements to be subject to the review and approval of the Town Attorney. 

 

RESOLUTION:              2017-246

CATEGORY:                            Amendment

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Purchasing

Amend Resolution No. 2017-147 Extend Contract  - EH16-004 Supply & Delivery of Dairy Products January 2016

 

WHEREAS, by Resolution No. 2017-147, adopted on January 19, 2017, the Annual Contract for Supply & Delivery of Dairy Products January 2016 was extended for Mivila Foods of NY and DiCarlo Distributors, Inc.; and

 

WHEREAS, Item #28 was inadvertently listed as awarded to DiCarlo in error; now, therefore

be it

 

RESOLVED, Resolution No. 2017-147 is amended to reflect Item #28 is eliminated from DiCarlo  Distributors, Inc. List of awarded bid items; and, be it further

 

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

 

RESOLUTION:              2017-247

CATEGORY:                            Bids to Notice

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Purchasing

Notice to Bidders - EH17-006 - Taxiway "A" Tree Obstruction Removal -  Bid Available 2/23/17 - Bid Due 3/10/17

 

WHEREAS, the Town of East Hampton wishes to perform public works bid for the East Hampton Airport; 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 March 10, 2017 at 3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

                                          Taxiway A Tree Obstruction Removal

 

Specifications are available at the purchasing Department office and may be picked up between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, (except Holidays) beginning Thursday, February 23, 2017.  These specifications have met with the approval of the Purchasing Department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Taxiway A Tree Obstruction Removal"

 

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                           

 

EH17-006              Taxiway A Tree Obstruction Removal                               March 10, 2017                                                                                                                                           

                                                                                   

 

                                                       

; and, be it further

 

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

 

RESOLUTION:              2017-248

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Authorize Agreement with Frasca and Associates Regarding Fixed-Base Operator Leases at East Hampton Airport

 

WHEREAS, the Town is entering into negotiations and valuations of certain fixed-base operator leaseholds at the East Hampton Airport; and,

 

WHEREAS, the Town is desirous of retaining advisory and consulting services to aide in said negotiations; and,

 

WHEREAS, Frasca and Associates, LLC has provided a proposal to provide those services and is a firm that has the requisite experience and skill to professionally assist the Town; now therefore be it

 

RESOLVED, that the Supervisor is hereby authorized and directed to enter into an agreement with Frasca and Associates, LLC, in a form approved by the Town Attorney, in an amount not to exceed $40,000 dollars payable from SX-5610-54520 (Outside Professionals).

 

RESOLUTION:              2017-249

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Authorize Maintenance Agreement - AWOS System

 

WHEREAS, the Town of East Hampton has an Automated Weather Observation System (AWOS) installed at the Town Airport; and

 

WHEREAS, maintenance of the AWOS system is necessary to keep the system working efficiently; and

 

WHEREAS, DBT Transportation Services has submitted a proposal to provide maintenance services for the AWOS system for 2017, at a total cost of $7,780.00 as set forth in their proposal dated January 5, 2017; now, therefore, be it

 

RESOLVED, that DBT Transportation Services is hereby retained by the Town of East Hampton to provide AWOS maintenance services as set forth in their proposed agreement dated January 5, 2017; and be it further

 

RESOLVED, that the Town Supervisor is authorized to enter into an Agreement, to be approved by the Town Attorney, with DBT to provide such services as herein authorized, such costs to be paid from budget account No. SX5610-54500..

 

RESOLUTION:              2017-250

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Authorize Town Joining the International Municipal Lawyers Association

 

WHEREAS, the International Municipal Lawyers Association provides information and legal resources, including legal advocacy, to member municipalities; and

 

WHEREAS, the Town of East Hampton is interested in becoming a member of the organization; and,

 

WHEREAS, the population based membership fee is $625 for a municipality of East Hampton's size; now therefore be it

 

RESOLVED, that the Town Supervisor is hereby authorized and directed to file all necessary applications for the Town of East Hampton to become a member of the International Municipal Lawyers Association, payable one half from A1420-54200 (Travels Conferences and Dues) and one half from SX-5610-54520 (Outside Professionals).

 

RESOLUTION:              2017-251

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Resolution Authorizing Agreement for the Location of Storage Pods at Maidstone Park for I-Tri

 

WHEREAS, Inspirational Triathlon Racing International (hereinafter, "i-tri") is program which provides recreational opportunities and physical training to develop self-confidence and healthy lifestyles in young people; and

 

WHEREAS, i-tri has requested permission to place up to three storage pods at Maidstone Park for the storage of bicycles to be used to for youth training purposes from April 3, 2017 through June 18, 2017; now therefore be it

 

RESOLVED, that the Town Supervisor is hereby authorized and directed to enter into an agreement with i-tri, in a form to be approved by the office of the Town Attorney, to permit the placement of up to three storage pods at Maidstone Park, in a location to be approved by the Superintendent of Recreation, for the sole purpose of storing bicycles to be used for training purposes by the program.

 

RESOLUTION:              2017-252

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Auction Surplus Equipment

 

WHEREAS, the Town has certain surplus equipment that do not suit the needs of the Town and the Town does not anticipate a need for such equipment in the foreseeable future; and

 

WHEREAS, the Town wishes to dispose of these items at the highest offer using an online auction; and

 

WHEREAS, Absolute Auctions & Realty, Inc, (AAR) is a licensed, bonded, certified and insured professional auction company that can offer the Town's surplus items via its website and mailing list and via other advertising mediums to secure the Town the highest available offer for such items, without any additional labor being required from the Town; now, therefore, be it 

 

RESOLVED, that the sale of surplus Town equipment as set forth in the attached list will be offered for sale by Absolute Auctions & Realty, Inc, (AAR) through the Purchasing Department, together with such other and further equipment as the Town Board may hereafter approve.

 

RESOLUTION:              2017-253

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Authorize Contract Renewal with Navaid

 

WHEREAS, by Resolution No. 2015-407, the Town Board accepted the bid of Navaid Technical Services ("Navaid") pursuant to Bid #EH15-013, for Multilateration System Monitoring, Hardware and Maintenance for the East Hampton Airport,; and

 

WHEREAS, the Town's current contract with Navaid expires April 30, 2017; and,

 

WHEREAS the Town is in need of continued services from Navaid, and the Navaid has submitted a proposal, dated February 10, 2017, for the continued support and maintenance services to the Town Airport, for the period May 1, 2017 through April 30, 2018; and

 

WHEREAS, the proposed cost to the Town for Navaid's services will be $2,250.00 per month, for a total of $27,000 dollars, for the period May 1, 2017 through April 30, 2018; now, therefore, be it

 

RESOLVED, that the Town Board hereby authorizes a contract renewal with Navaid for the period from may 1, 2017 through April 30, 2018, at a cost not to exceed the sum of $27,000, such costs to be paid from airport subcontractor line # SX5610 54500.

 

RESOLUTION:              2017-254

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Bookkeeping

Accept Donation - Senior Citizen Nutrition Program

 

Whereas, the Town has received a generous donation from the J.M. Kaplan Fund recommended by Quina Fonseca in memory of Rosa Rojas, and

 

Whereas, the donation is to be used for the Town Senior Nutrition Program, now therefore be it

 

Resolved, with gratitude, that the following modification be made to the 2017 Town budget for the Senior Nutrition Program:

 

Add $5,000 to Revenue Line A0-42705 (Senior Nutrition Program Donation)

Add $5,000 to Expense Line A6772-54500 (Nutrition Program - Sub Contract Cost)

B.              COUNCILMAN VAN SCOYOC

 

RESOLUTION:              2017-255

CATEGORY:                            Committees

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Board

Appoint Tyler Armstrong to the Waterfront Advisory Committee

 

              WHEREAS, the East Hampton Town Board must appoint a new member to the Waterfront Advisory Committee to replace Carl Safina whose term ended on 9/3/2016; be it

 

              RESOLVED, the Town Board hereby appoints Tyler Armstrong to the Waterfront Advisory Committee for a five (5) year term ending on 9/3/2021; and, be it further

 

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

 

RESOLUTION:              2017-256

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Part Time Laborers in the Parks Department

 

RESOLVED, that the following be and are hereby appointed part time laborers in the Parks Department at the hourly salary of $14.755 to be paid bi-weekly from Budget Account A7110-51200 upon proper submission of time records; said appointments are to take effect on February 20, 2017:

 

Nakia Mabry                                          A7110-51200                                          $14.755

Glenn Kittren                                          A7110-51200                                          $14.755

 

RESOLUTION:              2017-257

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint David Kent to Full Time Laborer in the Highway Department

 

RESOLVED, that David Kent be and is hereby appointed full time laborer in the Highway Department at an hourly salary of $18.049 (Grade 13, Starting Step), $37,541.92 annually, for a 40 hour work week to be paid bi-weekly from Budget Account DB5110-51100 upon proper submission of time records; said appointment is effective February 19, 2017.

 

RESOLUTION:              2017-258

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Brianna Larcombe Part Time Recreation Aide in the Recreation Department

 

RESOLVED, that Brianna Larcombe be and is hereby appointed part time recreation aide in the Recreation Department at an hourly salary of $10.00 to be paid bi-weekly from Budget Account A7020-51200 upon proper submission of time records; said appointment to take effect on 02/17/2017.

 

RESOLUTION:              2017-259

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Michael Scholl Part Time Laborer for Snow Removal

 

RESOLVED, that Michael Scholl be and is hereby appointed as a part time, call-in as needed, laborer for the 2017 snow removal season with the Highway Department at the hourly rate of $25.00 paid bi-weekly from Budget Account #DB5142-51200 upon properly submitted time records; said appointment is effective retroactive to February 1, 2017.

 

RESOLUTION:              2017-260

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Promote Matthew Myers to Automotive Equipment Operator in the Highway Department

 

RESOLVED, that Matthew Myers be and is hereby promoted to Automotive Equipment Operator in the Highway Department at $24.6059 an hour (Grade 18, Off Step), $51,180.272 annually, for a 40 hour work week to be paid bi-weekly from Budget Account DB5110-51100  upon proper submission of time records: said appointment is to take effect on February 19, 2017.

 

RESOLUTION:              2017-261

CATEGORY:                            Bids to Notice

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Purchasing

Notice to Bidders - EH17-005 - Purchase & Delivery of Jet Skis Bid Available February 16, 2017 - Bid Due March 9, 2017

 

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

 

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

 

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

 

                                                        NOTICE TO BIDDERS

 

TAKE NOTICE, that sealed bids will be received by the Purchasing Agent, on March 9, 2017,  3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

                        Purchase & Delivery of Jet Skis

                           

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 February 16, 2017.  These specifications have met with the approval of the Purchasing Department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Purchase & Delivery of Jet Skis"

 

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

 

And, be it further

 

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

 

Bid #                            Name                                                                                           Opening Date

                           

EH17-005              Purchase & Delivery of Jet Skis                            March 9, 2017

                           

                                                       

                           

 

and, be it further

 

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

 

RESOLUTION:              2017-262

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Approve FMLA for Veronica Daniels

 

WHEREAS, Veronica Daniels, Custodial Worker I in the Parks Department, has requested and is found to be eligible for a Family and Medical Leave of Absence (FMLA) now therefore be it

 

RESOLVED, that, in accordance with the CSEA Town of East Hampton Bargaining Unit Contract and in compliance with the Family and Medical Leave Act (FMLA), Veronica Daniels be and he is hereby granted up to 12 weeks of leave effective retroactive to February 13, 2017. In accordance with the provisions of the Family Medical Leave Act & Town FMLA Policy, medical benefits will continue and available accrued sick, vacation and personal time will be paid prior to the utilization of unpaid leave.

 

RESOLUTION:              2017-263

CATEGORY:                            Bids to Notice

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Purchasing

RFP EH2017-102 - Green Homes East End Consulting Agreement Re-Proposal - Proposals Available February 16, 2017 - Proposals Due March 9, 2017

 

WHEREAS, the Town of East Hampton wishes to obtain services through a Request for a Re-Proposal procedure for a Green Homes East End Consulting Agreement, therefore be it

 

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

 

                                                        Request for Proposals

 

TAKE NOTICE, that sealed proposals will be received by the Purchasing Agent, Purchasing Department, 159 Pantigo Road on March 9, 2017 no later than 3:00 p.m. prevailing time.

 

Specifications are available at the Purchasing Department Office and may be picked up between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, (except Holidays) beginning February 16, 2017.  These proposals have met with approval of the Purchasing Department.

 

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

 

And, be it further

 

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

 

RFP #                            Name                                                                                    Opening Date

                           

EH2017-102              Green Homes East End                                           March 9, 2017

                            Consulting Agreement Re-Proposal

 

RESOLUTION:              2017-264

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Board

Accept Donation of a Foot Pedal Sharpening Stone for the Blacksmith Shop

 

WHEREAS, Gary Parker, a Springs resident, has donated a foot pedal sharpening stone for the Blacksmith Shop in Springs; now, therefore, be it

 

RESOLVED, that the Town Board hereby gratefully accepts the donation by Gary Parker to the Town of East Hampton.

 

RESOLUTION:              2017-265

CATEGORY:                            Bids Extended

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Purchasing

Contract Extension EH15-002 - Annual Traffic Signal Repair &  Maintenance Contract - Hinck Electrical Contractor, Inc.

 

WHEREAS, the Town solicited bids in 2015 for the Annual Traffic Signal Repair & Maintenance Contract Bid No. EH15-002; and

 

WHEREAS, the bid of Hinck Electrical Contractor, Inc. was the lowest bid received meeting the bid specifications; and

 

WHEREAS, the Town accepted the bid of Hinck Electrical Contractor, Inc., and entered into an agreement that is renewable, upon agreement of the parties, for two (2) additional one (1) year terms; and

 

WHEREAS, the Parks Department has recommended extension of the agreement with Hinck Electrical Contractor, Inc., for the Annual Traffic Signal Repair and Maintenance, now, therefore, be it

 

RESOLVED, that the Supervisor is hereby authorized and directed to execute an agreement renewing the Annual Traffic Signal Repair & Maintenance Contract with Hinck Electrical Contractor,Inc.,for a period of one (1) year to be effective from March 3, 2017 through March 2, 2018.

 

RESOLUTION:              2017-266

CATEGORY:                            Bids Accepted

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Authorize Change Order #1 - Mold Remediation at Town  Communications Building - RJ Painting, Inc.

 

WHEREAS, the Town Board solicited a bid for the Mold Remediation at Town Communications Building, Bid No. EH15-058 and awarded the Contract to RJ Painting, Inc. ("RJ") in the total amount of $15,369.50; and

 

WHEREAS, RJ completed the majority of the work but had to await the repair of certain leaks within the basement area which were repaired by the various cellular carriers occupying the space being remediated; and

 

WHEREAS, the carriers have completed all of the work required, but in the interim, additional damage has been caused as a result of rodents entering the attic areas and opening the space to further water intrusion, and

 

WHEREAS, due to the additional water intrusion, certain additional work is required to assure that the premises is made free of mold; and

 

WHEREAS, RJ has provided a proposal for the needed additional remediation work, at a estimated total cost of $6,982.00, as set forth in their proposal #50206 dated February 6, 2017; now, therefore, be it

 

RESOLVED, that Change Order #1 is hereby authorized in the amount of $6,982.00 for a total contract amount, as amended, of $22,351.50, such amount to be paid from budget account HA1620 52001 15081.

Financial Impact:

HA1620 52001 15081 - $6,982.00

 

 

RESOLUTION:              2017-267

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Approve Payment - Hamlet Study

 

WHEREAS, the Town Board retained Dodson & Flinker, Inc., in response to RFP EH2015-111 to prepare a Hamlet Study for the Town; and

 

WHEREAS, after approving Change Order #1 by Resolution #2016-1011, the total contract amount for such professional services is $303,350.00; and

 

WHEREAS, the Town made payments to Dodson & Flinker, Inc., totaling $7500.00 in 2015 and $199,661.89 in 2016 for work performed; in addition (2) 2016 invoices were received one in the amount of $29,260.00 and one in the amount of $5,150.00, for a total of $34,410.00; and

 

RESOLVED, that payment of Dodson & Flinker, Inc.'s additional invoices for 2016, in the amount of $29,260.00 and $5,150.00, for a total amount of $34,410.00 is hereby approved to be paid by a 2017 purchase order, from the 2017 Budget Account #B8021.54520 making the total paid to Dodson & Flinker, Inc. for 2016 work performed $234,071.89 leaving a sum of $69,279.11 available for work performed and to be performed in 2017

C.              COUNCILMAN OVERTON

 

RESOLUTION:              2017-268

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Attorney

9 Seabreeze LLC Grant of Scenic and Conservation Easement Schedule Public Hearing and Notice of Public Hearing

 

              Pursuant to Section 247 of the General Municipal Law and Chapter 16 of the Town Code, the Town Board of the Town of East Hampton will hold a public hearing in the Town Hall Meeting Room, 159 Pantigo Road, East Hampton, on Thursday, March 2, 2017 at 6:30 p.m. or as soon thereafter as the same may be heard, to hear comments of all persons wishing to be heard concerning the following grant of a scenic and conservation easement to the Town of East Hampton:

 

GRANTOR: 9 Seabreeze LLC

TYPE OF EASEMENT: Scenic and Conservation Easement

DATE OF EASEMENT: January 25, 2017

LOCATION:              9 Seabreeze Lane, Amagansett

                            SCTM #300-175-7-17

REVIEWING AGENCY:               Zoning Board of Appeals;

 

and be it

 

              FURTHER RESOLVED, that the Town Clerk is hereby directed to publish a Notice of Public Hearing in the February 23, 2017 edition of the East Hampton Star.

 

NOTICE OF PUBLIC HEARING

 

              PLEASE TAKE NOTICE that pursuant to Section 247 of the General Municipal Law of the State of New York and provisions of the East Hampton Town Code, the Town Board of the Town of East Hampton, New York, will hold a public hearing in the Town Hall Meeting Room, 159 Pantigo Road, East Hampton, New York, Thursday, March 2, 2017 at 6:30 p.m. or as soon thereafter as this matter may be heard, concerning the following grant of scenic and conservation easement to the Town of East Hampton:

 

GRANTOR: 9 Seabreeze LLC

TYPE OF EASEMENT: Scenic and Conservation Easement

DATE OF EASEMENT: January 25, 2017

LOCATION:              9 Seabreeze Lane, Amagansett

                            SCTM #300-175-7-17

REVIEWING AGENCY:               Zoning Board of Appeals

 

RESOLUTION:              2017-269

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Human Resources

Appoint Jennifer Salsedo Part Time Justice Court Clerk

 

RESOLVED, that Jennifer Salsedo be and is hereby appointed part time Justice Court Clerk in  Justice Court at an hourly salary of $22.924 for a 17.50 hour work week to be paid bi-weekly from Budget Account A1110-51200 upon properly submitted time records; said appointment is to take effect on February 21, 2017.

 

RESOLUTION:              2017-270

CATEGORY:                            Issue Check

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Clerk

Refund Parking Ticket - White

 

WHEREAS, the following individual has overpaid a parking ticket and/or the ticket has been dismissed, and

 

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

 

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

 

 

Mr. Edward J. White

1922 W. Highland St.

Allentown, PA  18104-3712

 

Summons #V2169767

Plate #JHJ7671

 

Amount to be refunded:  $40.00

 

RESOLUTION:              2017-271

CATEGORY:                            Urban Renewal Modification

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Attorney

Correction OF Resolution 2016-1197 Approving UR Modification Map MN-2 URP 65A and URP 65C

 

              WHEREAS, the Town Board adopted a Resolution after a public hearing to approve certain  modifications to the Town's Urban Renewal Plan, pursuant to Resolution 2016-1197; and

 

              WHEREAS, Resolution 2016-1197 contained an error in the description of the approved modification, and the purpose of this Resolution is to correct the same; now, therefore, be it

 

              RESOLVED, that Resolution 2016-1197 is hereby amended to correct the description of the approved modification, as hereafter set forth; and be it further

 

              RESOLVED, that Resolution 2016-1197, except as amended herein, is affirmed in all other respects.

 

              APPROVED MODIFICATION:

             

              Transfer a portion of Faber Street from URP 65A to URP 65C and Old Filed Map

              Lot#8, Block 41 from URP 65C to URP 65A. 

              URP 65A will be approx. 71,795 sq. ft. 

              URP 65C will be 42,087 sq. ft.

 

              URBAN RENEWAL PARCEL MAP MN-2  URP#65A                         

 

              TAX MAP NUMBER:                         District 0300, Section 28, Block 5 Lot 28.7   

              FILED MAP IDENT.:                            Map 1013, Block 40, Lots 8, 9 p/o Faun Street, and

                                                                      Block 41, Lot 8. 

             

              URBAN RENEWAL PARCEL MAP MN-2 URP#65C             

 

              TAX MAP NUMBER:                         District 0300, Section 28, Block 6 Lot 22.1

              FILED MAP IDENT.:                            Map 1013, Block 41, Lots 1, 2, 7 & p/o Faber Street

 

             

              CONDITION OF APPROVAL:              Large lot easement on UR Parcel 65A

 

and be it further

 

Dated:              February 16, 2017                                          BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF EAST HAMPTON

                                                                                    CAROLE BRENNAN

                                                                                    TOWN CLERK

 

RESOLUTION:              2017-272

CATEGORY:                            Amendment

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Clerk

Amend Reso. 2017-166 Attendance at Assoc. of Towns

 

RESOLVED, that resolution #2017-166 authorizing attendance at the NYS Association of Towns conference is hereby amended to substitute the name of Emily Bono in place of Keilyn Vasquez.

 

RESOLUTION:              2017-273

CATEGORY:                            Issue Check

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Clerk

Re-Purchase Ft. Hill Cemetery Plot - Muniz

 

              WHEREAS, Maria L. Muniz, the owner of cemetery plot 90 in section A of the Montauk Fort Hill Cemetery have requested to sell back the plot due to her relocating out of state; and

 

              WHEREAS, this plot is being offered to the Town for re-purchase, in the amount of $750.00; now, therefore be it

 

              RESOLVED, that the request of  Maria L. Muniz for the sale of the above stated plot of the Fort Hill Cemetery is hereby accepted; and, be it further

 

              RESOLVED, that the Town Supervisor is authorized to re-purchase the plot for the total 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 the appropriate Budget Account A8850.54573; and be it further

 

              RESOLVED, that the Town Clerk is requested to forward a copy of this resolution to John McDonald, Chairman of the Fort Hill Cemetery Board.

 

RESOLUTION:              2017-274

CATEGORY:                            Budget

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Bookkeeping

Budget Modification - Harbormaster

 

Whereas, the Harbormaster would like to better account for money spent on boat fuel for year end reporting purposes therefore making a specific boat fuel line practical, now therefore be it

 

Resolved, that the Budget Office is directed to make the following modification to the 2017 operating budget:

 

From A3125-54572 (Boat maintenance) $10,000 to A3125-54575 (Boat Fuel)

D.              SUPERVISOR CANTWELL

 

RESOLUTION:              2017-275

CATEGORY:                            Bond SEQRA

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

SEQRA Determination for Bond Resolution  for Acquisition of Replacement Truck for Marine Patrol

 

WHEREAS, the Town Board has before it for consideration on February 16, 2017, a Bond Resolution for the funding of the purchase of a replacement truck for the East Hampton Town Marine Patrol; and

WHEREAS, the proposed project is deemed Type II action under the New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617.5 and Chapter 128 of the Town Code; now therefore be it

RESOLVED, that the Town Board finds that the above referenced purchase of a replacement truck for the Marine Patrol is classified as Type II Actions under SEQRA pursuant to 6 NYCRR Part 617.5 and Town Code Chapter 128, and as such, no further environmental review of the proposed projects are required.

 

RESOLUTION:              2017-276

CATEGORY:                            Bond

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Clerk

BOND - $37,000 Marine Patrol Vehicle

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED FEBRUARY 16, 2017, AUTHORIZING THE ACQUISITION OF A MARINE PATROL VEHICLE FOR USE BY THE TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $37,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE AND AUTHORIZING THE ISSUANCE OF BONDS OF THE TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $37,000 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 acquire a marine patrol vehicle for use by the Town.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $37,000 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 $37,000 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 General Fund - Townwide, as determined by the Town Board.

 

Section 2.  Bonds of the Town in the principal amount of not to exceed $37,000 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 period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 77 of the Law, is three (3) years.

 

Section 4.  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.

 

Section 5.  The proposed maturity of the bonds authorized by this resolution will not exceed five years.

 

Section 6.  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 7.  Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance 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 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 the powers and duties relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.

 

Section 8.  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 9.  This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The East Hampton Star," which is hereby designated the official newspaper of the Town for such publication.

 

RESOLUTION:              2017-277

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Authorize Supervisor to Execute Contract with Chief of Police

 

WHEREAS, Michael Sarlo was appointed Chief of Police effective December 28, 2013; and

 

WHEREAS, the contract between the Town of East Hampton and Chief Sarlo expired December 31, 2016; and,

 

WHEREAS, the Town and Chief Sarlo are desirous of continuing his service as Chief of the Town Police and have met and agreed to terms and conditions of continued service and employment; now therefore be it

 

RESOLVED, that the Supervisor is hereby authorized and directed to enter into an employment contract with Chief Michael Sarlo for a term ending on December 31, 2020.   

 

RESOLUTION:              2017-278

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Police Department

Police Dept. NYTOA Tactical Training Request

 

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

 

RESOLVED, that Sgts. Barry Johnson, Brad Rozzi, and Police Officer Arthur Scalzo, are hereby authorized to attend the NYTOA Tactical Training Conference sponsored by NYTOA to be held at the Turning Stone Conference Center in Verona, NY from April 24, 2017 through April 27, 2017; and be it further

 

RESOLVED, that  Registration Fees, fuel, tolls and all other allowable expenses will be paid from Budget Account B3120.54231 upon voucher(s) properly submitted in an amount not to exceed $2,500.00. 

Financial Impact:

2500.00

 

 

RESOLUTION:              2017-279

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Approve Pictometry International Corp. Subject to Funding Authorization

 

WHEREAS, the Town requires professional services to provide software for neighborhood imagery to the Department of Information Technology, which will enhance the functionality of the Town's GIS system; and

 

WHEREAS, Pictometry International Corp. ("Pictometry") has submitted a proposal to the Town and the Department of Information Technology has reviewed the same and recommended the Town retain Pictometry to provide such services; and

 

WHEREAS, Pictometry proposes to provide services at a cost not to exceed $74,190.00; and

 

WHEREAS, the Town is interested in retaining Pictometry to provide such services provided the Town Board is able to allocate funding for the same; now, therefore, be it

 

RESOLVED, that subject to the subsequent allocation of funding for these services, the Supervisor is thereafter authorized to enter into an agreement with Pictometry International Corp. for the provision of software and support for neighborhood imagery for the Town's Geographical Information System, at a cost not to exceed $74,190.00, such sum to be paid from the appropriate budget account as hereafter determined.  

 

RESOLUTION:              2017-280

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Human Resources

Termination of Probationary Employee

 

              WHEREAS, Robert Rafferty is employed by the Town as a probationary Senior Building Inspector; and

 

              WHEREAS, the Town has decided to terminate Mr. Rafferty's probationary employment with the Town in accordance with applicable Civil Service Law and rules; now, therefore, be it

 

RESOLVED, that Mr. Rafferty's probationary employment with the Town is hereby terminated, effective February 22, 2017; and, be it further

 

RESOLVED, that Mr. Rafferty shall be placed on a paid administrative leave, from and including February 13, 2017 until the effective date of his termination on February 22, 2017.

 

RESOLUTION:              2017-281

CATEGORY:                            Amendment

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Human Resources

Amend Resolution for 2017-218 Requesting Unpaid Leave of Absence

 

WHEREAS, Christie Fanti was granted an unpaid leave of absence to begin on February 12, 2017 on Resolution 2017-218 and now be it

 

RESOLVED, that Christie Fanti be permitted to use her available accrued time of 16.75 hours of vacation time (carried forward from 2016) and 86.63 hours of compensation time for a total of 103.38 hours or 12.92 days of paid time off effective retroactive to February 12, 2017.

 

RESOLUTION:              2017-282

CATEGORY:                            Issue Check

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Issue Check - Refund of Curfew Fine - Thomas Lee, Co.

 

WHEREAS, on October 31, 2016 Thomas Lee, Co. entered a plea of guilty to a violation of section 75-38(c) the Code of the Town of East Hampton (airport curfew violation), and paid a fine of $500.

 

WHEREAS, on November 4, 2016 the United States Court of Appeals of the Second Circuit invalidated section 75-38(c) of Code of the Town of East Hampton,

 

WHEREAS, on December 12, 2016, Thomas Lee, Co. withdrew their plea of guilty and the charges were dismissed,

 

WHEREAS, Thomas Lee, Co. has requested a refund of such payment which the Justice Court has deemed proper; now, therefore, be it

 

RESOLVED, that the Bookkeeper is hereby authorized to issue a refund check in the amount specified to the individual on the list set forth below:

 

Name and Address                             Amount                 Court Docket Number

 

Thomas Lee, Co.                             $500.00                    16090658

767 Fifth Avenue, 6th Floor

New York, NY  10029 

 

RESOLUTION:              2017-283

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Board

Adopt Town of East Hampton Climate Action Plan into the Town Comprehensive Plan

 

WHEREAS, the Town of East Hampton believes that climate change poses a real and increasing threat to our local and global environments and that it is primarily due to the burning of fossil fuels; and

 

WHEREAS, the Town of East Hampton adopted the Climate Smart Community Pledge in 2009 and 2010; and

 

WHEREAS, the Town of East Hampton adopted transformative and innovative energy goals; and

 

WHEREAS, the Town of East Hampton drafted a Climate Action Plan and presented it to the Town Board on October 20, 2015; and

 

WHEREAS, the Town of East Hampton understands this document is a living document and will be updated based on new local, regional, state, and national initiatives and projects; and

 

WHEREAS, the Town of East Hampton adopted the Climate Action Plan and authorized the Department of Natural Resources to submit said Climate Action Plan to the New York State Department of Environmental Conservation and authorized the Department to complete the certification process as part of the Climate Smart Community Program; and

 

WHEREAS, the East Hampton Town Planning Board reviewed the Climate Action Plan at their December 14, 2016 work session meeting and commended the Town Board and the Energy Sustainability Committee on its work on this proactive policy and fully supported its adoption into the East Hampton Town Comprehensive Plan; now therefore be it

 

WHEREAS, the adoption of the proposed Plan is an unlisted action pursuant to the New York State Environmental Quality Review Act (SEQRA) and Chapter 128 of the Town Code, and an Environmental Assessment has been prepared with regard to the same, which indicates that the proposed action will have no significant adverse impacts to the environment; now therefore be it

 

RESOLVED, that a determination is hereby made that the adoption of the proposed Plan will have no significant adverse environmental impacts and a Negative Declaration is hereby made by this Board; and be it further

 

RESOLVED, that the that the Town of East Hampton adopts the Climate Action Plan into the East Hampton Town comprehensive Plan.

E.              ADDITIONAL RESOLUTIONS

 

RESOLUTION:              2017-284

CATEGORY:                            Local Law

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Adopt Local Law Amending Chapter 102 (Building Construction) to Adopt HERS Rating Energy Conservation Requirements

 

WHEREAS, the Town Board held a public hearing on February 16, 2017, regarding a “LOCAL LAW amending Chapter 102 (Building Construction) to adopt HERS Rating Energy Conservation Requirements"; and

 

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

 

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

 

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

 

LOCAL LAW NO.    of 2017

Intro. #   of 2017

 

“A LOCAL LAW amending Chapter 102 (Building Construction) to adopt HERS Rating Energy Conservation Requirements".

 

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

 

SECTION 1. Legislative Intent.

This legislation is intended to adopt a Home Energy Rating System requirements for all new construction and substantial reconstruction within the Town in order to reduce energy usage and provide for more efficient home construction standards.  

SECTION 2. Amendment.

Chapter 102 (Building Construction), Section 102-24 (East Hampton Town Energy Savings Program) of the East Hampton Town Code is hereby amended by deleting the section in its entirety and adding the underlined words in a new Section 102-24 (East Hampton Town Energy Savings Program) as follows:

Chapter 102: Building Construction

§102-24 East Hampton Town Energy Savings Program.

A. Effective June 1, 2017, any newly built or substantially reconstructed subject dwelling shall be rated by an independent, Residential Energy Services Network (RESNET) certified home energy rating system (HERS) rater, following the protocol set out by RESNET, including all required reviews and diagnostic tests, including combustion safety tests. The HERS rater must attest that the home was rated to the HERS index prescribed below and passed all combustion safety tests, prior to the issuance of a certificate of occupancy.

(1) Dwellings with up to 4,500 square feet of conditioned space shall achieve a minimum home energy rating index of 54 or less.

(2) Dwellings with over 4,500 square feet of conditioned space shall achieve a minimum home energy rating index of 35 or less.

B. Effective June 1, 2017, prior to the issuance of a building permit for any new or substantially reconstructed subject dwelling, the applicant shall submit a certificate from a certified home energy rating system (HERS) rater that the house design has received the necessary tentative home energy rating index, per Subsection A, based on a review of the plans and specifications.

C. The owner of a structure may apply for a waiver from the requirements of this section on the basis that the structure is of historic significance. The owner seeking a waiver shall make application to the Town Architectural Review Board for such waiver. The Architectural Review Board shall grant the application for the waiver if the applicant shall demonstrate that meeting the requirements of this section would have an adverse impact on the historical nature of the structure, and there are no practicable alternatives that would allow the applicant to comply with the requirements of this section and maintain the historical significance of the structure.

D. The owner of a structure or proposed structure may apply for a downgraded home energy rating requirement by written application to the Principal Building Inspector on the basis that there exists practicable difficulties specific to the site, construction or design elements encountered in the course of design or construction. Upon receipt of the written request, the Principal Building Inspector shall determine whether there is a showing of need for relief from strict compliance to the standards enumerated in Subsection A above. In determining the conduciveness of a property and practicable difficulties, the Principal Building Inspector shall consider the following factors: the location and condition of any existing structure or structures, the size of the lot, the topography of the lot, the existence and extent of clearing restrictions on the property, the proximity of trees and shade on the lot, lot coverage restrictions on the property and such other and further factors or conditions that exist at the property that may impact strict compliance with the standards enumerated in Subsection A above. If the Principal Building Inspector determines that a waiver is appropriate, the property owner shall provide a practicable plan for alternative methods of energy conservation conducive for the location or make a showing that there are no practicable energy conservation systems conducive to the location. Upon receipt of the property owner's plan, the Principal Building inspector shall grant a waiver, in writing, from the requirements of this section, conditioned upon the implementation of the alternative methods proposed by the owner or such other practicable conditions as required by the Principal Building Inspector.

SECTION 3. Amendment.

Chapter 102 (Building Construction of the East Hampton Town Code is hereby amended by adding the underlined words in a new Section 102-24A (Appeal of Principal Building Inspector's determination.) and new Section 102-24B (Definitions.) as follows:

Chapter 102: Building Construction

§ 102-24A. Appeal of Principal Building Inspector's determination. 

Any applicant aggrieved by a decision made by the Principal Building Inspector under § 102-24 above may appeal such decision, denial, condition, or waiver of the Principal Building Inspector by filing a written petition, along with a fee in an amount as set by resolution of the East Hampton Town Board, in the office of the Town Clerk for review to the Energy Conservation Administrative Appeals Board (hereinafter referred to as "ECAAB"). The ECAAB shall be comprised of the following persons: (1) Environmental Protection Director; (2) Town Engineer; (3) Chair of the Zoning Board of Appeals. The ECAAB shall meet to review the petition within two weeks of receipt thereof and may hold hearings upon seven days' notice by certified mail to the applicant or his agent, at the address included in the petition. The ECAAB may conduct field visits and obtain additional information deemed necessary in rendering its decision. The ECAAB shall have the authority to hire independent consultants at its sole discretion to help it render a decision by undertaking actions including but not limited to review of plans, conduction of site testing, and modeling of proposed plans. The ECAAB may require an applicant to pay the costs incurred by the ECAAB for all independent consulting services it may reasonably seek to engage, including but not limited to engineering, planning, legal and clerical costs incurred in processing and review of an application. Upon completion of the review of the appeal or the close of the public hearing, the ECAAB shall issue a decision in writing and state the reasons and attendant conditions of its decision. A decision shall be issued within 45 days of the end of the hearing or completion of review.

§102-24B. Definitions.

For the purposes of §102-24 and §102-24A, the following words and terms shall have the following meanings:

SOLAR HEATING SYSTEM

Usually panels or coils of plastic or metal through which water passes to increase the temperature by using the sun's radiant energy.

SUBJECT DWELLING

Any one- or two- family dwelling or multifamily dwelling (including townhouses) not more than three stories in height, with a separate means of egress for each dwelling, a minimum of one heating facility for each four dwelling units, and a separate primary electric meter for each dwelling unit.

SUBSTANTIAL RECONSTRUCTION

Construction that includes the removal and replacement of the ceiling, interior finishes of a dwelling which expose the exterior framing, and more than 50% of any windows, exterior doors, or HVAC building system.

SECTION 4. Authority.                                                                                                                              

The proposed local law is enacted pursuant to Municipal Home Rule Law §                                         

SECTION 5.  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 6. Effective Date.

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