East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

East Hampton Town Board meeting of May 18, 2017
East Hampton, New York

 

 

I.              Call to Order

6:30 PM Meeting called to order on May 18, 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.              Kim SPH NPH CPF Acquisition

2.              Notice of Public Hearing to Consider Adopting a Management Plan as Recommended by the Town's Nature Preserve Committee for the "Robert T. Olson Preserve" Located at 76 and 78 Squaw Road, in the Unincorporated Hamlet of Springs

3.              Notice of Public Hearing for Lease of Airport Premises to HTO, E. Hampton Distr. L.L.C.

4.              Resolution Setting a Public Hearing to Consider the Addition of "Chapter 2:  Access to Public Records" to the East Hampton Town Code to Adopt Guidelines to Access Public Records Within the Town of East Hampton

5.              Set PH to Consider Amending Chapter 226 to Include TNC Information

III.              Public Portion

IV.              Resolutions

A.              COUNCILWOMAN BURKE-GONZALEZ

 

RESOLUTION:              2017-566

CATEGORY:                            Warrant Approval

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

5B Warrant- Approval of Claims $2,817,730.14 5B Utility $28,701.11

 

RESOLVED, that Claims on Warrant No. 5B/2017, in the amount of $2,817,730.14 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. 5B/2017, in the amount of $28,701.11 Were audited by the Town Board and the Supervisor is hereby directed to pay same.

 

RESOLUTION:              2017-567

CATEGORY:                            Bond SEQRA

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

SEQRA Determination - Bond for Funding of Capital Improvement Replacing Precision Approach Path Indicator (PAPI) and Runway End Identifier Lights (REILs) East Hampton Town Airport, Wainscott.

 

WHEREAS, the Town Board has before it for consideration on May 4, 2017 a Bond Resolution for the funding of a capital project for the replacement of an inoperable Precision Approach Path Indicator (PAPI) and Runway End Identifier Lights (REILs) at the Town's municipal airport at Daniels Hole Road, Wainscott; and

 

WHEREAS, the capital project is deemed to be Type II action under the regulations enacted under the New York State Environmental Quality Review Act (SEQRA) and Chapter 128 of the Town Code; now, therefore be it

 

RESOLVED, that the Town Board finds the replacement of the inoperable Precision Approach Path Indicator (PAPI) and Runway End Identifier Lights (REILs) at the Town's municipal airport at Daniels Hole Road, Wainscott is a Type II action under SEQRA and Chapter 128 of the Town Code, and as such no environmental analysis of the proposed project is required.

 

RESOLUTION:              2017-568

CATEGORY:                            Bond SEQRA

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

SEQRA Determination - Bonds for Various Purposes

 

WHEREAS, the Town Board has before it for consideration on May 18, 2017 various Bond Resolutions for the funding of various capital projects that are deemed to be Type II actions under the regulations enacted under the New York State Environmental Quality Review Act (SEQRA) and Chapter 128 of the Town Code; now, therefore be it

 

RESOLVED, that the Town Board finds the following projects for the departments listed are classified as Type II actions under SEQRA and Chapter 128 of the Town Code, and as such no environmental analysis of the proposed projects are required:

 

              Building/Grounds/Recreation:

                            Window replacement - Police Dept.;

                            Buildings and Grounds Improvements - Old Town Hall Building;

                            Repairs for ADA compliance - Town Buildings.

 

              Information Technology:

                            Core License Server Upgrade Project.

             

              Aquaculture:

                            New Floors fo Aquaculture Facility;

                            Aquaculture Building Waterproofing for Mold Control

 

              Police:

                            Computer Equipment and Hardware Upgrades;

                            Replace Carpeting - EHPD Building;

                            Equipment for Field Use and Storage;

                            Map and Survey Cell Towers - Wainscott & Montauk;

                            ESU.             

 

              Engineer:

                            Accabonac Sidewalk.

 

              Marine/Harbormaster:

                            Floor Replacement - Gann Road Building.

 

              Human Services:

                            Human Services Bus;

                            Human Services Car.

 

RESOLUTION:              2017-569

CATEGORY:                            Bond

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

BOND - $155,000 Airport Equipment

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED MAY 18, 2017, AUTHORIZING THE ACQUISITION AND INSTALLATION OF NEW PRECISION APPROACH PATH INDICATOR AND RUNWAY END IDENTIFIER LIGHT SYSTEMS AT THE EAST HAMPTON AIRPORT, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $155,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $155,000 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 and install new Precision Approach Path Indicator and Runway End Identifier Light systems at the East Hampton Airport.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $155,000 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 $155,000 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 $155,000 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. 14 of the Law, is ten (10) 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 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 of the Law 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 is subject to a permissive referendum and the Town Clerk of said Town of East Hampton is hereby authorized and directed to cause to be published, in full, within ten (10) days after the adoption of this resolution, in "The East Hampton Star" which is 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:

 

LEGAL NOTICE

TOWN OF EAST HAMPTON, NEW YORK

 

PLEASE TAKE NOTICE that on May 18, 2017, the Town Board of the Town of East Hampton, in the County of Suffolk, New York, adopted a bond resolution entitled:

"Bond Resolution of the Town of East Hampton, Suffolk County, New York, adopted May 18, 2017, authorizing the acquisition and installation of new Precision Approach Path Indicator and Runway End Identifier Light systems at the East Hampton Airport, stating the estimated maximum cost thereof is $155,000, appropriating said amount for such purpose and authorizing the issuance of bonds in the principal amount of not to exceed $155,000 to finance said appropriation" an abstract of such bond resolution, concisely stating the purpose and effect thereof, being as follows:

 

FIRST:  AUTHORIZING the acquisition and installation of new Precision Approach Path Indicator and Runway End Identifier Light systems at the East Hampton Airport; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $155,000; 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 $155,000 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 not to exceed $155,000 bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation;

 

THIRD:  DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said 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 $155,000 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, and the renewals thereof, and other related powers; and

 

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

 

DATED: May 18, 2017

  CAROLE A. BRENNAN

Town Clerk

 

Section 10.  The Town Clerk is hereby directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the newspaper(s) referred to in Section 9 hereof, and hereby designated the official newspaper(s) for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York.

 

RESOLUTION:              2017-570

CATEGORY:                            Public Notice

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

Schedule Special Meeting 06/02/2017 at 10:00 AM

 

RESOLVED, that a special meeting is hereby scheduled to be held on Friday, June 2, 2017 at 10:00 a.m. in the Town Hall Meeting Room, Town Hall, 159 Pantigo Road, East Hampton, NY, for the purpose of Hamlet Study Presentations.    

 

RESOLUTION:              2017-571

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Resolution Authorizing Survey and Form Submission to the FAA for 39 Industrial Road

 

WHEREAS, the Town has submitted a Request for the Written Release (Request) for the property at 39 Industrial Road, if this Request is approved, the Town would dispose of the Parcels by sale to the current tenants; and

 

WHEREAS, as part of the Request process the Town is in need of a survey on 39 Industrial Road to complete an application Form 7460 to the FAA for further consideration of the release of the parcel; and

 

WHEREAS, the Town solicited two estimates for surveys to be drawn marking ground elevations on the two buildings located on the lot; and

 

WHEREAS, the estimate by L.K. McLean Associates, P.C. included the survey and the submission of Form 7460 directly to the FAA meeting all required specifications in the amount of $3,200 dollars; now therefore be it

 

RESOLVED, that the Town hereby accepts the estimate of L.K. McLean Associates, P.C. for the completion of the survey and submission of the Form 7460 to the FAA for 39 Industrial Road, and be it further

 

RESOLVED, that the Supervisor is hereby authorized to execute an agreement with L.K. McLean Associates, P.C. to perform the survey and Form submission in the amount not to exceed $3,200 dollars and where funds will be allocated from the outside professional line SX5610-5420.

 

RESOLUTION:              2017-572

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Retain Morrison Foerster as Outside Counsel  on Certain Airport Issues Relating to a Part 161 Study

 

WHEREAS, in its capacity as proprietor and operator of the East Hampton Airport, the Town Board has a public policy responsibility to protect residents from the adverse effects of aircraft noise; and

 

WHEREAS, the Town Board adopted three local laws restricting the use of the Airport in an effort to address noise disturbance which have since been enjoined by the Second Circuit Court of Appeals in the case of Friends of the East Hampton Airport vs. The Town of East Hampton; and

 

WHEREAS, local governments know what is right for their community and should have the ability to make local decisions to protect the welfare of its residents and therefore, it is critical that the Town regain local control of its Airport; and,

 

WHEREAS, the Town has filed a cert petition with the United States Supreme Court and is awaiting a decision whether the case will be granted review; and, 

 

WHEREAS, the Town wishes to exhaust all options to protect residents from excessive aircraft noise including pursuing a noise control ordinance through the Federal Aviation Administration (FAA) Part 161 process under the Airport Noise and Capacity Act of 1990 (“ANCA”); and,

 

WHEREAS, Morrison & Foerster has unique experience and expertise in advising publicly-owned airports on protecting residents from aircraft noise, garnered over decades of devising and defending a variety of such noise mitigation measures; and,

 

RESOLVED, that the firm of Morrison Foerster is hereby retained to provide legal services to the Town; and,

 

RESOLVED, that legal fees and expenses shall not exceed $50,000, with any further expenditures to be subject to review and approval of the Town Board; and,

 

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

 

RESOLVED, that said legal fees shall be paid out of budget line SX5610-54520 Airport - Outside Professional in an amount not to exceed $50,000. 

 

RESOLUTION:              2017-573

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Bookkeeping

Budget Modification - Airport

 

Resolved, at the request of the Airport Director the Budget Office is directed to make the following modification to the 2017 Airport budget to provide funding for runway marking painting, repair of taxiway/runway lights, and signage:

 

From SX5610-51990 (Contingency Airport) $37,000 to SX5610-54500 (Subcontractor)

B.              COUNCILMAN VAN SCOYOC

 

RESOLUTION:              2017-574

CATEGORY:                            Bond

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Clerk

BOND - $60,000 Sidewalk Improvements

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED MAY 18, 2017, AUTHORIZING THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $60,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $60,000 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 construct sidewalk improvements.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $60,000 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 $60,000 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 $60,000 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. 24 of the Law, is ten (10) 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 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 of the Law 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 is subject to a permissive referendum and the Town Clerk of said Town of East Hampton is hereby authorized and directed to cause to be published, in full, within ten (10) days after the adoption of this resolution, in “The East Hampton Star” which is 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:

LEGAL NOTICE

TOWN OF EAST HAMPTON, NEW YORK

PLEASE TAKE NOTICE that on May 18, 2017, the Town Board of the Town of East Hampton, in the County of Suffolk, New York, adopted a bond resolution entitled:

“Bond Resolution of the Town of East Hampton, Suffolk County, New York, adopted May 18, 2017, authorizing the construction of sidewalk improvements, stating the estimated maximum cost thereof is $60,000, appropriating said amount for such purpose and authorizing the issuance of bonds in the principal amount of not to exceed $60,000 to finance said appropriation”

an abstract of such bond resolution, concisely stating the purpose and effect thereof, being as follows:

FIRST:  AUTHORIZING the construction of sidewalk improvements; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $60,000; 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 $60,000 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 General Fund - Townwide, as determined by the Town Board;

SECOND:  AUTHORIZING the issuance of bonds of the Town in the principal amount of not to exceed $60,000 pursuant to the Local Finance Law of the State of New York (the “Law”) to finance said appropriation;

THIRD:  DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said 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 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, and the renewals thereof, and other related powers; and

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

DATED: May 18, 2017

  CAROLE A. BRENNAN
Town Clerk

Section 10.  The Town Clerk is hereby directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the newspaper(s) referred to in Section 9 hereof, and hereby designated the official newspaper(s) for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York.

 

RESOLUTION:              2017-575

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Set PH to Consider Amending Chapter 226 to Include TNC Information

 

BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on June 15, 2017 at 6:30 p.m., at East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW amending Chapter 226 (Taxicabs and Vehicles for Hire) to include information regarding Transportation Network Companies.”

 

LOCAL LAW No.  __ of 2017

Introductory No. 14__ of 2017

 

LOCAL LAW amending Chapter 226 (Taxicabs and Vehicles for Hire) to include information regarding Transportation Network Companies.

 

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

 

SECTION 1.              Legislative Intent.

This legislation is intended to include information regarding Transportation Network Companies - e-hail ride services - in the Town Code so that the Code can continue to be enforced.

 

SECTION 2. Amendment

Chapter 226 (Taxicabs and Vehicles for Hire) Article 2 (Definitions) of the East Hampton Town Code is hereby amended to add the underlined words, and in proper alphabetic order, add the underlined terms and definitions as follows:

 

TAXICAB

Any motor vehicle engaged in the business of transporting persons for hire, except:

A.               Private vehicles not engaged in the business of transportation for hire;

B.               Vehicles subject to the provisions of the Public Service Law or Transportation Corporations Law;

C.                Vehicles under an express written contract to provide transportation for weddings, funerals, or similar functions;

D.              Vehicles engaged in the transportation of hotel guests and employees only;

E.               Vehicles for hire engaged in transportation from a point within the Town to a point outside the Town, or from a point outside the Town to a point within the Town, or from a point outside the Town, through the Town, and to a point beyond the Town;

F.                Club vehicles engaged in the transportation of club members only; and

G.                Vehicles for hire engaged in transportation upon a defined route under a franchise agreement therefor from the Town of East Hampton during specified hours of operation.

H.              A TNC Vehicle as defined under Article 44-B of the New York State Vehicle and Traffic Law.

TNC

As defined under Article 44-B of the New York State Vehicle and Traffic Law. A Transportation Network Company licensed pursuant to New York State Vehicle and Traffic law Article 44-B operating in New York State exclusively using a digital network to connect transportation network company passengers to transportation network company drivers who provide transportation network company prearranged trips.

TNC Driver

As defined under Article 44-B of the New York State Vehicle and Traffic Law. An individual permitted by a TNC to use a TNC vehicle to offer or provide a TNC prearranged trip to TNC passengers upon connection through a digital network controlled by a TNC in exchange for compensation or payment of a fee, as authorized under Article 44-B of the New York State Vehicle and Traffic Law. May not solicit or accept street hails.  May not accept cash payments from passengers.

TNC Passenger

As defined under Article 44-B of the New York State Vehicle and Traffic Law. A person or persons who use a TNC’s digital network to connect with a TNC driver who provides TNC prearranged trips to the passenger in the TNC vehicle between points chosen by the passenger.

TNC Prearranged Trip

 

As defined under Article 44-B of the New York State Vehicle and Traffic Law. Provisions of transportation by a TNC driver to a passenger provided through the use of a TNC’s digital network. Does not include the use of a taxicab as defined above. Does not include street hails.

TNC Vehicle

As defined under Article 44-B of the New York State Vehicle and Traffic Law. A vehicle that is used by a TNC driver to provide a TNC prearranged trip as authorized by Article 44-B of the New York State Vehicle and Traffic Law. Does not include a taxicab as defined above.

 

SECTION 3. Amendment

Chapter 226 (Taxicabs and Vehicles for Hire) Article 3 (Business License) of the East Hampton Town Code is hereby amended to add the underlined words as follows:

 

It shall be unlawful for any person to engage in the business of transporting people for hire by taxicab, from point to point within the confines of the Town of East Hampton, without having first obtained a license to conduct such business from the Town Clerk.  It shall be unlawful for any person to engage in the business of transporting people as a TNC from point to point within the confines of the Town of East Hampton, unless fully compliant with the provisions of New York State Vehicle and Traffic Law Article 44-B.

 

SECTION 4. Amendment

Chapter 226 (Taxicabs and Vehicles for Hire) Article 4 (Taxicab License) of the East Hampton Town Code is hereby amended to add the underlined words as follows:

 

It shall be unlawful for any person to operate or permit to be operated a taxicab, from point to point within the confines of the Town of East Hampton, without having first obtained therefor a taxicab license from the Town Clerk. All taxicabs licensed by the Town of East Hampton shall have livery, TLC, T- or taxicab license plates as issued by the New York State Department of Motor Vehicles. It shall be unlawful for any person to operate a TNC vehicle, from point to point within the confines of the Town of East Hampton, unless fully compliant with the provisions of New York State Vehicle and Traffic Law Article 44-B.

 

SECTION 5. Amendment

Chapter 226 (Taxicabs and Vehicles for Hire) Article 5 (Taxicab Driver’s License) of the East Hampton Town Code is hereby amended to add the underlined words as follows:

 

It shall be unlawful for any person to drive or operate or, as an owner, to allow any person to drive or operate a taxicab or other motor vehicle engaged in transportation of persons, for hire, from point to point within the confines of the Town of East Hampton, without having first obtained a taxicab driver's license to drive or operate such a taxicab from the Town Clerk. . It shall be unlawful for any person to operate as a TNC driver, from point to point within the confines of the Town of East Hampton, unless fully compliant with the provisions of New York State Vehicle and Traffic Law Article 44-B.

 

SECTION 6. Amendment

Chapter 226 (Taxicabs and Vehicles for Hire) Article 10 (Duties of owners) of the East Hampton Town Code is hereby amended to remove all provisions crossed out as follows:

 

A.              It shall be the duty of every owner of a taxicab subject to the provisions of this chapter to, and it shall be a violation of this chapter for failing to comply with, the following:

(1)              Inspect and repair all damage or malfunction to or in the taxicab each week. All said repairs and maintenance to the taxicab shall not be made while the vehicle is on the public street, public way or public place.

(2)              Not allow the taxicab to be used in business if not in proper working condition.

(3)              Equip and maintain each taxicab with:

(a)               All-season tires or snow tires when there is snow or ice on the streets.

(b)              Interior lights, under the control of the driver, which shall fully illuminate the passenger area when a passenger is boarding or alighting from the vehicle.

(c)              Vehicle identification. The exact name and telephone number of the business license under which the taxicab is being operated, and the car or vehicle number, shall be conspicuously lettered on each longitudinal side of the exterior of the vehicle in letters at least five inches in height.

(4)              Not allow any unlicensed taxicab driver or other unauthorized person to operate the taxicab, and not lease, assign, or otherwise transfer his or her taxicab license nor enter into an arrangement with a taxicab driver (licensed under § 226-5) whereby the taxicab business provides a taxicab license (pursuant to § 226-4) to the driver for compensation. The transfer of ownership of a vehicle from a driver to the business that employs such driver shall be presumptive evidence of a prohibited arrangement.

(5)              Maintain the driver's fare record, which has been delivered to the owner, for a period of one year. If the driver fails to deliver the fare record to the owner, the owner shall request the record from the driver and, if still not delivered, shall inform the Town Clerk of the driver's failure to provide the fare record. The owner shall make such record available to the Town Clerk (or her designee) immediately upon demand.

(6)              Report to the Town Clerk the loss or the theft of the taxicab license, in writing, within 24 hours.

(7)              Conspicuously and securely post and maintain a fare schedule within the taxicab and forward a copy thereof to the Town Clerk.

(8)              Maintain a physical business office within the Town of East Hampton with a proper certificate of occupancy for the taxicab business office required by § 226-3D.

(9)              Ensure that the identification stickers issued under § 226-4 are both properly affixed to the vehicle for which it was issued. Upon expiration, upon sale of the vehicle, or in the event the vehicle is no longer in compliance with any and all of the provisions of Chapter 226, such stickers must be removed immediately and returned to the Town Clerk, within 72 hours.

(10)              Maintain the taxicab in the same condition as existed when the original application for the taxicab license was obtained, including, but not limited to maintaining the same livery, TLC, T- or taxicab license plates as issued by the New York State Department of Motor Vehicles. Should the vehicle be altered in any manner that differs from the information provided in the application under § 226-4, such information must be updated with the Town Clerk in writing within 24 hours. If such change makes the vehicle inapplicable to be operated as a taxicab under Chapter 226, all identification stickers must be removed immediately.

B.              The provisions of Subdivision 50 of Section 375 of the Vehicle and Traffic Law are not applicable to taxicabs registered or licensed by the Town of East Hampton.

C.              No vehicle for hire shall be parked on any public road in the unincorporated hamlet of Montauk except when actively dropping off or picking up a fare between the hours of 9 p.m. and 6 a.m. the immediately following day.  Between the hours of 6 a.m and 9 p.m, no vehicle for hire shall be parked on any public road in the unincorporated hamlet of Montauk for more than 15 minutes, except when actively dropping off or picking up a fare.   For the purposes of this subdivision, the unincorporated hamlet of Montauk shall consist of all those areas located within the Montauk School District.

D.              No vehicle for hire shall be parked in the public Kirk Park Parking Lot in Montauk except when actively dropping off or picking up a fare.

E.              No vehicle for hire shall be parked in the public parking lot at 84 S. Euclid Avenue Montauk, Suffolk County Tax Map #300-49-1-18, except when actively dropping off or picking up a fare.

 

 

SECTION 7. - Authority.

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

 

SECTION 8. - Severability.

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

 

SECTION 9. - 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

 

              PLEASE TAKE NOTICE that a public hearing shall be held on June 15, 2017 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 entitled: “A LOCAL LAW amending Chapter 226 (Taxicabs and Vehicles for Hire) to include information regarding Transportation Network Companies.”

 

Summary of Proposed Law

Intro # 14

 

This proposed local law will include information regarding Transportation Network Companies - e-hail ride services - in the Town Code so that the Code can continue to be enforced.

 

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

 

RESOLUTION:              2017-576

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Set PH to Consider Amending Chapter 240 to Apply Parking to Taxis and TNCs

 

BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on June 15, 2017 at 6:30 p.m., at East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW amending Chapter 240 (Vehicles and Traffic) to apply parking restrictions to both Taxis and TNCs.”

 

LOCAL LAW No.  __ of 2017

Introductory No. 15__ of 2017

 

LOCAL LAW amending Chapter 240 (Vehicles and Traffic) to apply parking restrictions to both Taxis and TNCs.

 

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

 

SECTION 1.              Legislative Intent.

This legislation is intended to extend current parking restrictions imposed upon Taxicabs to Transportation Network Company Vehicles - e-hail ride service vehicles - for conformity.

 

SECTION 2. Amendment

Chapter 240 (Vehicles and Traffic) of the East Hampton Town Code is hereby amended to add a new Article 18C (Parking of Taxicabs and TNC Vehicles Prohibited certain hours) by adding the underlined words as follows:

 

§ 240-18C. Parking of Taxicabs and TNC Vehicles prohibited certain hours.

A.              No taxicab or TNC vehicle shall be parked on any public road in the unincorporated hamlet of Montauk except when actively dropping off or picking up a fare between the hours of 9 p.m. and 6 a.m. the immediately following day. Between the hours of 6 a.m and 9 p.m, no taxicab or TNC vehicle shall be parked on any public road in the unincorporated hamlet of Montauk for more than 15 minutes, except when actively dropping off or picking up a fare. For the purposes of this subdivision, the unincorporated hamlet of Montauk shall consist of all those areas located within the Montauk School District.

B              No taxicab or TNC vehicle shall be parked in the public Kirk Park Parking Lot in Montauk except when actively dropping off or picking up a fare.

C.              No taxicab or TNC vehicle shall be parked in the public parking lot at 84 S. Euclid Avenue Montauk, Suffolk County Tax Map #300-49-1-18, except when actively dropping off or picking up a fare.

 

SECTION 3. - Authority.

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

 

SECTION 4. - Severability.

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

 

SECTION 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

 

              PLEASE TAKE NOTICE that a public hearing shall be held on June 15, 2017 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 entitled: “: “A LOCAL LAW amending Chapter 240 (Vehicles and Traffic) to apply parking restrictions to both Taxis and TNCs.”

 

Summary of Proposed Law

Intro. # 15 of 2017

 

This proposed local law will apply current parking restrictions to both Taxis and TNCs.

 

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

 

RESOLUTION:              2017-577

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Set a PH to Consider Adding Chapter 209 to Create a Low-Nitrogen Rebate Program

 

BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on June 15, 2017 at 6:30 p.m., at East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW creating Chapter 209 (Low-Nitrogen Sanitary System Rebate Program) to create a rebate program for the voluntary upgrade of cesspool sanitary systems as well as of all sanitary systems in certain vulnerable water supply areas.”

LOCAL LAW No.  __ of 2017

Introductory No. 70__ of 2017

LOCAL LAW creating Chapter 209 (Low-Nitrogen Sanitary System Rebate Program) to create a rebate program for the voluntary upgrade of cesspool sanitary systems as well as of all sanitary systems in certain vulnerable water supply areas.”

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

 

SECTION 1.              Legislative Intent.

This legislation is intended to establish a rebate program to encourage the voluntary upgrade of sanitary systems identified as potential sources of nitrogen pollution in the Town’s surface waters and sources of drinking water (the aquifer).

 

SECTION 2.              Amendment

The East Hampton Town Code is hereby amended by adding the underlined words in a new Chapter 209 (Low-Nitrogen Sanitary System Rebate Program) as follows.

 

CHAPTER 209: Low-Nitrogen Sanitary System Rebate Program

§ 209-1. Definitions.

Approved Costs - those costs associated with the replacement of a current sanitary system with a Low-Nitrogen Sanitary System including equipment, labor, materials and excavation directly related to the removal of the current sanitary system and/or installation of the new Low-Nitrogen Sanitary System, which have been reviewed by the Natural Resources Department and are deemed to be appropriate and necessary for the replacement of the particular system on the specific property. In determining whether a cost is appropriate and/or necessary, the Natural Resources Department will consider the usual and customary costs of certain equipment, materials, and labor, as well as any characteristics of the property that may aid or hinder the replacement.

Eligible Property Owners -              residential property owners who meet the Basic STAR income eligibly requirements contained in §425 of the New York State Real Property Tax Law; and owners of property used for non-residential purposes.  

Low-Nitrogen Sanitary System - any sanitary system that has been approved by Suffolk County Department of Health Services that has shown to reduce nitrogen levels to 19 milligrams or less per liter, until such time as Suffolk county Department of Health Services approves a sanitary system that reduces nitrogen levels to 10 milligrams or less per liter at which time that will constitute a Low-Nitrogen Sanitary System and the previous systems reducing to 19 milligrams or less will no longer constitute a Low-Nitrogen Sanitary System.

Water Protection District - includes all areas within the Harbor Protection Overlay District (Accabonac Harbor, Fort Pond, Georgica Pond, Lake Montauk, Hog Creek, Napeague Harbor, Northwest Creek, Northwest Harbor, Steppingstones Pond, Three Mile Harbor, Tuthill Pond and Wainscott Pond) as well as priority areas in the Montauk business district, Lake Montauk dock area, Ditch Plains, Camp Hero, southern Three-Mile Harbor watershed, south Hog Creek watershed, East Hampton Village Business Center, high density neighborhoods in Springs, and Sag Harbor Water Quality Priority Area. The map of the Water Protection District is provided as Chapter 209 Attachment 1:1 - Water Protection District Map.

 

§ 209-2. Water Protection District Sanitary System Upgrade Rebate Program:

A.              Eligible property owners of property located in a Water Protection District who replace their existing sanitary system with a Suffolk County Department of Health Services approved Low-Nitrogen Sanitary System, are eligible from the Town of East Hampton for a rebate to reimburse for the cost of such replacement.

B.              The rebate will be for the reimbursement of approved costs associated with replacement including equipment, labor, materials and excavation directly related to the removal of the cesspool and/or installation of the new Low-Nitrogen Sanitary System.  The Town Board, by resolution duly adopted from time to time, shall establish the amount of the rebate.

 

§ 209-3. Sanitary System Replacement Rebate Program:

A.              Eligible property owners who replace a sanitary system with a Suffolk County Department of Health Services approved Low-Nitrogen Sanitary System, are eligible from the Town of East Hampton for a rebate to reimburse for the cost of such replacement.

B.              The rebate will be for the reimbursement of approved the costs associated with replacement including equipment, labor, materials and excavation directly related to the removal of the cesspool and/or installation of the new Low-Nitrogen Sanitary System. The Town Board, by resolution duly adopted from time to time, shall establish the amount of the rebate.

 

§ 209-4. Rebate Eligibility Procedure

A.              Upon receipt of a Building Permit for replacing a sanitary system, a property owner must provide documentation to the Natural Resources Department that they are an Eligible property owner.

B.              Eligible property owners must submit a rebate application to the Natural Resources Department providing the information necessary to process the rebate. Such information shall include, but is not necessarily limited to: whether the property is located in a Water Protection District; the current sanitary system on the property; the proposed sanitary system ; current location of the sanitary system;  proposed location of the replacement system; a certified estimate from the contractor for the cost including equipment, labor, materials and excavation directly related to the removal of the current sanitary system and/or installation of the new Low-Nitrogen Sanitary System; and any approvals required to execute the replacement (i.e. site plan approval, Natural Resource Special Permit, etc.).

C.              Once an application is complete, the eligible property owner shall complete the replacement of the sanitary system within six months of the acceptance of the application as complete. The Natural Resources Department has the discretion to issue an extension for no more than two months for good cause shown.

D.              Once the replacement of the sanitary system is complete, the eligible property owner must submit to the Natural Resources Department, a Suffolk County Department of Health Services WWM-073 Form (if available) and a notarized certification from the contractor who performed the replacement which must include:

(1)              That the replacement of the sanitary system was performed in compliance with the requirements of the Suffolk County Department of Health Services; and

(2)              A statement or receipt detailing the actual costs for equipment, labor, materials and excavation directly related to the removal of the current sanitary system and/or installation of the new Low-Nitrogen Sanitary System.

(3)              Upon receipt of all documentation required under this section, the Natural Resources Department shall authorize the issuance of a rebate in the amount applicable under Sections Two or Three, for approved costs.

 

§ 209-5. Funding

Funding for the Low-Nitrogen Sanitary System Rebate Program may be provided as a water quality improvement project under Chapter 112 of the Town Code. Payment of rebates shall be subject to availability of funding under such project.

                                                                                   

SECTION 3. - Authority.

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

 

SECTION 4. - Severability.

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

 

SECTION 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

              PLEASE TAKE NOTICE that a public hearing shall be held on June 15, 2017 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 entitled: “A LOCAL LAW creating Chapter 209 (Low-Nitrogen Sanitary System Rebate Program) to create a rebate program for the voluntary upgrade of cesspool sanitary systems as well as of all sanitary systems in certain vulnerable water supply areas.”

Summary of Proposed Law

This proposed local law would establish a rebate program to encourage the voluntary upgrade of sanitary systems identified as potential sources of nitrogen pollution in the Town’s surface waters and sources of drinking water (the aquifer).

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

 

RESOLUTION:              2017-578

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Set a PH to Consider Amending Chapter 210 to Rename as "Sanitary Systems" and Set Higher Standards

 

BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on June 15, 2017 at 6:30 p.m., at East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW amending Chapter 210 (Scavenger Waste) to rename the chapter 'Sanitary Systems', adapt the provisions to apply town wide to sanitary systems, and require low-nitrogen systems for all new construction and replacements of sanitary systems.”

LOCAL LAW No.  __ of 2017

Introductory No. 70__ of 2017

LOCAL LAW amending Chapter 210 (Scavenger Waste) to rename the chapter 'Sanitary Systems', adapt the provisions to apply town wide to sanitary systems, and require low-nitrogen systems for all new construction and replacements of sanitary systems.”

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

 

SECTION 1.              Legislative Intent.

This legislation is intended to implement a shift to the installation and use of sanitary systems that reduce nitrogen levels at a significantly greater rate than conventional systems, and to support a rebate program to encourage the voluntary upgrade of sanitary systems.

 

SECTION 2. Amendment

 

Chapter 210 (Scavenger Waste) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

 

Chapter 210. Scavenger Waste Sanitary Systems

 

 

SECTION 3. Amendment

 

Chapter 210 (Scavenger Waste) Article 1 (General Provisions) Section 1 (Title) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

 

This chapter shall be known and may be cited as the "East Hampton Town Scavenger Waste Sanitary Systems Law."

 

SECTION 4. Amendment

 

Chapter 210 (Scavenger Waste) Article 1 (General Provisions) Section 2 (Purpose) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

 

The purpose of this chapter is to provide for the funding and proper operation of the East Hampton town scavenger waste treatment plant and to assure the proper siting, construction and maintenance of all individual on-site wastewater disposal sanitary systems (septic tanks, cesspools, leaching fields, etc.) and sewage treatment plants in the Town of East Hampton Wastewater Disposal District which the scavenger waste treatment plant is designed to serve. By so doing, it is intended to protect and preserve the town's natural resources and potable water supply and thereby the public health and safety and to promote the installation and proper use of Low-Nitrogen Sanitary Systems.

 

SECTION 5. Amendment

 

Chapter 210 (Scavenger Waste) Article 1 (General Provisions) Section 3 (Applicability) of the East Hampton Town Code is hereby amended to remove all words crossed out as follows:

 

Unless indicated by specific language to the contrary, the provisions of this chapter shall apply to all properties located in the Town of East Hampton Wastewater Disposal District established by resolution of the East Hampton Town Board on September 16, 1983, and the order of the State Comptroller dated April 26, 1983, as the boundaries of such district may from time to time be amended as provided for by law.

 

SECTION 6. Amendment

 

Chapter 210 (Scavenger Waste) Article 1 (General Provisions) Section 4 (Definitions) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

 

Unless the context indicates otherwise, the following terms shall, for the purposes of this chapter, have the following meanings:

 

BOARD

The East Hampton Town Board, acting for and on behalf of the town or the Town of East Hampton Wastewater Disposal District.

 

CARTER

Any trucker, hauler or enterprise providing (or licensed to provide) system pumping and/or other maintenance assistance for on-site wastewater disposal systems or sewage treatment plants as the same are defined herein.

 

CESSPOOL

Any in-ground wastewater disposal system which incorporates or operates as a combined septic tank/drain field process without a separate and distinct septic tank as defined herein. See "drain field" and "septic tank."

 

DISTRICT

The Town of East Hampton Wastewater Disposal District.

 

DRAIN FIELD

A title field consisting of perforated pipes located in below-ground trenches, or a circular below-grade tank with openings in the sidewalls, which serves to allow clarified effluent from a septic tank to percolate into the ground.

 

EASEMENT

A property interest in land owned by another entitling its holder to a specific limited use.

 

HIGH-FREQUENCY SYSTEM

An on-site wastewater disposal system of any configuration which is pumped out more than one time in any thirty-day period.

 

ON-SITE WASTEWATER DISPOSAL SANITARY SYSTEM

Any in-ground cesspool, septic tank or drain field as defined herein, or any combination of such structures, used for the disposal of sanitary sewage and normal domestic wastes generated on or near the property on which the system is located, and sometimes referred to as a "disposal system" or simply a "system." Compare a "sewage treatment plant."

 

LOW-NITROGEN SANITARY SYSTEM

Any sanitary system that has been approved by Suffolk County Department of Health Services that has shown to reduce nitrogen levels to 19 milligrams or less per liter, until such time as Suffolk county Department of Health Services approves a sanitary system that reduces nitrogen levels to 10 milligrams or less per liter at which time that will constitute a Low-Nitrogen Sanitary System and the previous systems reducing to 19 milligrams or less will no longer constitute a Low-Nitrogen Sanitary System.

 

PERSON

Any individual, firm, partnership, association, corporation, company, organization or other recognized legal entity of any kind, including municipal corporations or other governmental agencies or subdivisions thereof, excluding only the Town of East Hampton and the Town of East Hampton Wastewater Disposal District.

 

SANITATION INSPECTOR

Any town employee(s) authorized by resolution of the Town Board to carry out one or more of the functions assigned herein to the Sanitation Inspector or simply to the Inspector.

 

SCAVENGER WASTE

The solid and liquid material removed from an on-site wastewater disposal system (usually from the cesspool or septic tank) during pumping, sometimes referred to as "septage."

 

SCAVENGER WASTE TREATMENT PLANT

The municipal treatment facility operated by the Town of East Hampton Wastewater Disposal District and designed to receive scavenger waste and some sludges and to treat the same to quality levels acceptable for in-ground discharge in accordance with a previously issued State Pollutant Discharge Elimination System permit.

 

SEPTIC TANK

Any buried, watertight receptacle designed and constructed to receive wastewater from a home, business enterprise or other source, to separate solids from liquid, to provide limited digestion of organic matter, to store solids and to allow the clarified liquid to then pass on to other structures for percolation into the ground.

 

SEWAGE TREATMENT PLANT

Any arrangement of devices and structures used for treating sewage which is not an on-site wastewater disposal system as defined herein. So-called package treatment plants for residential or commercial developments shall be included in this definition, but this definition shall not be deemed to include the scavenger waste treatment plant.

 

SLUDGE

The semiliquid by-product of a sewage treatment plant not in excess of 6% solids. Neither the treated effluent, dewatered sludge nor any solid by-products which are also produced by such a plant shall be included in this definition.

 

SUPERINTENDENT

The person in charge of the operation and maintenance of the scavenger waste treatment plant.

 

SECTION 7. Amendment

 

Chapter 210 (Scavenger Waste) Article 2 (Transportation) is deleted in its entirety.

 

SECTION 8. Amendment

 

Chapter 210 (Scavenger Waste) Article 3 (Construction of Disposal Systems and Treatment Plants) Section 1 (Building permit required) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

 

No person shall construct, alter, modify, repair or replace any on-site wastewater disposalsanitary system as defined herein (including any septic tank or cesspool) or any sewage treatment plant as defined herein, or any part of either such facility, located within the Town of East Hampton Wastewater Disposal District, without having first obtained from the East Hampton Town Building InspectorDepartment a building permit for such work. Such permit shall state the exact location and address of the work in the manner and form specified by the Building Inspector. No such permit shall be issued until the proposed work has been approved by the Suffolk County Department of Health Services.

 

SECTION 9. Amendment

 

Chapter 210 (Scavenger Waste) Article 3 (Construction of Disposal Systems and Treatment Plants) Section 1 (Other requirements) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

 

A.              All new construction of septic tanks, cesspools or other on-sitesanitary systems shall conform to Standards for Sewage and Waste Disposal Systems, as then established by the Suffolk County Department of Health Services, to all applicable wetland setbacks of the New York State Department of Environmental Conservation and of the Town of East Hampton and all other applicable local, county and state regulations concerning the siting of such structures and systems. No building permit for any such new work shall issue until all applicable provisions of the Town Code, including provisions of Chapter 255, Zoning, have been complied with.

 

B.              In addition to the conditions provided for in paragraph A, for all the following circumstances the sanitary systems installed must be, or the current sanitary system must be upgraded to, a Low-Nitrogen Sanitary System as defined in § 210-1-4:

(1) All construction of new buildings and structures where a sanitary system did not previously exist;

(2) Any voluntary replacement of an existing sanitary system;

(3) All substantial expansion of existing structures as defined in § 255-1-20;

(4) All large capacity cesspools mandated to upgrade pursuant to EPA regulations;

(5) All nonresidential properties that require site plan review pursuant to § 255-6-30B paragraphs (2), (4) or (5).

 

C.              The Planning Board may issue an extension for compliance with the provisions of this section upon a showing of good cause.  Good cause must be based upon a showing that compliance is impossible due to physical limitations and lack of an approved Low-Nitrogen Sanitary System to address and accommodate such limitations.  It is not good cause if a Low-Nitrogen Sanitary System exists that would accommodate such limitations, but does not accommodate the site plan applicant’s proposal to increase occupancy or use.  Such extension shall not be granted until the Planning Department has received proof that the owner/applicant has recorded the following covenants and restrictions in the office of the Suffolk County Clerk. The covenants and restrictions must provide that:

(1) The owner/applicant acknowledges that under the provisions of this section he/she is required to upgrade the sanitary system on the subject property as soon as possible; and

(2) The owner/applicant seeks an extension to comply with the provisions of this section; and

(3) That upon approval of a Low-Nitrogen Sanitary System that can accommodate the physical limitations of the property - or upon availability of a Community Sanitary System that the subject property can hook up to, the owner/applicant must install the Low-Nitrogen Sanitary System or hook up to the Community Sanitary System within one (1) year of the availability of such option; and

(4) That failure to comply with these covenants and restrictions may subject the owner/applicant to the penalties contained in the East Hampton Town Code including, but not limited to, the revocation of the extension for compliance; and

(5) That this extension and these covenants and restriction run with the land, and to that end, all references herein to owner/applicant shall be deemed to also refer to owner/applicant’s successors in interest.

 

SECTION 10. Amendment

 

Chapter 210 (Scavenger Waste) Article 3 (Construction of Disposal Systems and Treatment Plants) Section 3 (Exception for repair or replacement) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

 

Notwithstanding anything in the preceding section nor any provision to the contrary in Chapter 255, Zoning, of the Town Code, a building permit obtained solely for the purpose of repairing or upgradingreplacing, in place and in kind, all or part of an existing on-site wastewater disposalsanitary system or sewage treatment plant, which facility complies in all respects with the current standards and requirements of the Suffolk County Sanitary Code and meets all current setbacks for such systems in the Town Code, or is being placed such that the location of the sanitary system will be consistent with the location of the current sanitary system in relation to setbacks, may be issued without town site plan review, special permit review or other local review and approval which might be a prerequisite to issuance of other similar building permits on the particular property in question, provided that all other conditions for issuance of the requested building permit, including approval by the Suffolk County Department of Health Services, have been met by the applicant to the satisfaction of the Building Inspector. This section shall not apply to proposed expansions of existing on-site disposalsanitary systems or sewage treatment plants nor to any other new work whatsoever.

 

SECTION 11. Amendment

 

Chapter 210 (Scavenger Waste) Article 3 (Construction of Disposal Systems and Treatment Plants) Section 4 (Accessibility) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

 

To the extent practicable and consistent with the preceding sections, all new construction of on-site disposalsanitary systems shall be located on a site so that inspection, and maintenance and pumping of such systems can be carried out without excessive difficult, or trespass on the lands of another. Thereafter, new buildings, structures, landscaping, etc., shall not be constructed or located so as to restrict such free access.

 

SECTION 12. Amendment

 

Chapter 210 (Scavenger Waste) Article 3 (Construction of Disposal Systems and Treatment Plants) Section 5 (Ability to inspect) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

 

Unless forbidden in a particular case by the Department of Health Services, all septic tankssanitary systems shall be constructed with a chimney or inspection port at or near ground level and shall be covered and secured in a manner that permits inspection of the system as provided for herein without the removal of large amounts of grass, dirt, landscaping or other material.

 

SECTION 13. Amendment

 

Chapter 210 (Scavenger Waste) Article 3 (Construction of Disposal Systems and Treatment Plants) Section 6 (Fee for building permit) of the East Hampton Town Code is hereby amended to remove all words crossed out as follows:

 

The fee charged for building permits obtained under this article shall be in such amount as shall be, from time to time, prescribed by resolution of the Town Board. Different fee schedules for residential and commercial properties, for sewage treatment plants or for different types or sizes of on-site disposal systems may be established. The Board may also designate a part of any fee charged as being for district use only.

 

SECTION 14. Amendment

 

Chapter 210 (Scavenger Waste) Article 4 (District Operation) is deleted in its entirety.

 

SECTION 15. Amendment

 

Chapter 210 (Scavenger Waste) Article 5 (Inspections) Section 1 (Required Inspections) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

 

Beginning four years after the effective date of this chapter, the town shall require inspection of every on-site wastewater disposal system and sewage treatment plantLow-Nitrogen Sanitary System at least once every three years by qualified persons employed by or for the town. Inspections shall also be required and may be made at any time when the Sanitation Inspector has reason to believe a system or plant is malfunctioning, has been illegally modified or expanded or is being operated beyond its design limits, or for other similar good cause shown.

 

SECTION 16. Amendment

 

Chapter 210 (Scavenger Waste) Article 5 (Inspections) Section 2 (Right of entry; limitations) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

 

By applying for and obtaining any permit required under this chapter, the property owner, and the system or plant owner, if different, shall be deemed to have given consent, at the time of applying for and obtaining such permit, to any inspectors employed by or for the town or the district to enter onto the subject premises to make the necessary inspections called for herein. Such consent runs with the property, and is assumed by subsequent property owners upon obtaining possession of said property. Except in emergencies, the hours of inspection shall be limited to the hours from 9:00 a.m. to 5:00 p.m. on Monday through Friday, and 10 days' written notice shall be given to the owner that an inspection is to be made. Only in cases where the Sanitation Inspector reasonably believes an emergency to exist may such notice be dispensed with. Any town or district officer, employee or agent operating under this chapter may enter onto any property in the district to make the inspections called for herein and may remove the minimum amount of grass, shrubs, vegetation, topsoil, dirt and other coverings of any system where such removal is required to complete an authorized inspection, and no civil claim shall lie against such inspector, the town or the district for any damages reasonably and necessarily resulting from such authorized activity.

 

SECTION 17. Amendment

 

Chapter 210 (Scavenger Waste) Article 6 (Maintenance) Section 1 (Required maintenance) of the East Hampton Town Code is hereby amended by renaming the section “Required maintenance and monitoring” and to add the underlined words and remove all words crossed out as follows:

 

Every owner of an on-site wastewater disposal system constructed after the effective date hereof shall have the same pumped or cleaned out at least once every three years, unless such system shall have been specifically exempted in writing by the Sanitation Inspector. Any system constructed prior to such effective date but which is repaired, reconstructed, altered, modified or expanded after such effective date shall also be pumped or cleaned out at least once every three years thereafter. All other such systems existing in the district shall be pumped or cleaned out within 20 days after the owner receives from the Sanitation Inspector or Director of Environmental Protection written notice that the system is not operating properly or is otherwise in need of such servicing.a Low-Nitrogen Sanitary System as defined in § 210-1-4, must maintain such system in accordance with the manufacturer’s recommendations and monitor the effectiveness of such system to assure that it continues to function in a manner to be considered a Low-Nitrogen Sanitary System (as such was defined at the time of installation of the system) in its efficiency in removing nitrogen.

 

Every owner of an on-site wastewater disposal system constructed after the effective date hereof shall have the same pumped or cleaned out at least once every three years, unless such system shall have been specifically exempted in writing by the Sanitation Inspector. Any system constructed prior to such effective date but which is repaired, reconstructed, altered, modified or expanded after such effective date shall also be pumped or cleaned out at least once every three years thereafter. All other such systems existing in the district shall be pumped or cleaned out within 20 days after the owner receives from the Sanitation Inspector or Director of Environmental Protection written notice that the system is not operating properly or is otherwise in need of such servicing.a Low-Nitrogen Sanitary System as defined in § 210-1-4, must maintain such system in accordance with the manufacturer’s recommendations and monitor the effectiveness of such system to assure that it continues to function in a manner to be considered a Low-Nitrogen Sanitary System (as such was defined at the time of installation of the system) in its efficiency in removing nitrogen.

 

SECTION 18. Amendment

 

Chapter 210 (Scavenger Waste) Article 7 (Administration and Enforcement) Section 1 (Sanitation Inspector) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

§ 210-7-1. Sanitation Inspector.

 

The Town Board shall appoint a Sanitation Inspector who shall be primarily responsible for the administration and enforcement of this chapter. Such Sanitation Inspector shall be a member of an existing town department, and wWith the consent of the Town Board, the Sanitation Inspector may designate other persons to assist him or her in his or her duties. Unless specifically limited by the Inspector or the Board, such other persons shall have all of the functions, responsibilities and authority given to the Sanitation Inspector hereunder.

 

SECTION 19. Amendment

 

Chapter 210 (Scavenger Waste) Article 7 (Administration and Enforcement) Section 2 (Notice of violations) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

 

A.                Use and effect of notice. Whenever the Sanitation Inspector has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this chapter or are not in compliance with a permit or other license issued hereunder, he or she may notify the owner of the property, the owner's agent or the person performing such operations to modify or suspend all or part of such operations, and any such person shall forthwith comply with such notice of violation until the same has been rescinded. He or she may also issue such notices with regard to wastewater disposalsanitary systems or sewage plants which are malfunctioning or whose operations are resulting in a violation of § 180-7 of the Town Code (pollution by discharge of wastes or contaminants). To the extent that any notice of violation issued hereunder requires immediate suspension, modification or cessation of any operation(s), it shall be deemed to be a stop-work order.

 

B.     Form of notice. A notice of violation shall be in writing, shall specify the violation(s) and shall state the conditions which must be complied with and the time within which compliance must be completed. If suspension of operations has been required, the notice shall so state with clarity and shall describe under what conditions, if any, said suspended operations will be permitted to be resumed.

 

C.                Service. A notice of violation shall be served upon the person to whom it is directed by delivering it to him or her personally or by posting the same in a conspicuous place on the premises where operations are conducted and by mailing a copy thereof to such person by certified mail to his or her last known address.

 

D.                Extension of time to comply. The Inspector may extend the time for compliance specified in any notice of violation where there exists evidence of intent to comply within the time period specified, conditions exist which prevent complete compliance within such originally specified time period and he or she has determined that there will be no threat to public health, safety or property from a short additional period of continued noncompliance.

 

E.               Effect of failure to comply. In the event that the person upon whom a notice of violation has been served shall fail to comply with the same within the time period specified, or any extended time period later granted by the Inspector, any and all permits, licenses, authorizations or permissions issued to the person pursuant to this chapter shall be deemed revoked.

 

F.                No effect on other remedies. Nothing in this section concerning the nature and effect of notices of violations shall be construed as limiting the authority of the Sanitation Inspector to pursue any necessary and appropriate legal means to properly and effectively administer and enforce the provisions of this chapter and to obtain compliance therewith. In addition to any other legal remedies available to him or her, the Inspector may, after consultation with the Town Attorney, file criminal informations and commence court proceedings on behalf of the town or the district to compel such compliance.

 

SECTION 20. Amendment

 

Chapter 210 (Scavenger Waste) Article 7 (Administration and Enforcement) Section 3 (Additional enforcement officers) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

 

In addition to enforcement by the Sanitation Inspector, the provisions of this chapter may be enforced by the Town Building Inspector and the Town Director of Environmental ProtectionNatural Resources, whether or not either is serving as Sanitation Inspector. For Such enforcement purposes only, each such officer shall be deemed to have the same authority as is given in this article to the Sanitation Inspector to enforce this chapter.

 

SECTION 21. Amendment

 

Chapter 210 (Scavenger Waste) Article 7 (Administration and Enforcement) Section 5 (Penalties for offenses) of the East Hampton Town Code is hereby amended to remove all words crossed out as follows:

 

Any carter, owner, occupant, builder, architect, contractor, agent or other person who commits, takes part in or assists in a violation of this chapter shall be liable upon conviction for a fine not to exceed $500 (or any lesser amount which may be specified herein for a particular violation) or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur or be maintained shall constitute a separate additional offense.

 

SECTION 22. Amendment

 

Chapter 210 (Scavenger Waste) Article 4 (Administration and Enforcement) Section 7 (Severability) is deleted in its entirety.

 

SECTION 23. - Authority.

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

 

SECTION 24. - Severability.

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

 

SECTION 25. - 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

              PLEASE TAKE NOTICE that a public hearing shall be held on June 15, 2017 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 entitled: “A LOCAL LAW amending Chapter 210 (Scavenger Waste) to rename the chapter 'Sanitary Systems', adapt the provisions to apply town wide to sanitary systems, and require low-nitrogen systems for all new construction and replacements of sanitary systems.”

Summary of Proposed Law

This proposed local law would implement a shift to the installation and use of sanitary systems that reduce nitrogen levels at a significantly greater rate than conventional systems, and to support a rebate program to encourage the voluntary upgrade of sanitary systems.

 

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

 

RESOLUTION:              2017-579

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Lifeguards to the Recreation Department

 

RESOLVED, the following be and are hereby appointed seasonal lifeguards to the Recreation Department to be paid bi weekly from budget account A7180-51200, upon proper submission of time records; effective date May, 19 2017.

 

Dana Cebulski                                Senior lifeguard                                                          $15.50

Daniel Claps                                   Advanced Ocean Lifeguard                                $15.00

Brenden Faherty                             Advanced Ocean Lifeguard                                               $15.00

Andreas Koutsogionals               Advancwed Ocean Lifeguard                                          $15.00

Sophie Kohlhoff                            Senior Lifeguard                                                        $15.50

Benjamin Howard                            Senior Lifeguard                                                        $15.50

Benjamin Fuerst                            Senior Lifeguard                                                        $15.50

Brendon Mott                                          EMT Lifeguard                                                                      $17.50

Peter Stacom                                          Senior Lifeguard                                                        $15.50

James Budd                                          Sr Lieutenant Lifeguard                                          $16.50

Leland Trantum                            Advanced Ocean Lifeguard                                            $15.00

Andrew Winthrop                            Emt Lifeguard                                                                      $17.50

Katherine Osiecki                            Senior Lifeguard                                                        $15.50

Julia Peralta                                          Advanced Bay Lifeguard                                          $14.50

 

RESOLUTION:              2017-580

CATEGORY:                            Budget

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Budget Modification - Buildings and Grounds

 

Resolved, at the request of the department head the Budget Office is directed to make the following modification to the Buildings and Grounds budget for 2017 to cover the cost of additional elevator maintenance:

 

From A1620-54420 $1000 to A1620-54500 (Sobcontractor)

 

RESOLUTION:              2017-581

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Authorize Emergency Road Repairs

 

              WHEREAS, the Town Board has been informed by the Town Highway Superintendent that emergency road repairs are needed on the streets listed below, in order to assure continued safety and accessibility by emergency and Fire Department vehicles; now therefore, be it

 

              RESOLVED, that the Highway Superintendent, Stephen Lynch, is hereby authorized to make the necessary emergency repairs to render the following streets safe and passable for emergency and fire department vehicles;

 

SOUTH GREENFIELD DRIVE

SOUTH GENESEE COURT

SOUTH FULTON DRIVE

NORTH SURFSIDE AVENUE

SOUTH ETNA AVENUE

SOUTH GENEVA COURT

GLENDALE DRIVE

GILBERT ROAD

SOUNDVIEW DRIVE

FIRESTONE ROAD

TUTHILL ROAD

SOUTH DAVIS AVENUE

SOUTH DUNCAN DRIVE

SOUTH DUBOIS PLACE

SOUTH GREENWICH STREET

SOUTH GIBSON PLACE

SOUTH GOODRIDGE PLACE

NORTH FAIRFAX

 

RESOLUTION:              2017-582

CATEGORY:                            Fees

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Set Low-Nitrogen Sanitary System Rebate Amounts

 

WHEREAS, Chapter 209 "Low-Nitrogen Sanitary System Rebate Program", created on June 15, 2017, sets forth certain rebates the amount of such are to be established and amended from time to time by Resolution of the Town Board;

 

NOW, THEREFORE, BE IT:

 

RESOLVED, that the following rebate schedule is hereby adopted and shall remain effective until modified by further Resolution of this Board:

 

 

Pursuant to § 209-2 Water Protection District Sanitary System Upgrade Rebate Program:

 

For eligible property owners of property located in a Water Protection District who replace their existing sanitary system with a Suffolk County Department of Health Services approved Low-Nitrogen Sanitary System, the amount of the rebate will be for 100% of the approved costs associated with replacement including equipment, labor, materials and excavation directly related to the removal of the cesspool and/or installation of the new Low-Nitrogen Sanitary System, up to a maximum rebate amount of $15,000.

 

 

Pursuant to § 209-3. Sanitary System Replacement Rebate Program:

 

For eligible property owners who replace a sanitary system with a Suffolk County Department of Health Services approved Low-Nitrogen Sanitary System, the amount of the rebate will be for 75% of the costs associated with replacement including equipment, labor, materials and excavation directly related to the removal of the cesspool and/or installation of the new Low-Nitrogen Sanitary System, up to a maximum rebate amount of $10,000.

 

For eligible property owners who meet the income/asset requirements for Affordable Housing set by the Suffolk County Consortium HOME Improvement Program, the amount of the rebate will be for 100% of the approved costs associated with replacement, up to a maximum rebate amount of $15,000.

 

RESOLUTION:              2017-583

CATEGORY:                            Issue Check

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Authorize Refund of Road Opening Permit to Antonia Pisciotta Regarding 86 NW Landing Road

 

WHEREAS, Antonia Pisciotta paid a security deposit of $250 dollars for a road opening permit that was erroneously recorded as a permit fee; and,

 

WHEREAS, the Highway Superintendent determined that the roadway was returned to its original condition after the road opening; now therefore be it

 

RESOLVED, that on the recommendation of the Superintendent of Highways, Antonia Pisciotta shall be issued a refund in the amount of $250 dollars payable from Highway Fund DB1990-51990.

 

RESOLUTION:              2017-584

CATEGORY:                            Issue Check

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Parks and Recreation

Authorize Payment

 

WHEREAS, it has been ascertained by Parks and Recreation Department records and verified by  the Town Clerk's Office, that a November 2016 and December 2016 Invoices for electric service never paid to PSEG - Hicksville NY; now therefore be it

 

Resolved, the Town will pay the outstanding 2016 invoices in the amount of $60.68, payable from Budget Account #A1620-54310 upon properly submitted voucher; and, be it further

 

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

 

RESOLUTION:              2017-585

CATEGORY:                            Issue Check

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Parks and Recreation

Authorize Payment

 

WHEREAS, it has been ascertained by the Parks and Recreation Department records and verified by the Town Clerk's Office, that a October 2015 Invoice for electrical service was never paid to PSEG - Hicksville NY; now, therefore be it

 

Resolved, the Town will pay the outstanding 2015 invoice in the amount of $629.58, payable from budget A1620-54310 upon properly submitted voucher; and, be it further

 

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

 

RESOLUTION:              2017-586

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Approve FMLA for Conrad J. Fisher

 

WHEREAS, Conrad J. Fisher, Auto Equipment Operator in the Highway 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), Conrad J. Fisher  be and is hereby granted up to 12 weeks of leave effective retroactive to May 16, 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:              2017-587

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Seasonal Laborers in the Parks Department

 

RESOLVED, the following be and are hereby appointed seasonal laborers in the Parks Department to be paid $14.755 an hour bi -weekly from budget account A7110-51200, upon proper submission of time records, effective May 20, 2017 through September 15, 2017:

 

Allen Gregg                              

Steven VerDugo                           

Tavian Poujois                                         

 

RESOLUTION:              2017-588

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Seasonal Recreation Aides in the Recreation Department

 

RESOLVED, the following be and are hereby appointed seasonal recreation aides in the Recreation Department to be paid bi-weekly from budget account A7020-51200, upon proper submission of time records, effective May 19, 2016 through September 15, 2017 at the hourly salaries listed:

 

Angelique Hayward                              $10.00

Carla Walsh                                          $10.00

Daphne Williams                            $10.00

Richard Statucki                            $12.13

 

RESOLUTION:              2017-589

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Kathleen McGeehan Seasonal Recreation Specialist in the Recreation Department

 

RESOLVED, Kathleen McGeehan be and is hereby appointed seasonal recreation specialist in the Recreation Department at the hourly salary of $20.20 to be paid bi-weekly from budget account A7020-51200, upon proper submission of time records, effective May, 24 2017 through September 15, 2017.

 

RESOLUTION:              2017-590

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Estaban Vargas Seasonal Laborer in the Parks Department

 

RESOLVED, Estaban Vargas be and is hereby appointed seasonal laborer in the Parks Department to be paid $14.755 an hour bi-weekly from budget account A7110-51200, upon proper submission of time records, effective May 27, 2017 through September 15, 2017.

 

RESOLUTION:              2017-591

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Daniel Modek Part Time Laborer in the Parks Department

 

WHEREAS, Daniel Modek is a part time maintenance mechanic II in the department of Human Services paid bi-weekly from budget account A8989-51200, and

 

WHEREAS, the Parks Department is hiring seasonal laborers, and, therefore be it

 

RESOLVED, Daniel Modek be and is hereby appointed seasonal laborer in the Parks Department to be paid $14.755 an hour bi-weekly from budget account A7110-51200 upon proper submission of time records, effective May 22, 2017 through September 15, 2017, and, be it further

 

RESOLVED, that this appointment run concurrently with his appointment in the department of Human Services.

 

RESOLUTION:              2017-592

CATEGORY:                            Bids Accepted

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Purchasing

Accept Bid #EH17-020 - Surplus Oyster Seed 2017 - Multi Aquaculture Systems and Promised Land Mariculture Company, LLC

 

WHEREAS, the Town Board solicited bids for the sale of Surplus Oyster Seed 2017 at the request of the Aquaculture Department, and

 

WHEREAS, the bids of Multi Aquaculture Systems in the amount of $15/1000 for 2.8mm, $20/1000 for 3.3mm and $50/1000 for <5/8" and Promised Land Mariculture Company, LLC in the amount of $15/5/16" were the highest bids received; and

 

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

 

RESOLVED, that the bids of Multi Aquaculture Systems in the amount of $15/1000 for 2.8mm, $20/1000 for 3.3mm and $50/1000 for <5/8" and Promised Land Mariculture Company, LLC in the amount of $15/5/16" are hereby accepted for the sale of surplus oyster seed.

C.              COUNCILWOMAN OVERBY

 

RESOLUTION:              2017-593

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Dayton SPH NPH CPF Project Plan Addition

 

BE IT RESOLVED, that a public hearing is hereby scheduled to be held on a proposed Local Law adopting a revised "Community Preservation Project Plan," pursuant to Section § 64-e of the New York Town Law, which provides for the preservation of open space, historic places, and recreational areas within the Town of East Hampton, including the incorporated villages therein, to include lands reputedly owned by Ralph L. Dayton Executor, and identified on the Suffolk County Tax Map as 301-2-2-27.1, 27.2 & 36.  All as more fully set forth in the text of the Local Law, said hearing to be held at the Town Hall Court Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, on Thursday June 1, 2017, at 6:30 p.m. or as soon thereafter as this matter may be heard, and said proposed Local Law to read as follows:

 

LOCAL LAW NO.        OF 2017

INTRODUCTORY NO.       OF 2017

 

A Local Law providing for the adoption of a revised "Community Preservation Project Plan," pursuant to Section § 64-e of the New York Town Law, which provides for the preservation of open space, historic places, and recreational areas within the Town of East Hampton, including the incorporated villages therein, to include lands reputedly owned by Ralph L. Dayton Executor, and identified on the Suffolk County Tax Map as 301-2-2-27.1, 27.2 & 36.  As more fully set forth in the text of the Local Law, said Local Law to read as follows:

 

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

 

SECTION I. - FINDINGS AND OBJECTIVES:

 

              This local law adopts a revised "Community Preservation Project Plan" pursuant to Section 64-e of the New York Town Law.  The revised plan supplants the Community Preservation Project Plan which was first adopted by the Town Board on August 4, 1998 and adopted as revised on July 7, 2011 and which continues to list all properties whose preservation is necessary to the preservation of the community character of the Town of East Hampton.

 

              The Town Board would like to amend the plan as most recently adopted on July 7, 2011 to add approximately 2.78 acres of land reputedly owned by Ralph L. Dayton Executor located on 14 & 16 Pleasant Ln. and 25 Muchmore Ln., East Hampton Village, and identified on the Suffolk County Tax Map as 301-2-2-27.1, 27.2 & 36 for the following reasons:

These parcels abut the playground at 71 Newtown Lane, as well as a parking area on Gingerbread Lane, which has a pedestrian pathway connecting both.  These parcels are of significant size, and represent a rare opportunity for the expansion of Herrick Park.  These parcel are also within the Hook Pond watershed:

These parcels meet the criteria set forth in Town Law 64-e (4) that establishes and helps define what the preservation of community character involves.

 

 

SECTION II. - COMMUNITY PRESERVATION PROJECT PLAN ADOPTED:

 

              For the reasons set forth in Section I hereof, the Town Board hereby approves and adopts the addition of approximately 2.78 acres of land reputedly owned by Ralph L. Dayton Executor located on 14 & 16 Pleasant Ln. and 25 Muchmore Ln., East Hampton Village, and identified on the Suffolk County Tax Map as 301-2-2-27.1, 27.2 & 36 to the list of Open Space Recommendations in the "Community Preservation Project Plan" prepared by the Town Planning Department and dated July 7, 2011, said plan being intended to constitute, in its revised form, the community preservation project plan which is required by Section § 64-e of the New York Town Law and Article I ("Community Preservation Fund") of the East Hampton Town Code.

 

SECTION III. - SEVERABILITY:

 

              Should any part or provision of this Local Law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole nor any part thereof other than the part so decided to be unconstitutional or invalid.

 

SECTION IV. - EFFECTIVE DATE:

 

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

 

 

              AND BE IT FURTHER RESOLVED, that the Town Clerk is directed to publish a Notice of Public Hearing in the May 25, 2017 edition of the East Hampton Star.

 

 

NOTICE OF PUBLIC HEARING

Intro. #    Of  2017

 

              TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on June 1, 2017 at 6:30 p.m. in the Town Board Meeting Room, Town Hall, 159 Pantigo Road, East Hampton, New York, or as soon thereafter as this matter may be heard, on a proposed Local Law providing for the adoption of a revised "Community Preservation Project Plan," pursuant to Section 64-e of the New York Town Law, which provides for the preservation of open space, historic places, and recreational areas within the Town of East Hampton, including the incorporated villages therein, to include approximately 2.78 acres of land in the Village of East Hampton, reputedly owned by Ralph L. Dayton Executor, and identified on the Suffolk County Tax Map as 301-2-2-27.1, 27.2 & 36 .

 

              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: May 18, 2017                           

Financial Impact:

No impact for SPH NPH

 

 

RESOLUTION:              2017-594

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Dayton SPH NPH CPF Acquisition

 

SCHEDULE PUBLIC HEARING - REAL PROPERTY ACQUISITION & AMEND 2017 M&S PLAN

 

Purported Owner:              Ralph L. Dayton Executor

Location:                            14 & 16 Pleasant Lane and 25 Muchmore Lane, East Hampton                                           Village

SCTM #:                            301-2-2-27.1, 27.2 and 36

 

              WHEREAS, the Town of East Hampton is considering the purchase in fee of approximately 2.37 acres of vacant land located on 14 & 16 Pleasant Lane, and the purchase of a Life Estate on approximately .41 acres of vacant land located on 25 Muchmore Lane, all three parcels being within the Village of East Hampton, which lands are identified on the Suffolk County Tax Map as SCTM #301-2-2-27.1, 27.2 and 36 respectively; and

 

              WHEREAS, the proposed purchase price is $4,600,000.00, plus survey, title, prorated tax, and recording charges; and

 

              WHEREAS, the Village, by letter dated 1/25/17 has encouraged the Town Board to preserve these parcels for the expansion of Herrick park using Community Preservation Funds to acquire; and

 

              WHEREAS, the purpose of said acquisition is the establishment of parks, nature preserves or recreation areas; and

 

              WHEREAS, the Town's proposed funding source is Community Preservation Funds; and

 

              WHEREAS, on February 2, 2017 (and amended via resolution on May 4, 2017) the Town Board adopted the 2017 Management & Stewardship Plan (M&S Plan) for CPF properties pursuant to Town Law 64-e (6) which requires a property to be included in this Plan in order to expense any management and stewardship costs to the Community Preservation Fund; and

 

              WHEREAS, said M&S Plan shall be in effect for calendar year 2017 with updates permitted from time to time at the discretion of the Town Board after a public hearing; and

 

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

 

              NOW, THEREFORE, BE IT RESOLVED, that 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 in fee of 14 & 16 Pleasant Lane,

 

              B) The acquisition of a Life Estate on 25 Muchmore Lane,

 

              C) All three parcels reputedly owned by Ralph L. Dayton Executor, acquired for the               establishment of parks, nature preserves or recreation areas, at a cost to the Town               of East Hampton not to exceed $4,600,000.00 plus reasonable survey, title, prorated               tax, and recording charges

 

              D) An amendment to the 2017 M&S Plan to include said properties

 

Said public hearing to be held in the Town Board Meeting Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, on June 1, 2017 at 6:30 p.m. or as soon thereafter as this matter may be heard; and be it

 

              FURTHER RESOLVED, that the Town Clerk is hereby directed to publish a Notice of Public Hearing in the May 25, 2017 edition of the East Hampton Star.

 

              NOTICE OF PUBLIC HEARING

 

              TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing pursuant to § 247 of the General Municipal Law and § 64-e (8) of the Town Law of the State of New York on June 1, 2017 at 6:30 p.m. in the Town Board Meeting Room, Town Hall, 159 Pantigo Road, East Hampton, New York, or as soon thereafter as this matter may be heard, to consider the following:

 

              A) The acquisition in fee of 14 & 16 Pleasant Lane,

 

              B) The acquisition of a Life Estate on 25 Muchmore Lane,

 

              C) All three parcels reputedly owned by Ralph L. Dayton Executor, and acquired for               the establishment of parks, nature preserves or recreation areas, at a cost to the               Town of East Hampton not to exceed $4,600,000.00 plus reasonable survey, title,               prorated tax, and recording charges

 

              D) An amendment to the 2017 M&S Plan to include said properties

 

 

              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:              May 18, 2017                                         

Financial Impact:

No impact for SPH NPH

 

 

RESOLUTION:              2017-595

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

SPH - Amend Chapter 255, Use District Map - Shelly

 

WHEREAS, an application has been made to the Town of East Hampton by the property owner, to re-zone a property located at 137 Springs-Fireplace Road, East Hampton (SCTM #0300-147-7-27.1), currently zoned B Residence, to Commercial-Industrial (CI); and

 

 

WHEREAS, the parcel consists of approximately 0.25 acres located on Springs-Fireplace Road containing a single family residence erected before zoning, and the subject parcel is surrounded on three sides by Commercial Industrial zoned properties, and is the only residentially zoned parcel in the block between Washington Avenue and Springs-Fireplace Road; and

 

WHEREAS, the 2005 Comprehensive Plan recognized that the largest area of commercial industrial development is located along Springs-Fireplace Road and that such uses are essential to the economy and overall operation of the Town, and that many of the residentially zoned parcels had already been significantly cleared and converted to commercial industrial uses, and such parcels were no longer suitable for residential use, and the Plan recommended the re-zoning of a number of such parcels to Commercial-Industrial; and

 

WHEREAS, the subject parcel, together with two adjoining parcels were not included in the 2005 re-zoning, as the parcels were still actively being utilized as single family residential parcels, but in 2012, at the request of the property owner, the two adjoining residentially zoned parcels were also re-zoned for Commercial-Industrial use; and

 

WHEREAS, this remaining parcel of residentially zoned property is not well suited for such purpose, being cleared and surrounded by commerical industrial uses, and its re-zoning to Commerical-Industrial use is consistent with the 2005 Comprehensive Plan; now, therefore, be it   

 

RESOLVED, that a public hearing is hereby scheduled to be held on a proposed Local Law amending Chapter 255 ("Zoning") of the East Hampton Town Code at Article XII thereof (the "Use District (Zoning) Map") in order to change the use district (zoning) classification of certain lands located within the Town of East Hampton, identified as SCTM# 300-147-7-27.1 from B-Residence to Commercial/Industrial (CI), all as more fully set forth in the text of the Local Law and on the accompanying map, said hearing to be held at the Town Hall Court Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, on July 6, 2017 at 6:30 p.m. or as soon thereafter as this matter may be heard, and said proposed Local Law to read as follows:

 

LOCAL LAW NO.     OF 2017

INTRODUCTORY NO.     OF 2017

 

              A Local Law providing for the amendment of Chapter 255 ("Zoning") of the East Hampton Town Code at Article XII thereof (the "Use District (Zoning) Map"), in order to change the use district (zoning) classification of certain lands located in the Town of East Hampton, such parcels being identified as SCTM #0300-147-7-27.1 from B-Residence to Commercial/Industrial (CI) zoning classification, said Local Law to read as follows:

 

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

 

SECTION I. - FINDINGS AND OBJECTIVES:

 

              This local law proposes to change the use district classification of a certain property currently designated B-Residnce to Commercial-Industrial (CI) zoning designation, as a more appropriate use designation in view of the zoning of surrounding properties and the uses existing on those properties.

 

              The subject parcel consists of approximately one-quarter (0.25) acre on Springs Fireplace Road identified on the Suffolk County Tax Map as SCTM #0300-147-7-27.1. Pursuant to the recommendations of the 2005 Comprehensive Plan, which recommended that properties adjacent to the subject property be rezoned from B Residence to Commercial-Industrial (CI) in view of the fact that such properties, though zoned for residential use, had been largely denuded of vegetation, and converted to commercial and industrial uses.  The subject parcel, and two adjoining parcels, were at the time being actively utilized for residential purposes, and as a result, these three properties were not included in the 2005 re-zoning. However, in 2012, at the request of the property owner, the two adjoinng parcels, SCTM #0300-147-7-6 and 28, were re-zoned to Commerical-Industrial use, leaving the subject parcel as the only remaining residentially zoned property in this block. Rezoning of the subject premises from B-Residence to Commercial-Industrial is appropriate and consistent with the recommendations of the 2005 Comprehensive Plan.

 

 

SECTION II. - TOWN CODE AMENDED:

 

              Chapter 255 ("Zoning") of the East Hampton Town Code is hereby amended at Article XII, "Use District (Zoning) Map," to provide for a change in the Use District Classification for certain lands as shown on the accompanying map and as more fully described below:

 

SCTM #:                                                      0300-147-7-27.1

Location:                                                        137 Springs Fireplace Road

Current Owner:                                         Town of East Hampton

Approx. Acreage:                                                      0.25 acres             

Present Zoning Classification:                B-Residence

New Zoning Classification:                   Commercial-Industrial (CI)

 

[SEE ATTACHED MAP.]

 

 

SECTION III. - SEVERABILITY:

 

              Should any part or provision of this Local Law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole nor any part thereof other than the part so decided to be unconstitutional or invalid.

 

SECTION IV. - EFFECTIVE DATE:

 

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

                                    

and be it further

 

RESOLVED, that the Town Clerk is hereby directed to publish a Notice of Public Hearing in the May 25, 2017 edition of the East Hampton Star as a Notice of Public Hearing.

 

 

NOTICE OF PUBLIC HEARING

 

TAKE NOTICE that the Town Board will hold a public hearing on Thursday, July 6, 2017 at 6:30 p.m. or as soon thereafter as this matter may be heard, to consider a local law amending Chapter 255 ("Zoning") of the East Hampton Town Code at Article XII thereof (the "Use District (Zoning) Map") in order to change the use district (zoning) classification of certain lands from B Residence to Commercial/Industrial (CI), said local law to read as follows:

 

LOCAL LAW NO.     OF 2017

INTRODUCTORY NO.     OF 2017

 

              A Local Law providing for the amendment of Chapter 255 ("Zoning") of the East Hampton Town Code at Article XII thereof (the "Use District (Zoning) Map"), in order to change the use district (zoning) classification of certain lands located in the Town of East Hampton, such parcels being identified as SCTM #0300-147-7-27.1 from B-Residence to Commercial/Industrial (CI) zoning classification, said Local Law to read as follows:

 

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

 

SECTION I. - FINDINGS AND OBJECTIVES:

 

              This local law proposes to change the use district classification of a certain property currently designated B-Residnce to Commercial-Industrial (CI) zoning designation, as a more appropriate use designation in view of the zoning of surrounding properties and the uses existing on those properties.

 

              The subject parcel consists of approximately one-quarter (0.25) acre on Springs Fireplace Road identified on the Suffolk County Tax Map as SCTM #0300-147-7-27.1. Pursuant to the recommendations of the 2005 Comprehensive Plan, which recommended that properties adjacent to the subject property be rezoned from B Residence to Commercial-Industrial (CI) in view of the fact that such properties, though zoned for residential use, had been largely denuded of vegetation, and converted to commercial and industrial uses.  The subject parcel, and two adjoining parcels, were at the time being actively utilized for residential purposes, and as a result, these three properties were not included in the 2005 re-zoning. However, in 2012, at the request of the property owner, the two adjoinng parcels, SCTM #0300-147-7-6 and 28, were re-zoned to Commerical-Industrial use, leaving the subject parcel as the only remaining residentially zoned property in this block. Rezoning of the subject premises from B-Residence to Commercial-Industrial is appropriate and consistent with the recommendations of the 2005 Comprehensive Plan.

 

 

SECTION II. - TOWN CODE AMENDED:

 

              Chapter 255 ("Zoning") of the East Hampton Town Code is hereby amended at Article XII, "Use District (Zoning) Map," to provide for a change in the Use District Classification for certain lands as shown on the accompanying map and as more fully described below:

 

SCTM #:                                                      0300-147-7-27.1

Location:                                                        137 Springs Fireplace Road

Current Owner:                                         Town of East Hampton

Approx. Acreage:                                                      0.25 acres             

Present Zoning Classification:                B-Residence

New Zoning Classification:                   Commercial-Industrial (CI)

 

[SEE ATTACHED MAP.]

 

 

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.

                                    

              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, and actually received before the date and time of the hearing.

 

DATED: May 18, 2017                            BY ORDER OF THE TOWN BOARD

                                                                      TOWN OF EAST HAMPTON, NEW YORK

                                                                          CAROLE BRENNAN, TOWN CLERK

 

RESOLUTION:              2017-596

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

SPH - Amend Chapter 255, Use District Map

 

WHEREAS, the Town of East Hampton is the owner of certain properties located between Springs-Fireplace Road and Accabonac Road, East Hampton, which the Town Board believes to have been improperly re-zoned to Parks & Conservation (PC) use, a zoning classification which ignored the disturbed nature of such parcels and their actual pre-existing use as  commercial properties utilized as a part of the Town's Recycling Center, Transfer Station and Scavenger Waste Treatment facility; now, therefore, be it   

 

RESOLVED, that a public hearing is hereby scheduled to be held on a proposed Local Law amending Chapter 255 ("Zoning") of the East Hampton Town Code at Article XII thereof (the "Use District (Zoning) Map") in order to change the use district (zoning) classification of certain lands located within the Town of East Hampton, identified as SCTM# 300-149-1-004 & 005 from PC to Commercial/Industrial (CI), all as more fully set forth in the text of the Local Law and on the accompanying map, said hearing to be held at the Town Hall Court Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, on July 6, 2017 at 6:30 p.m. or as soon thereafter as this matter may be heard, and said proposed Local Law to read as follows:

 

LOCAL LAW NO.     OF 2017

INTRODUCTORY NO.     OF 2017

 

              A Local Law providing for the amendment of Chapter 255 ("Zoning") of the East Hampton Town Code at Article XII thereof (the "Use District (Zoning) Map"), in order to change the use district (zoning) classification of certain lands located in the Town of East Hampton, such parcels being identified as SCTM #0300-149-1-004 & 005 from PC (Parks and Conservation) to Commercial/Industrial (CI) zoning classification, said Local Law to read as follows:

 

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

 

SECTION I. - FINDINGS AND OBJECTIVES:

 

              This local law proposes to change the use district classification of certain properties that were erroneously designated PC (Parks and Conservation) to Commercial/Industrial (CI) zoning designation, as a more appropriate use designation in view of the existing and pre-existing uses on the premises.

 

              The subject parcels consist of two narrow (85 +/- ft.) parcels which run from Springs Fireplace Road to Accabonac Road and are identified on the Suffolk County Tax Map as SCTM #0300-149-1-004 & 005. Pursuant to the recommendations of the 2005 Comprehensive Plan, which recommended that Town owned properties immediately north of the Town Recycling Center and Transfer Station be rezoned from A Residence to Parks and Conservation (PC), these properties, together with SCTM #0300-149-1-003 were rezoned for Parks & Conservation use.  However, only SCTM #0300-149-1-003, which is approximately 260 +/-feet in width, was wooded and had the potential to provide some buffering from the commercial uses at the Town's Recycling Center/Transfer Station and Scavenger Waste facility.  The two other parcels, SCTM #0300-149-1-004 & 005 are, and were at the time of their rezoning to PC, heavily disturbed and utilized in connection with the Town Recycling Center and Transfer Station, as well as the Town Scavenger Waste Treatment facility.   An examination of the tax map parcel list included in the Comprehensive Plan shows all three parcels on that list recommended for re-zoning to Commercial-Industrial use.  Reviewing the conflicting recommendations of the two sections of the Comprehensive Plan, and the existing uses of the parcels, it appears that only SCTM #0300-149-1-003 was suitable for and intended to be re-zoned to PC, while the other two parcels, SCTM #0300-149-1-004 & 005, were intended to be re-zoned to Commercial-Industrial (CI), to provide for their zoning classification to be consistent with their use.

             

              The Town Board has determined that rezoning SCTM #0300-149-1-004 & 005 for Commercial/Industrial (CI) and retaining the Parks & Conservation (PC) zoning for SCTM #0300-149-1-003 is appropriate and consistent with the recommendations of the Comprehensive Plan and meets the goal intended by such Plan.   

 

SECTION II. - TOWN CODE AMENDED:

 

              Chapter 255 ("Zoning") of the East Hampton Town Code is hereby amended at Article XII, "Use District (Zoning) Map," to provide for a change in the Use District Classification for certain lands as shown on the accompanying map and as more fully described below:

 

SCTM #:                                                      0300-149-1-4

Location:                                                        401 Accabonac Road

Current Owner:                                         Town of East Hampton

Approx. Acreage:                                                      4.77 acres             

Present Zoning Classification:                Parks & Conservation (PC)

New Zoning Classification:                   Commercial-Industrial (CI)

 

[SEE ATTACHED MAP.]

 

SCTM #:                                                      0300-149-1-5

Location:                                                        393 Accabonac Road

Current Owner:                                         Town of East Hampton

Approx. Acreage:                                            4.59 acres

Present Zoning Classification:                Parks & Conservation (PC)

New Zoning Classification:                   Commercial-Industrial (CI)

 

[SEE ATTACHED MAP.]

 

 

SECTION III. - SEVERABILITY:

 

              Should any part or provision of this Local Law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole nor any part thereof other than the part so decided to be unconstitutional or invalid.

 

SECTION IV. - EFFECTIVE DATE:

 

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

                                    

and be it further

 

RESOLVED, that the Town Clerk is hereby directed to publish a Notice of Public Hearing in the May 18, 2017 edition of the East Hampton Star as a Notice of Public Hearing.

 

 

NOTICE OF PUBLIC HEARING

 

TAKE NOTICE that the Town Board will hold a public hearing on Thursday, July 6, 2017 at 6:30 p.m. or as soon thereafter as this matter may be heard, to consider a local law amending Chapter 255 ("Zoning") of the East Hampton Town Code at Article XII thereof (the "Use District (Zoning) Map") in order to change the use district (zoning) classification of certain lands from PC (Parks and Recreation) to Commercial/Industrial (CI), said local law to read as follows:

 

A Local Law providing for the amendment of Chapter 255 ("Zoning") of the East Hampton Town Code at Article XII thereof (the "Use District (Zoning) Map"), in order to change the use district (zoning) classification of certain lands located in the Town of East Hampton, such parcels being identified as SCTM #0300-149-1-004 & 005 from PC (Parks and Conservation) to Commercial/Industrial (CI) zoning classification, said Local Law to read as follows:

 

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

 

SECTION I. - FINDINGS AND OBJECTIVES:

 

              This local law proposes to change the use district classification of certain properties that were erroneously designated PC (Parks and Conservation) to Commercial/Industrial (CI) zoning designation, as a more appropriate use designation in view of the existing and pre-existing uses on the premises.

 

              The subject parcels consist of two narrow (approx. 85 Ft. +/- each) parcels which run from Springs Fireplace Road to Accabonac Road and are identified on the Suffolk County Tax Map as SCTM #0300-149-1-004 & 005. Pursuant to the recommendations of the 2005 Comprehensive Plan, which recommended that Town owned properties immediately north of the Town Recycling Center and Transfer Station be rezoned from A Residence to Parks and Conservation (PC), these properties, together with SCTM #0300-149-1-003 were rezoned for Parks & Conservation use.  However, only SCTM #0300-149-1-003, which is approximately 260 +/-feet in width, was wooded and had the potential to provide some buffering from the commercial uses at the Town's Recycling Center/Transfer Station and Scavenger Waste facility.  The two other parcels, SCTM #0300-149-1-004 & 005 are, and were at the time of their rezoning to PC, heavily disturbed and utilized in connection with the Town Recycling Center and Transfer Station, as well as the Town Scavenger Waste Treatment facility.   An examination of the tax map parcel list included in the Comprehensive Plan shows all three parcels on that list recommended for re-zoning to Commercial-Industrial use.  Reviewing the conflicting recommendations of the two sections of the Comprehensive Plan, and the existing uses of the parcels, it appears that only SCTM #0300-149-1-003 was suitable for and intended to be re-zoned to PC, while the other two parcels, SCTM #0300-149-1-004 & 005, were intended to be re-zoned to Commercial-Industrial (CI), to provide for their zoning classification to be consistent with their use.

             

              The Town Board has determined that rezoning SCTM #0300-149-1-004 & 005 for Commercial/Industrial (CI) and retaining the Parks & Conservation (PC) zoning for SCTM #0300-149-1-003 is appropriate and consistent with the recommendations of the Comprehensive Plan and meets the goal intended by such Plan.   

 

SECTION II. - TOWN CODE AMENDED:

 

              Chapter 255 ("Zoning") of the East Hampton Town Code is hereby amended at Article XII, "Use District (Zoning) Map," to provide for a change in the Use District Classification for certain lands as shown on the accompanying map and as more fully described below:

 

SCTM #:                                                      0300-149-1-4

Location:                                                        401 Accabonac Road

Current Owner:                                         Town of East Hampton

Approx. Acreage:                                                      4.77 acres             

Present Zoning Classification:                Parks & Conservation (PC)

New Zoning Classification:                   Commercial-Industrial (CI)

 

[SEE ATTACHED MAP.]

 

SCTM #:                                                      0300-149-1-5

Location:                                                        393 Accabonac Road

Current Owner:                                         Town of East Hampton

Approx. Acreage:                                            4.59 acres

Present Zoning Classification:                Parks & Conservation (PC)

New Zoning Classification:                   Commercial-Industrial (CI)

 

[SEE ATTACHED MAP.]

 

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.

 

                                    

              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, and actually received before the date and time of the hearing.

 

DATED: May 18, 2017                            BY ORDER OF THE TOWN BOARD

                                                                      TOWN OF EAST HAMPTON, NEW YORK

                                                                          CAROLE BRENNAN, TOWN CLERK

 

RESOLUTION:              2017-597

CATEGORY:                            Artist Studio

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Accept Artist Studio Declaration - 408 Old Montauk Highway

 

              WHEREAS, pursuant to Section 255-11-88 of the East Hampton Town Code, Jerry & Linda Ehrenwald, have submitted to the Town an Artist Studio Declaration providing for the construction of a detached artist studio on premises located at 408 Old Montauk Highway, East Hampton, New York 11937 (SCTM# 300-22-1-3.3) and;

 

              WHEREAS, the Declaration has been reviewed and approved by the Town Attorney as to form, content and manner of execution as required by the Town Code; now, therefore, be it

 

              RESOLVED, that the Artist Studio Declaration of Jerry & Linda Ehrenwald, covering the above mentioned property, is hereby approved and accepted, and be it further

 

              RESOLVED, that said declaration must be recorded by the property owner in the Office of the Suffolk County Clerk and a copy of the recorded declaration returned to the Town Clerk prior to the use and occupancy of the structure as an Artists Studio.

 

RESOLUTION:              2017-598

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

East Hampton Farm Corp. Waiver of Building Permit Fee

 

Whereas, East Hampton Farm Corp. has a license agreement with the Town of East Hampton to showcase a Farm Museum, said property is located at the corner of Cedar Street and North Main Street (SCTM 0300-163-6-25, 26 & 31); and

 

Whereas, the property contains a restored barn within which the Farm Museum proposes to make some modifications to further its ability to display historic farm equipment for the public; and

 

Whereas, the Town Board has reviewed and approved said proposal subject to approval of the Town's Building Department; and

 

Whereas, it is the Boards understanding that this work will require a building permit; and now therefore be it

 

Resolved, the Town Board waives any associated fees for obtaining said permit

Financial Impact:

Cost of a Building Permit fee

 

D.              COUNCILMAN OVERTON

 

RESOLUTION:              2017-599

CATEGORY:                            Bond

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Clerk

BOND - $189,100 Various Projects

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED MAY 18, 2017, AUTHORIZING VARIOUS PROJECTS IN AND FOR THE TOWN, STATING THE ESTIMATED TOTAL COST THEREOF IS $189,100, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE AND AUTHORIZING THE ISSUANCE OF BONDS OF THE TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $189,100 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 construct, acquire or undertake the various projects as described in column A of Schedule I attached hereto and hereby made a part hereof, at the respective estimated maximum costs indicated in column B of such Schedule I.  The estimated total cost of such projects, including preliminary costs and costs incidental thereto and the financing thereof, is $189,100 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 $189,100 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 aggregate principal amount of not to exceed $189,100 are hereby authorized to be issued in the principal amounts indicated in column C of Schedule I for each of the respective objects or purposes indicated in column A of such Schedule I, 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 “Law”), to finance the appropriation referred to herein.

Section 3.               (a) The periods of probable usefulness of the objects or purposes for which said bonds are authorized are to be issued, within the limitations of the respective subdivisions of Section 11.00 a. of the Law as referenced in column E of the attached Schedule I, are set forth in column D of the attached Schedule I.

(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 not exceed five 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 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 as 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 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 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 “The East Hampton Star,” a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication.

SCHEDULE I

 

A

B

C

D

E

Project Description (object or purpose)

Estimated Maximum Cost

Amount of Bonds Authorized

Period of Probable Usefulness

PPU Section 11.00 a. Reference

 

 

 

 

 

Acquisition of Computer hardware and software

$104,100

$104,100

5

32 & 108

Acquisition of buses

50,000

50,000

5

29

Acquisition of vehicles

    35,000

    35,000

3

77

Totals:

$189,100$189,100

 

 

 

 

RESOLUTION:              2017-600

CATEGORY:                            Bond

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Clerk

BOND - $440,000 Construction & Improvements Various Town Facilities

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED MAY 18, 2017, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO VARIOUS TOWN FACILITIES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $440,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $440,000 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 construct improvements to various Town facilities.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $440,000 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 $440,000 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 $440,000 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. 12(a)(3) of the Law, is ten (10) 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 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 of the Law 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 is subject to a permissive referendum and the Town Clerk of said Town of East Hampton is hereby authorized and directed to cause to be published, in full, within ten (10) days after the adoption of this resolution, in “The East Hampton Star” which is 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:

LEGAL NOTICE

TOWN OF EAST HAMPTON, NEW YORK

PLEASE TAKE NOTICE that on May 18, 2017, the Town Board of the Town of East Hampton, in the County of Suffolk, New York, adopted a bond resolution entitled:

“Bond Resolution of the Town of East Hampton, Suffolk County, New York, adopted May 18, 2017, authorizing the construction of improvements to various Town facilities, stating the estimated maximum cost thereof is $440,000, appropriating said amount for such purpose and authorizing the issuance of bonds in the principal amount of not to exceed $440,000 to finance said appropriation”

an abstract of such bond resolution, concisely stating the purpose and effect thereof, being as follows:

FIRST:  AUTHORIZING the construction of improvements to various Town facilities; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $440,000; 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 $440,000 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 General Fund - Townwide, as determined by the Town Board;

SECOND:  AUTHORIZING the issuance of bonds of the Town in the principal amount of not to exceed $440,000 pursuant to the Local Finance Law of the State of New York (the “Law”) to finance said appropriation;

THIRD:  DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said 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 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, and the renewals thereof, and other related powers; and

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

DATED: May 18, 2017

  CAROLE A. BRENNAN
Town Clerk

Section 10.  The Town Clerk is hereby directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the newspaper(s) referred to in Section 9 hereof, and hereby designated the official newspaper(s) for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York.

 

RESOLUTION:              2017-601

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Bookkeeping

Pay - Out  Robert Sisk

 

WHEREAS, in accordance with the CSEA/Town of East Hampton bargaining unit agreement and the policy of the town of East Hampton earned Vacation, Sick & Compensatory time is to be paid upon retirement from employment, and

 

              WHEREAS, Robert Sisk retired his full-time employment effective January 11, 2017, and audited time records indicate that he has an accrued vacation time balance of 6.67 hours, accrued sick time balance of 10.2 hours, and accrued compensatory time of 118.38 hours now therefore be it

 

              RESOLVED, that the Finance Office be authorized to cut a check through payroll from the appropriate payroll account for vacation time $ 196.66, sick time  $ 300.73, compensatory time $ 3,490.32  for a gross total of $3,958.23 to Robert Sisk as a final pay-out and be it further

 

              RESOLVED that the Town Clerk is requested to forward a copy of this resolution to the appropriate parties

 

RESOLUTION:              2017-602

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

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Attorney

Retain Drew Bennett - Engineering & Permitting Services - Montauk Hatchery Renovation & Alteration.

 

              WHEREAS, the Town requires professional engineering services to design and prepare construction drawings and provide oversight for the renovation and alteration of the Town Hatchery at Montauk; and

 

              WHEREAS, D.B. Bennett, Consulting Engineer, has submitted a proposal for professional services, to provide the preparation of construction drawings, and the preparation of applications to the Suffolk County Department of Health Services for water and wastewater systems and the Town Building Department for permits to construct, as well as providing site inspections, construction monitoring and related services, for up to a total of 24 hours for such tasks, at a cost not to exceed $10,080.00, all as set forth in their proposal dated April 20, 2017, a copy of which is attached; now, therefore, be it

 

              RESOLVED, that D. B. Bennett, Consulting Engineer, is hereby retained to provide engineering services for the renovation and alteration of the Montauk Hatchery, as set forth in their proposal date April 20, 2017, at a cost not to exceed $10,080.00, and be it further

 

              RESOLVED, that D. B. Bennett Consulting Engineer shall be paid at the rate of $135/hr. for Principal Engineer and $105/hr. for Project Engineer, as set forth in the proposal, to be paid from Budget Account # HA1620-52010 16055.

Financial Impact:

Total cost not to exceed $10,080 from Budget Acct. HA1620 52010 16055

 

 

RESOLUTION:              2017-603

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Attorney

Retain Law Office of Vincent Toomey General Matters 2017 - Increase Limit to $100,000.00

 

              WHEREAS, the Town Board retained the LAW OFFICE OF VINCENT TOOMEY to represent the Town in Labor related and employment matters; and now therefore, be it

 

              RESOLVED, that an increase in fees is required and such increase shall be capped at $100,000.00,to be spent on legal services provided by the LAW OFFICE OF VINCENT TOOMEY, with any further expenditures to be subject to review and approval of the Town Board; and be it further

 

              RESOLVED that payment to said counselor(s) shall be paid in accordance with the fee schedule set forth in Resolution 2017-139, upon voucher properly submitted, from the budget account A 1420 54520 in an amount not to exceed $100,000.00.

 

RESOLUTION:              2017-604

CATEGORY:                            Home Rule Request

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Attorney

Home Rule Request S.5558/A.7174 to Reduce the Maximum  Speed Limit Along Certain Designated Streets in Such Town to Not Less Than 20 Miles Per Hour

 

Title of Bill:  AN ACT authorizing the town of East Hampton to reduce the maximum speed limit along certain designated streets in such town to not less than 20 miles per hour; and, 

 

WHEREAS, a Home Rule Request has been received in support of the above captioned legislation; and

 

WHEREAS, there are certain public streets within the Town where reducing the speed llimit to to less than 30 miles per hour, but more than 20 miles per hour, would benefit vehicular and public safety, to wit: Indian Hill Road, Miller Lane and Miller Lane East and Miller Lane West, 8 Bluff Road, Mako Lane, Marine Boulevard, Atlantic Avenue, Main Street  (Wainscott), Wainscott Stone Road, and Indian Wells Highway; and

 

WHEREAS, the Town currently lacks state enabling legislation that would authorize the Town to reduce the speed limits on these public roads below 30 miles per hour,  but in no event less than 20 miles per hour; now, therefore be it

 

RESOLVED, that the Town Board of the Town of East Hampton supports this initiative, approve the Home Rule Request in furtherance of Senate Bill S.5558 and Assembly Bill A.7174 and pursuant to Article IX of the State Constitution and Municipal Home Rule Law, hereby requests the New York State Legislature enact such legislation; and, be it further

 

RESOLVED, that the Town Clerk is requested to execute and certify the attached Home Rule Request forms and forward them to the appropriate agencies.

E.              SUPERVISOR CANTWELL

 

RESOLUTION:              2017-605

CATEGORY:                            Bond

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Clerk

Bond - $146,500 - Various Projects

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED MAY 18, 2017, AUTHORIZING VARIOUS PROJECTS IN AND FOR THE TOWN, STATING THE ESTIMATED TOTAL COST THEREOF IS $146,500, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE AND AUTHORIZING THE ISSUANCE OF BONDS OF THE TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $146,500 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 construct, acquire or undertake the various projects as described in column A of Schedule I attached hereto and hereby made a part hereof, at the respective estimated maximum costs indicated in column B of such Schedule I.  The estimated total cost of such projects, including preliminary costs and costs incidental thereto and the financing thereof, is $146,500 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 $146,500 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 - Part Town, as determined by the Town Board.

Section 2.              Bonds of the Town in the aggregate principal amount of not to exceed $146,500 are hereby authorized to be issued in the principal amounts indicated in column C of Schedule I for each of the respective objects or purposes indicated in column A of such Schedule I, 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 “Law”), to finance the appropriation referred to herein.

Section 3.               (a) The periods of probable usefulness of the objects or purposes for which said bonds are authorized are to be issued, within the limitations of the respective subdivisions of Section 11.00 a. of the Law as referenced in column E of the attached Schedule I, are set forth in column D of the attached Schedule I.

(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 not 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 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 as 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 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 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 “The East Hampton Star,” a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication.

SCHEDULE I

 

A

B

C

D

E

Project Description (object or purpose)

Estimated Maximum Cost

Amount of Bonds Authorized

Period of Probable Usefulness

PPU Section 11.00 a. Reference

 

 

 

 

 

Acquisition of computer equipment and software

$   55,000

$  55,000

5

32 & 108

Replacement of carpet in Police Building

30,000

30,000

5

32

Acquisition of equipment for field use and storage

46,500

46,500

5

32

Prepare map and survey for installation of cell towers in Wainscott and Montauk

10,000

10,000

5

62

Acquisition of Emergency Services Unit equipment

    5,000

    5,000

5

32

Totals:

$146,500$146,500

 

 

 

 

RESOLUTION:              2017-606

CATEGORY:                            Appointments

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Human Resources

Appoint Vincent Rantinella Sergeant in the East Hampton Town Police Department

 

RESOLVED, that Vincent Rantinella be and is hereby appointed Sergeant in the East Hampton Town Police Department (as contingent status through July 22, 2017; permanent status on July 23, 2017) at an annual base salary of $126,547.87 to be paid bi-weekly from Budget Account B3120-51100 upon proper submission of time records; said appointment is to take effect on May 29, 2017.

 

RESOLUTION:              2017-607

CATEGORY:                            Appointments

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Human Resources

Appoint Daniel Toia Detective Sergeant in the East Hampton Town Police Department

 

RESOLVED, that Daniel Toia be and is hereby appointed Detective Sergeant in the East Hampton Town Police Department (as contingent status through July 22, 2017; permanent status on July 23, 2017) at an annual base salary of $132,956.58 to be paid bi-weekly from Budget Account B3120-51100 upon proper submission of time records; said appointment is to take effect on May 29, 2017.

 

RESOLUTION:              2017-608

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Bookkeeping

Amend Budget and Approve Payment for 2016 Noise Enforcement Training

 

Whereas, In 2016 the Town contracted with Rutger's University Noise Technicial Assistance Center to conduct on-site Noise Enforcement Training for various Town deparments. The Town of Southampton also participated and will share the cost of the training $7,620.94. East Hampton's share is $5,443.52  , and

Whereas A Purchase Order was not prepared and the Vendor failed to submit an invoice until May 2,2017and this invoices for 2016 was not paid prior to year end close, now therefore be it

Resolved, the Town Board directs the Town Budget Officer to amend the 2017 Budget with a transfer from B Fund Contingency to cover the 2016 expenditure as follows:

FROM: Budget Line  B1990 54980 Contingency              in the amount of  $5443.52

TO: Budget Line B3622 54200 Travel,Conference    in the amount of $2540.31

    Budget Line B3120 54231 Training                            in the amoount of  $725.80

    Budget Line B3620 54200 Travel Conference              in the amount of   $362.90

    Budget Line B3621 54231 Training                             in the amount of  $1088.71

    Budget Line B1420 54200 Travel, Conference              in the amount of   $725.80

And Be it further

Resolved, That the the payment of this 2016 is hereby authorized. 

Financial Impact:

$5,443.52 Funded through Contingency B Fund.

 

 

RESOLUTION:              2017-609

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Bookkeeping

Pay - Out Robert Gurney

 

WHEREAS, the P.B.A. Contract specifies that a police officer, upon retirement, shall receive compensation for unused sick days, vacation days and appropriate compensation for Holidays and Night Differential, and

 

WHEREAS, Robert Gurney, retired effective at the close of business on April 22, 2017, and be it further

 

RESOLVED, that the Supervisor is directed to issue Robert Gurney final check in the amount of $ 113,307.86 representing the following:

 

  

                     162.625               Accumulated sick days (calculated per contract)

                      24.59              Accumulated vacation days

                       5.2              Accumulated personal day

                                            ($633.33)              Less pro rated clothing allowance  

                

and be it further,            

 

RESOLVED, that a copy of this resolution be forwarded to the

Personnel Officer, Town Budget Office, Chief Sarlo.

 

RESOLUTION:              2017-610

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Bookkeeping

Budget Modification to Refurbish Town Hall Upper Floor

 

Whereas, the upper floor of the south wing of the historic Town Hall building is to be refurbished and finished so as to provide additional office space, and whereas the cost for the project has been estimated at between $45,000 and $50,000 using Town labor to reduce costs, now therefore be it

 

Resolved, that the Town Board directs the Budget Office to make the following budget adjustment for 2017 to make available the necessary funds to pay for the refurbishing which the Town Board approves for immediate action:

 

Add $50,000 to A041775 Appropriation of Undedicated Surplus

Add $50,000 to A1620-54550 Buildings and Grounds Repairs

 

RESOLUTION:              2017-611

CATEGORY:                            Rescinded Resolution

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Resolution Reinstating the License Agreement Revoked by Resolution #2017-560

 

RESOLVED, that the license agreement revoked by Resolution #2017-560, is hereby reinstated upon all the terms, obligations and conditions of the written license agreement.

 

RESOLUTION:              2017-612

CATEGORY:                            Bids to Notice

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Purchasing

Notice to Bidders - EH17-027 - Baker House Site Work  Bid Available 5/25/17 - Bid Due 6/9/17

 

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 Friday, June 9, 2017 at 1:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

                                          Baker House Site Work

 

A Pre-Bid Meeting and Site Visit will be held at 11:00 a.m. on Friday, June 2, 2017 at the Baker House Site, 149 Pantigo Road, East Hampton.  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 May 25, 2017.  These specifications have met with the approval of the Purchasing Department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Baker House Sire Work"

 

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 1:00 p.m. on the date noted above, at which time they will be opened and publicly read aloud. 

 

Bid #                                          Name                                                                                          Opening Date             

 

EH17-027                            Baker House Site Work                                          June 9, 2017                                                                     

                                                                                                                             

;and, be it further

 

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

 

RESOLUTION:              2017-613

CATEGORY:                            Bids to Notice

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Purchasing

Notice of Proposal - RFP EH2017-106 - Implementation of Specialized Bus Services  For Montauk  Proposal Available 5/25/17 - Proposal Due 6/8/17

 

WHEREAS, the Town of East Hampton wishes to obtain proposals for the Implementation of Specialized Bus Services for Montauk, RFP EH2017-106; now, therefore be it

 

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

 

                                                        Request for Proposals

 

TAKE NOTICE, that sealed proposals will be received by the Purchasing Agent at 159 Pantigo Road on Thursday, June 8, 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 May 25, 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, at which time be publicly read aloud:

 

RFP #                            Name                                                                                                  Opening Date

EH2017-106              Implementation of Specialized                                            June 8, 2017

                            Bus Services for Montauk             

 

RESOLUTION:              2017-614

CATEGORY:                            Bids to Notice

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Purchasing

Notice to Bidders - HVAC: Repairs, Services & Installation -  Bid No. EH/Sag-17-901  Bid Available 5/25/17 - Bid Due 6/15/17

 

WHEREAS, the Town of East Hampton and Sag Harbor UFSD wishes to perform public works bid cooperatively in excess of $35,000.00; and

 

WHEREAS, pursuant to GML 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 Buildings & Grounds 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 Town of East Hampton Purchasing Agent, Purchasing Department, Town Hall on June 15, 2017 at 3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

                                                  HVAC: Repairs, Services & Installation

 

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 May 25, 2017.  These specifications have met with the approval of the Purchasing Department and Sag Harbor UFSD.

 

Each proposal must be submitted in a sealed envelope clearly marked "HVAC: Repairs, Service & Installation"

 

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                           

 

EH/SAG-17-901        HVAC: Repairs,Service & Installation                June 15, 2017

                                          Contract

and, be it further

 

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

 

RESOLUTION:              2017-615

CATEGORY:                            Home Rule Request

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Home Rule Request S.6040/A.7702 to Authorize Towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold to Establish a Tourism Marketing District to be Known as the Peconic Region Tourism Marketing District

 

Title of Bill:  An Act authorizing the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold in the county of Suffolk to establish a tourism marketing district to be known as the Peconic region tourism marketing district; and, 

 

WHEREAS, a Home Rule Request has been received in support of the above captioned legislation; and

 

WHEREAS, The East End of Long Island is comprised of the towns of East Hampton,

Riverhead, Shelter Island, Southampton and Southold in Suffolk County. This area has always been a popular tourist attraction. The beautiful beaches, bays, open spaces, farm fields, wineries, and farm-to-table restaurants provide unique recreational experiences for visitors and profitable economic opportunities for those who live and work on the East End; and

 

WHEREAS, This legislation would allow the five East End Towns to create a special tourism marketing district to be known as the "Peconic Region Tourism Marketing District to focus on improvements that will restore or promote tourism activity; now, therefore be it

 

RESOLVED, that the Town Board of the Town of East Hampton supports this initiative, approve the Home Rule Request in furtherance of Senate Bill S.6040 and Assembly Bill A.7702 and pursuant to Article IX of the State Constitution and Municipal Home Rule Law, hereby requests the New York State Legislature enact such legislation; and, be it further

 

RESOLVED, that the Town Clerk is requested to execute and certify the attached Home Rule Request forms and forward them to the appropriate agencies.

 

RESOLUTION:              2017-616

CATEGORY:                            Home Rule Request

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Home Rule Request S5075/A6400 Retirement Options Katherine Izzo

 

Title of Bill:  AN ACT to authorize the town of East Hampton, in the county of Suffolk, to offer certain retirement options to police officer Katherine Izzo; and, 

 

WHEREAS, a Home Rule Request has been received in support of the above captioned legislation; and

 

WHEREAS, the Town of East Hampton previously elected to offer the optional retirement plan established pursuant to section 384-d of the retirement and social security law to police officers employed by the Town; and

 

WHEREAS, for reasons not ascribable to her own negligence, Katherine Izzo failed to make a timely application to participate in such optional retirement plan although eligible for the same; now, therefore be it

 

RESOLVED, that the Town Board of the Town of East Hampton supports this initiative, approve the Home Rule Request in furtherance of Senate Bill S.5075 and Assembly Bill A.6400 and pursuant to Article IX of the State Constitution and Municipal Home Rule Law, hereby requests the New York State Legislature enact such legislation; and, be it further

 

RESOLVED, that the Town Clerk is requested to execute and certify the attached Home Rule Request forms and forward them to the appropriate agencies.

F.              ADDITIONAL RESOLUTIONS

 

RESOLUTION:              2017-617

CATEGORY:                            Acquisitions

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Kim Authorize CPF Acquisition and Amend 2017 M&S Plan

 

AUTHORIZE CPF ACQUISITION

 

 

Purported Owner:              James and Maryellen Kim

Location:                            161 Fairview Ave., Montauk

SCTM #:                            300-28-6-4.1

 

              WHEREAS, pursuant to § 247 of the General Municipal Law of the State of New York, the Town Board held a public hearing on May 18, 2017 to consider acquisition of approximately .5 acres of land located on 161 Fairview Ave., Montauk which lands are identified on the Suffolk County Tax Map as 300-28-6-4.1; and

 

              WHEREAS, the purported owner has expressed a willingness to sell the above referenced property in fee simple to the Town for the proposed purchase price of $420,000.00, plus survey, title, prorated tax, and recording charges; and

 

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

 

              WHEREAS, the acquisition of the subject property is classified as a Type II Action pursuant to the State Environmental Quality Review Act (SEQRA); and

 

              WHEREAS, the Town Board finds, pursuant to § 64-e (8) of the New York Town Law, that acquisition of the subject property by purchase is the best alternative, of all reasonable alternatives available to the Town, for protection of the community character of the Town of East Hampton; and

 

              WHEREAS, on February 2, 2017 (and amended via resolution on May 4, 2017) the Town Board adopted the 2017 Management & Stewardship Plan (M&S Plan) for CPF properties pursuant to Town Law 64-e (6) which requires a property to be included in this Plan in order to expense any management and stewardship costs to the Community Preservation Fund; and

 

              WHEREAS, said M&S Plan shall be in effect for calendar year 2017 with updates permitted from time to time at the discretion of the Town Board after a public hearing; and

 

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

 

              NOW, THEREFORE, BE IT RESOLVED, that the Supervisor is hereby authorized and directed to enter into a contract of sale with the record owner of the subject property, reputedly James and Maryellen Kim, for the purpose of acquiring said property at a cost to the Town of East Hampton not to exceed $420,000.00, plus reasonable survey, title, prorated tax, and recording charges; and be it further

 

              RESOLVED, that pursuant to contract the Supervisor is authorized and directed to execute any documents and the Town Budget Officer is directed to pay the purchase price and any and all reasonable survey, title, prorated tax, and recording charges, as may be necessary to effect the transfer of title; and be it further

 

              RESOLVED, that the 2017 Management and Stewardship Plan is amended to include the above referenced property; and be it further

 

              RESOLVED, that pursuant to § 64-e of the New York Town Law, the acquisition of subject property also includes the acquisition of development rights and the right of the Town Board to transfer such rights at a future date; and be it further             

 

              RESOLVED, the monies to be expended for purchase of the foregoing property shall be drawn from the Town of East Hampton Community Preservation Fund Budget Account.

Financial Impact:

$420,000 plus closing costs from CPF budget account

 

 

RESOLUTION:              2017-618

CATEGORY:                            Easement

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Accept Grant of Bicycle Path Easement

 

              WHEREAS, a public hearing was held by the Town Board of the Town of East Hampton on July 3, 2014, on proposed grant of a Bicycle Path easement to the Town pursuant to Section 247 of the General Municipal Law; 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 Bicycle Path easement listed below and authorizes the Supervisor to execute same on behalf of the Town and the Town Clerk is directed to return it to the applicant for recording pursuant to the  Planning Board's Approval, and record same in the Office of the Suffolk County Clerk.

 

GRANTOR: 28 Thomas Investors LLC

TYPE OF EASEMENT: Bicycle Path

DATE OF EASEMENT: February 22, 2017

LOCATION:              28 Thomas Lane, East Hampton

                            SCTM #300-167-4-9

REVIEWING AGENCY:               Planning Bd.

 

RESOLUTION:              2017-619

CATEGORY:                            Public Hearing

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Adopt Amendment Considering Chapter 2:  Access to Public Records to the East Hampton Town Code to Adopt Guidelines to Access Public Records Within the Town of East Hampton

 

WHEREAS, the Town of East Hampton held a hearing on May 18, 2017 at 6:30 p.m. to consider certain changes to the East Hampton Town Code to adopt Chapter 2 (Access of Public Records) both Article I and Article II; and

 

WHEREAS, the Town Board believes the proposed amendments are in the best interests of the Town and wishes to proceed with the proposed amendments; and

WHEREAS, the proposed amendments are a Type II action under the New York State Environmental Quality Review Act (SEQRA) and Chapter 128 (Environmental Quality Review) of the Town Code, now therefore, be it

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

NOTICE OF PUBLIC HEARING

 

Introductory No. 13 of 2017

Local Law No.  ___ - 2017

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

SECTION 1. Town Code Amended.

Chapter 2 (Access to Public Records) is hereby updated to read and include the following underlined words within the section:

Article I: Public Access to Records

§ 2.1 Purpose.

§ 2.2 Definitions.

§ 2.3 Custodian of records.

§ 2.4 Public information requests.

§ 2.5 Requesting FOIL documents.

§ 2.6 Access to records; fees.

§ 2.7 Exclusion of records.

§ 2.8 Fees for FOIL requests.

 

Article II: Open Meetings

§ 2.9 Town Board meetings.

 

Article I:  Public Access to Records

§ 2.1 Purpose.

The purpose of these rules and regulations is to provide guidelines for the care, custody, retention, disposition and accessibility of public records of the Town of East Hampton pursuant to Public Officers Law, Article 6, § 84-90.

§ 2.2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

PUBLIC RECORDS

Any information kept, held, filed, produced or reproduced by, with or for an agency or the state legislature, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes.

TOWN

Town department agencies included but not limited to any water district, sewage district, drainage district or other special district established by law for any purpose operating for and on behalf of the Town of East Hampton and directly under its jurisdiction.

§ 2.3 Custodian of records.

The Town Clerk shall have custody of all the records, books and papers of the Town. However, since official records of the Town of East Hampton are so vast and since the efficient operation of the Town's daily business requires that official records be maintained in close proximity to where such daily business takes place and since § 146 of the Education Law authorizes the filing and storage of records in the buildings in which they are ordinarily used, the various department heads who have care and custody of official records shall:

A.              Act for and be under the direction of the Town Clerk in all matters concerning records retention, maintenance, filing, disposition and accessibility to the public.

B.              Be held responsible for all laws, rules and regulations imposed upon the Town Clerk as official custodian of the Town records.

§ 2.4 Public information requests.

Individual department, division or bureau heads shall make available records to the public in compliance with the New York State Freedom of Information Law. The Town Clerk, as the custodian of all the records, books and papers of the Town, shall be the receiver of all requests.  The Town Clerk, as the custodian of all the records, books and papers of the Town, can direct any officer, department, division or bureau head or committee chairman as to the proper care, handling and disposition of any and all Town records, books and/or papers.  If the request cannot be completed in the allocated five days the Town Clerk shall send notice to the requestor of such information and provide a reasonable time frame for the completion of the FOIL request.

The Town Attorney shall be the supervising officer for the purpose of any denial to records access pursuant to any request made under the New York State Freedom of Information Law.

§ 2.5 Requesting FOIL documents.

All FOIL request shall be clear and concise and submitted using the form located on the Town of East Hampton’s website at http://www.ehamptonny.gov.  FOIL requests will be accepted via email, mail, or fax.

§ 2.6 Access to records; fees.

 

The Freedom of Information Law, Public Officers Law, Article 6, § 84-90, endows the people with the authority to inspect and receive copies of certain records possessed by local governments. As a consequence, the Town Clerk and department heads who have custody of official Town of East Hampton records shall make available for public inspection:

 

A.              Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases, for example:

a.              The final administrative decision in a disciplinary proceeding against an employee.

b.              A final decision of the Board of Appeals in deciding an appeal from a Building Department decision.

c.              Statements of policy and interpretations which have been adopted by the Town and any statistical or factual tabulations which led to the formulation of the policy.

d.              Minutes of meetings of the Town Board and of any public hearings.

e.              Final versions of Internal or external audits made by or for the Town.

f.              Administrative staff manuals and instructions to staff that affect members of the public.

g.              An itemized record setting forth the name, address, title and salary of every officer or employee, compiled by the fiscal officer charged with preparing payrolls. Such records shall be made available for inspection to bona fide members of the news media upon written notice, on Form AC375, a copy of which is attached, in the office of the Town Clerk during regular working hours.

B.              All books of minutes, entry or account and the books, bills, vouchers, checks, contracts or other papers connected with or used or filed in the office of or with any officer, board or commission acting for or on behalf of any town are declared to be public records and shall be open, subject to reasonable regulations to be prescribed by the officer having custody thereof, to the inspection of any taxpayer.

C.              All department heads who have custody of official Town records shall prepare, maintain and make available for public inspection current lists, reasonably detailed by subject matter, of such records.

D.              Each agency and department of the Town shall accept requests for public access to records and produce public records during all hours regularly open for business, which hours are ordinarily 9:00 a.m. to 4:00 p.m., Monday through Friday. In the case of an agency or department which does not have regular business hours, such agency or department shall establish a written procedure by which a person may arrange an appointment to inspect and copy public records.

§ 2.7 Exclusion of records.

The Freedom of Information Law provides for the exclusion of certain records or information from records which are made available by the statute in an effort to prevent any unwarranted invasion of personal privacy, such as:

 

(1)              Disclosure of personal matters reported to the Town in confidence which are not relevant or essential to the ordinary work of the Town.

(2)              Disclosure of an employment, vital statistics, medical or credit history or personal references of an applicant for employment, unless authorized by the applicant.

(3)              The sale or release of lists of names and addresses where it would be used for private, commercial or fund-raising purposes.

(4)              Information confidentially disclosed and maintained for the regulation of commercial enterprises, including licensing purposes, if such disclosure would permit an unfair advantage to competitors.

(5)              Information exempted by other statutes, such as:

a.              Secrecy provisions on income tax information.

b.              Names and addresses of persons receiving public assistance.

c.              Information which is part of investigatory files compiled for law enforcement purposes.

(6)              There is no right to remove any record from the office of any Town department, nor may public inspection be exercised at a time and in a manner so as to interfere with the work of any Town office.

§ 2.8 Fees for FOIL requests.

1.              All Fees shall be paid prior to any review or printing of the FOIL materials requested and is based on an estimate at the time of the initial search.  The Town of East Hampton reserves the right to request additional funds at the completion of the FOIL request.

2.              Fees according to the following schedule shall be paid by the public when the Town of East Hampton makes copies of records upon request:

a.              Copies of records up to 8 1/2 inches by 14 inches: $0.25 per copy.

b.              Searching fees. In the event that the request for public records does not indicate such public records in the manner in which such records are maintained in accordance with the law and searching of subsidiary records is required in order to produce such public records an additional fee may be accessed pursuant to Public Officers Law, Article 6, § 87.

 

Article II:  Open Meetings

§ 2.9 Town Board meetings.

The Town Board and the members thereof shall continue to conduct its meetings pursuant to the provisions of the Open Meetings Law as it existed prior to May 31, 1985, the effective date of Chapter 136 of the Laws of 1985.

SECTION 3. Authority.

The Town of East Hampton has the authority to add such rules pursuant to Article 2, §10, of the Municipal Home Rule Law.

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