East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

East Hampton Town Board meeting of July 6, 2017
East Hampton, New York

 

 

I.              Call to Order

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

 

Attendee Name

Present

Absent

Late

Arrived

Councilwoman Kathee Burke-Gonzalez

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¨

¨

 

Councilman Peter Van Scoyoc

¨

¨

¨

 

Councilwoman Sylvia Overby

¨

¨

¨

 

Councilman Fred Overton

¨

¨

¨

 

Supervisor Larry Cantwell

¨

¨

¨

 

II.              Public Hearings

1.              Christ Episcopal Church SPH NPH CPF Project Plan Addition

2.              Christ Episcopal Church SPH NPH CPF Acquisition and Amend 2017 M&S Plan

3.              Schedule Public Hearing and Notice of Public Hearing
55 Wainscott Hollow Subdivision Agricultural Easement

4.              SPH - Amend Chapter 255, Use District Map - Shelly

5.              SPH - Amend Chapter 255, Use District Map

6.              Order Calling for PH - Increase and Improvement Camp Hero Sewer District

III.              Public Portion

IV.              Resolutions

A.              COUNCILWOMAN BURKE-GONZALEZ

 

RESOLUTION:              2017-723

CATEGORY:                            Warrant Approval

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

7A Warrant- Approval of Claims $9,175,976.00

 

RESOLVED, that Claims on Warrant No. 7A/2017, in the amount of $9,175,976.00 Were audited by the Town Board and the Supervisor is hereby directed to pay same.

 

RESOLUTION:              2017-724

CATEGORY:                            Bond SEQRA

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

SEQRA Determination - Bonds for Various Purposes

 

WHEREAS, the Town Board has before it for consideration on July 6, 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:

 

 

              Installation of ADA accessible beach ramps/walkways in Montauk (A Fund) - less than               4,000 sq. ft. in total area.

          Acquisition of Low Boy Trailer for Highway Department                      

              Acquisition and installation of Waste Oil Heater for Highway Department

              Acquisition of Radios for Lifeguards (A Fund)

              Acqusition and installation of Blade Servers as part of Server replacement project

              IT Filter/Security/Firewall Upgrade Project

 

RESOLUTION:              2017-725

CATEGORY:                            Bond

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

BOND - $136,250 Computer Hardware and Software

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED JULY 6, 2017, AUTHORIZING THE ACQUISITION OF COMPUTER HARDWARE AND SOFTWARE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $136,250, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE AND AUTHORIZING THE ISSUANCE OF BONDS OF THE TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $136,250 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 computer hardware and software.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $136,250 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 $136,250 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 $136,250 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation.

Section 3.  The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 32 and 108 of the Law, is five (5) years.

Section 4.  The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized.  The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.

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

Section 6.  Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town.  The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.

Section 7.  Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and the powers and duties relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.

Section 8.  The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if:

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

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

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

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

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

 

RESOLUTION:              2017-726

CATEGORY:                            Bond

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

BOND - $180,00 Beach Ramps for Physically Challenged

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED JULY 6, 2017, AUTHORIZING THE CONSTRUCTION OF BEACH RAMPS AND WALKWAYS IN MONTAUK TO FACILITATE ACCESS BY THE PHYSICALLy CHALLENGED, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $180,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $180,000 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 beach ramps and walkways in Montauk to facilitate access by the physically challenged.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $180,000 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 $180,000 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 $180,000 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 (5) 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 July 6, 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 July 6, 2017, authorizing the construction of beach ramps and walkways in Montauk to facilitate access by the physically challenged, stating the estimated maximum cost thereof is $180,000, appropriating said amount for such purpose and authorizing the issuance of bonds in the principal amount of not to exceed $180,000 bonds 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 beach ramps and walkways in Montauk to facilitate access by the physically challenged; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $180,000; 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 $180,000 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 not to exceed $180,000 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 $180,000 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: July 6, 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:              2017-727

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Human Resources

Increase Full Time Hours for Arlene Hallock in Human Services

 

WHEREAS, Arlene Hallock is a full time senior clerk typist in Human Services working 35 hours per week, and

 

WHEREAS, The Town of East Hampton's Schedule A lists the title of senior clerk typist with a 30/35/40 hour per week option for full time status, and now therefore be it

 

RESOLVED, Arlene Hallock will be scheduled for 40 hours per week with no change in salary or budget account effective July 10, 2017.

 

RESOLUTION:              2017-728

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Human Resources

Increase Full Time Hours for Employees in Human Services

 

WHEREAS, Deborah Morici and Rhonda Daniels are full time assistant cooks in Human Services working 35 hours per week, and

 

WHEREAS, The Town of East Hampton's Schedule A lists the title of assistant cook with a 30/35/40 hour per week option for full time status, and now therefore be it

 

RESOLVED, Deborah Morici and Rhonda Daniels will each be scheduled for 40 hours per week with no change in salary or budget account effective July 10, 2017.

 

RESOLUTION:              2017-729

CATEGORY:                            Bids Rejected

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Purchasing

Reject Proposal EH2017-105 - Professional Marketing & Research Service Company for Town of East Hampton

 

WHEREAS, the Town Board did solicit proposals for a Professional Marketing & Research Service Company for Town of East Hampton - RFP #EH2017-105; and

 

WHEREAS, the Town Board reserves the right to reject any and all bids and proposals; now, therefore, be it

 

RESOLVED, that the Town Board hereby rejects the Request for Proposal for a Professional Marketing & Research Company for Town of East Hampton in response to the Purchasing Agent's Notice of Proposal dated May 11, 2017 and Notice of Proposal Resolution #2017-492, dated May 4, 2107; and the Purchasing Agent is directed to send a copy of this resolution to all parties submitting proposals.

 

RESOLUTION:              2017-730

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Bookkeeping

Budget Mofification - Senior Nutrition Program

 

Resolved, that the Budget Office modify the 2017 Operating Budget at the request of the Human Services department head to purchase a new refrigerator for the senior nutrition program to replace one that is almost non-operational:

 

From A1990-54980 (Contingency) $2,000 to A6772-52600 (Other Equipment - Nutrition)

B.              COUNCILMAN VAN SCOYOC

 

RESOLUTION:              2017-731

CATEGORY:                            Bond

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Clerk

BOND - $30,000 Wast Oil Heater

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED JULY 6, 2017, AUTHORIZING THE Acquisition AND INSTALLATION OF A WASTE OIL HEATER FOR THE HIGHWAY DEPARTMENT, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $30,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $30,000 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 a waste oil heater for the Highway Department.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $30,000 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 $30,000 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 $30,000 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. 13 of the Law, is fifteen (15) 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 (5) 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 July 6, 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 July 6, 2017, authorizing the acquisition and installation of a waste oil heater for the Highway Department, stating the estimated maximum cost thereof is $30,000, appropriating said amount for such purpose and authorizing the issuance of bonds in the principal amount of not to exceed $30,000 bonds 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 a waste oil heater for the Highway Department; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $30,000; 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 $30,000 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 not to exceed $30,000 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 fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said $30,000 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: July 6, 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:              2017-732

CATEGORY:                            Bond

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Clerk

BOND - $45,000 Low Boy Trailer Highway Dept.

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED JULY 6, 2017, AUTHORIZING THE Acquisition of A LOW BOY TRAILER FOR USE BY THE HIGHWAY DEPARTMENT, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $45,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $45,000 TO FINANCE SAID APPROPRIATION.

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

Section 1.  The Town of East Hampton, in the County of Suffolk, New York (herein called the “Town”), is hereby authorized to acquire a Low Boy Trailer for use by the Highway Department.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $45,000 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 $45,000 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 Highway Fund, as determined by the Town Board. 

Section 2.  Bonds of the Town in the principal amount of not to exceed $45,000 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. 28 of the Law, is fifteen (15) 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 (5) 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 July 6, 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 July 6, 2017, authorizing the acquisition of a Low Boy Trailer for use by the Highway Department, stating the estimated maximum cost thereof is $45,000, appropriating said amount for such purpose and authorizing the issuance of bonds in the principal amount of not to exceed $45,000 bonds to finance said appropriation,”

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

FIRST:  AUTHORIZING the acquisition of a Low Boy Trailer for use by the Highway Department; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $45,000; 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 $45,000 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 not to exceed $45,000 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 fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said $45,000 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: July 6, 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:              2017-733

CATEGORY:                            Committees

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Board

Appoint Laura Tooman as CCOM Representative - 2017 Coastal Assessment and Resiliency Planning Committee

 

              WHEREAS, by Resolution No. 2015-716, adopted June 18, 2015, the Town of East Hampton was awarded a New York State Department of State grant to develop a Coastal Assessment Resiliency Plan ("CARP"), and the Town entered into an agreement with the New York State Department of State to carry out the Coastal Assessment Resiliency Plan; and

 

              WHEREAS, a CARP Committee - 2017 (RESOLUTION 2017-35) was appointed to satisfy the requirements of the contract, and this Committee manages and administers the activities of this initiative; and

 

              WHEREAS, the Town Board appointed Jeremy Samuelson to be a committee member and represent CCOM, and he would now like to remain a member, but not represent CCOM:

 

              now, therefore be it RESOLVED, that the East Hampton Town Board hereby appoints Laura Tooman as member of the 2017 CARP Committee to replace Jeremy Samuelson as the CCOM representative to the committee for the calendar year 2017; And, be it further

 

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

 

RESOLUTION:              2017-734

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint David Milia Seasonal Student Intern I in Aquaculture

 

RESOLVED, David Milia be and is hereby appointed seasonal student intern I in Aquaculture at the hourly salary of $13.00 to be paid bi-weekly from budget account A8740-51200 upon proper submission of time records; appointment is effective retroactive to June 26, 2017 through September 15, 2017.

 

RESOLUTION:              2017-735

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Seasonal Student Intern II to Aquaculture

 

RESOLVED, Tali Friedman be and is hereby appointed seasonal student intern II in Aquaculture at the hourly salary of $13.50 to be paid bi-weekly from budget account A8740-51200 upon proper submission of time records; appointment is effective July 10, 2017 through September 15, 2017.

 

RESOLUTION:              2017-736

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Seasonal Lifeguards to the Recreation Department

 

RESOLVED, Brian Bottini and Aiden Faherty be and are hereby appointed seasonal ocean lifeguards at the hourly salary of $14.50 to be paid bi-weekly from budget account A7180-51200 upon proper submission of time records; appointments are in effect retroactive to June 27, 2017 through September 15, 2017.

 

RESOLUTION:              2017-737

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Chester Lindley Seasonal Laborer in Aquaculture

 

RESOLVED, Chester Lindley be and is hereby appointed seasonal laborer in Aquaculture at an hourly salary of $18.00 to be paid bi-weekly from budget account A8740-51200 upon proper submission of time records; appointment is effective retroactive to July 3, 2017 through September 15, 2017.

 

RESOLUTION:              2017-738

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Reed Jones Volunteer in the Recreation Department

 

RESOLVED, Reed Jones be and is hereby appointed temporary volunteer in the Recreation Department effective July 7, 2017.

 

RESOLUTION:              2017-739

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, at the salaries and titles listed below, to be paid bi-weekly from budget account A7020-51200 upon proper submission of time records; appointments effective July 7, 2017:

 

Tsuyumi Kobayashi                                          Recreation Specialist                                          $20.20

Brandon Baez                                                        Recreation Aide                                          $10.00

 

RESOLUTION:              2017-740

CATEGORY:                            Fees

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Set Fines for Violations of Section 240-18C

 

WHEREAS, Chapter 240 (Vehicle and Traffic), Section 47 (Penalties for Offenses), Paragraph A, sets forth that convictions of traffic infractions under this Chapter are punishable by a fine to be set from time to time by Resolution of the Town Board;

 

WHEREAS, on June 15, 2017 the Town Board adopted Resolution 2017-718 creating a new Section 240-18C (Parking of Taxicabs and TNC Vehicles prohibited certain hours);

 

NOW, THEREFORE, BE IT:

 

RESOLVED, that the following fine schedule for violations of Section 240-18C is hereby adopted and shall remain effective until modified by further Resolution of this Board:

 

A first violation of 240-18C shall be punishable by a fine of no more than $250; a second conviction shall be punishable by a fine of not less than $250 nor more than $500; and a third or subsequent conviction shall be punishable by a fine of not less than $500 nor more than $750.

 

RESOLUTION:              2017-741

CATEGORY:                            Budget

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Budget Modification - Fort Hill Cemetery

 

Resolved, in order to fund the commission line the Town Board directs the Budget Office to make the following modification to the Fort Hill Cemetery 2017 Operating Budget:

 

From A1990-54980 (Contingency)  $5,000 to A8850-54573 (Commissions)

 

RESOLUTION:              2017-742

CATEGORY:                            Budget

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Budget Adjustment - Donation from Girl Scouts

 

Whereas, Girl Scout Troop1214 from Montauk raised $500 and has donated it to the Town for the purchase of Mutt-mitts for the purpose of keeping our local beaches and parks clean, now therefore be it

 

Resolved, that the Town thanks the Girl Scouts and directs the Budget Office to make the following adjustment to the 2017 Operating Budget:

 

Add $500 to Revenue Line A042707 (Gifts and Donations)

Add $500 to Expense line A1620-54850 (Small tools and Equipment - Buildings and Grounds) for the purpose of purchaing Mitt-mutts

 

RESOLUTION:              2017-743

CATEGORY:                            Budget

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Budget Modification - Ft. Hill Cemetery

 

Resolved, at the request of the Purchasing Department the Budget Office is directed to make the following modification to the 2017 Operating Budget to fund well repairs at the Fort Hill Cemetery:

 

From A8850-54320 $340

From A8850-54570 $600

From A8850-54590 $1000

To A8850-64550 (Repairs General)

 

RESOLUTION:              2017-744

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Waive Review, Permit and Certificate of Occupancy Fees - East End Classic Boat Society

 

WHEREAS, the East End Classic Boat Society ("Classic Boat Society") wishes to perform certain repairs and improvements to an existing storage shed adjacent to the Classic Boat Society's facilities at Bluff Road, Amagansett; and

 

WHEREAS, the Classic Boat Society has requested the fees associated with review of the project and the issuance of a building permit and certificate of occupancy for the above referenced project be waived; now, therefore be it

 

RESOLVED, that the Town Board of the Town of East Hampton hereby waives all Review and inspection fees including Architectural Review Board, Planning Board and Engineers fees, as well as all building permit and certificate of occupancy fees associated with repairs and improvements to the existing storage shed adjacent to the Classic Boat Society's facilities at Bluff Road, Amagansett.

 

RESOLUTION:              2017-745

CATEGORY:                            Bids Accepted

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Authorize Sale - Surplus Oyster Seed

 

WHEREAS, the Town Board authorized the sale of Surplus Oyster Seed 2017 at the request of the Aquaculture Department to Multi Aquaculture Systems and Promised Land Mariculture Company, the high bidders in response to bid EH17-020, by Resolution 2017-592 for the amounts specified therein; and

 

WHEREAS, the Bid provided that any remaining surplus seed would be available to other buyers at the same rate paid by the high bidder; and

 

WHEREAS, there is still remaining surplus oyster seed available for purchase and Cornell Cooperative has agreed to purchase 175,000 small oyster seeds (2.8mm) at a cost of $15/1,000; now, therefore, be it

 

RESOLVED, that the Town Board accepts the proposal of Cornell Cooperative Extension for the purchase of 175,000 small (2.8mm) oyster seeds at a rate of $15/1,000 seeds; and be it further

 

RESOLVED, that any remaining surplus seed shall be available for purchase by other bidders at the rates accepted by Resolution 2017-592.

 

RESOLUTION:              2017-746

CATEGORY:                            Rescinded Resolution

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Purchasing

Rescind Resolution No. 2017-722 Notice for RFP #EH2017-108 Water Quality Improvement Technical Design Project

 

              WHEREAS, Resolution No. 2017-722, adopted June 20, 2017, noticed Request for Proposal (RFP) #EH2017-108, Water Quality Improvement Technical Design Project; and

 

              WHEREAS, the above referenced RFP project has been postponed until a later date; now, therefore be it

 

              RESOLVED, the Town Board hereby rescinds Resolution No. 2017-722 noticing RFP #EH2107-108, Water Qualtiy Improvement Technical Design Project.

 

RESOLUTION:              2017-747

CATEGORY:                            Change Orders

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Approve Change Order #2- EH16-049 - Camp Hero Pump Station Upgrades & Repairs

 

WHEREAS, the Town Board solicited a bid for Camp Hero Pump Stations Upgrades and Miscellaneous Repairs, Bid No. EH16-049 and by Resolution 2017-0207, the Town Board awarded the bid to Atlantic Wells, Inc., at a cost of $144,000.00, and by Change Order #1, the Contract was modified, and the contract costs reduced by $6,000.00 to $138,000.00; and

 

WHEREAS, the Town's consulting engineer, Pio Lombardo, Lombardo Associates, Inc., has recommended a change in the specifications to provide for the replacement and upgrade of certain pump equipment with explosion proof pumps and control panel and related wiring, for the Casmp hero sewage disposal system; and

 

WHEREAS, the Town's consulting engineer has prepared a change order to reflect the change in specifications, resulting in a increased cost in the amount of $10,838.00; now, therefore, be it

 

RESOLVED, that the Town Board hereby approves Change Order #2 in the amount of $10,838.00, increasing the total contract amount with Atlantic Wells, Inc. from $138,000.00 to $148,838.00; and be it further

 

RESOLVED, that except as amended herein as to the total contract cost, Resolution 2017-207 is affirmed in all other respects, and the Contractor shall be paid for such work from budget fund HA8130-52012-15006 upon submission and approval of appropriate payment requests.

Financial Impact:

HA -8130-52012-15006 contract total increased $10,838.00

 

C.              COUNCILWOMAN OVERBY

 

RESOLUTION:              2017-748

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Downs 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 Francile Downs, and identified on the Suffolk County Tax Map as 300-63-3-9.2.  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 July 20, 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.  22     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 Francile Downs, and identified on the Suffolk County Tax Map as 300-63-3-9.2.  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 1.3 acres of land reputedly owned by Francile Downs located on 958 Fireplace Rd., Springs, and identified on the Suffolk County Tax Map as 300-63-3-9.2 for the following reasons:

This parcel is contiguous to a large block of protected wetlands along Accabona Harbor.  Redevelopment of this property would adversly affect the quality of wetlands that currently help control flooding, trap sediments, filter pollutants and support a number of endangered and threatened wildlife and plant species.  The property is within the Harbor Protection Overlay District, a NYS Significant Coastal Fish and Wildlife Habitat and a US Fish and Wildife ecological complex.

This parcel meets 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 1.3 acres of land reputedly owned by Francile Downs located on 958 Fireplace Rd., Springs, and identified on the Suffolk County Tax Map as 300-63-3-9.2 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 July 13, 2017 edition of the East Hampton Star.

 

 

NOTICE OF PUBLIC HEARING

Intro. # 22   Of  2017

 

              TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on July 20, 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 1.3 acres of land located at 958 Fireplace Rd., Springs, reputedly owned by Francile Downs, and identified on the Suffolk County Tax Map as 300-63-3-9.2.

 

              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: July 6, 2017                           

Financial Impact:

No impact

 

 

RESOLUTION:              2017-749

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Downs SPH NPH CPF Acquisition and Amend 2017 M&S Plan

 

SCHEDULE PUBLIC HEARING - REAL PROPERTY ACQUISITION & AMEND 2016 M&S PLAN

 

Purported Owner:              Francile Downs

Location:                            958 Fireplace Rd., Springs

SCTM #:                            300-63-3-9.2

 

              WHEREAS, the Town of East Hampton is considering the purchase of approximately 1.3 acres of developed land located on 958 Fireplace Rd., Springs which lands are identified on the Suffolk County Tax Map as SCTM #300-63-3-9.2; and

 

              WHEREAS, the purported owner, Francile Downs, will retain a reserved Life Estate that will include a single family dwelling and associated structures; and

 

              WHEREAS, the proposed purchase price is $1,270,000.00, plus survey, title, prorated tax, and recording charges; 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 of the above described property subject to a Life Estate, reputedly               owned by the Francile Downs at a cost to the Town of East Hampton not to exceed               $1,270,000.00 plus reasonable survey, title, prorated tax, and recording charges

 

              B) An amendment to the 2017 M&S Plan to include said property

 

Said public hearing to be held in the Town Board Meeting Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, on July 20, 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 July 13, 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 July 20, 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 Town's acquisition for the establishment of Parks, Nature Preserve or               Recreation Areas, of a developed property that is subject to a reserved Life Estate,               located at 958 Fireplace Rd., Springs, reputedly owned by the Francile Downs,               and consisting of approximately 1.3 acres of land, at a cost to the Town of East               Hampton not to exceed $1,270,000.00 plus reasonable survey, title, prorated tax,               and recording               charges from Community Preservation Funds, said property being               described on the Suffolk County Tax Map as 300-63-3-9.2

 

 

              B) An amendment to the 2017 CPF Management & Stewardship Plan to include said               property

 

 

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

 

Dated:              July 6, 2017                                         

Financial Impact:

No impact

 

 

RESOLUTION:              2017-750

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Dankowski 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 Peter Dankowski, and identified on the Suffolk County Tax Map as 300-197-4-12 & 200-1-9.4.  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 July 20, 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. 23      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 Peter Dankowski, and identified on the Suffolk County Tax Map as 300-197-4-12 & 200-1-9.4.  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 29.5 acres of land reputedly owned by Peter Dankowski located on 7 Osborn Farm Ln. and 97 Wainscott Hollow Rd., Wainscott, and identified on the Suffolk County Tax Map as 300-197-4-12 & 200-1-9.4 for the following reasons:

Town law 64-e places the protection of farmland as its number 1 priority. 

The East Hampton Ag. Advisory Committee, the CPF Advisory Board and the Town Board support the purchase of Enhanced Easements on agrucultural lands that accomplish several additioanl goals beyond simply keeping agricutural lands from being developed:

1. The Enhanced Easement ensures that the farm will stay in agricutural production

2. It will ensure that the farm is passed or sold to a qualified farmer

3. It reduces the value of the farm and caps that value to ensure a farmer to farmer transfer or sale in the future

4. It will also ensure food crop production.  No nursery stock growing shall be permitted.

5.  No additional permanent structures shall be permitted.

6.  Each parcel shall be limited to one acre, located adjacent to existing structures, of either flower production or hoop houses or other similar temporary structures or any combination thereof provided it does not exceed one acre in total.

 

This parcel meets 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 29.5 acres of land reputedly owned by Peter Dankowski located on 7 Osborn Farm Ln. and 97 Wainscott Hollow Rd., Wainscott, and identified on the Suffolk County Tax Map as 300-197-4-12 & 200-1-9.4 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 July 13, 2017 edition of the East Hampton Star.

 

 

NOTICE OF PUBLIC HEARING

Intro. # 23   Of  2017

 

              TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on July 20, 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 29.5 acres of land located at 7 Osborn Farm Ln. and 97 Wainscott Hollow Rd., Wainscott, reputedly owned by Peter Dankowski, and identified on the Suffolk County Tax Map as 300-197-4-12 & 200-1-9.4.

 

              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: July 6, 2017                           

Financial Impact:

No impact

 

 

RESOLUTION:              2017-751

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Dankowski SPH NPH CPF Acquisition and Amend 2017 M&S Plan

 

SCHEDULE PUBLIC HEARING - REAL PROPERTY ACQUISITION & AMEND 2016 M&S PLAN

 

Purported Owner:              Peter Dankowski

Location:                            7 Osborn Farm Ln., & 97 Wainscott Hollow Rd., Wainscott

SCTM #:                            300-197-4-12 & 200-1-9.4

 

              WHEREAS, the Town of East Hampton is considering the purchase of an Enhanced Agricutural Easement on approximately 29.5 acres of farmland located on 7 Osborn Farm Ln., & 97 Wainscott Hollow Rd., Wainscott which lands are identified on the Suffolk County Tax Map as SCTM #300-197-4-12 & 200-1-9.4; and

 

              WHEREAS, the proposed purchase price is $4,000,000.00, plus survey, title, prorated tax, and recording charges; and

 

              WHEREAS, the purpose of said acquisition is the preservation of Agriculture and Open Space; 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 of an Enhanced Agricultural Easement on the above described               property, reputedly owned by Peter Dankowski at a cost to the Town of East               Hampton not to exceed $4,000,000.00 plus reasonable survey, title, prorated               tax, and recording charges

 

              B) An amendment to the 2017 M&S Plan to include said property

 

Said public hearing to be held in the Town Board Meeting Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, on July 20, 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 July 13, 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 July 20, 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 Town's acquisition for Agricultural and Open Space purposes, of an active               farm, located at 7 Osborn Farm Ln., & 97 Wainscott Hollow Rd., Wainscott,               reputedly owned by the Peter Dankowski, and consisting of approximately 29.5               acres of land, at a cost to the Town of East Hampton not to exceed $4,000,000.00               plus reasonable survey, title, prorated tax, and recording charges from Community               Preservation Funds, said property being described on the Suffolk County Tax Map as               300-197-4-12 & 200-1-9.4

 

 

              B) An amendment to the 2017 CPF Management & Stewardship Plan to include said               property

 

 

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

 

Dated:              July 6, 2017                                         

Financial Impact:

No impact

 

 

RESOLUTION:              2017-752

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Latham 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 Stephen and Marjorie Latham, and identified on the Suffolk County Tax Map as 300-80-2-8.4.  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 July 20, 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.  24     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 Stephen and Marjorie Latham, and identified on the Suffolk County Tax Map as 300-80-2-8.4.  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 .7 acres of land reputedly owned by Stephen and Marjorie Latham located on 17 Shipyard Lane, Springs, and identified on the Suffolk County Tax Map as 300-80-2-8.4 for the following reasons:

This parcel is in the Harbor Protection Overlay District, the Peconic Estuary Program Accabonac Harbor Critical Natural Resources Area, and is in a scenic area of State Wide Significance.  Removal of hard structures and sanitary, and further allowing the vegetation to naturalize with deeper root systems will serve as a tidal wetland buffer and erosion control.  This will better filter run off, pesticides, nitrogen and other pollutants and help to enhance the water quality of Accabonac Harbor.

This parcel meets 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 .7 acres of land reputedly owned by Stephen and Marjorie Latham located on 17 Shipyard Lane, Springs, and identified on the Suffolk County Tax Map as 300-80-2-8.4 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 July 13, 2017 edition of the East Hampton Star.

 

 

NOTICE OF PUBLIC HEARING

Intro. #  24  Of  2017

 

              TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on July 20, 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 .7 acres of land located at 17 Shipyard Lane, Springs, reputedly owned by Stephen and Marjorie Latham, and identified on the Suffolk County Tax Map as 300-80-2-8.4.

 

              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: July 6, 2017                           

Financial Impact:

No impact

 

 

RESOLUTION:              2017-753

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Latham SPH NPH CPF Acquisition and Amend 2017 M&S Plan

 

SCHEDULE PUBLIC HEARING - REAL PROPERTY ACQUISITION & AMEND 2016 M&S PLAN

 

Purported Owner:              Stephen and Marjorie Latham

Location:                            17 Shipyard Lane, Springs

SCTM #:                            300-80-2-8.4

 

              WHEREAS, the Town of East Hampton is considering the purchase of approximately .7 acres of developed property located on 17 Shipyard Lane, Springs which lands are identified on the Suffolk County Tax Map as SCTM #300-80-2-8.4; and

 

              WHEREAS, the proposed purchase price is $1,725,000.00, plus survey, title, prorated tax, and recording charges; and

 

              WHEREAS, the parcel contains a single family dwelling and associated structures: as is the Town’s stated policy, we will only go into contract on non historic improved parcels with the provision that the structures be removed at the sellers expense, returning the parcel back to a natural state prior to acquisition; 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 of the above described               property, reputedly owned by Stephen               and Marjorie Latham at a cost to the Town of East Hampton not to exceed               $1,725,000.00 plus reasonable survey, title, prorated tax, and recording charges

 

              B) An amendment to the 2017 M&S Plan to include said property

 

Said public hearing to be held in the Town Board Meeting Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, on July 20, 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 July 13, 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 July 20, 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 Town's acquisition for the establishment of parks, nature preserves or               recreation areas, of land located at 17 Shipyard Lane, Springs, reputedly owned by               the Stephen and Marjorie Latham, and consisting of approximately .7 acres of land,               at a cost to the Town of East Hampton not to exceed $1,725,000.00 plus               reasonable survey, title, prorated tax, and recording charges from Community               Preservation Funds, said property being described on the Suffolk County Tax Map as               300-80-2-8.4

 

 

              B) An amendment to the 2017 CPF Management & Stewardship Plan to include said               property

 

 

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

 

Dated:              July 6, 2017                                         

Financial Impact:

No impact

 

 

RESOLUTION:              2017-754

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Barnes SPH NPH CPF Acquisition and Amend 2017 M&S Plan

 

SCHEDULE PUBLIC HEARING - REAL PROPERTY ACQUISITION & AMEND 2016 M&S PLAN

 

Purported Owner:              Frederick and Judith Barnes

Location:                            108 Stony Hill Rd., Amagansett

SCTM #:                            300-125-2-5.3 & 5.4

 

              WHEREAS, the Town of East Hampton is considering the purchase of approximately 3 acres of vacant land located on 108 Stony Hill Rd., Amagansett which lands are identified on the Suffolk County Tax Map as SCTM #300-125-2-5.3 & 5.4; and

 

              WHEREAS, the proposed purchase price is $1,500,000.00, plus survey, title, prorated tax, and recording charges; and

 

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

 

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

 

              WHEREAS, on February 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 of the above described property, reputedly owned by the               Frederick and Judith Barnes at a cost to the Town of East Hampton not to exceed               $1,500,000.00 plus reasonable survey, title, prorated tax, and recording               charges

 

              B) An amendment to the 2017 M&S Plan to include said property

 

Said public hearing to be held in the Town Board Meeting Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, on July 20, 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 July 13, 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 July 20, 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 Town's acquisition for open space purposes, with Community Preservation               Funds of property located at 108 Stony Hill Rd., Amagansett,               reputedly owned by                Frederick and Judith Barnes, and consisting of approximately               3 acres of land, at a               cost to the Town of East Hampton not to exceed               $1,500,000.00 plus reasonable               survey, title, prorated tax, and recording charges, said property being described on               the Suffolk County Tax Map as SCTM #300-125-2-5.3 & 5.4

 

 

              B) An amendment to the 2017 CPF Management & Stewardship Plan to include said               property

 

 

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

 

Dated:              July 6, 2017                                         

Financial Impact:

No impact

 

 

RESOLUTION:              2017-755

CATEGORY:                            Easement

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Accept Road Widening Easement

 

Accept Road Widening Easement

 

             

              WHEREAS, pursuant to Local Law No. 2 of 1976, the Town Board of the Town of East Hampton adopted Urban Renewal Plans covering lot layout and improvements for old filed maps; and

 

              WHEREAS, said plan calls for submission of easements by certain property owners to the Town for the purpose of permitting widening and other improvements to specified roads in the subdivision which are to be used to provide access to the urban renewal parcels located therein; and

 

              WHEREAS, in accordance with the plans, property owners have submitted road widening easements set forth below; and

 

              WHEREAS, Counsel to the Planning Board and the Town Attorney have reviewed and approved these road widening easements, now, therefore, be it

 

              RESOLVED, that the Town Board approves and accepts these easements and directs the Town Clerk to return the easements to the Grantors for recording in the Office of the Suffolk County Clerk, and be it further

 

              RESOLVED, that the Grantor is to return a conformed copy of said easement to the Town Clerk for disbursement prior to issuance of a building permit.

 

                                                                      UR MAP NAME                            ROAD NAME                 TYPE                DATE

GRANTOR                                                        AND NUMBER                        LOCATION            

 

Broooke Bramoff, Eric Bramoff              URP 45 in EH-12              9 Dayton Ave.    Rd.                    3/13/17

Nadine Vandewalker and

Timothy Vandewalker

9 Dayton Ave.

East Hampton, NY 11937

 

RESOLUTION:              2017-756

CATEGORY:                            Bids to Notice

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Purchasing

Notice to Bidders - EH17-023 - Transfer Station Repairs & Improvements Re-Bid Bid Available 7/13/17 - Bid Due 8/10/17

 

WHEREAS, the Town of East Hampton wishes to solicit bids for Transfer Station Repairs & Improvements Re-Bid  - EH17-023; be it,

 

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

 

                                                                      NOTICE TO BIDDERS

 

TAKE NOTICE, that sealed bids will be received by the Purchasing Agent, on August 10, 2017, prevailing time, when they will be publicly opened and read aloud for:

 

                                               Transfer Station Repairs & Improvements Re-Bid

                                                                      Bid No. EH17-023

 

A Pre-Bid Meeting and Site Visit will be held at 11:00 a.m. on Thursday, July 27, 2017 at 260 Springs Fireplace Road, East Hampton, NY.  Attendance is strongly suggested but not mandatory. 

 

Specifications are available at the Purchasing Department Office and may be picked up between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, (except Holidays) beginning on July 13, 2017.  These specifications have met with the approval of the Purchasing Department and the user department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Transfer Station Repairs & Improvements Re-Bid"

 

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

 

and, be it further

 

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

 

Bid #                            Name                                                                              Opening Date

                           

EH17-023              Transfer Station Repairs &                                      August 10, 2017

                            Improvements Re-Bid                                         

                                                       

 

and, be it further

 

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

 

RESOLUTION:              2017-757

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

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Retain Outside Counsel-Devitt Spellman Barrett, LLP -Bistrian Vs. TOEH 2017 - Increase Cap

 

RESOLVED, that the Town of East Hampton has retained the services of John Denby of Devitt Spellman Barrett, LLP to represent the Town in the matter of Bistrian Land Corp., Bistrian Farms Corp., & Fireplace Development Corp., vs. Stephen Lynch, Superintendent of Highway for the Town of East Hampton, Larry Cantwell, Supervisor of the Town of East Hampton and the Town of East Hampton , Index No 2017-2296; and, be it

 

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

 

RESOLVED, that an increase in fees is required and such increase shall be capped at $15,000.00 constituting a total of $30,000.00, to be spent on legal services by Devitt Spellman Barrett, LLP, with any further expenditures to be subject to review and approval of the Town Board; and be it futher

 

RESOLVED that payment to said counsel shall be TWO HUNDRED ($200.00) DOLLARS per hour in an amount not to exceed THIRTY THOUSAND ($30,000.00) DOLLARS, upon claim vouchers properly submitted, from Budget Account A 1420 54520.

 

RESOLUTION:              2017-758

CATEGORY:                            Bond

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Clerk

BOND - $2,500,000 Affordable Housing Dwelling

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED JULY 6, 2017, AUTHORIZING THE CONSTRUCTION OF AFFORDABLE HOUSING DWELLINGS BY THE TOWN AT THE SITE OF THE FORMER ACCABONAC TENNIS CLUB, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,500,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE AND AUTHORIZING THE ISSUANCE OF BONDS OF THE TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $2,500,000 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 affordable housing dwellings at the site of the former Accabonac Tennis Club.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $2,500,000 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 $2,500,000 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 $2,500,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation.

Section 3.  The period of probable usefulness applicable to the object or purpose for which said bonds are authorized is in excess of five years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years after the date of original issuance of said bonds or notes.

Section 4.  The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized.  The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.

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

Section 6.  Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town.  The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.

Section 7.  Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and the powers and duties relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.

Section 8.  The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if:

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

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

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

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

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

D.              COUNCILMAN OVERTON

 

RESOLUTION:              2017-759

CATEGORY:                            Bond

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Clerk

BOND - $15,000 - Radios for Lifeguards

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED JULY 6, 2017, AUTHORIZING THE Acquisition of radios for USE BY TOWN LIFEGUARDS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $15,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $15,000 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 radios for use by Town lifeguards.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $15,000 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 $15,000 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 $15,000 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. 25 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 (5) 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 July 6, 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 July 6, 2017, authorizing the acquisition of radios for use by Town lifeguards, stating the estimated maximum cost thereof is $15,000, appropriating said amount for such purpose and authorizing the issuance of bonds in the principal amount of not to exceed $15,000 bonds to finance said appropriation,”

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

FIRST:  AUTHORIZING the acquisition of radios for use by Town lifeguards; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $15,000; 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 $15,000 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 not to exceed $15,000 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 $15,000 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: July 6, 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:              2017-760

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

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Board

Approve Sub-Contractor Bonnie Englehardt - Assessors Department

 

              Whereas, Bonnie Engelhardt was hired as a subcontractor per resolution number 2016-1413 for the Assessors Department not to exceed $5000.00 and there is now a need for further assignments to be completed; be it

 

RESOLVED that Bonnie Engelhardt be extended as a sub-contractor for the Assessors Department at the hourly rate of $35.00 Per hour payable by a properly submitted invoice from budget account #A1355-54500 not to exceed a total of $9,200; and, be it further

 

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

Financial Impact:

Total Cost not to exceed $9,200.00 - Budget Acct. #A1355-54500

 

 

RESOLUTION:              2017-761

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Board

Authorize McKissock Appraisal Continuing Education Online - Totaling 14 Hours - Jill Massa

 

              BE IT RESOLVED, Town Assessor Jill Massa is hereby authorized to take the above online education given by McKissock Appraisal Continuing Education; and, be it further

 

              RESOLVED, that all allowable expenses incurred (cost $194.95) shall be paid out of Budget Account #1355.54200 upon vouchers duly submitted.

Financial Impact:

$194.95  total taken from Budget Account #1355.54200

 

 

RESOLUTION:              2017-762

CATEGORY:                            Issue Check

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Clerk

Refund Various Permits

 

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

 

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

 

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

 

NAME AND ADDRESS                    AMOUNT                        TYPE OF PERMIT

 

Linda Neuzof

11 South Dearborn Place                  115.00                             Recycling

Montauk, NY  11954                                                                                   

 

RESOLUTION:              2017-763

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Attorney

Retain Law Office of Vincent Toomey General Matters 2017 - Increase Limit to $200,000.00

 

              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 $200,000.00,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 $200,000.00.

 

RESOLUTION:              2017-764

CATEGORY:                            Issue Check

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Clerk

Re-Purchase Ft. Hill Cemetery Plot- Harris

 

              WHEREAS, Rosemarie Harris, the owner of cemetery plot lot# 21 & 22 in section F of the Montauk Fort Hill Cemetery have requested to sell back the plot due to her relocating out of state; and

 

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

 

              RESOLVED, that the request of  Rosemarie Harris for the sale of the above stated plot of the Fort Hill Cemetery is hereby accepted; and, be it further

 

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

 

              RESOLVED, that payment shall be made out of the appropriate Budget Account A8850.54573; and be it further

 

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

 

RESOLUTION:              2017-765

CATEGORY:                            Permits - Gatherings

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Clerk

Approval of Various Gathering Permits

 

Scott Howe, Arf's Bow Wow Meow Ball Fundraiser. 8/19/2017

 

Edith Holmer, Annual Clearwater Beach Property Owners Association Party . 7/8/2017

 

Susan Henkin, Montauk Playhouse Gala. 8/5/2017

 

Lisa Meyer Fertal. Surfers Healing. 9/15/2017

 

John Ryan Sr. 22nd Annual Jr. Lifeguard Tournament. 8/5/2017,8/6/2017

 

RESOLUTION:              2017-766

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Clerk

Authorize Refund for Unused Police Fees in 2015

 

Whereas, the Town has received a request to review Police Fees submitted for Event Power's  Montauk Triathlon EV#16195-15, and,

 

Whereas, the Town Clerk's office reviewed the police deposit received and the total cost incurred by the Town and confirms the difference has not been paid, now therefore be it

 

Resolved, that the Budget Office pay the unused 2015 police fees for Event Power's Montauk Triathlon in the amount of $778.88 from budget account BO-41520 upon properly submitted vouchers.

E.              SUPERVISOR CANTWELL

 

RESOLUTION:              2017-767

CATEGORY:                            Bids to Notice

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Purchasing

Notice to Bidders - EH17-030 - Supply & Delivery of Auto Parts 2017  Bid Available June 29, 2017 - Bid Due July 20, 2017

 

WHEREAS, the Town of East Hampton wishes to solicit bids for the Supply & Delivery of Auto Parts 2017 - EH17-030; now, therefore be it

 

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

 

                                                        NOTICE TO BIDDERS

 

TAKE NOTICE, that sealed bids will be received by the Purchasing Agent, on Thursday, July 20, 2017 at 3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

                                                             Supply & Delivery of Auto Parts 2017

                        

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 June 29, 2017.  These specifications have met with the approval of the Purchasing Department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Supply & Delivery of Auto Parts 2017 - EH17-030"

 

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

 

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

 

Bid #                            Name                                                                              Opening Date

                           

EH17-030              Supply & Delivery of Auto Parts 2017              July 20, 2017             

and, be it further

 

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

 

RESOLUTION:              2017-768

CATEGORY:                            Bids Accepted

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Purchasing

Accept Bid #EH/Sag-17-901 -  HVAC: Repairs, Service & Installation -  Best Climate Control Corporation

 

WHEREAS, the Town Board and Sag Harbor USFD Cooperative solicited bids for annual HVAC: Repairs, Service & Installation, Bid No. EH/Sag-17-901; and

 

WHEREAS, the bid of Best Climate Control Corp. was the lowest bid received meeting the bid specifications and being in proper form; and

 

WHEREAS, the bids submitted have been reviewed by the Cooperative; and they have recommended the award of the bid to the lowest responsive, responsible bidder; now, therefore, be it

 

RESOLVED, that the bid of Best Climate Control Corp. is hereby accepted by the Cooperative, and the appropriate personnel are hereby authorized to issue purchase orders in accordance with the Cooperative's bid specifications and the bid submission of the contractor.

Financial Impact:

HVAC Inspection & Maintenance for East Hampton Town - $35,000.00 lump sum

Service calls $112.00 hr

 

 

RESOLUTION:              2017-769

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Bookkeeping

Approve the 2016 Audited Financial Statements and CAFR

 

Resolved, The Town Board Approves the 2016 Audited Financial Statements and Comprehensive Annual Financial Report, as attached.

 

RESOLUTION:              2017-770

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

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Retain Engineer - 700 MHz Communications Regional Planning Coordination and FCC Licensing

 

WHEREAS, the Town of East Hampton is upgrading its emergency and public safety communications system and requires the services of an engineer to assist the Town in developing an emergency and public safety communications system which best meets the needs of the Town and integrates fully with surrounding emergency and public safety systems and provides the most effective coverage and operational functionality, including the licensing of necessary frequencies to the Town; and

 

WHEREAS, V-COMM, LLC has submitted a proposal dated February 2, 2017 to provide engineering services to the Town for the upgrade of the emergency and public service communications system, at a cost not to exceed the sum of $35,250.00 plus travel expenses  with mileage to be reimbursed in accordance with IRS guidelines; now, therefore, be it

 

RESOLVED, that the proposal of V-COMM, LLC dated February 2, 2017, at a cost not to exceed $35,250.00 plus travel expenses in accordance with the Town's travel policy and mileage to be reimbursed in accordance with IRS guidelines, is hereby accepted; and be it further

 

RESOLVED, that the Supervisor is authorized to execute a contract with V-COMM, LLC for the work authorized herein, and be it further

 

RESOLVED, that succ costs shall be paid out of capital budget account  HA3120 52450 17036.

 

RESOLUTION:              2017-771

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Accept Proposal - Emergency & Public Safety Radio Upgrades

 

WHEREAS, the Town requires an upgrade of its emergency and public service radio system; and

 

WHEREAS, Motorola Solutions, Inc. is on the State Contract for Equipment and Services and has provided a proposal for the provision of a P25 Trunked Radio System with integrated voice & data for public safety and emergency service, which will integrate with systems used by neighboring agencies; and

 

WHEREAS, the proposal from Motorola Solutions, Inc. including equipment, shipping, installation, set-up and testing totals $5,496,288.00 and subscriber contract costs of $961,926.00 for a total cost of $6,458,214.00, exclusive of future maintenance costs; now, therefore, be it

 

RESOLVED, that the proposal of Motorola Solutions, Inc., dated June 12, 2017 is hereby accepted, to include the base system (less flash kits) and options 1 through 7, inclusive, and 9 through 12 inclusive, and subscriber contract costs, with payments to be made pursuant to the revised payment schedule received 6/29/17, with an initial payment of 10% due upon mobilization; and be it further

 

RESOLVED, that the Supervisor is authorized to execute all necessary paperwork to faciltate the work authorized herein; and be it further

 

RESOLVED, that all costs for this equipment upgrade shall be paid out of capital account

HA3120 52450 17036.

Financial Impact:

HA3120 52450 17036 $6,458,214.00

 

 

RESOLUTION:              2017-772

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Authorize License Agreement with Deepwater Wind South Fork, LLC for Limited Purposes of Conducting Soil Sampling and Habitat Delineations on Town Property

 

WHEREAS, Deepwater Wind South Fork, LLC (hereinafter., "Deepwater"), is proposing the development of the South Fork Wind Farm, an approximately 90 megawatt off shore wind farm to be located 30 miles east of Montauk; and,

 

WHEREAS, part of the development and planning process involves site location for the on-shoring portion of the project; and,

WHEREAS, Deepwater has identified the Town-owned right-of-way at Napeague Lane and Beach Lane as a possible on-shoring location; and,

 

WHEREAS, Deepwater is interested in conducting soil sampling to support wetland and habitat delineations of the area with very limited physical disturbance to the property, as more fully set forth in their June 27, 2017 correspondence to the East Hampton Town Board; and,

WHEREAS, the Town of East Hampton is interested in seeing the project fully considered on its merits; now therefore be it

RESOLVED, that the Supervisor is hereby authorized and directed to enter a licensing agreement, in a form approved by the Office of the Town Attorney, for the limited purpose of allowing Deepwater to conduct soil sampling and habitat delineations as outlined in their June 27, 2017 letter, at the Town-owned right-of-way at Napeague Lane and Beach Lane.   

 

RESOLUTION:              2017-773

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Authorize Payment to County - Past Due Taxes 63 Navy Road, Montauk

 

WHEREAS, by Resolution 2016-581, The Town Board authorized a settlement of the Matter of Ferreira v. Town of East Hampton et. al. CV-12 2620; and

 

WHEREAS, by Resolution 2016-1387, the Town Board authorized the sum of $10,000 to be forwarded to the County in payment of arrears for real property taxes; and

 

WHEREAS, the County has now advised the Town that there remains a balance due for past due taxes and interest in the amount of $6,655.77; now, therefore, be it

 

RESOLVED, that the Town Board hereby directs the Town budget office to forward a payment to teh Suffolk County Comptroller in the amount of $6,655.77, made payable to the Suffolk County Comptroller, in satisfaction of past due taxes and interest due on the property at 63 Navy Road, Montauk, New York; and be it further

 

RESOLVED, that payment shall be made from budget account A1910-54150.

 

RESOLUTION:              2017-774

CATEGORY:                            Issue Check

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Pay NYMIR Deductible - Herbert

 

WHEREAS, Christine Herbert has filed a civil action against the Town; and

 

WHEREAS, the parties have discussed a settlement of the pending civil action and have come to an agreement with regard to  same including a general release of the Town from claimant; and

 

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

 

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

 

NOW, THEREFORE, BE IT RESOLVED, that the Town of East Hampton, hereby agrees to pay NYMIR in the amount of SIX HUNDRED AND THIRTY DOLLARS and 57/100 ($630.57); and be it further

 

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

 

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

 

RESOLUTION:              2017-775

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Memorializing Resolution in Support of Suffolk County Application for Local Government Efficiency Grant Program to Share Costs of Pictometry for Town GIS

 

WHEREAS, the Town of East Hampton has needs for updated neighborhood aerial photography for the Town's GIS system; and

 

WHEREAS, pursuant to Resolution 2017-279, Pictometry International Corp. ("Pictometry") has submitted a proposal to the Town and the Town has retained Pictometry to provide such services; and,

 

WHEREAS, Suffolk County is also interested in having Pictometry perform aerial photography services; and,

 

WHEREAS, there is funding available through the New York State Local Government Efficiency  Grant Program that could fund the aerial photography for the County and the Town at the same time, thus providing cost savings to both the County and the Town of East Hampton, as well as other Towns that may also participate; and,

 

WHEREAS, the funding availability requires the County to submit a grant application to the State of New York, now therefore be it, 

 

RESOLVED, that the Town of East Hampton hereby memorializes its support of the County of Suffolk's application to the New York State Local Government Efficiency Grant Program to provide funding for aerial photography by Pictometry for GIS updates.

 

RESOLUTION:              2017-776

CATEGORY:                            Bids Rejected

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Purchasing

Reject Proposal EH2017-108  Water Quality Improvement Technical Design Project

 

WHEREAS, the Town Board did adopt a resolution to solicit proposals for the Water Quality Improvement Technical Design Project, RFP #EH2017-108; and

 

WHEREAS, the Town Board reserves the right to reject any and all bids and proposals; now, therefore, be it

 

RESOLVED, that the Town Board hereby rejects the proposal for the Water Quality Improvement Technical Design Project, in response to the Purchasing Agent's Request for Proposal Resolution #2017-722, dated June 20,2017; and the Purchasing Agent is directed to send a copy of this resolution to all appropiate parties.

.

 

RESOLUTION:              2017-777

CATEGORY:                            Bond

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Clerk

BOND - Additional $4,050,000 Radio Communication System

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED JULY 6, 2017, AUTHORIZING THE ACQUISITION OF A RADIO COMMUNICATION SYSTEM, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $6,550,000, APPROPRIATING $4,050,000 IN ADDITION TO THE $2,500,000 HERETOFORE APPROPRIATED FOR SUCH PURPOSE; AND AUTHORIZING THE ISSUANCE OF BONDS OF THE TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $4,050,000, IN ADDITION TO THE $2,500,000 BONDS HERETOFORE AUTHORIZED

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

Section 1.  The Town of East Hampton, in the County of Suffolk, New York (herein called the “Town”), is hereby authorized to acquire a new 700 MHZ radio communication system.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $6,550,000 and $4,050,000 is hereby appropriated for such purpose, in addition to the $2,500,000 heretofore appropriated.  The plan of financing includes the issuance of the bonds in the principal amount of not to exceed $4,050,000 to finance said additional appropriation, in addition to the $2,500,000 bonds heretofore authorized pursuant to the bond resolution duly adopted by the Town Board on May 4, 2017, 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.  In addition to the $2,500,000 heretofore authorized, bonds of the Town in the principal amount of not to exceed $4,050,000 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 additional 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. 25 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 July 6, 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 July 6, 2017, authorizing the acquisition of a radio communication system, stating the estimated maximum cost thereof is $6,550,000, appropriating $4,050,000 in addition to the $2,500,000 heretofore appropriated for such purpose; and authorizing the issuance of bonds of the Town in the principal amount of not to exceed $4,050,000, in addition to the $2,500,000 bonds heretofore authorized,”

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

FIRST:  AUTHORIZING the acquisition of a new 700 MHZ radio communication system; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $6,550,000; APPROPRIATING $4,050,000 for such purpose, in addition to the $2,500,000 heretofore appropriated; STATING the plan of financing includes the issuance of the $4,050,000 bonds to finance said additional appropriation, in addition to the $2,500,000 bonds heretofore authorized pursuant to the bond resolution duly adopted by the Town Board on May 4, 2017, 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; and STATING that 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;

SECOND:  AUTHORIZING, in addition to the $2,500,000 bonds heretofore authorized, the issuance of $4,050,000 bonds of the Town pursuant to the Local Finance Law of the State of New York to finance said additional 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: July 6, 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.

F.              ADDITIONAL RESOLUTIONS

 

RESOLUTION:              2017-778

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Clerk

After Hearing Camp Hero Sewer District

 

RESOLUTION AND
ORDER AFTER PUBLIC
HEARING

WHEREAS, the Town Board of the Town of East Hampton (herein called the “Town”), in the County of Suffolk, New York, on behalf of the Camp Hero Sewer District, in the Town (herein referred to as the “District”), has caused Lombardo Associates, Inc., engineers duly licensed by the State of New York (the “Engineer”) to prepare a map, plan and report entitled “Camp Hero Wastewater Management System - Engineering Plan for System Improvements”, dated January 21, 2015 (the “Report”), which report is on file in the office of the Town Clerk, for the increase and improvement of facilities of the District, consisting of the construction of wastewater system improvements, including, but not limited to, the reconstruction of the upper and lower pump stations, improvements to leaching pools and any and all necessary furnishings, equipment, machinery, apparatus, installations, appurtenances, accessories and related engineering and other costs in connection with the foregoing, as further described in the Report (the “Project”), at the estimated maximum cost, including preliminary costs and costs incidental thereto and the financing thereof, of $200,000;

WHEREAS, the Town Board has heretofore determined that the Project is an Unlisted Action pursuant to the New York State Environmental Quality Review Act (SEQRA) and Chapter 128 of the Town Code and the Town Board has heretofore prepared and considered an Environmental Assessment Form which evaluated the potential environmental impacts of the Project and, on February 5, 2015, the Town Board determined that the Project shall not result in any significant adverse environmental impacts and a negative declaration was adopted pursuant to SEQRA;

WHEREAS, on February 26, 2015, after a public hearing duly called and held, the Town Board adopted: (i) a resolution authorizing the Project pursuant to Section 202-b of the Town Law and (ii) a bond resolution (Resolution No. 2015-244) authorizing the issuance of bonds in the principal amount of not to exceed $200,000 to finance the Project;

 

WHEREAS, the Town Board heretofore determined that the estimated maximum cost of the Project had increased to $240,000, and that it was necessary and in the best interest of the Town to authorize an increase in the amount to be expended for the Project from $200,000 to $240,000 and to increase the amount of bonds authorized for the Project by $40,000;

 

WHEREAS, on June 2, 2016, after a public hearing duly called and held, the Town Board adopted: (i) a resolution authorizing an increase in the cost of the Project pursuant to Section 202-b of the Town Law and (ii) a bond resolution (Resolution No. 2016-705) appropriating $40,000, in addition to the $200,000 theretofore appropriated pursuant to Resolution No. 2015-244, and authorizing the issuance of additional bonds in the principal amount of not to exceed $40,000 for the Project;

WHEREAS, the maximum amount proposed to be expended for the increase and improvement of facilities of the District has now been determined to be $259,000, as reflected in an addendum to the Report prepared by the Engineer, dated June 5, 2017;

 

WHEREAS, the Town Board has determined that it is in the best interests of the Town to increase the estimated total cost of the Project from $240,000 to $259,000 and to increase the amount of serial bonds authorized to pay for such increased cost from $240,00 to $259,000;

WHEREAS, the Town Board adopted an Order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said increase and improvement of facilities on July 6, 2017 at 6:30 P.M. (Prevailing Time), or as soon as possible thereafter, at the Town Hall, 159 Pantigo Road, East Hampton, New York, in the Town;

WHEREAS, a Notice of such public hearing was duly published, posted and mailed pursuant to the provisions of Article 12 of the Town Law; and

 

WHEREAS, such public hearing was duly held by the Town Board on July 6, 2017 at 6:30 P.M. (Prevailing Time) at the Town Hall, 159 Pantigo Road, East Hampton, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and be it,

 

Now, therefore, on the basis of the information given at such hearing, it is hereby

DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $259,000; and it is hereby

ORDERED, that the facilities of the District shall be so increased and improved and that the Town shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and, with the assistance of the Town Attorney, shall prepare a proposed contract for such increase and improvement of facilities of the District, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby

FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed by the issuance of bonds of the Town in the principal amount of not to exceed $259,000, and the costs of said increase and improvement of facilities, including payment of principal of and interest on said bonds, shall be borne entirely by the lands benefited thereby and such costs shall be assessed, levied and collected from the several lots or parcels of land within such benefited areas in the same manner and at the same time as other Town charges; and it is hereby

FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption thereof.

DATED:  July 6, 2017


(SEAL)              TOWN BOARD OF THE TOWN OF EAST HAMPTON


 

RESOLUTION:              2017-779

CATEGORY:                            Bond

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Clerk

Amending Bond - Relating to the Increase and Improvement of Camp Hero Sewer District

 

RESOLUTION OF THE TOWN OF EAST HAMPTON, NEW YORK, ADOPTED JULY 6, 2017, AMENDING THE BOND RESOLUTION DULY ADOPTED FEBRUARY 26, 2015 AND AMENDED ON JUNE 2, 2016, RELATING TO THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE CAMP HERO SEWER DISTRICT

 

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

 

Section (A) The Bond Resolution of said Town adopted by the Town Board on June 2, 2016, entitled:

“BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, NEW YORK, ADOPTED FEBRUARY 26, 2015, AND AMENDED ON JUNE 2, 2016, APPROPRIATING $240,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE CAMP HERO SEWER DISTRICT, CONSISTING OF THE CONSTRUCTION OF WASTEWATER SYSTEM IMPROVEMENTS, AND AUTHORIZING THE ISSUANCE OF BONDS OF SAID TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $240,000 TO FINANCE SAID APPROPRIATION,”

is hereby amended to read as follows:

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, NEW YORK, ADOPTED FEBRUARY 26, 2015, AND AMENDED ON JUNE 2, 2016 AND JULY 6, 2017, APPROPRIATING $259,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE CAMP HERO SEWER DISTRICT, CONSISTING OF THE CONSTRUCTION OF WASTEWATER SYSTEM IMPROVEMENTS, AND AUTHORIZING THE ISSUANCE OF BONDS OF SAID TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $259,000 TO FINANCE SAID APPROPRIATION

Recitals

 

WHEREAS, the Town Board of the Town of East Hampton (herein called the “Town”), in the County of Suffolk, New York, on behalf of the Camp Hero Sewer District, in the Town (herein referred to as the “District”), has caused Lombardo Associates, Inc., engineers duly licensed by the State of New York (the “Engineer”) to prepare a map, plan and report entitled “Camp Hero Wastewater Management System - Engineering Plan for System Improvements”, dated January 21, 2015 (the “Report”), which report is on file in the office of the Town Clerk, for the increase and improvement of facilities of the District, consisting of the construction of wastewater system improvements, including, but not limited to, the reconstruction of the upper and lower pump stations, improvements to leaching pools and any and all necessary furnishings, equipment, machinery, apparatus, installations, appurtenances, accessories and related engineering and other costs in connection with the foregoing, as further described in the Report (the “Project”), at the estimated maximum cost, including preliminary costs and costs incidental thereto and the financing thereof, of $200,000;

WHEREAS, the Town Board has heretofore determined that the Project is an Unlisted Action pursuant to the New York State Environmental Quality Review Act (SEQRA) and Chapter 128 of the Town Code and the Town Board has heretofore prepared and considered an Environmental Assessment Form which evaluated the potential environmental impacts of the Project and, on February 5, 2015, the Town Board determined that the Project shall not result in any significant adverse environmental impacts and a negative declaration was adopted pursuant to SEQRA;

WHEREAS, on February 26, 2015, after a public hearing duly called and held, the Town Board adopted: (i) a resolution authorizing the Project pursuant to Section 202-b of the Town Law and (ii) a bond resolution (Resolution No. 2015-244) authorizing the issuance of bonds in the principal amount of not to exceed $200,000 to finance the Project;

 

WHEREAS, the Town Board heretofore determined that the estimated maximum cost of the Project had increased to $240,000, and that it was necessary and in the best interest of the Town to authorize an increase in the amount to be expended for the Project from $200,000 to $240,000 and to increase the amount of bonds authorized for the Project by $40,000;

 

WHEREAS, on June 2, 2016, after a public hearing duly called and held, the Town Board adopted: (i) a resolution authorizing an increase in the cost of the Project pursuant to Section 202-b of the Town Law and (ii) a bond resolution (Resolution No. 2016-705) appropriating $40,000, in addition to the $200,000 theretofore appropriated pursuant to Resolution No. 2015-244, and authorizing the issuance of additional bonds in the principal amount of not to exceed $40,000 for the Project;

WHEREAS, the maximum amount proposed to be expended for the increase and improvement of facilities of the District has now been determined to be $259,000, as reflected in an addendum to the Report prepared by the Engineer, dated June 5, 2017;

 

WHEREAS, the Town Board has determined that it is in the best interests of the Town to increase the estimated total cost of the Project from $240,000 to $259,000 and to increase the amount of serial bonds authorized to pay for such increased cost from $240,00 to $259,000;

WHEREAS, the Town Board adopted an Order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said increase and improvement of facilities on July 6, 2017 at 6:30 P.M. (Prevailing Time), or as soon as possible thereafter, at the Town Hall, 159 Pantigo Road, East Hampton, New York, in the Town;

WHEREAS, a Notice of such public hearing was duly published, posted and mailed pursuant to the provisions of Article 12 of the Town Law;

 

WHEREAS, such public hearing was duly held by the Town Board on July 6, 2017 at 6:30 P.M. (Prevailing Time) at the Town Hall, 159 Pantigo Road, East Hampton, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and

 

WHEREAS, following said public hearing, the Town Board of the Town determined that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be so increased and improved;

Now, therefore, be it

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

Section 1.  The Town Board hereby appropriates the amount of $259,000 for the increase and improvement of facilities of the District, consisting of the construction of wastewater system improvements, including, but not limited to, the reconstruction of the upper and lower pump stations, improvements to leaching pools and any and all necessary furnishings, equipment, machinery, apparatus, installations, appurtenances, accessories and related engineering and other costs in connection with the foregoing as further described in the map, plan and report entitled “Camp Hero Wastewater Management System - Engineering Plan for System Improvements”, dated January 21, 2015, as supplemented on April 27, 2016 and June 5, 2017, said report and supplements thereto have been prepared by Lombardo Associates, Inc., engineers duly licensed by the State of New York.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $259,000. The plan of financing includes the issuance of $259,000 bonds of the Town to finance said appropriation.  The costs of the increase and improvement of facilities, including payment of principal of and interest on said bonds, shall be borne entirely by the lands benefited thereby and such costs shall be assessed, levied and collected from the several lots or parcels of land within such benefited areas in the same manner and at the same time as other Town charges.

Section 2.  Bonds of the Town are hereby authorized to be issued in the principal amount of not to exceed $259,000 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 said appropriation.

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

(a)  The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is forty (40) years.

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

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

Section 4.  Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a 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 issued 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 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 the renewals of said bond anticipation notes, and 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 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 resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in “The East Hampton Star,” a newspaper having general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk’s statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York.

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


 

RESOLUTION:              2017-780

CATEGORY:                            Acquisitions

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Christ Episcopal Church Authorize CPF Project Plan Addition

 

Christ Episcopal Church Projet Plan Addition Authorizing Resolution

 

              WHEREAS, a public hearing was held by the Town Board of the Town of East Hampton on July 6, 2017 at 6:30 p.m., regarding a 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 Christ Episcopal Church, and identified on the Suffolk County Tax Map as 302-2-6-5, all as more fully set forth in the text of the Local Law; and

 

              WHEREAS, the Town Board has considered the comments of all persons regarding this Local Law, both as submitted in writing and as presented orally at the public hearing; and

 

              WHEREAS, the Town Board has prepared and considered Environmental Assessment Forms which evaluate the potential environmental impacts of the proposed Local Law; and

 

              WHEREAS, the Board has determined that the adoption of this Local Law will not have a significant negative impact upon the environment; and

 

              WHEREAS, the acquisition of this property is considered an unlisted action pursuant to the New York State Environmental Quality Review Act (SEQRA) and chapter 128 Environmental Review, of the Town Code; and

 

              NOW, THEREFORE, BE IT RESOLVED, that a negative declaration is hereby made pursuant to the State Environmental Quality Review Act (SEQRA); and

 

              BE IT FURTHER RESOLVED, that the said Local Law is hereby enacted to read as follows:

 

                            LOCAL LAW NO.   21  OF 2017

                            INTRODUCTORY NO.   21 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 Christ Episcopal Church, and identified on the Suffolk County Tax Map as 302-2-6-5, all 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 .3 acres of land reputedly owned by Christ Episcopal Church located on 5 Hampton St., Sag Harbor Village, and identified on the Suffolk County Tax Map as p/o 302-2-6-5 for the following reasons:

This parcel has the potential to create a recreational opportunity in the dense Village of Sag Harbor.  The parcel lies across the street from additional green space.

This parcel meets 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 .3 acres of land reputedly owned by Christ Episcopal Church located on 5 Hampton St., Sag Harbor Village 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, as required by Town Law Section § 64-e (6), the Town Clerk is directed to forward copies of this resolution together with copies of the revised Community Preservation Project Plan dated July 6, 2017 to the following State agencies:

 

              Commissioner, New York State Office of Parks, Recreation, and Historic Preservation,

                20th Floor, Agency Bldg. #1, Empire State Plaza, Albany, New York 12238;

 

              Commissioner, New York State Department of Environmental Conservation,

                625 Broadway, Albany, New York 12233-1010; and

 

              Commissioner, New York State Department of Agriculture and Markets,

                1 Winner's Circle, Albany, New York 12235.

 

 

DATED: July 6, 2017                                           BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF EAST HAMPTON, NEW YORK

 

                                                                                    CAROLE BRENNAN, TOWN CLERK

Financial Impact:

$520,000 plus closing costs from CPF budget account

 

 

RESOLUTION:              2017-781

CATEGORY:                            Acquisitions

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Christ Episcopal Church Authorize CPF Acquisition and Amend 2017 M&S Plan

 

Christ Episcopal Church, AUTHORIZE CPF ACQUISITION

 

 

Purported Owner:              Christ Episcopal Church

Location:                            5 Hampton St., Sag Harbor Village

SCTM #:                            p/o 302-2-6-5

 

              WHEREAS, pursuant to § 247 of the General Municipal Law of the State of New York, the Town Board held a public hearing on July 6, 2017 to consider acquisition of approximately .3 acres of vacant land located on 5 Hampton St., Sag Harbor Village, which lands are identified on the Suffolk County Tax Map as SCTM #p/o 302-2-6-5; and

 

              WHEREAS, the purported owner has expressed a willingness to sell a portion of the above referenced property to the Town for the proposed purchase price of $520,000.00, plus survey, title, prorated tax, and recording charges; and

 

              WHEREAS, the purpose of said acquisition is the establishment of parks, nature preserves or recreation areas; 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 Christ Episcopal Church, for the purpose of acquiring a portion of said property subjecto to subdivision, at a cost to the Town of East Hampton not to exceed $520,000.00, 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:

$520,000 plus closing costs from CPF budget account

 

 

RESOLUTION:              2017-782

CATEGORY:                            Easement

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

55 Wainscott Hollow Accept Grant of Agricultural Easement

 

              WHEREAS, a public hearing was held by the Town Board of the Town of East Hampton on July 6, 2017, on proposed grant of an agricultural 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 easement listed below and authorizes and directs the Supervisor to execute same on behalf of the Town and the Town Clerk is directed to return it to the applicant for recording pursuant to the Zoning Board's Resolution, and record same in the Office of the Suffolk County Clerk.

 

GRANTOR: 55 Wainscott Hollow, LLC

TYPE OF EASEMENT: Agricultural Easement

DATE OF EASEMENT: June 9, 2017

LOCATION:              55 Wainscott Hollow Road, Wainscott

                            SCTM #300-197.00-04.00-002.001

REVIEWING AGENCY:               Planning Board