East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

East Hampton Town Board meeting of August 3, 2017
East Hampton, New York

 

 

I.              Call to Order

6:30 PM Meeting called to order on August 3, 2017 at Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY.

 

Attendee Name

Present

Absent

Late

Arrived

Councilwoman Kathee Burke-Gonzalez

¨

¨

¨

 

Councilman Peter Van Scoyoc

¨

¨

¨

 

Councilwoman Sylvia Overby

¨

¨

¨

 

Councilman Fred Overton

¨

¨

¨

 

Supervisor Larry Cantwell

¨

¨

¨

 

II.              Public Hearings

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

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

3.              The Nature Conservancy SPH NPH CPF Project Plan Addition

4.              The Nature Conservancy SPH NPH CPF Acquisition and Amend 2017 M&S Plan

5.              Set PH to Consider Amending Chapter 5 Regarding Authorized Officials

III.              Public Portion

IV.              Resolutions

A.              COUNCILWOMAN BURKE-GONZALEZ

 

RESOLUTION:              2017-846

CATEGORY:                            Warrant Approval

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

8A Warrant- Approval of Claims $1,760,879.22

 

RESOLVED, that Claims on Warrant No. 8A/2017, in the amount of $1,760,879.22 Were audited by the Town Board and the Supervisor is hereby directed to pay same; and be it further

 

RESOLVED, that Claims on Utility Warrant No. 8A/2017, in the amount of $37,281.95 Were audited by the Town Board and the Supervisor is hereby directed to pay same.

 

RESOLUTION:              2017-847

CATEGORY:                            Amendment

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Human Resources

Amend Budget Code for Michelle Posillico

 

WHEREAS, Michelle Posillico, Senior Citizen Program Supervisor in the Human Services Department, was incorrectly assigned to be paid from budget code A6773-51100 on Resolution 2016-1447, now therefore be it

 

RESOLVED, that Michelle Posillico be and is hereby paid from the budget code A6772-51100 with no changes to salary or title.

 

RESOLUTION:              2017-848

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

L.K. McLean Associates, P.C.  Addition to  "Schedule A" (Fee Schedule)

 

WHEREAS, the Town Board contracts with the Consulting Engineer firm of L.K. McLean Associates, P.C. for services for the Town of East Hampton; and

 

WHEREAS, such contracts reference "Schedule A" which names certain employees, with specific titles to perform services at a designated hourly rate; and

 

WHEREAS, L.K McLean Associates, P.C. has advised the Town of an addition to "Schedule A" which was approved by Resolution 2017-294 adopted 3/2/17; now, therefore, be it

 

RESOLVED, that the following employees shall be deemed added to the 2017 "Schedule A" adopted 3/2/17 by Resolution 2017-294:

 

 

Name                                                        Title                                                                      Hourly Rate

 

Doug Drew                                          Technician                                                        $23.27

 

RESOLUTION:              2017-849

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

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Accept Proposal for Additional Survey Work, Leased Sites at Airport

 

WHEREAS, the Town accepted the proposal submitted by L.K. McLean dated February 9, 2016 to provide for the survey of leased sites per Resolution 2016-269; and

WHEREAS, the Town identified the necessity for additional work related to the survey of certain lease parcels; and

WHEREAS, the Town authorized an expenditure not to exceed $5,000.00 by Resolution 2017-150; and

WHEREAS, L.K. Mclean Associates, P.C. has advised the Town that additional work is required to complete the survey work, at a total cost of $6,813.00; now, therefore, be it

RESOLVED, that the total funds authorized pursuant to Resolution 2017-150 is hereby increased by $1,813.00 to a total cost of $6,813.00, such amount to be paid out of Airport budget account HA 5610.52104.15054.

 

RESOLUTION:              2017-850

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Bookkeeping

Approval to Pay 2016 Invoice - Airport

 

Resolved, at the request of the Airport Manager the Town Board directs the Budget Office to pay a 2016 Airport invoice for $130.00 for a repair to the alarm system by Bellringer with the funds to be taken from the 2017 operating budget, line SX5610-54660.

 

RESOLUTION:              2017-851

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Bookkeeping

Budget Modification - Airport

 

Resolved, at the request of the Airport Manager the Budget Office is directed to make the following modifications to the 2017 Operating Budget for the purpose of moving the Hectronic kiosk into the terminal and to repair security gates:

 

From SX5610-54200 (Travel Conferences and Dues) $1,000 to SX5610-52600 (Other Equipment)

From SX5610-54200 $2,600 to SX5610-54660 (Repairs)

 

RESOLUTION:              2017-852

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Bookkeeping

Budget Amendment for Airport Drainage

 

Whereas, the Airport  needed to cover expenses for emergency drainage work that was not included in the budget ; and  now be it

 

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

 

From:

 

Budget Line:  SX5610 54520  Outside Professional   in the amount of  $ 30,000.00

 

 

To:

 

Budget Line:  SX5610 54500  Subcontractors        in the amount of  $ 30,000.00

 

RESOLUTION:              2017-853

CATEGORY:                            Issue Check

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

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 Bookkeeper 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

 

William Chomooky                 40.00                            Recycling

7210 32nd Avenue

East Elmhurst, NY  11370                                                                                                                             

 

RESOLUTION:              2017-854

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Waive Landing Fees - Patient AirLift Services

 

WHEREAS, Patient AirLift Services (PALS) is a not-for profit organization that arranges free air transportation for medical diagnosis, treatment or follow-up for patients and their family members; and

 

WHEREAS, PALS has offered air transportation to Camp Adventure, a one-week children's  oncology camp which takes place at Shelter Island from August 12 through the 18th, 2017; and

 

WHEREAS, the Town Board wishes to waive the landing fees for pilots participating in the PALS air transportation efforts for air transportation of children and their family members to and from Camp Adventure; now, therefore, be it

 

RESOLVED, that the Town Board hereby waives landing fees for pilots participating in the transportation of children and their families to and from the Camp Adventure event at Shelter Island taking place from August 12th through August 18, 2017.  

B.              COUNCILMAN VAN SCOYOC

 

RESOLUTION:              2017-855

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Notice of Public Hearing  Installation of Stop Signs at Bluff Road and Atlantic Avenue - All Directions (4-Way Stop)

 

BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on August 17, 2017 at 6:30 p.m., or as soon after as this matter can be heard, at East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a local law entitled: “A Local Law Providing for the Amendment of Chapter 240 (Vehicles and Traffic), Section 240-58, (Schedule VIII: Stop Intersections.) of the East Hampton Town Code, to provide for stop signs for a 4-way stop be installed at the intersection of Bluff Road and Atlantic Avenue, Amagansett which local law provides as follows:

Introductory No.  31  of 2017

Local Law No.  ___ - 2017

A Local Law Providing for the Amendment of Chapter 240 (Vehicles and Traffic), Section 240-58, (Schedule VIII: Stop Intersections.) of the East Hampton Town Code, to provide for stop signs to be installed at the intersection of Bluff Road and Atlantic Ave., in all directions (4-way stop).

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

SECTION 1. Legislative Intent.

It is the intent of this legislation to add stop signs to create a 4-way stop at the intersection of Bluff Road and Atlantic Avenue as a public safety measure.

SECTION 2. Amendments.

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

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

Stop Sign on                                          Direction of Travel                    At Intersection of

Bluff Road                                          East                                                        Atlantic Avenue

Bluff Road                                          West                                                        Atlantic Avenue

Atlantic Avenue                            South                                                        Bluff Road

Atlantic Avenue                            North                                                        Bluff Road

 

SECTION 3. Authority.                                                                                                                              

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

Section 5.  Effective Date.

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

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

 

NOTICE OF PUBLIC HEARING

Introductory No.  31   of 2017

PLEASE TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on Thursday, August 17, 2017 at 6:30 p.m., or as soon after as this matter can be heard, at East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a local law entitled: “A Local Law Providing for the Amendment of Chapter 240 (Vehicles and Traffic), Section 240-58, (Schedule VIII: Stop Intersections.) of the East Hampton Town Code, to provide for stop signs to be installed at certain intersections to wit: Bluff Road and Atlantic Avenue in all directions (4 Way Stop)

Summary of Proposed Law

This proposed local law will create a 4-way stop on Bluff Road and Atlantic Avenue, Amagansett, New York.

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

BY ORDER OF THE TOWN BOARD

TOWN OF EAST HAMPTON, NEW YORK

CAROLE BRENNAN, TOWN CLERK

Financial Impact:

None.

 

RESOLUTION:              2017-856

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Stephen Fields Full Time Heavy Equipment Operator in the Sanitation Department

 

WHEREAS, in accordance with the CSEA contract the position of Heavy Equipment Operator has been posted from June 29, 2017 through July 13, 2017, and

 

WHEREAS, Stephen Field meets the minimum qualifications for Heavy Equipment Operator for the Sanitation Department, and therefore be it

 

RESOLVED, that Stephen Field be and he is hereby appointed full time Heavy Equipment Operator to the Sanitation Department at the hourly salary of $22.570, $46,945.60 annually, (Grade 21 Starting Step) for a 40 hour work week, payable biweekly from Budget Account SR8160-51100 upon properly submitted time records; retroactive to July 23, 2017.

 

RESOLUTION:              2017-857

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Teo Upton Seasonal Lifeguard

 

RESOLVED, that Teo Upton be and is hereby appointed Seasonal Senior Lifeguard in the Recreation Department at $15.50/hr to be paid bi weekly from budget account A7180-51200, upon proper submission of time records; effective retroactive to July 22, 2017 and through September 15, 2017.

 

RESOLUTION:              2017-858

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Liana Paradiso Seasonal Lifeguard in the Recreation Department

 

RESOLVED, that Liana Paradiso be and is hereby appointed to the title of Advanced Ocean Lifeguard in the Recreation Department at a rate of $15.00 per hour to be paid bi-weekly from budget account A7180-51200 upon proper submission of time records, effective retroactive to July 22, 2017 and through September 15, 2017.

 

RESOLUTION:              2017-859

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Ryan Paroz Seasonal Lifeguard to the Recreation Department

 

Resolved, that Ryan Paroz be and is hereby appointed seasonal lifeguard in the Recreation Department at an hourly rate of $14.50 to be paid bi-weekly from budget account A7180-51200 upon proper submission of time records effective retroactive to July 27, 2017 and through September 15, 2017.

 

RESOLUTION:              2017-860

CATEGORY:                            Amendment

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Amend Salaries and Titles of Seasonal Lifeguards

 

Resolved, that the following lifeguards in the Recreation Department were appointed to titles and salaries on resolution 2017-505 and 2017-504 and now those titles and salaries are amended as listed below. Salaries are to be paid bi-weekly from budget account A7180-51200 upon proper submission of time records retroactive to listed effective dates; appointments effective through September 15, 2017.

 

Anthony McGorisk              Captain Lifeguard                            $17.50/hr               Effective Date 6/15/17

Jenna Budd                            Lieutenant Lifeguard                             $16.00/hr              Effective Date 6/15/17

 

RESOLUTION:              2017-861

CATEGORY:                            Acquisitions

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Acquaculture

Gift of Trailer to Shellfish Hatchery

 

Whereas, the Shellfish Hatchery has received a donation of an enclosed trailer from an anonymous donor for use in shellfish culture and outreach operations; and now be it

 

Resolved, that the Town Board receive and enter into inventory the 7' x 12', single axle, enclosed trailer.

Financial Impact:

Gift/Donation

 

 

RESOLUTION:              2017-862

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

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Retain Engineer - Approval of Waste Oil Tank - Highway Dept.

 

WHEREAS, the Town requires the professional services of an engineering firm in conjunction with the requirements of Suffolk County Sanitary Code (Article 12) for a waste oil tank at the Town Highway Department; and

 

WHEREAS, L.K. McLean Associates, P.C., Consulting Engineers, has been retained per RFP EH2015-109, Resolution 2015-903 to provide professional engineering design services to the Town as needed; and

 

WHEREAS, a proposal has been submitted by L.K. McLean Associates, P.C., Consulting Engineers to provide the required engineering services at a cost not to exceed $ 7,000.00 as set forth on the attached Proposal dated July 28, 2017; now, therefore, be it

 

RESOLVED, that L.K. McLean Associates, P.C. is hereby retained to provide engineering services in conjunction with the requirements of Suffolk County Sanitary Code (Article 12) for the approval of a waste oil tank at the Town Highway Department at Springs-Fireplace Road,  as set forth in their proposal dated July 28, 2017, at a cost not to exceed $7,000.00; and be it further

 

RESOLVED, that L.K. McLean Associates, P.C. shall be paid for such professional services from budget account A5010.54580, upon properly documented and submitted requests for payment.

 

RESOLUTION:              2017-863

CATEGORY:                            Budget

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Budget Modification - Highway Department

 

Resolved, at the request of the Highway Superintendent the Budget Office is directed to make the following modification to the 2017 operating budget:

 

$34,000.00

From:    DB5140-54741 Highway Striping

 

To:          DB5130-52600 Other Equipment

 

And

 

 

$ 2,500.00

 

From:    DB5140-54982

 

To:          DB5130-54500

 

RESOLUTION:              2017-864

CATEGORY:                            Budget

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Budget Modification - Highway Department

 

Resolved, at the request of the Highway Superindendent the Budget Office is directed to make the following modification to the 2017 Highway Department Operating Budget:

From:    DB5142-54505 Sub-Contract

$5,000

To:          DB5130-52400 Radios

 

RESOLUTION:              2017-865

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Terminate Part Time /Seasonal Employee in the Parks Department

 

WHEREAS, Nakia Mabry is employed by the Town as a part time/seasonal employee in the Parks Department, and

 

WHEREAS, the Town Maintenance Supervisor in the Parks Department, the Department Head, has recommended that Mr. Mabry's employment be terminated, and

 

WHEREAS, the Town has decided to terminate Mr. Mabry's employment with the Town, now, therefore, be it

 

RESOLVED, that Nakia Mabry's employment with the Town is hereby terminated, effective August 4, 2017.

C.              COUNCILWOMAN OVERBY

 

RESOLUTION:              2017-866

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

SPH NPH to Amend Town Code Chapter 91 (Beaches and Parks): Changes to Allowable Hunting on Town Lands

 

BE IT RESOLVED, that a public hearing is hereby scheduled to be held on a proposed Local Law amending Chapter 91 ("BEACHES AND PARKS") of the East Hampton Town Code in order to amend the schedule of Town lands on which hunting is permitted, said hearing to be held at the Town Hall Board Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, on Thursday, August 17, 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. 32 of 2017

 

A Local Law providing for the amendment of Chapter 91 ("Beaches and Parks") of the East Hampton Town Code in order to change the parcels of land on the schedules of Town lands on which hunting is permitted, 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 provides for the amendment of Chapter 91 (Beaches and Parks) of the Town Code at Schedule I, Schedule II, and Schedule III to update the list of Town lands upon which hunting is permitted.

 

SECTION II. - TOWN CODE AMENDED:

 

CHAPTER 91

BEACHES AND PARKS

 

[Amend Schedule I- Proposed Changes to Town lands to include permitted hunting as follows:]

 

SCHEDULE I - Wainscott School District

SCTM# 300-192-3-2/Talmage/6 Acres/ADD Big Game Bow/ADD Small Game

             

[Amend Schedule II- Proposed Changes to Town lands to include permitted hunting as follows:]

 

SCHEDULE II - East Hampton School District

SCTM# 300-112-3-4.1/Curtis/5 Acres/ADD Big Game Bow

SCTM# 300-112-1-25.3/Chatfield's Hole/46 Acres/REMOVE Waterfowl

 

[Amend Schedule III- Proposed Changes to Town lands to include permitted hunting as follows:]

 

SCHEDULE III - Springs School District

SCTM#  300-64-2-1/REMOVE Waterfowl

SCTM#  300-64-2-2/REMOVE Waterfowl

             

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 August 10, 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 on Thursday, August 17, 2017 at 6:30 p.m. or as soon thereafter as this matter may be heard, to consider a proposed Local Law amending Chapter 91 ("BEACHES AND PARKS") of the East Hampton Town Code in order to amend the schedule of Town lands on which hunting is permitted.

 

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: August 3, 2017              BY ORDER OF THE TOWN BOARD

TOWN OF EAST HAMPTON

 

Carole A. Brennan,

TOWN CLERK

Financial Impact:

None.

 

 

RESOLUTION:              2017-867

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Housing

Notice of Public Hearing 2018 Section 8 Administrative Plan

 

              WHEREAS, the United States Department of Housing and Urban Development (HUD) requires that all entities administering Housing Choice Voucher Program (Section 8 Rental Assistance Program) adopt a Plan, including a Comprehensive Administrative Plan for the  Program, and                                            

 

             

              WHEREAS, a public hearing is required by the United States Department of Housing and Urban Development before the plan is adopted by the Town for the Year 2018 now therefore be it

 

             RESOLVED, that a Public Hearing on the Plan is hereby scheduled to be held on October 5, 2017 at 6:30 pm or as soon thereafter as this matter may be heard by the Town Board of the Town of East Hampton at Town Hall, 159 Pantigo Road, East Hampton, New York 11937, and be it further

             

             RESOLVED, that the Town Clerk is hereby directed to publish the attached Notice of Public Hearing in the August 10, 2017 edition of the East Hampton Star, and be it further

 

                 RESOLVED, that the Director of Housing and Community Development is authorized where applicable to execute any documents necessary to submit said plan if so required to the United States Department of Housing and Urban Development, and be it further

 

                RESOLVED, that the Clerk is directed to forward a certified copy of this resolution is to Thomas E. Ruhle, Director of the Office of Housing and Community Development.

             

                                                                  Public Notice

 

Pursuant to the United States Department of Housing and Urban Development rules and regulations the Town of East Hampton is required to hold a Public Hearing on and make available to the public the plan for the operation of the Housing Choice Voucher Program(Section 8 Rental Assistance Program).  The Comprehensive Administrative Plan  is part of the plan.

 

The draft of the plan shall be available for inspection at the Office of Housing and Community Development located at 267 Bluff Road in Amagansett, New York between the hours of 9:00 am and 4:00 pm prevailing time starting August 14, 2017.  In order to be considered all comments on the draft of the plan must be submitted in writing to Thomas E. Ruhle, Director of the Office of Housing and Community Development, 159 Pantigo Road, East Hampton, New York 11937 before 3:00 pm, October 5, 2017 or introduced at a Public Hearing to be held on October 5, 2017 at 6:30 pm or as soon thereafter as this matter may be heard by the Town Board of the Town of East Hampton at Town Hall, 159 Pantigo Road, East Hampton, New York.

 

RESOLUTION:              2017-868

CATEGORY:                            Appointments

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Human Resources

Appoint John Monroe Ordinance Enforcement Officer in the Ordinance Department

 

WHEREAS, Suffolk County Department of Civil Service has given an examination for Ordinance Enforcement Officer and John Monroe is reachable on the Suffolk County list (Certification of Eligibles #17SR236), now therefore be it

 

RESOLVED, that John Monroe be is hereby appointed to Ordinance Enforcement Officer in the Ordinance Department at an hourly salary of $28.876, $60,062.08 annually, (Grade 28, Starting Step) for a 40 hour work week to be paid bi-weekly from budget account B3622-51100 upon proper submission of time records; appointment is effective August 7, 2017, and, be it further

 

RESOLVED, that the probationary period for this appointment is 26 weeks.

 

RESOLUTION:              2017-869

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Human Resources

FMLA  for Maxine Nathaniel

 

              WHEREAS, Maxine Nathaniel, has requested and is found to be eligible for a Family and Medical Leave (FMLA), now, therefore be it

 

              RESOLVED, that, in compliance with the Family and Medical Leave Act (FMLA), Maxine Nathaniel be granted up to 12 weeks leave, retroactive to July 19. 2017.  In accordance with the provisions of the Family Medical Leave Act & Town FMLA Policy, medical benefits will continue and available accrued sick, vacation and personal time will be paid prior to the utilization of unpaid leave, and be it further

 

              RESOLVED, that in compliance with Sections 825.202 and 825.203 of the FMLA regulations an employee is entitled to take FMLA leave on an intermittent or reduced schedule basis when there is a medical need for such leave and an employee is also entitled to use intermittent or reduced schedule leave for qualifying emergencies.

 

RESOLUTION:              2017-870

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Planning

Approve Payment - Hamlet Study

 

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

 

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

 

WHEREAS, the Town made payments to Dodson & Flinker, Inc., totaling $7500.00 in 2015 and $199,661.89 in 2016 for work performed; in addition two (2) 2106 invoices with a total of $34,410.00 were payed in 2017; and

 

WHEREAS; one invoice in the amount of $43,743.75 for work performed in 2016 and 2017 was received;

 

RESOLVED, that payment of Dodson & Flinker, Inc.'s invoice for work performed in 2016 and 2017 for a total of $43,743.75 is hereby approved to be paid by a 2017 purchase order from Budget Account #B8021.54520 making the total paid to Dodson & Flinker, Inc. to be $277,815.64 leaving a sum of $ 25,534.36 available for work performed in 2017.

 

RESOLUTION:              2017-871

CATEGORY:                            Acquisitions

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Authorize Contract Release

 

WHEREAS, pursuant to Resolution 2014-382, the Town of East Hampton entered into contract with Robert Scott Aldrich (Seller or Aldrich) on March 25, 2014 to acquire the property located at 54 Northwest Landing Road, East Hampton, New York, more particularly described on the Suffolk County Tax Map as SCTM# 300-90-1-25.1; and

 

WHEREAS, the purchase price for the property is $630,000 and is to be paid out of the Town's Community Preservation Fund; and

 

WHEREAS, by letter dated July 18, 2017, the Seller has requested to be released from the above-referenced contract with the Town of East Hampton; and

 

WHEREAS, the Town Board wishes to release the Seller from his contract with the Town; now, therefore be it

 

RESOLVED, the Town Board authorizes the release of the Robert Scott Aldrich from the contract between Robert Scott Aldrich and the Town of East Hampton dated March 25, 2014 to purchase the property at 54 Northwest Landing Road, East Hampton, NY, more particularly described on the Suffolk County Tax Map as SCTM# 300-90-1-25.1, and be it further

 

RESOLVED, that the aforementioned contract shall become null and void and neither party shall have any further rights, obligations or liabilities against the other except that Seller shall be responsible for any costs incurred by the Town as a result of the contract, including, but not limited to, survey and title charges.

Financial Impact:

Cancel $630,000 to be paid out of CPF. Seller requested release from contract.

 

 

RESOLUTION:              2017-872

CATEGORY:                            Easement

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Accept Road Widening Easement - URP 224 in SP-4-1

 

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            

 

New Sunshine                            URP #224 in SP-4-1              Lafayette Place              Road Widening  08/23/16

8 Howard Street              Lots 39-44                            Springs             

East Hampton                            Montauk View

                                          Map 16

                                          3 Lafayette Pl.

                                          0300-94-2-15.2

 

RESOLUTION:              2017-873

CATEGORY:                            Issue Check

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Issue Check Eric M. Fuchsman

 

              WHEREAS, an Article 78 Proceeding has been brought against the Zoning Board of Appeals of the Town of East Hampton by Paddle Diva, Index No.: 17-00012 ; and

 

              WHEREAS, the Town retained the services of Eric M. Fuchsman, Senior Court Reporter, in connection with said Zoning Board of Appeals Supreme court hearing on July 20, 2017 for a fee of $145.00; now therefore be it;

 

              RESOLVED, that the Town Board authorizes the budget office to issue a check in the amount of $145.00, upon voucher properly submitted, from Budget Account No. A1420-54520 to Eric M. Fuchsman, Senior Court Reporter, to cover the cost of said services.

D.              SUPERVISOR CANTWELL

 

RESOLUTION:              2017-874

CATEGORY:                            Amendment

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Human Resources

Amend CSEA Schedule A

 

WHEREAS, the Suffolk County Department of Civil Service has made the determination to amend the title of Paralegal Assistant to Paralegal, and

 

WHEREAS, the current CSEA Schedule A for The Town of East Hampton lists Paralegal Assistant at Grade 25, and,

 

WHEREAS, Maura Gledhill and Christina Arkinson currently hold the title of Paralegal Assistant, now, therefore be it

 

RESOLVED, that the title Paralegal Assistant be and is hereby changed to the title of Paralegal in the existing CSEA Schedule A for a 30/35/40 hour work week at Grade 25, and

 

RESOLVED, that Maura Gledhill and Christina Arkinson be and are hereby changed to the title of Paralegal with no change in budget account or salary.

 

RESOLUTION:              2017-875

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Bookkeeping

Budget Modification - Ordinance Enforcement

 

Resolved, at the request of the department head the Budget Office is directed to make the following modifications to the Ordinance Enforcement 2017 operating budget:

 

From B3622-54200 (Travel) $600 to B3622-54300 (Telephone)

From B3622-52600 (Other Equipment) $2,000 to B3622-54400 (Lease of Equipment)

 

RESOLUTION:              2017-876

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Bookkeeping

Budget Modification for Building Department

 

Whereas, The Building department's 4  laptop computers are in need of replacement and the Principal Building Inspector has identified in her 2017 budget created by position vacancies, now therefore be it,

Resolved, the Town Board directs  Budget Office  to amend the 2017 Building Department budget as follows:

 

FROM:  Account # B3620.51100   Full Time Salaries        in the amount of $17,950.00

TO:               Account # B3620.52450    Computer  Equipment  in the amount of $17.950.00

 

RESOLUTION:              2017-877

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Amend Reso #2017-773 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 A1940-54102.

 

RESOLUTION:              2017-878

CATEGORY:                            Bids Extended

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Purchasing

Extend Contract - EH14-036- Annual Contract for  Printing of Miscellaneous Forms II -  W.B. Mason Co., Inc., Montauk Printing & Minuteman Press/Effects of Color

 

WHEREAS, the Town solicited bids in 2014 for the Annual Contract for

the Printing of Miscellaneous Forms II - Bid No. EH14-036; and

 

WHEREAS, the bids of W.B. Mason, Inc., Montauk Printing & Minuteman Press/Effects of Color were the lowest bid received meeting the bid specifications; and

 

WHEREAS, the Town Board accepted the bids of W.B. Mason, Inc., Montauk Printing & Minuteman Press/Effects of Color and entered into an agreement that is renewable, upon agreement of the parties, for two (2) additional one year terms;

 

WHEREAS, the user Departments have recommended extension of the agreement with W.B. Mason, Inc. for items 4a,4b,5a,5b,8a,8b,9a & 9b, Montauk Printing for items 1a,1b,3,7a & 7b, Minuteman Press/Effects of Color for items 2a,2b & 6 , now therefore be it;

 

RESOLVED, that the Purchasing Agent is hereby authorized to issue purchase orders to W.B. Mason, Inc., Montauk Printing & Minuteman Press/Effects of Color in accordance with the Town's bid specifications and the bid submission of the Contractor for a period of one year to be effective retroactive from November 18, 2016 through November 17, 2017 under the same terms and conditions of the original contract.

 

RESOLUTION:              2017-879

CATEGORY:                            Bids to Notice

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Purchasing

Notice RFP EH2017-112 - Professional Engineering Services for Accabonac Harbor Stormwater Abatement  Technical Design Proposal Available 8/10/17-Proposal Due 9/7/17

 

WHEREAS, the Town of East Hampton wishes to obtain services through a Request for Proposal for the Professional Engineering Services for Accabonac Harbor Stormwater Abatement Technical Design; now, therefore be it

 

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

 

                                                        Request for Proposals

 

TAKE NOTICE, that sealed proposals will be received by the Purchasing Agent, Purchasing Department 159 Pantigo Road on Thursday, September 7, 2017 no later than 3:00 p.m. prevailing time.

 

Specifications are available at the Purchasing Department Office and may be picked up between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, (except Holidays) beginning August 10, 2017.  These proposals have met with approval of the Purchasing Department.

 

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

 

And, be it further

 

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

 

RFP #                            Name                                                                                                  Opening Date                           

EH2017-112              Professional Engineering Services                                          September 7,2017

                            for Accabonac Harbor Stormwater Abatement

                            Technical Design             

 

; and, be it further

 

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

Financial Impact:

Fund line # CA8802-54500

 

 

RESOLUTION:              2017-880

CATEGORY:                            Bids Accepted

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Purchasing

Accept Bid EH17-030  - Supply & Delivery of  Auto Parts 2017 - Advance Stores Company , D/B/A Advance Auto Parts, Grade a Petroleum, Long Island Truck Parts, Inc., Morgan Auto Supply, Inc., Buzz Chew Chevrolet-Cadillac, Inc.

 

WHEREAS, the Town Board solicited bids for the Supply & Delivery of Auto Parts 2017, Bid No. EH17-030; and

 

WHEREAS, the bids of Advance Stores Company , D/B/A Advance Auto Parts, Grade A Petroleum,Long Island Truck Parts, Inc., Morgan Auto Supply, Inc. and Buzz Chew Chevrolet Cadillac, Inc. were the lowest bids received meeting the bid specifications and being in proper form; and

 

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

 

RESOLVED, that the bids of Advance Stores Company , D/B/A Advance Auto Parts, Grade A Petroleum,Long Island Truck Parts, Inc., Morgan Auto Supply, Inc. and Buzz Chew Chevrolet - Cadillac, Inc. are hereby accepted and the Purchasing Agent is hereby authorized to issue a purchase order in accordance with the Town's bid specifications and the bid submission of the contractors.

 

RESOLUTION:              2017-881

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Retain Troy & Banks for Utility Audits

 

WHEREAS, Rockland County solicted proposals for the auditing of utility and telecommunications audits to locate errors and/or overpayments and to also recommend savings on future billings; and

 

WHEREAS, Troy & Banks, Inc. was the successful proposer, and Rockland County's specifications provided that the bid could be extended to other municipalities; and

 

WHEREAS, the Town wishes to retain Troy & Banks, Inc. as a consultant to peform utilty and telecommunications audits and savings recommendations upon the same terms and conditions as set forth in their Proposal to Rockland County, whereby the consultant reviews past utility and telecommunications invoices and seeks refunds for any overpayments made to such utility or telecommunications company, retaining a percentage of the sums recovered and/or saved as compensation; now, therefore, be it

 

RESOLVED, that Troy and Banks, Inc. is hereby retained to perform Utility and Telecommunications audits for the Town of East Hampton, and make recommendations for savings, as set forth in their proposal to Rockland County, with Troy & Banks, Inc.  retaining 24% of the funds from any overpayments and/or billing errors recovered from such utility and telecommunications companies, or future savings; and be it further

 

RESOLVED, that the Supervisor is hereby authorized to enter into an agreement with Troy & Banks for such services.

 

RESOLUTION:              2017-882

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Bookkeeping

Approve Team Budget Software Upgrade

 

WHEREAS,  Resolution 2015-752 authorized the project to upgrade and  migrate  the Team Budget Software to  be hosted on Questica's  server and agreed to automatic future upgrades; . Now therefore be it

RESOLVED, The Team Budget Upgrade funding  is approved  as a cost not to exceed $13,320 to be funded from  Computer Master Plan -HA 1680 52450 15014

 

RESOLUTION:              2017-883

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Approve Team Budget Software Maintenance, Support and Hosting 2017/2018

 

WHEREAS, the Team Budget Software has been upgraded to a vendor hosted system to allow the Town the benefit of the latest software enhancements and funtionality; and

 

WHEREAS, the town wishes to continue to have Questica host, support and maintain the Town's Team Budget system for the 2017/18 period; now, therefore, be it

 

RESOLVED, that the Supervisor is authorized to execute an agreement with Questica for the maintenance, support and hosting of the Town's Team Budget software for the period ending August 31, 2018; and be it further

 

RESOLVED, that Questica shall be paid from Budget Account #A 1680 54623 Maintenance Contract Software in the amount of $11,444.28 and from Budget Account #B 1680 54623 Maintenance Contract Software in the amount of $3,814.76 for a total of $15,259.04 for the term of the Agreement ending August 30, 2018.

Financial Impact:

A 1680 54623  $11,444.28

B 1680 54623  $3,814.76    for a total of $15,259.04

 

 

RESOLUTION:              2017-884

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Legal Action - Spiritoso/Grey Lady

 

BE IT RESOLVED, that the Town Board hereby authorizes the of the Office of the Town Attorney to initiate, prosecute, and resolve a legal action against the appropriate parties regarding the use and occupancy of a property commonly known as 440 West Lake Drive, Hamlet of Montauk, Town of East Hampton as more particularly described on the Suffolk County Tax Map Number 300-6-3-16.

E.              ADDITIONAL RESOLUTIONS

 

RESOLUTION:              2017-885

CATEGORY:                            Acquisitions

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

The Nature Conservancy as Contract Vendee Authorize CPF Porject Plan Addition

 

The Nature Conservancy as contract vendee, Projet Plan Addition Authorizing Resolution

 

              WHEREAS, a public hearing was held by the Town Board of the Town of East Hampton on August 3, 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 The Nature Conservancy as contract vendee, and identified on the Suffolk County Tax Map as 300-63-3-24.2, 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.     OF 2017

                            INTRODUCTORY NO.    OF 2017

 

A Local Law providing for the adoption of a revised "Community Preservation Project Plan," pursuant to Section § 64-e of the New York Town Law, which provides for the preservation of open space, historic places, and recreational areas within the Town of East Hampton, including the incorporated villages therein, to include lands reputedly owned by The Nature Conservancy as contract vendee, and identified on the Suffolk County Tax Map as 300-63-3-24.2, 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 3.1acres of land reputedly owned by The Nature Conservancy as Contract Vendee located on 888 Springs Fireplace Rd., Springs, and identified on the Suffolk County Tax Map as 300-63-3-24.2 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 3.1acres of land reputedly owned by The Nature Conservancy as Contract Vendee located on 888 Springs Fireplace Rd., Springs, and identified on the Suffolk County Tax Map as 300-63-3-24.2 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, 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 August 3, 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: August 3, 2017                                           BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF EAST HAMPTON, NEW YORK

 

                                                                                    CAROLE BRENNAN, TOWN CLERK

Financial Impact:

No impact

 

 

RESOLUTION:              2017-886

CATEGORY:                            Acquisitions

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

The Nature Conservancy as Contract Vendee Authorize CPF Acquisition and Amend 2017 M&S Plan

 

Authorize CPF Acquisition and Amend 2017 M&S Plan

 

Purported Owner:              The Nature Conservancy as Contract Vendee

Location:                            888 Springs Fireplace Rd., Springs

SCTM #:                            300-63-3-24.2

 

              WHEREAS, pursuant to § 247 of the General Municipal Law of the State of New York, the Town Board held a public hearing on August 3, 2017 to consider acquisition of approximately 3.1 acres of developed land located on 888 Springs Fireplace Rd., Springs, which land is identified on the Suffolk County Tax Map as SCTM #300-63-3-24.2; and

 

              WHEREAS, the purported owner has expressed a willingness to sell the above referenced property in fee to the Town for the proposed purchase price of $2,000,000.00, plus survey, title, prorated tax, and recording charges; and

 

              WHEREAS, the parcel contains a single family dwelling and associated structures: The Town Board has allowed an exception to its stated policy of requiring the seller to remove structures prior to acquisition; and

 

              WHEREAS, post acquisition, the Town will remove structures to return this property back to a natural state; 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 The Nature Conservancy as Contract Vendee, for the purpose of acquiring said property at a cost to the Town of East Hampton not to exceed $2,000,000.00, 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:

$2,000,000 from CPF budget account