East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

East Hampton Town Board meeting of December 21, 2017
East Hampton, New York

 

 

I.              Call to Order

6:30 PM Meeting called to order on December 21, 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.              Lendino SPH NPH CPF Project Plan Addition

2.              Lendino SPH NPH CPF Acquisition

III.              Public Portion

IV.              Resolutions

A.              COUNCILWOMAN BURKE-GONZALEZ

 

RESOLUTION:              2017-1301

CATEGORY:                            Warrant Approval

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

12B Warrant- Approval of Claims $4,158,956.80 12B Utility Warrant $39,558.51

 

RESOLVED, that Claims on Warrant No. 12B/2017, in the amount of $ 4,158,956.80                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. 12B/2017, in the amount of $ 39,558.51           Were audited by the Town Board and the Supervisor is hereby directed to pay same.

 

RESOLUTION:              2017-1302

CATEGORY:                            Bond SEQRA

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

SEQRA Determination for Bond Resolution, Airport Taxiway Improvements

 

WHEREAS, the Town Board has before it for consideration on December 21, 2017, a Bond Resolution for the funding of improvements to taxiways at the East Hampton Town Airport with an estimated maximum cost of $2,100,000.00; and

 

WHEREAS, the proposed project is deemed an Unlisted Action under the New York State Environmental Quality Review Act (SEQRA) and Chapter 128 of the Town Code; and

 

WHEREAS, the Planning Director has prepared an Environmental Assessment Form for the Town Board's review and consideration in relation to the proposed project to improve the airport taxiways; and

 

WHEREAS, the Town Board has reviewed the Environmental Assessment Form and finds that there shall not be any moderate or large impacts on the environment from the proposed action; and now, therefore be it

 

RESOLVED, that the Town Board hereby finds that the proposed project for improvements to the airport taxiways at the Town Airport at Daniel's Hole Road, Wainscott shall not result in any significant adverse environmental impacts; and be it further

 

RESOLVED, that the Town Board hereby adopts a negative declaration in connection with the project for improvements to the airport taxiways at the Town Airport pursuant to 6 NYCRR Part 617.7 and as such, no further environmental analysis of the proposed project is required.

 

RESOLUTION:              2017-1303

CATEGORY:                            Bond

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

BOND - $2,100,000 Airport Taxiway Project

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED DECEMBER 21, 2017, AUTHORIZING THE Construction of improvements to taxiways at the East Hampton Airport, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,100,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $2,100,000 TO FINANCE SAID APPROPRIATION.

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

Section 1.  The Town of East Hampton, in the County of Suffolk, New York (herein called the “Town”), is hereby authorized to construct improvements to taxiways at the East Hampton Airport.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $2,100,000 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 $2,100,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable.  Debt service on the obligations herein authorized is expected to be paid from the Town’s Airport Fund, as determined by the Town Board. 

Section 2.  Bonds of the Town in the principal amount of not to exceed $2,100,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation.

Section 3.  The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 14-a of the Law, is thirty (30) 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 Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and 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 December 21, 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 December 21, 2017, authorizing the construction of improvements to taxiways at the East Hampton Airport, stating the estimated maximum cost thereof is $2,100,000, appropriating said amount for such purpose and authorizing the issuance of bonds in the principal amount of not to exceed $2,100,000 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 improvements to taxiways at the East Hampton Airport; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $2,100,000; 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 $2,100,000 to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; and STATING that debt service on the obligations herein authorized is expected to be paid from the Town’s Airport Fund, as determined by the Town Board;

SECOND:  AUTHORIZING the issuance of not to exceed $2,100,000 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 thirty (30) 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 $2,100,000 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: December 21, 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:              2017-1304

CATEGORY:                            Public Notice

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

2018 Organizational Meeting - January 2, 2018

 

RESOLVED, that the Town Board of the Town of East Hampton will hold it's Annual Organizational Meeting on Tuesday, January 2, 2018 at 10:00 a.m. at the Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY 11937. 

 

RESOLUTION:              2017-1305

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Human Resources

Amend CSEA Schedule "A" for Mini Bus Driver Title

 

Whereas, the Director of Human Services has suggested that an adjustment be made for the salaries of Mini Bus Driver to reflect the level of work performed and to attract and retain key personnel, now therefore be it,

 

Resolved, The CSEA Schedule A is hereby amended to reflect a reassignment of grade for the title of mini bus driver from Grade 8 (start $16.00) to Grade 12 (start $17.804) for the following employees, to be paid from the appropriate budgeted salary line. Effective January 1, 2018:

 

Carolann Sisk                            Mini Bus Driver              $20.465 (Grade 12 Step 7) $42,567.20  40hr/wk

             

Terry Harris                            Mini Bus Driver              $19.666 (Grade 12 Step 5) $35,792.12  35hr/wk

 

Antonios Foskolos              Mini Bus Driver              $19.279 (Grade 12 Step 4) $40,100.32  40hr/wk

 

Edith Mancini                            Mini Bus Driver              $18.162 (Grade 12 Step 1) $33,054.84  35hr/wk

 

RESOLUTION:              2017-1306

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Human Resources

Amend CSEA Schedule "A" for Sr. Citizen Program Supervisor

 

Whereas, the Director of Human Services  has requested that an adjustment be made for the salary of Bus Driver to reflect the level of work  performed and to attract and retain key personnel. The funding for the  re-grade of this position was approved for the 2018 Budget, now therefore be it,

 

Resolved, the CSEA Schedule A is hereby amended to reflect a reassignment of the title of Bus Driver which is to be moved from Grade 9 on the 2017 CSEA Schedule A to Grade 13 on the 2018 Schedule, and, be it further

 

RESOLVED, that the following employee will be is to be regraded with no change in budget account, A8991-51100, or hours, 40 hours per week, at the salary, Grade and step listed below, effective January 1, 2018:

 

Carol L. Bennett   Grade 13  Off Step   22.022 hourly     $45,805.76

 

RESOLUTION:              2017-1307

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Bookkeeping

Budget Modification Airport

 

Resolved, that at the request of the Airport Manager some money be moved as follows to the subcontractor line to be available for plowing if there are multiple snow events before the close of the fiscal year:

 

From SX5610-54520 (Outside Professional) $17,000 to SX5610-54500 (Subcontractors)

 

RESOLUTION:              2017-1308

CATEGORY:                            Bids Accepted

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Purchasing

Accept Bid EH17-039, Snow Plowing At the East Hampton Airport 2018-  Southampton Excavation & Site Development, LLC

 

WHEREAS, the Town Board solicited bids for Snow Plowing at the East Hampton Airport 2018; and

 

WHEREAS, the bid of Southampton Excavation & Site Development, LLC was the lowest bid received meeting the bid specifications and being in proper form; and

 

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

 

RESOLVED, that the bid of Southampton Excavation & Site Development, LLC in the amount of

 

$8,380.00 - 0"-4"

$15,780.00 - 4" - 8"

$24,780.00 - 8" -12"

$31,690.00 - 12" plus

 

For the plowing is hereby accepted, and the Purchasing Agent is hereby authorized to issue purchase orders in accordance with the Town's bid specifications and the bid submission of the contractor.

 

RESOLUTION:              2017-1309

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Accept Proposal - Annual Maintenance Town Clerk Licensing System .

 

WHEREAS, the Town requires annual licensing, support and maintenance for the Town Clerk's Licensing System software; and

 

WHEREAS, Business Automation Services, Inc., (BAS) has submitted a proposal to provide such licensing, support and maintenance services at an annual cost of $2,590.00, as set forth in their proposal dated 10/15/2017; now, therefore, be it

 

RESOLVED, that the proposal of BAS dated 10/15/2017 is hereby accepted, and the Supervisor is authorized to enter into an agreement with BAS for Town Clerk Licensing System software, support and maintenance, at a cost not to exceed $2,590.00 for the 2018 calendar year, such costs to be paid from Budget Account # A1680 54623 in the amount of $1942.50 and Budget Account # B1680 54623 in the amount of $647.50.

 

RESOLUTION:              2017-1310

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Authorize Contract - Tyler Technologies

 

WHEREAS, the Town Board retained Tyler Technologies Inc. for MUNIS Software to support the Finance Internal Audit, Human Resources and Purchasing functions commencing in 2015, and the same has was renewed for 2016 and 2017; and

 

WHEREAS, the Information Technology Department has received invoices for licensing and support for fiscal year 2018 commencing January 1, 2018;  now,  therefore, be it

 

RESOLVED, that the Budget Office is hereby authorized to pay Tyler Technologies Inc. The sum of $58,759.13 for charges regarding licensing and support for fiscal year 2018 commencing on 1/1/18 and ending on 12/31/18 to support the Town's Finance, Accounting & Internal Audit, Human Resources and Purchasing offices, said amount to be paid from Budget Account #A1680.54623 in the amount of $47,378.70 and B 1680.54623 in the amount of $11,380.43;  and be it further

 

RESOLVED, that the Supervisor is authorized and directed to sign any and all agreements, in a form approved by the Office of the Town Attorney. 

 

RESOLUTION:              2017-1311

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Extension of Resolution 2017-571 Authorizing Survey and Form Submission to the FAA for 3 and 41 Industrial Road

 

WHEREAS, the Town submitted Request for the Written Release (Request) for the properties at 3, 39 and 41 Industrial Road in order to comply with lease terms which require sale to the current tenants; and

WHEREAS, as part of the Request process the Town needs additional surveys on 3 and 41 Industrial Road; and

WHEREAS, the Town  accepted a previous proposal of L.K. McLean Associates, P.C. which included the survey and the submission of Form 7460 directly to the FAA for 39 Industrial Road meeting all required specifications in the amount of $3,200 dollars; and

WHEREAS, the additional surveys and submissions of Form 7460 directly to the FAA for 3 and 41 Industrial Road meeting will incur costs in an amount not to exceed $2,500 pursuant to the same terms of the agreement fully executed on December 14, 2017; now therefore be it

RESOLVED, that the Supervisor is authorized to execute an agreement rider to the agreement dated December 14, 2017 to authorize surveys and other submissions for 3 and 41 Industrial Road; and be it further

RESOLVED, that the total funds authorized pursuant to Resolution 2017-571 is hereby increased by $2,500.00 to a total cost of $5,700.00, such amount to be paid out of professional line SX5610-54520.

 

RESOLUTION:              2017-1312

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Authorize Engineering Work to Comply with FAA Requirements from Part 16 Action at EH Airport

 

WHEREAS, the Town is involved in a FAA Part 16 proceeding brought by the Friends of East Hampton Airport regarding certain issues at the East Hampton Airport; and,

 

WHEREAS, the pursuant to this action, the FAA is requiring the Town to mark 4-22 as Taxiway H; and,

 

WHEREAS, Michael Baker International has been involved in providing the Town with engineering and consulting work at the East Hampton Airport and is in the best position to provide the professional engineering and consulting needs of the Town in responding to the FAA's requirements; now therefore be it

 

RESOLVED, that the Supervisor is hereby authorized and directed to enter into a work authorization agreement #16, in a form to be approved by the office of the Town Attorney, with Michael Baker International to provide consulting and engineering work to encompass the removal of existing runway designation signs, design of new airfield taxiway signage, the locating of said signage and any necessary utility upgrades to provide power to illuminate signage; and be it further

 

RESOLVED,   that the cost of said work authorization shall not exceed $9,000.00 and shall be paid from the Outside Professional line SX5610 54520.

 

RESOLUTION:              2017-1313

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Retain HMMH as General Noise Consultant for Airport

 

WHEREAS, there are numerous issues at the airport that require the expertise of an aviation noise consultant; and,

 

WHEREAS, HMMH has completed a number of projects involving the airport and has the requisite expertise to advise the Town on airport noise issues; now therefore be it

 

RESOLVED, that the Supervisor is authorized and directed to sign a retainer agreement, in a form to be approved by the office of the Town Attorney, with HMMH in an amount not to exceed $50,000.00 dollars for 2018 general noise consultant work for airport issues.

 

RESOLVED, the Town of East Hampton hereby retains HMMH payable from the Outside Professional line SX5610 54520 in accordance with the following fee schedule.

 

Employee Classification                                                                                    Hourly Rates

Supervisory Consultant                                                                                    $285.00-$325.00

Principal Consultant/Engineer/Scientist                                                        $210.00-$284.00

Senior Consultant                                                                                    $145.00-$209.00

Senior Programmer/Software Support                                                        $265.00-$280.00

Consultant                                                                                                  $110.00-$144.00

Graphics                                                                                                                $100.00-$140.00

Technical/Staff Assistant/Project Support                                                        $100.00-$140.00

Senior Project Support                                                                                    $190.00-$200.00

 

RESOLUTION:              2017-1314

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Attorney

Authorize Supervisor to Sign Agreement with HR&A for Part 161 Economic Consultant

 

WHEREAS, Resolution 2017-1137 made a Request for Qualifications (EH2017Q-101) for an Economic Consultant to participate in the Town's Part 161 application to the FAA; and,

 

WHEREAS, responses to EH2017Q-101 were returned and opened on November 21, 2017; and,

 

WHEREAS, after interviewing firms and reviewing submittals, the Town's outside counsel for the Part 161 process found that HR&A had the technical skills and experience to support the Town's Part 161 effort; now therefore be it

 

RESOLVED, that the Supervisor is authorized and directed to enter into an agreement, in a form to be approved by the office of the Town Attorney, to retain HR&A to perform economic consultancy work as part of the Town's Part 161 process; and be it further

 

RESOLVED, that the funding for said work shall be in accordance with the rate schedule in said agreement in an amount not to exceed $260,000.00 dollars to be paid from the 2018 Budget year Outside Professional line SX5610 54520.   

B.              COUNCILMAN VAN SCOYOC

 

RESOLUTION:              2017-1315

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Resolution Setting a Public Hearing to Consider Amending Chapter 240 (Vehicles and Traffic) to Amend Section 240-61 ("Schedule XI: Parking Prohibited at All Times.") and to Amend Section 240-80 (Schedule XXX:  Traffic Regulations- Certain Entities.)" to the East Hampton Town Code to Allow Designated Parking on Laurel Drive

 

BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on January 4, 2018 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) to Amend Section 240-61 (“Schedule XI:  Parking Prohibited at All Times.”) and to Amend Chapter 240-80 (“Schedule XXX:  Traffic Regulations-Certain Entities.)” to the East Hampton Town Code to Allow for Designated Parking along certain portions of Laurel Drive” which provides as follows:

 

Introductory No. 47 of 2017

Local Law No.  ___ - 2018

 

A Local Law Providing for the Amendment of Chapter 240 (Vehicles and Traffic) to Amend Section 240-61 (“Schedule XI:  Parking Prohibited at All Times.”) and to Amend Chapter 240-80 (“Schedule XXX:  Traffic Regulations-Certain Entities.)” to the East Hampton Town Code to Allow for Designated Parking along certain portions of Laurel Drive.

 

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

SECTION 1. Legislative Intent.

The intent of this legislation is to provide for two parking spots on Laurel Drive one of which shall be a disability parking spot.

SECTION 2. Amendments.

Chapter 240 (Vehicles and Traffic) is hereby amended to remove the following crossed out words within the section and replace with the underlined words in alphabetical order as they would appear:

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

Laurel Drive              South                            From a point 181 feet northwest from the intersection of Davis

Drive to an end point of 221 feet

 

Laurel Drive              South                            Entire Length except for two spots one disability and one

regular located between 181 feet and 221 feet southwest of

Davis Drive

 

§ 240-80 Schedule XXX:  Traffic Regulations-Certain Entities.

Laurel Drive              Montauk              Disability parking

SECTION 3. Authority.                                                                                                                              

The Town Board is authorized to establish and promulgate rules and regulations regarding prohibiting, restricting, or limiting the stopping, standing or parking of vehicles pursuant to Vehicle and Traffic Law of the State of New York §1660.

SECTION 4.  Severability.

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

Section 5.  Effective Date.

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

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.47 of 2017

 

PLEASE TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on Thursday, January 4, 2018 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) to Amend Section 240-61 (“Schedule XI:  Parking Prohibited at All Times.”) and to Amend Chapter 240-80 (“Schedule XXX:  Traffic Regulations-Certain Entities.)” to the East Hampton Town Code to Allow for Designated Parking along certain portions of Laurel Drive.”

 

Summary of Proposed Law

The Town Board seeks to provide disability parking by permit space and one permitted parking space on Laurel Drive.

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

 

RESOLUTION:              2017-1316

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Marilyn Grande Part Time Grants Technician in the Natural Resources Department

 

Resolved, Marilyn Grande is hereby appointed to the title of Grants Technician in the Natural Resources Department on a part time basis at an hourly rate of $26.105 to be paid bi-weekly from budget account A8790-51200, upon proper submission of time records. Effective January 1, 2018.

 

RESOLUTION:              2017-1317

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint James Kommer to Provisional Environmental Analyst in the Natural Resources Department

 

              WHEREAS, Suffolk County Department of Civil Service has given an examination for the title of Environmental Analyst and the Town  has requested and been notified that no eligible list is in existence for the above mentioned title, and

             

              WHEREAS, the Town of East Hampton has requested and received permission to fill the position of Environmental Analyst on a provisional basis, and

 

              WHEREAS, in accordance with the CSEA contract the position has been posted (number 2017-43) from December 1, 2017 to December 14, 2017 and James Kommer, Environmental Technician in the Planning Department, meets the required qualifications for the position, now therefore be it

 

              RESOLVED, that James Kommer be and is hereby appointed on a provisional basis to the full-time position of Environmental Analyst $26.242 hourly and $54,583.36 (Grade 25 - Step 1) annually for a 40 hour work week, payable biweekly from budget account # A8790-51100, said appointment to take effect December 25, 2017.

 

RESOLUTION:              2017-1318

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Spencer Trotman Part Time Laborer in the Highway Department

 

RESOLVED, Spencer Trotman is hereby appointed to the title of Laborer in the Highway Department on a part time basis at a rate of 19.546/hr to be paid bi-weekly from budget account DB5110-51100 upon proper submission of time records. Effective January 2, 2018.

 

RESOLUTION:              2017-1319

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Increase Hours for Full Time Employee Susan A. Miller in the Department of Sanitation

 

WHEREAS, Susan A. Miller is a full time Clerk Typist in the Department of Sanitation working 35 hours per week, and

 

WHEREAS, the Town of East Hampton's CSEA Schedule "A" lists the title of Clerk Typist with a 30/35/40 hour per week option for full time status, now therefore be it

 

RESOLVED, Susan A. Miller will be scheduled for 40 hours per week with no change in hourly rate or budget account. Effective January 1, 2018.

 

RESOLUTION:              2017-1320

CATEGORY:                            Amendment

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Amend Salary for Claudia Kusanovic

 

WHEREAS, Resolution 2017-1197 incorrectly listed the hourly rate for Claudia Kusanovic as $12.453/hr, therefore be it

 

RESOLVED, Claudia Kusanovic be and is hereby paid at an hourly rate of $12.57 with no change to budget code. Effective retroactive to November 23, 2017.

 

RESOLUTION:              2017-1321

CATEGORY:                            Amendment

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Amend Salary for Joseph Mckee and Daniel White

 

WHEREAS, Resolution 2017-1196 incorrectly listed the salaries for Daniel White and Joseph McKee, therefore be it

 

RESOLVED, that Daniel White and Joseph McKee be paid at the listed rates with no change to budget code. Effective retroactive to December 2, 2017.

 

Joseph McKee                            Recreation Aide- Basketball                            16.67/hr

Daniel White                            Recreatin Specialist - Basketball              20.20/hr

 

RESOLUTION:              2017-1322

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Accept Resignation- James Frazier

 

WHEREAS, James Frazier was employed by the Town of East Hampton as an Automotive Mechanic I in the Parks Department, and,

 

WHEREAS, James Frazier has tendered his resignation from employment with the Town effective December 20, 2017, now, therefore, be it

 

RESOLVED, that the resignation of James Frazier is hereby accepted by the Town Board

 

RESOLUTION:              2017-1323

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Human Resources

Minimum Wage Increase for Part Time Employees in the Recreation Department

 

RESOLVED, the employees listed below will have a rate increase to $11.00 an hour to meet the minimum wage guidelines as set forth by the New York State Department of Labor; rate increase is effective December 31, 2017 with no change in Budget Account or title:

 

Shaca Jones                        Seasonal Recreation Aide           Budget Account: A7020-51200

Tri Nguyen                      Seasonal Recreation Aide           Budget Account: A7020-51200

Andrew Payne            Seasonal Recreation Aide                      Budget Account: A7020-51200

Brian Mott                 Seasonal Recreation Aide           Budget Account: A7020-51200

Lloyd Kopka               Seasonal Recreation Aide           Budget Account: A7020-51200

Carla Walsh               Seasonal Recreation Aide                       Budget Account: A7020-51200

Marcus Edwards         Seasonal Recreation Aide           Budget Account: A7020-51200

Luke Walter               Seasonal Recreation Aide           Budget Account: A7020-51200

Patrick Moloney          Part Time Rec Aide                                    Budget Account: A7110-51200

Malachi Frazier-Miller   Part Time Rec Aide                    Budget Account: A7020-51200

 

RESOLUTION:              2017-1324

CATEGORY:                            Deeds

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Accept Road - P/O Handy Lane (Cul-De-Sac)

 

WHEREAS, in connection with the subdivision known as Handy Lane East and Handy Lane West, a dedication of land has been offered by the Owner, Glen Behr and Outerbridge Assoc., Inc. for a portion of lots over which the cul-de-sac required under the Urban Renewal Map at Handy Land is located; and

 

WHEREAS, the Town Engineer has advise that the dedication of this property is consistent with the requirements of the Town Urban Renewal Map and the Superintendent of Highways supports the dedication in order for Handy Lane to become a part of the Town Highway System as required by the Urban Renewal Map; now, therefore, be it

 

RESOLVED, that the Town hereby accepts the deeds of dedication listed below and authorizes and directs the Supervisor to accept same on behalf of the Town, and the Town Clerk is hereby directed to record the deeds and pay the necessary fees for the same.

 

Owner: Glen Behr and Outerbridge Assoc. Inc.

Portion of Handy Lane cul-de-sac

Dated: December 1, 2017

 

RESOLUTION:              2017-1325

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

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Retain Drew Bennett - Engineering Services, FEMA Projects

 

              WHEREAS, the Town requires pre-construction professional engineering services to support restoration projects for damages incurred by Storm Sandy, including the West Lake Drive parking, Gerard Drive mitigation and Culloden Point Stair replacement and Mitigation; and

 

              WHEREAS, D.B. Bennett, Consulting Engineer, has submitted a proposal to provide professinoal services, dated December 7, 2017, a copy of which is attached, at a cost not to exceed 3,500.00; now, therefore, be it

 

              RESOLVED, that D. B. Bennett, Consulting Engineer, is hereby retained to provide pre construction engineering services as set forth in his December 7, 2017 proposal, at a cost not to exceed $3,500.00; and be it further

 

              RESOLVED, that D. B. Bennett Consulting Engineer shall be paid at the rate of $135/hr. for Principal Engineer and $105/hr. for Project Engineer, and $75/hr. for technician,  to be paid from Budget Account #HA5110 52003 12031.

Financial Impact:

Budget HA5110 52003 12031  $3,500.00

 

 

RESOLUTION:              2017-1326

CATEGORY:                            Budget

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Budget Modification - Highway/Worker's Compensation

 

Whereas, the Town has just received a worker's compensation claim and billing for a former worker's medical procedure that was not expected and totaled $37,000, now be it

 

Resolved, that the Budget Office is directed to make the following modification to the 2017 operating budget to cover the cost of the unexpected/unbudgeted expense:

 

From DB5110-51100 (Salaries) $37,000 to DB9000-59040 (Worker's Compensation)

 

RESOLUTION:              2017-1327

CATEGORY:                            Budget

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Budget Modification - Highway

 

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

 

 

 

$12,000.00      From:     DB-5110-54740    Road Surface Materials

To:         DB5142-54750     Snow Removal Materials

 

$13,000.00      From:    DB5112-54740      Asphalt

                        To:        DB5148-54500      Svcs. Other Govt. (State Snow & Ice)

 

$50,000.00      From:     DB-5110-51100    Full-time Salaries

To:         DB-5142-54750   Snow Removal Materials

 

RESOLUTION:              2017-1328

CATEGORY:                            Budget

SPONSORED BY:              Councilman Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Amend  Budget for Parks Department Repairs and Street Lighting Utility Bills

 

Whereas, the Parks Department needs to cover expenses through year end; and  now be it

 

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

 

From:

 

Budget Line:  A1620.51200 Part Time Salaries in the  amount of  $ 5,200.00

 

 

To:

Budget Line:  A5182.54310 Street Lighting Light and Power in the amount of $1,700.00

Budget Line:  A7110.54550 Parks Repairs       in the amount of  $ 3,500.00

C.              COUNCILWOMAN OVERBY

 

RESOLUTION:              2017-1329

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Adam Wade Potter Revocable Trust Grant of Scenic and Conservation Easement Schedule Public Hearing and Notice of Public Hearing

 

              Pursuant to Section 247 of the General Municipal Law and Chapter 16 of the Town Code, the Town Board of the Town of East Hampton will hold a public hearing in the Town Hall Meeting Room, 159 Pantigo Road, East Hampton, on Thursday, January 4, 2018 at 6:30 p.m. or as soon thereafter as the same may be heard, to hear comments of all persons wishing to be heard concerning the following grant of a scenic and conservation easement to the Town of East Hampton:

 

GRANTOR: Adam Wade Potter Revocable Trust

TYPE OF EASEMENT: Scenic and Conservation                           

DATE OF EASEMENT: November 3, 2017              

LOCATION:              155 Three Mile Harbor Hog Creek Road

                            SCTM #300-94-1-11

REVIEWING AGENCY:               Zoning Board of Appeals;

 

and be it

 

              FURTHER RESOLVED, that the Town Clerk is hereby directed to publish a Notice of Public Hearing in the December 28, 2017, edition of the East Hampton Star.

 

 

NOTICE OF PUBLIC HEARING

 

              PLEASE TAKE NOTICE that pursuant to Section 247 of the General Municipal Law of the State of New York and provisions of the East Hampton Town Code, the Town Board of the Town of East Hampton, New York, will hold a public hearing in the Town Hall Meeting Room, 159 Pantigo Road, East Hampton, New York, Thursday, January 4, 2018 at 6:30 p.m.                    or as soon thereafter as this matter may be heard, concerning the following grant of scenic and conservation easement to the Town of East Hampton:

 

GRANTOR: Adam Wade Potter Revocable Trust

TYPE OF EASEMENT: Scenic and Conservation                           

DATE OF EASEMENT: November 3, 2017              

LOCATION:              155 Three Mile Harbor Hog Creek Road

                            SCTM #300-94-1-11

REVIEWING AGENCY:               Zoning Board of Appeals

 

RESOLUTION:              2017-1330

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Set PH to Consider Amending Chapter 255 with Regard to Fences, Gates, Pillars and Walls

 

BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on January 18, 2018 at 6:30 p.m., at East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW amending Chapter 255 (Zoning) with Regard to Fences, Gates, Pillars and Walls.”

 

LOCAL LAW No.  __ of 2018

Introductory No.48 of 2017

 

LOCAL LAW amending Chapter 255 (Zoning) to clarify the language to define gates, pillars and posts, and to amend and update the statute.

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

 

SECTION 1.              Legislative Intent.

This legislation is intended to clarify that gates, pillars and posts are structures that are integral components of a fence or wall that require approval of the Architectural Review Board; it is also intended to allow the Architectural Review Board the discretion as to the height limits of fences, gates, pillars and post when the property's principal use is agriculture or when the proposed placement of the structure is a certain distance from the pavement of a public street; and it is intended to provide setback limitations for structures related to the driveway of a property to enhance public safety.

 

SECTION 2. Amendment

Chapter 255 (General Provisions) Article 1 (General Provisions) Section 20 (Definitions) of the East Hampton Town Code is hereby amended to add the underlined words, and in proper alphabetical order, add the underlined terms and definitions as follows:

 

GATE

A structure that is a movable barrier, usually hinged, designed either for closing an opening in a wall or fence; or to allow passage into or out of an enclosed place; or to limit access along a driveway.

 

PILLAR

An upright structure that supports a gate or is used for ornamentation at the entrance of a property.

 

POST

A structure that serves as a support or point of attachment for a fence or wall.

 

STRUCTURE

Anything, including any building, which is constructed or erected on or under the ground or the water or upon another structure or building, including driveways, walkways, decks, patios (whether or not constructed of brick and sand), parking areas (whether or not surfaced or improved), fences, gates, pillars, walls, berms, tennis courts, swimming pools, sewage disposal and drainage devices, bulkheads, jetties, docks, piers and any other improvement, fabrication, impervious surface or other construction, whether or not intended to be temporary, seasonal or permanent. See "building." For the purposes of implementing the regulations of the Flood Hazard Overlay District, a "structure" shall mean a walled and roofed building, including a gas or liquid storage tank, that is principally above the ground, as well as a manufactured home.

 

SECTION 3. Amendment

Chapter 255 (General Provisions) Article 7 (Architectural and Design Review) Section 30 (Activities requiring Architectural Review Board Approval) Paragraph F of the East Hampton Town Code is hereby amended to add the underlined words as follows:

The following activities or improvements shall require the prior approval of the Architectural Review Board, as set forth herein:

F.               Fences, gates, pillars and walls. Any fence, gate, pillar or wall that requires a building permit pursuant to § 255-11-38 shall also require ARB approval prior to erection.

 

SECTION 4. Amendment

Chapter 255 (General Provisions) Article 11 (Uses and Dimensions) Section 34 (Berms) paragraph F of the East Hampton Town Code is hereby amended to add the underlined words as follows:

F.               General rules. The following regulations apply to all berms, whether or not a building permit is required therefor.

(1) Berms shall be constructed only during the period from March 1 to October 15. Only clean fill, topsoil or an approved equivalent shall be used. Material shall be given sufficient time to settle before final shaping and topsoil are applied. After shaping, a uniform layer at least six inches thick of approved horticultural topsoil shall be placed and fine graded.

(2) Berms shall be located only in the position on a lot approved by the Architectural Review Board, if review by the Board is required by this section. In no case shall all or part of any berm be placed upon street rights-of-way or other public property.

(3) Berms shall not exceed eight feet in height, but upon a written finding of exceptional circumstances related to high levels of ambient noise or light which cannot be abated and from which protection is needed or public interest considerations, berms of up to 10 feet in height may be authorized. Notwithstanding the preceding sentence, no berm located on a residential property in a yard fronting on a public street shall exceed six feet in height, and no berm, wherever located, shall violate the setback limitations of § 255-11-72D, Pyramid law, or § 255-11-74A or B, setbacks from scenic easements and setbacks on corner lots hereof. The height of a berm shall be the vertical distance from any point on the top of the berm (exclusive of plantings) to the existing natural grade at the base of the berm at that point.

(4) No fence, gate, pillar or wall shall be constructed on a berm, and no berm shall interfere with existing natural drainage patterns or cause ponding or flooding on any property.

(5) Berms shall be properly vegetated and landscaped, in the manner approved by the Architectural Review Board, if applicable, before any erosion occurs in the topsoil on the berm, or, in the alternative, the berm shall be covered with an approved ground cover until such time as the berm can be properly landscaped.

 

SECTION 5. Amendment

Chapter 255 (General Provisions) Article 11 (Uses and Dimensions) Section 38 (Fences and Walls) of the East Hampton Town Code is hereby amended to rename the Section “Fences, gates, pillars and walls” and to add the underlined words as follows:

A.               Building permits. The erection, enlargement, alteration or removal of the following types of fences, gates, pillars and walls shall require a building permit:

(1)               A fence, gate, pillar or wall greater than four feet in height and located within the required front yard area of any lot;

(2)               A fence, gate, pillar or wall over six feet in height, in any location;

(3)               Any fence, gate, pillar or wall for which site plan approval is required.

B.               Architectural review. Architectural and design review shall be required for any fence, gate, pillar or wall for which a building permit is required by this section, except that Architectural Review Board review and approval shall not be required for fences and corresponding gates that are in compliance with all other requirements of this chapter and meet all of the following criteria:

(1)               The fence is constructed of either two-inch square black wire field fencing between six feet and eight feet in height or black wire farm and field agricultural fencing subject to the height limitation of six feet for a fence or gate located on a residential property in a yard fronting on a public street unless it is set back fifty feet or more from the edge of the pavement of the public street; and

(2)               The fence posts are made of two-inch black metal poles; and

(3)               The area enclosed by the fence is less than 50% of the area of the parcel; and

(4)               The fence will be installed along only two property lines and is more than 20 feet away from running along the remaining property lines; and

(5)               The installation of the fence post and/or gate is not subject to site plan review.

(6)               The gate is a corresponding structure to a fence that meets all the requirements of paragraphs (1)-(5) above as well as all of the following: the gate is constructed of metal or wood framing and either two-inch square black wire filed fencing or black wire farm and field agricultural fencing; the gate is no more than six feet in height on a residential property in a yard fronting on a public street or otherwise no more than eight feet in height; and if the gate traverses a driveway, that it is placed no closer than 20 feet to the edge of the public or private road surface.

The provisions of § 255-11-34D and E regarding review of berms shall apply to such walls, gates and fences.

C.               Height limits.

(1)               The height of a fence, gate, pillar, post or wall shall be the vertical distance from any point on the top of the fence, gate, pillar, post or wall (exclusive of plantings) to the existing natural grade at the base of the fence, gate, pillar, post or wall at that point. A fence located on the top of a wall shall for all purposes be deemed to be part of the wall.

(2)               Fences, gates, pillars, posts and walls shall not exceed eight feet in height; but upon a written finding by the Architectural Review Board of exceptional circumstances related to high levels of ambient noise, light, or property damage from animals which cannot be abated by the landowner and from which protection is needed, or of public interest considerations, fences and walls of up to 10 feet in height may be authorized. Notwithstanding the preceding sentence, no fence, gate, pillar, post or wall located on a residential property in a yard fronting on a public street shall exceed six feet in height unless it is set back fifty feet or more from the edge of the pavement of the public street; or unless upon a written finding by the Architectural Review Board that the fence, gate, pillar, post and/or wall is for property on which agriculture is a principal use pursuant to the requirements of § 255-11-88; that the fence, gate, pillar, post and/or wall encloses only area of the property used as part of a bona fide agricultural operation; and upon the condition that if either of these findings should change, that the fence, gate, pillar post or wall must be reduced to six feet in height within thirty (30) days.

D.               Setbacks for fences, gates, pillars and walls. No wall, gates, pillars or fence for which a building permit is required by this section, wherever located, shall violate the setback limitations of § 255-11-74A and B (setbacks from scenic easements and setbacks on corner lots), but fences, gates, pillars and walls need not comply with § 255-11-72D, Pyramid law. Gates must comply with the provisions of § 255-11-88 (Driveways, Gates, Pillars and Other Obstructions).

 

SECTION 6. Amendment

Chapter 255 (General Provisions) Article 11 (Uses and Dimensions) Section 71 (Interpretation of setbacks) of the East Hampton Town Code is hereby amended to add the underlined words as follows:

In order to avoid undue crowding and the loss of open space, vegetated areas, rural community character and privacy, the Dimensional Table of § 255-11-10 establishes required setbacks for all buildings and structures on lots. However, no provision of this chapter shall be construed to prohibit in required yard (setback) areas of any lot such paved driveways or walkways as may be necessary to connect on-site parking areas, garages or building entrances to the street. Further, no such provision shall be deemed to prohibit the location in required yards of otherwise lawful berms, fences, gates, pillars, walls, signs, landscaping, plantings, turf or sod or to prohibit the otherwise lawful parking or storage of cars and boats in required yards.

 

SECTION 7. Amendment

Chapter 255 (General Provisions) Article 11 (Uses and Dimensions) Section 74 (Other setbacks and height restrictions) of the East Hampton Town Code is hereby amended to add the underlined words as follows:

A.               Scenic or conservation easements. Where the erection of structures is forbidden on any part of any lot by a recorded scenic or conservation easement running in favor of the Town, all buildings and structures, except for fences, gates, pillars and walls shall be set back at least 10 feet from the boundary of any such scenic or conservation easement area.

B.               Height restrictions on corner lots. In order to preserve sight lines for traffic, on corner lots in residential use districts all hedges and other plantings, as well as berms, fences, gates, pillars and walls and other structures, shall be kept below a height of 2 1/2 feet above the average street level within an isosceles triangle having thirty-foot sides along each street frontage.

C.               Rear lots on streets. When a rear lot line is also a street right-of-way line, the required rear yard setback for an accessory building or structure shall be double the required rear yard setback in the applicable district.

D.               Setback in Central Business Districts.

(1)               As part of a site plan application, pursuant to Article VI herein, the Planning Board may require new or reconstructed buildings located in the Central Business District to have a setback of up to 20 feet where the Board finds any of the following:

(a)               The location of adjoining and nearby buildings is set back farther than 10 feet from the front yard property line.

(b)               A larger setback is consistent with the existing streetscape.

(c)               A ten-foot front yard setback would allow the building to appear massive as to overwhelm or stand out from the existing streetscape.

(2)               A 3D photo simulation of the proposed building with the adjoining properties may be required, at the discretion of the Planning Board, to be submitted with an applicant's site plan application to assist the Planning Board in the analysis required pursuant to § 255-11-74D(1) herein.

 

SECTION 8. Amendment

Chapter 255 (General Provisions) Article 11 (Uses and Dimensions) Section 88 (Additional rules for particular principal and accessory uses) paragraph “Driveways, Gates, Pillars and other Obstructions” of the East Hampton Town Code is hereby amended to add the underlined words as follows:

 

DRIVEWAYS, GATES, PILLARS AND OTHER OBSTRUCTIONS

(1)              On all residential properties upon which a building permit is issued for construction of a new residence or for the substantial expansion of an existing residence, as the same is defined in this chapter, driveways shall have a minimum clearance, in height and width, free of all obstacles and impediments, including but not limited to gates, pillars, fences gatehouses, gateposts, bridges, arbors, lights and woody vegetation, of 14 feet in width and 12 feet in height, and no closer than 20 feet to the edge of the public or private road surface, in order to permit entry and in order to accommodate a turning radius by fire-fighting apparatus and other emergency vehicles. Gate key boxes should be placed in a reasonable position to allow access from a vehicle once the vehicle is fully upon the driveway, but in no case closer than 10 feet to the edge of the public or private road surface.  In addition, on residential properties on which any dwelling structure is located more than 75 feet or more from the edge of the improved right-of-way from which access is taken, driveways shall have a minimum clear width of 20 feet for the first 35 feet of the driveway, as measured from the edge of the improved surface of the street or right-of-way, and thereafter shall be maintained a minimum clear width of not less than 16 feet for the full remaining length of the access. This requirement is in addition to the requirements set forth in Chapter 220, Article XIV, "Design Criteria," and any provision thereof which is more restrictive than that set forth herein shall prevail.

(2)              No plantings or obstructions shall be placed within any Town highway right-of-way.

 

SECTION 9. - Authority.

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

 

SECTION 10. - Severability.

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

 

SECTION 11. - 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

Intro. #48 of 2017

              PLEASE TAKE NOTICE that a public hearing shall be held on January 18, 2018 at 6:30 p.m. or as soon thereafter as this matter may be heard, at East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW amending Chapter 255 (Zoning) with Regard to Fences, Gates, Pillars and Walls.”

Summary of Proposed Law

This proposed local law would clarify the language to define gates, pillars and posts, and to amend and update the statute.

 

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

 

RESOLUTION:              2017-1331

CATEGORY:                            Acquisitions

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Dankowski Authorize CPF Project Plan Addition

 

Dankowski Projet Plan Addition Authorizing Resolution

 

              WHEREAS, a public hearing was held by the Town Board of the Town of East Hampton on July 20, 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 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; 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 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 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 agricultural lands that accomplish several additionl goals beyond simply keeping agricultural lands from being developed:

1. The Enhanced Easement ensures that the farm will stay in agricultural 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, 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 20, 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 20, 2017                                           BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF EAST HAMPTON, NEW YORK

 

                                                                                    CAROLE BRENNAN, TOWN CLERK

Financial Impact:

No impact

 

 

RESOLUTION:              2017-1332

CATEGORY:                            Acquisitions

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Dankowski Authorize CPF Acquisition of Enhanced Ag Easement and Amend 2017 M&S Plan

 

Authorize CPF Acquisition of Enhance Ag Easement and Amend 2017 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, pursuant to § 247 of the General Municipal Law of the State of New York, the Town Board held a public hearing on July 20, 2017 to consider the acquisition of an Enhanced Agricultural Easement over approximately 29.5 acres of land located on 7 Osborn Farm Ln., & 97 Wainscott Hollow Rd., Wainscott which lands are identified on the Suffolk County Tax Map as 300-197-4-12 & 200-1-9.4; and

 

              WHEREAS, the purported owner has expressed a willingness to sell said easement to the Town for the proposed purchase price of $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 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 Peter Dankowski, for the purpose of acquiring said easement 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; 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, 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:

$4,000,000 plus closing costs from CPF budget account

 

 

RESOLUTION:              2017-1333

CATEGORY:                            Securities Accepted

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

B&D Property of Montauk Corp Accept Security URP 14B in MN-6

 

              WHEREAS, pursuant to the New York Urban Renewal Laws, the Town Board has adopted Urban Renewal Plans governing the development of Old Filed Map areas within the Town; and

 

              WHEREAS, to ensure timely construction of roads and drainage within the urban renewal areas, the plans require owners of individual building lots to perform a predetermined amount of roadwork at the time a building permit is sought for the lot; and

 

              WHEREAS, the Town Engineer and the Planning Board have now assigned to the parcels listed below specific work to be accomplished, and in order that building permits may be issued, the applicants have submitted to the Town a written promise (Undertaking) to accomplish the work and have submitted security therefore; and

 

              WHEREAS, the listed undertaking and security have been reviewed by Counsel to the Planning Board and Counsel to the Town Board and approved, now, therefore, be it

 

              RESOLVED, that the undertaking, together with the following security, are hereby accepted by the Town:

 

APPLICANT                                                        UR PARCEL/UR PLAN                                          SECURITY                                         

B & D Property of Montauk Corp      Map 1019, Lot 2                                          $9,150.00

                                                                      URP #14B in MN-6                                          Official Bank

                                                                      SCTM# 300-12-5-11.2                            #114798611 Citibank

and be it further

 

RESOLVED, that the Town Clerk is hereby directed to send a copy of this resolution to each of the above applicants, and to the Building Department, Town Attorney and Planning Board.

 

RESOLUTION:              2017-1334

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Settle Claim of Alex Colonna by Authorizing Highway Department to Repair Road Driveway Interface at 31 Lafayette St

 

WHEREAS, Alex Colonna has submitted a claim regarding damage done by snow plowing to the driveway road interface at 31 Lafayette Street in Springs; and,

 

WHEREAS, the Highway Department can repair the damage with 2-3 yards of crushed rock material, now therefore be it

 

RESOLVED, that the Supervisor is authorized to enter an agreement, in a form to be approved by the office of the Town Attorney, to settle the claim of Alex Colonna; and be it further,

 

RESOLVED, that the Highway Department is authorized to make the repairs to the damaged area of the driveway and road interface upon full execution of the settlement agreement.

 

RESOLUTION:              2017-1335

CATEGORY:                            Amendment

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Human Resources

Amend CSEA Schedule "A" to Add the Title of Grants Technician

 

Whereas, the Town has requested that the title of Grants Technician be added to the Schedule A, now therefore be it,

 

Resolved, the CSEA Schedule "A" is hereby amended to reflect the addition of Grants Technician at Grade 22 Starting Step $23.632 to be paid from budget account A8790, effective January 1, 2018.

 

RESOLUTION:              2017-1336

CATEGORY:                            Appointments

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Human Resources

Appoint Russell Young to Ordinance Inspector in the Ordinance Department

 

              WHEREAS, Suffolk County Department of Civil Service has given an examination for the title of Ordinance Inspector and the Town has requested, received and canvassed list 17SR516 to find that there remains less than three willing acceptors and

             

              WHEREAS, the Town of East Hampton has requested and received permission to fill the position of Ordinance Inspector on a provisional basis, and

 

              WHEREAS, in accordance with the CSEA contract the position has been posted (number 2017-44) from December 7, 2017 through December 21, 2017 and Russell Young, Traffic Control Officer, meets the required qualifications for the position, now, therefore be it

 

              RESOLVED, that Russell Young be and is hereby appointed on a provisional basis to the full-time position of Ordinance Inspector at $24.311 hourly and $50,566.88 (Grade 23, Starting Step) annually for a 40 hour work week, payable bi-weekly from budget account # B3622-51100; said appointment to take effect December 25, 2017.

D.              COUNCILMAN OVERTON

 

RESOLUTION:              2017-1337

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Human Resources

Amend CSEA Schedule "A" for Principal Assessment Clerk Title

 

Whereas, the Chair of the Board of Assessors has recommended that an adjustment be made for the salary of Principal Assessment Clerk to reflect the level of work performed and to attract and retain key personnel, now therefore be it,

 

Resolved, the CSEA Schedule A is hereby amended to reflect a reassignment of grade for the the title of Principal Assessment Clerk from Grade 26 (start $26.822) to Grade 27 (start $28.047), to be paid form appropriate budgeted salary lines effective January 1, 2018, and, now, therefore be it further

 

Resolved, the following employee be paid at the listed rate, upon proper submission of time records with no change to budget account:

 

Alessandra Latanzio               A1355-51100              $29.773 (Grade 27, Step3)/$54,186.86 annual - 35hr/wk

 

RESOLUTION:              2017-1338

CATEGORY:                            Amendment

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Human Resources

Amend CSEA Schedule "A" for Fire Marshall I Title

 

Whereas, the Director of Public Safety has suggested that an adjustment be made for the salary of Fire Marshall I to reflect the level of work performed and to attract and retain key personnel, now therefore be it,

 

Resolved, the CSEA Schedule A is hereby amended to reflect a reassignment of grade for the title of Fire Marshall I from Grade 24 (start $25.518) to Grade 28 (start $29.159), to be paid from the appropriate budgeted salary line effective January 1, 2018 and, therefore be it further,

 

Resolved, the following employee be paid at the listed rate with no change to budget account, effective January 1, 2018:

 

Dwayne Denton              B3621-51100                  $29.159 (Grade 28 Starting Step) $60,650.72 - 40.hr/wk

 

RESOLUTION:              2017-1339

CATEGORY:                            Issue Check

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Clerk

Repurchase Plot Ft. Hill Cemetery-Carillo

 

WHEREAS, Mr. & Mrs. Frank Carillo purchased plots 65 & 66 Section G at the Montauk Fort Hill Cemetery at a cost of $ 750.00 and

 

WHEREAS, Mr. & Mrs. Carillo has requested to sell back to the Town of East Hampton the above mentioned plots; now therefore be it

 

RESOLVED, the request of Mr. & Mrs. Carillo for the sale of Plots #65 & 66 in Section G at the Montauk Fort Hill Cemetery is hereby accepted and be it further

 

RESOLVED, the Town Supervisor is authorized to repurchase the plots for the sum of $750.00 to be paid to the Seller upon submission of appropriate documents to transfer title to the Town of East Hampton, as is required by the Town Attorney, and be it further

 

RESOLVED, that the payment shall be made out of budget line A8850.54573.

 

RESOLUTION:              2017-1340

CATEGORY:                            Fees

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Building

Waiver Building Permit Renewal Fee

 

WHEREAS, Luis S. Morocho submitted a letter asking to Waive his Building Permit #62889 Renewal fee of $5,580.00, for Demolish of His Existing Residence and Building a New Residence, do to final paper work taking months to approve by Suffolk County Board of Health and the financial burden it would put on him to pay a renewal fee, at Premises Situate at 5 Discovery Lane, East Hampton, T.M. 300-74-2-24

 

WHEREAS, Principal Building Inspector Ann M. Glennon has requested that the fee be waived  since all his paper work has been completed and submitted and is ready to get the Certificate of Occupancy for this premises;

 

Now, therefore, be it

 

RESOLVED, that the Town hereby waive the Renewal fee associated with the property and allow the issuance of the Certificate of Occupancy.

Financial Impact:

Renewal Fee of $5,580.00

 

 

RESOLUTION:              2017-1341

CATEGORY:                            Issue Check

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Public Safety

Pay Notary License Fee - Anne R. Browngardt

 

WHEREAS, the New York State Notary License Fee for Clerk Typist Anne R. Browngardt was paid out of pocket; now therefore

 

BE IT RESOLVED, the payment of the license fee, for Anne R. Browngardt's Notary License, in the amount of $60.00 be refunded to her; and

 

BE IT FURTHER RESOLVED, that the Bookkeeping Department is hereby directed to issue a written check to Anne R. Browngardt in the amount of $60.00, from Budget line B2622.54100, upon voucher properly submitted.

 

.

Financial Impact:

$60 NYS Notary Fee - Budget Fund Appropriation B3622.54100

 

 

RESOLUTION:              2017-1342

CATEGORY:                            Budget

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Bookkeeping

Amend Police Budget for Electric

 

Whereas, the Police Department needs to cover expenses through year end ; and  now be it

 

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

 

From:

 

Budget Line:  B3120.51300  Overtime   in the amount of  $ 8,000.00

 

 

To:

 

Budget Line:  B3120.54310  Light and Power       in the amount of  $ 8,000.00

 

RESOLUTION:              2017-1343

CATEGORY:                            Budget

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Bookkeeping

Budget Modification - Ordinance Enforcement

 

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

 

From B3622-54200 (Travel) $300 to B3622-54520 (Outside Professional)

 

RESOLUTION:              2017-1344

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Fred Overton

DEPARTMENT:              Town Attorney

Authorize Payment - NYS DOT Bond

 

WHEREAS, the Town is in the process of installing lighted crosswalks at various locations along Montauk Highway; and

 

WHEREAS, as a part of the authorization process with the New York State Department of Transportation (NYS DOT) the Town is required to provide a bond to the NYS DOT in the amount of $10,000.00; and

 

WHEREAS, Cook Maran has prepared and provided the required bond; now, therefore, be it

 

RESOLVED, that the Town Finance Department is hereby authorized and directed to pay the invoice of Cook Maran in the amount of $100.00 for the provision of the required bond for the Montauk Highway lighted crosswalk project from Budget Account HA5182-45710-16072, or to reimburse L.K. McLean Associates, P.C. if payment has been made by them for such Bond.

E.              SUPERVISOR CANTWELL

 

RESOLUTION:              2017-1345

CATEGORY:                            Public Hearing

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

NOPH - East Hampton Fire Protection District - 2018

 

            BE IT RESOLVED, that a public hearing is hereby scheduled to be held, said hearing to be held at the Town Hall Court Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, on Thursday, January 4, 2018 at 6:30 p.m. or as soon thereafter as this matter may be heard on a proposed contract with Sag Harbor Village for fire protection and emergency ambulance service to be furnished by the Village on behalf of the fire protection district known as East Hampton Fire Protection District for the calendar year 2018 upon the following general terms:

 

(1)              The Fire Department shall answer and attend all calls in said Fire District and shall furnish fire fighting vehicles and equipment and fire fighting personnel;

 

(2)              The Fire Department shall furnish emergency ambulance service, including vehicles and equipment and ambulance personnel to the District;

 

(3)              For fire protection services during the 12 month period of 2018, Sag Harbor Village shall be paid on or before February 1, 2018 the total sum of $27,772.46, and for ambulance protection services during the 12 month period of 2018, Sag Harbor Village shall be paid on or before February 1, 2018, $17,099.67; and from such funds the Fire Department shall be paid directly the total sum of  $5,216.14, on or before February 1, 2018, and the Ambulance Corps shall be paid directly the total sum of  $1,888.18, on or before February 1, 2018.  The Town's total costs for fire protection and ambulance services under the Contract $44,872.13.

 

              AND BE IT FURTHER RESOLVED, that the Town Clerk is directed to publish a Notice of Public Hearing in the next available edition of the East Hampton Star;

 

 

              NOTICE HEREBY GIVEN, that the Town Board of the Town of East Hampton will hold at Town Hall, 159 Pantigo Road, East Hampton , New York on Thursday, January 4, 2018, at 6:30 p.m.  or as soon thereafter as this matter may be heard, for the purpose of considering a proposed contract with the Village of Sag Harbor for fire protection and emergency ambulance service to be furnished by the Village on behalf of the fire protection district known as the East Hampton Fire Protection District for the calendar year 2018, upon the following general terms:

 

(1)              The Fire Department shall answer and attend all calls in said Fire District and shall furnish fire fighting vehicles and equipment and fire fighting personnel;

 

(2)              The Fire Department shall furnish emergency ambulance service, including vehicles and equipment and ambulance personnel to the District;

 

(3)              (3)              For fire protection services during the 12 month period of 2018, Sag Harbor Village shall be paid on or before February 1, 2018 the total sum of $27,772.46, and for ambulance protection services during the 12 month period of 2018, Sag Harbor Village shall be paid on or before February 1, 2018, $17,099.67; and from such funds the Fire Department shall be paid directly the total sum of  $5,216.14, on or before February 1, 2018, and the Ambulance Corps shall be paid directly the total sum of  $1,888.18, on or before February 1, 2018.  The Town's total costs for fire protection and ambulance services under the Contract $44,872.13.

 

Any individuals wishing to be heard on this matter may appear in person or by agent at the time of hearing, or by correspondence addressed to the Town Board, c/o Town Clerk, 159 Pantigo Road, East Hampton, New York 11937, said correspondence to be received before the date and time of hearing.

 

Dated:   December 21,  2017                                          BY ORDER OF THE TOWN BOARD

                                                                                                  Town of East Hampton

                                                                                                  Carole Brennan

                                                                                                  Town Clerk

 

RESOLUTION:              2017-1346

CATEGORY:                            Public Hearing

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Resolution Setting a Public Hearing to Consider the Lease of a Certain Parcel of Real Property Located at 400 Pantigo Place (SCTM#300-165-5-22) to the Southampton Hospital Association for a Freestanding Emergency Department

 

WHEREAS, pursuant to 2016-1482, the Town of East Hampton identified a parcel of Town-owned real property located at 400 Pantigo Place (SCTM#300-165-5-22) as the preferred site for a Freestanding Emergency Department to meet the emergency medical needs of the community; and, 

 

WHEREAS, the Southampton Hospital Association, a not-for-profit corporation, who has joined with the State University of New York's Stony Brook University Hospital to operate the closest hospital to the Town of East Hampton in Southampton Village, is interested in constructing a Freestanding Emergency Department to serve the emergency medical needs of people located east of Southampton Village; and

 

WHEREAS, the Southampton Hospital Association is interested in a long term lease of the 400 Pantigo Place property to use as the site for the construction of a Freestanding Emergency Department; now therefore be it

 

RESOLVED, that the Town Board shall hold a public hearing on January 18, 2018 at the Public Meeting Room, Town Hall, at 6:30 p.m. or as soon thereafter as this matter may be heard, to consider the lease of a parcel of Town-owned land located at 400 Pantigo Place and as more particularly described on the Suffolk County Tax Map as Number 300-165-5-22 to the Southampton Hospital Association for the purpose of the construction of a Freestanding Emergency Department; and be it further

 

RESOLVED, that the term of the lease shall be for fifty years with the lessee having the option to extend the lease for a single twenty-five (25) year lease extension, and upon the completion of said extension, lessee shall have a further option to extend the lease for a single, twenty-four (24) year lease extension (maximum total lease term of 99 years including both extensions); and be it further

 

RESOLVED, that in consideration of the grant of said lease by the Town, the Southampton Hospital Association shall at their sole cost and expense pay for the construction of two new lighted baseball fields and associated amenities on a parcel of property to be provided by the Town; and be it further

 

RESOLVED, that any member of the public wishing to address the Board with regard to this matter may do so, in person, in writing, or by agent at the place and time of said hearing; and be it further

 

RESOLVED, that the Town Clerk is directed to publish the attached Notice of Hearing in the next available 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 the provisions of Section 352 of the General Municipal Law of the State of New York on Thursday, January 18, 2018 at the Town Hall Meeting Room, Town Hall, 159 Pantigo Road, East Hampton, New York 11937 at 6:30 p.m. or as soon thereafter as this matter may be heard, to consider the comments of all persons wishing to address the Board with regard to the lease of a parcel of Town-owned land located at 400 Pantigo Place and as more particularly described on the Suffolk County Tax Map as Number 300-165-5-22 to the Southampton Hospital Association for the purpose of the construction of a Freestanding Emergency Department.

 

              Any person wishing to address the Town Board with regard to the above matter may do so in person or by agent at the time of hearing, or by correspondence addressed to the East Hampton Town Clerk, 159 Pantigo Road, East Hampton, New York 11937, and actually received prior to the date and time of hearing.

 

RESOLUTION:              2017-1347

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Award of 2017 Department Head Bonus

 

WHEREAS, Chapter 37 of the East Hampton Town Code was established to create a Department Head Bonus Program for those department heads who provided exceptional service and performance during the course of the year that goes beyond the normal duties of a department head; and,

 

WHEREAS, the Town Board has reviewed the performance of all eligible department heads during the 2017 evaluation period (November 1, 2016 until October 31, 2017); and,

 

WHEREAS, pursuant to said reviews, four department heads work performance was determined to be of such exceptional service to the Town that they were worthy of recognition and a bonus pursuant to the program; now therefore be it

 

RESOLVED, that a one time bonus of $3,000 dollars be provided to the following department heads:

Anthony Littman

Ann Glennon

Ed Michels

Jeanne Carroza

 

RESOLUTION:              2017-1348

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Human Resources

Merit Increases for 2018

 

RESOLVED, the following employees will receive the merit increases listed below, effective January 1, 2018:

 

Employee                            Position                                                        Budget Code                            Merit Increase

 

Nicole Shipman              Justice Court Clerk                                          A1110-51100                            $2,000.00

 

Nicole Ficeto                            Grants Coordinator                                          A1315-51100                            $5,131.44

 

Richard Webb              Town Maintenance Crew Leader              A1620-51100                            $4,459.52

 

Peter Topping                            Bay Management Specialist                            A8740-51100                            $4,058.91

 

Holly Miller                            Homemaker                                                        A8989-51100                            $2,857.69

 

Amanda Bennett              Senior Clerk Typist                                          B3120-51100                            $3,332.99

 

Edward Schnell              Communications Technician I              B3120-51100                            $4,370.08

 

Eric Schantz                            Senior Planner                                          B8021-51100                            $4,546.67

 

RESOLUTION:              2017-1349

CATEGORY:                            Amendment

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Resolution Amending the Town of East Hampton's Procurement Policy to Comply with the Federal Government's Uniform Guidance for Procurement, Suspension and Disbarment Pursuant To 2 CFR Part 200, Subparts a through F  [ Department of Purchasing]

 

WHEREAS, New York General Municipal Law Section 104-b requires the Town Board of the Town of East Hampton to adopt internal policies and procedures governing all procurements of goods and services which are not required to be made pursuant to the competitive bidding requirements of General Municipal Law Section 103; and

 

WHEREAS, By Resolution No.182 of 1992, the Town Board adopted the Town of East Hampton Procurement Policy (the "Procurement Policy") which subsequently has been amended and revised; and

 

WHEREAS, On December 26, 2013 the United States Office of Management and Budget published final guidance for changes to 2 CFR Chapter I and Chapter II Parts 200, 215, 220, 225 and 230 entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards"; and

 

WHEREAS, 2 CFR Part 200, subparts A through F requires organizations receiving federal awards to establish and maintain effective internal controls over federal grants,  such compliance with federal procurement standards is a critical part of federal grants management; and

 

WHEREAS, Full compliance with the federal procurement standards must be in effect by December 26, 2017; and

 

WHEREAS, The Senior Purchasing Agent proposes that the Town's Procurement Policy be amended to include Section 140-16. Article XVI, Uniform Guidance for Federal Awards - Procurement, Suspension and Disbarment; now, therefore, be it

 

RESOLVED, That the Town Board of the Town of East Hampton hereby approves the proposed amendment to the Town of East Hampton Procurement Policy and authorizes the Senior Purchasing Agent to make such amendment to the Procurement Policy to include Section 140-16. Article XVI, Uniform Guidance for Federal Awards - Procurement, Suspension and Disbarment, effective immediately.

 

RESOLUTION:              2017-1350

CATEGORY:                            Bids Accepted

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Purchasing

Accept Bid #EH17-040 - Putnam Amagansett Farm Property Demolition -  Keith Grimes, Inc.

 

WHEREAS, the Town Board solicited a public works bid for the Putnam Amagansett Farm Property Demolition, Bid No. EH17-040; and

 

WHEREAS, the bid of Keith Grimes Inc., in the amount of $43,000.00 was the lowest bid received meeting the bid specifications and being in proper form; and

 

WHEREAS, the bids submitted have been reviewed by Scott Wilson from the Land Acquisition Department and Jeanne Carroza, CPPB the Town's Purchasing Agent; and have recommended the award of the bid to the lowest responsive, responsible bidder; now, therefore, be it

 

RESOLVED, that the Supervisor is authorized to execute any and all documents necessary to memorialize said work for the Putnam Amagansett Farm Property Demolition,and, now therefore be it

 

RESOLVED, that the bid of Keith Grimes,Inc. in the amount of $43,000.00 from fund CA8801 54500 is hereby accepted, and the Purchasing Agent is hereby authorized to issue purchase orders in accordance with the Town's bid specifications and the bid submission of the contractor.

Financial Impact:

CPF Fund - CA8801 54500

 

 

RESOLUTION:              2017-1351

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Authorize Retainer Agreement with Mintz and Gold LLP Re Forst V. LIPA

 

WHEREAS there exists a pending matter captioned Forst et. al v. Long Island Lighting Authority  (LIPA) and Public Service Electric and Gas Company Long Island (PSEGLI) under Index number 10675/2014; and,

 

WHEREAS, the Town of East Hampton has been impacted and damaged by the actions taken by LIPA and PSEGLI in a similar matter to the plaintiffs in this action; and,

 

WHEREAS, the Plaintiffs' attorneys, to wit, Mintz and Gold LLP have offered to represent the Town as a party in the above referenced matter on a contingency basis, such that the Town would not be liable for any costs of the litigation or attorneys fees except from funds recovered as part of a successful outcome of the litigation; now therefore be it

 

RESOLVED, that the Supervisor is hereby authorized and directed to enter an agreement for legal services with Mintz and Gold, LLP, in a form to be approved by the office of the Town Attorney; and be it further,

 

RESOLVED, that Mintz and Gold, LLP, is authorized to initiate a legal proceeding or action on behalf of the Town of East Hampton to make claims against LIPA , PSEGLI and any and all other appropriate parties.

 

RESOLUTION:              2017-1352

CATEGORY:                            Bids Accepted

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Purchasing

Accept Proposal - RFP# EH2017-112 -  Professional Engineering Services for Accabonac Harbor Stormwater Abatement Technical Design - Sidney B. Bowne & Son, LLP

 

WHEREAS, the Town Board solicited proposals for Professional Engineering Services for Accabonac Harbor Stormwater Abatement Technical Design; and

 

WHEREAS, the proposal of Sidney B. Bowne & Son, LLP was the proposal received which best met the proposal guidelines and being in proper form; now, therefore be it

 

RESOLVED, that at the recommendation of the evaluation committee, the proposal of Sidney B. Bowne & Son, LLP is hereby accepted in the amount of $67,448.40 from fund CA8802 54520, and be it further

 

RESOLVED, that the Town Supervisor is hereby authorized to enter into an Agreement with Sidney B. Bowne & Son, LLP for the provision of services in accordance with the Contractor's response to the Request for Proposals, said agreement to be subject to the review and approval of the Town Attorney. 

Financial Impact:

CA8802 54520 - $67,448.40

 

 

RESOLUTION:              2017-1353

CATEGORY:                            Bids Accepted

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Purchasing

Accept Proposal -  RFP# EH2017-110 -  Hog Creek Groundwater Seepage  Professional Monitoring & Remediation -  Roux Associates, Inc.

 

WHEREAS, the Town Board solicited proposals for Hog Creek Groundwater Seepage Professional Monitoring & Remediation; and

 

WHEREAS, the proposal of Roux Associates, Inc. was the proposal received which best met the proposal guidelines and being in proper form; now, therefore be it

 

RESOLVED, that at the recommendation of the evaluation committee, the proposal of Roux Associates is hereby accepted in the amount of $142,204.20 from fund CA8802 54500, and be it further

 

RESOLVED, that the Town Supervisor is hereby authorized to enter into an Agreement with Roux Associates, Inc. for the provision of services in accordance with the Contractor's response to the Request for Proposals, said agreement to be subject to the review and approval of the Town Attorney. 

Financial Impact:

CA8802 54500 - $142,204.20

 

 

RESOLUTION:              2017-1354

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Approve Service Agreement - Motorola 2018

 

WHEREAS, the Town requires continued maintenance services for the Police Department communications equipment for calendar year 2018; and

 

WHEREAS, Motorola Solutions has been providing services for the Police Department's equipment and proposes a new services agreement for 2018 at a cost not to exceed $173,530.00 per year, payable in monthly installments of $14,460.83; now, therefore, be it

 

RESOLVED, that Motorola Solutions is hereby retained to perform maintenance and repair services for certain communications equipment under the control of the East Hampton Town  Police Department at a cost for the 2018 calendar year not to exceed $173,530.00; and be it further 

 

RESOLVED, that The Chief of Police is hereby authorized to enter into an Agreement with Motorola Solutions for maintenance and repair services as set forth herein for calendar year 2018, such costs to be payable form budget account B3120.54624.

 

RESOLUTION:              2017-1355

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Supervisor Larry Cantwell

DEPARTMENT:              Town Attorney

Authorize Supervisor to Sign Stipulation with PBA

 

WHEREAS, by Stipulation of Agreement between the Town of East Hampton (the “Town”) and the Police Benevolent Association of East Hampton Town (the “PBA”) dated March 31, 2017, the parties agreed to an experimental work schedule for certain police officers employed by the Town, which Stipulation of Agreement expires on December 31, 2017; and

 

WHEREAS, the Town and the PBA wish to extend the experimental work schedule as set forth in the parties’ March 31, 2017 Stipulation of Agreement for an additional four months, until April 30, 2018; and

 

WHEREAS, representatives of the Town and the PBA have negotiated a proposed Stipulation of Extension (the “Stipulation of Extension”) which extends the expiration date of the parties’ March 31, 2017 Stipulation of Agreement, and the experimental work schedule set forth therein, from December 31, 2017 until April 30, 2018, and

 

WHEREAS, said Stipulation of Extension is subject to approval by the Town Board; now, therefore, be it

 

RESOLVED, that the Town Board hereby ratifies the Stipulation of Extension between the Town and the PBA extending the parties’ March 31, 2017 Stipulation of Agreement by an additional four months, and authorizes the Town Supervisor to execute said Stipulation of Extension on behalf of the Town.

F.              ADDITIONAL RESOLUTIONS

 

RESOLUTION:              2017-1356

CATEGORY:                            Local Law

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Lendino Authorize CPF Project Plan Addition

 

Lendino Projet Plan Addition Authorizing Resolution

 

              WHEREAS, a public hearing was held by the Town Board of the Town of East Hampton on December 21, 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 Michael J. Lendino and Theresa M. Lendino, and identified on the Suffolk County Tax Map as 300-28-1-24, 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 Michael J. Lendino and Theresa M. Lendino, and identified on the Suffolk County Tax Map as 300-28-1-24, 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 .34 acres of land reputedly owned by Michael J. Lendino and Theresa M. Lendino, located on 237 S Essex St., and identified on the Suffolk County Tax Map as 300-28-1-24 for the following reasons:

This property adjoins 30 acres of Town owned lands that also contains the Fort Hill Cemetery.  The parcel borders Fort Hill and Massacre Valley which are two significant historical sites with particular ecological significance.  The property is also part of a Critical Natural Resources Area.  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 .34 acres of land reputedly owned by Michael J. Lendino and Theresa M. Lendino, located on 237 S Essex St., and identified on the Suffolk County Tax Map as 300-28-1-24 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 December 21, 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: December 21, 2017                             BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF EAST HAMPTON, NEW YORK

 

                                                                                    CAROLE BRENNAN, TOWN CLERK

Financial Impact:

No impact

 

 

RESOLUTION:              2017-1357

CATEGORY:                            Acquisitions

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Land Acquisition

Lendino Authorize CPF Acquisition

 

Authorize CPF Acquisition

 

 

Purported Owner:              Michael J. Lendino and Theresa M. Lendino

Location:                            237 S Essex St., Montauk

SCTM #:                            300-28-1-24

 

 

              WHEREAS, pursuant to § 247 of the General Municipal Law of the State of New York, the Town Board held a public hearing on December 21, 2017 to consider acquisition of approximately .34 acres of land located on 237 S Essex St., Montauk which lands are identified on the Suffolk County Tax Map as 300-28-1-24; and

 

              WHEREAS, the purported owner has expressed a willingness to sell the above referenced property in fee simple to the Town for the proposed purchase price of $200,000.00, plus survey, title, prorated tax, and recording charges; and

 

 

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

 

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

 

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

 

              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 Michael J. Lendino and Theresa M. Lendino, for the purpose of acquiring said property at a cost to the Town of East Hampton not to exceed $200,000.00, 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 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 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:

$200,000 plus closing costs from CPF budget account