East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

East Hampton Town Board meeting of January 9, 2018
East Hampton, New York

 

 

I.              Call to Order

10:00 AM Meeting called to order on January 9, 2018 at Montauk Firehouse, 12 Flamingo Avenue, Montauk, NY.

 

Attendee Name

Present

Absent

Late

Arrived

Councilwoman Kathee Burke-Gonzalez

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¨

¨

 

Councilwoman Sylvia Overby

¨

¨

¨

 

Councilman Jeffrey Bragman

¨

¨

¨

 

Supervisor Peter Van Scoyoc

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¨

¨

 

II.              Public Portion

III.              Topics

A.              Fences, Walls, Berms Legislation Discussion - NancyLynn Thiele

IV.              Liaison Reports

V.              Resolutions

A.              COUNCILWOMAN BURKE-GONZALEZ

 

RESOLUTION:              2018-85

CATEGORY:                            Warrant Approval

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

Tabled 1/4/2018 6:30 PM

1A Warrant- Approval of Claims $530,923.31 1A Utility Warrant $35,569.46

 

RESOLVED, that Claims on Warrant No. 1A/2018, in the amount of $ 530,923.31          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. 1A/2018, in the amount of $ 35,569.46            Were audited by the Town Board and the Supervisor is hereby directed to pay same.

 

RESOLUTION:              2018-86

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Bookkeeping

Budget Modification 2017 - Rec Center

 

Resolved, that at the request of the Buildings and Grounds department the following modification be made to the 2017 Operating Budget for the Rec Center to fund emergency HVAC repairs:

 

Appropriate $6,000 from the Rec Center Reserve

 

Add $6,000 to A1620.54550 (Buildings and Grounds Repairs)

 

RESOLUTION:              2018-87

CATEGORY:                            Bids Extended

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Purchasing

Tabled 1/4/2018 6:30 PM

Extend Contract - EH16-047 Annual Contract for Supply & Delivery of  Groceries December 2016 - Mivila Foods of NY, Inc.

 

WHEREAS, the Town Board solicited bids for the Annual Contract for Supply & Delivery of Groceries December 2016, Bid No. EH16-047; and

 

WHEREAS, the bids of Mivila Foods of NY., Inc. and DiCarlo Distributors, Inc. were the lowest bids received meeting the bid specifications and being in proper form; and

 

WHEREAS, the Town Board accepted the bids of Mivila Foods of NY, Inc. and DiCarlo Distributors, Inc. entered into an agreement that is renewable, upon agreement of the parties, for two (2) additional years; and

 

WHEREAS, Mivila Food of NY, Inc. has agreed to extend their agreement; and

 

WHEREAS, the user Department has recommended extension of the agreement; now, therefore be it

 

RESOLVED, the bid of Mivila Foods of NY, Inc for Items:4-7,9,10,11,13,14,16-18,20-22,24-29,33,34,36,38-53,55-57,61,64-68,72,73,75,76,78,79,81-84,86-95,97-99,101-115,117-128,130-143,145-151,153,154,162-164,166,168-170,173-175,177,179,181-186,188-191,195,196,198,200-208,210-216,218-220,224,225,227-229,231-234,238-249,252-254,256,258,261,263,264,266-268,270-272,274,276-280,282,284-287,289-293,296-298,300-302,304-311,313-324,327-335 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 for a period of one year to be effective from January 16, 2018 - January 15, 2019. 

 

RESOLUTION:              2018-88

CATEGORY:                            Amendment

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Purchasing

Tabled 1/4/2018 6:30 PM

Amend Resolution 2017-1214 - Cullen & Danowski, 2017 CPF Audit, RFP EH2013-106

 

WHEREAS resolution 2017-1214 dated 11/16/17 the Town Board approved Cullen & Danowski, LLP to perform the Audits for the Community Preservation Fund in the amount of $9600.00 for the 2017 CPF Audit; and

 

WHEREAS, the rates listed were not updated as per agreement; now, therefore, be it

 

RESOLVED, that in the event any additional services are required the following rates will apply and shall be payable from budget account CA8800 54520;

 

Partner $200.00/Hour

Manager $165.00/Hour

Senior $135.00/Hour

Staff $115.00/Hour

 

              RESOLVED, that the Town Clerk's office is hereby authorized to send a copy of this resolution to the appropriate parties.

Financial Impact:

Fund CA8800 54520

 

B.              COUNCILWOMAN OVERBY

 

RESOLUTION:              2018-89

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Tabled 1/4/2018 6:30 PM

NOPH Promised Land Fire Protection District

 

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 18, 2018 at 6:30 p.m. or as soon thereafter as this matter may be heard on a proposed contract with the Amagansett Fire District for fire protection and emergency ambulance service to be furnished by the District to the Town of East Hampton for the Promised Land Fire Protection District for calendar year 2018 upon the following general terms:

 

(1)              The Amagansett Fire District shall answer and attend all calls in said Promised Land Fire Protection District for fire protection and emergency service in case of accidents, calamities or other emergencies, and general ambulance service to the Promised Fire Protection District;

 

(2)              For such services during the 12 month period the Amagansett Fire District shall be paid the sum of $420,004.00 for 2018, payable on or before February 15th 2018; 

 

              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 18, 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 Amagansett Fire District for fire protection and emergency ambulance service to be furnished by the Amagansett Fire District to the Town of East Hampton for the Promised Land Fire Protection District for calendar year 2018, upon the following general terms:

 

(1)              The Amagansett Fire District shall answer and attend all calls in said Promised Land Fire Protection District for fire protection and emergency service in case of accidents, calamities or other emergencies, and general ambulance service to the Promised Fire Protection District;

 

(2)              For such services during the 12 month period the Amagansett Fire District shall be paid the sum of $420,004.00 for 2018, payable on or before February 15th of 2018; 

 

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:   January 4, 2018                                                        BY ORDER OF THE TOWN BOARD

                                                                                                  Town of East Hampton

                                                                                                  Carole Brennan

                                                                                                  Town Clerk

 

RESOLUTION:              2018-90

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Housing

Tabled 1/4/2018 6:30 PM

Create Accounts Community Housing Opportunity Fund 2018

 

Whereas, Community Housing Opportunity Funds accounts previously created hereunder for Year 2017 are closed out, except for encumbrances, at the end of the calendar year in which they were created and,

 

Whereas, projects associated with these accounts typically involve multiple years and,

 

Whereas, it has been determined that the construction, organization and sale of the Manor House Affordable Housing Project for affordable housing purposes is an ongoing and dynamic project that could require expenses during the development  for such purposes as, but not limited to surveys, professional services, permit fees, and reproductions and

 

Whereas, the Community Housing Opportunity Fund is the appropriate funding source for this project and the Town Board is desirous of funding same and

 

Whereas, the Town Board may from time to time wish to undertake other activities in pursuit of the creation of affordable housing for which the  the Fund would be the appropriate vehicle to accomplish same, now therefore be it

 

Resolved, the Town Board directs the Budget Officer to make the following Budget Amendment

 

INCREASE  Appropriated Unreserved Surplus CM 41775                   in the amount of $65,000

 

INCREASE  Office Expense                                            CM8681 54100   in the amount of   $2500

INCREASE  Outside Professional                              CM8681 54520   in the amount of  $12,500

INCREASE  Subcontractors                                            CM8681 54500   in the  amount of $10,000

INCREASE  Permits and Fees                                            CM8681 54161   in the amount of  $40,000

 

and be it further

 

Resolved, that the Clerk is directed to forward a copy of this resolution to Tom Ruhle, Director of Housing and to the Town Budget Office

 

RESOLUTION:              2018-91

CATEGORY:                            Appointments

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Human Resources

Tabled 1/4/2018 6:30 PM

Appoint Seasonal Snow Removal Drivers & Laborers in Highway Department

 

              RESOLVED that the following be and are hereby appointed to the seasonal, as needed, position of Auto Equipment Operator and Labors for the 2018 through 2019 snow removal season (pending the results of the mandatory Drug and Alcohol Testing) with the Highway Department at the hourly rate of $25.00 per hour payable biweekly with time card properly submitted from budget account #DB5142-51200 effective retroactive to January 1, 2018.

 

 

 

Richard Hamilton                                          AEO Driver

Steven Sizse                                                        AEO Driver

David Jaycox                                            AEO DRIVER

Elkin Castro                                                 LABORER

Joseph Warren                                            LABORER

Joseph Nigro                                                LABORER

Spencer Trotman                                          LABORER

 

RESOLUTION:              2018-92

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Approve Signature of Estoppel Certificate for Transfer of Hangar Unit

 

WHEREAS, the Town entered into a lease agreement with Hexagon Hangar Corporation dated December 1, 1982 which was thereafter amended and assigned to East Hampton Hangar, Inc. (East Hampton Hangar Condominium); and

 

WHEREAS, the owner of Condominium Unit #3 at the East Hampton Hangar Condominium, Lockvest, Inc., has requested the Town sign an estoppel certificate confirming that the Condominium, as a tenant, is not in default of their lease, and approving the transfer of the unit to the new owner, Christian Martin; now, therefore, be it

 

RESOLVED, that the Town Supervisor, subject to the approval of the Town Attorney, is hereby authorized and directed to sign the Estoppel Certificate on behalf of the Town of East Hampton.

C.              COUNCILMAN BRAGMAN

 

RESOLUTION:              2018-93

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Human Resources

Tabled 1/4/2018 6:30 PM

Appoint Part Time Recreation Aides

 

Resolved, that the following be and are hereby appointed part time Recreation Aides in the Recreation Department to be paid an hourly rate of $11.00, bi-weekly from budget account A7020-51200 upon proper submission of time records; effective January 5, 2018.

 

Jack Reese

Bladimir Rodriquez

 

RESOLUTION:              2018-94

CATEGORY:                            Amendment

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Human Resources

Tabled 1/4/2018 6:30 PM

Amend Budget Account for Harbors and Docks Employees

 

RESOLVED, James Bennett and Miles Maier will be paid from budget account A3125-51100, with no change in salary or title, retroactive to January 1, 2018.

 

RESOLUTION:              2018-95

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Human Resources

Appoint AEO's in the Highway Department

 

RESOLVED, that Brent Peters and Joshua Davidson be and are hereby appointed Automotive Equipment Drivers to be paid $20.956 an hour, $43,588.48 annually, (Grade 18, Starting Step) bi-weekly from budget account DB5110-51100, upon proper submission of time records, for a 40 hour work week; effective date is January 4, 2018.

 

RESOLUTION:              2018-96

CATEGORY:                            Bids to Notice

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Purchasing

Notice to Bidders - EH18-002 -  Printing of Miscellaneous Forms 2018 Bid Available 1/11/18 - Bid Due 2/1/18

 

WHEREAS, the Town of East Hampton wishes to purchase equipment and/or supplies in excess of $20,000; and

 

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

 

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

 

                                                        NOTICE TO BIDDERS

 

TAKE NOTICE, that sealed bids will be received by the Purchasing Agent, Purchasing Department Office on February 1, 2018 at 3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

                                                        Printing of Miscellaneous Forms 2018

 

Specifications are available at the Purchasing Department Office and may be picked up between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, (except Holidays)

beginning on January 11, 2018.  These specifications have met with the approval of the Purchasing Department. 

 

Each proposal must be submitted in a sealed envelope clearly marked "Printing of Miscellaneous Forms 2018".

 

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

 

And, be it further

 

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

 

Bid #                            Name                                                                      Opening Date                           

 

EH18-002              Printing of Miscellaneous                             February 1, 2018

                            Forms 2018                                                                     

                                                                                                                          

             

;and, be it further

 

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

 

RESOLUTION:              2018-97

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Town Attorney

Authorize Continuation of Contract with North Fork Water for Distribution of Water in Wainscott PFC Survey Area

 

WHEREAS, pursuant to Resolution 2017-1130, the Town authorized a contract for North Fork Water to provide bottled water to households in the Wainscott PFC Survey Area; and,

 

WHEREAS, as a result of some testing results, the survey area has been expanded and testing continues in the expaned Wainscott PFC Survey Area; and

 

WHEREAS, the Town believes there is still a need to provide bottled water to those in the impacted area; now therefore be it

 

RESOLVED, that the Supervisor is hereby authorized and directed to extend the contract with North Fork Water to provide distribution of water to eligible households in the expanded Wainscott PFC Survey area; and be it further

 

RESOLVED, that the funding shall be from 2018 fund line A1930-54101 in an amount not to exceed $10,000.00 dollars.

D.              SUPERVISOR VAN SCOYOC

 

RESOLUTION:              2018-98

CATEGORY:                            Public Notice

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Clerk

Re-Schedule Public Hearings

 

WHEREAS, a regularly scheduled Town Board meeting was to be held on January 4, 2018 at which there were scheduled three public hearings; and

 

WHEREAS, due to a Blizzard and an Emergency Declaration and closure of Town Offices the meeting was cancelled; now, therefore be it

 

RESOLVED, that the following three public hearings originally scheduled for January 4, 2018 are hereby re-scheduled for January 18, 2018 and noticed in the January 11th edition of the East Hampton Star. 

 

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, Montauk. 

 

Easement: Adam Wade Potter Revocable Trust

 

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.

 

RESOLUTION:              2018-99

CATEGORY:                            Appointments

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Joanne Pilgrim Executive Assistant to the Town Supervisor

 

RESOLVED, that Joanne Pilgrim be and she is hereby appointed to the exempt position of Executive Assistant to the Town of East Hampton Supervisor at an annual salary of $75,000.00 to be paid bi-weekly from budget account A1220-51100 effective January 9, 2018.

 

RESOLUTION:              2018-100

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Approve Reimbursement of Expenses Related to Inspections of Repairs to Town Vessel

 

WHEREAS, a Town's vessel required repairs to be made under a warranty by the boatbuilder, Siverships, and

 

WHEREAS, such repairs were made by North Fork Welding at the Brewer Yacht Yard in Greenport, New York and Town Officials as members of the Marine Division of the East Hampton Town Police Department (EHTPD) were required to perform inspections of the repairs at the boatyard in Greenport; and

 

WHEREAS, travel to and from Greenport required the use of the north and south ferries at Shelter Island; now, therefore, be it

 

RESOLVED, that Ed Michels shall be entitled to reimbursement for ferry transportation costs for member of the Marine Division of the EHTPD across Shelter island to and from Greenport, New York, for purposes of inspecting repairs to the Town's vessal, in an amount not to exceed Fifty ($50.00) Dollars, upon submission of properly supported vouchers, such amount to be paid from budget account A3135 54572 (boat repairs and maintenance)

 

RESOLUTION:              2018-101

CATEGORY:                            Bids to Notice

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Purchasing

Tabled 1/4/2018 6:30 PM

Notice to Bidders - EH18-001 - Annual Generator Maintenance Contract 2018 Bid Available January 4, 2018 - Bid Due January 17, 2018

 

WHEREAS, the Town of East Hampton wishes to perform public works in excess of $35,000.00; and

 

WHEREAS, pursuant to GML Section 103 all public works projects that will exceed $35,000.00 shall be formally bid; now, therefore, be it

 

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

 

                                                        NOTICE TO BIDDERS

 

TAKE NOTICE, that sealed bids will be received by the Purchasing Agent, Purchasing Department, Town Hall on January 17, 2018 at 3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

                                                  Annual Contract for Generator Maintenance 2018

 

Specifications are available at the purchasing Department Office and may be picked up between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, (except Holidays) beginning on January 4, 2018.  These specifications have met with the approval of the Purchasing Department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Annual Generator Maintenance Contract 2018."

 

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

 

And, be it further

 

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

 

Bid #                            Name                                                                                            Opening Date                           

 

EH18-001      Annual Generator Maintenance                             January 17, 2018

                            Contract 2018              

 

and, be it further

 

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

 

RESOLUTION:              2018-102

CATEGORY:                            Bids Extended

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Purchasing

Contract Extension EH16-046 - Annual Contract Glass Replacement & Repair Work for Automobiles, Trucks & Equipment -  Safelite Fulfillment, Inc.

 

WHEREAS, the Town solicited bids in 2016 for the Annual Contract for Glass Replacement & Repair Work for Automobiles, Trucks & Equipment - No. EH16-046; and

 

WHEREAS, the bid of Safelite Fulfillment, Inc. Was the lowest bid received meeting the bid specifications; and

 

WHEREAS, the Town Board accepted the bid of Safelite Fulfillment, Inc. And entered into an agreement that is renewable, upon agreement of the parties; now therefore be it,

 

RESOLVED, that the Senior Purchasing Agent is hereby authorized to issue purchase orders to Safelite Fulfillment, Inc. in accordance with the Town's bid specifications and the bid submission of the Contractor for an additional one year period to be effective from February 1, 2018 through January 31, 2019.

 

RESOLUTION:              2018-103

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Adopt Findings of Fact and Recommendations - Discliplinary Matter

 

WHEREAS, William Taylor ("Taylor") is employed by the Town of East Hampton (the "Town") as Waterways Management Supervisor; and

 

WHEREAS, disciplinary charges and specifications were preferred against Mr. Taylor on or about November 3, 2016 alleging misconduct and incompetence in his capacity as an employee of the Town, including charges alleging in substance that Mr. Taylor engaged in unauthorized work while on duty for the Town, and seeking a suspension of his employment; and

 

WHEREAS, in accordance with Section 75 of the New York State Civil Service Law, Mr. Taylor was suspended for 30 days without pay pending resolution of the disciplinary charges; and

 

WHEREAS, a hearing was held regarding said charges in accordance with the provisions of Civil Service Law section 75 before the duly-designated Hearing Officer, Eileen Powers, Esq. (the "Hearing Officer"), and

 

WHEREAS, the Hearing Officer issued Findings of Fact and Recommendation, dated November 9, 2017, and issued to the parties on or about December 12, 2017, wherein the Hearing Officer recommended that William Taylor be found not guilty of each of  the charges of misconduct and incompetence preferred against him on or about November 3, 2016, and

 

WHEREAS, as part of the Hearing Officer's Findings of Fact and Recommendation, the Hearing Officer found that, on September 4, 2016, just after he punched in to work for the Town, Mr. Taylor, who was and is also an elected member of Trustees of the Freeholders and Commonality of the Town of East Hampton (the "Town Trustees"), received a call from the Clerk of the Town Trustees advising him that a representative of a civic association was requesting assistance with a piece of equipment being kept at Georgica Pond, and that Mr. Taylor went to the property where the piece of equipment was being kept to check on the equipment without punching out of work for the Town, and as part of which Findings the Hearing Officer also found that Mr. Taylor did not take issue with the understanding that he was required to punch out from work for the Town before performing Town Trustee work, but also concluded that Mr. Taylor thought that checking on the equipment at Georgica Pond would be quick and that the testimony presented did not indicate any willful misconduct or incompetence by Mr. Taylor; and

 

WHEREAS, by hereby adopting the Hearing Officer's Findings of Fact and Recommendation, including the Hearing Officer's conclusion that the conduct was "not an act in bad faith" and that Mr. Taylor is not guilty of any of the charges preferred against him on or about November 3, 2016, the Town does not in any way condone or authorize any Town employee to perform functions in his or her capacity as an elected or appointed official or employee of any body, agency, board, authority, trusteeship or organization other than the Town while on duty for the Town; now therefore be it

 

RESOLVED, that the Town Board hereby adopts the Hearing Officer's Findings of Fact and Recommendation, dated November 9, 2017; and be it further

 

RESOLVED, that Mr. Taylor's 30 day suspension pending resolution of the charges is hereby rescinded, and that Mr. Taylor shall be compensated for his regular base wages during that period.

VI.              Executive Session