East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

East Hampton Town Board meeting of August 2, 2018
East Hampton, New York

 

 

I.              Call to Order

6:30 PM Meeting called to order on August 2, 2018 at Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY.

 

Attendee Name

Present

Absent

Late

Arrived

Councilwoman Kathee Burke-Gonzalez

¨

¨

¨

 

Councilman David Lys

¨

¨

¨

 

Councilwoman Sylvia Overby

¨

¨

¨

 

Councilman Jeffrey Bragman

¨

¨

¨

 

Supervisor Peter Van Scoyoc

¨

¨

¨

 

II.              Public Hearings

1.              Chiles SPH NPH CPF Project Plan Addition

2.              Chiles SPH NPH CPF Acquisition and Amend 2018 M&S Plan

3.              Gorgone SPH NPH CPF Project Plan Addition

4.              Gorgone SPH NPH CPF Acquisition and Amend 2018 M&S Plan

5.              Basso SPH NPH CPF Project Plan Addition

6.              Basso SPH NPH CPF Acquisition and Amend 2018 M&S Plan

7.              HEARING 5 & 6 ARE CANCELLED

8.              Winski Grant of Scenic and Conservation Easement
Schedule Public Hearing and Notice of Public Hearing

9.              NOPH to Accept Scenic, Conservation and Trail Easement  - Cross Hwy (Adj. SCTM# 300-151-1-12 and 151-2-3)

10.              NOPH - Amend UR Map SP-4

11.              HEARING#10 IS CANCELLED

III.              Public Portion

IV.              Resolutions

A.              COUNCILWOMAN BURKE-GONZALEZ

 

RESOLUTION:              2018-895

CATEGORY:                            Warrant Approval

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

Warrant No. 8A - Approval of Claims - $1,998,082.90 Utility Warrant 8A - $41,204.51

 

RESOLVED, that Claims on Warrant No. 8A, in the amount of $1,998,082.90 were audited by the Town Board and the Supervisor is hereby directed to pay same; and be it

 

FURTHER RESOLVED, that Claims on Utility Warrant No. 8A, in the amount of $41,204.51 were audited by the Town Board and the Supervisor is hereby directed to pay same.

 

RESOLUTION:              2018-896

CATEGORY:                            Appointments

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Human Resources

Appoint Lifeguards to the Recreation Department-August B

 

Resolved, that the following be and are hereby appointed to the titles, budget accounts and hourly rates listed below, to be paid bi-weekly, upon proper submission of time records, effective August 3, 2018:

 

Teo Upton                                          Sr. Ocean Lifeguard                            $15.50                            A7180-51200

Carlos Schiappacasse                            Ocean Lifeguard                            $14.50                            A7180-51200

 

RESOLUTION:              2018-897

CATEGORY:                            Amendment

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Human Resources

Appoint Lifeguards to New Titles-August C

 

RESOLVED, that the following lifeguards be and are hereby appointed to the titles, new hourly rates and budget accounts listed below to be paid bi-weekly, upon proper submission of time records, and retroactive to July 28, 2018:

 

Zane Musnicki                            Advanced Bay Lifeguard                            $14.50                            A7180-51200

Aiden Cameron              EMT Lifeguard                                                        $17.50                            A7180-51200

Leah Hatch                            Advanced Bay Lifeguard                            $14.50                            A7180-51200

Nina Piacentine              Lieutenant Lifeguard                                          $16.00                            A7180-51200

 

RESOLUTION:              2018-898

CATEGORY:                            Appointments

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Human Resources

Appoint Lifeguards to the Recreation Department-August A

 

Resolved, that the following be and are hereby appointed to the titles, budget accounts and hourly rates listed below, to be paid bi-weekly, upon proper submission of time records, effective August 3, 2018:

 

Mikela Junemann                            Bay Lifeguard                            $14.00                            A7180-51200

Thomas Dayton                            Sr. Ocean Lifeguard              $15.50                            A7180-51200

 

RESOLUTION:              2018-899

CATEGORY:                            Appointments

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Human Resources

Appoint Recreation Aide in the Recreation Department-Antwoine Petty

 

RESOLVED, that Antwoine Petty be and is hereby appointed to the title of Recreation Aide in the Recreation Department at a rate of $11.00 an hour to be paid bi-weekly from budget account A7020-51200, upon proper submission of time records, effective August 3, 2018 through September 17, 2018.

 

RESOLUTION:              2018-900

CATEGORY:                            Issue Check

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Parks and Recreation

Amend Resolution 2018-721

 

WHEREAS, Resolution 2018-721 approved to pay Pickleball Central for an invoice from 2017 that was never paid from budget account #A7020-51200 and should have been paid from budget account #A7020-54721; now, therefore be it

 

RESOLVED, the Town will pay the outstanding 2017 invoice in the amount of $19.14; payable from budget account A7020-54721 upon properly submitted voucher; and, be it further

 

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

 

RESOLUTION:              2018-901

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Human Resources

Amend Resolution 2018-655

 

RESOLVED, that Matthew Thompson, appointed as Recreation Aide on resolution 2018-655, be and is hereby appointed to Recreation Specialist to the Recreation Department with no change in budget account or hourly rate, effective retroactive to June 8, 2018 through September 17, 2018.

 

RESOLUTION:              2018-902

CATEGORY:                            Issue Check

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Parks and Recreation

Authorize Payment

 

WHEREAS, it has been ascertained by the Parks & Recreation Department records, that Martha Remache has registered her children for the Games & Craft program for 8 weeks, her children went for three weeks and the children do not want to attend the program anymore: now, therefore be it

 

Resolved, the Town will pay Martha Remache in the amount of $1,500.00, payable from Revenue Line A0-42001 upon properly submitted voucher: and, be it further

 

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

 

RESOLUTION:              2018-903

CATEGORY:                            Issue Check

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Parks and Recreation

Authorize Payment

 

WHEREAS, it has been ascertained by the Parks and Recreation Department and verified by the Town Clerk's Office, that a February 2017 and October 2017 Invoice for electric use was never paid to PSEGLI - Hicksville NY: now, therefore be it

 

Resolved, the Town will pay the outstanding 2017 invoices in the amount of $54.89, payable from Budget Account #A5182-54310 upon properly submitted voucher: and, be it further

 

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

 

RESOLUTION:              2018-904

CATEGORY:                            Bids Accepted

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Purchasing

Accept Bid EH18-037 - T-Shirts, Sweatshirts & Other Uniform  Items 2018-  Express Press, ABC Custom Sales & W.B. Mason Co., Inc.

 

WHEREAS, the Town Board solicited bids for T-Shirts, Sweatshirts & Other Uniform Items 2018, Bid No. EH18-037; and

 

WHEREAS, the bids of Express Press, ABC Custom Sales Inc. and W.B. Mason Co., Inc. were the lowest bids received meeting the bid specifications and being in proper form; and

 

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

 

RESOLVED, that the Supervisor is authorized to execute any and all documents necessary to memorialize said work for T-Shirts & Sweatshirts & Other Uniform Items 2018; now, therefore be it further

 

RESOLVED, that the bid of ABC Custom Sales, Inc is hereby accepted for Items: 1,2,3,7-60,63-70,78,79,80,82,83,84,89,90,112-116; Express Press for Items: 71,72,73,91-105,112-116 and W.B. Mason Co., Inc. for Items: 4,5,6,61,62,74,75,76,77,81,85-88,112-116 and the Purchasing Agent is hereby authorized to issue purchase orders in accordance with the Town's bid specifications and the bid submissions of the contractors.

B.              COUNCILMAN LYS

 

RESOLUTION:              2018-905

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Land Acquisition

Schedule Public Hearing/Notice of Public Hearing to Amend Town Code Chapter 91 (Beaches & Parks): Changes to Allowable Hunting on Town Lands

 

BE IT RESOLVED, that a public hearing is hereby scheduled to be held on a proposed Local Law amending Chapter 91 ("BEACHES AND PARKS") of the East Hampton Town Code in order to amend the schedule of Town lands on which hunting is permitted, said hearing to be held at the Town Hall Board Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, on Thursday, August 16, 2018 at 6:30 p.m. or as soon thereafter as this matter may be heard, and said proposed Local Law to read as follows:

 

LOCAL LAW NO. OF 2018

INTRODUCTORY NO.  of 2018

 

A Local Law providing for the amendment of Chapter 91 ("Beaches and Parks") of the East Hampton Town Code in order to change the parcels of land on the schedules of Town lands on which hunting is permitted, as more fully set forth in the text of the Local Law, said Local Law to read as follows:

 

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

 

SECTION I. - FINDINGS AND OBJECTIVES:

 

This local law provides for the amendment of Chapter 91 (Beaches and Parks) of the Town Code at Schedule I-V to update the list of Town lands upon which hunting is permitted.

 

SECTION II. - TOWN CODE AMENDED:

 

CHAPTER 91

BEACHES AND PARKS

 

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

 

SCTM# 300-125-1-1 John's Hole 21.6 acres REMOVE Big Game Bow

             

SECTION III. - SEVERABILITY:

 

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

 

SECTION IV. - EFFECTIVE DATE:

 

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

AND BE IT FURTHER RESOLVED, that the Town Clerk is directed to publish a Notice of Public Hearing in the August 9, 2018 edition of the East Hampton Star.

 

NOTICE OF PUBLIC HEARING

 

TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on Thursday, August 16, 2018 at 6:30 p.m. or as soon thereafter as this matter may be heard, to consider a proposed Local Law amending Chapter 91 ("BEACHES AND PARKS") of the East Hampton Town Code in order to amend the schedule of Town lands on which hunting is permitted.

 

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

 

Dated:               BY ORDER OF THE TOWN BOARD

TOWN OF EAST HAMPTON

 

Carole A. Brennan,

TOWN CLERK

Financial Impact:

None.

 

 

RESOLUTION:              2018-906

CATEGORY:                            Bids to Notice

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Purchasing

Notice to Bidders - Bid #EH18-042 -  Boat for Marine Maintenance & Hatchery Bid Available 7/26/18 - Bid Due 8/16/18

 

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 Marine Patrol & Hatchery, 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 Thursday, August 16, 2018 at 3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

                                                        Boat for Marine Maintenance & Hatchery

 

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 Thursday, July 26, 2018.  These specifications have met with the approval of the Purchasing Department. 

 

Each proposal must be submitted in a sealed envelope clearly marked "Boat for Marine Maintenance & Hatchery "

 

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                           

 

EH18-042              Boat for Marine Maintenance & Hatchery              August 16, 2018

 

RESOLUTION:              2018-907

CATEGORY:                            Budget

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Bookkeeping

Budget Modification - Aquaculture

 

Resolved, at the request of the department head the Budget Office is directed to make the following modification to the Aquaculture Budget for the purpose of using State grant funding to purchase new equipment:

 

Add $30,000 to Revenue Line A0 42775 (Grant-Hatchery)

Add $30,000 to A8740-52600 (Aquaculture-Other Equipment)

 

RESOLUTION:              2018-908

CATEGORY:                            Grants

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Town Attorney

Amend Resolution 2018-854 Authorizing Application to the New York State Consolidated Funding Application for Town of East Hampton Shellfish Hatchery & Nursery Consolidation

 

WHEREAS, by Resolution #2018-854 the Town of East Hampton authorized a New York State Consolidated Funding Application (NYS CFA) to design and construct a new aquaculture facility consisting of a combined hatchery and nursery on property to be acquired by the Town through the New York State Department of State Office of Planning and Development Environmental Protection Fund Local Waterfront Revitalization Program (NYS DOS EPF LWRP) and the Empire State Development Program (ESD); and

WHEREAS, further information has indicated that the total costs set forth in Resolution 2018-854 should be increased to include the anticipated costs for solar panels and design and permitting costs, increasing the total estimated project costs to $4,751,320.00; and

WHEREAS, in addition, the eligible costs qualifying for the grant is limited to twenty (20%) percent of the costs for improvements to the property, which are estimated at $2,651,320.00 of the $4,751,320.00 total costs, for a total estimated grant of $530,264.00; now, therefore, be it

RESOLVED, that the Supervisor is hereby authorized to file a General Application to the NYS CFA and to submit or cause to be submitted any documents requested to effectuate same as required; and, be it further

 

RESOLVED, that upon recommendation of the Town Budget Officer and approval of the Town Attorney, the Supervisor is authorized to execute a contract with the ESD and/or the NYS DOS LWRP to design and construct a new aquaculture facility; and be it further

 

RESOLVED, that any grant monies received shall be applied to repaying those portions of the project funded with general municipal bond proceeds first, and any additional funds shall then be applied to offset any Community Preservation Fund monies thereafter.

 

RESOLUTION:              2018-909

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Land Acquisition

Basso SPH NPH CPF Project Plan Addition

 

BE IT RESOLVED, that a public hearing is hereby scheduled to be held on a proposed Local Law adopting a revised "Community Preservation Project Plan," pursuant to Section § 64-e of the New York Town Law, which provides for the preservation of open space, historic places, and recreational areas within the Town of East Hampton, including the incorporated villages therein, to include lands reputedly owned by Gayle Basso, Madeleine Potter and Job Potter, and identified on the Suffolk County Tax Map as 300-150-1-1.10 & 1.11 and 300-149-5-8.  All as more fully set forth in the text of the Local Law, said hearing to be held at the Town Hall Court Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, on Thursday August 16, 2018, at 6:30 p.m. or as soon thereafter as this matter may be heard, and said proposed Local Law to read as follows:

 

LOCAL LAW NO.        OF 2018

INTRODUCTORY NO.      OF 2018

 

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 Gayle Basso, Madeleine Potter and Job Potter, and identified on the Suffolk County Tax Map as 300-150-1-1.10 & 1.11 and 300-149-5-8.  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 12 acres of land reputedly owned by Gayle Basso, Madeleine Potter and Job Potter, located on 6 & 4 Hamlin Lane and Stoney Hill Lane, Amagansett, and identified on the Suffolk County Tax Map as 300-150-1-1.10 & 1.11 and 300-149-5-8 for the following reasons:

These parcels are located over the Stony Hill Aquifer, a Water Recharge Overlay District, a South Fork Special Groundwater Protection Area, and the Pine Barrens.  The property is contiguous to other protected lands, with the potential to expand green space and trail connections.

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 12 acres of land reputedly owned by Gayle Basso, Madeleine Potter and Job Potter, located on 6 & 4 Hamlin Lane and Stoney Hill Lane, Amagansett, and identified on the Suffolk County Tax Map as 300-150-1-1.10 & 1.11 and 300-149-5-8  to the list of Open Space Recommendations in the "Community Preservation Project Plan" prepared by the Town Planning Department and dated July 7, 2011, said plan being intended to constitute, in its revised form, the community preservation project plan which is required by Section § 64-e of the New York Town Law and Article I ("Community Preservation Fund") of the East Hampton Town Code.

 

SECTION III. - SEVERABILITY:

 

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

 

SECTION IV. - EFFECTIVE DATE:

 

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

 

 

              AND BE IT FURTHER RESOLVED, that the Town Clerk is directed to publish a Notice of Public Hearing in the August 9, 2018 edition of the East Hampton Star.

 

 

NOTICE OF PUBLIC HEARING

Intro. #    Of  2018

 

              TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on August 16, 2018 at 6:30 p.m. in the Town Board Meeting Room, Town Hall, 159 Pantigo Road, East Hampton, New York, or as soon thereafter as this matter may be heard, on a proposed Local Law providing for the adoption of a revised "Community Preservation Project Plan," pursuant to Section 64-e of the New York Town Law, which provides for the preservation of open space, historic places, and recreational areas within the Town of East Hampton, including the incorporated villages therein, to include approximately 12 acres of land located at 6 & 4 Hamlin Lane and Stoney Hill Lane, Amagansett, reputedly owned by Gayle Basso, Madeleine Potter and Job Potter, and identified on the Suffolk County Tax Map as 300-150-1-1.10 & 1.11 and 300-149-5-8.

 

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

 

 

DATED: August 2, 2018                           

Financial Impact:

No Impact for NPH SPH

 

 

RESOLUTION:              2018-910

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Land Acquisition

Basso SPH NPH CPF Acquisition and Amend 2018 M&S Plan

 

SCHEDULE PUBLIC HEARING - REAL PROPERTY ACQUISITION & AMEND 2018 M&S PLAN

 

Purported Owner:              Gayle Basso, Madeleine Potter and Job Potter

Location:                            6 & 4 Hamlin Lane and Stoney Hill Lane, Amagansett

SCTM #:                            300-150-1-1.10 & 1.11 and 300-149-5-8

 

              WHEREAS, the Town of East Hampton is considering the purchase of approximately 12 acres of vacant land located on 6 & 4 Hamlin Lane and Stoney Hill Lane, Amagansett which lands are identified on the Suffolk County Tax Map as SCTM #300-150-1-1.10 & 1.11 and 300-149-5-8; and

 

              WHEREAS, the proposed purchase price is $3,550,000.00, plus survey, title, prorated tax, and recording charges; and

 

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

 

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

 

              WHEREAS, on February 1, 2018 the Town Board adopted the 2018 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 2018 with updates permitted from time to time at the discretion of the Town Board after a public hearing; and

 

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

 

              NOW, THEREFORE, BE IT RESOLVED, that pursuant to § 247 of the General Municipal Law and § 64-e (8) of the Town Law of the State of New York, the Town Board will hold a public hearing to consider the following:

 

              A) The acquisition of the above described property, reputedly owned by Gayle Basso,               Madeleine Potter and Job Potter at a cost to the Town of East Hampton not to               exceed $3,550,000.00 plus reasonable survey, title, prorated tax, and recording               charges

 

              B) An amendment to the 2018 M&S Plan to include said property

 

Said public hearing to be held in the Town Board Meeting Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, on August 16, 2018 at 6:30 p.m. or as soon thereafter as this matter may be heard; and be it

 

              FURTHER RESOLVED, that the Town Clerk is hereby directed to publish a Notice of Public Hearing in the August 9, 2018 edition of the East Hampton Star.

 

              NOTICE OF PUBLIC HEARING

 

              TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing pursuant to § 247 of the General Municipal Law and § 64-e (8) of the Town Law of the State of New York on August 16, 2018 at 6:30 p.m. in the Town Board Meeting Room, Town Hall, 159 Pantigo Road, East Hampton, New York, or as soon thereafter as this matter may be heard, to consider the following:

 

              A) The Town's acquisition for open space and agricutural purposes, with Community               Preservation Funds of property located at 6 & 4 Hamlin Lane and Stoney Hill Lane,               Amagansett, reputedly owned by Gayle Basso, Madeleine Potter and Job Potter,               and consisting of approximately 12 acres of land, at a cost to the Town of East               Hampton not to exceed $3,550,000.00 plus reasonable               survey, title, prorated tax,               and recording charges, said property being described on the Suffolk County Tax               Map as SCTM #300-150-1-1.10 & 1.11 and 300-149-5-8

 

 

              B) An amendment to the 2018 CPF Management & Stewardship Plan to include said               property

 

 

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

 

Dated:              August 2, 2018                                         

Financial Impact:

No impact

 

C.              COUNCILWOMAN OVERBY

 

RESOLUTION:              2018-911

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Hummel 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, August 16, 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: Kevin T. Hummel and Crystalyn L. Hummel

TYPE OF EASEMENT: Scenic and Conservation

DATE OF EASEMENT: August 2, 2018

LOCATION:              20 Devon Landing Drive, Amagansett

                            SCTM #300-127-02-36

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 August 9, 2018 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, August 16, 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: Kevin T. Hummel and Crystalyn L. Hummel

TYPE OF EASEMENT: Scenic and Conservation

DATE OF EASEMENT: August 2, 2018

LOCATION:              20 Devon Landing Drive, Amagansett

                            SCTM #300-127-02-36

REVIEWING AGENCY: Zoning Board of Appeals

 

RESOLUTION:              2018-912

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

ES Landing LLC 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, August 16, 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: ES Landing LLC

TYPE OF EASEMENT: Scenic and Conservation

DATE OF EASEMENT: August 1, 2018

LOCATION:              96 Northwest Landing Road

                            SCTM #300-90-1-15.1

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 August 9, 2018 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, August 16, 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: ES Landing LLC

TYPE OF EASEMENT: Scenic and Conservation

DATE OF EASEMENT: August 1, 2018

LOCATION:              96 Northwest Landing Road

                            SCTM #300-90-1-15.1

REVIEWING AGENCY:               Zoning Board of Appeals

 

RESOLUTION:              2018-913

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Wainscott Holdings, LLC Grant of Scenic 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, August 16, 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: Wainscott Holdings, LLC

TYPE OF EASEMENT: Agricultural and Conservation

DATE OF EASEMENT: June 28, 2018

LOCATION:              131 Town Line Road, Wainscott

                            SCTM #300-200-2-51.2

REVIEWING AGENCY: Planning Board

 

and be it

 

              FURTHER RESOLVED, that the Town Clerk is hereby directed to publish a Notice of Public Hearing in the August 9, 2018 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, August 16, 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: Wainscott Holdings, LLC

TYPE OF EASEMENT: Agricultural and Conservation

DATE OF EASEMENT: June 28, 2018

LOCATION:              131 Town Line Road, Wainscott

                            SCTM #300-200-2-51.2

REVIEWING AGENCY: Planning Board

 

RESOLUTION:              2018-914

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Wainscott Holdings LLC Agricultural 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, August 16, 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 an agricultural conservation easement to the Town of East Hampton:

 

GRANTOR: Wainscott Holdings, LLC

TYPE OF EASEMENT: Agricultural and Conservation

DATE OF EASEMENT: June 28, 2018

LOCATION:              131 Town Line Road, Wainscott

                            SCTM #300-200-2-51.2

REVIEWING AGENCY: Planning Board;

 

and be it

 

              FURTHER RESOLVED, that the Town Clerk is hereby directed to publish a Notice of Public Hearing in the August 9, 2018 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, August 16, 2018 at 6:30 p.m. or as soon thereafter as this matter may be heard, concerning the following grant of agricultural and conservation easement to the Town of East Hampton:

 

GRANTOR: Wainscott Holdings, LLC

TYPE OF EASEMENT: Agricultural and Conservation

DATE OF EASEMENT: June 28, 2018

LOCATION:              131 Town Line Road, Wainscott

                            SCTM #300-200-2-51.2

REVIEWING AGENCY: Planning Board

 

RESOLUTION:              2018-915

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Housing

2019 Administrative Plan Section 8 NOPH

 

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

 

             

              WHEREAS, a public hearing is required by the United States Department of Housing and Urban Development before the plan is adopted by the Town for the Year 2019, now therefore be it

 

             RESOLVED, that a Public Hearing on the Plan is hereby scheduled to be held on October 4, 2018 at 6:30 pm or as soon thereafter as this matter may be heard by the Town Board of the Town of East Hampton at Town Hall, 159 Pantigo Road, East Hampton, New York 11937, and be it further

             

             RESOLVED, that the Town Clerk is hereby directed to publish the attached Notice of Public Hearing in the August 9, 2018 edition of the East Hampton Star, and be it further

 

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

 

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

             

                                                                  Public Notice

 

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

 

The draft of the plan shall be available for inspection at the Office of Housing and Community Development located at 267 Bluff Road in Amagansett, New York between the hours of 9:00 am and 4:00 pm prevailing time starting August 13, 2018.  In order to be considered all comments on the draft of the plan must be submitted in writing to Thomas E. Ruhle, Director of the Office of Housing and Community Development, 159 Pantigo Road, East Hampton, New York 11937 before 3:00 pm, October 4, 2018 or introduced at a Public Hearing to be held on October 4, 2018 at 6:30 pm or as soon thereafter as this matter may be heard by the Town Board of the Town of East Hampton at Town Hall, 159 Pantigo Road, East Hampton, New York.

 

RESOLUTION:              2018-916

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Gazza 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, August 16, 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: Blair Katherine Gazza             

TYPE OF EASEMENT: Scenic and Conservation

DATE OF EASEMENT: June 12, 2018

LOCATION:              58 Muir Boulevard, East Hampton

                            SCTM #300-123-03-2.3

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 August 9, 2018 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, August 16, 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: Blair Katherine Gazza             

TYPE OF EASEMENT: Scenic and Conservation

DATE OF EASEMENT: June 12, 2018

LOCATION:              58 Muir Boulevard, East Hampton

                            SCTM #300-123-03-2.3

REVIEWING AGENCY: Zoning Board of Appeals

 

RESOLUTION:              2018-917

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Retain Dodson & Flicker - Environmental Review - Hamlet Studies

 

WHEREAS. Dodson & Flicker, Inc. and Lisa Liquori of Fine Arts & Sciences, LLC (Lisa Liquori) has assisted the Town in developing the Hamlet Studies for the various hamlets throughout the Town of East Hampton; and

 

WHEREAS, the Town Board is interested in adopting some of the recommendations set forth in the hamlet studies, and desires to retain Dodson & Flicker, Inc., and Lisa Liquori to assist the Town in completing the environmental analysis of the proposed recommendations; and

 

WHEREAS, Dodson & Flicker, Inc. and Lisa Liquori have submitted a proposal for such additional services, dated July 17, 2018, estimating the total costs for such services at $47,650.00; now, therefore, be it

 

RESOLVED, that the Town Board hereby retains the professional services of Dodson & Flicker, Inc. and Lisa Liquori of Fine Arts & Sciences, LLC to assist the Town in completing the environmental analysis for the adoption of the proposed recommendations set forth in the hamlet studies; and be it further

 

RESOLVED, that Dodson & Flicker, Inc. and Lisa Liquori shall be paid in accordance with their proposal dated July 17, 2018 a total sum not to exceed $47,650.00 as set forth in the schedule below, from budget account #88021-54520.

__________________

 

              Lisa Liquori:   $150/hr., not to exceed the sum of                   $19,500.00

              Peter Flicker:  $135/hr. not to exceed the sum of                  $10,000.00 

              Dodson & Flicker: $110/hr. not to exceed the sum of                $18,150.00

 

                                                                                    Total:                                          $47,650.00

 

RESOLUTION:              2018-918

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Increase Cap - Cooley LLP as Outside Counsel for Certain Airport Projects 2018

 

RESOLVED, that the Town of East Hampton has retained the services of Cooley, LLP, as outside counsel to represent the Town in aviation matters and desires for them to continue for calendar year 2018; and be it further

 

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

 

RESOLVED, that an increase in fees is required and such increase shall be capped at $150,000.00 constituting a total of $300,000.00 to be spent on legal services provided by 

Cooley, LLP., with any further expenditures to be subject to review and approval of the Town Board; and be it further

 

RESOLVED, that payment to said counselor(s) is to be paid in accordance with the fee schedule set forth in Resolution No. 2018-397, upon voucher properly submitted, from budget account SX5610-54520 Airport-Outside Professional.

 

RESOLUTION:              2018-919

CATEGORY:                            Securities Accepted

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Accept Security URP 59 in MN-2

 

[Accept Security, Urban Renewal]

 

             

 

              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

                                                        (Filed Map or SCTM#)

 

Stephen E. Puglia                            URP 59 in MN-2                                          Cashier's Check Chase

c/o East End Land Planning              Map 1013 Blk 41                                          #9794205832

P.O. Box 2302                                          Lots 3,4                                                        $7,200.00

Amagansett, NY 11932              0300-28-6-24.1

 

RESOLUTION:              2018-920

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

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Housing

Appraise Property Dorsett Road

 

WHEREAS, the Town of East Hampton is considering the acquisition of a home previously constructed under the Town's Affordable housing program located within the Town of East Hampton (SCTM 300-39-5-7) for the purpose of maintaining affordable housing; and

 

WHEREAS, the Town Board wishes to obtain an appraisal to reflect the  current fair market value of the home and land together and of the land only; now, therefore, be it

 

RESOLVED, that Patricia Parsons,  is hereby retained to prepare an appraisal report for the above parcel; and, be it further

 

RESOLVED, that the total fee for said appraisal report shall not exceed $1400 and shall be paid from CD18680.54520; and, be it further

 

RESOLVED, that the Town Clerk is hereby directed to send copies of this resolution to the following:

 

Appraiser

            Patricia Parsons 14 Sycamore Drive, East Hampton, NY 11937

 

Tom Ruhle            Director of Housing and Community Development

 

RESOLUTION:              2018-921

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

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Housing

Appraise Property for Affordable Housing Bow Oarsman Road

 

WHEREAS, the Town of East Hampton is considering the acquisition of a home previously constructed under the Town's Affordable housing program located within the Town of East Hampton (SCTM 300-144.1-1-61) for the purpose of maintaining affordable housing; and

 

WHEREAS, the Town Board wishes to obtain an appraisal to reflect the  current fair market value of the home and land together and of the land only; now, therefore, be it

 

RESOLVED, that Patricia Parsons,  is hereby retained to prepare an appraisal report for the above parcel; and, be it further

 

RESOLVED, that the total fee for said appraisal report shall not exceed $1400 and shall be paid from CD18680.54520; and, be it further

 

RESOLVED, that the Town Clerk is hereby directed to send copies of this resolution to the following:

 

Appraiser

            Patricia Parsons 14 Sycamore Drive, East Hampton, NY 11937

 

Tom Ruhle            Director of Housing and Community Development

 

RESOLUTION:              2018-922

CATEGORY:                            Issue Check

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Pay Attorney Registration Fee - Elizabeth L. Baldwin

 

              WHEREAS, Attorneys who wish to practice law in New York State are required to register with the New York Bar; and

 

              WHEREAS, a biennial registration in the amount of $375.00 must be filed within 30 days of the attorney's birthday, in alternating years; and

 

              WHEREAS, an Attorney Registration Fee is required in order for attorneys to duly practice law within the State of New York; and

 

              WHEREAS, the Attorney Registration Fee for Assistant Town Attorney Elizabeth L. Baldwin Has been paid via her personal credit card; now therefore

 

              BE IT RESOLVED, the payment of the biennial registration fee in the amount of $375.00 is to be paid to Elizabeth L. Baldwin; And

 

              BE IT FURTHER RESOLVED, that the Bookkeeping Department is hereby directed to issue a check to Elizabeth L. Baldwin in the amount of $375.00, for biennial registration fee from Budget Line B1420-54200.

 

RESOLUTION:              2018-923

CATEGORY:                            Approvals

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Amend Resolution 2017-465, 2017-1115

 

WHEREAS by Resolution # 2017-465, the Town Board accepted the proposal of Renewable Energy Long Island, Inc. to provide local advocacy, marketing and outreach services to assist the Town in meeting its commitments under the New York State Energy Research and Development Authority (NYSERDA) Long Island Complete Green Homes (LICGH) program, pursuant to RFP EH2017-102; and

 

WHEREAS, by Resolution 2017-1115, the Town Board amended Resolution 2017-465 as to the source of payments for such services, and

 

WHEREAS, the Town Board wishes to amend the provisions related to payment of LICGH futher; now, therefore, be it

 

RESOLVED, that Resolution 2017-465 and Resolution 2017-1115 is hereby amended to provide as follows:  All payments to the Contractor shall hereafter be made to Renewable Energy Long Island, Inc. from budget account A8790 54500 upon properly submitted and approved documentation.

 

RESOLUTION:              2018-924

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Bookkeeping

Budget Modification - Airport

 

Resolved, that at the request of the Airport Manager the Budget Office is directed to make the following modification to the 2018 Airport operating budget to pay for propane for the remainder of the year:

 

From SX5610-51990 (Contingency) $5,000 to SX5610-54330 (Heat)

 

RESOLUTION:              2018-925

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Planning

Budget Modification - Planning Department

 

Resolved, the Town Board directs the Budget office to transfer $5,000.00 From budget line B8021-54520 (Outside Professional) to B8021-54100  (office expense)  at the request of the Planning Director.

 

RESOLUTION:              2018-926

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

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Extend Contract Pio Lombardo

 

WHEREAS, by Resolution 2018-808 the Town Board extended its Agreement with Lombardo Associates to provide for additional services related to the Camp Hero Wastewater Management System, and such resolution contained conflicting figures and erroneously referred to the authorization as Change Order 18,  which was previously authorized, now, therefore, be it

 

RESOLVED, that Resolution 2018-808 is hereby amended to read in its entirety as follows:

 

WHEREAS, pursuant to Resolution No. 2013-318, adopted April 4, 2013, the Town of East Hampton entered into a contract with Lombardo Associates, Inc. for professional services, specifically engineering consulting services, pursuant to a Request For Proposals ("RFP") issued for the preparation of a Town Wide Comprehensive Wastewater Management Plan, Scavenger Waste Management Plan and Water Quality Monitoring Plan Services; and

 

WHEREAS, contractually authorized changes to the scope of services required were prepared resulting in requirements for additional professional services, consisting of (18) prior change orders having been approved by the Town, which have increased the total costs of the Contract to $548,701; and

 

WHEREAS, Change Order #19 has been proposed, to provide additional professional services related to the Camp Hero Wastewater Management System, to provide for inspection services, cleaning of the trap, grass cutting and engineering oversight of O & M activities and diagnostic analysis of operational problems through December 31 of 2018, at an additional cost of $8959.00, as set forth in the Consultant's proposal dated June 6, 2018 as modified and prorated by memo dated 7/3/2018 from Director of Housing; now, therefore, be it

 

RESOLVED that Supervisor is hereby authorized to execute the submitted change order #19 on behalf of the Town of East Hampton, which Change Order will increase the total contract cost by $8959, for a total contract amount of $557,660, such costs to be paid from Budget Account HA8130-52012-15006.

D.              COUNCILMAN BRAGMAN

 

RESOLUTION:              2018-927

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Human Resources

Appoint Part Time Justice Court Clerk-Katelyn Anderson

 

RESOLVED, that Katelyn Anderson be and is hereby appointed part time Justice Court Clerk to the Justice Department at an hourly salary of $20.956 to be paid bi-weekly from budget account A1110-51200, upon proper submission of time records, retroactive to July 30, 2018.

 

RESOLUTION:              2018-928

CATEGORY:                            Budget

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Bookkeeping

Budget Modification - Assessors

 

Whereas, the Assessors Office plans on sending staff to the Govern training convention later in the year and to do so there is a need to move funds within the Assessor's budget to increase the travel and conference line, now therefore be it

 

Resolved, that the Budget Office is directed to make the following modifications to the 2018 Assessor's budget:

 

From A1355-54155 (Software)  $500 to A1355-54200 (Travel/ conferences)

From A1355-54320 (Training)  $2,000 to A1355-54200

From A1355-52200 (Equipment)  $600 to A1355-54200

 

FromA1355-52100 (Furniture) $400 to A1355-54100 (Office expense)

 

RESOLUTION:              2018-929

CATEGORY:                            Budget

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Bookkeeping

Budget Modification - Bottled Water

 

Resolved, that the Budget Office is directed to make the following modification to the 2018 operating budget for the purpose of supplying bottled water to Wainscott residents impacted by well contaminates:

 

From A1990-54980 (Contingency) $3,500 to A1930-54101 (Claims)

 

RESOLUTION:              2018-930

CATEGORY:                            Permits - Gatherings

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Town Clerk

Approval of Various Special Event Permits

 

RESOLVED, that the following gathering permits are hereby approved with the conditions agreed upon by the reviewing committee:

 

Ed Michels                            Fisherman's Fair              Ashwagh Hall, Springs              8/11/18

 

Paul Monte                            Wedding                            Gurney's Inn                                          8/11/18

E.              SUPERVISOR VAN SCOYOC

 

RESOLUTION:              2018-931

CATEGORY:                            Bond

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Clerk

BOND - $115,000 Fire Training Center Roof

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED AUGUST 2, 2018, AUTHORIZING THE REPLACEMENT OF THE ROOF AT THE TOWN’S FIRE TRAINING CENTER, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $115,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $115,000 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 replace the roof at the Town’s Fire Training Center.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $115,000 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 $115,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable.  Debt service on the obligations herein authorized is expected to be paid from the Town’s General Fund - Townwide, as determined by the Town Board. 

Section 2.  Bonds of the Town in the principal amount of not to exceed $115,000 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 exceeds five (5) years; however, the bonds authorized pursuant to this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years after the date of the original issuance of said bonds or notes.

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

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

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

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

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

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

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

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

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

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

 

RESOLUTION:              2018-932

CATEGORY:                            Appointments

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Part Time Animal Control Officer I - Kelly Dimon

 

RESOLVED, that Kelly Dimon be and is hereby appointed part time Animal Control Officer I at the hourly salary of $20.956 to be paid from budget account A3510-51200, upon proper submission of time records, retroactive to July 25, 2018.

 

RESOLUTION:              2018-933

CATEGORY:                            Appointments

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Legislative Secretary-Jennifer Salsedo

 

RESOLVED, that Jennifer Salsedo be and she is hereby appointed to the position of Legislative Secretary to the Town Board at the annual salary of $ 50,000.00 for a 35 hour week from budget account B1010.51100 retroactive to August 1, 2018 and, now, be it further

 

RESOLVED, that the 63 day waiting period for the Health Insurance is hereby waived.

 

RESOLUTION:              2018-934

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Authorize Suspension of Employee

 

WHEREAS, disciplinary charges and specifications were preferred against Town Ordinance Inspector Maximiliano F. Amaya (“Amaya”) on or about July 25, 2018 by Code Compliance and Emergency Preparedness Coordinator David Betts (“Betts”) pursuant to Section 75 of the New York Civil Service Law; now, therefore, be it

RESOLVED, that, pursuant to Section 75[3] of the New York Civil Service Law, Amaya is hereby suspended without pay for thirty (30) days, effective August 3, 2018, pending determination of the disciplinary charges against him; and be it further

RESOLVED, that the Town Clerk is directed to forward a copy of this resolution to Amaya, the President of the CSEA, Town of East Hampton Local Unit, and Personnel Officer Kathleen Rood.

 

RESOLUTION:              2018-935

CATEGORY:                            Conference

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Purchasing

Attend SAMPO (NYS Association of Municipal Purchasing Officials) Conference - September 26-28,2018 Buffalo, NY - Jeanne Carroza

 

WHEREAS, the State Association of Municipal Purchasing Officials are conducting the Annual Western Conference in Buffalo, NY, September 26-28, 2018; and be it further

 

RESOLVED, that Jeanne Carroza, is hereby authorized to attend said conference; and, be it further

 

RESOLVED, that all expenses are to be paid by the Association and no costs are to be incurred by the Town.

Financial Impact:

no costs incurred by the Town - paid by SAMPO

 

 

RESOLUTION:              2018-936

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Supervisor

Authorize Emergency Road Repair - Blue Jay Way

 

WHEREAS, Superintendent of Highways, Stephen Lynch, has inspected the condition of Blue Jay Way in East Hampton, a road not in the highway system, and has found that emergency road repairs are necessary for safety; therefore be it

 

RESOLVED, Highway Superintendent Stephen Lynch be and is hereby approved to make the necessary emergency road repairs to Blue Jay Way.

 

RESOLUTION:              2018-937

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Supervisor

Authorize Regrading of Road B ("Dirt Lot") in Montauk by Hwy. Dept.

 

WHEREAS, the road surface at Road B, also known as "Dirt Lot" in Montauk, is potholed and uneven; and

 

WHEREAS, East Hampton Town Highway Superintendent Stephen Lynch has found the roadway to be in a dangerous condition, impeding access by emergency vehicles and others;

 

RESOLVED that the East Hampton Town Highway Department is authorized to regrade the road surface at Road B, or "Dirt Lot" in Montauk.

 

RESOLUTION:              2018-938

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Tax Receiver

Authorize Payment- 2017 Tax Receiver Invoices

 

WHEREAS it has been ascertained that the invoices for Advanced Imaging and the East Hampton Star from 2017 have not been paid

 

RESOLVED, the Town will pay the outstanding Invoice #170801 in the amount of $5.06, payable from budget account # A1330-54400 and Invoices # 204156 and 204157 in the amounts of $20.66 and $1.00 respectively payable from budget account # A 1330-54110, upon properly submitted voucher, and be it further

 

RESOLVED, that the Town Clerk is hereby requested to forward a copy of the resolution to the apropaite inviduals.

 

RESOLUTION:              2018-939

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Budget Modification - Insurance

 

Whereas, there have been several claims paid out of various general insurance lines for accidents and property damage in 2018, including one accident that resulted in claims totaling about $25,000, and

 

Whereas, the Town added coverage for site pollution after budget adoption for potential fuel and oil  contamination leaks that might occur during the tank replacement process, and

 

Whereas, the Town also added cyber-security coverage after an evaluation in late December and early January, and

 

Whereas, there has been several new pieces of equipment and vehicles purchased as part of the 2018 capital budget adopted in April, now therefore be it

 

Resolved, that the budget office is directed to make the following modification to the Town's 2018 general insurance lines to cover the un-budgeted expenses as well as a slightly higher basic premium that was budgeted for in 2018:

 

From A1420-59060 (Health Insurance) $10,000  to A1910-54150 (General Insurance)

       A8790-59060 (Health Insurance) $20,000

       A8989-59060 (Health Insurance) $20,000

       A8991-59060 (Health Insurance) $20,000

       A1990-54980 (Contingency)       $7,000

 

       B1990-54980 (Contingency)       $35,000  to B1910--54150 (General Insurance)

       B3120-59060 (Health Insurance) $25,000

 

       DB 5110-59060 (Health Insurance) $30,000 to DB5110-54150 (General Insurance)

 

RESOLUTION:              2018-940

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Amend Budget for Marine Patrol Uniforms and Boat Fuel

 

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

 

From:

 

Budget Line:  A3125.54550  General Repairs   in the amount of  $ 1,000.00

Budget Line:  A3125.54562  Motor Fuel - Vehicles   in the amount of  $ 2,000.00

Budget Line:  A3125.54572  Boat Repairs   in the amount of  $ 1,000.00

To:

 

Budget Line:  A3125.54575  Boat Fuel   in the amount of  $ 3,000.00

Budget Line:  A3125.54600  Uniforms   in the amount of  $ 1,000.00

Financial Impact:

Budget Neutral -  transfer within the department budget lines

 

 

RESOLUTION:              2018-941

CATEGORY:                            Fees

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Police Department

Amend Training Request Resolution 2018-573

 

WHEREAS, officer personnel of the East Hampton Town Police Department have been attending important training; now, therefore be it

 

RESOLVED, that Town Board Resolution Resolution 2018-573 is hereby amended to the reflect the rescheduled dates for training for Communications Technician 1 Edward Schnell and Sr. Harbormaster Timothy B. Treadwell to attend NIMS ICS-300 and ICS-400 sponsored by Plum Island Animal Disease Center to be held at Plum Island Animal Disease Center from August 8, 2018 to August 10, 2018 and August 29, 2018 to August 30, 2018; and be it further

 

RESOLVED, that standard travel reimbursements will be paid from Budget Account B3120.54231 upon voucher(s) properly submitted in an amount not to exceed $300.00 and that there are no school/course fees associated

Financial Impact:

$300.00

 

 

RESOLUTION:              2018-942

CATEGORY:                            Bids Accepted

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Purchasing

Accept Bid #EH18-040 - Southern Pine Beetle Tree Cutting Project II -   Remy Tree Inc.

 

WHEREAS, the Town Board solicited a bid for the Southern Pine Beetle Tree Cutting Project II, Bid No. EH18-040; and

 

WHEREAS, the bid of Remy Tree, Inc. in the amount of $40.00 per tree 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, Land Acquisition & Management and Jeanne Carroza, CPPB the Town's Senior 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 Southern Pine Beetle Tree Cutting Project II, and, now therefore be it

 

RESOLVED, that the bid of Remy Tree Inc. in the amount of $40.00 per tree from fund number A8800 54500, is hereby accepted, and the Senior 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:

A8800 54500 - $40.00 per tree

 

 

RESOLUTION:              2018-943

CATEGORY:                            Issue Check

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Police Department

Authorize Payment - Galls Past Due Invoices

 

WHEREAS, it has been ascertained by the Police Department records and verified by the Town Clerk's Office, that past due invoices for uniforms were never paid to Galls; now, therefore be it

 

RESOLVED, the Town will pay the outstanding past due invoices in the amount of $888.14, payable from Budget Account #B3120.54600 upon properly submitted voucher; and, be it further

 

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

Financial Impact:

$888.14

 

 

RESOLUTION:              2018-944

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Implementation & Funding of Program-Aid Eligible Transportation Project - Safe Routes to School

 

Authorizing the implementation, and funding in the first instance 100% of the federal-aid and State "Marchiselli" Program-aid eligible costs, of a transportation federal-aid project, and appropriating funds therefore.

 

 

WHEREAS, a Project for the Safe Routes to School Program, P.I.N. 07620.26 (The "Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 100% Federal funds and 0% non-Federal funds; and

 

WHEREAS, by Resolution 2014-128 the Town of East Hampton authorized the advancement of the Project by making a commitment to advance 100% the Federal share of the costs of preliminary design engineering & survey work for the Project or portions thereof, with the Federal share of such costs to be applied directly by the New York State Department of Transportation (NYS DOT) pursuant to Agreement; and

 

WHEREAS, thereafter, by Resolution 2015-1314, the Town Board authorized Supplemental Agreement No. 1 which included an increase in the funding for the project costs by the NYS DOT in the amount of $41,344.00 to include funding for Professional Engineering/Design Work, including detailed design and preparation of construction bid packages, and

 

WHEREAS, the Town Board, by said Resolution 2015-1314, authorized the Town of East Hampton, as municipal sponsor, to pay in the first instance 100% of the Federal and non-Federal share of costs of eligible work for the Project or portions thereof, to be to be reimbursed, under the terns of the Agreement, in an additional amount of $41,344.00, increasing the total funds authorized on the project to $88,594.00, and such costs have been reimbursed to the Town; and

 

WHEREAS, Supplemental Agreement No. 2 is now proposed, which Supplemental Agreement includes an Amendment to Schedule A of the Agreement, which increases the total project costs due to increased anticipated construction costs, and providing for an increase in the total funds the Town of East Hampton as municipal sponsor, will pay to $99,400.00 to cover such increased costs, and

 

WHEREAS, pursuant to such Agreement, the Town will also be responsible for paying, in the first instance, 100% of the Federal and non-Federal share of costs for construction and related items in the total amount of $397,600.00, subject to reimbursement in accordance with the terms of the Agreement,  therefore, be it

 

RESOLVED, that the Town Board hereby authorizes the Supervisor of the Town of East Hampton to enter into Supplemental Agreement No. 2, authorizing the Town of East Hampton as municipal sponsor of the Safe Routes to School Project, to pay in the first instance 100% of the federal and non-federal share of the cost of eligible work for the Project or portions thereof, to be reimbursed under the terms of the Agreement, in the sum of $397,600.00 and further authorizing the Town's payment of its local share in an amount up $99,400.00 for the construction phase of the project; and it is further

 

RESOLVED, that in accordance with the foregoing, the total sum of $497,000.00 is hereby appropriated towards this project, with the amount of $397,600.00, being paid in the first instance by the Town of East Hampton, as municipal sponsor, for construction and related costs, subject to reimbursement in accordance with the terms of the Agreement, such sums to be paid out of Budget Account HA5110 52002 13032; and it is further

             

RESOLVED, that in the event of full federal and non-federal share costs of the project exceeds the amount appropriated above, the Town Board of the Town of East Hampton shall convene as soon as possible to appropriate funds to said such excess amount immediately upon the notification of the Town Supervisor thereof, and it is further

 

RESOLVED, that the Supervisor of the Town of East Hampton  be and is hereby authorized to execute all necessary certifications or reimbursement requests for Federal Aid on behalf of the Town of East Hampton with New York State Department of Transportation in connection with the advancement of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs, there being no local share of federal-aid and state-aid eligible Project costs under this project;  and it is further

 

RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project and it is further

 

RESOLVED, this Resolution take effect immediately.

 

RESOLUTION:              2018-945

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Agreement with County Expanded In-Home Services for Elderly 2018-2019

 

WHEREAS, the Expanded In-Home Services for the Elderly Program (EISEP) has been designated in the Suffolk County Operating Budget to receive funding; and

 

WHEREAS, the Community Services for the Elderly Program (CSE) has been designated in the Suffolk County Operating Budget to receive funding; and

 

WHEREAS, the County will provide a Expanded in-Home Services for the Elderly Program and Case Management in accordance with regulations adopted by the New York State Office for the Aging (9 NYCRR 6654.17, 6654.16, 6654.15, 6654.6, 66554.19, 2013 NY COMPASS AFM and NYSOFA 12-PI-02 and NYSOFA 13-PI-02, NYSOFA 13 PI-09); and

 

WHEREAS, the Town has been identified in the 2018 Suffolk County Adopted Budget to perform the Services for the Department, to provide housekeeping/chore services to functionally impaired persons aged sixty (60) or over who are not eligible to receive such services under any other governmental program, in order to allow elderly persons to remain safe and independent in their own homes; now therefore be it

 

RESOLVED, that the Town of East Hampton is hereby authorized to enter into an agreement with the Suffolk County Office for the Aging to provide Expanded in-Home Services for the Elderly Program and Case Management, and the Supervisor is authorized to execute all documents required in connection therewith.

 

RESOLUTION:              2018-946

CATEGORY:                            Issue Check

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Village of East Hampton Notice of Claim

 

WHEREAS, the Village of East Hampton has filed a claim alleging damage caused to its 2017 Ford vehicle by a Town of East Hampton owned and operated Caterpillar; and

 

WHEREAS, the Town has investigated the matter, and the parties have discussed a settlement of the pending claim; and

     

NOW, THEREFORE, BE IT RESOLVED, that the Town of East Hampton, hereby agrees to pay the Village of East Hampton, THREE THOUSAND EIGHT HUNDRED THREE DOLLARS and 58/cents ($3,803.58) as submitted by Hampton Auto Collision; and be it further

     

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

 

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

 

RESOLUTION:              2018-947

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Amend Budget for Joint Fuel Facility -Fuel Purchases

 

Resolved, that  due to increased Fuel Consumption at the Joint Fuel Facility the Town Board directs the Budget Office to make the following budget modification:

 

INCREASE:

 

Budget Line:  M 42389 Services Other Gov't. (Village Share)  in the amount of  $ 13,500.00

Budget Line:  M 42770  Miscellaneous Rev (Town Share)  in the amount of  $ 36,500.00

 

 

 

To:

 

Budget Line:  M1989 54562 Fuel Purchases         in the amount of  $ 50,000.00

F.              ADDITIONAL RESOLUTIONS

 

RESOLUTION:              (ID # 20196)

CATEGORY:                            Local Law

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Land Acquisition

Chiles Authorize CPF Project Plan Addition

 

Chiles and Austin Projet Plan Addition Authorizing Resolution

 

              WHEREAS, a public hearing was held by the Town Board of the Town of East Hampton on August 2, 2018 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 Bennie Chiles and Terri Austin, and identified on the Suffolk County Tax Map as 300-59-1-2, all as more fully set forth in the text of the Local Law; and

 

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

 

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

 

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

 

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

 

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

 

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

 

                            LOCAL LAW NO.     OF 2018

                            INTRODUCTORY NO.    OF 2018

 

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 Bennie Chiles and Terri Austin, and identified on the Suffolk County Tax Map as 300-59-1-2 , all as more fully set forth in the text of the Local Law, said Local Law to read as follows:

 

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

 

SECTION I. - FINDINGS AND OBJECTIVES:

 

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

 

              The Town Board would like to amend the plan as most recently adopted on July 7, 2011 to add approximately 1.2 acres of developed land reputedly owned by Bennie Chiles and Terri Austin, located on 36 Gann Rd., Springs, and identified on the Suffolk County Tax Map as 300-59-1-2 for the following reasons:

This parcel is located within the Harbor Protection Overlay District, the Three Mile Harbor Scenic Area of Statewide Significance, and a Critical Natural Resources Area.  It is also in a Stormwater Protection District and in proximity to a Significant Coastal Fish and Wildlife Habitat.

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

 

 

 

SECTION II. - COMMUNITY PRESERVATION PROJECT PLAN ADOPTED:

 

              For the reasons set forth in Section I hereof, the Town Board hereby approves and adopts the addition of approximately 1.2 acres of developed land reputedly owned by Bennie Chiles and Terri Austin, located on 36 Gann Rd., Springs, and identified on the Suffolk County Tax Map as 300-59-1-2 to the list of Open Space Recommendations in the "Community Preservation Project Plan" prepared by the Town Planning Department and dated July 7, 2011, said plan being intended to constitute, in its revised form, the community preservation project plan which is required by Section § 64-e of the New York Town Law and Article I ("Community Preservation Fund") of the East Hampton Town Code.

 

SECTION III. - SEVERABILITY:

 

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

 

SECTION IV. - EFFECTIVE DATE:

 

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

                            _________________________________

 

              AND BE IT FURTHER RESOLVED, that, as required by Town Law Section § 64-e (6), the Town Clerk is directed to forward copies of this resolution together with copies of the revised Community Preservation Project Plan dated August 2, 2018 to the following State agencies:

 

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

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

 

              Commissioner, New York State Department of Environmental Conservation,

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

 

              Commissioner, New York State Department of Agriculture and Markets,

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

 

 

DATED: August 2, 2018                                          BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF EAST HAMPTON, NEW YORK

 

                                                                                    CAROLE BRENNAN, TOWN CLERK

Financial Impact:

No impact for adding property to the CPF Project Plan

 

 

RESOLUTION:              (ID # 20194)

CATEGORY:                            Local Law

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Land Acquisition

Gorgone Authorize CPF Project Plan Addition

 

Gorgone Projet Plan Addition Authorizing Resolution

 

              WHEREAS, a public hearing was held by the Town Board of the Town of East Hampton on August 2, 2018 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 Antoinette Gorgone, and identified on the Suffolk County Tax Map as 300-122-5-5, all as more fully set forth in the text of the Local Law; and

 

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

 

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

 

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

 

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

 

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

 

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

 

                            LOCAL LAW NO.     OF 2018

                            INTRODUCTORY NO.    OF 2018

 

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 Antoinette Gorgone, and identified on the Suffolk County Tax Map as 300-122-5-5, all as more fully set forth in the text of the Local Law, said Local Law to read as follows:

 

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

 

SECTION I. - FINDINGS AND OBJECTIVES:

 

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

 

              The Town Board would like to amend the plan as most recently adopted on July 7, 2011 to add approximately .34 acres of land reputedly owned by Antoinette Gorgone, located on 3 Soak Hides Rd., East Hampton, and identified on the Suffolk County Tax Map as 300-122-5-5 for the following reasons:

This property is in the Town's Water Protection District, and within an area of high density.  The parcel, while not directly contiguous, is in an area at the headwaters of Three Mile Harbor that the Town has successfully acquired other properties for preservation.

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 Antoinette Gorgone, located on 3 Soak Hides Rd., East Hampton, and identified on the Suffolk County Tax Map as 300-122-5-5 to the list of Open Space Recommendations in the "Community Preservation Project Plan" prepared by the Town Planning Department and dated July 7, 2011, said plan being intended to constitute, in its revised form, the community preservation project plan which is required by Section § 64-e of the New York Town Law and Article I ("Community Preservation Fund") of the East Hampton Town Code.

 

SECTION III. - SEVERABILITY:

 

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

 

SECTION IV. - EFFECTIVE DATE:

 

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

                            _________________________________

 

              AND BE IT FURTHER RESOLVED, that, as required by Town Law Section § 64-e (6), the Town Clerk is directed to forward copies of this resolution together with copies of the revised Community Preservation Project Plan dated August 2, 2018 to the following State agencies:

 

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

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

 

              Commissioner, New York State Department of Environmental Conservation,

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

 

              Commissioner, New York State Department of Agriculture and Markets,

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

 

 

DATED: August 2, 2018                                          BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF EAST HAMPTON, NEW YORK

 

                                                                                    CAROLE BRENNAN, TOWN CLERK

Financial Impact:

No impact for adding parcel to the CPF Project Plan

 

 

RESOLUTION:              (ID # 20203)

CATEGORY:                            Acquisitions

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Land Acquisition

Chiles Authorize CPF Acquisition and Amend 2018 M&S Plan

 

Authorize CPF Acquisition and Amend 2018 M&S Plan

 

 

Purported Owner:              Bennie Chiles and Terri Austin

Location:                            36 Gann Rd., Springs

SCTM #:                            300-59-1-2

 

 

 

              WHEREAS, pursuant to § 247 of the General Municipal Law of the State of New York, the Town Board held a public hearing on August 2, 2018 to consider acquisition of approximately 1.2 acres of land located on 36 Gann Rd., Springs which lands are identified on the Suffolk County Tax Map as 300-59-1-2; 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 $2,100,000.00, plus survey, title, prorated tax, and recording charges; and

 

              WHEREAS, the parcel contains a single family dwelling, a shed, a pool and associated structures; and

 

              WHEREAS, the purpose of said acquisition is water quality; and

 

              WHEREAS, in this instance water quality may include injections wells, rain gardens, bioswale, converting the exiting residence into an aquaculture educational center, combining the Town's shellfish hatchery and nursery sites, and therefore, the Board wishes to retain the residence; and

 

              WHEREAS, the residence's use for aquaculture and educational center is a compatible use, however, it is considered a capital improvement and therefore the Town will pay the value of the residence from a fund other than CPF; and

 

              WHEREAS, the appraised value of the residence is $679,490; and

 

              WHEREAS, funding for the residence will come from an appropriate capital expenditure line and/or bonding, and the balance $1,420,510 will come from Community Preservation Water Quality funds; 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 1, 2018 the Town Board adopted the 2018 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 2018 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 Bennie Chiles and Terri Austin, for the purpose of acquiring said property at a cost to the Town of East Hampton not to exceed $2,100,000.00 ($1,420,510 from Community Preservation Water Quality Funds, and $679,490 from Capital Expenditure/Bonding budget line), 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 2018 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 and from a Capital Expenditure/Bonding budget line.

Financial Impact:

$2,100,000.00 ($1,420,510 from Community Preservation Water Quality Funds, and $679,490 from Capital expenditure/Bonding budget line) plus closing costs

 

 

RESOLUTION:              (ID # 20201)

CATEGORY:                            Acquisitions

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Land Acquisition

Gorgone Authorize CPF Acquisition and Amend 2018 M&S Plan

 

Authorize CPF Acquisition and Amend 2018 M&S Plan

 

 

Purported Owner:              Antoinette Gorgone

Location:                            3 Soak Hides Rd., East Hampton

SCTM #:                            300-122-5-5

 

 

 

              WHEREAS, pursuant to § 247 of the General Municipal Law of the State of New York, the Town Board held a public hearing on August 2, 2018 to consider acquisition of approximately .34 acres of land located on 3 Soak Hides Rd., East Hampton which lands are identified on the Suffolk County Tax Map as 300-122-5-5; 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 $235,000.00, plus survey, title, prorated tax, and recording charges; and

 

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

 

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

 

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

 

              WHEREAS, on February 1, 2018 the Town Board adopted the 2018 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 2018 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 Antoinette Gorgone, for the purpose of acquiring said property at a cost to the Town of East Hampton not to exceed $235,000.00, 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 2018 Management and Stewardship Plan is amended to include the above referenced property; and be it further

 

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

 

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

Financial Impact:

$235,000 plus closing costs from CPF budget account

 

 

RESOLUTION:              (ID # 20127)

CATEGORY:                            Easement

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Winski - Accept Grant of Scenic and Conservation Easement

 

              WHEREAS, a public hearing was held by the Town Board of the Town of East Hampton on August 2, 2018, on proposed grant of scenic and conservation easement to the Town pursuant to Section 247 of the General Municipal Law and Chapter 16 of the Town Code; and

 

              WHEREAS, acceptance of the easement as submitted and heard is hereby found to be in the best interest of the Town; now, therefore, be it

 

              RESOLVED, that the Town hereby accepts the easement listed below and authorizes and directs the Supervisor to execute same on behalf of the Town and the Town Clerk is directed to return it to the applicant for recording pursuant to the Zoning Board's Resolution, and record same in the Office of the Suffolk County Clerk.

 

GRANTOR:  Margaret Winski

TYPE OF EASEMENT: Scenic and Conservation Easement

DATE OF EASEMENT: June 15, 2018

LOCATION:              34 Seaview Avenue, Montauk

                            SCTM #300-51-01-6.1

REVIEWING AGENCY:               Zoning Board of Appeals