East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

East Hampton Town Board meeting of May 16, 2019
East Hampton, New York

 

 

I.              Call to Order

6:30 PM Meeting called to order on May 16, 2019 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.              Spencer SPH NPH CPF Project Plan Addition

2.              In the Matter of the Increase and Improvement of Facilities of The
East Hampton Garbage and Refuse District, in the Town of East Hampton,
In the County of Suffolk, New York, Pursuant To
Section 202-B of the Town Law

3.              120 Navy Road LLC - Grant of Scenic and Conservation Easement
Schedule Public Hearing and Notice of Public Hearing

4.              508 West 25Th Street LLC Grant of Scenic and Conservation Easement
Schedule Public Hearing and Notice of Public Hearing

III.              Public Portion

IV.              Resolutions

A.              COUNCILWOMAN BURKE-GONZALEZ

 

RESOLUTION:              2019-658

CATEGORY:                            Warrant Approval

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Town Clerk

Warrant No. 5B - Approval of Claims - $ 1,218,472.64 Utility Warrant 5B - $49,759.97

 

RESOLVED, that Claims on Warrant No. 5B, in the amount of $ 1,218,472.64 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. 5B, in the amount of $ 49,759.97                        were audited by the Town Board and the Supervisor is hereby directed to pay same.

 

RESOLUTION:              2019-659

CATEGORY:                            Public Notice

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Town Clerk

Cancel Town Board Work Session 5/21/2019

 

RESOLVED, that the regularly scheduled Town Board work session for May 21, 2019 is hereby cancelled. 

 

RESOLUTION:              2019-660

CATEGORY:                            Appointments

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Human Resources

Appoint Student Intern II-Alexander Nicholas Sigua Pintado

 

              RESOLVED, that Alexander Nicholas Sigua Pintado be and is hereby appointed Student Intern II to be scheduled for rotations in the Town Board, Human Services, Finance, Town Attorney, and Justice Court departments, at the rate of $15.00 per hour to be paid biweekly from the following, respective budget accounts: A7310-51200, A1315-51200, and A1420-51200 effective June 2, 2019 through August 30, 2019.

 

RESOLUTION:              2019-661

CATEGORY:                            Bids to Notice

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Purchasing

Notice to Bidders - EH19-026 - Miscellaneous Food Items May 2019  Bid Available 5/16/19 - Bid Due 6/6/19

 

WHEREAS, the Town of East Hampton wishes to purchase equipment and/or supplies in excess of $20,000.00; 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 Human Services Department, 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 Senior Purchasing Agent, on Thursday, June 6, 2019 at 3:00 p.m. prevailing time, when they will be publicly opened and read aloud for:

 

                                                           Miscellaneous Food Items May 2019

 

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 May 16, 2019.  These specifications have met with the approval of the Purchasing Department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Miscellaneous Food Items May 2019, Bid No. EH19-026";

 

And, be it further

 

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

 

Bid #                                          Name                                                                      Opening Date

                           

EH19-026                            Miscellaneous Food Items                            June 6, 2019

                                          May 2019

 

and, be it further

 

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

 

RESOLUTION:              2019-663

CATEGORY:                            Approvals

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Natural Resources

Donation of Restrooms for Eco Fair

 

WHEREAS, The Town of East Hampton is holding an Eco Fair event on Saturday, June 1, 2019 on the lawn at Town Hall from 11am to 3pm

 

WHEREAS, Eco Day participant Wastewater Works, Inc. will provide two portable restrooms for use at the event

 

RESOLVED, the Town Board authorizes the acceptance of this donation of portable restrooms for the East Hampton Eco Fair.

 

RESOLUTION:              2019-662

CATEGORY:                            Bids Accepted

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Purchasing

Accept Bid #EH19-012 -  Food Service & Kitchenware Items 2019 -  Mivila Foods of NY, Inc., Interboro Packaging, & Sam Tell and Son Inc.

 

WHEREAS, the Town Board solicited bids for Food Service & Kitchenware Items 2019 - , Bid No. EH19-012; and

 

WHEREAS, the bids of Mivila Foods of NY, Inc., Interboro Packaging and Sam Tell and Son 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 Human Services Department and Jeanne Carroza, CPPB, the Town's Senior Purchasing Agent, and she has recommended the award of the bid to the lowest responsive, responsible bidders; now, therefore, be it

 

RESOLVED, the bid of Mivila Foods of NY, Inc. is hereby accepted for Items: 1,7,8,11,13,17,22,23,24,32,34,41,49,52,56,57,59,61,64-69,72-77,85,91,92,96-98,101,102,104-106,115,119,120,122,127,130,133,144,146,148,151,156,161 and be it further

 

RESOLVED, the bid of Interboro Packaging is hereby accepted for Items: 2,19; and, be it further

 

RESOLVED, the bid of Sam Tell and Son Inc. is hereby accepted for Items: 3-6,12,14,15,20,21,25,26,29,30,31,33,36-40,42-48,50,51,53,54,55,58,60,62,63,71,79-83,86-90,95,103,107,109-114,116,117,118,121,123-126,128,129,134-141,143,145,147,149,150,158,160,162-166; and the Senior Purchasing Agent is hereby authorized to issue purchase orders in accordance with the Town's bid specifications and the bid submissions of the contractors.

 

RESOLUTION:              2019-664

CATEGORY:                            Budget

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Town Clerk

Budget Modifcation- Town Clerk's

 

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

 

From:

 

Budget Line:  A1410.54140 Printing    in the amount of  $ 500.00

 

 

To:

 

Budget Line:  A1410.54300  Telephone   in the amount of  $ 500.00

 

RESOLUTION:              2019-665

CATEGORY:                            Budget

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Bookkeeping

Amend Budget for Gerard Drive Reconstruction

 

Whereas,  The Town has received approval  in  2013 for  FEMA Hurricane Sandy  Funding for the reconstruction of the Gerard Drive in the amount 90% project cost -originally estimated at  $826,749, and due to increasing in material costs, is now estimated to be $1,206,749. The excess project cost is expected to be reimbursed by FEMA, and  the Town is currently waiting on approval from FEMA, Funds will be advanced by  Highway DB Fund Surplus Funds, Transferred to the Capital Fund and in the event the additional funding is not approved by FEMA - this transfer will be the funding source, now therefore be it

 

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

 

INCREASE

 

Budget Line:  DB 41775  Appropriated Unreserved Surplus  in the amount of  $ 80,000.00

 

INCREASE:

 

Budget Line:  HA.5110 52003 12031 Sandy Gerard Drive  in the amount of  $ 80,000.00

 

RESOLUTION:              2019-666

CATEGORY:                            Budget

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Bookkeeping

Amend Budget for PD Headquaters Emergency Buidling Repair

 

Resolved, that  due to an emergency repair needed for Police Headquarters that was not anticipated, the Town Board directs the Budget Office to make the following budget modification:

 

From:

 

Budget Line:  B1990.54980   Contingency  in the amount of  $ 12,000.00

 

 

To:

 

Budget Line:  B3120.54621  Building Repair and Maintenance in the amount of  $ 12,000.00

 

RESOLUTION:              2019-667

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Human Resources

Pay Out Resignation - Michael P. Sendlenski

 

              WHEREAS, in accordance with the Town of East Hampton Department Head Agreement and the policy of the town of East Hampton earned longevity, vacation and sick time is to be paid upon separation from employment, and

 

              WHEREAS, Michael P. Sendlenski has resigned from his full time employment as a the Town Attorney effective May 3, 2019 and audited time records indicate that he has prorated  longevity balance of $666.67, an accrued vacation time balance of 142.083 hours and an accrued sick time balance of 331.63 hours and, now, therefore be it

 

              RESOLVED, that the Finance Office be authorized to cut a check through payroll from the appropriate payroll account for prorated longevity ($666.67), accrued vacation time ($8,333.74) and accrued sick time ($19,451.39) for a gross total of $28,451.80 to Michael P. Sendlenski as a final pay out.

 

RESOLUTION:              2019-668

CATEGORY:                            Budget

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Human Resources

Payout Resignation - Jennifer Salsedo

 

              WHEREAS, in accordance with the CSEA/Town of East Hampton bargaining unit agreement and the Town of East Hampton, earned Vacation and Compensatory time is to be paid upon separation from employment, and

 

              WHEREAS, Jennifer Salsedo resigned from her full time employment as the Legislative Secretary for the Town Board effective April 12, 2019 and audited time records indicate that she has an accrued vacation time balance of 50.455 hours and an accrued compensatory time balance of 18.000 hours, now, therefore be it

 

              RESOLVED, that the Finance Office be authorized to cut a check through payroll from the appropriate payroll account for vacation time ($1,386.13) and compensatory time ($494.51) at the hourly rate of $27.4726 for a gross total of $1,880.64 to Jennifer Salsedo, as a final pay out.

 

RESOLUTION:              2019-669

CATEGORY:                            Approvals

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Town Board

Memorializing Resolution Supporting the Ability of Residents who Qualify as a Safe and Responsible Motorist to Obtain a Driver's License Regardless of Their Immigration Status

 

WHEREAS, according to a 2011 nationwide report by the American Automobile Association Foundation (AAA) for Traffic Safety, unlicensed drivers are five times more likely to be involved in a fatal crash compared to their licensed counterparts; and

 

WHEREAS, undocumented immigrants face many obstacles tied to their immigration status, including the inability to obtain a New York State driver's license; and

 

WHEREAS, to ensure road safety and accountability, New York State's Department of Motor Vehicles (DMV) should provide undocumented immigrants with a driver's licenses regardless of their immigration status provided that they can qualify as a safe and responsible operator of a motor vehicle; and

 

WHEREAS, allowing undocumented immigrants to obtain drivers licenses will improve public safety by ensuring that everyone driving has been properly educated and tested and is operating a registered, inspected, and insured vehicle; and

 

WHEREAS, studies conducted in states which have passed such legislation have shown that traffic related fatalities, hit and run accidents and the percentage of uninsured motorists have all decreased after undocumented immigrants have obtained drivers' licenses; and

 

WHEREAS, according to the Pew Hispanic Center, in 2016, New York State was home to approximately 725,000 undocumented immigrants; and

 

WHEREAS, according to the Fiscal Policy Institute, allowing undocumented immigrants the opportunity to obtain a drivers license could generate up to $57 million in annual State revenue through license and registration fees and may lead to lower auto insurance premiums for all New Yorkers; and

 

WHEREAS, to date, twelve states, Puerto Rico and the District of Columbia, allow undocumented immigrants to obtain drivers licenses, including New Mexico, Utah, Oregon, Nevada, Illinois, Washington, Maryland, Vermont, Colorado, Connecticut, Hawaii, and California; and

 

WHEREAS, many undocumented immigrants need to drive to work, to take their children to school, to travel to medical appointments, or for other important appointments; and

 

WHEREAS, allowing undocumented immigrants to obtain drivers licenses is in the best interest of all New Yorkers because immigrants wanting to drive legally will have to pass written and practical drivers exams, register their vehicles, and obtain automobile insurance; now, therefore, be it,

 

RESOLVED, that the Town Board of the Town of East Hampton declares its support for residents who demonstrate they qualify as a safe and responsible operator of a motor vehicle be able to obtain a New York State driver's license regardless of their immigration status.

 

RESOLUTION:              2019-670

CATEGORY:                            Permits - Gatherings

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Town Board

Approval of Various Special Event Permits

 

RESOLVED, the following special event(s) permits are hereby approved with the conditions agreed upon by the reviewing committee:

 

Kristin Senese, Corey's Wave LLC; Ditch Plains Beach (East Primary Dirt Lot) alternative location Napeague Lane); surf lessons 05/01-10/30/19 6am-6:30pm

 

Jessica Bellofatto, JB Yoga & SUP, Alewive Brook Landing Road, Northwest Creek Boat Dock, Louse Point; Paddleboard lessons, yoga classes, Girls camp; May through September 2019 8am-4pm

 

Jessica Bellofatto, "Full Moon Paddles" Sunday 06/16/19 6pm-9pm, Monday 07/15/19 6pm-9pm, Tuesday 07/16/19 6pm-9pm, Thursday 08/15/19 6pm-9pm and Friday 08/16/19 6pm-9pm

 

Gina Bradley, Paddle Diva, Paddle Boarding Classes, 219 Three Mile Harbor Hog Creek Rd. (Beach adjacent to Shagwong Marina) Memorial Day 5/27/19 until Labor Day 09/02/19 8am-4pm 7 days a week; Labor Day 09/03/19-until Columbus day 10/14/19 10am-3pm weekends only

 

Lars Svanberg, MBX Sports, LLC Main Beach Surf & Sport; Surfing Lessons, Beach Lane, Marine Boulevard, Dolphin Drive, Navahoe Lane;  Monday thru Friday 10am-3pm, 7/01-8/30/19

 

RESOLUTION:              2019-671

CATEGORY:                            Permits - Gatherings

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Town Board

Approval of Various Special Event Permits

 

RESOLVED, the following special event(s) permits are hereby approved with the conditions agreed upon by the reviewing committee:

 

Arthur Bijur, "Wings over Haiti"; Kent Feurring Hangar at East Hampton Airport 200 Daniels Road E. Hampton NY; 6/22/19 5:30pm-9pm

 

Jennifer Fowkes, "3rd Annual Montauk Mile"; (Flamingo Ave/Edgemere St. to S. Erie Ave) 6/09/19 9am-2pm

 

Lauren Maldonado, Montauk Playhouse Community Center Foundation Inc. "Montauk Ocean Swim Challenge"; Ditch Plains Beach; Saturday 7/20/19 5am-10am

 

Sharda Perez, "Wounded Warrior Project Inc."; Ride Starts and Ends at 551 Montauk Highway, Amagansett; Saturday 7/20/19 7am-5pm; set-up and clean-up 7/15-7/22/19

 

RESOLUTION:              2019-672

CATEGORY:                            Budget

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Ordinance

Authorize Payment - United Parcel Service, Inc.

 

WHEREAS, it has been ascertained by the Ordinance Enforcement Department records that an January 2018 Invoice for mailings was never paid to United Parcel Service, Inc. - Atlanta, GA; now therefore be it

 

RESOLVED, the Town will pay the outstanding 2018 invoice in the amount of $6.79, payable from Budget Account #3622.54520 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.

B.              COUNCILMAN LYS

 

RESOLUTION:              2019-673

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Land Acquisition

William Akin SPH NPH CPF Acquisition and Amend 2019 M&S Plan

 

SCHEDULE PUBLIC HEARING - REAL PROPERTY ACQUISITION & AMEND 2019 M&S PLAN

 

Purported Owner:              William Akin

Location:                            33 Farrington Rd., 30 Flanders Rd. & 22 Flanders Rd., Montauk

SCTM #:                            300-19-1-26.6, 24.3 & 24.5 (respectively)

 

              WHEREAS, the Town of East Hampton is considering the purchase of approximately 2.49 acres of land located on 33 Farrington Rd., 30 Flanders Rd. & 22 Flanders Rd., Montauk which lands are identified on the Suffolk County Tax Map as SCTM #300-19-1-26.6, 24.3 & 24.5; and

 

              WHEREAS, the proposed purchase price is $1,180,000.00, plus survey, title, prorated tax, and recording charges; and

 

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

 

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

 

              WHEREAS, on February 21, 2019 the Town Board adopted the 2019 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 2019 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 William Akin                at a cost to the Town of East Hampton not to exceed $1,180,000.00 plus               reasonable survey, title, prorated tax, and               recording charges

 

              B) An amendment to the 2019 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 June 6, 2019 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 May 23, 2019 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 June 6, 2019 at 6:30 p.m. in the Town Board Meeting Room, Town Hall, 159 Pantigo Road, East Hampton, New York, or as soon thereafter as this matter may be heard, to consider the following:

 

              A) The Town's acquisition for open space purposes, with Community Preservation               Funds of a vacant property located at 33 Farrington Rd., 30 Flanders Rd. & 22               Flanders Rd., Montauk, reputedly owned by William Akin, and consisting of               approximately 2.49 acres of land, at a cost to the Town of East Hampton not to               exceed $1,180,000.00 plus reasonable survey, title, prorated tax, and recording               charges, said property being described on the Suffolk County Tax Map as SCTM #              300-19-1-26.6, 24.3 & 24.5

 

 

              B) An amendment to the 2019 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:              May 16, 2019                                         

Financial Impact:

No impact for SPH NPH

 

 

RESOLUTION:              2019-674

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Land Acquisition

Johanna, Susan & Robert Akin SPH NPH CPF Acquisition and Amend 2019 M&S Plan

 

SCHEDULE PUBLIC HEARING - REAL PROPERTY ACQUISITION & AMEND 2019 M&S PLAN

 

Purported Owner:              Johanna Akin, Susan Akin & Robert Akin IV

Location:                            31 Farrington Rd., 26 Flanders Rd. & 34 Flanders Rd., Montauk

SCTM #:                            300-19-1-26.7, 24.2 & 24.4 (Respectively)

 

              WHEREAS, the Town of East Hampton is considering the purchase of approximately 2.1 acres of land located on 31 Farrington Rd., 26 Flanders Rd. & 34 Flanders Rd., Montauk which lands are identified on the Suffolk County Tax Map as SCTM #300-19-1-26.7, 24.2 & 24.4; and

 

              WHEREAS, the proposed purchase price is $1,600,000.00, plus survey, title, prorated tax, and recording charges; and

 

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

 

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

 

              WHEREAS, on February 21, 2019 the Town Board adopted the 2019 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 2019 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 Johanna               Akin, Susan Akin & Robert Akin IV at a cost to the Town of East Hampton not to               exceed $1,600,000.00 plus reasonable survey, title, prorated tax, and               recording charges

 

              B) An amendment to the 2019 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 June 6, 2019 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 May 23, 2019 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 June 6, 2019 at 6:30 p.m. in the Town Board Meeting Room, Town Hall, 159 Pantigo Road, East Hampton, New York, or as soon thereafter as this matter may be heard, to consider the following:

 

              A) The Town's acquisition for open space purposes, with Community Preservation               Funds of a vacant property located at 31 Farrington Rd., 26 Flanders Rd. & 34               Flanders Rd., Montauk, reputedly owned by Johanna Akin, Susan Akin & Robert               Akin IV, and consisting of approximately 2.1 acres of land, at a cost to the Town of               East Hampton not to               exceed $1,600,000.00 plus reasonable survey, title, prorated               tax, and recording charges, said property being described on the Suffolk County               Tax Map as SCTM #              300-19-1-26.7, 24.2 & 24.4

 

 

              B) An amendment to the 2019 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:              May 16, 2019                                         

Financial Impact:

No impact for SPH NPH

 

 

RESOLUTION:              2019-675

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Town Attorney

NOPH - Amend Chapter 255 "Zoning", 255-11-63 Affordable Accessory Apartments" to Amend the Minimum Required Lot Size for Eligibility for a Detached Accessory Apartment from 40,000 Sq. Ft. to 30,000 Sq. Ft.

 

BE IT RESOLVED, that a public hearing is hereby scheduled to be held on a proposed Local Law amending Chapter 255 ("Zoning") of the East Hampton Town Code in order to amend Section 255-11-63 "Affordable accessory apartments", Paragraph B "Site requirements."  sub-paragraph (2) to amend the minimum lot size eligible for a detached accessory apartment from 40,000 sq. ft.  to 30,000 sq. ft.  all as more fully set forth in the text of the Local Law, said hearing to be held at East Hampton Town Hall, 159 Pantigo Road, East Hampton, on Thursday June 6, 2019 at 6:30 p.m. or as soon thereafter as this matter may be heard, said proposed Local Law to read as follows:

 

LOCAL LAW NO.      OF 2019

INTRODUCTORY NO.      OF 2019

 

              A Local Law, providing for the amendment of Chapter 255 ("Zoning") of the East Hampton Town Code in order to amend the minimum lot area to be eligible for a detached accessory apartment under 255-11-63 "Affordable accessory apartments" from 40,000 sq. ft. to 30,000 sq. ft. 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 proposes to reduce the minimum lot size required for a detached affordable accessory apartment from 40,000 sq. ft. to 30,000 sq. ft.

 

The Board notes that since the adoption of the provisions permitting the construction of detached affordable accessory apartments, very few property owners have taken advantage of the opportunity to construct such apartments.  It is hoped that the reduction of the minimum lot size necessary to qualify for such an apartment from 40,000 sq. ft. to 30,000 sq. ft. will result in a greater number of property owners availing themselves of the opportunity to install such an apartment and create greater opportunities for housing within the Town.

 

The amendment is not anticipated to create any extensive construction of detached affordable accessory apartments and the Town's limitation upon the number of units permitted in each school district of 20 per district, and the limit of upon the total number of permitted units for the entire Town remains capped at 100, as set forth in Section 255-11-63 "Affordable accessory apartments" A(8) of the Town Code.

 

 

SECTION II. - TOWN CODE AMENDED:

 

Chapter 255 "Zoning", Section 255-11-63 "Affordable accessory apartments" Paragraph B "Site requirements." sub-paragraph (2) is amended to read as follows:

 

              (2)               No affordable accessory apartment within a residence shall be constructed on               a lot with a total lot area less than 20,000 square feet. No affordable accessory               apartment within a detached structure shall be constructed on a lot with a total lot

              area less than 30,000 square feet.

 

 

SECTION III. - 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 the following Notice of Public Hearing in the May 23rd edition of the East Hampton Star.

 

 

NOTICE OF PUBLIC HEARING

 

NOTICE IS HEREBY GIVEN that the Town Board of the Town of East Hampton will hold a public hearing at Town Hall, 159 Pantigo Road, East Hampton, New York, on Thursday, June 6, 2019, at 6:30 p.m., or as soon thereafter as this matter may be heard, to consider comments of all persons regarding a proposed Local Law amending 255 ("Zoning") of the East Hampton Town Code, as follows.

 

A proposed amendment of Chapter 255 ("Zoning")  of the East Hampton Town Code,  Section 255-11-63 "Affordable accessory apartments" Paragraph B "Site requirements." sub-paragraph (2) to read as follows:

 

              (2)               No affordable accessory apartment within a residence shall be constructed on               a lot with a total lot area less than 20,000 square feet. No affordable accessory               apartment within a detached structure shall be constructed on a lot with a total lot               area less than 30,000 square feet.

 

Any person wishing to comment upon the proposed amendment may do so, in person or by agent at the time of hearing, or in writing received by the Town Clerk on or before the date and time set forth for the public hearing.

 

             

DATED: May 16, 2019                            BY ORDER OF THE TOWN BOARD

                                                                      TOWN OF EAST HAMPTON, NEW YORK

                                                                      CAROLE BRENNAN

                                                                      TOWN CLERK

 

RESOLUTION:              2019-676

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Land Acquisition

Gerner SPH NPH CPF Acquisition and Amend 2019 M&S Plan

 

SCHEDULE PUBLIC HEARING - REAL PROPERTY ACQUISITION & AMEND 2019 M&S PLAN

 

Purported Owner:              Robert Gerner and Stephen Gerner

Location:                            8 Reuter Pl., Montauk

SCTM #:                            300-31-3-10

 

              WHEREAS, the Town of East Hampton is considering the purchase of approximately .17 acres of land located on 8 Reuter Pl., Montauk which lands are identified on the Suffolk County Tax Map as SCTM #300-31-3-10; and

 

              WHEREAS, the proposed purchase price is $250,000.00, plus survey, title, prorated tax, and recording charges; and

 

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

 

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

 

              WHEREAS, on February 21, 2019 the Town Board adopted the 2019 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 2019 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 Robert               Gerner and Stephen Gerner at a cost to the Town of East Hampton not to exceed               $250,000.00 plus reasonable survey, title, prorated tax, and recording charges

 

              B) An amendment to the 2019 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 June 6, 2019 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 May 23, 2019 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 June 6, 2019 at 6:30 p.m. in the Town Board Meeting Room, Town Hall, 159 Pantigo Road, East Hampton, New York, or as soon thereafter as this matter may be heard, to consider the following:

 

              A) The Town's acquisition for open space purposes, with Community Preservation               Funds of a vacant property located at 8 Reuter Pl., Montauk, reputedly owned by               Robert Gerner and Stephen Gerner, and consisting of approximately .17 acres of               land, at a cost to the Town of East Hampton not to exceed $250,000.00 plus               reasonable survey, title, prorated tax, and recording charges, said property being               described on the Suffolk County Tax Map as SCTM #300-31-3-10

 

 

              B) An amendment to the 2019 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:              May 16, 2019                                         

Financial Impact:

No impact for SPH NPH

 

 

RESOLUTION:              2019-677

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Land Acquisition

Spencer SPH NPH CPF Acquisition and Amend 2019 M&S Plan

 

SCHEDULE PUBLIC HEARING - REAL PROPERTY ACQUISITION & AMEND 2019 M&S PLAN

 

Purported Owner:              Dao Spencer

Location:                            87 Isle of Wight Rd., Springs

SCTM #:                            300-23-2-26.1

 

              WHEREAS, the Town of East Hampton is considering the purchase of approximately .58 acres of land located on 87 Isle of Wight Rd., Springs which lands are identified on the Suffolk County Tax Map as SCTM #300-23-2-26.1; and

 

              WHEREAS, the proposed purchase price is $650,000.00, plus survey, title, prorated tax, and recording charges; and

 

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

 

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

 

              WHEREAS, on February 21, 2019 the Town Board adopted the 2019 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 2019 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 Dao               Spencer  at a cost to the Town of East Hampton not to exceed $650,000.00 plus               reasonable survey, title, prorated tax, and               recording charges

 

              B) An amendment to the 2019 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 June 6, 2019 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 May 23, 2019 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 June 6, 2019 at 6:30 p.m. in the Town Board Meeting Room, Town Hall, 159 Pantigo Road, East Hampton, New York, or as soon thereafter as this matter may be heard, to consider the following:

 

              A) The Town's acquisition for open space purposes, with Community Preservation               Funds of a vacant property located at 87 Isle of Wight Rd., Springs, reputedly               owned by Dao Spencer, and consisting of approximately .58 acres of land, at               a cost               to the               Town of East Hampton not to exceed $650,000.00 plus reasonable survey,               title, prorated tax, and recording charges, said property being described on the               Suffolk County Tax Map as SCTM #300-23-2-26.1

 

 

              B) An amendment to the 2019 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:              May 16, 2019                                         

Financial Impact:

No impact for SPH NPH

 

 

RESOLUTION:              2019-678

CATEGORY:                            Appointments

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Human Resources

Appoint Seasonal Laborer in the Parks Department - Raul Cabrera

 

              RESOLVED, Raul Cabrera be and is hereby appointed to Seasonal Laborer in the Parks and Recreation Department at an hourly rate of $14.755, from budget account A7110-51200, upon proper submission of time records, effective May 20, 2019.

 

RESOLUTION:              2019-679

CATEGORY:                            Appointments

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Human Resources

Appoint Seasonal Lifeguards - May/June 2019

 

              RESOLVED, that the following employees be and are hereby appointed seasonal lifeguards in the Parks & Recreation Department at the titles and salaries listed below to be paid bi-weekly from budget account A7180-51200, upon proper submission of time records, effective May 20, 2019 through September 14, 2019:

 

Holly Hansen                                          Senior Ocean Lifeguard                            $15.50

Anthony McGorisk                            Senior Ocean Lifeguard                            $17.50

 

              RESOLVED, that the following employees be and are hereby appointed seasonal lifeguards in the Parks & Recreation Department at the titles and salaries listed below to be paid bi-weekly from budget account A7180-51200, upon proper submission of time records, effective June 1, 2019 through September 14, 2019:

 

Carlos Schiappacasse                            Advanced Ocean Lifeguard                            $15.00

 

RESOLUTION:              2019-680

CATEGORY:                            Appointments

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Human Resources

Appoint Seasonal Laborers in the Parks Department

 

              RESOLVED, the following be and are hereby appointed to seasonal laborers in the Parks department, with no change in salary ($14.755 per hour), to be paid by the from the budget accounts at the start dates listed below:

 

Anthony Ricci    A7110.51200                            May 13, 2019

Matthew Smith  A7110.51200                            May 20, 2019

Eloy Pazmino     A7110.51200                                 May 13, 2019

Daniel Modek     A7110.51200                                  May 13, 2019

 

RESOLUTION:              2019-681

CATEGORY:                            Appointments

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Human Resources

Appoint Automotive Mechanic I - Craig Dixon

 

              WHEREAS, in accordance with the CSEA contract this position has been posted, number 2019-14, from April 17, 2019 through April 30, 2019 and Craig Dixon has the required qualifications for the position, now therefore be it

             

              RESOLVED, that Craig Dixon be and is hereby appointed as a full time Automotive Mechanic I in the Department of Parks, Building and Grounds at the hourly rate of $19.136, $39,802.88 annually (Grade 14 - Starting Step) for a 40 hour work week, to be paid bi-weekly from Budget Account #A1620.51100, upon properly submitted time records, effective May 28, 2019.

 

RESOLUTION:              2019-682

CATEGORY:                            Amendment

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Human Resources

Amend Title and Salary for Lifeguards

 

              WHEREAS, Resolution 2019-609 incorrectly listed the title and salaries for Joseph Genarelly, Sean Knight and Teresa Schirrippa, therefore be it

 

              RESOLVED, that Joseph Genarelly, Sean Knight and Teresa Schirrippa be paid at the listed title and rates, with no change to budget account, effective retroactive to May 5, 2019:

 

Joseph Genarelly                            Senior Ocean Lifeguard                            $15.50 per hour

Sean Knight                                          Senior Ocean Lifeguard                            $15.50 per hour

Teresa Schirrippa                            Senior Ocean Lifeguard                            $15.50 per hour

 

RESOLUTION:              2019-683

CATEGORY:                            Appointments

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Human Resources

Status Change for Marine Patrol Officers

 

              WHEREAS, on Resolution 2019-25 the following employees were appointed to part time and call-in positions, therefore be it

 

              RESOLVED, that the following employees are hereby appointed to full time seasonal positions, with no change in hourly salary, to be paid from budget account A3125.51200, effective May 15, 2019 through September 15, 2019:

 

Melanie L. Anderson                                          Harbor Master

John Lester Behan, Jr.                            Harbor Master

Anton Dreher                                                        Harbor Master

James Jahoda                                                        Harbor Master

John Gregory Jordan                                          Harbor Master

Charles Kamensky                                          Harbor Master

Thomas Lambert                                          Harbor Master

Christopher Pennisi                                          Harbor Master

James M. Pincott                                          Harbor Master

John Lascari                                                        Harbor Master

Mitchell Savino                                          Harbor Master

Richard Vish                                                        Harbor Master

Matthew Zukosky                                          Harbor Master

 

RESOLUTION:              2019-684

CATEGORY:                            Amendment

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Human Resources

Status Change for Seasonal Parks & Recreation Employees

 

              WHEREAS, on Resolution 2019-12 and 2019-283 the following employees were appointed to part time positions, and, now,  therefore be it

 

              RESOLVED, that the following employees are hereby appointed to seasonal positions, with no change in hourly salary, to be paid from budget account A7020-51200, effective May 19, 2019:

 

Bacon, Sharon                            Assistant Recreation Aide

 

Lewis, Kawana                            Assistant Recreation Leader

Lightcap, Terence                            Assistant Recreation Leader

 

Aranzazu, Jorge                            Recreation Aide

Bennett, Mackenzie                            Recreation Aide

Bono, Kylie                                          Recreation Aide

Cooke, Ian                                          Recreation Aide

Edwards, Marcus                            Recreation Aide

Gutierrez, Nicole                            Recreation Aide

Jones, Shaca                                          Recreation Aide

Nguyen, Tri                                          Recreation Aide

Walsh, Carla                                          Recreation Aide

Walter, Luke                                          Recreation Aide

 

White, Daniel                                          Recreation Specialist

Wood, James                                          Recreation Specialist

 

RESOLUTION:              2019-685

CATEGORY:                            Budget

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Aquaculture

Oyster Gardening Refund

 

Whereas the Aquaculture department runs an oyster gardening program for the public that requires a fee; and

 

whereas one of the members in 2019 must drop out of the program for personal reasons after paying the fee for the year;

 

therefore be it resolved that the Finance Office provide a refund in the amount of $250 to Robert Tymann out of budget line AO-42658 "Oyster Farming Registration".

 

RESOLUTION:              2019-686

CATEGORY:                            Budget

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Bookkeeping

Appropriation of Aquaculture Reserve

 

Resolved, at the request of the Aquaculture Department Head the Budget Office is directed to appropriate $3,600 from the Aquaculture/Hatchery Donation reserve and add $3,600 to expense line A8740-52600 to purchase equipment for the Oyster Farming Program.

 

RESOLUTION:              2019-687

CATEGORY:                            Approvals

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Land Acquisition

Authorize Town Staff to Perform Trail Maintenance on County Parkland

 

WHEREAS, the Land Acquisition & Management Department maintains miles of trails on Town properties which includes mowing, trimming and fallen or hazardous tree removal; and

 

              WHEREAS, some of these Town trail systems that cross onto adjacent County parkland are not maintained on a regular basis; and

 

              WHEREAS, minimal Town staff time would be required to additionally maintain these adjacent portions of trail; and

 

              WHEREAS, the County Department of Parks, Recreation and Conservation has permitted the Town's Department of Land Acquisition & Management to inspect and maintain trails as necessary on the following County-owned parcels: SCTM# 300-155-1-16.1 & 18, 300-180-1-8.3, 300-181-1-1.1 & 6.1, 300-125-2-2.2, 300-66-1-1.1, 300-44-1-9.2, 300-48-3-8.7, 300-12-2-2.19; now, therefore be it

 

              RESOLVED, the Town Board authorizes department staff to perform trail maintenance on the above referenced properties in accordance with County of Suffolk permissions; and, be it further

 

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

Financial Impact:

None

 

 

RESOLUTION:              2019-688

CATEGORY:                            Approvals

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Land Acquisition

Approve Relocation of Trail/Bridge - Shadmoor

 

WHEREAS, the Land Acquisition & Management Department has proposed a relocation of a section of eroded access trail near Surfside Ave. in Shadmoor State Park Preserve (co-owned by the Town of East Hampton and the State of New York (Suffolk County Tax Map #300-53-1-6.2), which consists of approximately 50 feet in length; and

 

              WHEREAS, New York State Parks Manager Thomas Dess met Town staff onsite and agreed that the proposed trail reroute will guide trail users off of the formerly bridged section of trail that is no longer safe and usable; and

 

              WHEREAS, the trail may be rerouted approximately 30 feet to the north on the same property; and

 

              WHEREAS, the proposed trail/bridge reroute will be installed and maintained by the Land Acquisition and Management Department and additional boardwalk sections over wet spots may be added as necessary; now, therefore be it

 

              RESOLVED, the Town Board accepts the recommendation of the Land Acquisition and Management Department and hereby approves relocation of the trail section, as referenced above; and, be it further

 

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

 

RESOLUTION:              2019-689

CATEGORY:                            Bids Accepted

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Purchasing

Accept Bid - EH19-014 - Mobile Food Concessions for Select Beaches 2019 - Kirk Park -  Victoria Hoffman/DBA Savory Eats

 

WHEREAS, the Town Board did solicit bids for Mobile Food Concessions for Select Beaches 2019 - EH19-014; and

 

WHEREAS, the bid of Victoria Hoffman DBA Savory Eats was the highest qualified bid received for said work meeting the bid specifications and being in proper form; and

 

WHEREAS, the Town Clerk and Jeanne Carroza, CPPB, the Senior Purchasing Agent, have reviewed the bids submitted and recommend the award of the contract to the highest responsive, responsible bidder; now, therefore, be it

 

RESOLVED, that the bid of Victoria Hoffman DBA Savory Eats for Kirk Park Beach Concession is hereby accepted, and the Supervisor is hereby authorized to enter into a contract with said contractor for the service in accordance with the Town's bid specifications and the bid submission of the contractor.

Financial Impact:

Victoria Hoffman DBA  Savory Eats- 3 year total - $39,003.00 - 1st year due - $13,001.00 - Kirk Park

 

 

RESOLUTION:              2019-690

CATEGORY:                            Bids Accepted

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Purchasing

Accept Bid #EH19-015 Annual Contract Cesspool Cleaning  And Tank Pumping 2019 - Hamptons Septic Services, Inc.

 

WHEREAS, the Town Board solicited bids for the Annual Contract for Cesspool Cleaning & Tank Pumping 2019, Bid No. EH19-015; and

 

WHEREAS, the bid of Hamptons Septic Services, Inc. was the lowest bid 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 bid of Hamptons Septic Services, Inc., is hereby accepted, and the Purchasing Agent is hereby authorized to issue purchase orders in accordance with the Town's bid specifications and the bid submission of the contractor.

Financial Impact:

.16 cents per gallon pumped

$75.00 roto-rooting

 

 

RESOLUTION:              2019-691

CATEGORY:                            Bids Accepted

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Purchasing

Accept Bid #EH19-019 - Southern Pine Beetle Restoration - Coastal Arbor Care

 

WHEREAS, the Town Board solicited a bid for the Southern Pine Beetle Restoration Project, Bid No. EH19-019; and

 

WHEREAS, the bid of Coastal Arbor Care in the amount of $18,000.00 was the lowest bid received meeting the bid specifications and being in proper form; and

 

WHEREAS, the bids submitted have been reviewed by Scott Wilson, 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 Restoration Project, and, now therefore be it

 

RESOLVED, that the bid of Coastal Arbor Care in the amount of $18,000.00 from fund number  CA8801.54500, 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:

Fund Line CA8801.54500

 

 

RESOLUTION:              2019-692

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Land Acquisition

Asbestos Professional Services for the Boys Harbor Property

 

              WHEREAS, the Town has acquired property located at 180 Springy Banks Rd., East Hampton; and

 

              WHEREAS, the property contains structures that the Town wishes to demolish to bring the property back to a natural state with CPF funding; and

 

              WHEREAS, these structures may or may not contain asbestos, and as part of our process, and in an effort to provide accurate information to bidders for demolition, we would like to hire a company to do an asbestos survey; and

 

              WHEREAS, we have received a bid for this work from a specialized environmental consulting company, Silver Wolf Environmental, Inc. who can perform this function; and

 

              WHEREAS, Silver Wolf Environmental Inc. has been chosen to render professional services at the following rates as per a bid letter dated 09/12/18:

 

NYS DOL Asbestos Inspector                                                                                    $ 750.00

PLM Sample Analysis                                                        3 @ $ 25.00/ea.              $   75.00

PLM NOB Sample Analysis (48 hr. TAT)                                       6 @ $ 40.00/ea.              $ 240.00

TEM NOB Sample Analysis (48 hr. TAT)                                      6 @ $ 75.00/ea.              $ 450.00

 

Total Estimate:                                                                                                           $ 1,515.00

 

              NOW THEREFORE BE IT RESOLVED, that Silver Wolf Environmental Inc. will be hired to perform any necessary Asbestos testing at the above rates, and all fees may not exceed $1,900 (as this is an estimate, and the contractor may take more or less samples for analysis to be determined as necessary on site) for calendar year 2019 without Town Board approval and passage of a new resolution to this affect; and be it further

 

              RESOLVED, fees to be paid from Budget Account #CA 8801.54500 (Community Preservation Fund/Subcontract Costs)

Financial Impact:

Up to $1,900.00 from CA 8801 54500 Sub Contract line

 

C.              COUNCILWOMAN OVERBY

 

RESOLUTION:              2019-693

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

NOPH - Amend UR Map URP 16 in EH-17

 

              WHEREAS, an application has been received for modification to the Town's Urban Renewal Plan; and

 

              WHEREAS, the proposed modification to UR Map EH-17, URP #16 to divide the same into four (4) conforming lots; and

 

              WHEREAS, the proposed modification has been reviewed by the Town Engineer, and the Planning Board has approved such modification subject to the approval of the Town Board in its Determination dated October 25, 2017, filed October 26th, 2017; and

 

              WHEREAS, the Town Board is charged under the Town Code with responsibility for amending the Urban Renewal Map with consideration to the comments of the Town Engineer and Planning Board and

 

              WHEREAS, the Planning Department has prepared an Environmental Assessment Form (EAF) on behalf of the Planning Board with regard to the proposed subdivision under the provisions of the State Environmental Quality Review Act (SEQRA) and Chapter 128 (Environmental Review) of the Town Code, and a negative declaration was made with regard to the impact of the proposed subdivision on July 13, 2016; now, therefore, be it

 

              RESOLVED, that the Town Board hereby concurs with the SEQRA declaration of the Planning Board and finds that the proposed modification will not result in any significant adverse environmental impacts, and the Negative Declaration is hereby adopted by the Town Board with regard to the proposed lot line modification; and be it further

 

              RESOLVED, that the Town Board will hold a public hearing on June 6, 2019 at 6:30 p.m., or as soon thereafter as this matter may be heard, to consider the following modifications:

 

              URBAN RENEWAL MAP NUMBER

              FROM:

 

              URP 16 in EH-17                                                        Map #501                                                                                                                                                          Montauk Villa Park

                                                                                                  Lots 1-61,

                                                                                                  0300-167-4-1                                         

              TO:

 

              URP# 16A                                                                      Lots 1-12, 60 & 61

              URP# 16B                                                                       0Lots 13-19, p/o 20, p/o 52, 53-5

              URP# 16C                                                                      Lots p/o 20, 21-27, p/o 28, p/o 44,

                                                                                              45-51, p/o 52

              URP# 16D                                                                       Lots p/o 28, 29-43, p/o 44

                                         

 

                           

As shown on the sketch entitled "Proposed Old Filed map Study MAP 501 SCTM #300-162.000-0004-001.000 Montauk Villa Park EH-17" dated April 16, 2019.

 

Except as amended above, the requirements of UR Map EH-8 shall remain in full force and effect.  

 

RESOLUTION:              2019-694

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Estate of Andrew Garber - Grant of Large Lot 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, June 6, 2019 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 large lot scenic easement to the Town of East Hampton:

 

GRANTOR: Estate of Andrew Garber, Leonard J. Witman, Ancillary Administrator

TYPE OF EASEMENT: Large Lot Scenic Easement

DATE OF EASEMENT:  March 19, 2019

LOCATION:              469 Springs Fireplace Road, East Hampton

                            SCTM #300-93-4-36.6

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 May 23, 2019 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, June 6, 2019 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: Estate of Andrew Garber, Leonard J. Witman, Ancillary Administrator

TYPE OF EASEMENT: Large Lot Scenic Easement

DATE OF EASEMENT:  March 19, 2019

LOCATION:              469 Springs Fireplace Road, East Hampton

                            SCTM #300-93-4-36.6

REVIEWING AGENCY:               Planning Board

 

RESOLUTION:              2019-695

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Maura Dausey -  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, June 6, 2019 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: Maura Dausey

TYPE OF EASEMENT: Scenic and Conservation                                         

DATE OF EASEMENT: April 3, 2019

LOCATION:              76 Oyster Shores Road

                            SCTM #300-92-6-7

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 May 23, 2019 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, June 6, 2019 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: Maura Dausey

TYPE OF EASEMENT: Scenic and Conservation                                         

DATE OF EASEMENT: April 3, 2019

LOCATION:              76 Oyster Shores Road

                            SCTM #300-92-6-7

REVIEWING AGENCY:               Zoning Board of Appeals

 

RESOLUTION:              2019-696

CATEGORY:                            Appointments

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Human Resources

Appoint Seasonal Traffic Control Officers

 

              RESOLVED, that the following individuals be and are hereby appointed to the seasonal positions and hourly rates listed below to be paid bi-weekly from budget account B1320.51200, upon receipt of properly submitted time records; effective to May 24, 2019 through September 14, 2019:

 

Ryan T. Bono                                          Senior Traffic Control Officer                            $18.25             

 

Kimberly Bautista                            Traffic Control Officer                            $14.75

William Field                                          Traffic Control Officer                            $14.75

Austin Rodrigo Guanga              Traffic Control Officer                            $14.25

Kathya Guerrero                            Traffic Control Officer                            $14.75

Haley Hernandez                            Traffic Control Officer                            $14.75

Milton A. Luzano                            Traffic Control Officer                            $14.25

Noely Martinez                            Traffic Control Officer                            $14.75

James A. McGuire                            Traffic Control Officer                            $14.25

 

              RESOLVED, one-half the total number of Traffic Control Officers hired will be permitted to work until November 1, 2019, as per Suffolk County Department of Civil Service regulations.

 

RESOLUTION:              2019-697

CATEGORY:                            Appointments

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Human Resources

Appoint Temporary Office Assistant - Julie Krudop

 

              RESOLVED, that Julie Krudop be and is hereby appointed to the position of Temporary Office Assistant in the Finance Department at an hourly rate of $18.751, to be paid bi-weekly from budget account A1315.51200, upon proper submission of time records, effective  May 20, 2019.

 

RESOLUTION:              2019-698

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Planning

Budget Modification - Planning Department

 

Resolved, the Town Board directs the Budget office to transfer $250.00 From budget line B8021-54140 (Printing) to B8021-54300  (Telephone) and $250.00 from budget B8021-54200 (Travel Conferences & Dues) to B8021-54300 (Telephone) at the request of the Planning Director.

 

RESOLUTION:              2019-699

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

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Retain Michael Baker International - Construction Phase Services - East Hampton Airport Crack Sealing & Marking

 

WHEREAS, the Town Board solicited bids for the East Hampton Airport Crack Sealing and Marking project, Bid No. EH19-009; and

 

WHEREAS, the bid of Axtell's Inc., was the lowest bid received meeting the bid specifications for the East Hampton Airport Crack Sealing and Marking project and being in proper form, and the Town awarded the work to Axtell's Inc. by Resolution 2019-502; and

 

WHEREAS, the Town requires professional services to oversee the work and Michael Baker  International (Michael Baker) submitted a proposal dated March 8, 2019 to provide professional Construction Phase Services to the Town at a cost not to exceed $30,951.00; now, therefore, be it

 

RESOLVED, the proposal of Michael Baker, to perform Construction Phase Engineering Services for the airport crack sealing and marking project, as set forth in their proposal dated March 8, 2019, at a cost to the Town not to exceed $30,951.00, therefore be it

 

RESOLVED, that the Supervisor is hereby authorized to enter into an agreement with Michael Baker for the services approved herein; and be it further

 

RESOLVED, that payment for such services shall be made to Michael Baker from budget account SX5610.54550.

 

RESOLUTION:              2019-700

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Housing

Authorize 2018 Payment Camp Hero Sewer District

 

WHEREAS, it has been determined by the Office of Housing and Community Development that two quarterly payments from 2018 of $500 each quarter are due to Clear River Environmental Corporation  for Operation and Maintenance Service for the Camp Hero Wastewater System  per resolution 2018-033 and Bid#EH18-033 now, therefore be it

 

RESOLVED, the Town will pay the two outstanding 2018 quarterly invoices invoice in the total amount of $1000, payable from Budget Account #SS1-8130-54550 upon properly submitted vouchers, and, be it further

 

RESOLVED, that the Town Clerk is hereby requested to forward a copy of this resolution to the Tom Ruhle, Director of Housing and Jeanne Carroza.

 

RESOLUTION:              2019-701

CATEGORY:                            Issue Check

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Pay NYMIR Deductible - Grant

 

WHEREAS, Annette Grant has filed a claim regarding damage to her vehicle; and

 

WHEREAS, the Town's claims adjuster has investigated the matter, and the parties have discussed a settlement of the pending claim and have come to an agreement with regard to  same including a general release of the Town from claimant; and

 

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

 

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

 

NOW, THEREFORE, BE IT RESOLVED, that the Town of East Hampton, hereby agrees to pay NYMIR in the amount of TWO THOUSAND FOUR HUNDRED THIRTY-SIX DOLLARS and 46/100 ($2,436.46); and be it further

 

RESOLVED, that the Town's payment shall be paid from budget account CA8801-54500; and be it further

 

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

 

RESOLUTION:              2019-702

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Human Resources

Payout Resignation - Laura Squires

 

              WHEREAS, in accordance with the CSEA/Town of East Hampton bargaining unit agreement and the Town of East Hampton, prorated longevity, earned vacation and compensatory time is to be paid upon separation from employment, and

 

              WHEREAS, Laura Squires resigned from her full time employment as an Accountant with the Finance Department effective May 2, 2019 and audited time records indicate that she has a prorated longevity amount of $566.67, an accrued vacation time balance of 184.500 hours and an accrued compensatory time balance of 19.895 hours, now, therefore be it

 

              RESOLVED, that the Finance Office be authorized to cut a check through payroll from the appropriate payroll account for prorated longevity ($533.67), accrued vacation time ($5,942.75) and compensatory time ($640.82) at the hourly rate of $32.210 for a gross total of $7,150.23 to Laura Squires, as a final pay out.

 

RESOLUTION:              2019-703

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Human Resources

Pay Out Resignation - Nathan Osborn

 

              WHEREAS, in accordance with the East Hampton Town Police PBA Contract and the policy of the Town of East Hampton earned vacation, sick, personal, holiday and night differential time is to be paid upon resignation from employment, and

 

              WHEREAS, Nathan Osborn resigned his full time employment as a Police Officer effective April 19, 2019 and audited time records indicate that he has an accrued vacation time balance of 4.25 days, sick time balance of 40.80 days, personal time balance of 1.00 day, holiday balance of 5 days, worked holiday balance of 1 day at half pay and a night differential balance of 109 days, and, now, therefore be it

 

              RESOLVED, that the Finance Office be authorized to cut a check through payroll from the appropriate payroll account for vacation time ($2,104.39), sick time ($20,202.18), personal time ($495.15), holiday time ($2,475.76), worked holiday time ($247.58) and night differential time ($1,971.58) for a gross total of $26,830.34 to Nathan Osborn as a final pay out.

 

RESOLUTION:              2019-704

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Housing

Budget Transfer Camp Hero Sewer District

 

Whereas, the Camp Hero Sewer District experienced the failure of one of the two lower pump station pumps that resulted in the repairs in the amount of $10,228.80 and

 

Whereas there are not currently funds allocated for this large an expense though there are sufficient funds in the reserve account for Camp Hero, now therefore be it

 

 

Resolved, that the attached Budget increase is hereby adopted;

 

 

                      SS1-0000-41775 - Appropriation of Reserves                            $10,228

 

              SS8130-54550-              Repairs                                                         $10,228

 

RESOLUTION:              2019-705

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Purchasing

Joint Municipal Bidding - Eastern Suffolk Boces

 

WHEREAS, various educational and municipal corporations located within the State of New York desire to bid jointly for generally needed services and standardized supply and equipment items; and

 

WHEREAS, the Town of East Hampton, a municipal corporation (hereinafter the "Participant"), is desirous of selectively participating with other educational and/or municipal corporations in the State of New York in joint bidding in the areas mentioned above pursuant to General Municipal Law Section 119-o and Education Law Section 1950; and

 

WHEREAS, the Participant is a municipality within the meaning of General Municipal Law Section 119-n and is eligible to participate in the Board of Cooperative Educational Services, First Supervisory District of Suffolk County (hereinafter Eastern Suffolk BOCES) Joint Municipal Cooperative Bidding Program (hereinafter the "Program") in the areas mentioned above; and

 

WHEREAS, the Participant acknowledges receipt of the Program description inclusive of Eastern Suffolk BOCES standard bid packet and the general conditions relating to said Program; and

             

WHEREAS, with respect to all activities conducted by the Program, the Participant wishes to delegate to Eastern Suffolk BOCES the responsibility for drafting of bid specifications, advertising for bids, accepting and opening bids, tabulating bids, awarding the bids, and reporting the results to the Participant; now, therefore be it

             

RESOLVED that the Participant hereby appoints Eastern Suffolk BOCES to represent it and to act as the lead agent in all matters related to the Program as described above; and be it further

 

RESOLVED that the Participant hereby authorizes Eastern Suffolk BOCES to place all legal advertisements for any required cooperative bidding in Newsday, which is designated as the official newspaper for the Program; and be it further

 

RESOLVED that a Participant Meeting shall be held annually consisting of a representative from each Program Participant.  Notice of the meeting shall be given to each representative at least five (5) days prior to such meeting; and be it further

 

RESOLVED that an Advisory Committee will be formed consisting of five to ten representatives of Program Participants for a term of three (3) years as authorized by General Municipal Law Section 119-o.2.j; and be it further

 

RESOLVED that this Agreement with the Participant shall be for a term of one (1) year as authorized by General Municipal Law Section 119-o.2.j.  and be it further

 

RESOLVED that the Participant agrees to pay Eastern Suffolk BOCES an annual fee as determined annually by Eastern Suffolk BOCES to act as the lead agent for the Program

Financial Impact:

The Town is obligated under the program to pay Eastern Suffolk BOCES an annual fee as determined BOCES to act as the lead agent for the Program.  Budget Line A1345.54100  - $ 2775.00 -  2019 rate

 

 

RESOLUTION:              2019-706

CATEGORY:                            Bids to Notice

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Purchasing

Notice to Bidders - EH19-025 Fort Hill Cemetery - Interments & Maintenance Contact  Bid Available 5/16/19 - Bid Due 6/6/19

 

WHEREAS, the Town of East Hampton wishes to solicit bids for Fort Hill Cemetery - Interments & Maintenance Contact - EH19-025; now, therefore be it

 

RESOLVED, 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 Senior Purchasing Agent on June 6, 2019 prevailing time, when they will be publicly opened and read aloud for:

 

                                      Fort Hill Cemetery - Interments & Maintenance Contract

 

Each proposal must be submitted in a sealed envelope clearly marked "Fort Hill Cemetery - Interments & Maintenance Contract, EH19-025"; and, be it further

 

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

 

Bid #                            Name                                                                                                           Opening Date

                           

EH19-025              Fort Hill Cemetery - Maintenance Contract                              June 6, 2019

                           

;and, be it further

 

RESOLVED, 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.

 

RESOLUTION:              2019-707

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

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Retain Special Counsel - Zoning Board of Appeals

 

WHEREAS, the Town has a need to retain an attorney to provide counsel to the Town Zoning Board of Appeals in matters relating to the application of Edna & James McGlynn, Lisa Grenci, Hilda Pluhowski, Tuthill Road Association at Hannah Kirschner, for which the Town Attorney and members of the Town Attorney's office have a conflict; and

 

WHEREAS, Gary N. Weintraub, Esq. has agreed to act as counsel to the Zoning Board if Appeals with regard to the application in question; now, therefore, be it

 

RESOLVED, that Gary N. Weintraub, Esq. is hereby retained as special counsel to the Town Zoning Board of Appeals with regard to the application entitled Edna & James McGlynn, Lisa Grenci, Hilda Pluhowski, Tuthill Road Association at Hannah Kirschner; and be it further

 

RESOLVED, that Gary N. Weintraub, Esq. shall be paid at his municipal rate of $300/hr. upon properly submitted and approved voucher from the appropriate Town Budget Account.

D.              COUNCILMAN BRAGMAN

 

RESOLUTION:              2019-708

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Town Attorney

NOPH - Amend Chapter 220 "Subdivision of Land" to Include Consideration of Scenic, Conservation, Agricultural Easements and Development Rights Agreements in Review of Applications.

 

WHEREAS, the Town of East Hampton is considering the amendment of the provisions of the Town Code Chapter 220 "Subdivision Regulations"  to revise Chapter 220 "Subdivision of Land", Part I "General Regulations", Article II "General Subdivision Policies and requirements", to require the consideration of applicable scenic, agricultural or conservation easements, and purchase of development rights agreements to which the Town of East Hampton, a conservation organization, or a homeowners association is a grantee or a party, in reviewing applications for approval under this Chapter; now, therefore, be it

 

RESOLVED, that a public hearing is hereby scheduled to be held on a proposed Local Law amending various provisions of Chapter 220 ("Subdivision Regulations") of the East Hampton Town, said hearing to be held at the Town Hall Court Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, on Thursday, June 6,  2019 at 6:30 p.m. or as soon thereafter as this matter may be heard, said proposed Local Law to read as follows:

 

 

Local Law No.    2019

Introductory No.    of 2019

 

SECTION I.              FINDINGS:

 

Various provisions of the Town Code relating to the permitting of development and improvement of property within the Town do not specifically acknowledge or require the consideration of existing scenic, conservation easements or development rights agreements on properties involved in applications before various  Town Boards. Many of these easements and agreements to which the Town, a conservation organization, or a homeowners association is a party, specifically require the preservation of existing views and/or the maintenance of such properties in their natural state as of the time they were executed.

To fulfill existing enacted policies which protect agricultural lands and views, and areas and settings of rural and scenic beauty, such easements and agreements should be considered by the Boards in their review process. Specifically referring to such easements and agreements and expressly requiring that they be disclosed and considered will encourage review and permitting which is consistent with the requirements of such instruments as to which the town, a conservation organization or a homeowners association is a grantee or a party, and fulfill existing policies that protect existing agricultural lands and views, and areas of rural and scenic beauty. 

 

SECTION II - TOWN CODE AMENDED:

 

A.              Chapter 220 "Subdivision of Land", Part I "General Regulations", Article II "General Subdivision Policies and Requirements", Section 220-1-05, "General policies and requirements", Paragraph "C" is amended to read in its entirety as follows: [underlined text is new]

 

              C. Cultural Features.  Existing cultural features and systems of significance shall be               protected in their natural state by conservation or by such other means as the               Planning Board shall deem necessary, and public views protected in accordance with               the terms of existing applicable scenic, agricultural or conservation easements, and               purchase of development rights agreements, as to which the Town of East Hampton,               a conservation organization, or a homeowners association is a grantee or a party.

 

 

B.              Chapter 220 "Subdivision of Land", Part I "General Regulations", Article II "General Subdivision Policies and Requirements", Section 220-1-05, "General policies and requirements", Paragraph "I", "Open space and natural features", sub-paragraph "(1)" is amended to read in its entirety as follows: [underlined text is new]

 

              (1) Open space environment. The rural open space environment shall be protected               through such means as preservation, conservation, and the maintenance of               agricultural land and public views as required in any existing applicable scenic,               which               the Town of East Hampton, a conservation organization, or a homeowners association               is grantee or a party, or by any other means which may be deemed appropriate.

 

 

C.              Chapter 220 "Subdivision of Land", Part I "General Regulations", Article II "General Subdivision Policies and Requirements", Section 220-1-05, "General policies and requirements", Paragraph "I", "Open space and natural features" sub-paragraph "(6)" is amended to read in its entirety as follows: [underlined text is new]

 

              (6) Whenever the site of proposed improvements is adjacent to existing dwellings or               dwelling units, appropriate buffer landscaping, natural screening, or fencing shall be               provided to protect property values of existing or future dwellings.  Whenever the site               of proposed improvements is included within or is a part of a subdivision or is adjacent               to property containing property protected by an existing scenic, agricultural, or               conservation easement, or a purchase of development rights agreement which               protects public views, to which the Town of East Hampton, a conservation               organization or a homeowners association is a grantee or a party, appropriate               conditions shall be imposed to maintain  public views as required therein.

 

 

Section III - EFFECTIVE DATE:

 

This local law shall take effect immediately upon filing with the Secretary of State as required by law.

 

 

now, therefore, be it

 

RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Public Hearing in the May 23, 2019 edition of the EAST HAMPTON STAR:

 

NOTICE OF PUBLIC HEARING

 

 

              NOTICE IS HEREBY GIVEN that the Town Board of the Town of East Hampton will hold a public hearing at Town Hall, 159 Pantigo Road, East Hampton, New York, On Thursday,  June 6, 2019 at 6:30 p.m., or as soon thereafter as this matter may be heard, to consider comments of all persons regarding an amendment to Chapter 220 "Subdivision of Land" an Abstract of which is as follows. 

 

Local Law #   of 2019

Introductory #    of 2019

 

 

A local law amending Chapter 220 "Subdivision of Land" Part I "General Regulations", Article II "General Subdivision Policies and Requirements", Section 220-1-05, "General policies and requirements" to require the disclosure and consideration of scenic, conservation easements or development rights agreements, to which the Town, a conservation organization or a homeowners association is a party, with regard to properties submitting applications before the Planning Board for approval under Chapter 220. 

 

Specifically referring to such easements and agreements and expressly requiring that they be disclosed and considered will encourage review and permitting which is consistent with the requirements of such instruments as to which the town, a conservation organization or a homeowners association is a grantee or a party, and fulfill existing policies that protect existing agricultural lands and views, and areas of rural and scenic beauty. 

 

The full text of the local law is available for review and inspection in the Office of the Town Clerk during regular business hours from 9 a.m. to 4 p.m. Monday through Friday exclusive of holidays. Any persons wishing to comment upon the proposed amendment may do so, in person at the time of hearing, or in writing received by the Town Clerk on or before the date and time of hearing.

 

 

             

Dated:              May 16, 2019                                                                      BY ORDER OF THE TOWN BOARD

                                                                                                  TOWN OF EAST HAMPTON

 

                                                                                                  Carole Brennan

                                                                                                  Town Clerk

 

RESOLUTION:              2019-709

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Town Attorney

NOPH - Amend Chapter 255"Zoning" to Include Consideration of Scenic, Conservation, Agricultural Easements and Development Rights Agreements in Review of Applications.

 

WHEREAS, the Town of East Hampton is considering the amendment of the provisions of the Town Code Chapter 255 "Zoning"  to require the consideration of applicable scenic, agricultural or conservation easements, and purchase of development rights agreements to which the Town of East Hampton, a conservation organization, or a homeowners association is a grantee or a party, in reviewing applications for approval under this Chapter; now, therefore, be it

 

RESOLVED, that a public hearing is hereby scheduled to be held on a proposed Local Law amending various provisions of Chapter 255 ("Zoning") of the East Hampton Town, said hearing to be held at the Town Hall Court Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, on Thursday, June 6,  2019 at 6:30 p.m. or as soon thereafter as this matter may be heard, said proposed Local Law to read as follows:

 

 

Local Law No.    2019

Introductory #    of 2019

 

 

SECTION I.              FINDINGS:

 

Various provisions of the Town Code relating to the permitting of development and improvement of property within the Town do not specifically acknowledge or require the consideration of existing scenic, conservation easements or development rights agreements on properties involved in applications before various  Town Boards. Many of these easements and agreements to which the Town, a conservation organization, or a homeowners association is a party, specifically require the preservation of existing views and/or the maintenance of such properties in their natural state as of the time they were executed.

To fulfill existing enacted policies which protect agricultural lands and views, and areas and settings of rural and scenic beauty, such easements and agreements should be considered by the Boards in their review process. Specifically referring to such easements and agreements and expressly requiring that they be disclosed and considered will encourage review and permitting which is consistent with the requirements of such instruments as to which the town, a conservation organization or a homeowners association is a grantee or a party, and fulfill existing policies that protect existing agricultural lands and views, and areas of rural and scenic beauty. 

 

SECTION II - TOWN CODE AMENDED:

 

D.              Chapter 255 "Zoning”, Article IV "Protection of Natural Resources", Section 255-4-26, “Building permits limited”, Paragraph “C”, Referral to planning Department or Natural Resources Department., is amended to add new sub-paragraph “(4)” to read as follows: [underlined text is new]

(4) The property owner or his  agent shall provide, and the reviewing department confirm, the existence of any applicable scenic, conservation, agricultural or access easement, and  purchase of development rights agreements in or upon the premises, protecting any designated natural feature, or burdening or benefitting the subject property, as to which the Town of East Hampton, a  conservation organization or a homeowners association is a grantee or a party.

 

E.              Chapter 255 "Zoning”, Article V "Special Permit Uses", Section 255-5-31, “Applications”, is amended to read in its entirety as follow: [underlined text is new]

An application for a special permit shall be on the form for same provided by the Building Inspector and shall be submitted in triplicate, together with the appropriate fee, to the Building Inspector, who shall review the application for completeness and conformity with this chapter. The Building Inspector shall reject the application if it is not complete or not in conformance and shall notify the applicant as to the reason for such rejection. If the application is satisfactory, the applicant, the Building Inspector and the board to which the application is forwarded shall then follow the procedures in Article IX hereof regarding the processing of applications by boards. Any application for a special permit may be accompanied by one or more applications for other local agency permissions or approvals which this chapter requires for the activity or use for which the special permit is being sought. The property owner or his or her agent shall provide, and the reviewing department confirm, the existence of any applicable scenic, conservation, agricultural easement, or purchase of development rights agreements as to which the Town of East Hampton, a conservation organization or a homeowners’ association is a grantee or party, in, upon or adjacent to the premises, protecting any designated natural feature, or burdening or benefitting the subject property.

 

F.              Chapter 255 "Zoning”, Article VI "Site Plan Review", Section 255-6-50, “Necessary elements of site plans”, is amended to add a new paragraph “O” to read in its entirety as follows: [underlined text is new]

O. The location and metes and bounds of existing scenic, agricultural, and conservation easements and purchases of development rights agreements in, upon, or adjacent to the premises as to which the Town of East Hampton, a conservation organization or a homeowners’ association is a grantee or a party.  

 

G .              Chapter 255 "Zoning”, Article VI "Site Plan Review", Section 255-6-60, “Standards”, Paragraph “G”, is amended to read in its entirety as follows: [underlined text is new]

The Planning Board shall seek to protect public views across farm fields and shall insure that proposed site plans comply with any applicable existing agricultural, scenic, and conservation easements, and purchase of development rights agreements, to which the Town of East Hampton, a conservation organization  or a homeowners association is a grantee or a party, and in addition that any such instruments filed upon adjoining properties are not unduly impaired by the proposed site plan.

 

H.              Chapter 255 "Zoning”, Article VII "Architectural and design review”, Section 255-7-60 “Standards and criteria”, Paragraph “A’ is amended in its entirety to read as  follows: [underlined text is new]

(1)              Maintenance of character. In accordance with the purposes set forth in § 255-7-10 above, the Architectural Review Board is charged with maintaining the desirable character of the Town and with disapproving the construction, reconstruction, alteration or repositioning of buildings or structures which are designed without consideration of the harmonious relation of the new or altered structure to such structures as already exist and/or to the setting and physical environment into which such structures are to be placed, ensuring compliance with existing applicable scenic, agricultural, conservation easements or purchase of developments rights agreements in, upon or adjacent to the premises, as to which the town, a conservation organization or a homeowners’ association is a  grantee or a party, and ensuring that any instruments filed upon adjoining properties are not unduly impaired by the proposed improvements. . To accomplish the purposes set forth in § 255-7-10, the Board shall encourage traditional architectural treatments such as gabled roofs and the use of cedar shingles or other natural wood siding. However, the Board shall not be precluded from taking into account the use district in which a new or altered structure is proposed to be placed and the relative visibility of the structure to the general public, and may draw distinctions in its review or approval of structures based on material differences in the locations of such structures.

 

I.              Chapter 255 "Zoning”, Article VIII "Zoning Board of Appeals”, Section 255-8-50 “Standards”, Paragraph “A’ “Appeals and interpretations.” is amended to add the following new item:

(3)               In making any determination under this Chapter, among other factors to be considered as outlined in this Chapter, the Zoning Board of Appeals shall, when applicable, consider the location and metes and bounds of existing scenic, agricultural, and conservation easements and purchases of development rights agreements in, upon, or adjacent to the premises under review, to which the Town of East Hampton, a conservation organization or a homeowners’ association is a grantee or a party, and the impact of the proposed action upon the benefits conferred by such easements and/or development rights.  

             

J.              Chapter 255 "Zoning”, Article VIII "Zoning Board of Appeals”, Section 255-8-50 “Standards”, Paragraph “C’ “Area variances”, Paragraph “2” is amended in its entirety to read as  follows: [underlined text is new]

(2)                Notwithstanding anything which may be to the contrary in § 267-b of the New York Town Law or in any other provision of the Town Law relating to Zoning Boards of Appeals, the applicant shall have the burden of showing that the benefit accruing to him from grant of the requested variance outweighs any harm which will be caused to the neighborhood or the Town, and that the variance requested is the minimum variance needed to alleviate his difficulty while safeguarding the character of the neighborhood and the general welfare of the Town.  In making this determination, among other factors outlined in this Chapter, the Zoning Board of Appeals shall consider the location and metes and bounds of existing scenic, agricultural, and conservation easements and purchases of development rights agreements in, upon, or adjacent to the premises under review, to which the Town of East Hampton, a conservation organization or a homeowners’ association is a grantee or a party, and the impact of the proposed variance(s) upon the benefits conferred by such easements and/or development rights.  

 

 

Section III - EFFECTIVE DATE:

 

This local law shall take effect immediately upon filing with the Secretary of State as required by law.

 

 

now, therefore, be it

 

RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Public Hearing in the May 23, 2019 edition of the EAST HAMPTON STAR:

 

NOTICE OF PUBLIC HEARING

 

              NOTICE IS HEREBY GIVEN that the Town Board of the Town of East Hampton will hold a public hearing at Town Hall, 159 Pantigo Road, East Hampton, New York, On Thursday,  June 6, 2019 at 6:30 p.m., or as soon thereafter as this matter may be heard, to consider comments of all persons regarding an amendment to Chapter 255 "Zoning" an Abstract of which is as follows. 

 

Local Law #   of 2019

Introductory #    of 2019

 

 

A local law amending Chapter 255 "Zoning", Article IV "Protection of Natural Resources", Article V, "Special Permit uses", Article VI "Site Plan Review", Article VII "Architectural and design review" and Article VIII Zoning Board of Appeals" to require the disclosure of and consideration of scenic, conservation easements or development rights agreements, to which the Town, a conservation organization or a homeowners association is a party, with regard to applications submitted under Chapter 255. 

 

Specifically referring to such easements and agreements and expressly requiring that they be disclosed and considered will encourage review and permitting which is consistent with the requirements of such instruments as to which the town, a conservation organization or a homeowners association is a grantee or a party, and fulfill existing policies that protect existing agricultural lands and views, and areas of rural and scenic beauty. 

 

The full text of the local law is available for review and inspection in the Office of the Town Clerk during regular business hours from 9 a.m. to 4 p.m. Monday through Friday exclusive of holidays. Any persons wishing to comment upon the proposed amendment may do so, in person at the time of hearing, or in writing received by the Town Clerk on or before the date and time of hearing.

 

 

             

Dated:              May 16, 2019                                                                      BY ORDER OF THE TOWN BOARD

                                                                                                  TOWN OF EAST HAMPTON

 

                                                                                                  Carole Brennan

                                                                                                  Town Clerk

 

RESOLUTION:              2019-710

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Human Resources

Amend CSEA Schedule A-Add Highway Maintenance Crew Leader

 

              WHEREAS, the Town of East Hampton has made the determination to amend the 2019 CSEA Schedule A and add the title of Highway Maintenance Crew Leader, and, now,  therefore be it

 

              RESOLVED, that the title Highway Maintenance Crew Leader be and is hereby added to the 2019 CSEA Schedule A at Grade 27 with a starting step hourly rate of $28.047 and the full time schedule of 40 hours per week.

 

RESOLUTION:              2019-711

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Human Resources

Promotion and Reclassification of Title - Robert Miller

 

              WHEREAS, the Suffolk County Department of Civil Service reviewed the duties and responsibilities of Heavy Equipment Operator (position control number 10-04-0077) in the Highway Department, and,

 

              WHEREAS, as a result of this review it has been determined the duties of this position are to be reclassified to the title of Highway Maintenance Crew Leader, and,

 

              WHEREAS, Robert Miller, the employee currently in the title and position control number 10-04-0077), is immediately reachable on the Suffolk County Civil Service Eligible List (OC), 19SR203, for the title of Highway Maintenance Crew Leader, and, now therefore be it

 

              RESOLVED, that Robert Miller be and is hereby appointed Highway Maintenance Crew Leader in the Highway Department to be paid bi-weekly from budget account DB5110.51100, at an hourly rate of $29.773, $61,927.84 annually (Grade 27  Step 3), upon proper submission of time records, for a 40 hour work week effective retroactive to May 9, 2019, and be it further

 

              RESOLVED, that the probationary period for this position is 52 weeks.

 

RESOLUTION:              2019-712

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Human Resources

Appoint Part Time Environmental Aide - Mark Gutzmer

 

              WHEREAS, Mark Gutzmer meets the minimum qualifications for Environmental Aide, and, now, therefore be it

 

              RESOLVED, Mark Gutzmer be and is hereby appointed to the part time position of Environmental Aide in the Natural Resources Department with an hourly salary of $22.04, to be paid biweekly from budget account A8790.51200, upon proper submission of time records, effective May 20, 2019.

 

RESOLUTION:              2019-713

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Human Resources

Appoint Temporary Senior Tax Cashier - Mary Turi

 

              RESOLVED, that Mary Turi be and is hereby appointed to the position of full time Temporary Senior Tax Cashier in the Tax Receiver's Office at an hourly rate of $19.09, to be paid bi-weekly from budget account A1330.51200, upon proper submission of time records, effective retroactive to May 6, 2019 through June 28, 2019.

 

RESOLUTION:              2019-714

CATEGORY:                            Appointments

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Human Resources

Appoint Part Time Environmental Technician - Juliana Duryea

 

              RESOLVED, that Juliana Duryea be and is hereby appointed to the position of part time Environmental Technician in the Natural Resources Office at an hourly rate of $26.105, to be paid bi-weekly from budget account A8790.51200, upon proper submission of time records, effective May 20, 2019.

 

RESOLUTION:              2019-715

CATEGORY:                            Conference

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Town Board

Attend Luncheon - Jill Massa -  Suffolk County Chapter of the New York State Assessors’ Association

 

BE IT RESOLVED, that Jill Massa, Assessor, is herby authorized to attend the Suffolk County Chapter of the New York State Assessors' Association luncheon meeting on shelter Island, New York on Friday, May 31, 2019, and be it further

 

RESOLVED, that all allowable expenses (cost $30.00 plus ferry) shall be paid out of Budget Account #A1355.54200 upon voucher duly submitted.

Financial Impact:

$30.00 plus ferry

 

 

RESOLUTION:              2019-716

CATEGORY:                            Budget

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Bookkeeping

Amend Justice Court  Part Time Salaries

 

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

 

From:

 

Budget Line:  A1110 51100  Full Time Salaries in the amount of  $ 12,570.00

 

 

To:

 

Budget Line:  A1110 51200 Part Time Salaries    in the amount of  $ 12,570.00

 

RESOLUTION:              2019-717

CATEGORY:                            Personnel Misc.

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Human Resources

Salary Increase for Part Time Court Officer

 

              WHEREAS, the Town Justices have requested the part time Court Officers, listed below, receive an increase in their hourly rate, and, now, be it

                           

              RESOLVED, that the following Court Officers be paid an hourly rate of $30.00 from budget account A1110-51200, upon proper submission of time records, retroactive to May 13, 2019:

 

Gabriel Grenci

James Jahoda

Richard McKee

Keith McMahon

John Natuzzi

 

RESOLUTION:              2019-718

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

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Town Attorney

Retain Michael Baker International - East Hampton Airport Construction Phase Services - Airport Perimeter Fence

 

WHEREAS pursuant to Resolution 2014-1082, the Town authorized and entered a contract with Michael Baker International (Michael Baker) to provide for Engineering and Consulting Services for the East Hampton Airport; and,

 

WHEREAS, pursuant to Resolution 2016-1291 the Town accepted a proposal from Michael Baker entitled "Work Authorization 9" dated July 27, 2016 for professional engineering services for the Design and Bidding Assistance for the installation of a portion of the Airport Perimeter Fence and Obstruction Lights at the Town Airport together with Design and Bidding Assistance for additional perimeter fencing and motorized vehicle gates with power and communications infrastructure; and

 

WHEREAS, the Town entered into a contract  for the installation of perimeter fencing and powered gates at East Hampton Airport, and Michael Baker has submitted a proposal for Construction Phase engineering services relating to the Airport Perimeter Fence installation, dated March 26, 2019, at a total cost to the Town not to exceed $21,949.97; now, therefore, be it

 

RESOLVED, that the Town Board hereby retains Michael Baker to perform Construction Phase Engineering Services as set forth in their proposal of March 26, 2019 at a cost to the Town not to exceed $21,949.97; and be it further

 

RESOLVED, that the Supervisor is authorized to execute an Agreement with Michael Baker for the work authorized herein; and, be it further

 

RESOLVED, that this authorization shall be funded from Airport account HA5610-52104-16076.

 

RESOLUTION:              2019-719

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Bookkeeping

Authorize Payment of 2018 Invoice  - Finance Training

 

Whereas, The Finance Dept had a 2018 Purchase order to the NYS GFOA for training that was erroneously closed at year end, and an invoice for $55 is outstanding and must be paid, now therefore be it,

Resolved, The payment to NYS GFOA in the amount of $55 for 2018 training is approved.

 

RESOLUTION:              2019-720

CATEGORY:                            Approvals

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Town Board

Approve WCAC Donation for Digital Speed Sign in Wainscott

 

              WHEREAS, The Wainscott Citizens Advisory Committee has pledged the funds for the purchase of a digital speed sign for East Hampton Town Police use in Wainscott; and

 

              WHEREAS, the Police Chief approved the purchase and deployment of the digital speed sign; and 

 

              WHEREAS, the donation totals $4,740.50; now, therefore be it

 

              RESOLVED, this donation is gratefully accepted by the Town of East Hampton as specifically described in the attached All Traffic Solutions proposal approved and provided by the East Hampton Town Police Department; and, be it further

 

              RESOLVED, the Finance Department is directed to amend the budget to account for this donation to fund the purchase of this equipment as follows:

 

          INCREASE: B0 42707 (Gifts and Donations) in the amount of $4740.50

          INCREASE: B3120 52600 (Police and Other Equipment) in the amount of $4740.50, and be it further

 

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

 

RESOLUTION:              2019-721

CATEGORY:                            Bids Accepted

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Purchasing

Accept Bid #EH19-016 -  Printing of Miscellaneous Forms 2019 -  Montauk Printing, Effects of Color and Ridgewood Press

 

WHEREAS, the Town Board solicited bids for the Annual Contract for Printing of Miscellaneous Forms 2019; and

 

WHEREAS, the bids of Montauk Printing, Effects of Color and Ridgewood Press were the lowest bids received meeting the bid specifications and being in proper form; and

 

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

 

RESOLVED, the bid of Montauk Printing is hereby accepted for Items #1a,1b,2a,3,4a,4b,6a,&6b; and, be it further

 

RESOLVED, the bid of Effects of Color is hereby accepted for Items #7a,7b,8a,8b & 9; and, be it further 

 

RESOLVED, the bid of Ridgewood Press, is hereby accepted for Items 2b,& 5; and be it further

 

RESOLVED, the Senior Purchasing Agent is hereby authorized to issue purchase orders in accordance with the Town's bid specifications and the bid submissions of the contractors.

 

RESOLUTION:              2019-722

CATEGORY:                            Budget

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Bookkeeping

Amend Budget for Acquisition of Executive Air Hangar Lease

 

Resolved, that the Town Board   has negotiated the Acquisition of  the Executive Air Hangar Leasehold, with the use of Airport Surplus , and directs the Budget Office to make the following budget modification:

 

INCREASE:

 

Budget Line:  SX0 41775  Appropriation of Surplus in the amount of  $ 275,000.00

 

 

INCREASE:

 

Budget Line:  SX5610 52104  Airport Improvements the amount of  $ 275,000.00

E.              ADDITIONAL RESOLUTIONS

 

RESOLUTION:              (ID # 21534)

CATEGORY:                            Home Rule Request

SPONSORED BY:              Councilwoman Burke-Gonzalez, Councilwoman Overby

DEPARTMENT:              Town Clerk

Home Rule Request S.5465/A.7397  Underground Utility District

 

Title of Bill:  An Act to amend chapter 389 of the laws of 2016, relating to authorizing the town of East Hampton, Suffolk County, to establish an underground utility improvement district, in relation to the issuance of bonds and notes of the town of East Hampton for the construction or reconstruction of the underground utilities and related facilities. 

 

WHEREAS, a Home Rule Request has been received in support of the above captioned legislation; and

 

WHEREAS, the Town of East Hampton is devoted to protecting the rural, scenic, and historic character of its downtown and open and preserved spaces; and,

 

WHEREAS, the Town of East Hampton finds that overhead utilities and the expansion of those utilities often are not consistent with the goals of local planning and zoning regulations and objectives; now, therefore be it  

 

RESOLVED, that the Town Board of the Town of East Hampton supports this initiative, approve the Home Rule Request in furtherance of Senate Bill S.5465 and Assembly Bill A.7397 and pursuant to Article IX of the State Constitution and Municipal Home Rule Law, hereby requests the New York State Legislature enact such legislation; and, be it further

 

RESOLVED, that the Town Clerk is requested to execute and certify the attached Home Rule Request forms and forward them to the appropriate agencies.

 

RESOLUTION:              (ID # 21548)

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

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Town Attorney

Retain Counsel - Rigano LLC for Environmental Review

 

WHEREAS, the Town requires professional services for environmental review and advice in connection with property located at 50 Industrial Road, Wainscott, New York; and

 

WHEREAS, Rigano LLC is qualified to provide such professional services and has submitted a proposal to the Town to provide such services; now, therefore, be it

 

RESOLVED, that Rigano LLC is hereby retained as professional counsel to review the existing environmental analysis and to provide advice to the Town with regard to same and provide guidance and advise to the Town with regard to environmental conditions at the property listed above; and be it further

 

RESOLVED, that Rigano LLC shall be paid at the following rate from the appropriate budget account:

 

              Partners:               $300/hr.

              Associates:               $225/hr

              Paralegals:              $50/hr.

 

together with costs and expenses, including but not limited to filing fees, charges for obtaining copies or records, long distance telephone calls, photocopy expenses, computerized legal research and similar items, as set forth in their retainer letter dated May 16, 2019.

 

RESOLUTION:              (ID # 21489)

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Land Acquisition

Spencer Authorize CPF Project Plan Addition

 

Dao Spencer, Projet Plan Addition Authorizing Resolution

 

              WHEREAS, a public hearing was held by the Town Board of the Town of East Hampton on May 16, 2019 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 Dao Spencer, and identified on the Suffolk County Tax Map as 300-23-2-26.1, 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 2019

                            INTRODUCTORY NO.    OF 2019

 

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 Dao Spencer, and identified on the Suffolk County Tax Map as 300-23-2-26.1, 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 .59 acres of vacant land reputedly owned by Dao Spencer, located on 87 Isle of Wight Rd., Springs, and identified on the Suffolk County Tax Map as 300-23-2-26.1 for the following reasons:

This parcel is within the Harbor Protection Overlay District, the Peconic Estuary Programs Critical Land Protection Strategy, a Critical Environmental Area and contains Tidal Wetlands.  This parcel also meets the first criteria of our Springs Outreach initiative:

a.   Watershed and waterfront protection- preservation of these parcels can help ensure that these lands continue to be excellent buffers for surface and subsurface water and water bodies in Springs, limiting the flow of chemical and natural contaminants

 

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 .59 acres of vacant land reputedly owned by Dao Spencer, located on 87 Isle of Wight Rd., Springs, and identified on the Suffolk County Tax Map as 300-23-2-26.1 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 May 16, 2019 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: May 16, 2019                                           BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF EAST HAMPTON, NEW YORK

 

                                                                                    CAROLE BRENNAN, TOWN CLERK

Financial Impact:

No impact

 

 

RESOLUTION:              (ID # 21407)

CATEGORY:                            Easement

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

508 West 25Th Street LLC  Accept Grant of Scenic and Conservation Easement

 

              WHEREAS, a public hearing was held by the Town Board of the Town of East Hampton on May 16, 2019, on proposed grant of a 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: 508 West 25th Street LLC

TYPE OF EASEMENT: Scenic and Conservation

DATE OF EASEMENT: April 9, 2019

LOCATION:              404 Old Montauk Highway, Montauk

                            SCTM #300-22-1-4

REVIEWING AGENCY:               Zoning Board of Appeals

 

RESOLUTION:              (ID # 21408)

CATEGORY:                            Easement

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

120 Navy Road LLC Accept Grant of Scenic and Conservation Easement

 

              WHEREAS, a public hearing was held by the Town Board of the Town of East Hampton on May 16, 2019, on proposed grant of a 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: 120 Navy Road LLC

TYPE OF EASEMENT: Scenic and Conservation

DATE OF EASEMENT: April 18, 2019

LOCATION:              120 Navy Road, Montauk

                            SCTM #300-26-1-13

REVIEWING AGENCY:               Zoning Board of Appeals

 

RESOLUTION:              (ID # 21536)

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Clerk

Increase and Improvement of Facilities of The East Hampton Garbage and Refuse District, in the Town of East Hampton, In the County of Suffolk, New York, Pursuant To Section 202-B of the Town Law

 

RESOLUTION AND
ORDER AFTER PUBLIC
HEARING

WHEREAS, the Town Board of the Town of East Hampton (herein called the “Town”), in the County of Suffolk, New York, on behalf of the East Hampton Garbage and Refuse District, in the Town (herein referred to as the “District”) has determined that it is in the best interest of the Town and the District to acquire a wood grinder, at the estimated maximum cost of $405,000; a tractor, at the estimated maximum cost of $165,000; four (4) heavy duty roll-off containers, at the estimated maximum cost of $26,000, and a 40-yard covered container, at the estimated maximum cost of $9,000 for use by the District; the estimated total cost thereof is $605,000; and

 

WHEREAS, the Town Board, acting as Lead Agency, has given due consideration to the impact that the acquisition of said equipment may have on the environment and has determined that such acquisition constitutes a Type II Action pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R. 617.5, and no further environmental review is required;

 

WHEREAS, the Town Board adopted an Order describing in general terms the proposed acquisition of such equipment, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said increase and improvement of facilities on May 16, 2019 at 6:30 P.M. (Prevailing Time), or as soon as possible thereafter, at Town Hall, 159 Pantigo Road, East Hampton, New York, in the Town;

 

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

 

WHEREAS, such public hearing was duly held by the Town Board on May 16, 2019 at 6:30  P.M. (Prevailing Time) at Town Hall, 159 Pantigo Road, East Hampton, New York, with discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition.

 

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

 

DETERMINED, that it is in the public interest to acquire the equipment for use by the District as hereinabove described, at the estimated total cost of $605,000; and it is hereby

 

ORDERED, that the District shall make a careful estimate of the expense of such equipment, and, with the assistance of the Town Attorney, shall prepare proposed contract(s) therefor, which estimate and proposed contract(s) shall be presented to the Town Board as soon as possible; and it is hereby

 

ORDERED, that the expense of said acquisition of such equipment shall be financed by the issuance of bonds of the Town in the principal amount of not to exceed $605,000, and the costs of said acquisition, including payment of principal of and interest on said bonds, shall be paid by the levy and collection of assessments from the several lots and parcels of land within the District, on an ad valorem basis, in the same manner and at the same time as other Town charges; and it is hereby

 

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

 

DATED:  May 16, 2019


(SEAL)              TOWN BOARD OF THE TOWN OF EAST HAMPTON