East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

Town Board Meeting of February 7, 2017
East Hampton, New York

 

 

I.              Call to Order

10:00 AM Meeting called to order on February 7, 2017 at Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY.

 

Attendee Name

Organization

Title

Status

Arrived

Kathee Burke-Gonzalez

Town of East Hampton

Councilwoman

Present

 

Peter Van Scoyoc

Town of East Hampton

Councilman

Absent

 

Sylvia Overby

Town of East Hampton

Councilwoman

Present

 

Fred Overton

Town of East Hampton

Councilman

Present

 

Larry Cantwell

Town of East Hampton

Supervisor

Present

 

Michael Sendlenski

Town of East Hampton

Town Attorney

Present

 

Carole A. Brennan

Town of East Hampton

Town Clerk

Present

 

II.              Public Portion

Mr. Kelly spoke about a potential issue with the Housing Authority.  They are evicting people from their apartments when they are at medical rehab.  He feels the term of absence needs to be amended or clarified. 

 

Diane McNally spoke about Georgica Pond for motorized vessels.  She also spoke about the drive on the beach permits. 

III.              Topics

A.              Bids - Jeanne Carroza

Jeanne spoke about contract extensions; awarding of RFP;

B.              Proposed Legislation to Create Rebate Program for Voluntary Upgrade of Cesspool Sanitary Systems and all Sanitary Systems in Vulnerable Water Supply Areas - NancyLynn Thiele

Supervisor Cantwell gave a brief description of the proposed law.  He spoke about the areas that would qualify and the amounts that each area will be able to get under the rebate system. 

 

NancyLynn Thiele explained the proposal section by section.  This proposed law will strengthen the rules for any new septic system, whether it be new construction or upgrades.  There will be two separate legislations; one on the system and one on the rebate program. 

 

After a lengthy discussion the board members asked questions of Mrs. Thiele.  She discussed the sanitary inspector's role. 

 

Kim Shaw, Director of Natural Resources explained their role in this proposal as well as Suffolk County's role. 

 

Supervisor Cantwell stated that they would still have to pick a date for the program to begin.  It will take the County some time to adopt acceptable systems before any deadline could be determined. 

 

Different scenarios were discussed amongst board members. 

C.              Proposed Legislation Regarding Sanitary Systems Code - NancyLynn Thiele

D.              Proposed Revisions to Film Code - NancyLynn Thiele

NancyLynn spoke about the few changes that have been made to the last proposal.  One change is the amount of time for submission of an application and an administrative permit for certain activities.  This proposal requires a permit for filming on private property. 

E.              Proposed Revisions to Public Assembly Code - NancyLynn Thiele

NancyLynn explained the reasoning behind having to amend the current assembly permit.  She spoke about the different types of permits we currently have and the changes to be made to the law and the definitions.  This proposal would be adding an art permit.  The proposal will be going back to the committee for discussion. 

F.              Proposed Legislation to Require Beach-Driving Permits Annually

Members of the board, the Town Clerk and the Town Attorney all spoke about this proposal which would require permits to be issued yearly or for a given period of time.  After a discussion amongst all, the proposal will go to the Town Trustees for input.  Then the Town Board will revisit after their input. 

 

G.              77 Industrial Road, Request to TB to Consent to their Planning Board Application - Land Planning Services

Not to be done today.

H.              Request from Friends of Georgica Pond for Trawling & Motorized Vessel Exemptions in Georgica Pond

This request is for trawling and motorized vessel to operate in Georgica Pond by an associate of Stony Brook University School of Marine and Atmospheric Sciences. 

I.              Proposed Legislation to Create a 4-Way Stop Intersection of Wainscott Main Street, 5 Rod Highway and Wainscott Hollow Road

Tom Talmage spoke about the proposal of a four way stop intersection in Wainscott in the area of the school. 

J.              Landfill Monitoring - FPM

A representative of Fanning, Philips and Molnar gave a briefing on each of the landfill sites (Springs Fireplace and Montauk) that they have been monitoring for years.  He explained via a slide show the groundwater flow; volatile organic compounds; groundwater monitoring trends; potential future conditions; ammonia and sodium trends.  The monitoring in Montauk has never shown volatile organic compounds. 

K.              FAA Part 16 DeciFAA Part 16 Decision

Town Attorney Michael Sendlenski explained the particulars pertaining to the FAA Part 16 decision.  He explained that a law suit was filed a few years ago.  He went over the many improvements that the town has made to the airport over the last few years. 

IV.              Liaison Reports

NONE today

V.              Resolutions

A.              COUNCILWOMAN BURKE-GONZALEZ

1.              Resolution 2017-233

Category:              Bids to Notice

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Purchasing

Notice to Bidders - EH17-004 - Miscellaneous Food Items for Human Services February 2017 Bid Available 2/09/17 - Bid Due 2/22/17

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 User Departments, that the Purchasing Department be and hereby is authorized to advertise for public bid as per the following:

 

NOTICE TO BIDDERS

 

TAKE NOTICE, that sealed bids will be received by the Purchasing Agent, Purchasing Department, Town Hall East Hampton, on February 22, 2017 at 3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

Miscellaneous Food Items for Human Services February 2017

 

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 February 09, 2017.  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 for Human Services February 2017  EH17-004

 

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

 

and, be it further

 

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

 

Bid #                        Name                                                               Opening Date

 

EH17-004              Miscellaneous Food Items for

                            Human Services February 2017                              February 22, 2017                                                                                             

                           

 

and, be it further

 

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

 

 

 

ü Vote Record - Resolution RES-2017-233

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Mover

þ

¨

¨

¨

Peter Van Scoyoc

Voter

¨

¨

¨

þ

Sylvia Overby

Seconder

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

2.              Resolution 2017-234

Category:              Bids Accepted

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Purchasing

Accept Bid #EH17-002 - Annual Contract for the Supply & Delivery of Frozen Food Plus Miscellaneous Items for Human Services February 2017 -  Mivila Foods of NY, Inc.

WHEREAS, the Town Board solicited bids for the Annual Contract for the Supply & Delivery of Frozen Food Plus Miscellaneous Items for Human Services February 2017, Bid No. EH17-002; and

 

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

 

WHEREAS, the bid submitted has been reviewed by the Human Services Department and Jeanne Carroza, CPPB the Town's Purchasing Agent; and she has recommended the award of the bid to the lowest responsive, responsible bidder; now, therefore, be it

 

RESOLVED, the bid of Mivila Foods of NY, Inc. is hereby accepted for Items 1,2,3,5,6,7,8,9, 11,12,13,14,16,17,18,19,20,21,22,23,24,27,28,29,30,32,33,34,35,36,37,42,45,46,47,

48,49,50,51,52,53,64,66,67,68,70,71,72,73,74,75,76,77,78,80,81,87,88,89,91,92,93,

95,96,98,99,100,101 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.

 

 

 

ü Vote Record - Resolution RES-2017-234

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Mover

þ

¨

¨

¨

Peter Van Scoyoc

Voter

¨

¨

¨

þ

Sylvia Overby

Seconder

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

3.              Resolution 2017-235

Category:              Approvals

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Town Board

Emergency Road Repairs - Gladstone Place Near Gravesend Avenue in Montauk

              WHEREAS, the Town has been informed that emergency road repairs are necessary on Gladstone Place near Gravesend Avenue in Montauk in order to assure continued safety and accessibility by emergency vehicles; now therefore, be it

 

              RESOLVED, that Highway Superintendent Stephen Lynch is requested to make the necessary emergency repairs; and, be it further

 

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

 

 

 

ü Vote Record - Resolution RES-2017-235

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Mover

þ

¨

¨

¨

Peter Van Scoyoc

Voter

¨

¨

¨

þ

Sylvia Overby

Seconder

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

B.              SUPERVISOR CANTWELL

1.              Resolution 2017-236

Category:              Budget

Sponsors:              Supervisor Larry Cantwell

Department:              Bookkeeping

Amend Budget for 2016 Notice of Claim Salm-Hoogstraete

Whereas, Resolution 2016-1013 authorized the payment for the settlement of Notice of Claim  # TEHAM-2016-010 Date of Loss 5/4/16 for the NYMIR Deducible in the amount of $11,482.49 ; And 

 

Whereas,  sufficient funds are not available in the 2016 Budget line for A 1910 54150 to pay this claim, Therefore be it,

 

 

Resolved, The Budget Officer is hereby directed to amend the 2016 budget  as follows:

 

From:

 

Budget Line:  A 1990 54980   Contingency   in the amount of  $ 11,000.00

 

 

To:

 

Budget Line:  A1910 .54150  Insurance         in the amount of  $ 11,000.00

 

 

 

ü Vote Record - Resolution RES-2017-236

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Seconder

þ

¨

¨

¨

Peter Van Scoyoc

Voter

¨

¨

¨

þ

Sylvia Overby

Voter

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Mover

þ

¨

¨

¨

 

 

 

2.              Resolution 2017-237

Category:              Agreements, Contracts

Sponsors:              Supervisor Larry Cantwell

Department:              Town Attorney

Authorize Inspection of Port Security Vessel for Marine Patrol

WHEREAS, pursuant to Resolution #2017-178, the Town Board approved funds in an amount not to exceed $5,000.00, to be expended for the inspection, by a  representative of the Townl, of the Enforcement, Search & Rescue, Port Security Vessel being constructed for the Marine Patrol by Silver Ships, Inc.; now, therefore, be it

 

RESOLVED, that such authorization is hereby amended to include direct payment and/or reimbursement to Silver Ships, Inc., for any and all travel and lodging costs incurred by Silver Ships expended for the transportation, lodging and other travel expenses for the Town Representative for purposes of inspecting the construction of the Enforcement, Search & Rescue, and Port Security Vessel, such costs not to exceed the sums authorized by Resolution 2017-178; and be it further

 

RESOLVED, that such costs, in compliance with Resolution 2017-178, shall not exceed the sum of $5,000.00 and shall be paid from Budget Account HA3125.52500.16006 upon voucher and any and all applicable paperwork, properly submitted.  

 

 

 

ü Vote Record - Resolution RES-2017-237

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

þ

¨

¨

¨

Peter Van Scoyoc

Voter

¨

¨

¨

þ

Sylvia Overby

Seconder

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Mover

þ

¨

¨

¨

 

 

 

3.              Resolution 2017-238

Category:              Acquisitions

Sponsors:              Supervisor Larry Cantwell

Department:              Town Attorney

Resolution Authorizing Supervisor to Sign Agreement with the Peconic Land Trust to Allow for Town's Land Acquisition Manager to Participate in Auction for a Parcel of Real Property on Their Behalf

WHEREAS, the Town and the Peconic Land Trust are desirous of acquiring a certain parcel of property, commonly known as 395 Pantigo Road, East Hampton and more particularly described as SCTM#300-189-1-4 (hereinafter, "the Property"); and,

 

WHEREAS, the Property is scheduled for sale via auction on February 7, 2017 and the Town cannot acquire title within the time frame called for in the terms of sale and foreclosure judgment, but the Peconic Land Trust can; and,

 

WHEREAS, the Town and the Peconic Land Trust are willing to work together to acquire the parcel of property, including participation at the auction, with the Town eventually becoming fee title owner of the same; now, therefore be it

 

RESOLVED, that the Town Supervisor is hereby authorized and directed to enter into an agreement, in a form to be approved by the Town Attorney's Office, with the Peconic Land Trust to jointly participate in the auction to acquire the property; and, be it further

 

RESOLVED, the Town's Land Acquisition Manager is authorized and directed to attend, participate and bid to acquire the Property at the auction on behalf of the Peconic Land Trust and in accordance with the agreement authorized herein; and be it further

 

RESOLVED, that the Town's portion of funds to provide at the auction shall not exceed $200,000.  

 

 

 

ü Vote Record - Resolution RES-2017-238

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

þ

¨

¨

¨

Peter Van Scoyoc

Voter

¨

¨

¨

þ

Sylvia Overby

Seconder

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Mover

þ

¨

¨

¨

 

 

 

4.              Resolution 2017-239

Category:              Warrant Approval

Sponsors:              Supervisor Larry Cantwell

Department:              Bookkeeping

Amend  2017 Budget to Appropriate Surplus for Land Acquisition and Authorize Special Warrant for the Auction Deposit

Whereas,  The Town Board authorized the Land Acquisition Manager to participate in an auction for per Town Board Resolution 2017-238; and  now be it

 

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

 

Increase:

 

Budget Line:  A0   41775  Appropriated Unreserved Surplus in the amount of  $ 200,000.00

 

 

Increase:

 

Budget Line:  A 1940 52702  Land Acquisition        in the amount of  $ 200,000.00

 

And Be it Further Resolved, the Town Board authorizes a warrant to issue the bid deposit check up to $200,000 payable to  Andrea DeNicola, Esq. as Referee

 

 

 

ü Vote Record - Resolution RES-2017-239

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

þ

¨

¨

¨

Peter Van Scoyoc

Voter

¨

¨

¨

þ

Sylvia Overby

Seconder

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Mover

þ

¨

¨

¨

 

 

 

VI.              Executive Session: Leases, Litigation, CPF

Councilwoman Overby made a motion at 12:08 pm seconded by Councilwoman Burke-Gonzalez to go into executive session.