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.