East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

Town Board Meeting of March 16, 2017
East Hampton, New York

 

 

I.              Call to Order

6:30 PM Meeting called to order on March 16, 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

Present

 

Sylvia Overby

Town of East Hampton

Councilwoman

Present

 

Fred Overton

Town of East Hampton

Councilman

Present

 

Larry Cantwell

Town of East Hampton

Supervisor

Present

 

II.              Public Hearings

1.              Resolution Setting a Public Hearing to Consider Amending Chapter 240 (Vehicles and Traffic) to Provide for Installation of Stop Signs to Create a 4-Way Stop at the Intersection of Wainscott Main Street, 5 Rod Highway and Wainscott Hollow Road

COMMENTS - Current Meeting:

The Town Board of the Town of East Hampton held a public hearing in the Town Hall Meeting Room, Town Hall, 159 Pantigo Road, East Hampton, New York, on Thursday,  March 16, 2017, beginning at 6:40 p.m. and adjourning at 6:53  p.m.

 

Town Clerk Carole A. Brennan read the Notice of Public Hearing as posted and published as required by law.

 

The following persons spoke at the hearing:

 

Dennis D'Angelo explained the need for the stop signs.  He spoke about the open vista and farmland in the area.  The need is for traffic calming. 

 

Michael Hanson has a child in the Wainscott School and always has a problem in this area.  No one obeys the speed limit in the area of the grade school. 

 

Patty who has lived here a long time.  Her brother was killed young because of the lack of a stop sign.

 

Bill Babinski spoke about the proposal as in the farmers eye. 

 

There being no further public comment, a  motion was made to keep the hearing open for written comment until April 1, 2017.

RESULT:              CLOSED [UNANIMOUS]

MOVER:              Kathee Burke-Gonzalez, Councilwoman

SECONDER:              Peter Van Scoyoc, Councilman

AYES:              Burke-Gonzalez, Van Scoyoc, Overby, Overton, Cantwell

2.              Gottfried Grant of Scenic and Conservation Easement
Schedule Public Hearing and Notice of Public Hearing

COMMENTS - Current Meeting:

The Town Board of the Town of East Hampton held a public hearing in the Town Hall Meeting Room, Town Hall, 159 Pantigo Road, East Hampton, New York, on Thursday, March 16, 2017,  beginning at 6:53 p.m. and adjourning at 6:54  p.m.

 

Town Clerk Carole A. Brennan read the Notice of Public Hearing as posted and published as required by law.

 

There being no public comment, a  motion was made to close the hearing.

RESULT:              CLOSED [UNANIMOUS]

MOVER:              Peter Van Scoyoc, Councilman

SECONDER:              Sylvia Overby, Councilwoman

AYES:              Burke-Gonzalez, Van Scoyoc, Overby, Overton, Cantwell

III.              Public Portion

Hugh King states that this is Women's History month.  He spoke about a woman that was a teacher at East Hampton School.  He spoke about another woman that saved many of the important buildings in EH.  He also spoke about many other woman that were important in the East Hampton Community in the years past. 

 

Walker spoke about the happening with younger people in the town currently.  He would like to see the YMCA taken back over by the town and made an area for the young to go for entertainment and socialization.  He spoke about the current financial situation at the YMCA.  We are talking here about a safe place between kids and drug addition.  We have to do more in this town.  Please in 2018 re-negotiate the contract with this company. 

 

Diana Walker states that this has been a concern of Walkers for years.  She does believe that everyone is concerned about children and drugs.  She thinks that the original use of the building was a problem for kids.  She thinks the town should consider some vocational programs for the kids of this town. 

 

Susan, Walkers mother is proud of him tonight and his great workings for the children.  She read a letter from a practicing   doctor regarding the venues for the young and the problems that occur as a result.   In the beginning she was a supporter of the program.

 

Abigail, who grew up in Sag Harbor has just moved back into the area.  She has concerns about the lack of space for young children.  She spoke about 5 teens that have recently died from either drug overdose or suicide.  She wonders how the board plans on addressing this issue. 

 

Jack Marshall resident of EH.  He is a full time employee of the YMCA.  He along with many others developed the Hurricane Swim Team.  He basically is here to speak on the issue of the Y taking up too much gym space and not doing enough for the younger community.  He spoke about many of the benefits and programs the Y does for these kids.  He spoke about the activities and the camps that the Y sponsors.  We are all hear for the same issue.  The Y needs be to taken out of the equation.  They are not the reason for what is happening.  This is a community issue not a YMCA issue.

 

L. spoke about her dealings with the YMCA.  She was a mentor at the Y working with young girls.  She taught them how to be leaders.  She is a full supporter of the Y.  She spoke about many of the instances that have happened while she was on duty at the facility.  The Y is a safe warm place to go. 

 

Norma Bushman is the aquatic director at the YMCA.  He children grew up at the Y and have utilized the very many programs that they have to offer.  The programs are all about building a relationship.  All of the Town's lifeguards come through the facility.  We do need more for the children of the community but not at Y's expense.

 

Rosie the membership director at the YMCA asks everyone to come visit the facility to see just what they do have to offer.  We all need to work together.  That is the way we are going to be able to fight the community problems. 

 

Bernett S. was raised on these fields.  She spoke about the many programs she was offered in the school when she was young.  We need to bring some old time programs to the community.  She spoke about the beginning years at the skate park in Amagansett.  We no longer have the affordable programs in this town for our children.  We need to go back to the old days and the old ways. 

 

Jacki Leader's daughter read a letter from Jackie.  See was not able to make the meeting.  She told about the programs she runs for disabled adults in our community.  She went on to talk about her son who died three years ago. Drugs are easily accessible through local doctors.  We need to offer more for our youth.  We need to come together.  Training for overdoses needs to given to all. 

 

Tyler Armstrong says this is a very important issue.  The Y is one place that could be a place that could help with the matter.  He did go there when it was the rec center.  The space know is being used for different purposes.  We could also be looking at different locations for community use.  If we are going to publicly fund the space then it should be utilized by all. 

 

Aftin DiSunno spoke about the many programs that her son has taking part of at the Y.  We can't blame just the Y for the problems.  Maybe we should ask the children what they think and want. 

 

S. Veccio is the Youth and Family Director at the Y.  She has been working there for about 3 years.  She spoke about the many programs that the Y does provide for the children and young adults in the community.  They try to touch base with all the kids in the area.  She invites all to stop down.

 

Patty says we are missing something.  Too many of our children are turning to drugs and other improper things.  She is wondering if there is a hot line for our troubled young to call when they are in need. 

 

Councilwoman Burke Gonzalez spoke about the many agencies that the Town does give monetary grants to each year for assisting with the many issues that are happening within the town.  Maybe we should form a teen advisory group.  We need to keep a dialog running.

 

Susan again wants to thank everyone for their support tonight.  We are not just talking about programs, we are talking about just sitting and talking to your friends.

 

Simone Johnson works for the Y for the last 17 years.  This all starts at home with the parents.  The internet and social media have taken over.  She thinks there needs to be a place for adults to learn to be parents. 

 

Glenn the director of the Y states that the Y has 4,300 members, 2000 of them being the young.

 

Supervisor Cantwell spoke on the drug and alcohol issue in the town and in other areas.  He spoke about the many programs that the police department does.  He spoke about the many dollars that the town spends on various programs.  The YMCA today is different from the original mission.  They do a lot of good things there know.  They however should not be the whipping board for all the problems.  He asked Glenn if there is room for expansion.  He believes that there is also room for improvement. 

 

Jonathan Wallace says we are talking about kids as if they are all of one group.  They are not.  An advisory committee is a good idea.  He does not think that all the teens want to hang out at the YMCA.  We shouldn't make this about the Y.  We need to look at other spaces and ideas.  

A.              Public Speakers

1.              Walker Bragman

IV.              Resolutions

A.              COUNCILWOMAN BURKE-GONZALEZ

1.              Resolution 2017-322

Category:              Warrant Approval

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Town Clerk

3B Warrant- Approval of Claims $5,133,473.26 3B Utility $52,003.81

RESOLVED, that Claims on Warrant No. 3B/2017, in the amount of $5,133,473.26 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. 3B/2017, in the amount of $52,003.81 Were audited by the Town Board and the Supervisor is hereby directed to pay same.

 

 

 

ü Vote Record - Resolution RES-2017-322

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Mover

þ

¨

¨

¨

Peter Van Scoyoc

Seconder

þ

¨

¨

¨

Sylvia Overby

Voter

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

2.              Resolution 2017-323

Category:              Local Law Public Hearing

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Town Attorney

Set PH to Consider Amending Chapter 138 to Include Private Property in Permit Process

BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on April 6, 2017 at 6:30 p.m., at East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW amending Chapter 138 (Filming) to include commercial filming on private property in the permit process.”

LOCAL LAW No.  __ of 2017

Introductory No. 5 Of 2017

LOCAL LAW amending Chapter 138 (Filming) to include commercial filming on private property in the film permit process, to eliminate the exception to filming crews of five or less, and to provide for  suspension in emergency circumstances.

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

 

SECTION 1.              Legislative Intent.

 

This legislation is intended to expand the provisions of the current filming permit process to include commercial filming on private property. The law's original intent to protect public safety, health or welfare of the public when filming activities unduly interfere with vehicular and/or pedestrian traffic applies equally when such activity occurs on certain private properties as it does on public lands. Additional changes to those exempted as well as the ability to suspend a permit in emergency circumstances are also considered to address enforcement issues as well as public safety.

 

 

SECTION 2. Amendment.

 

Chapter 138 (Filming) Section 2 (Permit Required) of the East Hampton Town Code is hereby amended to remove all provisions crossed out and by adding the underlined words as follows:

 

§ 138-2. Permit requiredDefinitions.

 

A.               Whenever used in this chapter, words used in the singular include the plural, and vice versa, and pronouns used in the masculine gender also include the feminine, and vice versa.General. A permit issued pursuant to this chapter is required prior to any person, organization, corporation, group or other entity engaging in the activity of filming or photographing a commercial, movie, documentary, television program, catalog or magazine layout, or any other presentation upon the streets, sidewalks or any other property owned by the Town of East Hampton, exclusive of the Village of East Hampton or that portion of the Incorporated Village of Sag Harbor located within the Town's boundaries. The application process for obtaining a permit is set forth in § 138-3.

 

B.               For the purposes of this chapter, the following terms shall have the meanings indicated:Exemption. A permit pursuant to this chapter shall not be required if five or fewer individuals constitute the entire cast and crew engaged in one of the activities described in Subsection A above.

 

EQUIPMENT

Shall include, but is not limited to, television, photographic, film, digital or video cameras or transmitting television equipment, including radio remotes, props, sets, lights, backdrops, electric and grip equipment, dolly tracks, screens or microphone devices, and any and all production-related materials. Equipment shall not include a handheld device, as defined herein, and vehicles, as defined in the Vehicle and Traffic Law § 159, that are used solely to transport a person or persons while engaged in the activity of filming from within such vehicle, operated in compliance with relevant traffic laws and rules.

FILMING

The taking of still or motion pictures on any type of analog or digital recording medium, for commercial, educational or institutional purposes, intended for viewing on any device, including, but not limited to, television, projector screen, computer, smartphone, tablet, or other electronic device, or for viewing over the Internet or in any place of public assembly, or for educational or institutional use. Filming includes all rehearsals, preparations, assembly and dismantling of all equipment and structures, including, but not limited to, scaffolding, lights, backdrops, tools and food, and the loading and unloading of vehicles containing the equipment, structures and food.

HANDHELD DEVICE

(1)              A film, still or television camera, video or digital camera, smartphone, tablet or other equipment held in the photographer's or filmmaker's hand, carried with the photographer or filmmaker during the course of filming, and not requiring the use of cables or any other item or equipment not carried by the photographer or filmmaker at all times during the course of photography, filming or transmission; or

 

(2)                A tripod used to support film, still, television, video or digital cameras.

 

INCIDENTAL USE OF PUBLIC LANDS

Public lands used in conjunction with filming that occurs on private property.

PERSON

Any individual, partnership, corporation, organization, association, limited-liability company, partnership society or any other legal entity.

PRIVATE PROPERTY

Any property other than public lands, including both residential and commercial property.

PUBLIC LANDS

Any and every public street, highway, sidewalk or square, public park or playground, public waters, waterfront property or other public place within the Town which is within the jurisdiction and control of the Town or involving the use of any Town-owned or -maintained facilities or equipment.

 

SECTION 3. Amendment.

 

Chapter 138 (Filming) Section 3 (Application for a permit) of the East Hampton Town Code is hereby amended to remove all provisions crossed out and by adding the underlined words as follows:

§ 138-3. Application for a permit Permit Required.

 

A.                No person shall film or allow filming on public lands within the Town of East Hampton without first applying for and obtaining a permit therefor from the Town Clerk in accordance with this chapter, except as provided for in § 138-4 hereof.Application form. An applicant may obtain an application form from the Town Chief of Police or the Town Clerk. The information requested on the application form shall include, without limitation, the following:

(1)                The name and address of the applicant.

(2)                The proposed location(s) of the filming or still photography.

(3)                The date(s) and time(s) the permit is intended to cover.

(4)                The number in the cast and crew.

(5)                The number of vehicles.

(6)                The person in charge on site.

B.                No person shall film or allow filming on private property within the Town of East Hampton without first obtaining a permit from the Town Clerk in accordance with this chapter, except as provided for in § 138-4 hereof. Any incidental use of public lands that obstructs any public lands or interferes with the use of any public lands shall be fully disclosed, described and included in any application for a permit; provided, however, that nothing contained in this section shall prevent persons from temporarily loading or unloading filming equipment on any public right-of-way, provided that such loading or unloading is done without unnecessary delay, and provided that such filming equipment is not allowed or permitted to remain on such public right-of-way for a period longer than 15 minutes.Submission to Town Clerk. The following materials shall be submitted by the applicant to the Town Clerk at least sevenfourteen days before the proposed date to start the filming or still photography:

(1)                A completed application form.

(2)                A one-hundred-dollar nonrefundable application fee. The Town Board, by resolution duly adopted, from time to time may establish or amend such fee amount.

(3)                A certificate of insurance and indemnification agreement pursuant to § 138-11 .

C.                Applications for permits shall be filed and completed in accordance with § 138-5. Review by Chief of Police. The Town Clerk shall forward the application to the Chief of Police for approval or disapproval. Said approval or disapproval shall be based on the Chief of Police, or his designee, making a determination on whether the proposed filming or still photography will constitute a threat to public safety, health or welfare by reason of time, location or duration of the activity or will unduly interfere with vehicular and/or pedestrian traffic. Approval of the application by the Chief of Police, or his designee, may be conditioned on the payment of the traffic control fee set forth in § 138-4. The Chief of Police shall send the approved or disapproved application back to the Town Clerk.

D.                A permit shall authorize filming at certain location(s) only, whether such filming shall occur indoors or outdoors, provided that the dates on which filming is to take place shall be specified in the permit. The application for the filming permit may list several potential locations, but the applicants’ intent must be finalized before the permit is issued.Review by Town Attorney. The Town Clerk shall forward the certificate of insurance and the indemnification agreement to the Town Attorney for approval. The Town Attorney shall send such approved or disapproved documents back to the Town Clerk.

E.                If a permit is issued and, due to inclement weather or other good cause not within the control of the applicant, filming does not in fact take place on the date or dates specified, the Town Clerk may, at the request of the applicant, issue an amended permit for filming on other dates subject to full compliance with all other provisions of this chapter. An administrative fee shall be required for an amended permit under this section, and the Town Board, by resolution duly adopted, from time to time shall establish or amend such fee amount.Permit fee. The Town Clerk shall calculate the permit fee required to be paid by an approved applicant as follows:

(1)                Film fee. The Town Board may, by resolution duly adopted, from time to time establish, amend or suspend film fees for each day covered by the permit.

(2)                Cleanup deposit. A separate certified check in the amount of $250 for each day covered by the permit shall be paid pursuant to § 138-5 .

(3)                Traffic control fee. One thousand dollars shall be paid for each day covered by the permit if the Chief of Police, or his designee, requires payment of the traffic control fee pursuant to § 138-4.

(4)                Beach parking fee. If the permit includes one or more Town beaches as location sites, a ten-dollar-per-vehicleparking fee for each day covered by the permit shall be paid the permit covers any day falling between May 1 through September 30.

 

F.                If an additional date or dates of filming become required to complete any filming authorized pursuant to a permit issued under this chapter, the Town Clerk may, at the request of the applicant, issue an extension permit, subject to full compliance with all other provisions of this chapter. The conditions, requirements and fees for any extension permit shall be the same as those required for the existing permit(s), provided there have not been any changes in the circumstances regarding the filming. If there are any changes in circumstances proposed for the filming under the extension permit, the Town Clerk may, in the Clerk's discretion, modify any of the conditions, requirements or fees and deposits required for the extension permit. In addition, an administrative fee of shall be required for an extension permit under this section, and the Town Board, by resolution duly adopted, from time to time shall establish or amend such fee amount.Issuance of permit. The Town Clerk shall countersign an approved application. The Town Clerk shall collect the permit fee calculated pursuant to Subsection from the applicant. Payment of the permit fee shall be in the form specified in § 138-6 . Upon payment of the permit fee, the Town Clerk shall issue the permit to the applicant. The permit shall set forth the name of the applicant and the location(s), date(s) and time(s) of the filming or still photography.

 

 

SECTION 4. Amendment.

 

Chapter 138 (Filming) Section 4 (Traffic control fee) of the East Hampton Town Code is hereby amended to remove all provisions crossed out and by adding the underlined words as follows:

§ 138-4. Traffic control feeExemptions.

Notwithstanding the permit requirements of this chapter, the filming activities designated below do not require a permit to be obtained pursuant to this chapter, provided that such activity does not obstruct or interfere with the use of any public lands or private roads located within the Town. For purposes of this section, the term "obstruct or interfere with the use of any public lands or private roads located within the Town" shall mean any filming activity which impedes or which involves the blockage, interruption or closure, in whole or in part, of any public lands or private roads located within the Town.

A.              Filming and coverage by news media.In the event that the Chief of Police or his designee determines that police officers or traffic control officers will be necessary for the protection of the citizens or for the control of traffic during the filming or still photography, the applicant shall submit to the Town Clerk a fee of $1,000 for each day covered by the permit pursuant to Subsection F of § 138-3.

B.               Noncommercial filming by and intended for the exclusive use of the owner of private property and his/her immediate family.If the Chief of Police determines that the one-thousand-dollar-per-day traffic control fee will be fully expended prior to the termination of the permit period, the Chief of Police shall notify the Town Clerk. The Town Clerk shall contact the applicant in writing and require payment of an additional sum of money, said specific amount to be determined by the Chief of Police based on the salaries and the number of hours to be worked by the Town police and traffic control personnel. Said additional traffic control fee shall be paid within seven days of said notice. The applicant's failure to pay such additional fee within said seven-day period shall result in the Town Clerk's providing the applicant with written notice that the permit has been suspended and the date of such suspension. The applicant's receipt of the Town Clerk's suspension notice shall not be construed as altering the date of suspension set forth in said written notice, the effective date of the suspension being the day immediately following the completion of the seven-day notice period.

C.               Filming occurring on public lands or on private property resulting in an incidental use of public lands, and limited to the use of a handheld device, as defined herein.The procedure set forth in Subsection B may be repeated as necessary to ensure that the applicant pays for all costs incurred by the Town in providing traffic control services.

D.               Filming occurring on public lands for which the Town contracts with an applicant, or has otherwise established by local law, resolution, or by the rules and regulations adopted pursuant to this chapter a fee schedule and/or policy governing such activity. In such instances, said contract, fee schedule and/or policy shall apply.After termination of the filming, the Chief of Police shall provide the applicant with a statement regarding the actual cost to the Town of providing said police officers or traffic control officers. If the actual cost is less than the moneys that the Town has collected pursuant to Subsection A, B or C, the Town shall remit the balance to the applicant. If the actual cost is more than the moneys that the Town has collected pursuant to Subsections A, B or C, the applicant shall be responsible for providing the balance to the Town within 30 days of the termination of the filming or still photography.

E.               The Chief of Police shall forward a copy of the statement of actual cost to the Town Clerk who will file said statement with the original application form.

 

 

SECTION 5. Amendment.

 

Chapter 138 (Filming) Section 5 (Cleanup deposit) of the East Hampton Town Code is hereby amended to remove all provisions crossed out and by adding the underlined words as follows:

§ 138-5. Cleanup DepositApplication for a permit.

 

A.                Application form. An applicant may obtain an application form from the Town Chief of Police or the Town Clerk. The information requested on the application form shall include, without limitation, the following:

(1)                The name and address of the applicant.

(2)                The proposed location(s) of the filming or still photography.

(3)                The date(s) and time(s) the permit is intended to cover.

(4)                The number in the cast and crew.

(5)                The number of vehicles.

(6)                The person in charge on site.Each applicant whose application has been approved shall give the Town Clerk a certified check in the amount of $250 for each day covered by the permit, which check shall be held and not deposited by the Town during the duration of the permit period.

 

B.                Submission to Town Clerk. The following materials shall be submitted by the applicant to the Town Clerk, if still photography at least seven days before and if video photography at least fourteen days before, the proposed date to start the filming or still photography:

(1)                A completed application form.

(2)                A nonrefundable application fee. The Town Board, by resolution duly adopted, from time to time may establish or amend such fee amount.

(3)                A certificate of insurance and indemnification agreement pursuant to § 138-15. At the termination of the permit period, the Town Superintendent of Parks and Recreation or the Town Superintendent of Highways, as appropriate, shall inspect the locations listed on the permit and determine if the locations require cleanup efforts by Town personnel.

For each application, the Town Clerk has the discretion to waive the submission deadline.

 

C.                Review.

(1)               For applications for filming involving only still photography on private property, the application shall be reviewed and a determination shall be made by the Town Clerk to approve or disapprove based upon a determination whether the whether the proposed filming or still photography will constitute a threat to public safety, health or welfare by reason of time, location or duration of the activity or will unduly interfere with vehicular and/or pedestrian traffic.

(2)              For all other applications, the Town Clerk shall forward the application to the Chief of Police for approval or disapproval. Said approval or disapproval shall be based on the Chief of Police, or his designee, making a determination on whether the proposed filming or still photography will constitute a threat to public safety, health or welfare by reason of time, location or duration of the activity or will unduly interfere with vehicular and/or pedestrian traffic. The Chief of Police, or his designee, must refer all permits for comment to the Fire Marshall, Trustees, Highway Department and/or any other Town department or agency, should the application indicate that such entity may be effected by the approval of such application. Approval of the application by the Chief of Police, or his designee, may be conditioned on the payment of the traffic control fee set forth in § 138-6. The Chief of Police shall send the approved or disapproved application back to the Town Clerk.If cleanup is required, the Town Superintendent of Parks and Recreation or the Town Superintendent of Highways, as appropriate, will coordinate that effort. Said Superintendent will provide the Town Clerk with a statement setting forth the actual cost to the Town of providing said cleanup services. If the actual cost is less than the deposit collected pursuant to Subsection A, the Town shall remit the balance to the applicant. If the actual cost is more than the deposit collected pursuant to Subsection A, the applicant shall be responsible for providing the balance to the Town within 30 days of the termination of the filming or still photography.

 

D.                Review by Town Attorney. The Town Clerk shall forward the certificate of insurance and the indemnification agreement to the Town Attorney for approval. The Town Attorney shall send such approved or disapproved documents back to the Town Clerk.

 

E.                Permit fee. The Town Clerk shall calculate the permit fee required to be paid by an approved applicant as follows:

(1)                Film fee. The Town Board may, by resolution duly adopted, from time to time establish, amend or suspend film fees for each day covered by the permit.

(2)                Cleanup deposit. A fee for each location covered by the permit shall be paid pursuant to § 138-7, and the Town Board, by resolution duly adopted, from time to time may establish or amend such fee amount.

(3)                Traffic control fee. A fee for each day covered by the permit shall be paid if the Chief or Police, or his designee, requires payment of the traffic control fee pursuant to § 138-6.

(4)                Town property parking fee. If the applicant requests parking to facilitate the filming pursuant to the permit, and town property is suitable and available for such parking, a parking fee shall be paid, and the Town Board, by resolution duly adopted, from time to time may establish or amend such fee amount.If no cleanup is required, the Town Superintendent shall notify the Town Clerk of that fact, and the Town Clerk shall promptly remit the certified check to the applicant.

 

F.                Issuance of permit. The Town Clerk shall countersign an approved application. The Town Clerk shall collect the permit fee calculated pursuant to Subsection E from the applicant. Payment of the permit fee shall be in the form specified in § 138-8. Upon payment of the permit fee, the Town Clerk shall issue the permit to the applicant. The permit shall set forth the name of the applicant and the location(s), date(s) and time(s) of the filming or still photography.

 

G.              The Chief of Police, or his designee, may deny an application for a permit under this chapter after a review of the application, whenever a determination is made that the proposed filming would violate any law or ordinance or would unreasonably interfere with the public's use of public lands; unreasonably interfere with the use and enjoyment of adjoining properties; unreasonably impede the flow of vehicular or pedestrian traffic; be detrimental to the community because of anticipated excessive noise, illumination or other effect caused by the proposed filming, including, but not limited to, a potentially dangerous activity or creation of a dangerous condition, such as the use of explosives, the use of stunts, helicopters, firearms or simulated firearms; or otherwise endanger the public's health, safety or welfare. Such denial shall be in writing and shall specify the reasons for the denial.

 

H.               The Town reserves the right to impose additional and further requirements up to and through the date or dates of the filming activity, as deemed by the Town to be necessary to assure compliance with the requirements and purposes of this chapter.

 

I.               The Town reserves the right to immediately revoke any permit issued due to noncompliance with the requirements of the permit.

 

 

SECTION 6. Amendment.

 

Chapter 138 (Filming) Section 6 (Payment of fees) of the East Hampton Town Code is hereby amended to remove all provisions crossed out and by adding the underlined words as follows:

 

§ 138-6. Payment of feesTraffic control fee.

 

Any fee collected under this chapter shall be paid either in cash or by certified check make payable to the Town of East Hampton and shall be delivered to the Town Clerk.

 

A              In the event that the Chief of Police or his designee determines that police officers or traffic control officers will be necessary for the protection of the citizens or for the control of traffic during the filming or still photography, the applicant shall submit to the Town Clerk a fee of for each day covered by the permit pursuant to Subsection E of § 138-5, and the Town Board, by resolution duly adopted, from time to time shall establish or amend such fee amount.

 

B.                If the Chief of Police, or his designee, determines that a traffic control fee will be fully expended prior to the termination of the permit period, the Chief of Police, or his designee shall notify the Town Clerk. The Town Clerk shall contact the applicant in writing and require payment of an additional sum of money, said specific amount to be determined by the Chief of Police, or his designee based on the salaries and the number of hours to be worked by the Town police and traffic control personnel. Said additional traffic control fee shall be paid within seven days of said notice. The applicant's failure to pay such additional fee within said seven-day period shall result in the Town Clerk's providing the applicant with written notice that the permit has been suspended and the date of such suspension. The applicant's receipt of the Town Clerk's suspension notice shall not be construed as altering the date of suspension set forth in said written notice, the effective date of the suspension being the day immediately following the completion of the seven-day notice period.

 

C.                The procedure set forth in Subsection B may be repeated as necessary to ensure that the applicant pays for all costs incurred by the Town in providing traffic control services.

 

D.                After termination of the filming, the Chief of Police, or his designee shall provide the applicant with a statement regarding the actual cost to the Town of providing said police officers or traffic control officers. If the actual cost is less than the moneys that the Town has collected pursuant to Subsection A, B or C, the Town shall remit the balance to the applicant. If the actual cost is more than the moneys that the Town has collected pursuant to Subsections A, B or C, the applicant shall be responsible for providing the balance to the Town within 30 days of the permit period.

 

E              The Chief of Police, or his designee shall forward a copy of the statement of actual cost to the Town Clerk who will file said statement with the original application form.

 

 

SECTION 7. Amendment.

 

Chapter 138 (Filming) Section 7 (No donations accepted) of the East Hampton Town Code is hereby amended to remove all provisions crossed out and by adding the underlined words as follows:

§ 138-7. No donations acceptedCleanup deposit.

 

Other than the required fees, the Town shall not accept any donations from the applicant in connection with the granting of the permit. In addition, no Town official or employee shall make a recommendation to the applicant regarding a donation to a third party.

 

A              Each applicant whose application has been approved shall give the Town Clerk a check for a cleanup fee deposit for each location covered by the permit, which check shall be held and not deposited by the Town during the duration of the permit period. The Town Board, by resolution duly adopted, from time to time shall establish or amend such deposit fee amount.

 

B              At the termination of the permit period, the Town Superintendent of Parks and Recreation or the Town Superintendent of Highways, as appropriate, shall inspect the locations listed on the permit and determine if the locations require cleanup efforts by Town personnel.

 

C.                If cleanup is required, the Town Superintendent of Parks and Recreation or the Town Superintendent of Highways, as appropriate, will coordinate that effort. Said Superintendent will provide the Town Clerk with a statement setting forth the actual cost to the Town of providing said cleanup services. If the actual cost is less than the fee deposit collected pursuant to Subsection A, the Town shall remit the balance to the applicant. If the actual cost is more than the fee deposit collected pursuant to Subsection A, the applicant shall be responsible for providing the balance to the Town within 30 days of the termination of the permit period.

 

D.                If no cleanup is required, the Town Superintendent shall notify the Town Clerk of that fact, and the Town Clerk shall promptly remit the check to the applicant.

 

 

SECTION 8. Amendment.

 

Chapter 138 (Filming) Section 8 (Notice) of the East Hampton Town Code is hereby amended to remove all provisions crossed out and by adding the underlined words as follows:

§ 138-8. NoticePayment of fees.

 

Any fee collected under this chapter shall be paid either in cash or by check made payable to the Town of East Hampton and shall be delivered to the Town Clerk.The Town Clerk shall give notice to the Chief of Police, the Chief Building Inspector, the head of the Ordinance Enforcement Department and the Chief Fire Marshal, the Superintendent of Highways and the Superintendent of Parks and Recreation of each permit issued pursuant to this chapter.

 

SECTION 9. Amendment.

 

Chapter 138 (Filming) Section 9 (No alterations to Town Property) of the East Hampton Town Code is hereby amended to remove all provisions crossed out and by adding the underlined words as follows:

§ 138-9. No alterations to Town PropertyNo donations accepted.

 

Other than the required fees, the Town shall not accept any donations from the applicant in connection with the granting of the permit. In addition, no Town official or employee shall make a recommendation to the applicant regarding a donation to a third party.A permit holder shall be responsible for any damage to Town property or facilities that may result from the permit holder's activities. No alterations are to be made at filming or photography sites, including, without limitation, cutting trees, digging holes and trimming bushes, without the express authorization of the Town Board.

 

SECTION 10. Amendment.

 

Chapter 138 (Filming) Section 10 (Compliance with other laws) of the East Hampton Town Code is hereby amended to remove all provisions crossed out and by adding the underlined words as follows:

§ 138-10. Compliance with other lawsWaiver.

 

The Town Board, upon consent of a majority of its members, after due consultation, may authorize a waiver of the requirements and/or limitations of this chapter whenever it determines that strict compliance with such limitations or requirements will pose an unreasonable burden upon the applicant and that such permit may be issued without endangering the public's health, safety or welfare. In such instances, the Town Board may attach additional conditions and safeguards to ensure the orderly conduct of the activity and to minimize the impact of such use.Issuance of a permit pursuant to this chapter does not relieve the permit holder of its duty to comply with all other Town local laws, ordinances and regulations during the duration of the filming or photography.

 

SECTION 11. Amendment.

 

Chapter 138 (Filming) Section 11 (Insurance requirements) of the East Hampton Town Code is hereby amended to remove all provisions crossed out and by adding the underlined words as follows:

§ 138-11. Insurance requirementsPermit suspension in emergency circumstances.

During the course of filming, any authorized Town Code enforcement official, peace officer or a police officer may suspend any permit where public health or safety risks are found or where exigent circumstances warrant such action.Every application for a permit pursuant to this chapter shall include a certificate of insurance that evidences a public liability insurance policy covering the Town as an additional insured in the minimum amount of the $1,000,000 per occurrence for the duration of the filming or still photography. The applicant shall also submit an indemnification agreement that states that the applicant agrees to assume all liability for and will indemnify and hold the Town harmless of and free from any and all damages that occur to persons or property by reason of said filming or still photography.

 

SECTION 12. Amendment.

 

Chapter 138 (Filming) Section 12 (Permit available at film site) of the East Hampton Town Code is hereby amended to remove all provisions crossed out and by adding the underlined words as follows:

§ 138-12. Permit available at film siteNotice.

 

The Town Clerk shall give notice to the Chief of Police, the Chief Building Inspector, the head of the Ordinance Enforcement Department and the Chief Fire Marshal, the Superintendent of Highways and the Superintendent of Parks and Recreation of each permit issued pursuant to this chapter.The permit holder shall be required to have the permit available for inspection by the Town Police Department, or its designees, at the site of the filming or still photography for the duration of the permit period.

 

SECTION 13. Amendment.

 

Chapter 138 (Filming) Section 13 (Extension of permit period) of the East Hampton Town Code is hereby amended to remove all provisions crossed out and by adding the underlined words as follows:

§ 138-13. Extension of permit periodNo alterations to Town property.

 

A permit holder shall be responsible for any damage to Town property or facilities that may result from the permit holder's activities. No alterations are to be made at filming or photography sites, including, without limitation, cutting trees, digging holes and trimming bushes, without the express authorization of the Town Board.An applicant which has been granted a permit may submit to the Town Clerk a request to extend the duration of the permit. The Chief of Police, or his designee, will make the decision whether or not to grant such request. If permission is granted, the Town Clerk shall collect from the applicant an additional $100 for each additional day added to the permit period. The Town Clerk shall then modify the applicant's permit to indicate the granted extension period.

 

SECTION 14. Amendment.

 

Chapter 138 (Filming) Section 14 (Penalties for offenses) of the East Hampton Town Code is hereby amended to remove all provisions crossed out and by adding the underlined words as follows:

§ 138-14. Penalties for offensesCompliance with other laws.

 

Issuance of a permit pursuant to this chapter does not relieve the permit holder of its duty to comply with all other Town local laws, ordinances and regulations during the duration of the filming or photography.

A.               Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $1,000, and, in addition, anyone convicted hereunder of not complying with the requirements of § 138-4 and/or § 138-5 may be subject to a fine of not less than the amount of the actual costs incurred and owed to the Town, and not more than an amount equal to twice said actual costs.

B.               Each continuing day of violation of this chapter shall constitute a separate offense.

C.               In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, this chapter.

 

SECTION 15. Amendment.

 

Chapter 138 (Filming) Section 15 (Severability) of the East Hampton Town Code is hereby amended to remove all provisions crossed out and by adding the underlined words as follows:

§ 138-15. SeverablityInsurance requirements.

 

Every application for a permit pursuant to this chapter shall include a certificate of insurance that evidences a public liability insurance policy covering the Town as an additional insured in the minimum amount of the $1,000,000 per occurrence for the duration of the filming or still photography. The applicant shall also submit an indemnification agreement that states that the applicant agrees to assume all liability for and will indemnify and hold the Town harmless of and free from any and all damages that occur to persons or property by reason of said filming or still photography.The provisions of this local law are severable. If any provision of this local law or its application to any person or circumstance is held invalid, said invalidity shall not affect any other provision or application of this local law which can be given effect without the invalid provision or application of the local law.

 

 

SECTION 16. Amendment.

 

Chapter 138 (Filming) Section 16 (When effective) of the East Hampton Town Code is hereby amended to remove all provisions crossed out and by adding the underlined words as follows:

§ 138-16. When effectiveIPermit available at film site.

 

The permit holder shall be required to have the permit available for inspection by the Town Police Department, or its designees, at the site of the filming or still photography for the duration of the permit period.This local law shall take effect immediately upon filing with the Secretary of State as provided by law.

 

 

SECTION 17. Amendment.

 

Chapter 138 (Filming) of the East Hampton Town Code is hereby amended add a new Section 17 by adding the underlined words as follows:

§ 138-17. Penalties for offenses.

 

A.               Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $1,000, and, in addition, anyone convicted hereunder of not complying with the requirements of § 138-6 and/or § 138-7 may be subject to a fine of not less than the amount of the actual costs incurred and owed to the Town, and not more than an amount equal to twice said actual costs.

 

B.               Each continuing day of violation of this chapter shall constitute a separate offense.

 

C.               In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, this chapter.

 

 

SECTION 18. - Authority.

The proposed local law is enacted pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3) and Town Law §261.

 

SECTION 19. - Severability.

If any section of subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provisions so adjudged to be invalid or unconstitutional.

 

SECTION 20. - Effective Date.

This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

 

AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing:

NOTICE OF PUBLIC HEARING

Intro. #5 of 2017

              PLEASE TAKE NOTICE that a public hearing shall be held on April 6, 2017 at 6:30 p.m., at East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a local law entitled: “A LOCAL LAW amending Chapter 138 (Filming) to include commercial filming on private property in the permit process.”

Summary of Proposed Law

This proposed local law will include commercial filming on private property in the film permit process, will eliminate the exception to filming crews of five or less, and will provide for suspension of permits in emergency circumstances.

Copies of the proposed local law, sponsored by Councilperson Kathee Burke-Gonzalez, are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 .m.

                                         

                                                                                                  BY ORDER OF THE TOWN BOARD                                                                                                                              TOWN OF EAST HAMPTON, NEW YORK                                                                                                                 CAROLE BRENNAN, TOWN CLERK

 

 

 

ü Vote Record - Resolution RES-2017-323

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Adopted as Amended

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Yes/Aye

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Absent

Kathee Burke-Gonzalez

Mover

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Peter Van Scoyoc

Seconder

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Sylvia Overby

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Fred Overton

Voter

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Larry Cantwell

Voter

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3.              Resolution 2017-324

Category:              Amendment

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Human Resources

Amend the CSEA Schedule a to Add the Title of Senior Administrative Assistant

Whereas, The Town has requested that the title of Senior Administrative Assistant be added to the Schedule A.

 

Resolved, The CSEA Schedule A is hereby amended to reflect the addition of Senior Administrative Assistant at Grade 29 Starting Step $29.468.

 

 

 

ü Vote Record - Resolution RES-2017-324

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Adopted as Amended

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Mover

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Peter Van Scoyoc

Seconder

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Sylvia Overby

Voter

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Fred Overton

Voter

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Larry Cantwell

Voter

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4.              Resolution 2017-325

Category:              Personnel Misc.

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Human Resources

Amend CSEA Schedule "A" Title for Senior Airport Attendant

Whereas, Airport Director James Brundige suggested that an adjustment be made to the salary of Senior Airport Attendant to reflect the level of work performed and retain key personnel, now therefore be it,

 

Resolved, The CSEA Schedule A is hereby amended to reflect a reassignment of grade for the title Senior Airport Attendant to be paid from appropriate budgeted salary lines effective January 1, 2017:

 

Senior Airport Attendant - From Grade 18 (Starting Step $20.753) to Grade 22 (Starting Step $23.403)

 

 

 

ü Vote Record - Resolution RES-2017-325

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Adopted as Amended

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

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Absent

Kathee Burke-Gonzalez

Mover

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Peter Van Scoyoc

Seconder

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Sylvia Overby

Voter

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Fred Overton

Voter

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Larry Cantwell

Voter

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5.              Resolution 2017-326

Category:              Amendment

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Human Resources

Senior Airport Attendant Title Regrade

WHEREAS, the CSEA Schedule A is amended to reflect a reassignment of the Senior Airport Attendant title to Grade 22 on the salary schedule and therefore be it

 

RESOLVED, that Patrick Manzo, Senior Airport Attendant is on Grade 22, Step 2, at an hourly salary of $24.353, $50,654.24 annually for a 40 hour work week, to be paid from Budget Account SX5610-51100 bi-weekly upon proper submission of time records; said salary change is effective retroactive to January 1, 2017.

 

 

 

ü Vote Record - Resolution RES-2017-326

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Adopted as Amended

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Mover

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Peter Van Scoyoc

Seconder

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Sylvia Overby

Voter

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Fred Overton

Voter

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Larry Cantwell

Voter

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6.              Resolution 2017-327

Category:              Appointments

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Human Resources

Promote Nicole O'Donnell to Senior Administrative Assistant in Human Services

WHEREAS, Nicole O'Donnell is reachable on the Suffolk County Department of Civil Service Certified List of Eligibles #17SR094, and now therefore be it

 

RESOLVED, that Nicole O'Donnell be and is hereby promoted to Senior Administrative Assistant at $32.551 an hour (Grade 29 Step 5), $59,242.82 annually for a 35 hour work week to be paid bi-weekly from Budget Account A6773-51100 upon properly submitted time records; said appointment to be effective March 3, 2017.

 

 

 

ü Vote Record - Resolution RES-2017-327

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Mover

þ

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Peter Van Scoyoc

Seconder

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Sylvia Overby

Voter

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Fred Overton

Voter

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Larry Cantwell

Voter

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7.              Resolution 2017-328

Category:              Approvals

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Bookkeeping

Re-Establish Petty Cash for the TOEH Airport

WHEREAS,  The Town of East Hampton Airport had an established Petty Cash Fund in the amount of $75, which was issued to the prior Airport Manager and the last reconciliation (2015) received by Finance  indicated that there was $68.48 in receipts for expenditures, cash on hand in the amount of $7.16 leaving a shortage of $1.38 and said petty cash fund has been misplaced at the airport and has not been found.

 

WHEREAS, the current Airport Manager has requested that the $75 Petty Cash Fund be replenished and issued under his name as custodian, now therefore be it,

 

RESOLVED,  The Airport Petty Cash fund is hereby authorized payable to James Brundige, Airport Manager and the Town Clerk is authorized to accept the attached 2015 reconciliation that was reviewed by Finance, to replenish the Airport Petty Cash, in the absence of original receipts.

 

 

 

ü Vote Record - Resolution RES-2017-328

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Mover

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Peter Van Scoyoc

Seconder

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Sylvia Overby

Voter

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Fred Overton

Voter

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Larry Cantwell

Voter

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8.              Resolution 2017-329

Category:              Approvals

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Human Services

Qigong Instruction for Seniors

WHEREAS, Margaret A. Ianacone, BSHS, MSOM, LAC of Bamboo Roots Acupuncture has agreed to provide Qigong Instruction to Seniors at the Senior Center located at 128 Springs Fireplace Road, which is a Chinese method of wellness and fitness; and

WHEREAS, the series will consist of two eight (8) week sessions, Thursdays at 10:30AM.  The first beginning April 6th and ending June 1st and the second session beginning August 3rd and ending September 28th;

RESOLVED, the Town Board hereby approved sixteen (16) Senior Qigong classes to be provided by Margaret A. Ianocone.  Each session to cost $75.00, the total cost not to exceed $1,200 payable out of Budget Account #6772.54500 (Sr. Nutrition/ Subcontract) upon properly submitted voucher(s), and be it further

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

 

 

 

ü Vote Record - Resolution RES-2017-329

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Mover

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Peter Van Scoyoc

Seconder

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Sylvia Overby

Voter

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Fred Overton

Voter

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Larry Cantwell

Voter

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9.              Resolution 2017-330

Category:              Approvals

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Human Services

Authorize Payment of 2016 Invoice

WHEREAS, Senior Transportation Mini Bus Drivers are mandated to undergo DOT physical exams for drivers, and at times additional medical testing may be required, and

 

WHEREAS, in 2016 additional testing was required of a driver which has not been paid and there is a balance due of $32.37 to Southampton Hospital for this mandatory additional testing, and

 

RESOLVED, the Town Board approves payment of $32.37 to Southampton Hospital payable out of budget #A8991.54500.

 

 

 

ü Vote Record - Resolution RES-2017-330

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Mover

þ

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Peter Van Scoyoc

Seconder

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Sylvia Overby

Voter

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Fred Overton

Voter

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Larry Cantwell

Voter

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10.              Resolution 2017-331

Category:              Conference

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Human Services

Human Services Wellness Training

WHEREAS, Human Services staff provide services to the community on a daily basis, and in order to provide such services caring for one's health and well-being is vital; and

 

WHEREAS, Margaret A. Ianacone, BSHS, MSOM, LAC of Bamboo Roots Acupuncture has been authorized to provide a Wellness Workshop on April 14th from 9AM-11AM at the Senior Center and introduce Eastern Healing, How to Maintain Good Energy Levels & Health, and Qigong Exercise to Human Services staff;

 

RESOLVED, the Town Board authorizes this Human Services Wellness Workshop and the expense of this training in the amount of $200 to be paid from budget account #A6773.54500 (Human Services - Subcontract Costs); and be it further

 

RESOLVED, that a copy of this resolution be forwarded by the Town Clerk to the appropriate personnel.

 

 

 

ü Vote Record - Resolution RES-2017-331

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Mover

þ

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Peter Van Scoyoc

Seconder

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Sylvia Overby

Voter

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Fred Overton

Voter

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Larry Cantwell

Voter

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11.              Resolution 2017-332

Category:              Budget

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Bookkeeping

Appropriate 2016 East End Disabilities Group  Funding into 2017

Whereas, the 2016 Adopted Budget provided funding for East End Disabilities Group to make website improvements in the amount of $5,000. Due to timing issues, a vendor was not selected until recently and  the 2016 Funding closed to Unreserved Surplus at year end ; And  now be it

 

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

 

Increase:

 

Budget Line:  A0 41775  Approp. Unreserved Surplus   In the amount of  $ 5,000.00

 

 

Increase:

 

Budget Line:  A 6773 54944 East End Disabilities Group      in the amount of  $ 5,000.00

 

 

 

ü Vote Record - Resolution RES-2017-332

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Mover

þ

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Peter Van Scoyoc

Seconder

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Sylvia Overby

Voter

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Fred Overton

Voter

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Larry Cantwell

Voter

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12.              Resolution 2017-333

Category:              Agreements, Contracts

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Town Attorney

Amend Rate for Partner at Quinn Emanuel Urquhart & Sullivan, LLP  for 2017 for Aviation Appellate Matters

WHEREAS, that the Town of East Hampton has retained the services of Kathleen M. Sullivan of Quinn Emanuel Urquhart & Sullivan, LLP, as outside counsel to represent the Town in aviation appellate matters; and be it further

 

RESOLVED, that Quinn Emanuel Urquhart & Sullivan, LLP, had provided the Town Board with its updated rate schedule for 2017 with David M. Cooper listed in the Position of Counsel at the rate of $875.00 instead of Partner at the rate of $900.00; and be it further


RESOLVED, that Mr. David Cooper will be paid the Partner hourly rate of $900.00 retroactive to January 1, 2017; and be it further

 

RESOLVED, that said all other rates for Quinn Emanuel Urquhart & Sullivan LLP, will be paid according to the 2017 rate schedule.

 

 

 

ü Vote Record - Resolution RES-2017-333

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Mover

þ

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Peter Van Scoyoc

Seconder

þ

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Sylvia Overby

Voter

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Fred Overton

Voter

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¨

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Larry Cantwell

Voter

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13.              Resolution 2017-334

Category:              Bids Extended

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Purchasing

Contract Extension EH16-009 - Annual Contract for Food Service, Kitchenware & Chef Items-  Mivila Foods of NY, Inc., Barboy Products and W.B. Mason Company, Inc.

WHEREAS, the Town solicited bids in 2016 for the Annual Contract for Food Service, Kitchenware & Chef Items Bid No. EH16-009; and

 

WHEREAS, the bids of Mivila Foods of NY, Inc., Barboy Products & W.B. Mason Company, Inc., were the lowest bids received meeting the bid specifications; and

 

WHEREAS, the Town accepted the bids of Mivila Foods of NY, Inc., Barboy Products & W.B. Mason Company, Inc., and entered into an agreement that is renewable, upon agreement of the parties, for two (2) additional one (1) year terms; and

 

WHEREAS, the user Department has recommended extension of the agreement, for the Annual Contract for Food Service, Kitchenware & Chef Items, now, therefore, be it

 

RESOLVED, that the bid of Mivila Foods of NY, Inc. Is hereby accepted for Items 1,2,7,8,9,15,19,20,21,24,35,39,41-44,48,49,50,54,59,60,65,68,74,87,93,95,96,97,112,113,114,137,174,176 be it further

 

RESOLVED, that the bid of WB Mason Company, Inc. Is hereby accepted for Items 3,4,11,12,14,17,22,23,30,32,36,37,38,40,56,57,66,69,70,75-84,98-101,103-107,116-119,121,135-136,138,141-143,145-150,152,153,156-160,163,164,165,167,170,171,173,175,179 be it further

 

RESOLVED, that the bid of BarBoy Products, Inc. Is hereby accepted for Items 6,13,16,18,25,26,29,31,33,34,45,46,47,51,52,53,55,58,61-64,67,72,73,85,86,88-90,92,94,102,108-111,115,122-131,139,140,144,151,154,155,161,162,166,168,169,172 and the Purchasing Agent is hereby authorized to issue purchase orders in accordance with the Town's bid specifications and the bid submissions of the contractors.

 

 

 

ü Vote Record - Resolution RES-2017-334

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Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Mover

þ

¨

¨

¨

Peter Van Scoyoc

Seconder

þ

¨

¨

¨

Sylvia Overby

Voter

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

B.              COUNCILMAN VAN SCOYOC

1.              Resolution 2017-335

Category:              Local Law Public Hearing

Sponsors:              Councilman Peter Van Scoyoc

Department:              Town Attorney

Resolution Setting a Public Hearing to Consider Amending Chapter 240 (Vehicles and Traffic) to Amend Section 240-61 ("Schedule XI: Parking Prohibited at All Times") to the East Hampton Town Code to Allow Designated Parking on Laurel Drive

BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on April 6, 2017 at 6:30 p.m., or as soon after as this matter can be heard, at East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a local law entitled: “A Local Law Providing for the Amendment of Chapter 240 (Vehicles and Traffic) to Amend Section 240-61 (“Schedule XI: Parking Prohibited at All Times”) to the East Hampton Town Code to Allow for Designated Parking along certain portions of Laurel Drive” which provides as follows:

 

Introductory No. 6 of 2017

Local Law No.  ___ - 2017

 

A Local Law Providing for the Amendment of Chapter 240 (Vehicles and Traffic) to Amend Section 240-61 (“Schedule XI: Parking Prohibited at All Times”) to the East Hampton Town Code to Allow for Designated Parking along certain portions of Laurel Drive.

 

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

SECTION 1. Legislative Intent.

The intent of this legislation is to provide for two parking spots on Laurel Drive one of which shall be a handicap parking spot.

 

SECTION 2. Amendments.

Chapter 240 (Vehicles and Traffic) is hereby amended to remove the following crossed out words within the section and replace with the underlined words in alphabetical order as they would appear:

§ 240-61 Schedule XI:  Parking Prohibited at All Times.

Name of Street                                          Side                            Location

Laurel Drive                                          Both North Side              Entire Length

Laurel Drive                                          South Side                            From a point 181 feet Northwest from

the intersection of Davis Drive

to an end point of 221 feet

 

SECTION 3. Authority.                                                                                                                              

The Town Board is authorized to establish and promulgate rules and regulations regarding prohibiting, restricting, or limiting the stopping, standing or parking of vehicles pursuant to Vehicle and Traffic Law of the State of New York §1660.

SECTION 4.  Severability.

If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provisions so adjudged to be invalid or unconstitutional.

Section 5.  Effective Date.

This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing:

NOTICE OF PUBLIC HEARING

Introductory No. 6 of 2017

PLEASE TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on Thursday, April 6, 2017 at 6:30 p.m., or as soon after as this matter can be heard, at East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a local law entitled: “A Local Law Providing for the Amendment of Chapter 240 (Vehicles and Traffic) to Amend Section 240-61 (“Schedule XI: Parking Prohibited at All Times”) to the East Hampton Town Code to Allow for Designated Parking along certain portions of Laurel Drive.”

Summary of Proposed Law

The Town Board seeks to provide a handicap parking by permit space and one permitted parking space on Laurel Drive.

Copies of the proposed local law, sponsored by Peter VanScoyoc are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

 

 

ü Vote Record - Resolution RES-2017-335

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Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

þ

¨

¨

¨

Peter Van Scoyoc

Mover

þ

¨

¨

¨

Sylvia Overby

Seconder

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

2.              Resolution 2017-336

Category:              Local Law Public Hearing

Sponsors:              Councilman Peter Van Scoyoc

Department:              Town Attorney

Resolution Setting a Public Hearing to Consider Amending Chapter 240 (Vehicles and Traffic) to Provide for No Standing Zones at Indian Wells and Atlantic Avenue

BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on April 6, 2017 at 6:30 p.m., or as soon after as this matter can be heard, at East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a local law entitled: “A Local Law Providing for the Amendment of Chapter 240 (Vehicles and Traffic), Section 240-63, (Schedule XIII: No Standing.) of the East Hampton Town Code, to provide for designated no standing zones at Atlantic Avenue and Indian Wells Beach to allow for emergency access” which provides as follows:

Introductory No. _7_ of 2017

Local Law No.  ___ - 2017

A Local Law Providing for the Amendment of Chapter 240 (Vehicles and Traffic), Section 240-63, (Schedule XIII: No Standing.) of the East Hampton Town Code, to provide for designated no standing zones at Atlantic Avenue and Indian Wells Beach to allow for emergency access.

 

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

SECTION 1. Legislative Intent.

It is the intent of this legislation to add a no standing zone as a public safety measure at the recommendation of the Superintendent of Recreation.

 

SECTION 2. Amendments.

Chapter 240 (Vehicles and Traffic) is hereby amended to add the following underlined words in proper alphabetical order within the section:

§240-58 (Schedule XIII: No Standing.)

Name of Street                            Side                                          Location

Indians Wells Hwy                            Southwest                            A portion of the southwestern corner of

the parking area marked by hash marks.

 

Atlantic Avenue                            Southwest                            A portion of the southwestern corner of

the parking area marked by hash marks.

 

Atlantic Avenue                            Southeast                            A portion of the southeastern corner of

the parking area marked by hash marks.

 

SECTION 3. Authority.              

The Town Board is authorized to establish and promulgate rules and regulations regarding traffic control pursuant to New York State Town Law §130 and New York State Vehicle and Traffic Law §1660.

 

Section 5.  Effective Date.

This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing:

NOTICE OF PUBLIC HEARING

Introductory No. 7_ of 2017

PLEASE TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on Thursday, April 6, 2017 at 6:30 p.m., or as soon after as this matter can be heard, at East Hampton Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a local law entitled: “A Local Law Providing for the Amendment of Chapter 240 (Vehicles and Traffic), Section 240-63, (Schedule XIII: No Standing.) of the East Hampton Town Code, to provide for designated no standing zones at Atlantic Avenue and Indian Wells Beach to allow for emergency access.

 

Summary of Proposed Law

This proposed local law will create a no standing zone at certain beach access points on Atlantic Avenue and Indian Wells beach.

 

Copies of the proposed local law, sponsored by Supervisor Larry Cantwell are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

 

 

ü Vote Record - Resolution RES-2017-336

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

þ

¨

¨

¨

Peter Van Scoyoc

Mover

þ

¨

¨

¨

Sylvia Overby

Seconder

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

3.              Resolution 2017-337

Category:              Appointments

Sponsors:              Councilman Peter Van Scoyoc

Department:              Human Resources

Promote Carol Bennett to Senior Administrative Assistant in the Highway Department

WHEREAS, Carol Bennett is reachable on the Suffolk County Department of Civil Service Certified List of Eligibles #17SR094, and now therefore be it

 

RESOLVED, that Carol Bennett be and is hereby promoted to Senior Administrative Assistant at $32.551 an hour (Grade 29 Step 5), $67,706.08 annually for a 40 hour work week to be paid bi-weekly from Budget Account A5010-51100 upon properly submitted time records; said appointment to take effect March 3, 2017.

 

 

 

ü Vote Record - Resolution RES-2017-337

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

þ

¨

¨

¨

Peter Van Scoyoc

Mover

þ

¨

¨

¨

Sylvia Overby

Seconder

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

4.              Resolution 2017-338

Category:              Bids to Notice

Sponsors:              Councilman Peter Van Scoyoc

Department:              Purchasing

Notice to Bidders - EH17-011 - Refuse Collection Truck for Parks & Recreation 2017 Bid Available March 16, 2017- Bid Due March 31, 2017

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 Parks & Recreation Department, that the Purchasing Department be and hereby is authorized to advertise for public bid as per the following:

 

                                                                      NOTICE TO BIDDERS

 

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

 

                        Refuse Collection Truck for Parks & Recreation 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 March 16, 2017.  These specifications have met with the approval of the Purchasing Department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Refuse Collection Truck for Parks & Recreation 2017."

 

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

                           

EH17-011              Refuse Collection Truck                                          March 31, 2017

                            for Parks & Recreation 2017                                                         

 

and, be it further

 

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

 

 

 

ü Vote Record - Resolution RES-2017-338

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

þ

¨

¨

¨

Peter Van Scoyoc

Mover

þ

¨

¨

¨

Sylvia Overby

Seconder

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

5.              Resolution 2017-339

Category:              Bids to Notice

Sponsors:              Councilman Peter Van Scoyoc

Department:              Purchasing

Notice to Bidders - EH17-012, Lease of Electric Vehicles for Various Departments Bid Available 3/23/17 - Bid Due 4/6/17

WHEREAS, the Town of East Hampton wishes to lease electric vehicles for various departments; 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 Purchasing Agent, March 6, 2017 at 3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

                                                    Lease of Electric Vehicles for Various Departments

 

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 March 23, 2017.  These specifications have met with the approval of the Purchasing Department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Lease of Electric Vehicles for Various Departments"

 

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

                           

EH17-012              Lease of Electric Vehicles for                            April 6, 2017

                            Various Departments

 

and, be it further

 

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

 

Funding?

 

 

ü Vote Record - Resolution RES-2017-339

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

þ

¨

¨

¨

Peter Van Scoyoc

Mover

þ

¨

¨

¨

Sylvia Overby

Seconder

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

6.              Resolution 2017-340

Category:              Bids Accepted

Sponsors:              Councilman Peter Van Scoyoc

Department:              Purchasing

Accept Proposal -  RFP# EH2017-101 - Household Hazardous Waste Collection Days -  Care Environmental Corp.

WHEREAS, the Town Board solicited proposals for Household Hazardous Waste Collection Days in East Hampton; and

 

WHEREAS, the proposal of Care Environmental Corp., was the proposal received which best met the proposal guidelines and being in proper form; now, therefore be it

 

RESOLVED, that at the recommendation of the user department, the proposal of Care Environmental is hereby accepted, and be it further

 

RESOLVED, that the Town Supervisor is hereby authorized to enter into an Agreement with Care Environmental Corp. for the provision of services in accordance with the Contractor's response to the Request for Proposals, said agreement to be subject to the review and approval of the Town Attorney. 

 

 

 

ü Vote Record - Resolution RES-2017-340

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

þ

¨

¨

¨

Peter Van Scoyoc

Mover

þ

¨

¨

¨

Sylvia Overby

Seconder

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

7.              Resolution 2017-341

Category:              Change Orders

Sponsors:              Councilman Peter Van Scoyoc

Department:              Town Attorney

Approve Change Order #1 - EH16-049 - Camp Hero Pump Station Upgrades & Repairs

WHEREAS, the Town Board solicited a bid for Camp Hero Pump Stations Upgrades and Miscellaneous Repairs, Bid No. EH16-049 and by Resolution 2017-0207, the Town Board awarded the bid to Atlantic Wells, Inc., as the lowest bid received meeting the bid specifications and being in proper form; and

 

WHEREAS, at the time of bid review and award the Town had to perform certain emergency repairs to the Camp Hero system in order to keep the system operational for the residents and the emergency repairs consisted of certain work the Town had planned on performing as a part of the work required in the specifications for EH16-049; and

 

WHEREAS, as a result of such emergency repairs, the Town's consulting engineer, Pio Lombardo, Lombardo Associates, Inc. has prepared a change order to reflect the removal of certain elements of work already performed by the Town, resulting in a cost reduction on the Contract in the amount of $6,000.00; now, therefore, be it

 

RESOLVED, that the Town Board hereby approves Change Order #1 in the amount of $6,000.00, reducing the total contract amount with Atlantic Wells, Inc. from $144,000.00 to $138,000.00; and be it further

 

RESOLVED, that except as amended herein as to the total contract cost, Resolution 2017-207 is affirmed in all other respects, and the Contractor shall be paid for such work from budget fund HA8130-52012-15006 upon submission and approval of appropriate payment requests.

 

 

 

ü Vote Record - Resolution RES-2017-341

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

þ

¨

¨

¨

Peter Van Scoyoc

Mover

þ

¨

¨

¨

Sylvia Overby

Seconder

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

8.              Resolution 2017-342

Category:              Budget

Sponsors:              Councilman Peter Van Scoyoc

Department:              Bookkeeping

Apprpriation of Surplus for Snow Removal Expenses

Whereas, Town Law Section 112 1. states undedicated surplus can only be used at that point in the fiscal year when the extent of  "the total of all revenues such fund recognized or reasonably expected to be recognized in the current fiscal year together with unappropriated unreserved fund balance, exceeds the total of all revenues and appropriated fund balance estimated in the budget,"  and

 

Whereas, the Town is at that point with respect to the Highway Fund, now therefore be it

 

Resolved, that the Budget Office is directed, at the request of the Highway Superintendent, to make the following adjustment to the 2017 Highway Fund Budget for the purpose of snow removal:

 

Add $100,000 to DB0 41775 (Appropriation of Undedicated Surplus)

Add $100,000 to DB5142-54505 (Subcontractors - Snow Removal)

 

 

 

ü Vote Record - Resolution RES-2017-342

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

þ

¨

¨

¨

Peter Van Scoyoc

Mover

þ

¨

¨

¨

Sylvia Overby

Seconder

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

9.              Resolution 2017-343

Category:              Bids Accepted

Sponsors:              Councilman Peter Van Scoyoc

Department:              Purchasing

Accept Bid EH17-005, Purchase & Delivery of Jet Ski -  Maximum Motorsports

WHEREAS, the Town Board solicited bids for the purchase & delivery of one (1) Jet Ski for the Town of East Hampton; and

 

WHEREAS, the bid of Maximum Motorsports was the lowest bid received for the Jet Ski, meeting the bid specifications and being in proper form; and

 

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

 

RESOLVED, that the bid of Maximum Motorsports, LLC. for one (1) Jet Ski in the amount of $9.499.00 is hereby accepted, and the Purchasing Agent is hereby authorized to issue a purchase order in accordance with the Town's bid specifications and the bid submission of the contractor.

 

 

 

ü Vote Record - Resolution RES-2017-343

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

þ

¨

¨

¨

Peter Van Scoyoc

Mover

þ

¨

¨

¨

Sylvia Overby

Seconder

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

10.              Resolution 2017-344

Category:              Agreements, Contracts

Sponsors:              Councilman Peter Van Scoyoc

Department:              Town Attorney

Authorize License Agreement with East Hampton Trails Preservation Society, Inc. for Use of the Outbuilding at Fort Pond House

WHEREAS, East Hampton Trails Preservation Society, Inc. is a not-for-profit organization that is dedicated to the establishment, protection, maintenance, and enjoyment of trails, paths, and natural lands in the Town of East Hampton; and,

WHEREAS, East Hampton Trails Preservation Society, Inc. requested a three year license agreement with two one year options so that it may utilize storage space at the outbuilding at Fort Pond House to maintain equipment used by volunteers to keep the trails clear and blazed; and,

WHEREAS, the Town of East Hampton is supportive of a three year license agreement with two one year renewal options in the amount of zero dollars provided the Town receive proof of proper insurance; and,

WHEREAS, the Town reserves the right to cancel the License agreement any time prior to the termination of said agreement now therefore be it

RESOLVED, that the Supervisor is hereby authorized and directed to execute a license agreement, in a form to be approved by the Office of the Town Attorney, for use of storage space in the outbuilding at Fort Pond House to keep the trails clear and blazed for the Town of East Hampton.

 

 

 

ü Vote Record - Resolution RES-2017-344

þ

Adopted

¨

Adopted as Amended

¨

Defeated

¨

Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

þ

¨

¨

¨

Peter Van Scoyoc

Mover

þ

¨

¨

¨

Sylvia Overby

Seconder

þ

¨

¨

¨

Fred Overton

Voter

þ

¨

¨

¨

Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

C.              COUNCILWOMAN OVERBY

1.              Resolution 2017-345

Category:              Public Hearing

Sponsors:              Councilwoman Sylvia Overby

Department:              Town Attorney

Schedule Public Hearing and Notice of Public Hearing  Scenic & Conservation Easement

              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, April 6, 2017, 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 the following scenic & conservation easement to the Town of East Hampton:

 

GRANTOR: Robert J. Owen Living Trust

TYPE OF EASEMENT: Scenic & Conservation Easement

DATE OF EASEMENT: June 28, 2016

LOCATION:              33 Hands Creek Road

                            SCTM #300-151-02-13.3

                           

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 March 23, 2017 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, April 6, 2017 at 6:30 p.m. or as soon thereafter as this matter may be heard, concerning the following grant of the following scenic & conservation easement to the Town of East Hampton:

 

GRANTOR: Robert J. Owen Living Trust

TYPE OF EASEMENT: Scenic & Conservation Easement

DATE OF EASEMENT: June 28, 2016

LOCATION:              33 Hands Creek Road

                            SCTM #300-151-02-13.3

                           

REVIEWING AGENCY: Planning Board              ;

 

 

 

ü Vote Record - Resolution RES-2017-345

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Absent

Kathee Burke-Gonzalez

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Peter Van Scoyoc

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Sylvia Overby

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Fred Overton

Seconder

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Larry Cantwell

Voter

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2.              Resolution 2017-346

Category:              Permissive Referendum

Sponsors:              Councilwoman Sylvia Overby

Department:              Town Attorney

Authorize Lease Extension Agreement for Five Years for EECO Farm

WHEREAS, the Town has previously entered into a lease agreement for the lease of the Town-owned farmland at Long Lane, East Hampton with East End Community Farm and Gardens (EECO Farm); and

WHEREAS, the lease is due to expire in March of 2017; and

WHEREAS, EECO Farm has requested that the lease be renewed prior to its expiration date in order to facilitate their planning for the following year; and

WHEREAS, EECO Farm has been a successful operation bringing many benefits to the community including teaching children and families organic farming techniques, spreading information on organic farming and distribution of organic vegetables to the community; and

WHEREAS, both the Town of East Hampton and EECO farm desire to enter into a lease for an additional five (5) year period, now therefore be it

RESOLVED, that subject to permissive referendum, the Supervisor is hereby authorized to enter into a five year lease commencing upon full execution of the lease agreement with EECO Farm, Ltd. for lease of the premises as farmland for $200/acre per year, the parties agreeing that the premises consists of forty-two (42) acres of farmland.

Notice of Permissive Referendum

NOTICE IS HEREBY GIVEN that the Town Board of the Town of East Hampton, County of Suffolk, State of New York, at a meeting thereof held on March 16, 2017 duly adopted a resolution, an abstract of which follows:

A resolution, subject to permissive referendum, authorizing the Town Supervisor to execute a five-year lease with EECO Farm, Ltd, for the lease of Town-owned farmland on Long Lane, East Hampton, described as SCTM #0300-185-20-1, consisting of approximately forty-two (42) acres, for an annual lease sum of $200/acre per year, and subject to various terms and conditions as set forth in the lease agreement, a copy of which is available in the Office of the Town Clerk.

 

 

 

ü Vote Record - Resolution RES-2017-346

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Adopted as Amended

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Yes/Aye

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Absent

Kathee Burke-Gonzalez

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Peter Van Scoyoc

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Sylvia Overby

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Fred Overton

Seconder

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Larry Cantwell

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3.              Resolution 2017-347

Category:              Agreements, Contracts

Sponsors:              Councilwoman Sylvia Overby

Department:              Town Attorney

Amend License Agreement - Lester/Labrozzi Property

WHEREAS, by Resolution 2011-864, the Town Board approved the use of the property at the intersection of North Main Street and Cedar Street (SCTM 0300-163-6-25, 26 & 31) consisting of approximately three (3) acres and containing the historic Selah Lester house and barn, as a farm museum, and subsequently, by Resolution 2014-1486 authorized a license agreement between the Town and East Hampton Farm Corp. for the use of the premises as a farm museum; and

 

WHEREAS, by the terms of the license agreement approved by the Town Board, the license term was for a period of five (5) years with three (3) five (5) year renewals, for a total term of 20 years; and

 

WHEREAS, the Town Board has learned that an extended license term increases the licensee's potential to obtain grant funding, and the Town Board is agreeable to revise the license agreement to provide for longer license terms; now, therefore, be it

 

RESOLVED, that the Town Board hereby authorizes the revision of the license agreement to provide for East Hampton Farm Corp. to utilize the Lester Labrozzi house and barn as a Farm Museum for an initial term of ten (10) years, with one renewal term of ten (10) years, with the initial term to commence at the same time the initial five (5) year term set forth in the existing Agreement commenced; and be it further

 

RESOLVED, that except as amended herein, the authorizations set forth in Resolutions 2011-864 and 2014-1486, together with the license agreement, as amended herein are affirmed by this Board.

 

 

 

ü Vote Record - Resolution RES-2017-347

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Adopted as Amended

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Defeated

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Tabled

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Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

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Peter Van Scoyoc

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Sylvia Overby

Mover

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Fred Overton

Seconder

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Larry Cantwell

Voter

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4.              Resolution 2017-348

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

Sponsors:              Councilwoman Sylvia Overby

Department:              Town Attorney

Retain Engineer - Methane Monitoring Landfill Sites

WHEREAS, the Town of East Hampton has installed various methane monitoring wells at and around the Springs-Fireplace Road Landfill and the Montauk Landfill; and

 

WHEREAS, in accordance with the current New York State Department of Environmental Conservation (NYSDEC) approved monitoring schedule, the Town must retain the services of a licensed professional engineer to perform quarterly monitoring of the wells; and

 

WHEREAS, FPM Group, Ltd. has performed the monitoring of these wells for many years and are fully familiar with the requirements of the DEC as well as the specific circumstances of each landfill, and has submitted proposals to conduct the methane monitoring for both the Springs-Fireplace Road Landfill and the Montauk Landfill for 2017; and

 

WHEREAS, the Town Board wishes to retain the services of FPM Group, Ltd. to perform the required monitoring for 2017; now, therefore, be it

 

RESOLVED, that FPM Group, Ltd. is hereby retained to perform methane monitoring services for the Springs-Fireplace Road Landfill and the Montauk Landfill for the 2017 calendar year, at a cost not to exceed $54,402.52 For the Montauk Landfill and $49,732.72 for the Springs-Fireplace Road landfill, said costs to be paid from budget account # SR8160-54900.

 

 

 

ü Vote Record - Resolution RES-2017-348

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

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Peter Van Scoyoc

Voter

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Sylvia Overby

Mover

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Fred Overton

Seconder

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Larry Cantwell

Voter

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5.              Resolution 2017-349

Category:              Fees

Sponsors:              Councilwoman Sylvia Overby

Department:              Police Department

Pay 2016 Outstanding Invoice for Civil Defense to O'Gara Satellite Systems

WHEREAS, it has been ascertained by the Purchasing Department that O'Gara Satellite Systems 2016 Invoice No. 19542 dated 1/2/2016 in the amount of $768.00 was never paid; now, therefore be it

 

RESOLVED, the Town will pay the 2016 outstanding invoice in the amount of $768.00, payable from Budget Account #A3640.54300 upon properly submitted voucher.

 

 

 

ü Vote Record - Resolution RES-2017-349

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

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Peter Van Scoyoc

Voter

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Sylvia Overby

Mover

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Fred Overton

Seconder

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Larry Cantwell

Voter

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6.              Resolution 2017-350

Category:              Fees

Sponsors:              Councilwoman Sylvia Overby

Department:              Police Department

Pay 2014, 2015 and 2016 Outstanding Invoices for PD to O'Gara Satellite Systems

WHEREAS, it has been ascertained by the Purchasing Department that O'Gara Satellite Systems 2014, 2015 and 2016 Invoice Numbers 17896, 19427, and 19543 in the amount of $768.00 respectively totaling $2,304.00 were never paid; now, therefore be it

 

RESOLVED, the Town will pay the outstanding invoices in the total amount of $2,304.00, payable from Budget Account #B3120.54300 upon properly submitted voucher.

 

 

 

ü Vote Record - Resolution RES-2017-350

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

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Peter Van Scoyoc

Voter

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Sylvia Overby

Mover

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Fred Overton

Seconder

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Larry Cantwell

Voter

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7.              Resolution 2017-351

Category:              Personnel Misc.

Sponsors:              Councilwoman Sylvia Overby

Department:              Human Resources

Grant FMLA Maternity Leave to Maura Gledhill

RESOLVED, that, in accordance with the CSEA Town of East Hampton Bargaining Unit Contract and in compliance with the Family and Medical Leave Act FMLA, Maura Gledhill be and she is hereby granted a 90 day/12 week maternity leave effective retroactive to February 20, 2017.  In accordance with the provisions of the Family Medical Leave Act, medical benefits will continue and available accrued sick, vacation and personal time will be paid prior to the utilization of unpaid leave.

 

 

 

ü Vote Record - Resolution RES-2017-351

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

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Peter Van Scoyoc

Voter

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Sylvia Overby

Mover

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Fred Overton

Seconder

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Larry Cantwell

Voter

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8.              Resolution 2017-352

Category:              Appointments

Sponsors:              Councilwoman Sylvia Overby

Department:              Human Resources

Probationary Period Completed for Police Officer Jessie Stavola

WHEREAS, the Town Board appointed Jessie Stavola to the position of Police Officer on July 26, 2015 pending completion of her probationary period, and

 

WHEREAS, Jessie Stavola has successfully completed her probationary period of 18 months, now therefore be it

 

RESOLVED, that Jessie Stavola be permanently appointed to the position of Police Officer retroactive to January 26, 2017 with no change in salary or budget account.

 

 

 

ü Vote Record - Resolution RES-2017-352

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

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Peter Van Scoyoc

Voter

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Sylvia Overby

Mover

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Fred Overton

Seconder

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Larry Cantwell

Voter

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D.              COUNCILMAN OVERTON

1.              Resolution 2017-353

Category:              Appointments

Sponsors:              Councilman Fred Overton

Department:              Human Resources

Appoint Nicole Desiree Eggert  Temporary Clerk Typist in the Town Attorney's Office

RESOLVED, Nicole Desiree Eggert be and is hereby appointed temporary clerk typist in the Town Attorney's office for a 40 hour work week to be paid $19.475 an hour (Grade 12 Step 5) bi-weekly from Budget Account A1420-51100 upon properly submitted time records; said appointment is in effect form March 20, 2017 through June 16, 2017.

 

 

 

ü Vote Record - Resolution RES-2017-353

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Adopted

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Seconder

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Peter Van Scoyoc

Voter

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Sylvia Overby

Voter

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Fred Overton

Mover

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Larry Cantwell

Voter

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2.              Resolution 2017-354

Category:              Budget