East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

Town Board Meeting of October 5, 2017
East Hampton, New York

 

 

I.              Call to Order

6:30 PM Meeting called to order on October 5, 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

Absent

 

Larry Cantwell

Town of East Hampton

Supervisor

Present

 

Steve Graham

Town of East Hampton

Deputy Town Clerk

Present

 

Michael Sendlenski

Town of East Hampton

Town Attorney

Present

 

II.              Public Hearings

1.              Kaushik SPH NPH CPF Project Plan Addition

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, October 5, 2017, beginning at 6:45 PM and adjourning at 7:05  PM.

 

A motion was made by Councilman VanScoyoc, seconded by Councilwoman Overby, to combine public hearing 1 & 2.  All in favor.

 

Deputy Town Clerk Harold Graham read both Notice of Public Hearings as posted and published as required by law

 

Scott Wilson from the Land Acquisition office gave an overview on the characteristics that make this property an appropriate use for Community preservation funds.

 

The following persons spoke at the hearing:

 

Simon Kinsella, who lives close to the property spoke in favor the acquisition of this parcel.

 

Sara Davidson, a Wainscott resident supports the acquisition and would like to see this parcel become a park.

 

Martin Drew spoke about the parcel believing that forrested land would be the best to improve the water quality.

 

Annie Hall, a Wainscott Resident and member of the Friends of Georgica Pond fully supports this effort and would like to thank Scott Wilson and the Town Board.

 

Carolyn Gluck a resident of Wainscott on Sayre's path expressed gratefullness and support to the Town Board to consider this acquisition.

 

Jose Arranda, a Wainscott resident fully supports this acquisition.

 

Mariann limberg, a resident of Wainscott who knows how difficult acquisitions like these are commended the board for their work on this project.

 

Phillip Young, a supporter of Wainscott Commercial development also supports this acquisition due to its proximity to the local homes and to help the water quality.

 

Carol Slater, a Wainscott resident would like to thank the board for listening to the concerns of the residents and believes this is a really good move by the Town Board.

 

Richard Meyers, a Wainscott resident speaking on behalf of himself fully supports the Town Board project.

 

A man spoke in favor of the project.

 

 

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

RESULT:              CLOSED [UNANIMOUS]

MOVER:              Peter Van Scoyoc, Councilman

SECONDER:              Sylvia Overby, Councilwoman

AYES:              Kathee Burke-Gonzalez, Peter Van Scoyoc, Sylvia Overby, Larry Cantwell

ABSENT:              Fred Overton

2.              Estate of Isha Kaushik SPH NPH CPF Acquisition and Amend 2017 M&S Plan

COMMENTS - Current Meeting:

See Public Hearing # 1

RESULT:              CLOSED [UNANIMOUS]

MOVER:              Peter Van Scoyoc, Councilman

SECONDER:              Sylvia Overby, Councilwoman

AYES:              Kathee Burke-Gonzalez, Peter Van Scoyoc, Sylvia Overby, Larry Cantwell

ABSENT:              Fred Overton

3.              Dragotta SPH NPH CPF Acquisition and Amend 2017 M&S Plan

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, October 5, 2017, beginning at 6:30 PM and adjourning at 6:  PM.

 

Deputy Town Clerk Harold Graham read the Notice of Public Hearing as posted and published as required by law.

 

The following persons spoke at the hearing:

 

Scott Wilson presented to the board the characteristics that make this property an appropriate use of Community Preservation Funds.

 

David Buda from The Springs, does not believe this property is in the Community Preservation project plan. He also stated that this is a non-conforming lot with no wet lands, not in the harbor protection overlay district. He also believes that the $455,000 dollar price for this property is is high.

 

Martin Drew, echoed the concerns expressed by David Buda. He believes the Town needs to implement a transfer of develpoment rights program. He also posed a question why the language on the two resolutions were different.

 

Scott Wilson will be double checking to see if this property is on the Community Preservation Project Plan.

 

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

RESULT:              CLOSED [UNANIMOUS]

MOVER:              Peter Van Scoyoc, Councilman

SECONDER:              Sylvia Overby, Councilwoman

AYES:              Kathee Burke-Gonzalez, Peter Van Scoyoc, Sylvia Overby, Larry Cantwell

ABSENT:              Fred Overton

4.              Notice of Public Hearing 2018 Section 8 Administrative Plan

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, October 5, 2017, beginning at 6:30 PM and adjourning at 6:  PM.

 

Deputy Town Clerk Harold Graham read the Notice of Public Hearing as posted and published as required by law.

 

The following persons spoke at the hearing:

 

Linda Norris spoke on behalf of the Office of Housing and Community Development. She mentioned that the waiting list will be maintained completely online and a laptop will be available for people to use in case they do not have a computer or need hands on assistance. She also stated that the list will be open for the first time since 2012.

 

 

Martin Drew asked the question on how many vouchers are available. He also asked how many applications they might expect from this.

 

Linda Norris stated they have 107 active units and are able to have 189 units. Currently the waiting has no active. The list is also open to everyone in the United States of America, not just the Town of East Hampton so they are not sure how many applications will be received.

 

 

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

RESULT:              CLOSED [UNANIMOUS]

MOVER:              Peter Van Scoyoc, Councilman

SECONDER:              Sylvia Overby, Councilwoman

AYES:              Kathee Burke-Gonzalez, Peter Van Scoyoc, Sylvia Overby, Larry Cantwell

ABSENT:              Fred Overton

5.              Cold War Veterans Exemption Revision Chapter 225 "Taxation"

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, October 5, 2017, beginning at 6:30 PM and adjourning at 6:  PM.

 

Deputy Town Clerk Harold Graham read the Notice of Public Hearing as posted and published as required by law.

 

The following persons spoke at the hearing:

 

David Buda, asked about the anticipated fiscal impact of this exemption and will there will be people who have capped out after 10 years who can reapply for this exemption. He would like to see the fiscal impact numbers presented.

 

According to the Town Board, 14 out of 24,000 people currently qualify.

 

Martin Drew, supports any law that would help the veterans.

 

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

RESULT:              CLOSED [UNANIMOUS]

MOVER:              Peter Van Scoyoc, Councilman

SECONDER:              Sylvia Overby, Councilwoman

AYES:              Kathee Burke-Gonzalez, Peter Van Scoyoc, Sylvia Overby, Larry Cantwell

ABSENT:              Fred Overton

6.              Resolution Setting a Public Hearing to Consider Amending Chapter 240 (Vehicles and Traffic) to Adopt Section 240 - 27.6 (Prohibited Parking on Grass) to the East Hampton Town Code to Restrict Parking on a Grass Area Between Edgemere Street and Edgemere 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, October 5, 2017, beginning at 6:30 PM and adjourning at 6:  PM.

 

Deputy Town Clerk Harold Graham read the Notice of Public Hearing as posted and published as required by law.

 

The following persons spoke at the hearing:

 

Maryann Paluso who lives 244 Edgemere street, which is located across the street from the proposed area where parking would be banned. She believes that this is a public safety concern due to the visibility and the proximity to the stop sign located there. There is also a concern that emergency vehicles cannot pass while there is parking at this location. The parking a tthis location has also adversely affected her quality life.

 

John Quinn, who also lives on the road, asked who owns the property. Spoke about the publicy safety concern and how it effects his quality of life. He supports this local law.

 

Martin Drew supports this proposal, and would like to see a project like this in Springs.

 

 

 

 

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

RESULT:              CLOSED [UNANIMOUS]

MOVER:              Peter Van Scoyoc, Councilman

SECONDER:              Sylvia Overby, Councilwoman

AYES:              Kathee Burke-Gonzalez, Peter Van Scoyoc, Sylvia Overby, Larry Cantwell

ABSENT:              Fred Overton

7.              Phillips 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, October 5, 2017, beginning at 6:39 PM and adjourning at 6:40  PM.

 

Deputy Town Clerk Harold Graham read the Notice of Public Hearing as posted and published as required by law.

 

The following persons spoke at the hearing:

 

Martin Drew asked why the property owners wanted to grant the scenic and conversation easement. He also believes that property owners should not have to grant a scenic and conservation easement to build on their property.

 

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

RESULT:              CLOSED [UNANIMOUS]

MOVER:              Peter Van Scoyoc, Councilman

SECONDER:              Sylvia Overby, Councilwoman

AYES:              Kathee Burke-Gonzalez, Peter Van Scoyoc, Sylvia Overby, Larry Cantwell

ABSENT:              Fred Overton

III.              Public Portion

Hugh King spoke about 1934 girls high school basketball, who will be elected into the East Hampton High School Hall of Fame. They also won the eastern Suffolk Championship. He also mentioned that it is Windmill Weekend, where the East Hampton Windmills will be open.

 

Supervisor Cantwell made a special presentation to the East Hampton Little League team presenting them with a proclamation for winning the District 36 champions in 2017.

 

Martin Drew spoke about 28 Flaggy Hole Road which had a dirt mound that he does not believe is up to code and should be considered debris.

 

David Buda, spoke about Deer Fences, he would like to see the deer fence rules and regulations implemented which can help reduce deer accidents. He is looking for new local laws to have better and stronger enforcement of deer fencing.

 

George Dempsey, shared a vision of East Hampton which included the increased building, lack of affordable housing, and more money leaving this economy. He would like to see less money being spent on litigation and more money to fund the ongoing opioid crisis.

IV.              Resolutions

A.              COUNCILWOMAN BURKE-GONZALEZ

1.              Resolution 2017-1039

Category:              Warrant Approval

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Town Clerk

10A Warrant- Approval of Claims $4,853,261.50 10A Utility Warrant $64,257.40

RESOLVED, that Claims on Warrant No. 10A/2017, in the amount of $ 4,853,261.50                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. 10A/2017, in the amount of $ 64,257.40            Were audited by the Town Board and the Supervisor is hereby directed to pay same.

 

 

 

ü Vote Record - Resolution RES-2017-1039

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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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¨

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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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2.              Resolution 2017-1040

Category:              Permits - Gatherings

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Town Clerk

Approval of Various Gathering Permits

Eileen McKee, "Springs School Turkey Trot". 11/20/2017

 

Prudence Carabine, "Boy Scout/Girl Scout Historical Farm Experience". 10/28/17-10/29/17

 

 

 

ü Vote Record - Resolution RES-2017-1040

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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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Larry Cantwell

Voter

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3.              Resolution 2017-1041

Category:              Approvals

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Town Attorney

Authorize Preparation of Part 161 Application for East Hampton Airport

WHEREAS, in its capacity as proprietor of the East Hampton Airport, the Town Board has a public policy responsibility to protect residents from the adverse effects of aircraft noise; and

WHEREAS, through extensive complaints to the Town Board and to other governmental entities, the public has made clear, and this Town Board recognizes, the negative impact that this aircraft noise has made to the health and welfare of its citizenry, to wildlife and their habitat, as well as to the peace, quiet, and repose of the region and that aircraft noise has substantially diminished the quiet enjoyment of homes and properties and compromised the ability to enjoy the woodlands, beaches, fields, and preserved lands that define our community and sense of place; and

WHEREAS, the Town’s ability to address the problem of aircraft noise has been legally constrained by federal regulations and obligations under certain of its federal grants; and

WHEREAS, in a 2005 Settlement Agreement, the Federal Aviation Administration (FAA) stated it would no longer enforce the relevant grant assurances after December 31, 2014; and

WHEREAS, in 2012, FAA advised then Congressman Bishop in writing that FAA’s agreement not to enforce the select grant assurances after December 31, 2014, also meant that, at that point, unless and until the FAA awarded a new grant to the town, the Town would no longer be required to engage in the lengthy FAA review and approval process under the Airport Noise and Capacity Act of 1990 (ANCA) before adopting any new airport noise or access restrictions; and

 

WHEREAS, the Town reasonably relied on FAA’s written guidance to Congressman Bishop; and

WHEREAS, in April 2015, the Town adopted three local laws imposing use restrictions on certain operations at the Airport after historic efforts to engage public comment, study aviation noise issues and find balanced solutions; and

WHEREAS, the three laws were challenged by the Friends of East Hampton Airport, a special interest group representing the helicopter, sea plane and commercial flight operators; and

WHEREAS, the Town defended its enactment of these three reasonable local laws in both the Federal District Court for the Eastern District of New York and the Second Circuit Court of Appeals in order to effectuate the solutions arrived at through the deliberative process of the Town Board; and

WHEREAS, the Second Circuit Court of Appeals enjoined the Town’s laws in a decision wholly inconsistent from FAA’s express guidance regarding the applicability of ANCA at the East Hampton Airport, and the Court’s prior decision in National Helicopter Corp. of America v. City of New York; and

WHEREAS, the Supreme Court declined to review the Second Circuit’s decision resulting in the Town’s airport use restrictions being enjoined until approved through the time-consuming, and costly 14 C.F.R. Part 161 process; and

WHEREAS, the Town is committed to addressing the impacts of noise generated by users of the airport and has considered undertaking the “Part 161” process required under ANCA despite the costs and time associated therewith; and

WHEREAS, local organizations such as the East Hampton Aviation Association and the Quiet Skies Coalition have publicly voiced their support and offered their cooperation to the Town as it pursues options for meaningful noise relief; and,

WHEREAS, the Town Board received information and heard public comments on the steps and costs required to conduct the Part 161 process at the September 19, 2017, Town Board work session meeting; now therefore be it

RESOLVED, that the Office of the Town Attorney, aided by outside legal counsel from Morrison Foerster, and noise consultants HMMH, is hereby authorized and directed to prepare and file an application with the FAA under 14 C.F.R. Part 161 for the purpose of seeking approval of reasonable use and access restrictions at East Hampton Airport to address noise generated by airport users and provide meaningful noise relief; and, be it further,

RESOLVED, that the authorization for legal fees for Morrison Foerster pursuant to Resolution 2017-572 shall be increased by an additional $100,000 to be paid out of budget line SX5610-54520 Airport - Outside Professional to an amount not to exceed $150,000.

 

 

 

ü Vote Record - Resolution RES-2017-1041

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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

¨

¨

¨

Peter Van Scoyoc

Seconder

þ

¨

¨

¨

Sylvia Overby

Voter

þ

¨

¨

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Fred Overton

Voter

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¨

¨

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Larry Cantwell

Voter

þ

¨

¨

¨

 

 

 

4.              Resolution 2017-1042

Category:              Budget

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Bookkeeping

Budget Modification - Justice Court

Resolved, at the request of the Justice Court Clerk the Budget Office is directed to make the following modification to the 2017 Operating Budget:

 

From A1110-54100 (Office Expense) $53.00 to A1110-54155 (Computer Software) for software license

 

 

 

ü Vote Record - Resolution RES-2017-1042

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

¨

¨

¨

 

 

 

5.              Resolution 2017-1043

Category:              Budget

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Bookkeeping

Amend Airport Budget for Paid Parking Expenses

Whereas, the Airport Manager has requested funds to be transferred to an account for the payment of fees and software costs associated with the paid long term parking lot, ; and  now be it

 

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

 

From:

 

Budget Line:  SX5610.54520   Outside Professional                in the amount of $2015.00

 

 

 

To:

 

Budget Line:  SX5610.54125  Admin Costs-Parking Fees      in the amount of  $ 615.00

Budget Line:  SX5610.54100              Office Expense                               in the amount of $1,400.00

 

 

 

ü Vote Record - Resolution RES-2017-1043

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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

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¨

¨

¨

 

 

 

6.              Resolution 2017-1044

Category:              Approvals

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Town Attorney

Approve Installation of ADS-B Receiver at Airport by PlaneNoise, Inc.

WHEREAS, PlaneNoise Inc., a vendor to the Town of East Hampton providing aircraft noise complaint management services, is seeking Town approval to install an ADS-B receiver at the Town of East Hampton Airport to enhance its Complaint Box product; and

 

WHEREAS, the ADS-B receiver will augment publicly available flight track data for the Planefinder.net <http://Planefinder.net> network, expanding coverage to Long Island's East End; and

 

WHEREAS, the ADS-B receiver installation requires Town-supplied AC power and internet access (via an ethernet connection) as well as the installation of a 2-foot antenna on the Airport Terminal Building; and

 

WHEREAS, PlaneNoise Inc. has agreed to install the ADS-B receiver at its own expense; now, therefore, be it

 

RESOLVED, that the Town Board hereby approves the request of PlaneNoise, Inc. to install the ADS-B receiver and connect the same to the required power and internet connection, as well as installation of the required antenna; and be it further

 

RESOLVED, that such equipment will be added by PlaneNoise at no additional expense to the Town.

 

 

 

ü Vote Record - Resolution RES-2017-1044

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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

¨

¨

¨

 

 

 

7.              Resolution 2017-1045

Category:              Approvals

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Town Attorney

Grant FMLA Maternity Leave - Hope Delauter

WHEREAS, Hope DeLauter, is an appointed Assistant Town Attorney and is an exempt employee and not covered by a collective bargaining agreement; and

 

WHEREAS, as such, leave benefits are determined and granted by the Town Board; and

 

WHEREAS, the Town Board has provided eight weeks of paid maternity leave to prior Assistant Town Attorneys and determines that this is the appropriate paid leave accommodation; therefore, be it

 

RESOLVED, that Hope DeLauter is hereby granted eight weeks of paid maternity leave effective retroactive to October 2, 2017 and terminating on November 27, 2017; and be it further,

 

RESOLVED, in accordance with the provisions of the Family Medical Leave Act, medical benefits will continue during the leave with Ms. DeLauter continuing to pay her share of the premium; 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-2017-1045

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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

¨

¨

¨

 

 

 

8.              Resolution 2017-1046

Category:              Bids to Notice

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Purchasing

Notice to Bidders - EH17-035 - Runway 28 Obstruction Clearing -  Bid Available 10/12/17 - Bid Due 10/26/17

WHEREAS, the Town of East Hampton wishes to perform public works in excess of $35,000.00; and

 

WHEREAS, pursuant to GML 103 all public works projects that will exceed $35,000.00 shall be formally bid; now, therefore, be it

 

RESOLVED, as per the request of the user 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, 159 Pantigo Road on October 26, 2017 at 3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

                                          Runway 28 Obstruction Clearing

 

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 Thursday, October 12, 2017.  These specifications have met with the approval of the Purchasing Department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Runway 28 Obstruction Clearing"

 

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

 

And, be it further

 

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

 

Bid #                            Name                                                                                                          Opening Date                           

 

EH17-035              Runway 28 Obstruction Clearing                                             October 26, 2017                                                                                                                                           

                                                                                   

 

                                                       

; and, be it further

 

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

 

 

 

ü Vote Record - Resolution RES-2017-1046

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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

¨

¨

¨

 

 

 

9.              Resolution 2017-1047

Category:              Bids to Notice

Sponsors:              Councilwoman Kathee Burke-Gonzalez

Department:              Purchasing

Notice to Bidders - EH17-034 -Removal of Runway 4-22 Markings -  Bid Available 10/12/17 - Bid Due 10/26/17

WHEREAS, the Town of East Hampton wishes to bid for the Removal of Runway 4-22 Markings at the East Hampton Airport - EH17-034; be it,

 

 

RESOLVED, as per the request of the user 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, 159 Pantigo Road on October 26, 2017 at 3:00 p.m., prevailing time, when they will be publicly opened and read aloud for:

 

                                          Removal of Runway 4-22 Markings

 

 

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 Thursday, October 12, 2017.  These specifications have met with the approval of the Purchasing Department.

 

Each proposal must be submitted in a sealed envelope clearly marked "Removal of Runway 4-22 Markings"

 

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

 

And, be it further

 

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

 

Bid #                                          Name                                                                                          Opening Date             

 

EH17-034                            Removal of Runway 4-22                                          October 26, 2017                                                                      Markings

                                                                                                                             

;and, be it further

 

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

 

 

 

ü Vote Record - Resolution RES-2017-1047

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

 

 

Yes/Aye

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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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B.              COUNCILMAN VAN SCOYOC

1.              Resolution 2017-1048

Category:              Public Hearing

Sponsors:              Councilman Peter Van Scoyoc

Department:              Town Clerk

Order Calling for a Public Hearing Increase and Improvement of Facilities of the Montauk Street Lighting District

In the Matter of the

Increase and Improvement of Facilities of the

Montauk Street Lighting District, in the Town of East Hampton,

in the County of Suffolk, New York, pursuant to

Section 202-b of the Town Law

                                                                                                

ORDER CALLING FOR A PUBLIC

HEARING TO BE HELD ON

NOVEMBER 2, 2017

 

WHEREAS, the Town Board of the Town of East Hampton (herein called the Town Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the Montauk Street Lighting District (herein called the "District"), has determined that it is in the best interests of the Town and the District to increase and improve the facilities of the District by purchasing LED street lights for use in the District, including any ancillary or related work required in connection therewith, at the estimated maximum cost of $85,000; and

 

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

 

Now, therefore, be it

 

ORDERED, that a meeting of the Town Board of the Town be held at Town Hall, 159 Pantigo Road, East Hampton, New York, on November 2, 2017 at 6:30 o'clock P.M. (Prevailing Time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it,

 

FURTHER ORDERED, that the Town Clerk publish at least once in "THE EAST HAMPTON STAR," hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of such public hearing certified by said Town Clerk in substantially the form attached hereto in Exhibit A, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing.

 

DATED:  October 5, 2017

 

TOWN BOARD OF THE TOWN OF EAST HAMPTON

(SEAL)

Exhibit A

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Town Board of the Town of East Hampton, in the County of Suffolk, State of New York, will meet at the Town Hall, 159 Pantigo Road, East Hampton, New York, on November 2, 2017, at 6:30 o'clock P.M. (Prevailing Time), for the purpose of conducting a public hearing in relation to the proposed increase and improvement of facilities of the Montauk Street Lighting District pursuant to Section 202-b of the Town Law, consisting of the purchase of LED street lights for use in the District, including any ancillary or related work required in connection therewith, at the estimated maximum cost of $85,000.

At said public hearing, the Town Board will hear all persons interested in said subject matter thereof.

Dated:              October 5, 2017

              East Hampton, New York

BY ORDER OF THE TOWN BOARD OF THE TOWN OF EAST HAMPTON, COUNTY OF SUFFOLK, STATE OF NEW YORK

 

 

 

ü Vote Record - Resolution RES-2017-1048

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Tabled

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Yes/Aye

No/Nay

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Kathee Burke-Gonzalez

Voter

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Peter Van Scoyoc

Mover

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Sylvia Overby

Seconder

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Fred Overton

Voter

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Larry Cantwell

Voter

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2.              Resolution 2017-1049

Category:              Appointments

Sponsors:              Councilman Peter Van Scoyoc

Department:              Human Resources

Appoint Mery Rosario DeVerdugo Custodial Worker I in the Parks Department

RESOLVED, that Mery Rosario DeVerdugo be and is hereby appointed Custodial Worker I in the Parks Department at an hourly salary of $15.845, $32,957.60 annually (Grade 8, starting step) for a 40 hour work week to be paid from budget account A1620-51100 upon proper submission of time records effective October 6, 2017.

 

 

 

ü Vote Record - Resolution RES-2017-1049

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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

Mover

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Sylvia Overby

Seconder

þ

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¨

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Fred Overton

Voter

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¨

¨

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Larry Cantwell

Voter

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¨

 

 

 

3.              Resolution 2017-1050

Category:              Appointments

Sponsors:              Councilman Peter Van Scoyoc

Department:              Human Resources

Appoint Part Time Recreation Employees in the Recreation Department

RESOLVED, that the following be and are hereby appointed part time recreation employees in the Recreation Department to be paid bi-weekly from budget account A7020-51200 at the salaries listed below, upon proper submission of time records, effective retroactive to September 25, 2017.

 

Nicole Ficeto             Recreation Leader               $20.00

Danielle Schuster       Recreation Specialist           $15.00

 

 

 

ü Vote Record - Resolution RES-2017-1050

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

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Kathee Burke-Gonzalez

Voter

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Peter Van Scoyoc

Mover

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Sylvia Overby

Seconder

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Fred Overton

Voter

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¨

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Larry Cantwell

Voter

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4.              Resolution 2017-1051

Category:              Appointments

Sponsors:              Councilman Peter Van Scoyoc

Department:              Human Resources

Appoint Luke Walter Recreation Aide in the Recreation Department

RESOLVED, that Luke Walter be and is hereby appointed Recreation Aide in the Recreation Department to be paid $10.00 an hour bi-weekly upon proper submission of time records effective retroactive to September 30, 2017.

 

 

 

ü Vote Record - Resolution RES-2017-1051

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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

Mover

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Sylvia Overby

Seconder

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Fred Overton

Voter

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Larry Cantwell

Voter

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5.              Resolution 2017-1052

Category:              Personnel Misc.

Sponsors:              Councilman Peter Van Scoyoc

Department:              Human Resources

Pay Lifeguard Robert Weiss from Budget Account A7180-51200

WHEREAS, Robert Weiss is employed as a part time/seasonal lifeguard with the Town of East Hampton, and,

 

WHEREAS, he was excused with pay resulting from a work related incident which occurred on July 30, 2017, and, now, therefore be it

 

RESOLVED, the Town will pay Mr. Weiss for 274 hours of where he was excused with pay at the hourly rate of $15.50 with all appropriate deductions and withholdings as processed by payroll.

 

 

 

ü Vote Record - Resolution RES-2017-1052

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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

Mover

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Sylvia Overby

Seconder

þ

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Fred Overton

Voter

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¨

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Larry Cantwell

Voter

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¨

 

 

 

6.              Resolution 2017-1053

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

Sponsors:              Councilman Peter Van Scoyoc

Department:              Town Attorney

Retain Drew Bennett - Construction Monitoring - Montauk Beach Ramps

              WHEREAS, the Town requires professional engineering services for construction monitoring of Montauk Beach Ramps at S. Edgemere Street & Surfside Place; and

 

              WHEREAS, D.B. Bennett, Consulting Engineer, has submitted a proposal to provide construction monitoring  services, dated September 21, 2017, a copy of which is attached, at a cost not to exceed 2,280.00; now, therefore, be it

 

              RESOLVED, that D. B. Bennett, Consulting Engineer, is hereby retained to provide construction monitoring services for the beach ramp construction project awarded to Keith Grimes, at a cost not to exceed $2,280.00, as set forth in their proposal of September 21, 2017; and be it further

 

              RESOLVED, that D. B. Bennett Consulting Engineer shall be paid at the rate of $135/hr. for Principal Engineer and $105/hr. for Project Engineer, and $75/hr. for technician, as set forth in their proposal, to be paid from Budget Account #HA1620-52606-17058.

 

 

 

ü Vote Record - Resolution RES-2017-1053

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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

Mover

þ

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Sylvia Overby

Seconder

þ

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Fred Overton

Voter

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Larry Cantwell

Voter

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7.              Resolution 2017-1054

Category:              Bids Extended

Sponsors:              Councilman Peter Van Scoyoc

Department:              Purchasing

Extend Contract - EH15-054 - 2015 Annual Sidewalk Contract - Long Island Mason & Concrete Corp.

WHEREAS, the Town solicited bids in 2015 for the Annual Sidewalk Contract - No. EH15-054; and

 

WHEREAS, the bid of Long Island Mason & Concrete Corp. was the lowest bid received meeting the bid specifications; and

 

WHEREAS, the Town Board accepted the bid of Long Island Mason & Concrete Corp. and entered into an agreement that is renewable, upon agreement of the parties, for two (2) additional one year terms; and

 

WHEREAS, the user Departments have recommended extension of the agreement with Long Island Mason & Concrete Corp.; now, therefore be it

 

RESOLVED, that the Purchasing Agent is hereby authorized to issue purchase orders to Long Island Mason & Concrete Corp., in accordance with the Town's bid specifications and the bid submission of the Contractor for a period of one year to be effective from November 9, 2017 through November 8, 2018.

 

 

 

ü Vote Record - Resolution RES-2017-1054

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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

Mover

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Sylvia Overby

Seconder

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Fred Overton

Voter

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Larry Cantwell

Voter

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8.              Resolution 2017-1055

Category:              Approvals

Sponsors:              Councilman Peter Van Scoyoc

Department:              Town Board

Authorize Emergency Road Repairs - Deer Path

              WHEREAS, the Town has been informed that emergency road repairs are needed on Deer Path in order to assure continued safety and accessibility by emergency vehicles; now therefore, be it

 

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

 

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

 

 

 

ü Vote Record - Resolution RES-2017-1055

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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

Mover

þ

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¨

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Sylvia Overby

Seconder

þ

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Fred Overton

Voter

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Larry Cantwell

Voter

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9.              Resolution 2017-1056

Category:              Budget

Sponsors:              Councilman Peter Van Scoyoc

Department:              Bookkeeping

Budget Mofification - Parks and Recreation

Resolved, at the request of the department head the Town Board directs the Budget Office to make the following modifications to the 2017 operating budget:

 

$15 from A 7180 54100 to A 7180 54550 to increase a PO for sand at Alberts Landing

$4,000 from A 7110 54562 to A 7180 54320 for irrigation leak at South Edison

 

 

 

ü Vote Record - Resolution RES-2017-1056

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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

þ

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Peter Van Scoyoc

Mover

þ

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¨

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Sylvia Overby

Seconder

þ

¨

¨

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Fred Overton

Voter

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¨

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Larry Cantwell

Voter

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10.              Resolution 2017-1057

Category:              Budget

Sponsors:              Councilman Peter Van Scoyoc

Department:              Bookkeeping

Budget Modification - Buildings and Grounds

Resolved, that at the request of the Department Head the Budget Office is directed to make the following modification to the Buildings and Grounds Operating Budget for additional part time help and paper products:

 

From A1620-51100 $4,500 to A3125-51200 (PT Salaries)

From A1620-54560 $1,300 to A1620-54100 (Office Expense)

 

 

 

ü Vote Record - Resolution RES-2017-1057

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Yes/Aye

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Kathee Burke-Gonzalez

Voter

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Peter Van Scoyoc

Mover

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Sylvia Overby

Seconder

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Fred Overton

Voter

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Larry Cantwell

Voter

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11.              Resolution 2017-1058

Category:              Budget

Sponsors:              Councilman Peter Van Scoyoc

Department:              Bookkeeping

Budget Modification - Natural Resources

Resolved, at the request of the department head the Budget Office is directed to make the following modification to the 2017 Natural Resources Department operating budget to pay for document shredding and additional office supplies:

 

From A8790-54200 (Travel-Conferences) $500 to A8790-54100 (Office Expense)

 

 

 

ü Vote Record - Resolution RES-2017-1058

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Tabled

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Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

þ

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Peter Van Scoyoc

Mover

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Sylvia Overby

Seconder

þ

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Fred Overton

Voter

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Larry Cantwell

Voter

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12.              Resolution 2017-1059

Category:              Bids to Notice

Sponsors:              Councilman Peter Van Scoyoc

Department:              Purchasing

Notice RFP EH2017-114 - Coastal Assessment Resiliency Plan III Re-Proposal   -    Proposal Available 10/12/17 - Proposal Due 11/16/17

WHEREAS, the Town of East Hampton wishes to obtain proposals for the Coastal Assessment Resiliency Plan III Re-Proposal through RFP EH2017-114; now, therefore be it

 

RESOLVED, that the Purchasing Department be and hereby is authorized to advertise for the Proposal as per the following:

                                                                      Request for Proposals

 

TAKE NOTICE, that sealed proposals will be received by the Purchasing Agent at 159 Pantigo Road on Thursday, November 16, 2017 no later than 3:00 p.m. prevailing time.

 

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 October 12, 2017.  These proposals have met with approval of the Purchasing Department.

 

It is the policy of the Town and funding agencies to encourage the use of minority and women owned business enterprises in this project. All qualified Minority and Women Owned Business (MWBE) contractors, suppliers, and/or businesses will be afforded equal opportunity without discrimination because of race, religion, national origin, sex, age, disability, sexual preference, or Vietnam Era Veterans status. Bidders are also advised that specific MWBE goals have been established for this project as follows:

 

                                          Minority and Women Owned Business Enterprises 20%

 

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

 

And, be it further

 

RESOLVED, that the following proposals shall be received by the purchasing Agent by 3:00 p.m. on the date noted above, at which time be publicly read aloud:

 

RFP #                            Name                                                                                    Opening Date

EH2017-114              Coastal Assessment Resiliency                             November 16, 2017

                            Plan III Re-Proposal                           

 

 

 

ü Vote Record - Resolution RES-2017-1059

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Kathee Burke-Gonzalez

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Peter Van Scoyoc

Mover

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Sylvia Overby

Seconder

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Fred Overton

Voter

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Larry Cantwell

Voter

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13.              Resolution 2017-1060

Category:              Approvals

Sponsors:              Councilman Peter Van Scoyoc

Department:              Town Board

"Run for Fun" Turkey Trot Proceeds - 2017

              WHEREAS, the Town of East Hampton Recreation Department will conduct the 41st Annual "Run for Fun" Turkey Trot around Ft. Pond, beginning at the Plaza in Montauk at 8:00 a.m. on Thursday, November 23, 2017; and

 

              WHEREAS, the net proceeds from this event continue to exceed anticipated revenues; and

 

              WHEREAS, the Recreation Department's revenues currently exceed the amount budgeted for 2017; and

 

              WHEREAS, the Town is desirous to contribute a portion of the net proceeds to a charity in the hamlet of Montauk, which is hosting this event, as a gesture of Thanksgiving; now, therefore be it

 

              RESOLVED, the Town shall donate all net proceeds from the 2017 "Run for Fun" Turkey Trot to the Montauk Food Pantry, a 501c3 not-for-profit organization; 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-2017-1060

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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

Mover

þ

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Sylvia Overby

Seconder

þ

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Fred Overton

Voter

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¨

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Larry Cantwell

Voter

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¨

¨

 

 

 

C.              COUNCILWOMAN OVERBY

1.              Resolution 2017-1061

Category:              Public Hearing

Sponsors:              Councilwoman Sylvia Overby

Department:              Housing

Notice of Public Hearing 2018 CDBG

WHEREAS, the Town Board desires to hear the comments of the public in regard to citizens' views on local needs to be met with 2018 Community Development Block Grant Funds, now therefore be it

 

RESOLVED, that the Town Clerk is Hereby Directed to Publish the Annexed Notice of Public Hearing in the October 12, 2017 Edition of the East Hampton Star, and be it Further

 

RESOLVED, that the Town Clerk is Directed to Forward a Copy of This Resolution to Tom Ruhle,  Director, Office of Housing and Community Development.

 

 

                                                        Notice of Public Hearing

 

              Sometime in 2018 the Town of East Hampton Expects to Receive Approximately $100,000 in Federal Community Development Block Grant Funds.  These Funds May be Used, and Have Been Previously Used for a Variety of Projects that Benefit Low and Moderate Income Persons, Aid in the Prevention or Elimination of Slums or Blight And/Or Meet a Need Having a Particular Urgency.

 

              TAKE NOTICE that the Town Board of the Town of East Hampton, Will Hold a Public Hearing at the Meeting Room, Town Hall, 159 Pantigo Road, East Hampton, New York, 11937, on November 2, 2017 at 6:30 PM or as Soon Thereafter as This Matter May be Heard, to Consider Citizens' Views on Local Housing and Community Development Needs to be Met with the $100,000 in Federal Community Development Block Grant Funds Expected in  the year 2018.  These Funds May be Used, and Have Been Previously Used for a Variety of Projects to be Selected by Local Officials.

             

Examples of Eligible Activities Include:

 

              Housing Rehabilitation

              Elimination of Physical Barriers to the Handicapped

              Public Facilities and Improvements

              Street Improvements

              Public Service Activities

              Neighborhood Improvement Programs

 

Public Service Activities Are Limited to a Maximum of 15% of the Total Grant Which is Approximately $15,000

 

The  Amount of the Final Funding is Subject to Congressional Appropriation.

 

              All persons wishing to address the Town Board with regard to this matter may do so, in person, by agent, or in writing, addressed to the Town Board, c/o the Town Clerk, 159 Pantigo Road, East Hampton, New York, 11937, said writing to be clearly marked on the outside, "For CDBG  Public Hearing 11/2/2017, 6:30 pm", and received on or before the date and time set forth herein for the hearing.

 

 

 

ü Vote Record - Resolution RES-2017-1061

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Tabled

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Withdrawn

 

 

Yes/Aye

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Abstain

Absent

Kathee Burke-Gonzalez

Seconder

þ

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Peter Van Scoyoc

Voter

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Sylvia Overby

Mover

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Fred Overton

Voter

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Larry Cantwell

Voter

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2.              Resolution 2017-1062

Category:              Local Law Public Hearing

Sponsors:              Councilwoman Sylvia Overby

Department:              Town Attorney

Special Historic Landmark Local Law- SPH NPH

BE IT RESOLVED, that a public hearing is hereby scheduled to be held on a proposed Local Law amending Chapter 255 ("ZONING") of the East Hampton Town Code in order to promote the preservation of Special Historic Landmarks within the Town of East Hampton by allowing some of the maximum permitted gross floor area on those properties to be allocated to an accessory dwelling unit on the same lot, as more fully set forth in the text of the Local Law, said hearing to be held at the Town Hall Meeting Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, on Thursday, November 2, 2017, at 6:30 p.m. or as soon thereafter as this matter may be heard, and said proposed Local Law to read as follows:

 

                                                        LOCAL LAW NO.      OF 2017

                                                        INTRODUCTORY NO.  39    OF 2017

             

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

                                                                                                                             

SECTION 1. Purpose and Intent.

 

This local law is intended to promote the preservation of a group of designated individual historic landmarks that are of great importance to the character of the Town of East Hampton.  These properties have just been designated as special historic landmarks by the East Hampton Town Board pursuant to Section 255-7-25A. This group includes some of our rarest and oldest building types which recall East Hampton’s history during the eighteenth and nineteenth centuries. This law will permit some of the gross floor area allowable to the primary dwelling to be transferred to an accessory dwelling unit, commonly known as a guest house, on the same property.  Most of the special historic landmark houses are modest in size, far smaller than the maximum gross floor area provisions of the Zoning Code would allow.  This law will promote the preservation of these buildings by allowing them to be preserved intact to the greatest possible extent, without stripping property owners of rights they may otherwise have to increase the habitable residential space. The Town Board recognizes the special responsibility accepted by owners of special historic landmarks, who do not benefit from the neighborhood-wide preservation provided by an historic district, and establishes this zoning option to make preserving these historic landmark properties more advantageous and workable. 

 

SECTION 2. Amendment.

 

§ 255-1-20.  Definitions.

 

ACCESSORY BUILDING OR STRUCTURE

 

A building or structure which is customarily incidental or subordinate to a main building or structure. This term shall not include a building which, in whole or part, is designed, equipped or used for cooking, living or sleeping purposes, unless said accessory building or structure complies with the standards set forth in § 255-11-63 as an affordable accessory apartment or accessory dwelling unit pursuant to §255-7-60D. See "principal building or structure."

 

ACCESSORY DWELLING UNIT

 

An accessory single family residence containing cooking and/or sleeping accommodations which is incidental or subordinate to a special historic landmark and subject to the standards set forth in §255-7-60D.

 

SPECIAL HISTORIC LANDMARK

 

An individual property that has been designated as one of the group of special historic landmarks, designated by the East Hampton Town Board pursuant to §255-7-25A and eligible to have one (1) accessory dwelling unit.

 

§ 255-2-45              Number of uses.

 

A. Except in the case of a multiple-business complex or a multiple-industrial complex, the number of principal uses listed in the Use Table[1] permitted on any one lot shall not exceed the number set forth below:

 

              (1)- (4) No Change.

 

              (5) An accessory dwelling unit which is permitted pursuant to §255-11-20G               shall not be considered an additional use on any lot or property for the               purposes of this limitation.

 

§ 255-7-25. Designation of historic landmarks and historic districts.

 

The Town Board may designate certain lots, lands, buildings or structures within the Town as historic landmarks or historic districts in accordance with the following procedures:

 

A.  Historic landmarks.

 

(1) The Town Board may by local law designate an individual lot and any buildings or structures thereon as a historic landmark or as a special historic landmark if the property:

 

              (a) - (e) No Change.

 

(2) No Change.

(3) No Change.

 

B. No Change.

C. No Change.

D. Guidelines for historic landmarks, special historic landmarks, and historic districts.

 

(1)              The Town Board may by local law adopt, and from time to time amend, guidelines or regulations to further direct the Architectural Review Board in its application of the criteria set forth in §255-7-30 hereof with respect to any historic landmark, special historic landmark, or historic district designated pursuant to this section, or with respect to any specific property within such a historic district. Notice of the public hearing on any such local law shall be given by the Town Board in the same manner as is required for the designation of an historic landmark, special historic landmark or an historic district, pursuant to Subsection C hereof.

 

(2)              No change.

 

§ 255-7-60. Standards and criteria

 

D.               Specific standards for special historic landmarks: In addition to the general standards of §255-7-60B, in reviewing an application for expansion of a special historic landmark house or for construction of an accessory dwelling unit on a property, the Architectural Review Board shall consider:

             

(1)              The extent to which the proposal achieves the goal if maintaining or enhancing the integrity of the special historic landmark house and its setting, particularly its setting when viewed from the street.

 

(2)              The extent to which the proposal keeps the special historic landmark house intact with no additions; or when this option is not available, minimizes any additions and keeps any additions subordinate in size and scale to the special historic landmark house. Whenever possible, the Architectural Review Board shall encourage property owners to maintain the integrity of the special historic landmark by avoiding additions, if transferring expansion to a second dwelling is possible.

 

§ 255-11-20.

 

G. Special historic landmark. A property designated with a special historic landmark shall be permitted one (1) detached accessory dwelling unit pursuant to §255-11-88 and the standards set forth in §255-7-60D.

 

§ 255-11-23. Limitations on accessory buildings.

 

The term "accessory building" may include a private garage, garden shed, private greenhouse or other similar building conforming to the definition of "accessory building," but no accessory building on any residential property shall have a gross floor area equal to or greater than 600 square feet except an artist's studio meeting the requirements of this chapter. No accessory building, other than a pool house of less than 200 square feet in gross floor area, an artist's studio or an affordable accessory apartment meeting the requirements of this chapter, shall contain any bath, shower or plumbing facilities. An accessory dwelling unit permitted pursuant to § 255-7-60D shall not be restricted by this limitation.

 

§ 255-11-88. Additional rules for particular principal and accessory uses.

 

SPECIAL HISTORIC LANDMARKS

 

(1)              Special historic landmark properties shall be permitted one (1) accessory dwelling unit use.

 

(2)              The combined gross floor area for the principal building and the accessory dwelling unit shall not exceed the maximum gross floor area for a single family residence on the lot pursuant to §255-11-10.

 

(3)              The accessory dwelling unit shall have a maximum of four bedrooms and a maximum gross floor area of 40% of the allowable gross floor area for the property, or 3,500 square feet, whichever is less.

 

SECTION 3. Authority.                                                                                                                                                                        

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

                                                                                                 

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 upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

 

AND BE IT FURTHER RESOLVED, that the Town Clerk is directed to publish a Notice of Public Hearing in the October 12, 2017 edition of the East Hampton Star;

 

NOTICE OF PUBLIC HEARING

Intro. #      of 2017

 

              NOTICE IS HEREBY GIVEN that the Town Board of the Town of East Hampton will hold a public hearing at Town Hall, 159 Pantigo Road, East Hampton, New York, on Thursday,  November 2, 2017, at 6:30 p.m., or as soon thereafter as this matter may be heard, to consider comments of all persons regarding the amendment of Chapter 255 ("ZONING") of the East Hampton Town Code in order to promote the preservation of Special Historic Landmarks within the Town of East Hampton by allowing some of the maximum permitted gross floor area on those properties to be allocated to an accessory dwelling unit on the same lot within the Town of East Hampton.

 

Any person who wishes to be heard with regard to the proposed local law may appear in person or by agent at the time of the hearing or by correspondence addressed to the East Hampton Town Board, c/o Town Clerk, 159 Pantigo Road, East Hampton, New York 11937, said correspondence to be received before the date and time of the hearing.

 

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

 

LOCAL LAW ABSTRACT

Intro. #     of 2017

 

This proposed local law amends Chapter 255 (ZONING) of the East Hampton Town Code to promote the preservation of Special Historic Landmarks within the Town of East Hampton by allowing some of the maximum permitted gross floor area on those properties with a special historic landmark to be allocated to an accessory dwelling unit on the same lot.

 

 

 

ü Vote Record - Resolution RES-2017-1062

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Adopted as Amended

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Defeated

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Yes/Aye

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Absent

Kathee Burke-Gonzalez

Seconder

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Peter Van Scoyoc

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Sylvia Overby

Mover

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Fred Overton

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Larry Cantwell

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3.              Resolution 2017-1063

Category:              Local Law Public Hearing

Sponsors:              Councilwoman Sylvia Overby

Department:              Town Attorney

Special Historic Landmark List SPH-NPH

BE IT RESOLVED, that a public hearing is hereby scheduled to be held on a proposed Local Law amending Chapter 255 (“Zoning”) of the East Hampton Town Code at Article XIII  (“Table of Historic Landmarks and Historic Districts”), in order to designate certain historic structures as special historic landmarks, all as more fully set forth in the text of the Local Law, said hearing to be held at the Town Hall Court Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, on November 2, 2017 at 6:30 p.m. or as soon thereafter as this matter may be heard, and said proposed Local Law to read as follows:

 

LOCAL LAW NO.  _____  OF 2017

 

INTRODUCTORY NO.  __40___  OF 2017

 

A Local Law providing for the amendment of Chapter 255 (“Zoning”) of the East Hampton Town Code at Article XIII  (“Table of Historic Landmarks and Historic Districts”), in order to designate certain historic structures as special historic landmarks, as more fully set forth in the text of the Local Law, said Local Law to read as follows:

 

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

 

SECTION I.   -   Purpose:

 

The Town Board has acted to preserve the unique historic and architectural qualities of the Town of East Hampton by adding provisions for historic preservation to the Town Zoning Code. Most recently, a local law was adopted to promote the preservation of a group of designated special historic landmarks that are of great importance to the character of the Town of East Hampton. This list is the first group of buildings to be designated as special historic landmarks. This group includes some of our rarest and oldest building types which recall East Hampton’s history during the eighteenth and nineteenth centuries. 

 

SECTION II.   -   TOWN CODE AMENDED:

 

Chapter 255 (“Zoning”) of the East Hampton Town Code is hereby amended as follows:

 

Article XIII

Table of Historic Landmarks, Special Historic Landmarks and Historic Districts

 

The Table of Historic Landmarks and Historic Districts is amended to add Special Historic Landmarks as follows:

 

See attached list of fifteen special historic landmarks noting property name, street location, and tax map number.

 

 

SECTION III.   -   SEVERABILITY:

 

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

 

SECTION IV.   -   EFFECTIVE DATE:

 

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

 

AND BE IT FURTHER RESOLVED, that the Town Clerk is directed to publish a Notice of Public Hearing in the October 12, 2017 edition of the East Hampton Star;

 

NOTICE OF PUBLIC HEARING

Intro. #      of 2017

 

              NOTICE IS HEREBY GIVEN that the Town Board of the Town of East Hampton will hold a public hearing at Town Hall, 159 Pantigo Road, East Hampton, New York, on Thursday, November 2, 2017, at 6:30 p.m., or as soon thereafter as this matter may be heard, to consider comments of all persons regarding the amendment of Chapter 255 ("ZONING") of the East Hampton Town Code in order to designate certain properties as special historic landmarks within the Town of East Hampton. 

 

Any person who wishes to be heard with regard to the proposed local law may appear in person or by agent at the time of the hearing or by correspondence addressed to the East Hampton Town Board, c/o Town Clerk, 159 Pantigo Road, East Hampton, New York 11937, said correspondence to be received before the date and time of the hearing.

 

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

 

LOCAL LAW ABSTRACT

Intro. #     of 2017

 

This proposed local law amends Chapter 255 (ZONING) of the East Hampton Town Code to designate specific Special Historic Landmarks within the Town of East Hampton.

 

 

 

ü Vote Record - Resolution RES-2017-1063

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Adopted as Amended

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Defeated

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Tabled

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Withdrawn

 

 

Yes/Aye

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Kathee Burke-Gonzalez

Seconder

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Peter Van Scoyoc

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Sylvia Overby

Mover

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Fred Overton

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Larry Cantwell

Voter

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4.              Resolution 2017-1064

Category:              Local Law Public Hearing

Sponsors:              Councilwoman Sylvia Overby

Department:              Town Attorney

Local Law Adopting Guidelines for Special Historic Landmarks

BE IT RESOLVED, that a public hearing is hereby scheduled to be held on a proposed Local Law amending Chapter 255 ("ZONING") of the East Hampton Town Code in order to add guidelines for the preservation of Special Historic Landmarks within the Town of East Hampton, as more fully set forth in the text of the Local Law, said hearing to be held at the Town Hall Meeting Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, on Thursday November 2, 2017, 2017, at 6:30 p.m. or as soon thereafter as this matter may be heard, and said proposed Local Law to read as follows:

 

                                                        LOCAL LAW NO.      OF 2017

                                                        INTRODUCTORY NO. 41     OF 2017

             

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

                                                                                                                             

SECTION 1. Purpose and Intent.

 

This local law is intended to provide guidelines to the Architectural Review Board when reviewing properties with special historic landmarks, as allowed pursuant to Town Code §255-7-25D.  

SECTION 2. Amendment.

 

See Special Historic Landmark Guidelines attached.

 

SECTION 3. Authority.                                                                                                                                                                        

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

                                                       

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 upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

 

AND BE IT FURTHER RESOLVED, that the Town Clerk is directed to publish a Notice of Public Hearing in the October 12, 2017 edition of the East Hampton Star;

 

NOTICE OF PUBLIC HEARING

Intro. #      of 2017

 

              NOTICE IS HEREBY GIVEN that the Town Board of the Town of East Hampton will hold a public hearing at Town Hall, 159 Pantigo Road, East Hampton, New York, on Thursday,  November 2, 2017, at 6:30 p.m., or as soon thereafter as this matter may be heard, to consider comments of all persons regarding additions of guidelines for the preservation of Special Historic Landmarks within the Town of East Hampton.

Any person who wishes to be heard with regard to the proposed local law may appear in person or by agent at the time of the hearing or by correspondence addressed to the East Hampton Town Board, c/o Town Clerk, 159 Pantigo Road, East Hampton, New York 11937, said correspondence to be received before the date and time of the hearing.

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

 

 

 

 

LOCAL LAW ABSTRACT

Intro. #     of 2017

 

This proposed local law amends Chapter 255 (ZONING) of the East Hampton Town Code to add guidelines for the preservation of Special Historic Landmarks within the Town of East Hampton.

 

 

 

ü Vote Record - Resolution RES-2017-1064

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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

Mover

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Fred Overton

Voter

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Larry Cantwell

Voter

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5.              Resolution 2017-1065

Category:              Appointments

Sponsors:              Councilwoman Sylvia Overby

Department:              Human Resources

Promote Mayra Rey to Provisional Senior Assessment Clerk in the Assessor's Department

WHEREAS, Suffolk County Department of Civil Service has given an examination for the title of Senior Assessment Clerk, the Town canvassed the list and did not receive any willing acceptors, and

             

WHEREAS, the Town of East Hampton has requested and received permission from the Suffolk County Department of Civil Service to fill the position of Senior Assessment Clerk on a provisional basis, and

 

WHEREAS, in accordance with the CSEA contract the position has been posted, number 2017-34, from September 20, 2017 through October 3, 2017, and

 

WHEREAS, Mayra Rey meets the minimum qualifications for the position, now, therefore be it

 

RESOLVED, that Mayra Rey be and he is hereby appointed on a provisional basis to the full-time position of Senior Assessment Clerk, at an hourly salary of $22.712, $41,335.84 annually (Salary Grade 15 - Step 7) for a 35 hour work week to be paid bi-weekly from budget account A1355-51100, upon proper submission of time records, retroactive to September 27, 2017.

 

 

 

ü Vote Record - Resolution RES-2017-1065

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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

Mover

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Fred Overton

Voter

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Larry Cantwell

Voter

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6.              Resolution 2017-1066

Category:              Conference

Sponsors:              Councilwoman Sylvia Overby

Department:              Planning

Administrative Assistant Training - Danielle Perodin

WHEREAS, training for Secretaries and Administrative Assistants will be held November 27, 2017 at the Melville Marriott, 1350 Walt Whitman Road,  New York;

 

RESOLVED, that Danielle Perodin is authorized to attend and;

 

RESOLVED, that a town vehicle will be used for transportation and the registration fee and all allowable expenses incurred are to be paid from B 8021 54200 upon voucher properly submitted.

 

 

 

ü Vote Record - Resolution RES-2017-1066

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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

Mover

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Fred Overton

Voter

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Larry Cantwell

Voter

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7.              Resolution 2017-1067

Category:              Conference

Sponsors:              Councilwoman Sylvia Overby

Department:              Planning

Administrative Assistant Training

WHEREAS, training for Secretaries and Administrative Assistants will be held November 27, 2017 at the Melville Marriott, 1350 Walt Whitman Road, New York;

 

RESOLVED, that Denise Savarese is authorized to attend and;

 

RESOLVED, that a town vehicle will be used for transportation and the registration fee and all allowable expenses incurred are to be paid from B 8022 54231 upon voucher properly submitted.

 

 

 

ü Vote Record - Resolution RES-2017-1067

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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

Mover

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Fred Overton

Voter

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Larry Cantwell

Voter

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8.              Resolution 2017-1068

Category:              Conference

Sponsors:              Councilwoman Sylvia Overby

Department:              Planning

Administrative Assistant Training - Jodi Walker

WHEREAS, training for Secretaries and Administrative Assistants will be held November 27, 2017 at the Melville Marriott, 1350 Walt Whitman Road, New York;

 

RESOLVED, that Jodi Walker is authorized to attend and;

 

RESOLVED, that a town vehicle will be used for transportation and the registration fee and all allowable expenses incurred are to be paid from B 8020 54231 upon voucher properly submitted.

 

 

 

ü Vote Record - Resolution RES-2017-1068

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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

Mover

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Fred Overton

Voter

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Larry Cantwell

Voter

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9.              Resolution 2017-1069

Category:              Personnel Misc.

Sponsors:              Councilwoman Sylvia Overby

Department:              Planning

Approve Volunteer Sabrina Ricci

Resolved that Sabrina Ricci be approved as a volunteer for the Planning Department effective October 5, 2017 on an unpaid basis and be it further

 

Resolved that a copy of this resolution be forwarded by the Town Clerk to the appropriate persons.

 

 

 

ü Vote Record - Resolution RES-2017-1069

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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

þ

¨

¨

¨

Peter Van Scoyoc

Voter

þ

¨

¨

¨

Sylvia Overby

Mover

þ

¨

¨

¨

Fred Overton

Voter

¨

¨

¨

þ

Larry Cantwell

Voter

þ

¨

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¨

 

 

 

10.              Resolution 2017-1070

Category:              Budget

Sponsors:              Councilwoman Sylvia Overby

Department:              Bookkeeping

Amend Budget for Dental/Optical Insurance

Whereas, that due to changes in staff and changes in employee coverage have resulted in shortages in some Dental/Optical lines,  to be funded through overage's in other Dental /Optical accounts within each fund, or Appropriated Surplus ; and  now be it

 

Resolved, that the Town Board directs the Budget Office to make the budget modification as per the attached Detail Sheet:

 

 

 

ü Vote Record - Resolution RES-2017-1070

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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

þ

¨

¨

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Peter Van Scoyoc

Voter

þ

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¨

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Sylvia Overby

Mover

þ

¨

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Fred Overton

Voter

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Larry Cantwell

Voter

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11.              Resolution 2017-1071

Category:              Conference

Sponsors:              Councilwoman Sylvia Overby

Department:              Town Attorney

Attend APHNYS Conference - Averill D. Geus

RESOLVED, that East Hampton Town Historian Averill D. Geus is authorized to attend the 2017 Association of Public Historians Conference (APHNYS) from October 31, 2017 to November 2, 2017 in Poughkeepsie, New York; and, be it further

 

RESOLVED, that all allowable expenses incurred are to be paid from Budget Account A1315-5452 upon vouchers properly submitted in an amount not to exceed $500.00.

 

 

 

ü Vote Record - Resolution RES-2017-1071

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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

þ

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Peter Van Scoyoc

Voter

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¨

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Sylvia Overby

Mover

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¨

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Fred Overton

Voter

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¨

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Larry Cantwell

Voter

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D.              SUPERVISOR CANTWELL

1.              Resolution 2017-1072

Category:              Agreements, Contracts

Sponsors:              Supervisor Larry Cantwell

Department:              Human Resources

Terminate Part Time Police Officer Angelene V. Clark

WHEREAS, Angelene V. Clark is employed by The East Hampton Town Police Department as a part time police officer, and,

 

WHEREAS, the Chief of Police has recommended that Ms. Clark's employment not be continued, and, now therefore be it

 

RESOLVED, the Town Board hereby terminates Ms. Clark's employment with the Town effective retroactive to September 8, 2017.

 

 

 

ü Vote Record - Resolution RES-2017-1072

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Adopted

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Adopted as Amended

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Defeated

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Tabled

¨

Withdrawn

 

 

Yes/Aye

No/Nay

Abstain

Absent

Kathee Burke-Gonzalez

Voter

þ

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¨

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Peter Van Scoyoc

Seconder

þ

¨

¨

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Sylvia Overby

Voter

þ

¨

¨

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Fred Overton

Voter

¨

¨

¨

þ

Larry Cantwell

Mover

þ

¨

¨

¨

 

 

 

2.              Resolution 2017-1073

Category:              Appointments

Sponsors:              Supervisor Larry Cantwell

Department:              Human Resources

Appoint Philip Marino Police Officer in the East Hampton Town Police Department

WHEREAS, the Suffolk County Department of Civil Service has given an examination for Police Officer and said list (Cert #17SR369) has been canvassed and Philip Marino is reachable on this list and, now, therefore be it

 

RESOLVED, that Philip Marino be and is hereby appointed to the position of Police Officer at the annual salary of $52,526.23 (12 month training step) payable bi-weekly from budget account B3120.51100; said appointment is in effect October 15, 2017.

 

 

 

ü Vote Record - Resolution RES-2017-1073

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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

Seconder

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Sylvia Overby

Voter

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Fred Overton

Voter

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