Town Board Meeting of January 18, 2008 East Hampton, New York

Transcription

1 East Hampton Town Board Fred Overton 159 Pantigo Road Telephone: (631) East Hampton, NY Town Board Meeting of January 18, 2008 East Hampton, New York I. Call to Order 10:00 AM Meeting called to order on January 18, 2008 at Town Hall Courtroom, 159 Pantigo Road, East Hampton, NY. Attendee Name Organization Title Status Arrived Julia Prince Town of East Hampton Councilwoman Present Pete Hammerle Town of East Hampton Councilman Present Pat Mansir Town of East Hampton Councilwoman Present Brad Loewen Town of East Hampton Councilman Present William McGintee Town of East Hampton Supervisor Present Fred Overton Town of East Hampton Town Clerk Present Tiffany Scarlato Town of East Hampton Asst. Attorney Present II. III. Minutes Approval Public Portion Town Crier Hugh King spoke about old records regarding health of the people. February was the month most people died. When children died of disease, the mother usually died too because she would have to take care of them and then would contract the disease herself. Mrs. Mendelman spoke to the board about 3 Mile Harbor Road. She thinks the road needs to be renamed South 3 Mile Harbor Road and 3 Mile Harbor Road. Spoke about 2 Harbor Boulevards. Is there a committee that prevents this from happening. IV. Public Hearings 1. Schedule Public Hearing Amendment of Chapter 255 ("Zoning") COMMENTS - Current Meeting: The Town Board of the Town of East Hampton held a public hearing in the Town Hall Courtroom, Town Hall, 159 Pantigo Road, East Hampton, New York, on Friday, January 18, 2008 beginning at 10:36 a.m. and adjourning at 2:09 p.m. Deputy Town Clerk Carole A. Brennan read the Notice of Public Hearing as posted and published as required by law :00 AM Page 1

2 The following persons spoke at the hearing: Attorney Tiffany explained the change to the law. Supervisor explained the background to the law and how it was brought about as part of the comprehensive plan. Chris Kelley, Twomey, Latham & Shea said that he thinks the law can be defined to be better. Law does not contained a grandfather clause and renovations are not covered. Lot area in the code has many exclusions. Proposes a relief provision within the law. Mr. Essex, agrees with Chris Kelley's suggestions. Here to speak for the new owners of the DeMenil property on Further Lane. Property is 41 acres. Forcing people to do subdivisions. Rick Whalen supports the law thinks that anyone who has already had a public hearing needs to be exempt. Agrees with Chris Kelly on subdivisions. Village has lot size law that is 10%, town doing 12%. Andy Hammer representing five customers in particular. Agrees that there should be some type of exemption form within this law. Board needs to examine how it would affect clustered subdivisions. Maybe different front yard setbacks may help with the problem. Betty Mazur says this town is having it?s identity robbed. Large homes are not within the history and tradition of our town. Janet Schwagerl says that the town has not notified homeowners of this change. Ask town board to come up with a reasonable regulations. Thinks hearing should be reheard after all persons are noticed. Roy Parker says many people he knows are afraid to come forward and speak. He lives in the village and remembers them doing their law. We have to look at what we are really doing. Dominic Stanzione leaves in Amagansett in the Lanes. Feels that his property will be harmed by this law. This law will cause financial impacts and he does not think the officials have looked into that end of the law. Robert Schwagerl full time resident with children that go to school here. We do need a change. Would like to know the indent of the law. Does not think that this law will accomplish anything. Setbacks need to be changed. Kevin Conboy real estate broker for 17 years. We all share the goal of the law. Thinks setbacks would be better. This would make the homes more pleasing to the eye. We all have the same goals to preserve our neighborhood. Jenn Hartnagle Group for the East End, believes this law is good for the town. Law may need some polishing, but agree as a whole. Margaret Turner, EH Business Alliance does not take a stand at this point because they feel there are too many unknowns. They feel all the homeowners need to be noticed. Read letter defining all of their concerns. Please look at law more carefully :00 AM Page 2

3 Bill Crain spoke about preserving nature. By restricting building size this will protect our wildlife. Sheila Okin Amagansett CAC supports the law. They are the ones that spearheaded this legislation. Bill Jackson resident of Hedges Lane, we need some sort of balance. Jean Frankl chair of subcommittee of ACAC that worked on this project. Ed Parco MCCOM supports the legislation but does agree there are questions to be answered. Montauk has many hills and slopes that hide large buildings. Peter Mendelman opposes the legislation in it?s current form. Working families in this town need a home that is comfortable for them. Thinks this is equivalent to rezoning. Has spend over $50,000 on design, attorney?s etc. on a proposed renovation to his house that would with this new law not be allowed. Maybe south of the highway could be controlled in a different manner. Thinks second story additions that are no larger than bottom foot print should be exempt. Julia Evans Brumm resident of Montauk, member of CCOM supports the legislation. Needs some changes. Change will ultimately be in the best interest of the town. Mark Mendelman lives in Springs, has son with handicap that needs a room specially designed for his needs. Loves this town and also wants it to remain beautiful. Went away for a military career. This legislation would prevent his dreams of building a home that meets his needs on a 1/3 acre of land in Springs. You are restricting our freedom. Joan Tulp resident of Amagansett for over 47 years. Lives on one of the Lanes. Raised 4 boys in a 900 square foot home. Appreciate all your work on this legislation. John Barrows resident and president of the East End Chapter of the Long Island Builders Group. Concerned that this legislation will become another restriction. Broad approach to the entire community will have a negative effect on some areas. Need to use some industry standards within the law. Also feel that the goal might be accomplished through other means like incentives. Frank Dalene president of Telmark was the builder on this committee. Privileged to have the architect on the committee that they did. Jennifer D'Auria found this meeting to be very informative. Many of our largest assets are our homes. We are headed into a recession. Many will loose their jobs. Maybe we could solve this with more of a design issue. Feels for the families that have spoke about their homes on small lots that will be greatly impacted. People have made great investments. Ken Silverman resident of Amagansett for 37 years. Will not be affected now but would have been before his improvements. Need some site specific thought to the law. Warren Feder spoke about his current situation. He is looking to extend his current second story over an existing attached garage to house his ailing father. This law may prevent this from happening. He is already in the zoning process and has spent a great deal of money :00 AM Page 3

4 He is not changing the bottom footage of the home. He would like if they go through with the law, you grandfather those already in the process. Chris DiSunno, local resident, architect and member of the Architectural Review Board for the town. Many people now, including himself, need a home office. Majority of lots in the town are 1/3 or? acre. He does not feel this lots should be grouped with large lots. Four walls are people?s lives and homes. If an unfortunate occurrence happened in your live could you add on? Carol Morrison lives in Montauk. I think we are talking about value. Many people are coming for the view. Thinks law is trying to be charitable to neighbors. Disagrees with Don Sharkey on heights and the Pyramid Law. Showed the board pictures 2 years ago of large homes in Montauk. People come here for the environment and atmosphere here. Maybe the law needs some adjustments but we are on the right path. Larry Cantwell, East Hampton Village Administrator, spoke about the zoning rules in the 1970?s. Here today speaking as a resident. Village does have similar law which is lightly more restrictive then the law the town is proposing. If we don?t act soon, we will loose what we have worked so hard towards. Eva Groney, local architect and resident of Amagansett. On state AIA. Our environment should be our major concern. Need to slow down on the adoption. Community needs to be made aware of this legislation. Need a broader committee to look at the law. Encourage you to make a workable situation, not a one size fits all. John Talmadge of East Hampton, owner of undeveloped acreage in the town. Gave up a lot of land to agricultural rights for one small lot that will now be restricted even more. Would like to be able to give some of his land to his kids if they choose to live in East Hampton. Laurie Wiltshire Land Planning Services, will speak later. Nancy Winters live in the dunes in Amagansett. Fights the traffic each weekend for the beauty of the area. They are already in the process and would like to ask to be exempt from the aw. Rich Nardo builder on small lots mostly in the Springs area. This would be too restrictive on small lots. Most of the approximately 30 homes he has already built would not have met these requirements. Helen Sheehy resident of Amagansett, our neighborhoods are being destroyed by large homes. Commends the board for their effort. Mr. Sheehy have been coming to the board for 2 years on this issue. Urge the board to proceed. Laurie Wiltshire Land Planning Services, handed out definitions in the code for lot area and gross floor area. Many of her clients have gotten through the zoning process but have not begun building. After 2 years in the process, they would now be put back in the planning process. Definition of lot area needs to be seriously looked at. Substitute lot size for lot area. Define gross floor area, what is covered and what is not. Easements must be minus from the lot area. Serious economic impacts from this law :00 AM Page 4

5 Mr. Dick Mendelman spoke on his concerns, beliefs and viewpoints on the town, needs to be more rural. Keep and maintain the quality of our community. Martha Henderson spoke on her concerns after listening to other?s concerns. Jonathan Tabone from the Lanes thinks that the government is suppose to represent the public and he does not think the public was aware of what is going on. Second time from homeowner in the Lanes, he can not afford to be forgotten because he does not have deep pockets. There being no further public comment, a motion was made to close the hearing and leave the record open for two weeks for comments. RESULT: CLOSED [UNANIMOUS] MOVER: Pat Mansir, Councilwoman SECONDER: Pete Hammerle, Councilman AYES: Prince, Hammerle, Mansir, Loewen, McGintee 2. Schedule Public Hearing - Amendment of Chapter 255 ( Zoning ) COMMENTS - Current Meeting: The Town Board of the Town of East Hampton held a public hearing in the Town Hall Courtroom, Town Hall, 159 Pantigo Road, East Hampton, New York, on Friday, January 18, 2008 beginning at 2:10 p.m. and adjourning at 2:12 p.m. Deputy Town Clerk Carole A. Brennan read the Notice of Public Hearing as posted and published as required by law. The following persons spoke at the hearing: Mr. Crain states that immigrants are being hurt by this law. Does not think this is fair. There being no further public comment, a motion was made to close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Pete Hammerle, Councilman SECONDER: Julia Prince, Councilwoman AYES: Prince, Hammerle, Mansir, Loewen, McGintee 3. Notice of Hearing - Amend Peddling Fees COMMENTS - Current Meeting: The Town Board of the Town of East Hampton held a public hearing in the Town Hall Courtroom, Town Hall, 159 Pantigo Road, East Hampton, New York, on Friday, January 18, 2008 beginning at 2:12 p.m. and adjourning at 2:13 p.m. Deputy Town Clerk Carole A. Brennan read the Notice of Public Hearing as posted and published as required by law. There being no public comment, a motion was made to close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Pat Mansir, Councilwoman SECONDER: Pete Hammerle, Councilman AYES: Prince, Hammerle, Mansir, Loewen, McGintee :00 AM Page 5

6 4. Cold War Veterans Exemption COMMENTS - Current Meeting: The Town Board of the Town of East Hampton held a public hearing in the Town Hall Courtroom, Town Hall, 159 Pantigo Road, East Hampton, New York, on Friday, January 18, 2008 beginning at 2:14 p.m. and adjourning at 2:16 p.m. Deputy Town Clerk Carole A. Brennan read the Notice of Public Hearing as posted and published as required by law. The following persons spoke at the hearing: Bob Siverson served in War from , pleased and surprised with law. Mr. Krane thanked the board for the law. There being no further public comment, a motion was made to close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Pat Mansir, Councilwoman SECONDER: Pete Hammerle, Councilman AYES: Prince, Hammerle, Mansir, Loewen, McGintee 5. Notice of Hearing - Assignment of Lease COMMENTS - Current Meeting: The Town Board of the Town of East Hampton held a public hearing in the Town Hall Courtroom, Town Hall, 159 Pantigo Road, East Hampton, New York, on Friday, January 18, 2008 beginning at 10:30 a.m. and adjourning at 11:10 a.m. Deputy Town Clerk Carole A. Brennan read the Notice of Public Hearing as posted and published as required by law. The following persons spoke at the hearing: Attorney Jilnicki stated that Mr. Myers has asked for the hearing to be cancelled at this time. There being no further public comment, a motion was made to cancell - close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Pat Mansir, Councilwoman SECONDER: Pete Hammerle, Councilman AYES: Prince, Hammerle, Mansir, Loewen, McGintee V. Resolutions 1. COUNCILWOMAN PRINCE 1. Resolution Warrant Approval Councilwoman Julia Prince Town Clerk Warrant 1B Approval of Claims :00 AM Page 6

7 RESOLVED, that Claims on Warrant No. 1B, in the amount of $869, were audited by the Town Board and the Supervisor is hereby directed to pay same; and be it FURTHER RESOLVED, that Claims on Highway Warrant No. 1B, in the amount of $112, were audited by the Town Board and the Supervisor is hereby directed to pay same. Vote Record - Resolution RES Julia Prince Initiator as Amended Pat Mansir Voter Brad Loewen Voter William McGintee Voter 2. Resolution Public Hearing Councilwoman Julia Prince Town Attorney Cober Schedule Public Hearing and Notice of Public Hearing Pursuant to Section 247 of the General Municipal Law and Chapter 16 of the Town Code, the Town Board of the Town of East Hampton will hold a public hearing in the Town Hall Court Room, 159 Pantigo Road, East Hampton, on Friday, February 1, 2008 at 10:30 a.m. or as soon thereafter as the same may be heard, to hear comments of all persons wishing to be heard concerning the following grant of a scenic and conservation easement to the Town of East Hampton: GRANTOR: Christy Cober TYPE OF EASEMENT: Scenic and Conservation DATE OF EASEMENT: September 26, 2007 LOCATION: 3 Clamshell Avenue, East Hampton SCTM # REVIEWING AGENCY: Zoning Board of Appeals; and be it FURTHER RESOLVED, that the Town Clerk is hereby directed to publish a Notice of Public Hearing in the January 24, 2008 edition of the East Hampton Star. NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that pursuant to Section 247 of the General Municipal Law of the State of New York and provisions of the East Hampton Town Code, the Town Board of the Town of East Hampton, New York, will hold a public hearing in the Town Hall Courtroom, 159 Pantigo Road, East Hampton, New York, Friday, February 1, 2008 at 10:30 a.m. or as soon thereafter as this matter may be heard, concerning the following grant of scenic and :00 AM Page 7

8 conservation easement to the Town of East Hampton: GRANTOR: Christy Cober TYPE OF EASEMENT: Scenic and Conservation DATE OF EASEMENT: September 26, 2007 LOCATION: 3 Clamshell Avenue, East Hampton SCTM # REVIEWING AGENCY: Zoning Board of Appeals Vote Record - Resolution RES Julia Prince Initiator as Amended Pat Mansir Voter Brad Loewen Voter William McGintee Voter 3. Resolution Public Hearing Councilwoman Julia Prince Town Attorney Sacks Scenic and Conservation Easement: Schedule Public Hearing and Notice of Public Hearing Pursuant to Section 247 of the General Municipal Law and Chapter 16 of the Town Code, the Town Board of the Town of East Hampton will hold a public hearing in the Town Hall Court Room, 159 Pantigo Road, East Hampton, on Friday, February 1, 2008 at 10:30 a.m. or as soon thereafter as the same may be heard, to hear comments of all persons wishing to be heard concerning the following grant of a scenic and conservation easement to the Town of East Hampton: GRANTOR: Eugenia Sacks TYPE OF EASEMENT: Scenic and Conservation DATE OF EASEMENT: November 29, 2007 LOCATION: 183 Marine Boulevard, Amagansett SCTM # REVIEWING AGENCY: Zoning Board of Appeals; and be it FURTHER RESOLVED, that the Town Clerk is hereby directed to publish a Notice of Public Hearing in the January 24, 2008 edition of the East Hampton Star. NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that pursuant to Section 247 of the General Municipal Law of the State of New York and provisions of the East Hampton Town Code, the Town Board of :00 AM Page 8

9 the Town of East Hampton, New York, will hold a public hearing in the Town Hall Courtroom, 159 Pantigo Road, East Hampton, New York, Friday, February 1, 2008 at 10:30 a.m. or as soon thereafter as this matter may be heard, concerning the following grant of scenic and conservation easement to the Town of East Hampton: GRANTOR: Eugenia Sacks TYPE OF EASEMENT: Scenic and Conservation DATE OF EASEMENT: November 29, 2007 LOCATION: 183 Marine Boulevard, Amagansett SCTM # REVIEWING AGENCY: Zoning Board of Appeals Vote Record - Resolution RES Julia Prince Initiator as Amended Pat Mansir Voter Brad Loewen Voter William McGintee Voter 4. Resolution Issue Check Councilwoman Julia Prince Town Board Reimbursement - Lot Inspection Fee Janet Hildago WHEREAS, Jorge A. Sosa, Architect, representing Janet Hildago applied for a Lot Inspection SCTM # for a fee of $200; and WHEREAS, Janet Hildago paid the fee of $200 on 11/07/2007 not realizing that she had already applied for a Lot Inspection in 2004 and has requested that the fee of $200 paid on 11/07/2007 be reimbursed; now, therefore be it RESOLVED, the Bookkeeping Office is hereby authorized to issue a check from Revenue Line A42112 in the amount of $ for reimbursement to Janet Hildalgo. Vote Record - Resolution RES Julia Prince Initiator as Amended Pat Mansir Voter Brad Loewen Voter William McGintee Voter :00 AM Page 9

10 5. Resolution Approvals Councilwoman Julia Prince Town Attorney Approval- Reduce Application Fee Ross School WHEREAS, the Ross School, a not-for-profit corporation, has made an application to the Planning Board for the construction of various fields, tennis courts and parking areas; and WHEREAS, the Ross School has requested that the Town Board reduce the fee originally calculated for the site plan review; and WHEREAS, the Town Board has considered this request; now, therefore be it RESOLVED, that the Town Board hereby reduces the site plan review fee to be charged to the Ross School to $4, Vote Record - Resolution RES Julia Prince Initiator as Amended Pat Mansir Voter Brad Loewen Voter William McGintee Voter 6. Resolution Securities Accepted Councilwoman Julia Prince Town Attorney [Accept Security, Urban Renewal] Accept Security - Urban Renewal - Behr WHEREAS, pursuant to the New York Urban Renewal Laws, the Town Board has adopted Urban Renewal Plans governing the development of Old Filed Map areas within the Town; and WHEREAS, to ensure timely construction of roads and drainage within the urban renewal areas, the plans require owners of individual building lots to perform a predetermined amount of roadwork at the time a building permit is sought for the lot; and WHEREAS, the Town Engineer and the Planning Board have now assigned to the parcels listed below specific work to be accomplished, and in order that building permits may be issued, the applicants have submitted to the Town a written promise (Undertaking) to accomplish the work and have submitted security therefore; and :00 AM Page 10

11 WHEREAS, the listed undertaking and security have been reviewed by Counsel to the Planning Board and Counsel to the Town Board and approved, now, therefore, be it RESOLVED, that the undertaking, together with the following security, are hereby accepted by the Town: APPLICANT UR PARCEL/UR PLAN SECURITY (Filed Map or SCTM#) Glen Behr URP 3 in MN-4 Cashier's Check # Asharoken Ave. Map 1016, Blk 200A Bank of America Northport, NY Lot #13 $9, Vote Record - Resolution RES Julia Prince Initiator as Amended Pat Mansir Voter Brad Loewen Voter William McGintee Voter 7. Resolution Securities Released Councilwoman Julia Prince Town Attorney Release Security - UR - Flood [RELEASE SECURITY] WHEREAS, a report has been received from the Town Engineer approving road work in certain Urban Renewal areas; and WHEREAS, the Planning Board, acting as a Board of Review, has recommended that the Town Board return security posted for said road work; now, therefore, be it RESOLVED, that the following security held by the Town Board is hereby released, and the Town Clerk is directed to return same to the principal party named thereon: NAME OF PRINCIPAL UR PARCEL TYPE OF SECURITY AMOUNT (Applicant) SCTM# Richard J. Flood URP 13 in MN-4 Official Check $9, Hawthorne Ave. Map 1016, Blk 156 Suff. Cnty Nat'l. Bank Sag Harbor, NY Lots 2 & :00 AM Page 11

12 Vote Record - Resolution RES Julia Prince Initiator as Amended Pat Mansir Voter Brad Loewen Voter William McGintee Voter 8. Resolution Urban Renewal Modification Councilwoman Julia Prince Town Attorney Approve UR Modifcation - EH-4 (Berti) WHEREAS, a public hearing was held on July 6, 2007 by the East Hampton Town Board to consider certain modifications to the Town's Urban Renewal Plans; and WHEREAS, the proposed modification involves a change in the access to several Urban Renewal Parcels, together with the resulting elimination of some areas of unopened roads which can be abandoned as well as the addition of new areas available for abandonment; and WHEREAS, proposed changes to the Urban Renewal Map is classified as an unlisted action pursuant to the New York State Environmental Quality Review Act (SEQRA) and Chapter 128 (Environmental Review) of the Town Code, and an Environmental Assessment form was prepared with regard to the same and a determination made that no potentially significant adverse environmental impacts would result from the proposed action; and WHEREAS, the Town Engineer and the Town Planning Board have reviewed the proposed amendments and the Planning Board has adopted a resolution recommending such modifications be approved by the Town Board; and WHEREAS, the Town Board finds the proposed modifications to be reasonable, appropriate, and in keeping with the Urban Renewal Plans in which it is located; now therefore, be it RESOLVED, that the below-listed Urban Renewal Modification is hereby approved: URBAN RENEWAL MAP NUMBER OLD FILED MAP MODIFICATION URP 1 in EH-4 Map 426, Lots , TM & p/o 3.2 shall take access via Atwell Street. URP 3 in EH-4 Map 426, Lots & p/o Morrell Street, TM shall take access over the west side of a :00 AM Page 12

13 common driveway onto Muir Boulevard to allow for URP 32 in EH-4 (Map 218, Block 24, Lots , TM ) to abandon p/o Morrell Street. URP 3A in EH-4 Map 426, Lots ; , TM shall be permitted to abandon only a portion of Morrell St URP 4 in EH-4 Map 426, Lots ; , TM shall take access via a common driveway onto Harbor View Avenue. URP 5 in EH-4 Map 426, Lots & p/o Summit St., TM p/o 19.1 shall take access over the east side of a common driveway onto Muir Boulevard to allow for URP 33 in EH-4 (Map 218, Blk. 29, Lots , TM ) to abandon p/o Summit St. URP 5A in EH-4 Map 426, Lots & p/o Birch St., TM p/o 16.2 shall take access via a common driveway onto Harbor View Ave. URP 6 in EH-4 Map 426, Lots , TM & 9 shall be permitted to abandon only the revised portion of Summit St. URP 34 in EH-4 Map 218, Block 30, Lots ; ; TM shall not be permitted to abandon a portion of Summit St. and be it further RESOLVED, that the Urban Renewal Map shall be modified to depict the aforementioned changes. Vote Record - Resolution RES Julia Prince Initiator as Amended Pat Mansir Voter Brad Loewen Voter William McGintee Voter :00 AM Page 13

14 2. COUNCILMAN HAMMERLE 1. Resolution Local Law Public Hearing Councilman Pete Hammerle Town Attorney NOPH Local Law - Amend Chapter 91 Beaches & Parks WHEREAS, Chapter 91 (BEACHES AND PARKS) at Section 91-5 "Vehicles on the beach" sets forth a specified fee for a non-resident permit to operate a vehicle on the beach; and WHEREAS, specifying the fee in the Code requires an amendment to the Code and the publication of a Code update each time a change is made with regard to such fee; and WHEREAS, the Town Board wishes to amend to code to permit the fees to be changed from time to time by duly adopted resolution of the Town Board; now, therefore, be it RESOLVED, that a public hearing is hereby scheduled to be held on a proposed Local Law amending Chapter 91 (BEACHES AND PARKS) of the East Hampton Town Code in order to allow for the fee for a non-resident beach vehicle permit to be set from time to time by resolution of the Town Board, said proposed Local Law to read as follows: LOCAL LAW NO. OF 2008 INTRODUCTORY NO. 1 OF 2008 A Local Law providing for the amendment of Chapter 91 (BEACHES AND PARKS), Section 91-5 "Vehicles on the beach.", paragraph A "Requirements" sub-paragraph (4) to allow for the fee for a non-resident beach vehicle permit to be set from time to time by resolution of the Town Board, 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. - TOWN CODE AMENDED: The East Hampton Town Code, Chapter 91 (Beaches and Parks) Section 91-5 "Vehicles on the beach." Paragraph A "Requirements", sub-paragraph (4) is hereby amended to read in its entirety as follows: (4) No person shall operate a vehicle on the beach unless said vehicle has been issued and displays a valid and proper East Hampton town resident beach vehicle permit issued by the East Hampton Town Clerk. Resident permits shall be issued free of charge to all residents of the Town of East Hampton who shall submit proof of residency or property ownership within the township and a valid registration in the name of the resident or property owner. Permits shall be issued to nonresidents upon payment to the Town Clerk of a nonrefundable fee in an amount determined from time to time by resolution of the Town Board. Such nonresident permits shall expire on December 31 of each year. Disabled veterans and individuals possessing a valid mobility impaired license-plate shall be entitled to a fifty-percent discount on the cost of the permit. The Town Clerk shall inspect all applications for permits and :00 AM Page 14

15 determine the validity of the qualifications presented in accordance with the provisions of this section. The permit shall be affixed to the vehicle in the location specified by the Town Clerk and shall be placed in such location in a manner which allows the permit to be clearly visible at all times when the vehicle is in motion. A violation of the provisions of this Subsection A(4) shall be punishable as follows: for a first offense, by a fine of not less than $250 or by imprisonment for up to 15 days, or both; for a second offense within a period of 18 months, by a fine of not less than $250 nor more than $500 or by imprisonment for up to 15 days, or both; and for a third offense within a period of 18 months, by a fine of not less than $400 nor more than $1,000 or by imprisonment for up to 15 days, or both. SECTION II. - 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 III. - EFFECTIVE DATE: This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. AND BE IT FURTHER RESOLVED, that the Town Clerk is directed to publish a Notice of Public Hearing in the January 24, 2008 edition of the East Hampton Star; NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of East Hampton will hold a public hearing at Town Hall, 159 Pantigo Road, East Hampton, New York, on Friday, February 1, 2008, at 10:30 a.m., or as soon thereafter as this matter may be heard, to consider comments of all persons regarding the amendment to Chapter 91 (BEACHES AND PARKS) of the East Hampton Town Code, to provide for the fee for a non-resident permit to operate a vehicle on the beach to be set from time to time by resolution of the Town Board. The full text of the proposed local law is available in the Town Clerk's office for inspection. Any person wishing to be heard with regard to this local law may do so, in person or by agent, or in writing delivered to the Town Clerk, 159 Pantigo Road, East Hampton, New York and actually received by the Clerk before the time and date set forth herein for the hearing. Dated: January 18, 2008 BY ORDER OF THE TOWN BOARD TOWN OF EAST HAMPTON FRED OVERTON TOWN CLERK :00 AM Page 15

16 Vote Record - Resolution RES Julia Prince Seconder as Amended Pete Hammerle Initiator Pat Mansir Voter Away Brad Loewen Voter William McGintee Voter 2. Resolution Local Law Public Hearing Councilman Pete Hammerle Town Attorney Schedule Public Hearing Local Law Amending Chapter 240 (Vehicles and Traffic) BE IT RESOLVED, that a public hearing is hereby scheduled to be held on a proposed Local Law amending Chapter 240 of the East Hampton Town Code in order to prohibit parking along Agnew Ave, Montauk, and prohibit parking 200 feet north from Old Montauk Highway along Arnold Court, Coolidge Road, Franklin Drive, Grant Drive, Hamilton Avenue, Jackson Road, Lincoln Road, Monroe Drive, Lee Court, Sherman Road, Taft Drive, Tyler Road, Washington Drive, Webster Drive, and Wood Drive, all in Montauk, 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 Friday, February 1, 2008, at 10:30 a.m. or as soon thereafter as this matter may be heard, and said proposed Local Law to read as follows: LOCAL LAW NO. OF 2008 INTRODUCTORY NO. 2 OF 2008 A Local Law providing for the amendment of Chapter 240, Section ("Schedule XI: Parking Prohibited at All Times ") of the East Hampton Town Code to read as follows: BE IT ENACTED by the Town Board of the Town of East Hampton as follows: SECTION I. - FINDINGS AND OBJECTIVES: The Town Board has determined that the parking restriction on Agnew Avenue, Montauk should be amended to reflect that parking along this street is prohibited for the safety of the public. The Board has further determined that parking should be prohibited 200 feet north from Old Montauk Highway along Arnold Court, Coolidge Road, Franklin Drive, Grant Drive, Hamilton Avenue, Jackson Road, Lincoln Road, Monroe Drive, Lee Court, Sherman Road, Taft Drive, Tyler Road, Washington Drive, Webster Drive, and Wood Drive for the safety of the public. SECTION II. - TOWN CODE AMENDED: Chapter 240 ("Parking") of the East Hampton Town Code is hereby amended to read as follows: :00 AM Page 16

17 CHAPTER 240 Parking Schedule XI: Parking Prohibited at All Times. In accordance with the provisions of , no person shall park a vehicle at any time upon any of the following described streets or parts of streets:: Name of Street Side Location [The following subsection is to be amended] Agnew Avenue Both Entire length Arnold Court Both From Montauk Highway north for 200 feet Coolidge Road Both From Montauk Highway north for 200 feet Franklin Drive Both From Montauk Highway north for 200 feet Grant Drive Both From Montauk Highway north for 200 feet Hamilton Avenue Both From Montauk Highway north for 200 feet Jackson Road Both From Montauk Highway north for 200 feet Lincoln Road Both From Montauk Highway north for 200 feet Monroe Drive Both From Montauk Highway north for 200 feet Lee Court Both From Montauk Highway north for 200 feet Sherman Road Both From Montauk :00 AM Page 17

18 Highway north for 200 feet Taft Drive Both From Montauk Highway north for 200 feet Tyler Road Both From Montauk Highway north for 200 feet Washington Drive Both From Montauk Highway north for 200 feet Webster Drive Both From Montauk Highway north for 200 feet Wood Drive Both From Montauk Highway north for 200 feet 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 this Notice of Public Hearing in the January 24, 2008 edition of the East Hampton Star. Vote Record - Resolution RES Julia Prince Seconder as Amended Pete Hammerle Initiator Pat Mansir Voter Away Brad Loewen Voter William McGintee Voter :00 AM Page 18

19 3. Resolution Appointments Councilman Pete Hammerle Human Resources Part-Time Re-Appointments RESOLVED, that the following part-time employees of the Town of East Hampton are hereby re-appointed on January 1, 2008 at the specified title and hourly rate: NAME Title ACCOUNT# Hourly Rate Segundo Tamayo Laborer A Christopher Briand Rec. Aid A Howard Lebwith Rec. Aid A Robert Keller Assistant A Supt. of Rec. and be it further RESOLVED, that a copy of this resolution be forwarded by the Town Clerk to the appropriate personnel Vote Record - Resolution RES Julia Prince Seconder as Amended Pete Hammerle Initiator Pat Mansir Voter Away Brad Loewen Voter William McGintee Voter 4. Resolution Personnel Misc. Councilman Pete Hammerle Human Resources Completion of Probation - S. Rack, N. Merrick-Thomas & L. Moseley - Custodial Worker I - Parks & Recreation Department WHEREAS, by Resolution # , dated January 5, 2007, the Town Board appointed Sharon S. Rack, Norma Merrick-Thomas and Lynsferd Moseley to the position of Custodial Worker I pending completion of their probationary period, and WHEREAS, Sharon S. Rack, Norma Merrick-Thomas and Lynsferd Moseley have successfully completed their probationary period of 52 weeks, now therefore be it :00 AM Page 19

20 RESOLVED, that Sharon S. Rack, Norma Merrick-Thomas and Lynsferd Moseley be permanently appointed to the position of Custodial Worker I, and be it further RESOLVED, that a copy of this resolution be forwarded by the Town Clerk to the appropriate personnel. Vote Record - Resolution RES Julia Prince Seconder as Amended Pete Hammerle Initiator Pat Mansir Voter Brad Loewen Voter William McGintee Voter 5. Resolution Personnel Misc. Councilman Pete Hammerle Human Resources Pay-Out of Accrued Time Scott King WHEREAS, in accordance with the policy of the town of East Hampton earned Vacation & Compensatory time is to be paid upon separation from employment, and WHEREAS, Scott King, resigned his appointed position of Deputy Superintendent of Highways to accept his elected position of Superintendent of Highways effective 12/31/2007, and audited time records indicate that he has an accrued vacation time balance, now therefore be it RESOLVED, that the Finance Office be authorized to cut a check through payroll from the appropriate payroll account for 144 vacation hours at $ per hour for a gross total of $4, to Scott King as a final pay-out; and be it further RESOLVED, that a copy of this resolution be forwarded by the Town Clerk to the appropriate personnel. Vote Record - Resolution RES Julia Prince Seconder as Amended Pete Hammerle Initiator Pat Mansir Voter Brad Loewen Voter William McGintee Voter :00 AM Page 20

21 6. Resolution Conference Councilman Pete Hammerle Town Board Attend Annual NYS Youth Violence Conference - Audrey Gaines BE IT RESOLVED, that the Director of Youth Services Audrey Gaines is hereby authorized to attend the New York State Division of Criminal Justice Services' annual Conference "Reducing Youth Violence in New York State" on February 4th through February 6th, 2008 in Albany, New York; and, be it further RESOLVED, that the conference registration fee of $100.00, plus one night's lodging at the Holiday Inn in Albany at a cost of $105.00, and allowable meals and travel expenses are payable out of Budget Account #A upon properly submitted vouchers; and, be it further RESOLVED, the Town Clerk is hereby requested to forward a copy of this resolution to the appropriate individuals. Vote Record - Resolution RES Julia Prince Seconder as Amended Pete Hammerle Initiator Pat Mansir Voter Brad Loewen Voter William McGintee Voter 7. Resolution Agreements, Contracts, Leases Councilman Pete Hammerle Town Board Approve Drama Workshops - Youth Services - Helen Mendes BE IT RESOLVED, that Helen Mendes is hereby approved to provide twenty-three (23) Drama sessions in the Town's Division of Youth Services' After School program beginning January 25, 2008, at a cost of $ per session, a total of $ payable out of Budget Account #A upon properly submitted vouchers; and, be it further RESOLVED, the Town Clerk is requested to forward a copy of this resolution to the appropriate individuals :00 AM Page 21

22 Vote Record - Resolution RES Julia Prince Seconder as Amended Pete Hammerle Initiator Pat Mansir Voter Brad Loewen Voter William McGintee Voter 8. Resolution Agreements, Contracts, Leases Councilman Pete Hammerle Town Board Approve Dance Workshops - Youth Services - Karen Arceneaux BE IT RESOLVED, that Karen Arceneaux is hereby approved to provide eight (8) sessions of dance instruction in the Town's Division of Youth Services After School program beginning April 3, 2008, at a cost of $ per session, a total of $1, payable out of Budget Account #A ; and, be it further RESOLVED, the Town Clerk is requested to forward a copy of this resolution to the appropriate individuals. Vote Record - Resolution RES Julia Prince Seconder as Amended Pete Hammerle Initiator Pat Mansir Voter Brad Loewen Voter William McGintee Voter 3. COUNCILWOMAN MANSIR 1. Resolution Appointments Councilwoman Pat Mansir Human Resources Appoint Call In Habor Masters & Beach Patrols Harbors and Docks WHEREAS, the Department of Harbors and Docks wishes to maintain Harbor Master services; now therefore be it RESOLVED, that the following individuals status be changed to Call In Harbor Masters and at a new hourly rate from budget account number B , said appointments to take effect retroactive to January 1, :00 AM Page 22

23 Harbor Masters Mike Argenti -$ /hr Joe Dryer-$ /hr Charles Kamensky-$ /hr John Tilley-$ /hr Tom Newbert-$ /hr Glen Hutter-$ /hr Laborers Mike Krauss-$ Robert Stone III- $ /hr and be it further RESOLVED, that a copy of this resolution be forwarded by the Town Clerk to the appropriate personnel. Vote Record - Resolution RES Julia Prince Voter as Amended Pete Hammerle Voter Pat Mansir Initiator Brad Loewen Seconder William McGintee Voter Away 2. Resolution Conference Councilwoman Pat Mansir Town Board Annual CEO Training Conf. 3/09-3/12/08 Michael Johnson & David Browne WHEREAS, Michael J. Johnson, Chief Fire Marshal, has requested that he and David Browne, Fire Marshal, be authorized to attend the Annual CEO Training Conference, sponsored by the New York State Building Officials Conference, to be held in White Plains, NY Sunday, March 9 th though Wednesday, March 12 th, 2008; now, therefore be it RESOLVED, that Michael Johnson, Chief Fire Marshal and David Browne, Fire Marshal, are hereby authorized to attend said conference March 9 th through March 12 th, 2008; and, be it further RESOLVED, that all allowable expenses incurred are to be paid from Budget Acct. B (Training Expense) upon voucher properly submitted; and, be it further Vote Record - Resolution RES Julia Prince Voter as Amended Pete Hammerle Voter Pat Mansir Initiator Brad Loewen Seconder William McGintee Voter :00 AM Page 23

24 3. Resolution Permits - Gatherings Councilwoman Pat Mansir Town Board Art Show - Montauk Artists Assoc. 8/16 & 8/17/08 WHEREAS, application has been received from Anne Weissman, Treasurer, Montauk Artists Assoc., to hold an Outdoor Art Show on the Green in Montauk on August 16 th & 17 th, 2008 beginning at 10:00 a.m. and ending at 6:00 p.m. with setup on Friday evening, August 15 th, 2008; and, WHEREAS, all debris and trash associated with the affair will be disposed of by the Artists Assoc.; and, be it WHEREAS, the Hold Harmless Agreement has been signed and notarized; now, therefore RESOLVED, any damage to the sprinkler system or the gazebo will be the responsibility of the applicant; and be it further RESOLVED, pending the approved tent permit and receipt of the Certificate of Insurance, as required in the Mass Gathering Permit, the application of the Montauk Artists Assoc. is hereby approved. Vote Record - Resolution RES Julia Prince Voter as Amended Pete Hammerle Voter Pat Mansir Initiator Brad Loewen Seconder William McGintee Voter 4. Resolution Permits - Gatherings Councilwoman Pat Mansir Town Board Madoff Company Dinner Dance 7/12/2008 Montauk Yacht Club WHEREAS, application has been received from Charles Weiner, Director of Administration, Madoff Investment Securities, to hold their Annual Company Dinner Dance for approximately 400 guests at the Montauk Yacht Club on Saturday, July 12, 2008 between the :00 AM Page 24

25 hours of 6:00 p.m and 11:00 p.m.; and, WHEREAS, the Hold Harmless Agreement has been signed and notarized, and the Certificate of Insurance is attached, as required in the Mass Gathering Permit; now, therefore be it RESOLVED, pending approval of the Tent Permit from the Fire Marshal's Office, this application is hereby approved. Vote Record - Resolution RES Julia Prince Voter as Amended Pete Hammerle Voter Pat Mansir Initiator Brad Loewen Seconder William McGintee Voter 5. Resolution Permits - Gatherings Councilwoman Pat Mansir Town Board Madoff Company Beach Party 7/12/2008 Beach Front - Beachcomber Resort & Briny Breezes Resort WHEREAS, application has been received from Charles Weiner, Director of Administration, Bernard L. Madoff Investment Securities, to have their annual company picnic for approximately 450 people in front of the Beachcomber Resort and Briny Breezes Resort in Montauk on Saturday, July 12, 2008 between the hours of 11:00 a.m. & 4:00 p.m.: and, WHEREAS, all guests at this company picnic are not to traverse the dunes in any way for any reason; and, WHEREAS, all rubbish is to be removed from the beach area and disposed of properly; and, Whereas, the Hold Harmless Agreement has been signed & notarized and the Certificate of Insurance is attached, as required in the Mass Gathering Permit; now, therefore be it RESOLVED, this application is hereby approved providing that parking of vehicles is only in permitted areas :00 AM Page 25

26 Vote Record - Resolution RES Julia Prince Voter as Amended Pete Hammerle Voter Pat Mansir Initiator Brad Loewen Seconder William McGintee Voter 4. COUNCILMAN LOEWEN 1. Resolution Appointments Councilman Brad Loewen Human Resources Appoint Frederick Loewe -Assistant Group Leader Human Service/ Youth Services Division RESOLVED that Frederick Loewe be and is hereby appointed to the part time position of Assistant Group Leader with the Human Services Department at the rate of $25.00 per hour payable biweekly with time card properly submitted from budget account #A effective retroactive to January 16, 2008 and be it further RESOLVED, that a copy of this resolution be forwarded by the Town Clerk to the appropriate personnel Vote Record - Resolution RES Julia Prince Voter as Amended Pete Hammerle Voter Pat Mansir Seconder Brad Loewen Initiator William McGintee Voter 2. Resolution Personnel Misc. Councilman Brad Loewen Human Resources Completion of Probation - Tara Burke WHEREAS, by Resolution # , dated April 3, 2007, the Town Board appointed Tara Burke to the position of Principle Planner pending completion of her probationary period, and WHEREAS, Tara Burke has successfully completed her probationary period of 12 weeks, now therefore be it :00 AM Page 26

27 RESOLVED, that Tara Burke be permanently appointed to the position of Principle Planner retroactive to June 25, 2007, and be it further RESOLVED, that a copy of this resolution be forwarded by the Town Clerk to the appropriate personnel. Vote Record - Resolution RES Julia Prince Voter as Amended Pete Hammerle Voter Pat Mansir Seconder Brad Loewen Initiator William McGintee Voter 5. SUPERVISOR McGINTEE 1. Resolution Public Hearing Supervisor William McGintee Land Acquisition Kold SPH NPH SCHEDULE PUBLIC HEARING - REAL PROPERTY ACQUISITION Property of: Robert G Kold Address: 29 Isle of Wight Rd. SCTM #: WHEREAS, the Town of East Hampton is considering the purchase of land, for open space purposes, that consists of approximately.6 acres of land located in Springs which lands are identified on the Suffolk County Tax Map as SCTM # ; and WHEREAS, the proposed total purchase price is $400,000.00, plus survey, title, prorated tax, and recording charges; and WHEREAS, the purpose of said acquisition is the preservation of open space and community character; and NOW, THEREFORE, BE IT RESOLVED, that pursuant to 247 of the General Municipal Law and 64-e (8) of the Town Law of the State of New York, the Town Board will hold a public hearing to consider the acquisition of the above-described properties, reputedly owned by Robert G. Kold at a cost to the Town of East Hampton not to exceed $400,000.00, plus reasonable survey, title, prorated tax, and recording charges, said public hearing to be held at the Town Hall Court Room, East Hampton Town Hall, 159 Pantigo Road, East Hampton, New :00 AM Page 27

28 York, on February 1, 2007 at 10:30 a.m. or as soon thereafter as this matter may be heard; and be it FURTHER RESOLVED, that the Town Clerk is hereby directed to publish a Notice of Public Hearing in the January 24, 2008 edition of the East Hampton Star. NOTICE OF PUBLIC HEARING TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing pursuant to 247 of the General Municipal Law of the State of New York on February 1, 2008 at 10:30 a.m. in the Court Room, Town Hall, 159 Pantigo Road, East Hampton, New York, or as soon thereafter as this matter may be heard, to consider the Town's acquisition for open space purposes, of property located on 29 Isle of Wight Rd., Springs reputedly owned by Robert G. Kold, and consisting of approximately.6 acres of land, with a purchase price of $400,000, plus survey, title, prorated tax, and recording charges, said property being described on the Suffolk County Tax Map as SCTM # ; and Any person or party wishing to be heard with respect to the foregoing may do so, in person or by agent or by attorney, or by written comment addressed to the East Hampton Town Clerk, 159 Pantigo Road, East Hampton, New York and actually received by the date and time of the public hearing as set forth herein. Dated: January 18, 2008 BY ORDER OF THE TOWN BOARD TOWN OF EAST HAMPTON FRED L. OVERTON, TOWN CLERK Vote Record - Resolution RES Julia Prince Voter as Amended Pat Mansir Voter Brad Loewen Voter William McGintee Initiator 2. Resolution Appointments Supervisor William McGintee Human Resources Provisional Appointment - Kenneth Glogg, Ordinance Inspector :00 AM Page 28

29 WHEREAS, Suffolk County Department of Civil Service has given an examination for Ordinance Inspector and said eligible list has been canvassed resulting in less than three willing acceptors, and WHEREAS, the Town of East Hampton has requested and received permission to fill the position of Ordinance Inspector on a provisional basis, and WHEREAS, in accordance with the CSEA contract the position has been posted # from September 14, 2007 through October 5, 2007, now therefore be it RESOLVED, that Kenneth Glogg be and he is hereby appointed on a provisional basis to the full-time position of Ordinance Inspector, at the annual salary of $41, (Salary Grade 20 - Step 1, $ per hour) for a 40 hour work week, payable biweekly from budget account #B , said appointment to take effect retroactive to January 15, 2008, and be it further RESOLVED, that a copy of this resolution be forwarded by the Town Clerk to the appropriate personnel. Vote Record - Resolution RES Julia Prince Voter as Amended Pat Mansir Voter Brad Loewen Voter William McGintee Initiator 3. Resolution Personnel Misc. Supervisor William McGintee Human Resources Completion of Probation - Heath Liebman WHEREAS, by Resolution # , dated May 17, 2007, the Town Board appointed Heath Liebman to the position of Network & Systems Specialist II pending completion of his probationary period, and WHEREAS, Mr. Liebman has successfully completed his probationary period of 26 weeks, now therefore be it RESOLVED, that Heath Liebman be permanently appointed to the position of Network & Systems Specialist, II retroactive to November 26, 2007, and be it further RESOLVED, that a copy of this resolution be forwarded by the Town Clerk to the appropriate personnel :00 AM Page 29