1. law, govt and politics

Village of Westhampton Beach
Board of Trustees Meeting
Thursday, June 4, 2015 at 7 p.m.
PLEDGE OF ALLEGIANCE
PUBLIC HEARINGS
1.
Code Amendment - Enact Chapter 4 of the Village Code "Appearance Tickets "
2.
Code Amendment - Chapter 197-30 C 17(b) of the Village Code "Signs"
3.
Code Amendment - Chapter 178 of the Village Code "Vehicles and Traffic"
RESOLUTIONS:
1.
Accept minutes of Board of Trustees Meetings
2.
Accept Departmental Monthly Reports
3.
Authorize Use of Village Property-Ocean Dunes Club Condominium
4.
Authorize Use of Village Property-The Sandcastle at Westhampton Beach
5.
Approve Use of Village Property-Westhampton Cultural Consortium
6.
Approve Use of Village Property- St. Mark's Church
7.
Approve Use of Village Property-Rotary Club of Westhampton
8.
Approve Use of Village Property-Library Avenue Owners Corporation/Harbor
House
9.
Authorize Use of Village Property-Westhampton Beach Elementary School
10.
Accept Proposal for Services - EMT Governmental Accounting
11.
Appoint Gabreski Airport Conservation Committee Member
12.
Approve Amended 2015 Beach Rates
13.
Appoint 2015 Seasonal Beach Personnel
14.
Award Bid Contract - Road Sweeper
15.
Authorize Payment from the Highway Department Equipment Reserve Fund
16.
Authorize Mayor to Sign Downtown Revitalization Grant Application
17.
Authorize SEQRA Determination-Downtown Revitalization Grant
18.
Authorize 2015 Renewal Wetter or Not Outdoor Music Permit
19.
Authorize SEQRA Review - 92 Oak Street, Westhampton Beach
20.
Approve Warrant for May 2015
PUBLIC COMMENT
ADJOURN
Village of Westhampton Beach
Board of Trustees Meeting
Thursday, June 4, 2015 at 7 p.m.
PLEDGE OF ALLEGIANCE
PUBLIC HEARINGS:
Local Law# 1 of 2015 Code Amendment - Enact Chapter 4 of the Village Code
"Appearance Tickets"
(SEE ATTACHED RESOLUTION)
Local Law# 2 of 2015 Code Amendment- Chapter 197-30 C 17(b) of the Village Code
"Signs"
(SEE ATTACHED RESOLUTION)
Local Law# 3 of 2015 Code Amendment- Chapter 178 of the Village Code "Vehicles
and Traffic"
(SEE ATTACHED RESOLUTION)
RESOLUTIONS:
1.
Accept minutes of Board of Trustees Meeting
RESOLVED, that the minutes of the Board of Trustees Meeting of May 7, 2015 and
Special Meeting of May 27 , 2015 are hereby accepted.
2.
Accept Departmental Monthly Reports
RESOLVED, that the Treasurer's reports for April 2015 , Justice Court, Police
Department's and Building Inspector's reports for May 2015 , are hereby accepted.
3.
Authorize Use of Village Property-Ocean Dunes Club Condominium
RESOLVED , that the Ocean Dunes Club Condominium is hereby authorized to use
the Village Hall Board Meeting Room on Saturday, June 20, 2015 from 9:00 a.m. to
12:00 p.m. for the Annual Condominium Meeting.
4.
Authorize Use of Village Property-The Sandcastle at Westhampton Beach
RESOLVED, that the Sandcastle at Westhampton Beach Condominium is hereby
authorized to use the Village Hall Board Meeting Room on Saturday, July 11, 2015
from 1:00 p.m . to 3:00 p.m. for the Annual Condominium Meeting.
5.
Approve Use of Village Property-Westhampton Cultural Consortium
RESOLVED , that the Westhampton Cultural Consortium is hereby authorized to
conduct outdoor concerts each Thursday beginning July 2, 2015 through August 20 ,
2015 from 7:00 p.m. to 9 p.m. at the Village Green .
6.
Approve Use of Village Property- St. Mark's Church
RESOLVED, that St. Mark's Church is hereby authorized to use the Great Lawn on
Saturday, September 5, 2015 and Sunday, September 6, 2015 from 9:00 a.m . to
6:00 p.m. for the Annual Art Show and Sale; with set-up day of Friday September 4,
2015.
7.
Approve Use of Village Property-Rotary Club of Westhampton
RESOLVED, that the Rotary Club of Westhampton is hereby authorized to use the
Great Lawn on Saturday, August 8, 2015 and Sunday, August 9, 2015 from 10:00
a.m . to 5:00 p.m. and 12:00 p.m. to 5:00 p.m ., respectively, with set-up days of
August 5th and ih and take down day of Monday August 101h for the Annual Rotary
Flea Market.
8.
Approve Use of Village Property-Library Avenue Owners
Corporation/Harbor House
RESOLVED, that the Library Avenue Owners Corporation/Harbor House is hereby
authorized to use the Trustee Meeting Room at Village Hall on Saturday, July 18,
2015 from 9:30 a.m. to 12:00 p.m. for a Board of Directors Meeting.
9.
Authorize Use of Village Property-Westhampton Beach Elementary School
RESOLVED, that the Westhampton Beach Elementary School is hereby authorized
to use Rogers Beach on Friday, June 19, 2015 from 9:30 a.m . to 2:30 p.m. for the
annual 5th Grade Beach Day.
10.
Accept Proposal for Services - EMT Governmental Accounting
RESOLVED , that the proposal submitted by EMT Governmental Accounting
Services for the 2015-16 Fisca I Year is hereby accepted pursuant to the attached at
a rate of $97.50 per hour.
11.
Appoint Gabreski Airport Conservation Committee Member
RESOLVED , that Beecher Halsey is hereby appointed to serve a three (3) year term
as a member of the Gabreski Airport Conservation Committee effective June 5,
2015.
12.
Approve Amended 2015 Beach Rates Schedule
RESOLVED, that the amended beach rates schedule for 2015 is hereby approved .
13.
Appoint 2015 Seasonal Beach Personnel
RESOLVED, that Thomas Betjemann is hereby appointed to the position of
Assistant Beach Manager at Rogers Beach at a rate of $18.00 per hour to be
funded from A7310 .100 Beach Managers.
14.
Award Bid Contract - Road Sweeper
RESOLVED, that the Board of Trustees hereby accepts the bid submitted by Trius
Inc. in the amount of $195,000 .00 for a Tymco Road Sweeper as specified in the bid
documents.
15.
Authorize Payment from the Highway Department Equipment Reserve Fund
WHEREAS, by Resolution on December 4, 2013 , the Board of Trustees hereinafter,
the "Board") established a Capital Reserve Fund to finance the cost of the
acquisition of equipment for the Highway Department, known as the "Highway
Department Equipment ReseNe Fund of the Village of Westhampton Beach"
(hereinafter, the "Reserve Fund") into which the sum of $90,000 .00 was deposited
from surplus moneys on hand for 2013/2014 ; and
WHEREAS, pursuant to the Resolution, additional sums could be appropriated and
deposited into the ReseNe Fund; and
WHEREAS , additional funds were appropriated and deposited to the ReseNe Fund ,
and as of April 30, 2015, the ReseNe Fund had a balance of $190, 181.41; and
WHEREAS, pursuant to New York State General Municipal Law §103 , on May 14,
2015 the Board advertised for bids for one (1) Road Sweeper for the Department of
Public Works; and
WHEREAS, the terms "Highway Department" and "Department of Public Works" are
synonymous; and
WHEREAS, on June 4, 2015 the Board accepted the lowest bid of $195,000 .00
submitted by Trius Inc. for the Road Sweeper; and
WHEREAS , the money to pay for Road Sweeper can only be taken from the
ReseNe Fund upon the authorization of the Board and subject to a permissive
referendum, pursuant to General Municipal Law §6-c(B); it is hereby
RESOLVED that the Board authorizes the payment of the sum of $190,000 .00 from
the ReseNe Fund for the payment of the Road Sweeper, and $5 ,000.00 from G/L
account A5110.2 Highway Department Equipment and it is further
RESOLVED that, pursuant to New York State Village Law§ 9-900, within ten days
after the adoption of this Resolution by the Board , the Village Clerk shall post and
publish a notice , in the same manner as is provided for notice of a general village
election, which shall set forth the date of the adoption of the Resolution containing
an abstract of the Resolution , concisely stating the purpose and effect thereof and
indicating that such Resolution is subject to a permissive referendum .
16.
Authorize Mayor to Sign Downtown Revitalization Grant Application
WHEREAS, the Village of Westhampton Beach is always desirous to improve the
economy and quality of life within the Village of Westhampton Beach; and
WHEREAS, through the Suffolk County Downtown Revitalization Program, the
County of Suffolk participates with local governments in the development, support
and funding of projects located in Suffolk County that will have an important and
sustainable impact on downtowns and business districts; and
WHEREAS, as part of the application process in conformity with Suffolk County
Resolution No. 808-1998, the County of Suffolk requires a resolution of the Board of
Trustees showing local support for the proposed project; and
WHEREAS, upon the County's approval of the project, the Village would be required
to enter into an inter-municipal agreement with the County under Article 5G of the
General Municipal Law pursuant to which the Village of Westhampton Beach would
be required to undertake and complete the project and the County would be
responsible for providing financing for all or part of the cost of the project; and
WHEREAS , in order to provide County financing for all or part of the project, the
County of Suffolk must obtain a leasehold, easement or other real property interest
in the site of the project; and
WHEREAS , the Greater Westhampton Chamber of Commerce is desirous of
proposing that the Village of Westhampton Beach participate in such program in
connection with pedestrian improvements at the intersection of Main Street and Mill
Road, and the Village will be applying for an amount of $75,000 .00 out of an
estimated total project cost of $150,000.00; and
WHEREAS, the Village of Westhampton Beach will provide $75,000.00 matching
funds (50%) in support of the project, should the grant be awarded ; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of
Westhampton Beach hereby states its support of the pedestrian improvements at
the intersection of Main Street and Mill Road , as proposed by the Greater
Westhampton Chamber of Commerce pursuant to the Suffolk County Downtown
Revitalization Program through the Village of Westhampton Beach; and be it further
RESOLVED, that the Board of Trustees authorizes the Mayor to sign any and all
necessary documents, including but not limited to the required easement/lease
documents and an inter-municipal agreement, subject to review and approval of the
Village Attorney, to participate in the above referenced program.
17.
Authorize SEQRA Determination-Downtown Revitalization Grant
WHEREAS, the Village of Westhampton Beach has proposed to partner with the
Greater Westhampton Chamber of Commerce to participate in the Suffolk County
Downtown Revitalization Program and apply for the use of funding to enhance the
Village's downtown area, and thereby stimulate economic activity in this important
center; and
WHEREAS, the Village Board resolved , in a resolution dated June 4, 2015, its
support of the streetscape and pedestrian access project proposed by the Greater
Westhampton Chamber of Commerce pursuant to the Suffolk County Downtown
Revitalization Program and authorized the Mayor to sign any and all necessary
documents, including but not limited to the required easement/lease documents and
an inter-municipal agreement, subject to review and approval of the Village Attorney,
to participate in the above referenced program; and
WHEREAS , the Village Board has reviewed the provisions of the New York State
Environmental Quality Review Act (SEQRA) , as related to the proposed action
within the municipally owned roadways at the intersection of Main Street and Mill
Road; and
WHEREAS , the proposed action is classified as an Unlisted Action ; and
WHEREAS , the Village Board of the Village of Westhampton Beach proposes to
issue a SEQRA determination on the action as the partnering municipality; and
WHEREAS , the Village Board has conducted a review of the information contained
in the SEQRA documentation consisting of a Short Environmental Assessment
Form (SEAF) prepared by KPC Planning Inc. ; and
WHEREAS, the potential impacts and the magnitude and importance of potential
impacts and benefits have been considered and a Negative Determination was
recommended ; and
WHEREAS , the Village Board, hereby determines that the proposed improvements
are desirable, are in the public interest, and will aid the Village in meeting community
goals for the Village downtown district: so therefore be it
RESOLVED , that the Village Board hereby adopts a Negative Declaration pursuant
to the State Environmental Quality Review Act, and be it further;
RESOLVED , that the SEAF and other supporting documentation required by the
County of Suffolk is hereto attached and made part of the record .
18.
Authorize 2015 Renewal of Wetter or Not Outdoor Music Permit
RESOLVED, that the Board of Trustees hereby approve the renewal of the Wetter or
Not Outdoor Music Permit for 2015 subject to the same conditions as set forth in the
Determination dated August 2, 2007 , the provisions of Chapter 196-2 of the Village
Code and the requirement that the volume of the amplification shall not be so
excessive as to annoy or disturb a reasonable person of normal auditory sensitivity.
19.
Authorize SEQRA Review - 92 Oak Street
WHEREAS, Dalmor, LLC , EM 133 Realty, LLC, EMK 137 Realty, LLC , and EMT Oak
Realty, LLC ("applicants") have submitted a request to relocate the existing B-2
zoning division line between their properties (SCTM Nos. 905-5-2-4, -5, and -38); and
WHEREAS , on April2, 2015 , the Board of Trustees resolved to entertain,
conditionally, an application for a zone change; and
WHEREAS, the application was referred initially to the Planning Board for its initial
position; and
WHEREAS, the Planning Board reviewed the conceptual plans at a meeting held on
May 28, 2015 and reported to the Board of Trustees that the proposal may have
some benefits that warrant further consideration, that a coordinated SEQRA review
should be undertaken, and that the Planning Board was willing to act as lead agency
under SEQRA;
NOW THEREFORE BE IT RESOLVED that the Board of Trustees is initiating a
coordinated review process under the State Environmental Quality Act (SEQ RA)
and hereby consents to the Planning Board acting as lead agency, subject to the
Planning Board ensuring that the Board of Trustees remains involved and informed
as to all progress with the SEQRA review and subject to all other conditions of the
April 2, 2015 resolution.
20.
Approve Warrant for May 2015
RESOLVED, that the warrant for May 31, 2015 in the amount of $101, 101.69 for the
General Fund is hereby approved.
PUBLIC COMMENT
ADJOURN
DATED: June 4, 2015
Elizabeth Lindtvit
Village Clerk-Treasurer
Local Law# 1 of 2015 - Enact Chapter 4 of the Village Code "Appearance
Tickets"
WHEREAS, this Board has advertised a local law to Enact Chapter 4 of the Village
Code, entitled "Appearance Tickets" and
WHEREAS , a public hearing was held on June 4, 2015, and
WHEREAS , The Board of Trustees has reviewed the provisions of the Village Code
and finds that it does not give the Village's Building Inspector or its other enforcement
officers the authority to issue and serve appearance tickets in connection with violations
of state statutes, local laws, ordinances or rules and regulations of the Village which the
enforcement officers are authorized or required to enforce. New York State Municipal
Home Rule Law§ 10(4)(a) and Criminal Procedure Law§ 150-20(3) grants the Board
of Trustees the power to delegate this authority to its public servants.
WHEREAS, all persons present at the meeting have had an opportunity to speak on
behalf of or in opposition to the proposed Local Law, or any part thereof, and
NOW THEREFORE, that after due deliberation the Board of Trustees of the Village of
Westhampton Beach finds that it is in the best interest of the Village to adopt the Local
Law as advertised and attached.
DATED: June 4, 2015
A LOCAL LAW ENACTING
CHAPTER 4 OF THE VILLAGE CODE
ENTITLED "APPEARANCE TICKETS"
Be it enacted by the Board of Trustees of the Village of Westhampton Beach as follows:
SECTION I. PURPOSE
The Board of Trustees has reviewed the provisions of the Village Code and finds
that it does not give the Village 's Building Inspector or its other enforcement officers the
authority to issue and serve appearance tickets in connection with violations of state
statutes, local laws , ordinances or rules and regulations of the Village which the
enforcement officers are authorized or required to enforce. New York State Municipal
Home Rule Law§ 10(4)(a) and Criminal Procedure Law§ 150-20(3) grants the Board of
Trustees the power to delegate this authority to its public servants.
SECTION II. ENACTMENT OF CHAPTER 4. APPEARANCE TICKETS
The underlined material shall be added to the Village Code as follows:
Chapter 4. APPEARANCE TICKETS
Section 4-1 - Purpose
Pursuant to New York State Municipal Home Rule Law§ 10(4)(a) and Criminal
Procedure Law§ 150-20(3), the purpose of this chapter is to authorize public servants
of the Village of Westhampton Beach to issue and serve appearance tickets in
connection with violations of state statutes, local laws, ordinances or rules and
regulations of the Village which the enforcement officers are authorized or required to
enforce.
Section 4-2 -Authorized officials
The following public servants of the Village of Westhampton Beach are hereby
authorized to issue and serve appearance tickets with respect to violations of a state
statute, local law, ordinance, rule or regulation of the Village of Westhampton Beach
that such public servants are required or authorized to enforce;
A. Building Inspector
B. Code Enforcement Officer
C. Fire Marshal
Section 4-3 - Service of Appearance Tickets
An appearance ticket other than for parking shall be served in any manner authorized
under New York State Criminal Procedure Law. A licensed process server retained by the
Village Attorney is hereby authorized to serve appearance tickets.
SECTION Ill.
EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State
of the State of New York.
Local Law# 2 of 2015 -Amend Chapter 197-30 C 17(b) of the Village Code "Signs"
WHEREAS, this Board has advertised a local law amending Chapter 197-30(C)(17)(b)
of the Village Code, entitled "Signs" and
WHEREAS, a public hearing was held on June 4, 2015, and
WHEREAS, The Board of Trustees has reviewed the provisions of Chapter 197-30
(C)(17)(b) of the Village Code with respect to Real estate broker/agent or owner "For
Sale" and "For Rent" signs and finds that Section 197-30(C)(17)(b) unnecessarily
restricts the contact information of the owner or real estate agency/brokerage that can
be contained on these signs.
WHEREAS, all persons present at the meeting have had an opportunity to speak on
behalf of or in opposition to the proposed Local Law, or any part thereof, and
NOW THEREFORE, that after due deliberation the Board of Trustees of the Village of
Westhampton Beach finds that it is in the best interest of the Village to adopt the Local
Law as advertised and attached .
DATED: June 4, 2015
A LOCAL LAW AMENDING
CHAPTER 197-30 OF THE VILLAGE CODE
ENTITLED "SIGNS"
Be it enacted by the Board of Trustees of the Village of Westhampton Beach as follows:
SECTION I. PURPOSE
The Board of Trustees has reviewed the provisions of Chapter 197-30 of the
Village Code with respect to Real estate broker/agent or owner "For Sale" and "For
Rent" signs and finds that Section 197-30(C)(17)(b) unnecessarily restricts the contact
information of the owner or real estate agency/brokerage that can be contained on
these signs .
SECTION II. AMENDMENT TO SECTION 197-30(C)(17)(b)
(a) The bracketed material shall be deleted as follows:
(b) The underlined material shall be added as follows:
Section 197-30(C)(17)
(b) The sign area shall [be 12] not exceed 18 inches high by 18 inches wide with a white
background and sign lettering professionally done in two-inch nonmetallic light blue
block. Such signs [may only] shall contain the name [and telephone number] of a real
estate agency/brokerage or owner [and]J. the words "For Sale" and/or "For Rent" and
any other information relevant to the purpose of the sign.
SECTION Ill.
EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State
of the State of New York.
Local Law# 3 of 2015 - Amend Chapter 178-44 of the Village Code "Vehicles and
Traffic"
WHEREAS, this Board has advertised a local law amending Chapter 178-44 of the
Village Code, entitled "Vehicles and Traffic" and
WHEREAS, a public hearing was held on December 4, 2014, January 8, 2015 and
February 5, 2015
WHEREAS, The Board of Trustees has reviewed the provision of Chapter 178 of the
Village Code with respect to any prohibitions against vehicles "standing" on Village
streets and finds that there is no provision containing a prohibition against vehicles
"standing" during certain hours and that such a provision should be added to section
178-46.
WHEREAS, all persons present at the meeting have had an opportunity to speak on
behalf of or in opposition to the proposed Local Law, or any part thereof, and
NOW THEREFORE, that after due deliberation the Board of Trustees of the Village of
Westhampton Beach finds that it is in the best interest of the Village to adopt the Local
Law as advertised and attached.
DATED: June 4, 2015
A LOCAL LAW AMENDING
CHAPTER 178 OF THE VILLAGE CODE
ENTITLED "VEHICLES AND TRAFFIC "
Be it enacted by the Board of Trustees of the Village of Westhampton Beach as follows :
SECTION I. PURPOSE
The Board of Trustees has reviewed the provision of Chapter 178 of the Village
Code with respect to any prohibitions against vehicles "standing" on Village streets and
finds that there is no provision containing a prohibition against vehicles "standing"
during certain hours and that such a provision should be added to section 178-46.
SECTION II. AMENDMENT TO SECTION 178-46
The existing section 178-46 shall become subsection (a) and the underlined material
shall be added to the Village Code as subsection (b) as follows:
Section 178-46. Schedule XIV: No Standing .
(b) In accordance with the provisions of §178-19. no person shall stand a vehicle during
the hours listed upon any of the following described streets or parts of street:
Name of Street
Side
Hours/Days
Location
Lilac Road
East
7:00 a.m. to
4:00 p.m .. school
days
From a point 100 feet from
the intersection with County
Road 80 (Montauk Highway)
south 1,840 feet
7:00 a.m. to
4:00 p.m .. school
days
From a point 100 feet from
the intersection with County
Road 80 (Montauk Highway)
south 530 feet to the
Lilac Road
northwest
corner of the entrance to the
high school
Lilac Road
SECTION Ill.
7:00 a.m. to
4:00 p.m .. school
days
From the southwest corner
of the exit from the high
school south 530 feet
EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State
of the State of New York.