East Hampton Town Board              Carole Brennan

              159 Pantigo Road              Telephone:

              East Hampton, NY  11937

 

East Hampton Town Board meeting of December 3, 2020
East Hampton, New York

 

 

I.              Call to Order

2:00 PM Meeting called to order on December 3, 2020 at Teleconference, Various Locations, East Hampton, NY.

 

Attendee Name

Present

Absent

Late

Arrived

Councilwoman Kathee Burke-Gonzalez

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¨

¨

 

Councilman David Lys

¨

¨

¨

 

Councilwoman Sylvia Overby

¨

¨

¨

 

Councilman Jeffrey Bragman

¨

¨

¨

 

Supervisor Peter Van Scoyoc

¨

¨

¨

 

II.              Public Hearings - 351-888-6331

1.              Set PH to Consider Amending Article 5 of Chapter 255 to Create a Pilot Program for Outdoor Dining

III.              Public Portion - 351-888-6331

IV.              Resolutions

A.              COUNCILWOMAN BURKE-GONZALEZ

 

RESOLUTION:              2020-1118

CATEGORY:                            Warrant Approval

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Town Clerk

Warrant No. 12A - Approval of Claims $ 9,339,451.34 Utility Warrant  12A $ 35,848.05

 

RESOLVED, that Claims on Warrant No. 12A, in the amount of $ 9,339,451.34 were audited by the Town Board and the Supervisor is hereby directed to pay same; and be it

 

RESOLVED, that Claims on Utility Warrant No. 12A, in the amount of $ 35,848.05 were audited by the Town Board and the Supervisor is hereby directed to pay same.

 

RESOLUTION:              2020-1119

CATEGORY:                            Budget

SPONSORED BY:              Councilwoman Kathee Burke-Gonzalez

DEPARTMENT:              Bookkeeping

Budget Modification - Human Services

 

Resolved, at the request of the Department Head the Budget Office is directed to make the following budget modification to the Human Services 2020 operating budget:

 

From A8989-54300 $200 to A6773-54300 to pay for telephone service for the remainder of the year.

B.              COUNCILMAN LYS

 

RESOLUTION:              2020-1120

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Town Attorney

Noph

 

WHEREAS, the Town of East Hampton is considering an amendment to Chapter 240 (Vehicles and Traffic) Section 240-62 (Schedule XII: No Stopping) to address certain safety concerns in the area, by prohibiting stopping of vehicles along certain portions of Soak Hides Road, to read as follows:

 

Introductory No. ___ of 2020

Local Law No. ___ of 2020

 

A Local Law Providing for the Amendment of Chapter 240 (Vehicles and Traffic) Section 240-62 (Schedule XII:  No Stopping) of the East Hampton Town Code to Prohibit Automobile Stopping and passenger displacement along certain portions of Soak Hides Road.

 

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

 

SECTION 1. Legislative Intent.

 

The intent of this legislation is to address safety concerns in the area by prohibiting stopping of vehicles along certain portions of Soak Hides Road.

 

SECTION 2. Town Code Amended.

 

Chapter 240 (Vehicles and Traffic) is hereby amended to add the following:

240-62 Schedule XI:  No Stopping.

 

Name of Street                      Side                               Location

 

Soak Hides Road              North                    From Intersection of Three Mile Harbor Road to the East

                                                                          Side of the Parking lot Entrance of Property SCTM #300-                                                                                    120-2-15

 

Soak Hides Road              South                     Entire length from the intersection of Three Mile Harbor                                                                                     Road to the West property line of parcel SCTM # 300-                                                                                    122-5-1

 

SECTION 3. Authority.                 

                                                       

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

 

SECTION 4.  Severability.

 

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

 

SECTION 5.  Effective Date.

 

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

 

 

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

 

NOTICE OF PUBLIC HEARING

 

NOTICE IS HEREBY GIVEN that the Town Board will hold a public hearing on December 17, 2020 at 11:00 a.m., or as soon after as this matter can be heard, to consider any and all comments with regard to a local law entitled: ": "A Local Law Providing for the Amendment of Chapter 240 (Vehicles and Traffic), Section 240-62, (Schedule VII: No Stopping) of the East Hampton Town Code", to authorize the addition of no Stopping on portions of Soak Hides Road, an abstract of which is as follows:

 

A LOCAL LAW prohibiting Stopping on portions of Soak Hides Road, on the north side from the intersection of Three Mile Harbor Road to the east side of the parking lot entrance to property described as SCTM #0300-120-2-15, and on the south side the entire length  from the intersection of Three Mile Harbor Road to the west property line of parcel SCTM #0300-122-5-1.

 

Due to public health and safety concerns related to COVID-19, the Town Board will not be meeting in-person.  In accordance with the Governor's Executive Order 202.1, said public hearing of the Town Board will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide comments. 

 

The public can watch the public hearing live on Local TV Channel 22, and live online from the Public Meetings link on the LTV website (https://www.ltveh.org.  If any interested members of the public would like to provide comments on the Project and the financing thereof, comments can be called in during the meeting.  The conference number for such purpose will be made available on the live stream and also on the Town's website (www.ehamptonny.gov <http://www.ehamptonny.gov>) at least 24 hours prior to the start of the public hearing. 

Written comments and/or questions may also be submitted via email to the Town Clerk at the following email address CBrennan@ehamptonny.gov. Said comments and/or questions will be considered at the public hearing provided that they are submitted by email no later than 9:00 A.M. (Prevailing Time) on the day of the public hearing, or submitted via telephone by way of the conference number provided by the Town at the time of the hearing.

 

Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall filed with the Town Clerk and placed upon the Town's website, and comments will be accepted in writing by the Town Clerk, to be received by email to CBrennan@ehamptonny.gov or by mail to Town Clerk, 159 Pantigo Road, East Hampton, New York 11937 within one (1) week of the posting of the public hearing transcript.

 

Please check the meeting Agenda posted on the Town's website (www.ehamptonny.gov <http://www.ehamptonny.gov>) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. 

 

Dated:              December 3, 2020                                                        BY ORDER OF THE TOWN BOARD

                                                                                                  TOWN OF EAST HAMPTON

                                                                                                  Carole Brennan

                                                                                                  Town Clerk

 

RESOLUTION:              2020-1121

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Town Attorney

Notice of Public Hearing to Consider a Local Law Amending Chapter 73 (Aircraft) of the Town Code Regulating Operation of Seaplanes in Waters Subject to the Town of East Hampton’s Jurisdiction

 

WHEREAS, the Town of East Hampton is an established resort community that is renowned for its peaceful and safe beaches and outdoor areas; and

 

WHEREAS, the Town’s economy is tied intrinsically to the use and enjoyment of its natural and scenic environment, including its world-renowned ocean beaches, wetlands, shorelines, harbors, bays, woodlands, and historic hamlets; and

 

WHEREAS, residents and visitors are attracted to the Town and the East End of Long Island to enjoy the area’s unique scenic beauty, its outdoor spaces, its world-renowned beaches, wetlands, shorelines, harbors, bays, and the safe and peaceful atmosphere they provide; and

 

WHEREAS, peace, safety, outdoor recreation, sea, air, and a beautiful and unique natural environment are the essential characteristics that make East Hampton and the East End, as a whole, such an attractive and desirable area; and

 

WHEREAS, the Town is a desirable and attractive place to live and visit for, among other reasons, the safe and tranquil shoreline offered to its residents and visitors; and

 

WHEREAS, the Town and its residents have invested heavily in preserving the rural, safe, and tranquil life by preserving land and adopting land use policies that are designed to protect the unique quality of life in East Hampton; and

 

WHEREAS, the Town’s beaches, harbors, inland lakes, and bays must be safe and free from undue hazard to ensure that the Town’s economy and peaceful atmosphere is not threatened; and

 

WHEREAS, the Town has a responsibility to protect its residents from undue hazard, including unnatural uses of the Town’s beaches, harbors, inland lakes, and bays; and

 

WHEREAS, the Town has the authority to designate zoning ordinances for land and water within its jurisdiction, including dictating what and where conduct is prohibited; and

 

WHEREAS, the Town has local control over the zoning and acceptable uses of the land and water within its jurisdiction, including the right to designate where aircraft and helicopters may land; and

 

WHEREAS, just as the Town has the right to use its police powers to prevent the establishment of a new airport and control the ground space of airports, it may also prevent the landing of aircraft on specified bodies of water within its jurisdiction through its zoning authority and police powers; and

 

WHEREAS, the location of aircraft and helicopter takeoff and landing sites-any place on land or water, including an airport or intermediate landing field, used, or intended to be used, for the takeoff and landing of aircraft, even when facilities are not provided for sheltering, servicing, or repairing aircraft, or for receiving or discharging passengers or cargo-is a matter left primarily to local control and are intrinsically matters of local oversight and concern; and

 

WHEREAS, there is no scheme of federal or state regulation designating locations for seaplane landings and takeoffs; and

 

WHEREAS, the mooring, docking, launching, storage, operating, taxiing, or use of any seaplane on waters within the Town’s jurisdiction constitutes a public nuisance and safety hazard; and

 

WHEREAS, the Town’s beaches, harbors, inland lakes, and bays must be kept free from seaplane usage to protect the natural ecology of the Town’s waters (specifically inland lakes), prevent damage to property, and prevent risk of injury or death to those enjoying the outdoor recreational activities offered by the Town’s unique natural and scenic environment; and

 

WHEREAS, in order to protect the public health, safety, and general welfare of the Town’s residents and the real and personal property located in the Town, it is necessary to prohibit seaplane operations from any water within the Town’s jurisdiction; and

 

WHEREAS, the Town will comply with its duty to protect the Town’s residents’ health, safety, and general welfare by prohibiting seaplane operations on Town waters so as to eliminate danger, apprehension of danger, pollution, apprehension of pollution, contamination and infestation from other bodies of water, destruction of property values, and interference with other lawful uses of the water within the Town’s jurisdiction enjoyed by the great majority of residents, including boating, sailing, fishing, swimming, and other recreational uses; and

 

WHEREAS, the Town is not attempting to, and in turn is not, regulating or seeking to prevent or restrict free access to the navigable airspace of the United States or otherwise affecting the manner in which aircraft or helicopters are operated; and

 

WHEREAS, the Town is excepting from this prohibition all aircraft operated by any federal, state, or local government, any emergency services, evacuation services, public or private, and any operation by an aircraft in an emergency and makes clear that use of the waters within the Town’s jurisdiction will remain open to such operations at all times without restriction or charge; and

 

WHEREAS, the Town has communicated with The Trustees of the Freeholders and Commonalty of the Town of East Hampton-the entity with authority over the “Trustee Waters and Beaches” that are contemplated by this amendment-and The Trustees of the Freeholders and Commonalty of the Town of East Hampton are in agreement that the Town’s interest in protecting its residents’ health, safety, and welfare support the measures taken in this amendment insofar as it concerns the “Trustee Waters and Beaches”; and

 

WHEREAS, this amendment shall not impede any rights which the Trustees of the Freeholders and Commonalty of the Town of East Hampton may possess now, or in the future, whether of ownership or management, concerning the bottomlands within the area described within this amendment; and

 

WHEREAS, prior courts of this state have recognized that municipalities may prohibit seaplanes from taking off or landing upon any portion of the water within their jurisdiction except in time of emergency, see, e.g., People v. Altman, 304 N.Y.S.2d 534 (N.Y.Dist.Ct.1969); and

 

WHEREAS, the Town is amending the Local Law Chapter 73 (Aircraft) to ensure compliance with the Town’s oversight and safe use of its municipal waters; now, therefore, be it

 

RESOLVED, that the Town Board hereby directs that a public hearing shall be held on January 7, 2021, at 2:00 p.m., or as soon after as can be heard, at Town Hall, 159 Pantigo Road, East Hampton, New York, to hear any and all persons either for or against a proposed local law entitled: A LOCAL LAW amending Chapter 73 (Aircraft) of the Town Code to adopt regulations on the operation of seaplanes within the Town to ensure compliance with the Town’s oversight and safe use of its municipal waters, said local law to read as follows:

LOCAL LAW NO. ___ of 2020

Intro. No. ___ of 2020

A LOCAL LAW amending Chapter 73 (Aircraft) of the Town Code to adopt regulations on the operation of seaplanes within the Town to ensure compliance with the Town’s oversight and safe use of its municipal waters.

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

 

Section 1. Legislative Intent

 

The Town is an established resort community whose entire economy is intrinsically tied to the use and enjoyment of its natural and scenic environment, including its world renowned ocean beaches, wetlands, shorelines, harbors, bays, woodlands, inland lakes, and historic hamlets.  Visitors and residents alike enjoy East Hampton’s unique scenic beauty and the Town has made significant efforts to preserve and ensure the continued vitality of its visitors’ and residents’ ability to safely engage in outdoor recreational activities.  A central aspect of this is ensuring that the Town is free from undue hazard and does not pose unnecessary dangers to those enjoying the natural and scenic environment, including those engaged in outdoor recreational activities in the waters within the Town’s jurisdiction. 

The Town has the public policy responsibility to protect the public health, safety, and general welfare of the Town’s residents.  It also needs to continue to regulate activities that threaten the value and safety of real and personal property located in the Town.  Under this authority, and consistent with its inherent police powers, the Town has determined that it is necessary to prohibit seaplane operations from mooring, docking, launching, operating, taxiing, or otherwise being used on any of the waters within the Town’s jurisdiction.  Such seaplane operations constitute a public nuisance and safety hazard and cannot be permitted to continue consistent with the Town’s responsibility to protect its residents and visitors.  Therefore, the Town’s beaches, harbors, inland lakes, and bays must be kept free from seaplane usage to prevent damage to property and/or risk of injury or death to those enjoying the outdoor recreational activities offered by the Town’s unique natural and scenic environment.

Accordingly, the Town will comply with its duty to protect the Town’s residents’ health, safety, and general welfare by prohibiting seaplane operations on Town waters.  This prohibition is necessary to eliminate danger, apprehension of danger, pollution, apprehension of pollution, contamination and infestation from other bodies of water, destruction of property values, and interference with other lawful uses of the water within the Town’s jurisdiction enjoyed by the great majority of residents, including boating, sailing, fishing, swimming, and other recreational uses. 

Moreover, such a prohibition of seaplane operations on Town waters is consistent with the Town’s ability to control the location over which aircraft and helicopters takeoff and land.  This local control is reserved to the Town and is not affected by federal or state law.  Indeed, municipalities have always had the authority to determine the location from which aircraft takeoff and land.  Courts as well as the Federal Aviation Administration have recognized this authority since the dawn of flight.  This amendment is a simple and logical extension of the Town’s desire to protect its residents and visitors from seaplane operations on Town waters.  The Town’s police powers and zoning authority is thereby exercised to prohibit all seaplane operations on Town waters. 

The amendment expressly does not apply to aircraft operated by any federal, state, or local government, any emergency services, evacuation services, public or private, and any operation by an aircraft in an emergency.  Use of the waters within the Town’s jurisdiction will remain open to such operations at all times without restriction or charge.

 

Section 2. Amendment

 

Chapter 73 Aircraft

 

§ 73-1 Aircraft prohibited.

 

A. Helicopters prohibited. No person, firm or corporation shall land or cause to be landed, take off or cause to take off or taxi any helicopter on or from the waters, beaches or on any land within the Town of East Hampton except on Gardiner’s Island, the Town Airport, and the Montauk Airport.

 

B. Seaplanes prohibited. No person, firm or corporation shall land or cause to be landed, take off or cause to take off, taxi, or emplane or deplane any seaplane on or from Town Beaches and Waterways, Trustee Waters and Beaches, Town Waters, Town docks, and/or Floats (as defined in Chapter 246 of the Town Code).

 

§ 73-2 Exceptions.

 

A. This ordinance shall not apply to aircraft operated by any federal, state, or local government, any emergency services, evacuation services, public or private, and any operation by an aircraft in an emergency.

 

B. This ordinance shall not apply to seaplane operations that originate from or terminate at Gardiner’s Island.  For an operation to fit within this subsection (B), prior to the operation a designated representative of Gardiner’s Island must file a written flight plan with the Town’s designated representative (which will be the Town Board’s Airport Liaison).

 

§ 73-3 Penalties for offenses.

 

A. Any person violating the provisions of §73-1 shall be guilty of a misdemeanor,

 

(I). for first offense, punishable by a fine of not less than $1,500 nor more than $5,000 or by imprisonment for up to 14 days, or both;

 

(ii). for any subsequent event within 18 months of a prior offense of this section, by fine of not less than $5,000 nor more than $10,000 or by imprisonment for up to 30 days, or both.

 

B. The provisions of §73-1 may be enforced by any duly constituted law enforcement officer having jurisdiction within the Town of East Hampton, including any Ordinance Enforcement Officer, police officer, peace officer, harbormaster and/or bay constable of the Town of East Hampton, Park Manager and/or any other person duly designated by the East Hampton Town Board to enforce the same.

 

and be it further

 

RESOLVED, that the Town Clerk shall publish the attached Notice of Public Hearing in the December 10, 2020 edition  of the East Hampton Star.

 

NOTICE OF PUBLIC HEARING

Introductory No.    of 2020

 

PLEASE TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on Thursday, January, 7, 2020 at 2:00 p.m., or as soon after as this matter can be heard to consider any and all comments in relation to the proposed  local law amending Chapter 73 (Aircraft) of the Town Code to adopt regulations on the operation of seaplanes within the Town to ensure compliance with the Town’s oversight and safe use of its municipal waters, an abstract of which is as follows:

 

Amendment to 73-1 to prohibit the landing or take-off or taxi of helicopters on or from the  waters, beaches or on any land within the Town of East Hampton except on Gardiner’s Island, the Town Airport, and the Montauk Airport, and to prohibit the landing, take off or taxi or emplaning or deplaning of any seaplane on or from Town Beaches and Waterways, Trustee Waters and Beaches, Town Waters, Town docks, and/or Floats; and  to provide an exception to aircraft operated by any federal, state, or local government, any emergency services, evacuation services, public or private, and any operation by an aircraft in an emergency, and excepting from such regulations seaplane operations that originate from or terminate at Gardiner’s Island. .

 

The full text of the proposed local law shall be available from the Town Clerk's office and will be available on line at the Town's website;

 

 

Due to public health and safety concerns related to COVID-19, the Town Board will not be meeting in-person.  In accordance with the Governor's Executive Order 202.1, said public hearing of the Town Board will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide comments.  

 

The public can watch the public hearing live on Local TV Channel 22, and live online from the Public Meetings link on the LTV website (https://www.ltveh.org.  If any interested members of the public would like to provide comments on the Project and the financing thereof, comments can be called in during the meeting.  The conference number for such purpose will be made available on the live stream and also on the Town's website (www.ehamptonny.gov <http://www.ehamptonny.gov>) at least 24 hours prior to the start of the public hearing. 

 

Written comments and/or questions may also be submitted via email to the Town Clerk at the following email address CBrennan@ehamptonny.gov. Said comments and/or questions will be considered at the public hearing provided that they are submitted by email no later than 9:00 A.M. (Prevailing Time) on the day of the public hearing, or submitted via telephone by way of the conference number provided by the Town at the time of the hearing. 

 

Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall filed with the Town Clerk and placed upon the Town's website, and comments will be accepted in writing by the Town Clerk, to be received by email to CBrennan@ehamptonny.gov or by mail to Town Clerk, 159 Pantigo Road, East Hampton, New York 11937 within one (1) week of the posting of the public hearing transcript.

 

Please check the meeting Agenda posted on the Town's website (www.ehamptonny.gov <http://www.ehamptonny.gov>) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. 

 

Dated:              December 3, 2020

East Hampton, New York

 

                                                                                                                BY ORDER OF THE TOWN BOARD

                                                                                                                TOWN OF EAST HAMPTON

                                                                                                                Carole A. Brennan

                                                                                                                Town Clerk

 

RESOLUTION:              2020-1122

CATEGORY:                            Budget

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Bookkeeping

Budget Modification - Aquaculture

 

Resolved, that at the request of the Department Head the Budget Office is directed to make the following modification to the 2020 operating budget to finance the completion of an upgrade (windows) to the Hatchery Building:

 

From A8740-51200 (PT) $1,500 to A8740-54500 (Contractors)

 

RESOLUTION:              2020-1123

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

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Town Attorney

Increase Cap -  Outside Counsel 2020 Law Offices of Cahn & Cahn, PC

 

WHEREAS, the Town of East Hampton retained the Law Offices of Cahn & Cahn, P.C. by Resolution #2020-209 on February 6, 2020;

 

WHEREAS, the Town of East Hampton has retained the services of Law Offices of Cahn & Cahn, PC, as outside counsel to represent the Town in various matters including the Ron Baron case for calendar year 2020, now therefore be it

 

WHEREAS, the allotted amount for the aforementioned case was $25,000.00, and with this amount having been exceeded and litigation still pending on same; it is

 

RESOLVED, that an increase in funding is required and such increase shall be capped at $25,000.00 constituting a total of $60,000.00 for the 2020 calendar year; and, be it further

 

RESOLVED that payment to said counsel shall not exceed SIXTY THOUSAND DOLLARS ($60,000.00), upon claim vouchers properly submitted, from Budget Account A 1420 54520.

 

RESOLUTION:              2020-1124

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Councilman David Lys

DEPARTMENT:              Town Attorney

Accept Change Order #1 - Bid #EH19-036 - Montauk Shellfish Hatchery Alterations

 

WHEREAS, the Town Board solicited bids for the Montauk Shellfish Hatchery Alterations under Bid #EH19-036 and accepted the bid of Lipsky Enterprises, Inc. by Resolution No. 2019-1276; and

 

WHEREAS, the Town would like to require additional work consisting of replacement of two (2) additional bathroom windows; and

 

WHEREAS, the Contractor has provided a cost proposal, dated July 31, 2020 for such additional work at a cost of $3,760.00; now, therefore be it

 

RESOLVED, that Change Order #1 in the amount of $3,760.00 is hereby approved, and the total Contract amount is hereby increased from $159,800.00 to $163,560.00; and be it further

 

RESOLVED, that such additional costs of $3,760.00 shall be paid from Fund Line #HA1620.52010.19045.

Financial Impact:

Increase of Total Cost from $159,800.00: to 163,560.00

 

C.              COUNCILWOMAN OVERBY

 

RESOLUTION:              2020-1125

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

NOPH - Local Law Adopt Chapter 155 - Landscaping

 

WHEREAS, the Town of East Hampton is considering the adoption of a new Chapter 155 "Landscaping & Gardening" of the East Hampton Town Code to enact regulations which encourage green landscaping practices and protect the public health by reducing emissions from gas and diesel-powered leaf blowers and reducing  noise, said local law to read as follows:

 

Introductory No.    of 2020

Local Law No.    2021

 

A local law to establish Chapter 155 of the East Hampton Town Code to enact regulations which encourage green landscaping practices and protect the public health by reducing emissions from the use of gas and diesel-powered leaf blowers, reducing noise, and deterring unlicensed landscapers.

 

 

 

SECTION I.              FINDINGS:

A.              This local law establishes Chapter 155 of the Town Code entitled "Landscaping" to advance the interests of Town residents in encouraging green landscaping practices, protecting public health by reducing emissions from the use of gas and diesel-powered leaf blowers, reducing noise, and deterring unlicensed landscapers.

 

B.              Based on this research and information from various sources, the Town Board finds that certain commercial landscaping and gardening activities may pose a risk of noise, odor, and pollution that may otherwise disturb the public health and welfare of Town residents. Scientific studies have been presented to this Board indicating that emissions from gas-powered leaf blowing equipment can cause deleterious health effects for those in the vicinity of their use. Further, the use of this equipment causes an unreasonable amount of noise that is detrimental to the quiet enjoyment of neighboring residences.

 

C.              The current Town Code, though requiring Home Improvement Contractor’s Licenses for commercial landscapers who also do installations of outdoor improvements such as walkways, patios, and similar structures as a part of their services, does not require a license for commercial landscapers who only engage in property maintenance such as cutting lawns and raking and disposing of leaves. However, the Town requires a mechanism to contact commercial landscapers working within the Town to assure that they are aware of the restrictions and limitations placed upon such activities by this local law, and to adequately enforce the provisions of this Chapter.

 

D.              This chapter, adopted pursuant to the authority of the Town Law and the Municipal Home Rule Law of the State of New York, will limit the use of gas-and diesel powered leaf blowers, and create a licensing requirement for commercial landscapers engaged in property maintenance.

 

SECTION II.              TOWN CODE AMENDED:

 

§155-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

 

COMMERCIAL LANDSCAPING

A form of Home Improvement Contracting involving any landscaping, gardening or groundskeeping services, for a fee, charge, or other compensation, to or for the benefit of any owner, tenant, or occupant of any lot, plot, or parcel of land within the Town.

 

 

COMMERCIAL LANDSCAPING LICENSE

An endorsement by the Town of East Hampton to a landscaper’s Home Improvement Contractor’s License to allow a landscaper to perform Commercial Landscaping activities within the Town of East Hampton.

 

GARDENING

The tilling, sowing, cultivating, trimming, fertilizing, pruning, cutting, shaping, treating, spraying, or otherwise maintaining and/or providing care for any lawn, sod, trees, flowers, shrubs, bush, plants, or other flora on any lot, plot, or parcel of land.

 

GAS or DIESEL POWERED LEAF BLOWER

Any device powered by a gasoline, diesel or similar fuel engine which is used, designed, or operated to produce a current of air for the purpose of pushing, propelling or blowing leaves, dirt, gardening and grass clippings and cuttings, refuse or debris, whether portable and carried, or walked behind, or attached to a tractor or similar machine.

 

GROUNDSKEEPING 

The cleaning of any lot, plot, or parcel of land by means of gathering and/or removing weeds or any fallen, diseased, dead, or discarded tree limbs, branches, brush, leaves, grass, or lawn clippings, fruit or flower waste, or other plant waste and any litter, dirt, debris, rubbish, or other refuse or waste present or engendered on or about the premises. Groundskeeping does not include the removal of litter, dirt, debris, rubbish, or other refuse or waste by a commercial refuse carter which is not performing any other commercial landscaping services to or for the benefit of the owner, tenant, or occupant of the lands, grounds, or buildings from which the removal is taking place.

 

HOLIDAY

New Year's Day, Memorial Day, the Fourth of July, Labor Day, Veterans Day, Thanksgiving Day and Christmas Day.

 

LANDSCAPER

Any person over the age of eighteen (18), firm, corporation, or other entity performing commercial landscaping services.

 

LANDSCAPING

The planting, transplanting, arranging, placing, and/or removal of any lawns, sod, trees, flowers, shrubs, bushes, plants, or other flora on any lot, plot, or parcel of land for a planned design or purpose or to achieve some aesthetic effect. Such activities shall not include the installation of any outdoor improvements requiring a Home Improvement Contractors License unless such commercial landscaper also holds a Home Improvement Contractor’s License. 

 

§155-2. License required; exceptions.

 

A.               It shall be unlawful for any person to engage in, or practice the trade or business of, commercial landscaping within the Town without having obtained and having in force a commercial landscaper’s endorsement to their Home Improvement Contractor’s license pursuant to the requirements of this chapter. 

 

B.                Commercial landscaping work may be performed without a license by the owner, lessee or occupant of the property upon which the work is being performed, or an employee of the owner, lessee, or occupant, provided that such employee does not provide commercial landscaping for other properties within the Town and does not receive compensation for such commercial landscaping work.

 

C. The limitations contained herein as they apply to the use of gas or diesel powered leaf blowers applies to all use of such equipment whether performed by a licensed person or legally unlicensed person under this Chapter.

 

§155- 3. Application procedure; fee; expiration; decals.

A.              Any commercial landscaper applying for a Home Improvement Contractor’s license or any renewal thereof shall file with the Town Clerk a written acknowledgement, as a part of their application or renewal, upon forms to be furnished by the Town Clerk, confirming their receipt of a copy of this Chapter and the requirement that such commercial landscaper shall be bound by the regulations contained herein.

B.              In addition, if the commercial landscaper uses or intends to use regulated chemicals or pesticides, proof of applicable New York State Department of Environmental Conservation certificate must be submitted at the time of application and/or renewal.

C.              In addition, if the commercial landscaper uses or intends to apply fertilizer product(s), proof of a certificate of completion of a Suffolk County Nitrogen Fertilizer Turf Management Course must be submitted at the time of application and/or renewal

 

 

§155-4. Regulations.

 

A.               No homeowner or tenant performing groundskeeping, or landscaper or other person in control of performing or providing commercial landscaping services shall engage in the following or permit any person who is within their employ or control to:

 

(1)               Blow, rake, place, spill, dump, or otherwise deposit any leaves, grass, garbage, refuse, cuttings, wood, oil, pesticides or other materials or debris from one property onto any public property, including, but not limited to, streets, sidewalks and rights-of-way, or upon the private property of another person without such other person's permission.

 

(2)                Remove leaves, clippings or other yard waste in a truck, dump truck, van, or other motor vehicle, trailer, container, or other towable device without securing a tarpaulin or other cover to prevent spillage. 

 

(3)               Spill or dump any oil, gasoline or other petroleum products within the Town.

 

(4)                Fill or refill any machinery or equipment with any fuel or lubricant except over a drop cloth or other device designed to catch and retain any accidental spillage.

 

(5)              Dispose of grass, leaves, branches and other groundskeeping waste by burning in violation of Chapter 141 of the Town Code.

 

 

B.               All commercial landscaping shall be performed in accordance with the laws, ordinances, rules, and regulations of the United States, the State of New York, the County of Suffolk, and the Town of East Hampton.

 

C.              No walk behind leaf blowers powered by gas or diesel shall be utilized upon any property within the Town of East Hampton, exclusive of any property in any incorporated village, unless such property is greater than one acre in area,

 

D.              No more than two leaf blowers of any power source (handheld, backpack, walk-behind or any combination thereof) shall be used at any one time on any property, exclusive of property in any incorporated village, unless such property is greater than one acre in area. 

 

E.                No gas or diesel generators may be utilized to power any electric leaf blowers at any time.

 

 

§155-5. Operation of Gasoline or diesel-powered leaf blowers within the Town.

A.               No landscaper, homeowner, business owner or municipal employee shall operate any gas or diesel powered leaf blower:

(1)              during the period from May 20th to September 20th of any year;

(2)              from September 21st to May 19th of any year, before 8:00 a.m. or after 6:00 p.m. on any weekday;

(3)              from September 21st to May 19th of any year, before 9:00 a.m. or after 5:00 p.m. on Saturdays;

(4)              from September 21st to May 19th of any year, on Sunday or on federal or New York State holidays, unless such leaf blower is operated by the homeowner or tenant, and only between the hours of 9:00 a.m. and 3 p.m.;

 

B.               The restrictions and limitations set forth in Section “A” hereof shall apply to all properties located within the boundaries of the Town of East Hampton, including but not limited to beach clubs, golf clubs, tennis clubs, restaurants, and shopping centers.

 

C.              Exceptions:

 

The restrictions and limitations set forth in this Section shall not apply:

 

(1)               During times of emergency as determined by executive order of the Town Supervisor, provided the use of such equipment which is non-compliant with this Chapter is deemed necessary by the Supervisor or other emergency response official to adequately and expeditiously address the emergency.

 

(2)              The Supervisor or his or her designee, may, in his or her discretion and upon application, grant a temporary permit to allow the operation of one or more gas-powered leaf blowers to accommodate a special circumstance. By way of illustration, a "special circumstance" includes, among other things, the remediation of an abandoned or neglected property, the cleanup of streets and roadways following a severe storm or any emergency situation which presents an immediate danger to public health and safety.

 

§155-6.  Suspension or revocation of license.

 

A violation of any provision of this Chapter shall be deemed a violation of the Licensee’s Home Improvement Contractor’s License and in addition to the penalties set forth in this chapter, the Licensing Review Board which shall have authority to conduct investigations into any complaints and such violations shall be a basis for the limitation, suspension and/or revocation of the Contractors Home Improvement Contractors License.

 

§155-7.  Penalties for offenses.

A.  Any person or persons who shall violate any of the provisions of this chapter, shall be subject to the following penalties:

 

(1)               For conviction of a first offense, by a fine of not more than $1,000.

 

(2)               For conviction of the second of two offenses, both of which were committed within a period of five years, by a fine of not less than $1,500 and not more than $2,500.

 

(3)                For conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine of not more than $5,000.00.

 

§155-8.  Severability.

 

If any clause, sentence, paragraph, section, word or part of this chapter is adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section, word or part of this chapter directly involved in the controversy in which judgment is rendered.

 

Section III - EFFECTIVE DATE:

This local law shall take effect immediately upon filing with the Secretary of State as required by law.

 

NOW, therefore, be it

 

RESOLVED, that the Town Clerk shall publish the following Notice of Public Hearing in the next edition of the EAST HAMPTON STAR.

 

 

NOTICE OF PUBLIC HEARING

 

 

PLEASE TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on Thursday, December 17, 2020 at 11:00 a.m., or as soon after as this matter can be heard to consider any and all comments in relation to the proposed enactment of a Chapter 155 "Landscaping and Gardening" to the East Hampton Town Code read as follows:

 

Introductory No.    of 2020

Local Law No.    2021

 

A local law to establish Chapter 155 of the East Hampton Town Code to enact regulations which encourage green landscaping practices and protect the public health by reducing emissions from the use of gas and diesel-powered leaf blowers, reducing noise, and deterring unlicensed landscapers.

 

 

 

SECTION I.              FINDINGS:

A.              This local law establishes Chapter 155 of the Town Code entitled "Landscaping" to advance the interests of Town residents in encouraging green landscaping practices, protecting public health by reducing emissions from the use of gas and diesel-powered leaf blowers, reducing noise, and deterring unlicensed landscapers.

 

B.              Based on this research and information from various sources, the Town Board finds that certain commercial landscaping and gardening activities may pose a risk of noise, odor, and pollution that may otherwise disturb the public health and welfare of Town residents. Scientific studies have been presented to this Board indicating that emissions from gas-powered leaf blowing equipment can cause deleterious health effects for those in the vicinity of their use. Further, the use of this equipment causes an unreasonable amount of noise that is detrimental to the quiet enjoyment of neighboring residences.

 

C.              The current Town Code, though requiring Home Improvement Contractor’s Licenses for commercial landscapers who also do installations of outdoor improvements such as walkways, patios, and similar structures as a part of their services, does not require a license for commercial landscapers who only engage in property maintenance such as cutting lawns and raking and disposing of leaves. However, the Town requires a mechanism to contact commercial landscapers working within the Town to assure that they are aware of the restrictions and limitations placed upon such activities by this local law, and to adequately enforce the provisions of this Chapter.

 

D.              This chapter, adopted pursuant to the authority of the Town Law and the Municipal Home Rule Law of the State of New York, will limit the use of gas-and diesel powered leaf blowers, and create a licensing requirement for commercial landscapers engaged in property maintenance.

 

SECTION II.              TOWN CODE AMENDED:

§155-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

 

COMMERCIAL LANDSCAPING

A form of Home Improvement Contracting involving any landscaping, gardening or groundskeeping services, for a fee, charge, or other compensation, to or for the benefit of any owner, tenant, or occupant of any lot, plot, or parcel of land within the Town.

 

COMMERCIAL LANDSCAPING LICENSE

An endorsement by the Town of East Hampton to a landscaper’s Home Improvement Contractor’s License to allow a landscaper to perform Commercial Landscaping activities within the Town of East Hampton.

 

GARDENING

The tilling, sowing, cultivating, trimming, fertilizing, pruning, cutting, shaping, treating, spraying, or otherwise maintaining and/or providing care for any lawn, sod, trees, flowers, shrubs, bush, plants, or other flora on any lot, plot, or parcel of land.

 

GAS or DIESEL POWERED LEAF BLOWER

Any device powered by a gasoline, diesel or similar fuel engine which is used, designed, or operated to produce a current of air for the purpose of pushing, propelling or blowing leaves, dirt, gardening and grass clippings and cuttings, refuse or debris, whether portable and carried, or walked behind, or attached to a tractor or similar machine.

 

GROUNDSKEEPING 

The cleaning of any lot, plot, or parcel of land by means of gathering and/or removing weeds or any fallen, diseased, dead, or discarded tree limbs, branches, brush, leaves, grass, or lawn clippings, fruit or flower waste, or other plant waste and any litter, dirt, debris, rubbish, or other refuse or waste present or engendered on or about the premises. Groundskeeping does not include the removal of litter, dirt, debris, rubbish, or other refuse or waste by a commercial refuse carter which is not performing any other commercial landscaping services to or for the benefit of the owner, tenant, or occupant of the lands, grounds, or buildings from which the removal is taking place.

 

HOLIDAY

New Year's Day, Memorial Day, the Fourth of July, Labor Day, Veterans Day, Thanksgiving Day and Christmas Day.

 

LANDSCAPER

Any person over the age of eighteen (18), firm, corporation, or other entity performing commercial landscaping services.

 

LANDSCAPING

The planting, transplanting, arranging, placing, and/or removal of any lawns, sod, trees, flowers, shrubs, bushes, plants, or other flora on any lot, plot, or parcel of land for a planned design or purpose or to achieve some aesthetic effect. Such activities shall not include the installation of any outdoor improvements requiring a Home Improvement Contractors License unless such commercial landscaper also holds a Home Improvement Contractor’s License. 

 

§155-2. License required; exceptions.

 

A.               It shall be unlawful for any person to engage in, or practice the trade or business of, commercial landscaping within the Town without obtained and having in force a commercial landscaper’s endorsement to their Home Improvement Contractor’s license pursuant to the requirements of this chapter. 

 

B.                Commercial landscaping work may be performed without a license by the owner, lessee or occupant of the property upon which the work is being performed, or an employee of the owner, lessee, or occupant, provided that such employee does not provide commercial landscaping for other properties within the Town and does not receive compensation for such commercial landscaping work.

 

C. The limitations contained herein as they apply to the use of gas or diesel powered leaf blowers applies to all use of such equipment whether performed by a licensed person or legally unlicensed person under this Chapter.

 

§155- 3. Application procedure; fee; expiration; decals.

A.              Any commercial landscaper applying for a Home Improvement Contractor’s license or any renewal thereof shall file with the Town Clerk a written acknowledgement, as a part of their application or renewal, upon forms to be furnished by the Town Clerk, confirming their receipt of a copy of this Chapter and the requirement that such commercial landscaper shall be bound by the regulations contained herein.

B.              In addition, if the commercial landscaper uses or intends to use regulated chemicals or pesticides, proof of applicable New York State Department of Environmental Conservation certificate must be submitted at the time of application and/or renewal.

C.              In addition, if the commercial landscaper uses or intends to apply fertilizer product(s), proof of a certificate of completion of a Suffolk County Nitrogen Fertilizer Turf Management Course must be submitted at the time of application and/or renewal

 

§155-4. Regulations.

 

A.               No homeowner or tenant performing groundskeeping, or landscaper or other person in control of performing or providing commercial landscaping services shall engage in the following or permit any person who is within their employ or control to:

 

(1)               Blow, rake, place, spill, dump, or otherwise deposit any leaves, grass, garbage, refuse, cuttings, wood, oil, pesticides or other materials or debris from one property onto any public property, including, but not limited to, streets, sidewalks and rights-of-way, or upon the private property of another person without such other person's permission.

 

(2)                Remove leaves, clippings or other yard waste in a truck, dump truck, van, or other motor vehicle, trailer, container, or other towable device without securing a tarpaulin or other cover to prevent spillage. 

 

(3)               Spill or dump any oil, gasoline or other petroleum products within the Town.

 

(4)                Fill or refill any machinery or equipment with any fuel or lubricant except over a drop cloth or other device designed to catch and retain any accidental spillage.

 

(5)              Dispose of grass, leaves, branches and other groundskeeping waste by burning in violation of Chapter 141 of the Town Code.

 

 

B.               All commercial landscaping shall be performed in accordance with the laws, ordinances, rules, and regulations of the United States, the State of New York, the County of Suffolk, and the Town of East Hampton.

 

C.              No walk behind leaf blowers powered by gas or diesel shall be utilized upon any property within the Town of East Hampton, exclusive of any property in any incorporated village, unless such property is greater than one acre in area,

 

D.              No more than two leaf blowers of any power source (handheld, backpack, walk-behind or any combination thereof) shall be used at any one time on any property, exclusive of property in any incorporated village, unless such property is greater than one acre in area. 

 

E.                No gas or diesel generators may be utilized to power any electric leaf blowers at any time.

 

§155-5. Operation of Gasoline or diesel-powered leaf blowers within the Town.

A.               No landscaper, homeowner, business owner or municipal employee shall operate any gas or diesel powered leaf blower:

(1)              during the period from May 20th to September 20th of any year;

(2)              from September 21st to May 19th of any year, before 8:00 a.m. or after 6:00 p.m. on any weekday;

(3)              from September 21st to May 19th of any year, before 9:00 a.m. or after 5:00 p.m. on Saturdays;

(4)              from September 21st to May 19th of any year, on Sunday or on federal or New York State holidays, unless such leaf blower is operated by the homeowner or tenant, and only between the hours of 9:00 a.m. and 3 p.m.;

 

B.               The restrictions and limitations set forth in Section “A” hereof shall apply to all properties located within the boundaries of the Town of East Hampton, including but not limited to beach clubs, golf clubs, tennis clubs, restaurants, and shopping centers.

 

C.              Exceptions:

 

The restrictions and limitations set forth in this Section shall not apply:

 

(1)               During times of emergency as determined by executive order of the Town Supervisor, provided the use of such equipment which is non-compliant with this Chapter is deemed necessary by the Supervisor or other emergency response official to adequately and expeditiously address the emergency.

 

(2)              The Supervisor or his or her designee, may, in his or her discretion and upon application, grant a temporary permit to allow the operation of one or more gas-powered leaf blowers to accommodate a special circumstance. By way of illustration, a "special circumstance" includes, among other things, the remediation of an abandoned or neglected property, the cleanup of streets and roadways following a severe storm or any emergency situation which presents an immediate danger to public health and safety.

 

§155-6.  Suspension or revocation of license.

 

A violation of any provision of this Chapter shall be deemed a violation of the Licensee’s Home Improvement Contractor’s License and in addition to the penalties set forth in this chapter, the Licensing Review Board which shall have authority to conduct investigations into any complaints and such violations shall be a basis for the limitation, suspension and/or revocation of the Contractors Home Improvement Contractors License.

 

§155-7.  Penalties for offenses.

A.  Any person or persons who shall violate any of the provisions of this chapter, shall be subject to the following penalties:

 

(1)               For conviction of a first offense, by a fine of not more than $1,000.

 

(2)               For conviction of the second of two offenses, both of which were committed within a period of five years, by a fine of not less than $1,500 and not more than $2,500.

 

(3)                For conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine of not more than $5,000.00.

 

§155-8.  Severability.

 

If any clause, sentence, paragraph, section, word or part of this chapter is adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section, word or part of this chapter directly involved in the controversy in which judgment is rendered.

 

Section III - EFFECTIVE DATE:

This local law shall take effect immediately upon filing with the Secretary of State as required by law.

 

Due to public health and safety concerns related to COVID-19, the Town Board will not be meeting in-person.  In accordance with the Governor's Executive Order 202.1, said public hearing of the Town Board will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide comments.  

 

The public can watch the public hearing live on Local TV Channel 22, and live online from the Public Meetings link on the LTV website (https://www.ltveh.org.  If any interested members of the public would like to provide comments on the Project and the financing thereof, comments can be called in during the meeting.  The conference number for such purpose will be made available on the live stream and also on the Town's website (www.ehamptonny.gov <http://www.ehamptonny.gov>) at least 24 hours prior to the start of the public hearing. 

 

Written comments and/or questions may also be submitted via email to the Town Clerk at the following email address CBrennan@ehamptonny.gov. Said comments and/or questions will be considered at the public hearing provided that they are submitted by email no later than 9:00 A.M. (Prevailing Time) on the day of the public hearing, or submitted via telephone by way of the conference number provided by the Town at the time of the hearing. 

 

Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall filed with the Town Clerk and placed upon the Town's website, and comments will be accepted in writing by the Town Clerk, to be received by email to CBrennan@ehamptonny.gov or by mail to Town Clerk, 159 Pantigo Road, East Hampton, New York 11937 within one (1) week of the posting of the public hearing transcript.

 

Please check the meeting Agenda posted on the Town's website (www.ehamptonny.gov <http://www.ehamptonny.gov>) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. 

 

Dated:              December 3, 2020

East Hampton, New York

 

                                                                                                  BY ORDER OF THE TOWN BOARD

                                                                                                  TOWN OF EAST HAMPTON

                                                                                                  Carole A. Brennan

                                                                                                  Town Clerk

 

RESOLUTION:              2020-1126

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

NOPH Amend Chapter 185 "Noise" of the East Hampton Town Code

 

WHEREAS, the Town of East Hampton is considering the adoption of a new Chapter 155 "Landscaping & Gardening" of the East Hampton Town Code to enact regulations which encourage green landscaping practices and protect the public health by reducing emissions from gas and diesel-powered leaf blowers and reducing noise,  and

 

WHEREAS, such regulations require an amendment of Chapter 185 "Noise" Section 185-4 "Exceptions" to read as follows:

 

Introductory No.    of 2020

Local Law No.    2021

 

A local law amending Chapter 185 "Noise" of the East Hampton Town Code,  Section 185-4 "Exceptions" to conform with the provisions of proposed Chapter 155 "Landscaping and Gardening" of the Town Code.

 

SECTION I.              TOWN CODE AMENDED:

 

Chapter 185 "Noise", Section 185-4 "Exceptions", Paragraph "A" is hereby amended to read in its entirety as follows:

 

A.              The intermittent or occasional use between 7:00 a.m. and 8:30 p.m. of homeowners' light residential outdoor equipment or commercial service equipment except gas and diesel-powered blowers, which shall be regulated pursuant to Chapter 155 of the Town Code, provided that said equipment and its use comply with the other provisions hereof.

 

Section II - EFFECTIVE DATE:

 

This local law shall take effect immediately upon filing with the Secretary of State as required by law.

 

now, therefore, be it

 

RESOLVED, that the Town Clerk shall publish the following Notice of Public Hearing in the next edition of the EAST HAMPTON STAR.

 

                                                        NOTICE OF PUBLIC HEARING

 

 

PLEASE TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on Thursday, December 17, 2020 at 11:00 a.m., or as soon after as this matter can be heard to consider any and all comments in relation to a proposed local law amending Town Code Chapter 185 "Noise", Section 185-4 "Exceptions" to conform the exception related to light residential outdoor equipment or commercial service equipment to the provisions of proposed Chapter 155 "Landscaping and Gardening" an abstract of which is as follows:

 

An amendment to Chapter 185 "Noise", Section 185-4 "Exceptions" Paragraph "A" to read in its entirety as follows 

 

              A.              The intermittent or occasional use between 7:00 a.m. and 8:30 p.m. of               homeowners' light residential outdoor equipment or commercial service equipment               except gas and diesel-powered blowers, which shall be regulated pursuant to Chapter               155 of the Town Code, provided that said equipment and its use comply with the               other provisions hereof.

 

Due to public health and safety concerns related to COVID-19, the Town Board will not be meeting in-person.  In accordance with the Governor's Executive Order 202.1, said public hearing of the Town Board will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide comments.  

 

The public can watch the public hearing live on Local TV Channel 22, and live online from the Public Meetings link on the LTV website (https://www.ltveh.org.  If any interested members of the public would like to provide comments on the Project and the financing thereof, comments can be called in during the meeting.  The conference number for such purpose will be made available on the live stream and also on the Town's website (www.ehamptonny.gov <http://www.ehamptonny.gov>) at least 24 hours prior to the start of the public hearing. 

 

Written comments and/or questions may also be submitted via email to the Town Clerk at the following email address CBrennan@ehamptonny.gov. Said comments and/or questions will be considered at the public hearing provided that they are submitted by email no later than 9:00 A.M. (Prevailing Time) on the day of the public hearing, or submitted via telephone by way of the conference number provided by the Town at the time of the hearing. 

 

Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall filed with the Town Clerk and placed upon the Town's website, and comments will be accepted in writing by the Town Clerk, to be received by email to CBrennan@ehamptonny.gov or by mail to Town Clerk, 159 Pantigo Road, East Hampton, New York 11937 within one (1) week of the posting of the public hearing transcript.

 

Please check the meeting Agenda posted on the Town's website (www.ehamptonny.gov <http://www.ehamptonny.gov>) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. 

 

Dated:              December 3, 2020

East Hampton, New York

 

                                                                                                                BY ORDER OF THE TOWN BOARD

                                                                                                                TOWN OF EAST HAMPTON

                                                                                                                Carole A. Brennan

                                                                                                                Town Clerk

 

RESOLUTION:              2020-1127

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

NOPH Amend Chapter 156 Home Improvement Contractors

 

WHEREAS, the Town of East Hampton is considering the adoption of a new Chapter 155 "Landscaping & Gardening" of the East Hampton Town Code to enact regulations which encourage green landscaping practices and protect the public health by reducing emissions from gas and diesel-powered leaf blowers and reducing noise,  and

 

WHEREAS, such regulations require an amendment of Chapter 156 "Home Improvement Contractors" Section 156-15 "Licensing Review Board" Paragraph "B Powers and duties" to add reference to the proposed new Chapter 155 "Landscaping and Gardening"; and

 

WHEREAS, the Town Board is considering an amendment to read as follows:

 

Introductory No.    of 2020

Local Law No.    2021

 

A local law amending Chapter 156 "Home Improvement Contractors" of the East Hampton Town Code,  Section 156-15 "Licensing Review Board", Paragraph "B, Powers and duties". 

 

 

SECTION I.              TOWN CODE AMENDED:

 

Chapter 156 "Home Improvement Contractors" of the East Hampton Town Code,  Section 156-15 "Licensing Review Board", Paragraph "B, Powers and duties". is hereby amended to add the following:

 

(8)              The Licensing Review Board shall be designated to hear and determine any complaint or grievance made with regard to any provisions of Chapter 155 "Landscaping and Gardening" and shall have authority to suspend, modify, condition, limit or revoke any Home Improvement Contractors license based upon a violation of Chapter 155, upon the procedure set forth in this Chapter.

 

Section II - EFFECTIVE DATE:

 

This local law shall take effect immediately upon filing with the Secretary of State as required by law.

 

now, therefore, be it

 

RESOLVED, that the Town Clerk shall publish the following Notice of Public Hearing in the next edition of the EAST HAMPTON STAR.

 

 

                                          NOTICE OF PUBLIC HEARING

 

 

PLEASE TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on Thursday, December 17, 2020 at 11:00 a.m., or as soon after as this matter can be heard to consider any and all comments in relation to a proposed local law amending Town Code Chapter 156 "Home Improvement Contractors", Section 156-15 "Licensing Review Board", Paragraph "B Powers and duties." to add a new provision, an abstract of which is as follows:

 

Chapter 156 "Home Improvement Contractors" of the East Hampton Town Code,  Section 156-15 "Licensing Review Board", Paragraph "B, Powers and duties". is hereby amended to add the following:

 

(8)              The Licensing Review Board shall be designated to hear and determine any complaint or grievance made with regard to any provisions of Chapter 155 "Landscaping and Gardening" and shall have authority to suspend, modify, condition, limit or revoke any Home Improvement Contractors license based upon a violation of Chapter 155, upon the procedure set forth in this Chapter.

 

Due to public health and safety concerns related to COVID-19, the Town Board will not be meeting in-person.  In accordance with the Governor's Executive Order 202.1, said public hearing of the Town Board will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide comments.  

 

The public can watch the public hearing live on Local TV Channel 22, and live online from the Public Meetings link on the LTV website (https://www.ltveh.org.  If any interested members of the public would like to provide comments on the Project and the financing thereof, comments can be called in during the meeting.  The conference number for such purpose will be made available on the live stream and also on the Town's website (www.ehamptonny.gov <http://www.ehamptonny.gov>) at least 24 hours prior to the start of the public hearing. 

 

Written comments and/or questions may also be submitted via email to the Town Clerk at the following email address CBrennan@ehamptonny.gov. Said comments and/or questions will be considered at the public hearing provided that they are submitted by email no later than 9:00 A.M. (Prevailing Time) on the day of the public hearing, or submitted via telephone by way of the conference number provided by the Town at the time of the hearing. 

 

Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall filed with the Town Clerk and placed upon the Town's website, and comments will be accepted in writing by the Town Clerk, to be received by email to CBrennan@ehamptonny.gov or by mail to Town Clerk, 159 Pantigo Road, East Hampton, New York 11937 within one (1) week of the posting of the public hearing transcript.

 

Please check the meeting Agenda posted on the Town's website (www.ehamptonny.gov <http://www.ehamptonny.gov>) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. 

 

Dated:              December 3, 2020

East Hampton, New York

 

                                                                                                                BY ORDER OF THE TOWN BOARD

                                                                                                                TOWN OF EAST HAMPTON

                                                                                                                Carole A. Brennan

                                                                                                                Town Clerk

 

RESOLUTION:              2020-1128

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Eichner Grant of Scenic and Conservation Easement (Lots 15 & 16) Schedule Public Hearing & 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 on Thursday, December 17, 2020 at 11:00 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: Lynn Eichner - 2015 Lynn Eichner Revocable Trust

TYPE OF EASEMENT: Scenic and Conservation

DATE OF EASEMENT: October 3, 2019

LOCATION:              49 & 55 Fairview Avenue, Montauk

                            SCTM #300-19-08-15 & 16

REVIEWING AGENCY:               Zoning Board of Appeals;

 

and be it

 

Due to public health and safety concerns related to COVID-19, the Town Board will not be meeting in-person.  In accordance with the Governor's Executive Order 202.1, the December 17, 2020 meeting of the Town Board will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide comments.  

 

The public can watch the live meeting on Local TV Channel 22, and live online from the Public Meetings link on the LTV website (https://www.ltveh.org). If any interested members of the public would like to provide comments on a Public Hearing, comments can be called in during the meeting at the call in number provided hereafter and on the Town's website and displayed on the live feed at the time of hearing.  (351) 888-6531.  Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk and placed upon the Town's website, and comments will be accepted in writing by the Town Board to be received by email to cbrennan@ehamptonny.gov or by mail to Town Clerk, 159 Pantigo Road, East Hampton, New York 11937 and actually received by close of business on December 24, 2020 or one (1) week after the posting of the hearing transcript, whichever is later. Please check the meeting Agenda posted on the website for any changes to the instructions to access the virtual meeting, and for updated information. 

 

and be it

 

              FURTHER RESOLVED, that the Town Clerk is hereby directed to publish a Notice of Public Hearing in the December 10, 2020 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 on Thursday, December 17, 2020 at 11:00 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: Lynn Eichner - 2015 Lynn Eichner Revocable Trust

TYPE OF EASEMENT: Scenic and Conservation

DATE OF EASEMENT: October 3, 2019

LOCATION:              49 & 55 Fairview Avenue, Montauk

                            SCTM #300-19-08-15 & 16

REVIEWING AGENCY:               Zoning Board of Appeals

 

 

Due to public health and safety concerns related to COVID-19, the Town Board will not be meeting in-person.  In accordance with the Governor's Executive Order 202.1, the December 17, 2020 meeting of the Town Board will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide comments.  

 

The public can watch the live meeting on Local TV Channel 22, and live online from the Public Meetings link on the LTV website (https://www.ltveh.org). If any interested members of the public would like to provide comments on a Public Hearing, comments can be called in during the meeting at the call in number provided hereafter and on the Town's website and displayed on the live feed at the time of hearing.  (351) 888-6531.  Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk and placed upon the Town's website, and comments will be accepted in writing by the Town Board to be received by email to cbrennan@ehamptonny.gov or by mail to Town Clerk, 159 Pantigo Road, East Hampton, New York 11937 and actually received by close of business on December 24, 2020 or one (1) week after the posting of the hearing transcript, whichever is later. Please check the meeting Agenda posted on the website for any changes to the instructions to access the virtual meeting, and for updated information. 

 

RESOLUTION:              2020-1129

CATEGORY:                            Public Hearing

SPONSORED BY:              Councilwoman Sylvia Overby

DEPARTMENT:              Town Attorney

Eichner Grant of Scenic and Conservation Easement Schedule Public Hearing and Notice of Public Hearing (Lot 14.01)

 

              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 on Thursday, December 17, 2020 at 11:00 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: Lynn Eichner

TYPE OF EASEMENT: Scenic and Conservation

DATE OF EASEMENT: October 3, 2019

LOCATION:              39 Fairview Avenue, Montauk

                            SCTM #300-19-08-14.01

REVIEWING AGENCY:               Zoning Board of Appeals;

 

and be it

 

Due to public health and safety concerns related to COVID-19, the Town Board will not be meeting in-person.  In accordance with the Governor's Executive Order 202.1, the December 17, 2020 meeting of the Town Board will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide comments.  

 

The public can watch the live meeting on Local TV Channel 22, and live online from the Public Meetings link on the LTV website (https://www.ltveh.org). If any interested members of the public would like to provide comments on a Public Hearing, comments can be called in during the meeting at the call in number provided hereafter and on the Town's website and displayed on the live feed at the time of hearing.  (351) 888-6531.  Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk and placed upon the Town's website, and comments will be accepted in writing by the Town Board to be received by email to cbrennan@ehamptonny.gov or by mail to Town Clerk, 159 Pantigo Road, East Hampton, New York 11937 and actually received by close of business on December 24, 2020 or one (1) week after the posting of the hearing transcript, whichever is later. Please check the meeting Agenda posted on the website for any changes to the instructions to access the virtual meeting, and for updated information. 

 

and be it

 

              FURTHER RESOLVED, that the Town Clerk is hereby directed to publish a Notice of Public Hearing in the December 10, 2020 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 on Thursday, December 17, 2020 at 11:00 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: Lynn Eichner

TYPE OF EASEMENT: Scenic and Conservation

DATE OF EASEMENT: October 3, 2019

LOCATION:              39 Fairview Avenue, Montauk

                            SCTM #300-19-08-14.01

REVIEWING AGENCY:               Zoning Board of Appeals

 

 

Due to public health and safety concerns related to COVID-19, the Town Board will not be meeting in-person.  In accordance with the Governor's Executive Order 202.1, the December 17, 2020 meeting of the Town Board will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide comments.  

 

The public can watch the live meeting on Local TV Channel 22, and live online from the Public Meetings link on the LTV website (https://www.ltveh.org). If any interested members of the public would like to provide comments on a Public Hearing, comments can be called in during the meeting at the call in number provided hereafter and on the Town's website and displayed on the live feed at the time of hearing.  (351) 888-6531.  Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk and placed upon the Town's website, and comments will be accepted in writing by the Town Board to be received by email to cbrennan@ehamptonny.gov or by mail to Town Clerk, 159 Pantigo Road, East Hampton, New York 11937 and actually received by close of business on December 24, 2020 or one (1) week after the posting of the hearing transcript, whichever is later. Please check the meeting Agenda posted on the website for any changes to the instructions to access the virtual meeting, and for updated information. 

D.              COUNCILMAN BRAGMAN

 

RESOLUTION:              2020-1130

CATEGORY:                            Local Law Public Hearing

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Town Attorney

NOPH- Amending Section 240--58, Schedule VIII "Stop Intersections" of the East Hampton Town Code  On Middle Highway at Tryworks Lane and Berryman Street,  Berryman Street at Middle Highway and Winslow Lane, and on Old Orchard Lane at Bob White Court and Ruffed Grouse Court and Also at Bob White Court and Ruffed Grouse Court at Their Intersections with Old Orchard Lane, East Hampton .

 

BE IT HERE RESOLVED, that the Town Board hereby directs that a public hearing shall be held on December 17, 2020 at 11:00 a.m., or as soon after as this matter can be heard, to consider any and all comments with regard to a local law entitled: "A Local Law Providing for the Amendment of Chapter 240 (Vehicles and Traffic), Section 240-58, (Schedule VIII: Stop Intersections) of the East Hampton Town Code", to authorize a stop signs at Middle Highway at Tryworks Lane and Berryman Street, on Berryman Street at the intersection of Winslow Avenue and Middle Highway, at Old Orchard Lane at its intersection with Bob White Court and Ruffed Grouse Court, and also at Bob White Court and Ruffed Grouse Court at their intersections with Old Orchard Lane, East Hampton which local law provides as follows:

 

Introductory No.    of 2020

Local Law No.  ___ - 2020

 

"A Local Law Providing for the Amendment of Chapter 240 (Vehicles and Traffic), Section 240-58, (Schedule VIII: Stop Intersections.) of the East Hampton Town Code", to authorize stop sign on various roads within the Town of East Hampton at Middle Highway, at its intersection with Tryworks Lane and Berryman Street, Berryman Street at its intersection with Middle Highway and Winslow Avenue, Old Orchard Lane its intersection with Bob White Court and Ruffed Grouse Court and also at Bob White Court and Ruffed Grouse Court at their intersections with Old Orchard Lane, East Hampton.

 

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

 

SECTION 1. Legislative Intent.

It is the intent of this legislation to authorize stop signs to enhance public safety of various intersections on Old Orchard Lane, Middle Highway, Berryman Street, Bob White Court and Ruffed Grouse Court, East Hampton.

 

SECTION 2. Amendments.

Chapter 240 (Vehicles and Traffic) is hereby amended to add the following:

 

§240-58 (Schedule VIII: Stop Intersections.)

 

Stop Sign on                                          Direction of Travel                    At Intersection of

 

Middle Highway                            North/South                                          Tryworks Lane

 

Middle Highway                            North                                                        Berryman Street

 

Berryman Street                            Southwest                                          Middle Highway

 

Berryman Street                            Northeast                                          Winslow Ave.

 

Old Orchard Lane                            North                                                        Bob White Court

 

Old Orchard Lane                            North/South                                          Ruffed Grouse Court

 

Bob White Court                            South                                                        Old Orchard Lane

 

Ruffed Grouse Court                            West                                                Old Orchard Lane

 

SECTION 3. Authority.                                                                                                                              

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

 

SECTION 4.  Effective Date.

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

 

AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing in the next available edition of the EAST HAMPTON STAR:

 

 

 

NOTICE OF PUBLIC HEARING

Introductory No.    of 2020

 

PLEASE TAKE NOTICE that the Town Board of the Town of East Hampton will hold a public hearing on Thursday, December 17, 2020 at 11:00 a.m., or as soon after as this matter can be heard to consider any and all comments in relation to the proposed amendment to Chapter 240 "Vehicles and Traffic, Section 240--58, Schedule VIII "Stop Intersections" of the East Hampton Town Code to place stop signs at various intersections in Town to enhance public safety, an abstract of which is as follows:

 

              An amendment to Chapter 240 "Vehicles and traffic", Section 240-58 "Stop Intersections" to provide for stop signs on Middle Highway at Tryworks Lane, and Berryman Street, and on Berryman Street at Middle Highway and Winslow Lane, and on Old Orchard Lane at Bob White Court and Ruffed Grouse Court and also at Bob White Court and Ruffed Grouse Court at their intersections with Old Orchard Lane, East Hampton  as follows:

 

 

 

Stop Sign on                                          Direction of Travel                    At Intersection of

 

Middle Highway                            North/South                                          Tryworks Lane

 

Middle Highway                            North                                                        Berryman Street

 

Berryman Street                            Southwest                                          Middle Highway

 

Berryman Street                            Northeast                                          Winslow Ave.

 

Old Orchard Lane                            North                                                        Bob White Court

 

Old Orchard Lane                            North/South                                          Ruffed Grouse Court

 

Bob White Court                            South                                                        Old Orchard Lane

 

Ruffed Grouse Court                            West                                                Old Orchard Lane

 

 

Due to public health and safety concerns related to COVID-19, the Town Board will not be meeting in-person.  In accordance with the Governor's Executive Order 202.1, said public hearing of the Town Board will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide comments.  

 

The public can watch the public hearing live on Local TV Channel 22, and live online from the Public Meetings link on the LTV website (https://www.ltveh.org.  If any interested members of the public would like to provide comments on the Project and the financing thereof, comments can be called in during the meeting.  The conference number for such purpose will be made available on the live stream and also on the Town's website (www.ehamptonny.gov <http://www.ehamptonny.gov>) at least 24 hours prior to the start of the public hearing. 

 

Written comments and/or questions may also be submitted via email to the Town Clerk at the following email address CBrennan@ehamptonny.gov. Said comments and/or questions will be considered at the public hearing provided that they are submitted by email no later than 9:00 A.M. (Prevailing Time) on the day of the public hearing, or submitted via telephone by way of the conference number provided by the Town at the time of the hearing. 

 

Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall filed with the Town Clerk and placed upon the Town's website, and comments will be accepted in writing by the Town Clerk, to be received by email to CBrennan@ehamptonny.gov or by mail to Town Clerk, 159 Pantigo Road, East Hampton, New York 11937 within one (1) week of the posting of the public hearing transcript.

 

Please check the meeting Agenda posted on the Town's website (www.ehamptonny.gov <http://www.ehamptonny.gov>) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. 

 

Dated:              December 3, 2020

East Hampton, New York

 

                                                                                                                BY ORDER OF THE TOWN BOARD

                                                                                                                TOWN OF EAST HAMPTON

                                                                                                                Carole A. Brennan

                                                                                                                Town Clerk

 

RESOLUTION:              2020-1131

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

SPONSORED BY:              Councilman Jeffrey Bragman

DEPARTMENT:              Town Attorney

Retain HMMH - Operations and Noise Compliant Analysis 2020

 

WHEREAS, the Town of East Hampton has retained Harris Miller Miller and Hanson Inc. (HMMH), an international leader in environmental noise and vibration control and airport and airspace planning, to perform various studies and analysis at the East Hampton Municipal Airport in past years; and

 

WHEREAS, the Town wishes to retain HMMH to continue to evaluate operations and complaints associated with aircraft operations at the East Hampton Town Airport; and

 

WHEREAS, HMMH has submitted a proposal dated October 16, 2020, for assessment of the 2020 "Implementation period" from July 27th through September 30, 2020 and to compare such operations and complaints to the analysis of operations and complaints during the 2015, 2016, 2017, 2018 and 2019 implementation periods; now, therefore, be it

 

RESOLVED, the Town Board finds that the adoption of this resolution is classified as a Type II Action under SEQRA pursuant to 6 NYCRR Part 617.5(c)(24) and Town Code Chapter 128, and as such, no further environmental review is required; and be it further

 

RESOLVED, the Town of East Hampton hereby retains HMMH for its analysis work as set forth in their October 16, 2020 proposal, to be paid at such work at the rates set forth therein, I an amount not to exceed $40,715.00 payable from the Outside Professional line SX5610 54520; and be it further

 

RESOLVED, that the Supervisor is authorized and directed to enter into an agreement, in a form approved by the Office of the Town Attorney, with HMMH, for the work provided for in their proposal dated October 16, 2020 as approved herein.

E.              SUPERVISOR VAN SCOYOC

 

RESOLUTION:              2020-1132

CATEGORY:                            Bond

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Clerk

BOND - $130,000 Additional Downtown Montauk Wastewater Management Initiative

 

BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED DECEMBER 3, 2020, AUTHORIZING THE PREPARATION OF PLANS, STUDIES, SPECIFICATIONS AND ESTIMATES IN CONNECTION WITH THE DOWNTOWN MONTAUK WASTEWATER MANAGEMENT INITIATIVE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $190,000, APPROPRIATING $130,000 IN ADDITION TO THE $60,000 HERETOFORE APPROPRIATED FOR SUCH PURPOSE; AND AUTHORIZING THE ISSUANCE OF BONDS OF THE TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $130,000, IN ADDITION TO THE $60,000 BONDS HERETOFORE AUTHORIZED FOR THE PROJECT, TO FINANCE SAID ADDITIONAL APPROPRIATION

Recitals

WHEREAS, on July 20, 2017, the Town Board of the Town of East Hampton (the “Town”), authorized the preparation of plans, studies, specifications and estimates in connection with the Downtown Montauk Wastewater Management Initiative (the “Project”) and authorized the issuance of bonds in the principal amount of $60,000 for such purpose;

WHEREAS, it has now been determined that it is in the best interest of the Town to increase the appropriation for said Project by $130,000 and to authorize an additional $130,000 in bonds of the Town to finance said additional appropriation,

Now, therefore,

THE TOWN BOARD OF THE TOWN OF EAST HAMPTON, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS:

Section 1.  The Town of East Hampton, in the County of Suffolk, New York (herein called the “Town”), is hereby authorized to prepare plans, studies, specifications and estimates in connection with the Downtown Montauk Wastewater Management Initiative (the “Project”).  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $190,000 and $130,000 is hereby appropriated for such purpose, in addition to the $60,000 heretofore appropriated for such purpose pursuant to the bond resolution adopted on July 20, 2017 (the “Prior Bond Resolution”).  The plan of financing includes the issuance of bonds of the Town in the principal amount of not to exceed $130,000 to finance said additional appropriation, in addition to the $60,000 bonds heretofore authorized for the Project pursuant to the Prior Bond Resolution, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable.  Debt service on the obligations herein authorized is expected to be paid from the Town’s General Fund - Townwide, as determined by the Town Board.

Section 2.  In addition to the $60,000 bonds heretofore authorized for the Project, bonds of the Town in the principal amount of not to exceed $130,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said additional appropriation.

Section 3.  The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Sections 11.00 a. 62 of the Law, is five (5) years.

Section 4.  The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized.  The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.

Section 5.  The proposed maturity of the bonds authorized by this resolution will not exceed five years.

Section 6.  Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town.  The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.

Section 7.  Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and the powers and duties relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.

Section 8.  The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if:

(a)              such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or

(b)              the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

(c)              such obligations are authorized in violation of the provisions of the constitution.

Section 9.  This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in “The East Hampton Star,” which is hereby designated the official newspaper of the Town for such publication.

 

RESOLUTION:              2020-1133

CATEGORY:                            Appointments

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Human Resources

Appoint Part Time School Crossing Guard - William Field

 

              RESOLVED, that William Field be and is hereby appointed to the part time position of School Crossing Guard with the East Hampton Town Police Department, at the hourly rate of $20.00 per hour, to be paid bi-weekly from budget account B3120.51200 upon properly submitted time records, effective retroactive November 2, 2020.

 

RESOLUTION:              2020-1134

CATEGORY:                            Appointments

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Human Resources

Promote Ed Schnell to Network Communications Specialist and Amend Schedule "A"

 

              WHEREAS, the Suffolk County Department of Civil Service reviewed the duties and responsibilities of Edward Schnell, Communications Technician I, and as a result of this review, it has been determined this position, number 15-07-0723, is to be reclassified as Network Communications Specialist, and

 

              WHEREAS, Edward Schnell is immediately reachable on the Suffolk County Civil Service Eligible List for the title of Network Communications Specialist, list #20SR454, and

 

              WHEREAS, Michael Sarlo, Chief of Police, has requested that Mr. Schnell receives retroactive pay for this title, to reflect the approved promotion as written in the 2020 Adopted Budget, and, now therefore be it

 

              RESOLVED, the CSEA Schedule "A" is hereby amended to reflect the addition of Network Communications Specialist at Grade 34, effective retroactive January 1, 2020, and,  be it further

 

              RESOLVED, that Edward Schnell be and is hereby appointed to Network Communications Specialist for the East Hampton Town Police Department, at the hourly rate of $37.719 per hour, $78,455.52 annually (Grade 34, Step 4) for a 40 hour work week, to be paid bi-weekly from budget account B3120-51100, upon proper submission of time records, effective retroactive January 1, 2020, and, be it further

 

              RESOLVED, that the Finance Office be authorized to issue a check through payroll from the appropriate budget accounts, for the difference in hourly salary, from January 1, 2020 through November 21, 2020 (payroll #1 - #21) for a gross total of $14,427.687.

 

RESOLUTION:              2020-1135

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Approve East Hampton Water Supply District Fire Protection Agreement

 

WHEREAS, the Town of East Hampton held a public hearing on Thursday, August 6, 2020 on a proposed contract with the Village of East Hampton for the East Hampton Water Supply Fire Protection District for fire protection and emergency ambulance service to be furnished by the Town on behalf of the fire protection district known as East Hampton Water Supply Fire Protection District for the calendar years 2021 and 2022 upon the following general terms:

 

(1)              The Fire Department shall answer and attend all calls in said Fire District and shall furnish fire fighting vehicles and equipment and fire fighting personnel;

(2)              The Fire Department shall furnish emergency ambulance service, including vehicles and equipment and ambulance personnel to the District;

(3)              For such services during each 12 month period of 2021 and 2022 East Hampton Town shall pay the sum of $891,935.00 as follows:

 

              $571,378.00 to the Village of East Hampton for fire protection services;

              $137,221.00 to the Village of East Hampton for ambulance services;

              $98,979.00 to the East Hampton Fire Department, Cedar Street, East Hampton;

              $59,612.00 to the East Hampton Village Ambulance Association; and

              $24,745.00 to the Village of East Hampton for the maintenance of fire wells and                                             cisterns,

 

making the Town's total costs for fire protection and ambulance services under the Contract $891,935.00.                                                       

                        

              WHEREAS, the Town Board believes that the proposed agreement is in the best interests of the residents of the Town; and

 

              WHEREAS, the proposed Agreement for fire protection and ambulance services is a Type II action under SEQRA and Chapter 128 (Environmental Quality Review) of the Town Code and no environmental review or analysis is needed; now, therefore, be it

 

              RESOLVED, that the Agreement for Fire Protection and Ambulance services is hereby approved upon terms as proposed, and the Supervisor is authorized to enter into an Agreement for the same, subject to the approval of the Town Attorney; and be it further

 

              RESOLVED, that the following payments shall be made for such services for the 2021 and 2022 calendar years from the appropriate budget account:

 

              $571,378.00 to the Village of East Hampton for fire protection services;

              $137,221.00 to the Village of East Hampton for ambulance services;

              $98,979.00 to the East Hampton Fire Department, Cedar Street, East Hampton;

              $59,612.00 to the East Hampton Village Ambulance Association; and

              $24,745.00 to the Village of East Hampton for the maintenance of fire wells and                                             cisterns,

 

making the Town's total costs for fire protection and ambulance services under the Contract $891,935.00.                         

 

RESOLUTION:              2020-1136

CATEGORY:                            Agreements, Contracts

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Approve Northwest Fire Protection District Agreement with East Hampton Village

 

WHEREAS, the Town of East Hampton held a public hearing on Thursday, August 6, 2020, on a proposed contract with the Village of East Hampton for fire protection and emergency ambulance service to be furnished by the Village on behalf of the fire protection district known as the Northwest Fire Protection District for calendar years 2021 and 2022 upon the following general terms:

 

(1)              The Village shall answer and attend all calls in said Fire District and shall furnish fire fighting vehicles and equipment and fire fighting personnel;

 

(2)              The Village shall furnish emergency ambulance service, including vehicles and equipment and ambulance personnel to the District;

 

(3)              For such services during each 12 month period of 2021 and 2022, East Hampton Town shall pay the sum of $1,728,756.00 for each calendar year as follows:

 

              $1,205,743.00 to the Village of East Hampton for fire protection services;

              $230,576.00 to the Village of East Hampton for ambulance services;

              $185,584.00 to the East Hampton Fire Department, Cedar Street, East Hampton;

              $76,484.00 to the East Hampton Village Ambulance Association; and

              $30,369.00 to the Village of East Hampton for the maintenance of fire wells and                                               cisterns,

 

making the Town's total costs for fire protection and ambulance services under the Contract $1,728,756.00.                           

             

WHEREAS, the Town Board believes that the proposed agreement is in the best interests of the residents of the Town; and

 

              WHEREAS, the proposed Agreement for fire protection and ambulance services is a Type II action under SEQRA and Chapter 128 (Environmental Quality Review) of the Town Code and no environmental review or analysis is needed; now, therefore, be it

 

              RESOLVED, that the Agreement for Fire Protection and Ambulance services is hereby approved upon terms as proposed, and the Supervisor is authorized to enter into an Agreement for the same, subject to the approval of the Town Attorney; and be it further

 

              RESOLVED, that the following payments shall be made for such services for each 12 month period of 2021 and 2022 calendar years from the appropriate budget account:

 

              (3)              For such services during each 12 month period of 2021 and 2022, East Hampton Town shall pay the sum of $1,728,756.00 for each calendar year as follows:

 

              $1,205,743.00 to the Village of East Hampton for fire protection services

              $230,576.00 to the Village of East Hampton for ambulance services;

              $185,584.00 to the East Hampton Fire Department, Cedar Street, East Hampton

              $76,484.00 to the East Hampton Village Ambulance Association; and

              $30,369.00 to the Village of East Hampton for the maintenance of fire wells and                                             cisterns,

 

making the Town's total costs for fire protection and ambulance services under the Contract $1,728,756.00.                           

 

RESOLUTION:              2020-1137

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Budget Modification - Staffing Parks and Recreation

 

Resolved, that in order to meet the continued demands of COVID as it relates to the deployment of staff, the Budget Office is directed to make the following modifications to the 2020 operating budget related to Parks Department and Recreation Department staffing:

 

Add $17,000 to revenue line A0-41421 (Parking Lot Revenues)

Add $17,000 to Expense Line A1620-51300 (Overtime - B and G)

Move from A7020-51200 (PT Rec.) $600 to A7020-51300 (OT Rec.)

Move from A7110-51200 (PT - Parks) $2,300 to A7110-51300 (OT - Parks)

 

RESOLUTION:              2020-1138

CATEGORY:                            Budget

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Bookkeeping

Budget Modification - Buildings and Grounds

 

Resolved, at the request of the Department Head the Budget Office is directed to make the following modification to the 2020 Buildings and Grounds operating budget:

 

From A1620-54420 $300 to A1620-54430 (To pay for work done on the Montauk Playhouse generator)

 

RESOLUTION:              2020-1139

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Authorize Access for Testing to Madison Hills Monitoring Wells.

 

WHEREAS, the Town of East Hampton is the owner of property at Camp Hero described as SCTM #0300-015.01-01.00-028.000 & 029.000; and

 

WHEREAS, Camp Hero, as a Formerly Utilized Defense Site (FUDS), is undergoing the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) review process to determine and address any potential environmental concerns from its historical military use; and

 

WHEREAS. a remedial Investigation was previously conducted and discussed publicly, and as a result of such public comment, questions regarding deep groundwater (Upper Glacial Aquifer) were identified by the Town; and

 

WHEREAS, the United States of America is seeking access to such property to take water samples from certain existing, but non-functioning wells, known as the Madison Wells #1, #2, and #3A; and

 

WHEREAS, the Town Board supports a thorough review of the site conditions in the event that any sort of remedial action may be necessary; now, therefore, be it

 

RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute an access agreement with the United States of America to permit access to the Town property at Camp Hero known and described as as SCTM #0300-015.01-01.00-028.000 & 029.000; and be iit further

 

RESOLVED, that the access agreement shall be valid for a period of up to three (3) months after its execution, subject to renewal upon request of the licenses and by further authorization of the Town Board.

 

RESOLUTION:              2020-1140

CATEGORY:                            Approvals

SPONSORED BY:              Supervisor Peter Van Scoyoc

DEPARTMENT:              Town Attorney

Approve Memorandum of Agreement with Suffolk County - Schoolbus Stop Arm Camera Program

 

WHEREAS, the Suffolk County Legislature enacted Chapter 719 of the Suffolk County Code which in part enacted a demonstration program (the "Program") authorized by Section 1174-a of the New York Vehicle and Traffic Law (School Bus "Stop Arm Law") which requires motorists to stop for a School Bus in certain situations; and

 

WHEREAS, the Program seeks to enforce the requirements of State and local laws, rules and regulations related to school bus stops (collectively the "Stop Arm Laws") through public education, adjudication and fines; and

 

WHEREAS, the County issued a Request for Proposals seeking assistance for the enactment of school bus Stop Arm Laws in Suffolk County, and as a result awarded a contract whereby the Contractor will photograph potential violations, and manage the collection of fines and penalties for Stop Arm Law violations; and

 

WHEREAS, the Contractor will install hardware, including cameras and necessary software on buses of School Districts which have entered into an Opt-In Agreement with the County and the Contractor, and provide training, support services including telephone and online customer service, and maintenance and repair services, as well as printing and mailing of citations, evidence package generation and court support, court testimony and payment processing, as well as a public awareness campaign and marketing administration and support; and

 

WHEREAS, the Town believes that the School Bus Stop Arm Law Program will benefit the Town's residents by helping to further the safety of the children utilizing School Buses within the Town; now, therefore, be it

 

RESOLVED, that the Town Board hereby approves the Town of East Hampton's participation on the Suffolk County School Bus Stop Arm Law Program (the "Program"), and authorizes and directs the Town Supervisor to execute a Memorandum of Agreement, subject to the approval of the Town Attorney, with the County of Suffolk and the Contractor, Bus Patrol America, LLC to participate in the Proram.       

F.              ADDITIONAL RESOLUTIONS