The Town Board took the advice of its Green Options Committee and passed a resolution on Friday declaring the Town’s intention to seek New York State certification as a Climate Smart Community.
Green Options Chair Tim Purtell appeared at the Town Board work session on Tuesday and presented the case for seeking the designation (find details in this Gazette post). The Board’s resolution on Friday confirms its commitment to the program.
After public hearings, the board also adopted two local laws: Boats on Town Property and Abandoned Vehicles. The former clarifies regulations for small watercraft stored on Town property; the latter enables the Shelter Island Police and Highway Departments to clear roadways ahead of snow emergencies. The board had previously set the annual fee schedule for boat storage on Town landings at $50 for small boats, $75 for medium boats and $150 for large boats; that’s up from $15 for any size boat for a permit good for two years.
Peter Beardsley was the only member of the public to speak at the boat storage hearing. He’s a member of the Menantic Yacht Club, a group of about three dozen sailors who meet Sunday afternoons in the summer for Sunfish races in and around West Neck Creek. Anyone is welcome to join. While some members trailer their boats to the landings before races, many keep multiple Sunfish on Town landings in Silver Beach, making them available to newcomers, he said.
Members are concerned about the new fee structure, Beardsley said, and also about possible limitations on the number of permits per household or per landing. Such limits could greatly inhibit the MYC, a casual group with no formal club house and no fees, which has been coordinating races there since the 1960s. Supervisor Siller said the Town will be responsive to feedback as the new regulations roll out this summer.
(See the text of both new laws at the end of this post.)
The board also declared by resolution that the two ferry companies have already satisfied the requirements of a recent Presidential Executive Order requiring the use of masks on public transportation. Since the earliest days of the pandemic, the North and South ferry companies have required employees and passengers to wear masks, and had instituted other safety measures.
Public Hearings
The board set the following public hearings to take place on March 5 for all interested persons in favor of or in opposition to the the proposed (start times are approximate):
- 4:40 PM, Peter Levenson, 23 Winthrop Road for a wetlands permit to construct a small retaining wall 2′-0″ high by plus or minus 60′ long; the top of proposed wall will align with top of existing grade, wall to be located 39′ -8″ south of the existing bulkhead and set back 37′ from west property line and 17′ from east property line
- 4:42 PM, Peconic on Shelter, LLC c/o Gary Sher, 68 Peconic Avenue, to construct a 4′ by 125′ fixed dock with a 4′ by 30′ “L” section; install one 2-pile tie-off dolphin; provide for water and electrical service to offshore end of dock; and construct access stairway from bulkhead on to dock and to beach
The board continued the following hearings until March 5, pending additional information (the WMAC was to meet February 1 but was could not because of snow; it rescheduled for February 8):
- Miles Wilson, 57F Strobel Road, in West Neck Bay off Cackle Hill Town landing, approximately 105 feet east of the Shea mooring W-2740 (latitude 41.06566° north and longitude 72.36401° west)
- Bradley Coppens, 32 Little Ram Island Drive, in Coecles Harbor, approximately 186 feet south of the Relyea mooring C- 3560 (latitude 41.07969° north and longitude 72.30136° west) formerly occupied by the Trynin mooring
- Randy Meech, 7 Little Ram Island Drive, in Coecles Harbor at a location formerly occupied by the C-895 Compton mooring (latitude 41.076469° north and longitude 72.308029° west)
The board closed the following hearings due to no shows; the applicants will have to resubmit:
- Cape Horn, LLC, c/o Alexander Jackson, 4 Nicoll Road, for an 8,000 pound elevator style boat lift at offshore side of existing dock
- 58 Tuthill Drive SI, LLC, c/o Brian Carroll, for a new 5′ by 110′ dock, one ladder and two 10″ diameter mooring pilings, a three foot wide crossover stairs for pedestrian access, and repairs of existing offshore platform/dock as needed in Shanty Bay
- Allies Fault (Josh Sapan & Ann Foley) 22 Prospect Avenue, for a mooring in Shelter Island Sound 85′ northwest of applicant’s property (atitude 41.083768° north and longitude 72.3614857° west)
Permit Approvals
After public hearings, the Board approved the following permits:
Moorings
- Anthony DiNotte, 3 Mimosa Place, for a stake, mooring and pulley system in the Harbor View Acres Cove of West Neck Bay (latitude 41.06287° north and longitude 72.36662° west) formerly occupied by the W-1873 Lucas stake, mooring and pulley system
- Sheldon Kasowitz and Kathryn Huarte, 31 Westmoreland Drive, for a mooring in West Neck Creek approximately 125 feet north of the Hines W-1722 mooring (latitude 41.05687° north and longitude 72.35765° west) formerly occupied by the W02747 Vapnek mooring
- David Rolfe, 3 Tuthill Drive, for a mooring in Coecles Harbor off Oak Road in the location formerly occupied by the C-1855 Hagoort mooring and approximately 120 feet off the Hershey C-3048 mooring
- Jeanne McCulloch, 5 North Menantic Road, in West Neck Creek approximately 138 feet west of applicant’s dock; said mooring was formerly occupied by the W-1238 Cumming mooring (latitude at 41.064003° north and longitude 72.354934° west)
Wetlands
These applications have been reviewed by the pertinent committees and will be forwarded for formal approval at the next Town Board meeting:
- Alice Klaris, 18 Westmoreland Drive, to remove existing single family residence and cesspools from regulated area; existing house to be relocated on new foundation outside of regulated area, and new IAOWTS with pressurized shallow drainfield to be installed outside of regulated area
- AJE Realty, 13 Montclair Avenue, to rebuild majority of existing single family dwelling on exiting foundation; construction includes expansion of waterside covered porch within regulated area and of house landward of regulated area; new work will include swimming pool and accessory building outside regulated area
Appointments
The board approved these committee appointments:
- Linda Zavatto to Taylor’s Island Preservation & Management Committee through December 13, 2023
- Cathy Kenny and Tim Purtell to Community Preservation Fund Advisory Board through February 2, 2022
- Helen J. Rosenblum to EMS Advisory Board through December 31, 2021
- Albert Brayson to Water Quality Improvement Advisory Board through February 2, 2024
- The board approved these committee re-appointments:
- Kathleen Gerard to the Community Preservation Fund Advisory Board through February 2, 2024
- Kevin Sanwald to the Taylor’s Island Preservation and Management Committee through January 17, 2024
- Michael A. Gulluscio to Ferry Study Group through January 29, 2022
The board made this Town appointment:
- Brett Poleshuk, part time Building Inspector for the year 2021 for fifteen hours per week at the rate of $25.00 per hour, retroactive to January 11, 2021
Other business
In other business, the board:
- Adopted a new employee handbook developed by Public Section HR Consultants LLC and ordered it distributed to all Town employees
- Permitted maintenance dredging requested by the Shelter Island Yacht Club for areas within the marina in accordance with a DEC-approved plan and pursuant to a DEC permit
- Abolished one position of Food Service Worker
- Declared that all rental permits set to expire between September 1. 2020 and March 31, 2021 are extended through March 31, 2021 (due to reorganization of the department)
- Approved a $6,000 rebate for Chip Koehler rebate to install a Low-Nitrogen Sanitary System for property located at 11 H Blueberry Lane
- Acknowledged the merger of Albrecht, Viggiano, Zurech & Co., P.C. (“AVZ”) with PKF O’Connor Davies, LLP (“PKFOD”) to enhance the services that AVZ presently provides to the Town
- Reduced by $18,000 the salary paid to Craig Wood as Tax Administrator and divided the amount equally among the two other assessors to fund reallocation of the workload in the Assessors Office, retroactive to January 1, 2021
Credits
$65,000 received from the Shelter Island Ambulance Foundation, Inc. to the Ambulance Equipment Capital Reserve Fund
Payments
- $5,000 from the 2021 A1620.476 computer services account to East End Computers, 26 Hill Street #265, Southampton, New York 11968, for the EEC off-site backup annual subscription for the EEC file and folder backup for the period January 1, 2021 through December 31, 2021
- $5,760 from the 2021 A1620.476 computer services account to East End Computers, 26 Hill Street #265, Southampton, New York 11968, for the EEC backup monitoring service for disaster recovery for the period January 1, 2021 through December 31, 2021
- $504.68 from the 2021 A3120.491 Police Department service contracts account to Carr Business Systems, P. O. Box 936715, Atlanta, Georgia 31193-6715 for the annual maintenance contract for the period January 24, 2021 through January 23, 2022, for the copy machine in the Police Department
- $330 from the 2021 A1355.491 Assessors’ service contracts account to Apex Software, P. O. Box 100145, San Antonio, Texas 78201-1445, for the annual sketching software service for the period February 1, 2021 through February 1, 2022
- $850 from the 2021 A1330.476 Receiver of Taxes software account to Edmunds GovTech, Inc., 661 Plank Road, Clifton Park, NY 12065 for the annual software support, maintenance fee for the period February 1, 2021 through January 31, 2022
- $48,147.00 from the A9025.800 LOSAP account to Glens Falls National Bank and Trust Company, c/o Penflex Actuarial Services, LLC, 50 Century Hill Drive, Suite 3, Latham, New York 12110 for the 2019 audit of the Penflex Service Award Program for the EMS Department
Transfers
- $2,045 from the A3120.200 Police Department equipment account to the A3120.400 Police Department maintenance account
- $106 from the A3120.400 Police Department maintenance account to the A3120.484 Police Department office and miscellaneous account
- $342.99 from the A3510.422 Animal Control corn account to the A3510.484 Animal Control office and miscellaneous account
Claims
The board approved for payment:
- 2020 general claims numbered 2143 through 2198 in the amount of $80,324.92
- 2020 highway claims numbered 276 through 290 in the amount of $29,903.25
- 2021 general claims numbered 25 through 92 in the amount of $45,134.15
- 2021 Community Preservation Fund claim number 1 in the amount of $11.30
- 2021 highway claims numbered 4 through 6 in the amount of $3,239.44
- 2021 West Neck Water claim number 1 in the amount of $55.00
Local Law: Boats on Town Property
After a public hearing ,the Town Board adopted Local Law No. 1 — 2021 entitled BOATS ON TOWN PROPERTY, to wit:
SECTION 1. Repeal Section 40-5, Section C entitled Boats on Town Property and replace same with the following Section 40-5 of the Town Code, as follows:
40-5.1 – Storage of Boats on Town Property
A. Any Shelter Island resident may utilize and/or store a non-powered boat in designated storage areas on Town property between April 1 and November 30 of each calendar year provided that:
1. The boat is not longer that eighteen (18) feet and not wider that eight (8) feet.
2. The boat is firmly anchored or secured.
3. The boat display current registration numbers, if applicable; and
4. The boat properly displays a valid Boat Storage on Town Property permit sticker;
B. The Town shall issue a Boat Storage on Town Property sticker on a space available basis to any resident of the Town of Shelter Island.
C. Fees for registration based upon the size of the boat shall be determined by Town Board resolution.
D. The license shall be valid for a single calendar year.
E. By resolution, the Town Board shall determine the total number of permits that may be issued Island wide or at any particular location.
F. The Bay Constable shall determine the number of boats that may be stored in any designated storage area.
G. Boat trailers shall not be parked on Town property for more than 24 consecutive hours and shall not block access to any ramp or other public access to the water.
H. Any boat or trailer left on Town property between December 1 and March 31 of any year or that that does not otherwise comply with the provisions of this section may be removed and impounded by the Town without prior notice. Ownership of boats unclaimed after such period shall vest in the Town, which may sell the property at public auction to recover removal and storage costs.
SECTION 2. This Local Law shall take effect immediately upon filing with the Secretary of State.
Local Law: Abandoned Vehicles
After a public hearing, the Town Board adopted a Local Law No. 2 — 2021 entitled ABANDONED VEHICLES:
SECTION 1. Chapter 124. Vehicles, Abandoned, Article I. Snow Emergencies is hereby amended as follows:
§124-1. Definitions is renumbered as § 124-2. Definitions
§124- 2. Removal. is renumbered as § 124-6. Removal.
§124-3. Storage; redemption upon payment. is renumbered as §124- 7. Storage; redemption upon payment.
§124-4. Notification to Clerk and owner. § 124-8. Notification.
SECTION 2. The following is hereby added to Chapter 124. Vehicles, Abandoned, Article I. Snow Emergencies:
§124-1. Findings; purpose.
The Town Board of the Town of Shelter Island does hereby find that there exists a threat to public safety any time that snow, freezing rain, sleet, or ice is permitted to accumulate on Town highways and roadways. The parking or abandonment of vehicles along the highways and roadways during snow and other winter-weather-related events prohibits and/or restricts the Town’s ability to remediate the hazardous conditions on the highways and impedes the ability of fire, police, and ambulance vehicles and personnel to provide necessary services to Town residents. For the above reasons, the Town Board of the Town of Shelter Island finds it necessary to enact legislation prohibiting parking and standing of vehicles on Town highways and roadways in anticipation of and during major snow or winter weather events and such other restrictions related to highway safety during snow and other related winter weather events, including travel ban for non-emergency vehicles and/or temporary closure of highways/roads. Pursuant to and consistent with Executive Law §24, a snow or winter storm emergency declaration and local emergency proclamations shall be made by the Supervisor or his/her designee. Such declaration when weather conditions are forecasted or exist such that the accumulation of snow, freezing rain, sleet, or ice on any roadway will imperil the public safety, render vehicle travel potentially hazardous and necessitate snow removal operation or such other remediation efforts to address a winter storm by the Town.
SECTION 3. That Chapter 124. Vehicles, Abandoned, Article I. Snow Emergencies is hereby amended by adding the following:
§124-3. Declaration of snow or winter storm emergency.
A. The Town Supervisor or his or her designee shall declare a snow emergency or winter storm emergency in a signed written notice to the Town Clerk or Deputy Town Clerk. Said notice shall become effective immediately after signing and shall indicate the date and exact time of the declaration. The Chief of Police and Superintendent of Highways shall be notified immediately following a snow or winter storm emergency declaration. In addition to and during the declaration of snow or winter storm emergency, the Supervisor or his/her designee may promulgate local emergency orders to protect life and property or bring emergency situation under control.
B. The Supervisor or his/her designee shall notify at least one local media immediately following a snow or winter storm emergency declaration and local emergency orders, and the Supervisor or his/her designee may cause same to be posted on the Town’s official website and/or social media platforms.
C. The snow or winter storm emergency declaration and local emergency orders shall be in effect until such time as a snow or winter storm emergency and/or local emergency order termination has been received by the Town Clerk or Deputy Town Clerk.
§124-4. Parking prohibited during snow emergency.
No parking is permitted on either side of any roadway during a snow or winter storm emergency declaration.
§124-5. Road closure.
The declaration of a snow or winter storm or local emergency orders may designate and declare certain highways and roads closed such that vehicular travel is prohibited during the snow or winter storm emergency or for such other period of time recited in the declaration of snow or winter emergency or local emergency orders. The only vehicles allowed on the highways and roads declared closed are emergency vehicles (police and designated police tow vehicles, fire, ambulance), highway department vehicles and other essential public service vehicles.
§124-9. Snow emergency termination/rescission of local emergency order.
A. The termination of a snow or winter storm emergency and/or rescission of local emergency orders shall be declared by the Supervisor or his/her designee. Such termination or rescission shall be made at the discretion of the Supervisor when snow removal operations or such other required remediation efforts have been completed to the satisfaction of the Supervisor.
B. The Supervisor or his/her designee shall declare a snow or winter storm termination emergency or rescission of local emergency orders in a signed written notice to the Town Clerk or Deputy Town Clerk. Said notice shall become effective immediately upon receipt and shall include the date and exact time of the snow emergency termination or rescission of local emergency orders. The Chief of Police and Superintendent of Highways shall be notified immediately following a snow or winter storm emergency termination or rescission of local emergency orders.
C. The recission of a snow or winter storm emergency shall be published on the Town’s web site.
D. The snow or winter storm emergency termination or rescission of local emergency orders related thereto shall nullify any provisions or conditions resulting from a snow or winter storm emergency declaration or local emergency order, as the case may be, as provided for in this article.
§124-10. Penalties for offenses; removal of vehicles in violation.
A. Any person, association, firm or corporation, owner or occupant who or which violates §§124-4 or 124-5 shall be guilty of a violation punishable by a fine of not less than $250. Each day the violation continues shall constitute a separate additional violation.
B. Any vehicle parked on any highway within the Town of Shelter Island during a snow or winter storm emergency as set forth in §124-4 shall be deemed to affect the ability of the Town to remediate hazardous roadway conditions or create a hazardous condition and/or impede or potentially impede the ability of fire, police, highway and ambulance vehicles and personnel to provide necessary services to Town residents on that portion of the public highway on which said vehicle is parked such that said vehicle may be removed by the Shelter Island Town Police or other personnel so authorized by the Town Board and all procedures set forth in §§124-6, 124-7 and 124-8, including payment of all fees related to storage and removal, shall apply to vehicles removed from the highway pursuant to this provision.
C. Any vehicle traveling on any highway or road within the Town of Shelter Island that has been declared temporarily closed pursuant to a declaration of a snow or winter storm emergency and/or local emergency order related to such snow or winter event as set forth in §124-5 be deemed to affect the ability of the Town to remediate hazardous roadway conditions or create a hazardous condition and/or impede or potentially impede the ability of fire, police, highway and ambulance vehicles and personnel to provide necessary services to Town residents on that highway or road or portion thereof on which said vehicle traveled such that said vehicle may be removed by the Shelter Island Town Police or other personnel so authorized by the Town Board and all procedures set forth in §§124-6, 124-7 and 124-8,, including payment of all fees related to storage and removal, shall apply to vehicles removed from the highway pursuant to this provision.
SECTION 4. EFFECTIVE DATE. This Local Law shall become effective immediately upon filing with the Secretary of State.
