Town Board: January 15 meeting notes

Pick up re-useable cotton bags and help keep Shelter Island green! The Town Board approved the sale price of $5 each (including sales tax) at its January 15 meeting. Buy yours from the Town Clerk's office.

Now you can bring along re-useable cotton shopping bags and declare your support for the work of the Shelter Island Green Options Committee thanks to a resolution adopted at the Town Board meeting on January 15. The price is $5 each, including sales tax. Pick yours up at the Town Clerk’s office.

The board also accepted a $1,000 donation for the Deer & Tick Committee from Gregory James of Satisfixation LLC, and adjusted the relevant 2021 budget lines accordingly.

It decided to close a public hearing on proposed Site Plan Review regulations and to take up the discussion during a future work session. A new hearing will be scheduled after necessary revisions are made.

The board recessed public hearing on a proposed local law to regulate yard sales, noting that resident Susan Williams had cleaned the yard at her South Midway Road residence, as promised. Concerns about a ‘perpetual’ yard sale taking place there had prompted the board to propose new rules that would limit the duration and time of sales.

The board had tabled the matter following assurances from Williams after a series of heated public debates. In calling to recess the hearing Friday, rather than open it again, Supervisor Gerry Siller said, “Let’s let it rest for a while.”

Other public hearings

The board continued the following hearings, pending additional information:

  • 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)
  • 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)
  • 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
  • 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
  • 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)
  • 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

Future Public Hearings

The board set these public hearings on these new proposals to take place on February 5 (approximate times as noted) for anyone wanting to heard for or against:

Moorings

  • 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); 4:40 PM
  • 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); 4:42 PM
  • 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; 4:44 PM
  • 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); 4:48 PM

Wetlands permits

  • 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; 4:46 PM
  • 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, 4:54 PM

Local laws

  • Boats on Town Property, proposed changes to the Town law, 4:50 PM
  • Abandoned vehicles, proposed changes to the Town law 4:52 PM

(Read the proposed laws at the bottom of this post.)

Appointments

The board made these appointments:

  • Joe Finora, Town Engineer for 2021, to be paid as per the 2021 budget
  • Albert Dickson is reappointed to Contractors License Review Board through March 11, 2024
  • Joseph Denny is reappointed to Community Preservation Fund Advisory Board through February 2, 2024
  • Joshua Potter, DO is appointed as Town Physician for 2021, to be paid $2,000 for his services; Dr. Potter shall consult with the Town regarding public health emergencies and provide the Town with necessary prescription services during any such emergency to ensure the continuity of government and public safety
  • Margaret Anne Larsen is reappointed to Planning Board through December 31, 2025
  • Stephen Lenox is reappointed to Taylor’s Island Preservation and Management Committee through December 13, 2023

Other business

Contracts:

  • Authorize and direct Supervisor to execute a service agreement with East End Computers, LLC, 50 Hill Street, #254, Southampton NY

Payments:

  • $37,800.00 for computer services to East End Computers for annual managed service contract for 2021
  • $39,000 for Shell Beach groin #7 replacement per bid from Crowley Marine Contracting
  • $8,000 for a conditional rebate for Low-Nitrogen Sanitary System to Susan Wasilewski, 47 Peconic Avenue
  • $3,750 for three, two-year SonicWall security suite subscriptions at Highway Department, Ambulance and Justice Court to East End Computers

Transfers:

  • $102 from the A3120.482 Police Department boat gas and oil account, and $139 from the A3120.486 Police Department car gas and oil account to the A3120.483 Police Department telephones account
  • $137 from the A3150.400 Jail miscellaneous account to the A3120.484 Police Department office and miscellaneous account
  • $1,780.02 from the A3510.265 ACO Deer & Tick equipment, and $2,000 from the A3510.422 ACO corn account to the A3510.200 ACO equipment account
  • $5,726 from the A3510.491 ACO four poster maintenance account to the A3510.498 ACO deer reduction management account
  • $750 from the A3510.408 ACO signs, repairs, etc. account to the A3510.200 ACO equipment account, and
  • $856.26 from the A3510.422 ACO corn account to the A3510.484 ACO office and miscellaneous account

Claims audited and approved for payment:

  • 2019 general claims numbered 2163 through 2272 in the amount of $72,203.27
  • 2019 Community Preservation Fund claims numbered 48 through 50 in the amount of $224.29
  • 2019 highway claims numbered 281 through 293 in the amount of $11,117.43
  • 2019 West Neck Water claims numbered 53 through 56 in the amount of $2,101.69
  • 2020 general claims numbered 1 through 68 in the amount of $215,115.84
  • 2020 highway claims numbered 1 through 5 in the amount of $114,682.78
  • 2020 West Neck Water claim number 1 in the amount of $55.00

Proposed Boat Law

SECTION 1.  Repeal Section 40-5, Section C entitled Board 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 than 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.

__________________________________________________________________________

Proposed Abandoned Vehicles Law

SECTION 1.  Chapter 124. Vehicles, AbandonedArticle 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, AbandonedArticle 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 nonemergency 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 2. Chapter 124. Vehicles, AbandonedArticle 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 3.  EFFECTIVE DATE;  This Local Law shall become effective immediately upon filing with the Secretary of State.