HomeMy WebLinkAboutPump-Out Vessel Incentive Program
COUNTY OF SUFFOLK
f)
STEVE lEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES
DAVID G. GRAHAM, M.D., M.P.H.
Acting Commissioner
January 10, 2007
Attn: Scott A. Russell
Town of Southold
Board of Town Trustees
P.O. Box 1179
53095 Main Road
Southold, NY 11971-0959
DECEIVE~
JAN 1 2 2007 \!lJ
Re: Pump-Out Vessel Incentive Program
HSV # 525-8229-5100-00-00006
Term: 09/01/06-12/31/11
SUPElMSOR'S omc:E
10Wll OF SOUTHOLD
Dear Provider,
Enclosed for your records is a fully executed agreement with the Suffolk County Department of
Health Services. Pursuant to this agreement, services are now authorized and will be reimbursed, if
applicable, by the department upon receipt of payment documentation. Please refer to Notices and
Contact Persons of your agreement for appropriate contact names and addresses.
If you have any questions concerning this agreement, please feel free to call me at
# (631) 853-3161.
v~
Chris Cad
Contracts Unit
CONTRACTS UNIT
225 Rabro Drive East, Hauppauge, NY 11788 (631) 853-3161 Fax (631) 853-3188
~...
Law Rev. 12/29/04; Law No. 06-HS - a;,?
" Independent Contractor/Pump Out Boat
Town of Southhold
IFMS No. .:2-
Agreement No. 525-8229-5100-00-00006
Health Dept.lssued: 07/07/06
"
~.
Pump-Out Vessel Incentive Program
. .
This Agreement (Agreement) is between the County of Suffolk (County), a municipal corporation
of the State of New York, acting through its duly constituted Department of Health Services (Department),
located at 225 Rabro Drive East, Hauppauge, NY 11788-4920, and the Town of Southold, Board of Town
Trustees (Contractor), a municipality, having its principal office at 53095 Main Road, P.O. Box 1179,
Southold, New York 11971-0959.
The parties hereto desire to make available to the County the services of the Contractor to provide a
Pump-Out Vessel Incentive Program (Services) pursuant to Resolution Nos. 381-2000 and 756-2001.
Term of Agreement: September 01, 2006 through the period of probable usefulness of such pump-out
vessels as set forth in the New York Local Finance Law.
Total Cost of Agreement: Shall not exceed $23,750.00.
Terms and Conditions: Shall be as set forth in Exhibits A through E.
In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written
below.
Town of South old
-."jJfl J _rT:..... T._..L...." -
C,r"" Cd rt-. \j 1
B, vt~~
Name: 5CA=>++ ,.4. f!..J.A.55e.J(
Title: S Ll,<<,Vi.xr
Federal Tax ID No.: 11-6001939
County of Suffolk
<SJau.Q .~?1
Paul Sabatino II
Chief Deputy County Executive
Date: I ) 5 J ~O(/)
I I
By:
"' Cyo~;Cf, lb-. ~~
66
By:
Date: o----Uo~O b
Approved as to Legality:
Christine Malafi, County Attorney
Recommended:
Division of Environmental Quality
Date:
BY:?/~~
Vito Minei
Director
Date: 7,1/ V.lo u
Page 1 of 9 Pages
Law Rev. 12/29/04; Law No. 06-HS
- Independent Contractor/Pump Out Boat
Town of South hold
IFMS No.
Agreement No. 525-8229-5100-00-00006
Health Dept. Issued: 07/07/06
.
List of Exhibits
Exhibit A
General Terms and Conditions
1. Contractor Responsibilities
2. Inconsistent Provisions
3. Term and Termination
4. Payment and Compensation
5. Notices and Contact Persons
6. Indemnification
7. Insurance
8. Cooperation on Claims
9. No Default
10. Gratuities
11. Contractor'sNendor's Public Disclosure Statement
12. Child Sexual Abuse Reporting Policy
13. Living Wage Law
14. Independent Contractor
15. Certification
16. No Assignment
17. Severability
18. Non-discrimination in Services
19. Non-discrimination Related to Persons with Aids or HIV-Related Medical Conditions
20. Entire Agreement
21. No Oral Changes
Exhibit B
Provision of Services
Exhibit C
Suffolk County Legislative Resolution No. 381-2000, "Amending the 2000 Capital Program and
Budget and Appropriating Funds for the Purchase of Pump..out Vessels for Use by Towns
and Villages Within Suffolk County (CP 8229.510)"
Exhibit D
Suffolk County Legislative Resolution No. 756-2001, "To Modify Procedures for Purchase of
Pump..out Vessels"
Exhibit E
Town of Brookhaven, Office of the Supervisor- "Pump..out Vessels Funding Request"
Application
Page 2 of 9 Pages
Law Rev. 12/29/04; Law No. 06-HS
Independent Contractor/Pump Out Boat
Town of Southhold
IFMS No.
Agreement No. 525-8229-5100-00-00006
Health Dept. Issued: 07/07/06
Exhibit A
General Terms and Conditions
Whereas, Suffolk County Legislative Resolution No. 621-2005, "Amending the 2000 Capital Program and
Budget and Appropriating Funds for the Purchase of Pump Out Vessels for Use by Towns and Villages
within Suffolk County (CP 8229.510)," appropriated $ 100,000.00 in Suffolk County Serial Bonds to be
matched by those Towns and Villages interested in jointly securing pump-out vessels for use in Suffolk
County; and
Whereas, pursuant to Suffolk County Legislative Resolution No. 756-2001, the Department issued a
Request for Applications (RF A) to towns and villages to apply for the purchase of new pump-out vessels,
provided that the town or village commit to provide at least fifty percent (50%) matching funds toward the
purchase of said vessels and to ensure that the vessels conform to certain criteria to be established by the
Department; and
Whereas, the Town of Southold, Board of Town Trustees submitted an RFA to the County on May 01, 2006
which was accepted as eligible for the Program by the County; and
Whereas, the parties wish to enter into an Agreement to provide a Pump-Out Vessel Incentive Program to
the County;
Now, Therefore, the parties agree to the following:
1. Contractor Responsibilities
a. The duties of the Contractor shall be to provide independent contractor services (Services),
as may be necessary to accomplish the work required to be performed under and in
accordance with this Agreement, as more particularly stated in Exhibits B through D of this
Agreement.
b. The Contractor specifically represents and warrants that it has and shall possess, and that, to
the extent applicable, its employees, agents and subcontractors have and shall possess, the
required education, knowledge, experience and character necessary to qualify them
individually for the particular duties they perfonm and that the Contractor has and shall have,
and, to the extent applicable, its employees, agents and subcontractors have and shall have,
all required authorization(s), registration(s), license(s) or permit(s) required by State, County
or local authorities for the Contract Services (hereinafter called "License").
2. Inconsistent Provisions
The provisions of this Exhibit A shall prevail over inconsistent provisions of any other Exhibit and
over any other document not specifically referred to in this Agreement or made part thereof by this
Agreement or by subsequent amendment in writing and signed by both parties, except to the extent
that such provisions of this Exhibit A are specifically referred to and amended or superseded by such
Exhibit or Amendments.
3. Term and Termination
a. Term
This Agreement shall cover the period provided on the first page thereof, unless sooner
terminated as provided below.
b. Termination for Cause
i. This Agreement may be terminated in whole or in part in writing by the County in the
event of failure by the Contractor to fulfill its obligations under this Agreement;
provided that no such termination shall be effective unless the Contractor is given ten
(10) calendar days' written notice of intent to terminate, delivered personally or by
certified mail, return receipt requested, and an opportunity for consultation with the
County prior to termination.
ii. Failure by the Contractor to fulfill its obligations under this Agreement shall, at a
minimum, entitle the County to damages, which shall be calculated by multiplying the
value of the vessel, on the first date of non-compliance, by the percentage of the
original purchase price which was paid by the County.
Page 3 of 9 Pages
Law Rev. 12/29/04; Law No. 06.HS
. Independent Contractor/Pump Out Boat
Town of Southhold
IFMS No.
Agreement No. 525-8229-5100-00-00006
Health Dept. Issued: 07/07/06
4. Payment and Compensation
a. In retum for the Contractor guaranteeing Services to the County, as set forth in Exhibit B of
this Agreement, the County will be responsible for providing payment for fifty percent (50%) of
the net cost (purchase price of vessel or vessels less any other outside source of funding) to
the Contractor for the purchase of a mobile pump-out vessel, as set forth in Exhibits D and E
of this Agreement.
b. The Contractor shall prepare and present a claim form supplied by the County and approved
for payment by the County (Suffolk County Standard Voucher). The claim form shall be
accompanied by a certified and itemized purchase receipt and a copy of the guarantee of
partial funding in the amount of $23,750.00 as a grant from New York State. Payment by the
County shall be made within thirty (30) days after approval by the Comptroller of the County of
Suffolk.
c. The Contractor agrees to accept, as full and complete payment, an amount not to exceed that
as set forth on page one of this Agreement.
d. The charges payable to the Contractor under this Agreement are exclusive of federal, state
and local taxes, the County being a municipality exempt from payment of such taxes.
5. Notices and Contact Persons
a. Any communication, notice, claim for payment, report or other submission necessary or
required to be made by the parties regarding this Agreement shall be deemed to have been
duly made upon receipt by the County or the Contractor or their designated representative at
the following address or at such other address that may be specified in writing by the parties:
For the County:
Communications Notices Reports, and other Submissions:
Suffolk County Department of Health Services
360 Yaphank Avenue
Yaphank, NY 11980
Att. Division Director as set forth on Page 1 of Agreement
Claims for Payment:
Suffolk County Department of Health Services
225 Rabro Drive East
Hauppauge, NY 11788
Att. Expenditures Unit.
and
For the Contractor: At the address set forth on page one of this Agreement, attention of the
person who executed this Agreement or such other designee as the parties may agree in
writing.
b. Each party shall give prompt written notice to the other party of the appointment of
successor(s) to the designated contact person(s) or his or her designated successor(s).
c. Any communication or notice regarding indemnification, termination or litigation shall be
deemed to have been duly made upon receipt by the parties at the following addresses, or at
such other addresses that may be specified in writing by the parties:
For the County:
Suffolk County Department of Health Services
225 Rabro Drive East
Hauppauge, NY 11788
Att. Commissioner of Health Services
and
Page 4 of 9 Pages
Law Rev. 12/29/04; Law No. 06-Hs
- Independent Contractor/Pump Out Boat
Town of South hold
IFMs No.
Agreement No. 525-8229-5100-00-00006
Health Dept. Issued: 07/07/06
Christine Malafi, County Attorney
Suffolk County Department of Law
H. Lee Dennison Building
100 Veterans Memorial Highway
Hauppauge, New York 11788
and
For the Contractor: At the address set forth on page one of this Agreement, attention
of the person who executed this Agreement or such other designee as the parties
may agree in writing.
6. Indemnification
The Contractor shall indemnify and hold harmless the County, its consultant (if any), employees,
agents and other persons from and against all losses, claims, costs, judgments, liens, encumbrances
and expenses, including reasonable attorneys' fees, arising out of the acts or omissions or
negligence of the Contractor, its agents, employees subcontractors or consultants in connection with
the Services described or referred to in this Agreement.
7. Insurance
a. The Contractor agrees to procure, pay the entire premium for and maintain throughout the
term of this Agreement, insurance in amounts and types specified by the County. The
Contractor agrees to require that all of its subcontractors, in connection with work performed
for the Contractor related to this Agreement, procure, pay the entire premium for and maintain
throughout the term of this Agreement insurance in amounts and types equal to that speCified
by the County for the Contractor. Unless otherwise specified by the County and agreed to by
the Contractor, in writing, such insurance will be as follows:
i. Commercial General Liability insurance, including contractual liability coverage, in
an amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily
injury and Two Million Dollars ($2,000,000.00) per occurrence for property damage.
ii. Automobile Liability Insurance (if any vehicles are used by the Contractor in the
performance of this Agreement) in an amount not less than Five Hundred Thousand
Dollars ($500,000.00) per person, per accident, for bodily injury and not less than One
Hundred Thousand ($100,000.00) for property damage per occurrence; and
iii. Worker's Compensation and Employer's Liability insurance in compliance with all
applicable New York State laws and regulations and Disability Benefits insurance, if
required by law. Contractor shall furnish to the County, prior to its execution of this
Agreement, the documentation required by the State of New York Workers'
Compensation Board of coverage or exemption from coverage pursuant to ~~57 and
220 of the Workers' Compensation Law. In accordance with General Municipal Law
~108, this Agreement shall be void and of no effect unless the Contractor shall
provide and maintain coverage during the term of this Agreement for the benefit of
such employees as are required to be covered by the provisions of the Workers'
Compensation Law.
b. All policies providing such coverage shall be issued by insurance companies with an A.M.
Best rating of A- or better.
c. The Contractor shall furnish to the County Declaration Pages for each such policy of
insurance and upon request, a true and certified original copy of each such policy, evidencing
compliance with the aforesaid insurance requirements. In the case of commercial general
liability insurance, the County of Suffolk shall be named as an additional insured and the
Contractor shall furnish a Declaration Page and endorsement page evidencing the County's
status as an additional insured on said policy.
Page 5 of 9 Pages
. .
Law Rev. 12/29/04; Law No. 06-HS
. Independent Contractor/Pump Out Boat
Town of Southhold
IFMS No.
Agreement No. 525-8229-5100-00-00006
Health Dept. Issued: 07/07/06
d. All such Declaration Pages, certificates and other evidence of insurance shall provide for the
County of Suffolk to be notified in writing thirty (30) days prior to any cancellation, nonrenewal
or material change in said policies. Such Declaration Pages, certificates, policies and other
evidence of insurance and notices shall be mailed to the Department at its address set forth
in the paragraph entitled "Notices and Contact Persons" or at such other address of which the
County shall have given the Contractor notice in writing.
e. If the Contractor is a town or other municipal corporation and has a self-insurance program
under which it acts as a self-insurer for any of such required coverage, it may provide self-
funded coverage and certificates or other evidence of such self-insurance in lieu of insurance
issued by insurance companies.
8. Cooperation on Claims
Each of the parties hereto agrees to render diligently to the other party, without additional
compensation, any and all cooperation, that may be required to defend the other party, its employees
and designated representatives against any claim, demand or action that may be brought against the
other party, its employees or designated representatives in connection with this Agreement
9. No Default
The Contractor warrants that it is not in arrears to the County upon debt or contract and is not in
default as surety, contractor or otherwise on any obligation to the County.
10. Gratuities
The Contractor represents and warrants that it has not offered or given any gratuity to any official,
employee or agent of Suffolk County or New York State or of any political party, with the purpose or
intent of securing an agreement or securing favorable treatment with respect to the awarding or
amending of an agreement or the making of any determinations with respect to the performance of
an agreement, and that the signer of this Agreement has read and is familiar with the provisions of
Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code).
11. Contractor'sNendor's Public Disclosure Statement
The Contractor represents and warrants that Contractor has filed with the Comptroller of Suffolk
County the verified public disclosure statement required by Suffolk County Administrative Code
Section A5-? and shall file an update of such statement with the said Comptroller on or before the
31st day of January in each year of this Agreement's duration. The Contractor acknowledges that
such filing is a material, contractual and statutory duty and that the failure to file such statement shall
constitute a material breach of this Agreement, for which the County shall be entitled, upon a
determination that such breach has occurred, to damages, in addition to all other legal remedies, of
fifteen percent (15%) of the amount of the Agreement
12. Child Sexual Abuse Reporting Policy
The Contractor agrees to comply with Chapter 577, Article IV, of the Suffolk County Code, entitled
"Child Sexual Abuse Reporting Policy", attached hereto as part of this Agreement and made a part
hereof, as now in effect or amended hereafter or of any other Suffolk County Local Law that may
become applicable during the term of this Agreement with regard to child sexual abuse reporting
policy.
13. Living Wage Law
This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that,
unless specific exemptions apply all employers (as defined) under service contracts and recipients of
County financial assistance, (as defined) shall provide payment of a minimum wage to employees as
set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the
Suffolk County Living Wage Law of the County of Suffolk.
Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate
circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for
violations of this Law.
Page 6 of 9 Pages
Law Rev. 12/29/04; Law No. 06-HS
. Independent Contractor/Pump Out Boat
Town of Southhold
IFMS No.
Agreement No. 525-8229-5100-00-00006
Health Dept.lssued: 07/07/06
14. Independent Contractor
It is expressly agreed that the Contractor's status hereunder is that of an independent contractor.
Neither the Contractor nor any person hired by the Contractor shall be considered employees of the
County for any purpose.
15. Certification
The parties to this Agreement hereby certify that, other than the funds provided in this Agreement
and other valid Agreements with the County, there is no known personal, business, commercial,
professional, economic, or financial relationship between the parties, the signatories to this
Agreement, and any partners, members, directors, or shareholders of five percent (5%) (or more) of
any party to this Agreement.
16. No Assignment
The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of this Agreement, or
any of its right, title or interest therein, or its power to execute this Agreement, or assign all or any
portion of the monies that may be due or become due to the Consultant under the terms of this
Agreement, to any other person or corporation, without the prior consent in writing of the County, and
any attempt to do any of the foregoing without such consent shall be of no effect.
17. Severability
It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any
person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of this
Agreement, or the application of such term or provision to persons or circumstances other than those
as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and
provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law.
18. Non-discrimination in Services
During the perfonmance of this Agreement:
a. The Contractor shall not, on the grounds of race, creed, color, national origin, sex, age,
disability, Vietnam Era Veteran status or marital status:
i. Deny any individual any service(s) or other benefits provided pursuant to this
Agreement;
ii. Provide any service(s) or other benefits to an individual which are different, or are
provided in a different manner, from those provided to others pursuant to this
Agreement;
iii. Subject an individual to segregation or separate treatment in any matter related to the
individual's receipt of any service(s) or other benefits provided pursuant to this
Agreement;
iv. Restrict an individual in any way in the enjoyment of any advantage or privilege
enjoyed by others receiving any service(s) or other benefits provided pursuant to this
Agreement;
v. Treat an individual differently from others in detenmining whether or not the individual
satisfies any eligibility or other requirements or condition which individuals must meet
in order to receive any aid, care, service(s) or other benefits provided pursuant to this
Agreement.
b. The Contractor shall not utilize criteria or methods of administration which have the effect of
subjecting individuals to discrimination because of their race, creed, color, national origin,
sex, age, disability, Vietnam Era Veteran status or marital status, or have the effect of
defeating or substantially impairing accomplishment of the objectives of this Agreement in
respect to individuals of a particular race, creed, color, national origin, sex, age, disability,
Vietnam Era Veteran status or marital status, in determining:
i. The types of service(s) or other benefits to be provided, or
Page 7 of 9 Pages
Law Rev. 12/29/04; Law No. 06-HS
Independent Contractor/Pump Out Boat
Town of South hold
IFMS No.
Agreement No. 525-8229-5100-00-00006
Health Dept.lssued: 07/07/06
ii. The class of individuals to whom, or the situations in which, such service(s) or other
benefits will be provided,
III. The class of individuals to be afforded an opportunity to receive services.
19. Nondiscrimination Related to Persons with Aids or HIV-Related Medical Conditions
The Contractor shall not discriminate in the admission, care, treatment, employment, and
confidentiality of persons with AIDS or HIV-related medical conditions. If the Contractor is found to
have discriminated or to have breached the confidentiality of AIDS-related medical records, he/shelit
will be required to implement remedial plans, including staff education, to prevent future incidents.
The County will terminate this Agreement in cases of repeated violations or refusals to comply.
20. Entire Agreement
It is expressly agreed that this instrument represents the entire agreement of the parties and that all
previous understandings are merged in this Agreement.
21. No Oral Changes
No modification of this Agreement shall be valid unless written in the form of an Addendum or
Amendment signed by both parties.
End of Text for Exhibit A
Page 8 of 9 Pages
Law Rev. 12/29/04; Law No. 06-HS
Independent Contractor/Pump Out Boat
Town of Southhold
IFMS No.
Agreement No. 525-8229-5100-00-00006
Health Dept. Issued: 07/07/06
Exhibit B
Provision of Services
1. Services
The pump-out vessels, procured by the Contractor, shall be operated and maintained by the
Contractor in such a manner as to ensure access thereto by any and all vessels desiring to utilize the
services of such pump-out vessels without regard to the residency of the owner and/or operator of
said vessels.
2. Reports
a. The Contractor shall submit an annual report to the Department for the duration of this
Agreement by the end of each calendar year certifying that all terms and conditions have
been met. This annual report shall include a summary of the following:
(a) number of boats serviced
(b) gallons pumped
(c) operational difficulties
(d) methods of final disposal
(e) strategies for future activities
c. The Contractor shall also submit any additional information to the Department, as may be
requested by the Department from time to time.
End of Text for Exhibit B
Page 9 of 9 Pages
Intro. Res. No. 1358-2000
Introduced by Legislators Levy, Carpenter
\:-XHIBIT I;
Laid on Table 3/28/2000
RESOLUTION No.3 81 -2000, AMENDING THE
200D-.CA~I~RAM AND BUDGET AND
(/--APPROPRIA TING FUNDS.'.FOR. THE PURCHASE
\ OF PUMP OUT VESSELS FOR USE BY TOWNS
'-.-'-AND_VILLA~ES WITHIN SUFFOLK COUNTY (CP
8229.510)
WHEREAS, pleasure boats and other vessels are required to have installed self
contained sanitary systems to prevent overboard discharges of septic waste; and
WHEREAS, shore-side pump out facilities are not readily available at many
anchorage's and marinas to allow for convenient disposal of septic waste; and
WHEREAS, mobile pump out vessels can help to improve the water quality in the
County's bays and estuaries by providing a convenient mechanism for vessels to pump
. out septic waste reducing overboard discharges and enhancing water quality; and
WHEREAS, the County Legislature wishes to establish an incentive program for
towns and villages to purchase pump out vessels in an effort to improve water quality
and diminish the negative effects to humans and marine life caused by pollution; and
WHEREAS, the 2000 Capital Program and Budget does not include any funding
for the purchase of pump out vessels; and
WHEREAS, it is necessarj to amend the 2000 Capital Program and Budget to
include $200,000 in county and local town or village funding for the purchase of pump
out vessels; and
WHEREAS, Resolution No. 571-1998 established a priority ranking system for
funding capital projects and Resolution 209-2000 strengthened and affirmed the
continued use of the ranking system as the basis for funding capital projects; and
WHEREAS, the County Legislature, by resolution of even date herewith, has
authorized the issuance of $100,000 in Suffolk County Serial Bonds and $100,000 in
local matching funds for the purchase of pump out vessels, now, therefore be it
RESOLVED, that it is hereby determined that this project receive a priority
ranking of 62 in accordance with the provisions of Resolution 571-1998; and, be it further
RESOLVED, that the 2000 Capital Program and Budget be and they are hereby
amended as follows:
Proiect No. 1736
Proiect Title: Improvements to Exterior Lighting
Cost Elements Total Estimated Current 2000 Revised 2000
Cost Capital Program Capital Program
and Budget and Budget
3. Construction $400,000 $200,000 B $100,000 B
6. Total $440,000 $240,000 $140,000
Proiect No. 8229
Proiect Title: Purchase of Pump Out Vessels
Cost Elements Total Estimated Current 2000 Revised 2000
Cost Capital Program Capital Program
and Budget and Budget
5. Furniture & $200,000 $0 $100,000 B
Equipment $100,000 L
6. Total . $200,000 $0 $200,000
and, be it further .
RESOLVED, that the proceeds of $100,000 in Suffolk County Serial Bonds and
$100,000 in local assistance funding be and they hereby are appropriated as follows:
Proiect No.
525-CAP-CAP-82031
Ref.No.525-8229.510
Proiect Title
Purchase of Pump Out Vessels
Amount
$200,000
and, be it further
RESOLVED, that the Suffolk County Department of Health Services Division of
Environmental Health shall be responsible for purchasing pump out vessels for use
within Suffolk County provided that at least 50% matching funds are provided by local
towns and! or villages for the purchase of these vessels. Said local jurisdictions shall be
responsible for operating and maintaining these vessels.
DATED: HAY 0 9 2000
APPROVED BY:
r:O~^
County Executive of suffoikCounty
Date of Approval: ..s \ ~ \ to
Si it:fuLK CUUNTY
Thi.. i.. fn ..."'....fir.. tl...11 ,rrl.ln\11 [') A nTnl" ITl 1""1_.1, .....).,~
............. ..........) ......., IlL..l'll\.l L.. UI"\.I\.lVl', Jl\., ......1..."'......."..
County Legislature of the County of Suffolk, have compared th~ foregoing
copy orresotution with the original resolution now on Eile in lhisoffice, and
which was duly adopted by the County Legislature of said County On
Nay 9. 2000. aod that the saroe is a true and correcl transcript
of said resolution and of the whole thereof.
IN WITNESS WHEREOF, I have hereunto set my band and the
offici.l seal of the County Le islature of the County of Sufli
I' .-
. .
Intro Res. No 1596-2001
Introduced by Legislator Carpenter
EXHIBIT 0
Laid on Table 6/26/2001
RESOLUTION
PROCEDURES
VESSELS
NO.
FOR
756 2001,
PURCHASE
TO MODIFY
OF PUMP-OUT
WHEREAS, Resolution 381-2000, "Amending the 2000 Capital Program and
Budget and Appropriating Funds for the Purchase of Pump Out Vessels for Use by Towns and
Villages within Suffolk County (CP 8229.510)," appropriated $100,000.00 in Suffolk County
Serial Bonds to be matched by those Towns and Villages interested in jointly securing pump-out
vessels for use in Suffolk County; and
WHEREAS, local jurisdictions are now willing to provide the matching funds and
make the purchases; now, therefore be it
1st RESOLVED, that the last RESOLVED clause of Resolution No. 381-2000 is
hereby amended 10 read as follows:
4th RESOLVED, that the Suffolk County Department of Health Services
Division of Environmental Health shall [be responsible for purchasing pump out
vessels for use within Suffolk County provided that at least 50% matching funds
are provided by local towns and/ or villages for the purchase of these vessels]
issue a request for applications (RFA) to towns and villages for new pump-oul
vessels and then review the applications submitted in response to the RFA 10
ensure quality control for the requested pump-out boats, in conformity wilh
criteria to be established by the Commissioner of the County Department of
Health Services. The County Department of Health Services shall reimburse
those towns and/or villages whose applications have been accepted by the
County Department of Health Services and which submit a certified resolution 10
the County of Suffolk committing to payment of at least 50 per cent of the cost of
the purchase of such vessels as shall confomn to the above described criteria.
Funds shall be allocated in the order in which the towns or villages comply wilh
the eligibility requirements of this Resolution. Said local jurisdictions shall be
responsible for operating and maintaining these vessels.
2nd RESOLVED, that the following 5th and 6th RESOLVED clauses shall be added
to Resolution No. 381-2000:
5th RESOLVED, that pump-out vessels purchased pursuant to this
Resolution shall be operated and maintained in such a manner as to ensure
access. thereto by any and all vessels desiring to utilize the services of such
pump-out vessels without regard to the residency of the owner and/or operator of
said vessel; and be it further
6th RESOLVED, that the County shall enter into, and the County
Executive is hereby authorized to execute, an agreement with the relevant town
and/or village for a term of years not less than the period of probable usefulness
of such pump-out vessels as set forth in the NEW YORK LOCAL FINANCE LAW
for the purpose of operating and maintaining such pump-out vessels in
accordance with the terms and conditions of this Resolution, and containing such
other terms and conditions as are acceptable to the Suffolk County Department
of Health Services and the Suffolk County Attorney
and be it further
3rd RESOLVED, that all other terms and conditions of Resolution No. 381-2000
shall remain in full force and effect; and be it further
4th RESOLVED, that this Legislature, being the State Environmental Quality Review
Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type \I
action pursuant to Section 617.5(c)(20), and (27) of Title 6 of the NEW YORK CODE OF
RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the
NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations,
rules, policies, procedures, and legislative decisions in connection with continuing agency
administration,. management and information collection, and the Suffolk County Council on
Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of
determination of non-applicability or non-significance in accordance with this resolution.
[] Brackets denote deletion of existing language.
_ Underlining denotes addition of new language.
DATED: August 28,2001
"'
:~~~~
County Executive of Suffolk County
Date of Approval: q \ b \. 'C') \
This is to certify that I, HENRY L BARTON, JR., Clerk of the
County Legislature of the County of Suffolk, have compared tll~ foregoing
copy ohesolution with the original resolution now on file in this office and
which was duly adopted by the County Legislature of said CoUJJ~ on
Augus t 28, 2001, and tl,at the same is a true and correct ttanscript
of said lesolution and of the whole thereof.
IN WITNESS WHEREOF, I bave hereunto set my hand and the
official seal of the County te islalure of the County of Sufli
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
EXHIBIT E
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
PUMPOUT BOAT FUNDING REQUEST
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
Executive summary-
The Town of Southold wishes to submit a grant application to assist with the
establishment of a pump-out boat program. The Town does not currently own, operate or
sponsor a marine pump-out program. There are only two commercial marinas in the
waters which are within Town jurisdiction who maintain pump-out facilities, and both of
them are for a fee, one charging $5 per pump-out and the second charging $15 per pump-
out. The Village of Greenport does have a marina that operates a pump-out boat, but its
service area is limited to Greenport Harbor and Sterling Harbor.
Our vision is to purchase a new boat built specifically for the purpose of providing pump-
out services to recreational boaters operating in our bays between Orient Point and
Mattituck. Research has been done resulting in our identification of Marine Boatbuilders
Company as a sole source provider of these vessels. References have been obtained from
the Village of GreenpOli, Southampton Town and East Hampton Town who have all
purchased pump-out vessels from Marine Boatbuilders Company. All three
municipalities provided very positive recommendations on behalf of this company, and
further recommended the purchase oftheir 23-foot model. This model includes a 400-
gallon waste storage tank. We have received an estimated cost for the purchase of their
23-foot model, powered by a 200 HP outboard engine, with a total "turn key" cost of
$80,000. A copy of the specs for this vessel is attached. An annual operational budget
totaling approximately $20,000 is also attached.
Our plan is to have the boat operated on weekends and holidays, for the period of
approximately May I - October 30. The boat will be expected to make regular patrols of
the waters inclusive of the Peconic Bays and that part of Gardiners Bay located in
proximity to Southold Town, paying particular attention to popular anchorage areas,
which include environmentally sensitive coves and estuaries. The service will be offered
free of charge. The boat will be docked in Cutchogue Harbor Marina, located in
Wickham Creek located in Cutchogue. The effluent will be pumped out of the boat at
its dock, and taken to an off-site waste disposal location by a private vendor. It has been
estimated that there are over 1000 boats docked at the commercial marinas located in the
Town of South old. In addition, many individual property owners dock their boats in
front of their properties, and over 500 recreational vessels are moored at private moorings
in the bays.
Clearly, it is our responsibility to support all efforts possible to protect our bays,
estuaries, creeks and wetlands from the effluents contained in boat waste. Clearly the
pollution caused by the dumping ofraw waste is detrimental to marine organisms and
could result in the closing of our critical shellfish beds. The Peconic Estuary progranl has
designated the Peconic Bays as "no discharge zones". The Town of Southold has
committed to work in cooperation with the SP AT program along with other agencies to
maintain clean waters, which will facilitate the retum of a healthy and vibrant shell fishing
industry. There can be no doubt that a pump-out program will support our goal of
assisting in everyone's efforts to improve water quality in our bays, creeks and wetlands.
We request your serious consideration of our request to provide SCDHS grant funds to
support this program. The residents of our town have demanded that we do everything
possible to hold the line on tax increases. We have applied to New York State for grant
monies to support this important program, and anticipate a positive response from tl1e
State. Greenport, Southampton and East Hampton all stated iliat they received assistance
from both NY State and SCDHS to support their programs. We hope that you will
support our initiative.
Response to Application Questions
1. Areas to be serviced include the bays, creeks and mooring areas beginning at the
south side of Orient Point, and continuing West to the SoutholdlRiverhead Town
line, which is located at the westem edge of Matti tuck. This area is marked on the
attached chart, north of the blue line, excluding the Village of Green port.
Location of the permanent pump-out boat dock is marked on the attached
Hagstrom map.
2. There are currently two commercial marinas, which have pump-out facilities in
this area, not including Greenport Harbor and Sterling Creek, which are serviced
by a single pump-out vessel. There are over 2000 recreational boats (approximate
counts) either docked or moored within Town waters and several hundred
transients.
3. The Peconic Bays have been designated as "no discharge zones" by the Peconic
Estuary Program. There is a serious effort to rebuild our shellfishing industry
through the Comell Cooperative Extension SPAT program. This requires our
taking all means possible to maintain clean waters. The Pumpout boat will
provide a place for boaters to comply with the zero discharge into the bay. By the
Town acquiring a pump out boat Southold is helping to carry out Action P-6,
"Provide Pumpout Facilitics and Encourage Their Use" ofthe Peconic Estuary
Comprehensive Conservation and Management Plan. The operation of a Pumpout
Boat will also help carry out the policies of the LWRP (Local Waterfront
Revitalization Plan) and the Town of Southold Mooring Management Plan (see
attached).
4. An operational budget is attached. We anticipate marketing this program via the
print media, letters sent to marinas and through educational programs provided to
local schools. It will also be included in our current brochures related to Trustee
matters. These are available in the Town Hall and are printed in the Suffolk
Times.
5. An annual report will be produced at the close of each boating season. The report
will include the number of boats serviced, the approximate total gallons of
effluent pumped, actual costs and an annual review of the program to address our
season, specific areas of high need, daily times of operation, etc. The persormel
hired to operate this boat will report to the Town Trustees. The Town Trustees
will be responsible for the administration, supervision and evaluation of the
program.
6. Attached are technical specifications of the pump out vessel. This is the same
company as the Greenport boat and it has been successful for them for the 3 years
of use.
7. Attached are ajob description for the personnel needed for operation of the boat,
and a civil service job description for Boat Operator.
Southold Town Pump-Out Boat
Projected Operational Budget
Budl!et Item 2006 2007 2008
Staffing
45 days@$IOphour 3600
60 days@ $ll1ph 5280
60 days@$12ph 5760
Fuel 2500 3000 3500
Waste
20 po@$250p 5000
27 po@$270 7290
27po@$290 7830
Maintenance (**) 250 600 700
Winterizing (**) 600 650 700
Dockage (**) 2,300 2,875 3,450
Uniforms 300 330 370
Equipment 3000 500 500
Insurance 4215 4300 4400
Miscel 250 300 350
Sub-total 22,015 25,125 27,560
(** in kind contributions) (3150) (4125) (4850)
Total 18,865 21,000 22,710
The Trustees agree that the budget submitted for consideration by the Town Board
include the in-kind contributions, hence reflecting a realistic budget. This is reflected in
the sub-total. The total reflects the back-out ofthe in kind contributions.
The staffing amount reflects an initial season of June I - October 15, 2006, reflecting a
proposed starting date taking into consideration the lead time for Town approval time,
for the delivery of the boat and the hiring of a person. Subsequent year seasons will start
the first weekend of May.
Marine Boat Builders CO.
po BOX 7826
WARWICK RI 02887
Telephone: 401-732-1975
FAX: 401-732-4528
E-Mail: lalllag@aol.colII
JJ'eb site: wlVw.pulllpoutbonts.com
Pumpout Boat Bid Specifications 23'
INTENT:
It is the intent of these specifications to describe a Pumpout vessel to be used in the
pumping out of waste from other vessels and to transport such waste to a proper
disposalfacility. The Pumpout boat must meet standards for this type of vessel , and
bidder must be able to attach a safety Coast Guard label to each boat.
BIDDERS QUALIFICATIONS:
Bidder must have a minimum of 35 Pumpout boats sold, delivered, accepted, and been
paidfor to the bidder by the customer. Bidder must have been in the business of
delivering finished and complete Pumpout boats, and be able to show purchase orders
and proof of delivery with contact names and phone numbers for each boat. Pictures
of the boat must be supplied with bid. Pictures must show full side view. full inside
view. full too view. and full bottom view. If oictures are not provided bid will be
reiected.
MAKE:
Marine Boatbuilders CO. Pump Kleen, YEAR 2006
WARRANTY:
5 year structural hull warranty as long as the boat is usedfor marine waste only. 5 year
on containment celL .
DIMENSIONS:
Overall Length:
Beam:
Draft:
Weight:
23' not including added platforms, or pulpits.
8'9" withoutfender system, or rub rail
16" lightship
22" Full load 420 gallons of waste
10 degrees
12 degrees
Fiberglass 1" Coosa Composite 2" total 3" thick
25"
Must be Coast Guard approvedfor maximum of250HP
single outboard engine, or (2) 150 HP outboard engines.
3000 pounds (lightship)
Dead Rise:
Transom angle:
Transom:
Transom height:
Horse Power:
MARINE BOATBUlLDERS CO. PUMPOUT BOAT page, 2
MODIFIED V HULL DESIGN:
The hull shall be a modified V hull with a concave bottom, /lot convex. Hull shall meet
the above specifications listed under SPECIFICA TlONS. The hull shall be constructed
of hand laid woven, roving, and gun roving. All flherglass is to be "E" glass and resin
thermo set polyester. The gelcoat is to be ISO NPG thermo set gelcoat. The transom
shall he a composite laminate. There is to be NO IVood in the transom, or
stringer system. There shall be NO Wood in the entire boat.
CONTAINMENT CELL:
Afiberglass 420-gallon holding tank shall be built into the hulL The containment cell
shall to be built completely below the water line. No part or parts of the holding shall
be above the floor. The containment shall have five baffles, 4 layers offiberglass that
include 4 layers of 24 oz. Cloth. The Edson pump that runs the sewage tank shall be
located completely under the center console, including all plumbing and vents. This
shall allow the bow of the boat to have NO trip hazards and much more needed
working space. You must summit a siened letter from a certified Navel Enllineer on the
caoacitv of the holdine tank. Holding tank must have a plunger type alarm that sounds
when tank is full Switch and sound alarm to me mounted on center console
PUMP FOR CONTAINMENT CELL:
The pump shall be locateil under the center console; This includes all plumbing and
vents the pump shall be Edson electric diaphragm pump # 278EB40. The vent must be
located on outside of the starboard hull. The switch that runs the pump shall be located
on the center console, and shall be a minimum of 75 amps, and be waterproof.
DECK: Floor:
Thefloor must be compostfiberglass. There shall be NO WOOD in the floor.
Deck shall befreefrom any trip hazards. This shall include the lip of any containment
Cell, any pumps, or plumbing including vents. Deck must contain two (2) stowage
areas in the stern, and one under the seat. The seat stowage must have a cushion
attached to be used as a leaning post, or a seat, and must contain lockable doors, with
adjustable shelves. There must be three stowage areas in the bow, one each on the
starboard, and port side, with matching doors. There must also be another stowage
area between the floor and deck directly in the bow with a matching door. All stowage
. areas and the components that make up the stowage areas must be fiberglass. No
wood components will be accepted. The deck shall be self-bailing with tank
empty,orfull The deck shall have afreeboard of 46"in the bow, and 29" in the stern.
The deck shall be constructed of a combination of hand laid woven, roving, and gun
roving. Fiberglass "En glass and the resin shall be thermostat gelcoat (white). Deck
shall
. '~ .' ,
~ ,
MARINE BOA TB UlLDERS CO. PUMPOUT BOA T page, 3
Include a large splash wellfor the molar, and the backing up into seas to keep the
waler off the floor. There shall be NO WOOD in the deck. Deck shall also include S/S
one pup up cleat 10". pop up chalks. and fJOfJ up run"in/! li!!hls in the bow. Four
ref!ular 10" S/S cleats also included 011 deck.
FOAM FLOTATION:
Two-part thermostatfoam shall be injected between the floor and hull in areas not
occupied by tankage and other equipme"t.
CENTER CONSOLE WITH T-TOP
The center console shall be large enough to house the entire containment pump,
including oil plumbing and vents. Console shall have a compass and a 7-panel circuit
breaker. The T-Top shall have ajiberglass hard top. It shall be 90" tall 77" long/rom
bow to aft, and 57" wide from starboard to port. It shall contain an oIuminum painted
electronic box with a Plexiglas lockable door. A fabricated tube shall run from the
electronic box to the top of the center console that will allow all wires to run through
and be concealed.
FUEL TANK:
The fuel tank shall be 50 gallons, and niountediinder the floor. No tank mounted
on the floor or deck will be accepted.
FENDER SYSTEM:
A complete all rouild fender system using 6 "xI5" Polly fenders. Secured by 3/16"
stainless coaled lifeline, attached to the hull using stainless steel 5/16" U clamps.
ACCESSORIES:
One (1) raw water wash down, with 25' hose.
All wires from motor to center console through a 4" PVC pipe under the center
console. The PVC pipe shall have a transom drain on the outside of the transom so it
may be drai"edfor winter storage, and, or ordinary maintenance.
A 1500gpm automatic bilge pump shall be installed in the hull at the stern with 02"
through hole to the starboard side of the hulL-
Boat shall have a coast guard approved safety package.
Boat shall have 2 two, 3" stainless steel bow eye and to transom tie downs.
5 ' .,
. !it
MARINE BOATBUILDERS CO. PUMPOUT BOA Tpage, 4
Boat shall have seven (10) inch cleats aft, and midship, and one ten (10") cleat in the
bow. The bow shall also contain two chalks and running lights. All cleats chalks, and
running lights in the bow shall be SIS pop ups.
Boat shall be bollom painted with black bottom paint.
Boat shall have full coast guard packoge.
Boat shall include a compass, mounted on center console.
STEERING:
Steering shall be Teleflex Sea Star hydraulic, and include a 15" stainless steel steering
wheeL
Engine: 200 HP Four Stroke
Warranty:
5 years on hull
5 years on containmeniceIl
As long as the boat is used as a Pumpout, boat.
...P....w.~w~~~w~~~~~~~~~~~~~~~~~~~~~~~~~._--
MARINE BOATBUILDERS CO.
PUMP - KLEEN0
PUMPOUT BOATS
23wXsw9"
Tel:401-732-1975. www.pumpoutboats.com Email:lamag@aol.com
,~:2:0 gallon holding tank comes with a Naval Architect/Engineer holding tank capacity certification.
1 . .. I "11~"'''''''''.: '" .
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. .
Southold Town Pump-out Boat Operator
Position Description
General Duties
The pump-out boat operator is expected to operate a vessel in a safe and responsible
matter within the geographical boundaries of the bays adj acent to the Town of Southold,
providing a service of pumping out waste from the holding tanks of recreational boats.
Days of operation include weekends and holidays during established hours. Supervision
through direct observations, reports and conferences is received from the Southold Town
Board of Trustees.
Duties and Responsibilities
70% -Operates Town vessel within the geographical boundaries of the bays contained
within Southold Town jurisdiction, providing service of pumping out waste from the
holding tanks of recreational vessels. .
5% -Inspects and maintains the vessel in good operational and clean condition, reporting
any problems or repairs required within one business day. .
20% -Check moorings located in Town waters for registration numbers, submitting
reports pertaining to mooring registrations to the Trustee Office.
5%- Cleans vessel
Performance Knowledl!e's, Skills, Abilities and Personal Characteristics
-Ability to operate vessels equipped with outboard engines, ranging in sizes under 30 feet
to include, but not be limited to docking, rafting to other vessels, operating in congested
small bodies of waters and operating at high speeds in large, open bodies of waters.
-Knowledge of the bays, creeks, mooring and anchoring areas in Southold Town.
-Knowledge of GPS navigation to include the ability to plot courses, determine
navigational points, waypoints and the ability to read and interpret information related to
depth, location and direction.
-Requires lifting of equipment up to 50 pounds.
-A general mechanical aptitude required to operate liquid pumps, make minor engine
repairs and do minor vessel maintenance.
.'
Minimum Qnalifications
-High School Graduate
-Graduate ofa power squadron or Coast Guard safe boating course.
-Knowledge of the channels, marinas, mooring fields and anchorage areas in Southold
Town bays.
Snpervison Received
The Operator will report to the Town Trustees. Perfonnance will be reviewed on a
monthly basis by designated Town Tmstee.
. ,
BOAT OPERATOR
7?::l1
DISTINGUISHING FEATURES OF THE CLASS
Under general supervision, an employee in this class performs skilled work in the operation of a large
and complex inboard motorboat Depending on assignment, the boat may be used for: collecting
water, sediment, shellfish and finfish samples in marine waters of Suffolk County, including near shore
Atlantic Ocean; spraying and fogging mosquito insecticides over coastal marshland areas; transporting
workers engaged in maintenance andlor mosquito control work on off-shore islands; tending and towing
dredge and dredge equipment The employee is expected to assist in carrying out the designated work
objectives, and is responsible for repair and maintenance of the boat and engine and of other smaller
boats and motors used by the department Assignments frequently require the operation of various
types of automotive equipment and light trucks. Assignments are received through an administrative
supervisor who reviews the work through oral and written reports. Does related work as required.
TYPICAL WORK ACTIVITIES
Operates a large and complex inboard motorboat and attached equipment;
Assists in carrying out the designated work objectives;
Operates smaller outboard-powered boats in collecting samples from marine waters;
Repairs and maintains the boat and diesel engine and smaller boats, motors and boat trailers;
Operates light trucks and boat trailers and other automotive equipment as necessary;
Maintains daily time records and boat operating logs;
Prepares and submits weekly reports of work accomplished.
May occasionally function as crew leader of maintenance personnel.
FULL PERFORMANCE KNOWLEDGES, SKILLS, ABILITIES AND PERSONAL CHARACTERISTICS
Thorough knowledge of the operation, maintenance, adaptabilities, limitations and safety practices to
include United States Coast Guard regulations concerning safety, rules of the road and navigation of
large inboard motor boats; good knowledge of the maintenance and repair methods and techniques
used on large diesel marine engines; working knowledge of maintenance and repair methods and
techniques used on outboard motors; knowledge of Loran C, electronic sonar equipment, GPS, VHF
radio and radar operation; knowledge of local marine waters and processes; skill in the use of hand
tools and painting equipment; skill in the operation and navigation of a large inboard boat in marine
waters, including near-shore ocean; ability to maintain records and to prepare oral and written reports;
physical condition commensurate with the demands of the position.
MINIMUM QUALIFICATIONS
Either:
(a) Possession of a valid Merchant Marine Officer's License issued by the United States Coast
Guard; or,
(b) Completion of eight (8) school grades, and two (2) years of experience in the operation of
large and complex boats.
NECESSARY SPECIAL REQUIREMENTS:
At the time of appointment and throughout employment in this title, employees must possess
any required United States Coast Guard license appropriate to the operation and use of the boat under
command.
At the time of appointment and throughout employment in this title, employees are required to
possess a valid license to operate a motor vehicle in New York State or otherwise demonstrate their
ability to meet the transportation needs of the job.
For positions in vector control, the candidate must possess a commercial pesticide applicator
certification card issued by the New York State Department of Environmental Control at the time of
appointment. This certification must be maintained throughout employment in this title.
R 5/6/98
SUFFOLK COUNTY
Non-competitive
. .
TOWN OF SOUTHOLD MOORING MANAGEMENT PLAN
Introduction
.
The Town of Southold's waterfront encompasses about 160 miles of shoreline
with multiple harbor areas, each with its own set of issues. It is a State
requirement that harbor management plans (HMPs) be developed and
implemented for key harbors as part of an approved Local Waterfront
Revitalization Program.
Pursuant to Chapter 791 of the Laws of 1992, Article 42 of the Waterfront
Revitalization and Coastal Resources Act, the Town of Southold has clear
authority to comprehensively manage harbor and nearshore activities through
the harbor management element of its Local Waterfront Revitalization Program
(LWRP). The intent of a harbor management element is to cover the waterside
issues from the mean high water mark seaward.
This Mooring Management Plan (MMP) is intended to be a component of the
Town's LWRP and, more specifically, its Harbor Management Plans, as they may
apply generally to all creeks and specifically to individual creeks. The MMP is
designed to provide a planning framework for the regulation of temporary and
permanent boat moorings within Town Waters.
Purpose
As the year-round and summer population within South old Town increases, so
will the degree and nature of conflicts between the need for access and the
need to protect the fragile estuarine and creek ecosystems of the Town. The
underlying premise of the Harbor Management component of the LWRP, thus
this mooring management plan, is to accommodate the public desire to access
the water, but to do so in a manner that protects the water resource from
irreparable damage, whether that damage be from overuse or unwise use.
Waterside Boundaries of the MoorinQ ManaQement Plan
The boundary of the Mooring Management Plan is synonymous with that of the
Harbor Management Area defined within the Town's LWRP. It is described here
..____-D.sJoIbws:.
Beginning at a point along the Riverhead-Southo/d Town line, from the Mean High
Water (MHW) mark on Long Island Sound and running in a northwesterly direction
along the Riverhead-Southo/d Town boundary at N 33 degrees, 17 minutes and 00
seconds W for a distance of approximately 94,319.76 feet to the intersection of
the common borders of the Town of Southold, the County of Suffolk and the State
Town of Southold Harbor Management Plan: Mooring Management Component
-1
,
.'
of New York with the State of Connecticut (at N 358,759.71, E 2,339,722.33),
thence running easterly along the aforesaid border between the
Town/County/State with the State of Connecticut for a distance of 176.768.11
feet (at N 84 degrees, 14 minutes 48 seconds E) to a point nearly due north of
Plum Island defined as N 376,480.00 E 2,515,600.00, where it turns northeasterly,
again along the aforesaid border between the Town/County/State with the State
of Connecticut for a distance of 33,860.00 feet at N 58 degrees, 12 minutes and 23
seconds E to a point northerly of Fishers Island at N 394,320.00 and E 2,544,380.00
where it turns easterly along the common border of the Town/County/State with
the State of Connecticut for a distance of 25,403.64 feet at N 73 degrees, 50
minutes and 27 seconds E to a point defined as N40 1,390.00 E2,568,780.00, where
it then turns southeasterly along the common border of the Town/County/State
with the State of Connecticut for a distance of 6,347.36 feet at S 76 degrees, 25
minutes, 25 seconds E to a point where the common boundary of
Town/County/State with the State of Connecticut meets with the boundary of the
State of Rhode Island, which is defined as N 399,900.00 E 2,574,950.00, whereupon
the line turns southerly along the Town/County/State boundary with the State of
Rhode Island for a distance of 11,161.32 feet at S 18 degrees, 2 minutes, 6
seconds E until it reaches a point where the boundary of the Town and the State
of Rhode Island meet the boundary of the Town of East Hampton at N 389.287.06
and E 2,578,405.53. From this point on the line moves southwesterly along the
Town's joint border with that of East Hampton Town for a distance of 78,000 feet
at S 60 degrees, 11 minutes and 40 seconds W to a point southeast of Plum Island
defined as N)50,516.53 and E 2,510.723.58 where it shifts to a more southerly, but
still westerly, direction, again along the joint border between Southold and East
Hampton towns, for a distance of 38.750 feet at S 35 degrees, II minutes and 40
seconds W to a point where the borders of Southold and East Hampton meet with
that of the Town of Shelter Island, defined as N 318,850 and E 2, 488,390,
whereupon the boundary shifts in a northwesterly direction along the boundaries
between Southold and Shelter Island for a distance of 20,927.38 feet at N 76
degrees, 37 minutes 40 seconds W to a point defined as N 323,690 and E 2,468,
030, thence continuing slightly more northerly along the Southold/Shelter Island
boundary for a distance of 10,085.18 feet at N 70 degrees 54 minutes and 1
second to a point southward of Cleaves Point, East Marion; such point is defined
as N 326,990 and E 2,458,500. The line then turns southwest and runs along the
Southold/Shelter Island boundary (and roughly parallel to the Village of
Greenport's boundary) for a distance of 17,085.44 feet at S 38 degrees 46 minutes
oos-JG--5eeeA(Js-W-te-e-f7eiAf--€JeflAeEi-es-N-3-h3,o7D-s As-E 2,44 7,8()f),whe;-c upon it
turns northwest, again along the joint boundary with Shelter Island, for a distance
of 6,248.92 feet at S 80 degrees, 53 minutes and 4 seconds W to a point defined
as N 312,680 and E 2,441,630; said point lying nearly opposite the combined
entrance to Budds Pond/Mill Creek/Hashomomuck Pond. The line then turns due
south at this point and, still along the joint Southold/Shelter Island boundary, runs
across Southold Bay for a distance of 19,813.38 feet to a point approximately
Town of South old Harbor Management Plan: Mooring Management Component
-2
.-
midway between West Neck, Shelter Island, Jessup Neck, Southampton and Hog
Neck, Southold, defined as N 296,030 and E 2,452,370 where the boundaries of
Southold, Shelter Island and Southampton towns intersect. From this point, the line
turns west and runs along the Southo/d/Southampton boundary for a distance of
5,500 feet at S 64 degrees, 48 minutes and 54 seconds W to a point south of
(and nearly opposite) Cedar Beach Point, defined as N 293,689.52 and E
2,447,392.84, whereupon it turns southwesterly, again along the
Southold/Southampton boundary, for a distance of 31,716.01 feet at S 36 degrees
21 minutes 10 seconds W to a point south of Robins Island, defined as N 268,146
and E 2.428,593, where the line turns westerly along the joint
Southold/Southampton boundary for a distance of 25,321.70 feet at S 69 degrees,
40 minutes, 15 seconds W to a point where the joint Southo/d/Southampton
boundary intersects with that of the Town of Riverhead, defined as N259,348.91
and E 2,404,848.53. The line then turns northwest and runs along the
Southo/d/Riverhead Town boundary for a distance of 15,9331.17 feet at S 32
degrees, 56 minutes and 26 seconds E to the MHW mark on Great Peconic Bay.
The waterside boundary of the Southold HMP does not include the Incorporated
Village of Greenport or the waterside boundary of the Village. Accordingly, the
HMP boundary defined above, does not run to the MHW mark within the Village,
but rather runs to the joint boundary between the Village and the Town. That
boundary is defined herein.
The landward side of the waterside boundary of the Southold HMP runs to the
MHW mark in all cases except at the Village of Greenport's border, beginning at
the easternmost foot of Bridge Street near the head of Stirling Basin at a point
defined as N 327,374.59 E 2,451,304.80 and running for a distance of 3,568.37 feet
in a southeasterly direction along the Town/Village boundary at S 55 degrees 38
minutes 47 seconds E to a point defined as N 325,360.96 E 2.454,250.74 near
Young's Point, whereupon the line makes a 90 degree turn to the southwest
across Greenport Harbor along the Town/Village boundary for a distance of
6.654.63 feet at S 32 degrees, 44 minutes, 51 seconds W to a point defined as N
319,740.00 E 2,450,651.00 and nearly contiguous with a land form known as
Fanning Point. The line then turns 90 degrees northwest, again along the
Town/Village boundary and nearly parallel to the Village shoreline, for a distance
of 745.83 feet at N 48 degrees 18 minutes 56 seconds W to a point near the foot
of 6th Street defined as N 320,260.00 E 2,450,094.00, whereupon the line turns more
-~--westerly-to'fol/ow-the-T-owniVillage bounoory-for-cr-diskmee"of-189,08-feet -at f\r6&--'
degrees 57 minutes 38 seconds W to a point defined as N 320,334.00 E
2,449,920.00, where it turns north along the Town/Village boundary for a distance
of 153.45 feet at N 27 degrees, 30 minutes, 12 seconds W to a point defined as N
320,470.11 E 2,449,849.14 or else the approximate distance to the MHW mark on
this bearing.
Town 111 Sout"l1ld Harbor Management Plan: Mooring Management Component
-3
.,.
"
See Map 1-1: Coastal boundary and harbor management area.
Goal and Objectives of the MoorinQ ManaQement Plan
Goals
The primary goal of the Town in adopting this plan is:
To balance the demand and the need for public access to the waterfront
against the demand and need to protect the environmental resources from
degradation.
More specifically, with regard to moorings in Town waters, the Town wishes to
achieve the following sub-goals:
To ensure the protection and restoration of marine habitat.
To ensure safe navigation within Town waters.
These goals are grounded in the Town's understanding of the vulnerability of its
unique marine resources. These resources are the underpinning not only of its
high quality of life, but also of its economic stability and vitality.
QQJectives
The primary objectives of the Town in adopting this plan are:
J. To protect the surface water quality from degradation; and to
enhance or improve the surface water quality where it has been
degraded.
2. To maximize public access to the waterfront and the surface waters
within the capability of the marine resource to sustain it.
3. To develop clear, easily understandable guidelines for
management of the harbors than can be used by government
officials and private
individuals to Inform their decisions.
These objectives reflect the Town's goal of ensuring that access and use of the
marine resources do not impair their ability to function optimally as ecological
systems. And, further, to enable its citizens to take part in the stewardship of the
Town's resources.
Town of South old Harbor Management Plan: Mooring Management Componellt
-4
These Objectives flow from those of Southold's general Harbor Management
Plan as articulated in Section IV ot the LWRP, specifically:
o Encouraging recreational and commercial boating opportunities,
which are important components to the Town's quality of life,
recreational amenities, and economy;
o Promoting the safe use of coastal waters with respect to boating
activities and the use of open waters, protection of channels;
o To relieve areas of conflict and congestion, comprehensively
planning for and managing those facilities that are directly within
the control of the Town, such as mooring locations, siting of docks
and piers, boat ramps and launches, public access, boat yards,
and upland waterfront areas;
o Identifying conflicts between maritime activities and the natural
coastal environment, including water quality, shellfish beds,
significant coastal fish and wildlife habitats, wetlands, critical
environmental areas, and habitats of rare and endangered
species;
o Reducing existing pollutant loads to marine waters - - including
recreational and commercial boating -- and minimizing impacts
from future sources, as a way to allow expanded boating activities
without the impacts to coastal water quality, wetlands, and
habitats;
o Maintaining navigation channels --including coordinating with the
government agencies that have jurisdiction over maintenance
dredging (Army Corps and the Suffolk County Department of Public
works) -- to ensure channels are
adequately maintained 'and accessible to allow safe passage
without conflicting with the natural environment and the proper
disposal of dredged material;
o Planning for growth in recreational boating while minimizing
impacts to other uses, the marine environment, and cultural
resources, and providing a rational basis for the allocation of water
space to certain activities and for the management of the Town's
waters;
Relationship--otMoorinaManaQemenl-elan-tO-Southolcts_LWRJ3_
The LWRP policies that are particularly relevant to the concept of
management and mooring management are noted below:
harbor
DEVELOPED COAST POLICIES
Policy 1 Foster a pattern of development in the Town of Southold that
enhances community character, preserves open space, makes
Town of Southold Harbor Management Plan: Mooring Management Camponellt
-5
Policy 3
efficient use of infrastructure, makes beneficial use of a coastal
location, and minimizes adverse effects of development.
Enhance visual quality and protect scenic resources throughout the
Town of Southold.
NATURAL COAST POLICIES
Policy 5 Protect and improve water quality and supply in the Town of
Southold.
Policy 6 Protect and restore the quality and function of the Town of
Southold's ecosystem.
Policy 8 Minimize environmental degradation in the Town of Southold from
solid waste and hazardous substances and wastes.
PUBLIC COAST POLICIES
Policy 9 Provide for public access to, and recreational use of, coastal
waters, public lands, and public resources of the Town of Southold .
WORKING COAST POLICIES
POlicy 10 Protect the Town of Southold's water-dependent uses and promote
siting of new water-dependent uses in suitable locations.
Policy 11
Promote sustainable use of living marine resources in the Town of
Southold.
Resource Inventory: Justification for the Moorina ManaQement Plan
The Town Trustees have been issuing mooring permits since 19?? Currently
permits are issued for x of the y creeks. Table 1, below, is taken from the LWRP
(Section II. C. Land Use p.26. It lists the creeks and the number of legal moorings
within them.
The Trustees need to provide a 2005 update for this table. The growth in the
waiting list as well as the permit list should be documented if such is the case.
Table I:
Town-issued creek moorings permits, 1994, 1997,1999
Waterbody Number of Number of Number of
..-..--.------------.-- moorings moorings moorings
1994 1997 1999
Reach 1 Mattituck Inlet 27 22 22
Reach 5 Narrow River* 15 16 16
Gull Pond 29 28 28
Town of Southold Harbor Management Plan: Mooring Management Component
-6
'.
. .
Reach 6 Hashamomuck Pond 7 20 20
Reach 7 Town Creek 19 15 15
Jockey Creek 9 8 8
Goose Creek 31 32 32
Corey Creek 17 14 14
Richmond Creek 12 16 16
Cedar Beach Point 4 3 3
Reach 8 Little Creek 9 13 13
Broadwater Cove 7 4 4
Wickham Creek 2 I I
Mud Creek IO 9 9
East Creek 21 23 23
Reach 9 Deep Hole Creek 5 3 3
James Creek 20 19 19
Reach 10 West Harbor 90 90 90
TOTAL 334 336 336
* Narrow River also has 30 stakes for boats.
Moorinas: Purposes and Locations
Moorings allow the in-water storage of boats without the extensive man-made
shoreline improvements that are necessary for slips and dockage. Moorings are
distributed throughout the creeks, harbors and bays of the Town of Southold. See
Map ??
As can be seen by Table I above, there has been significant growth in the
numbers of permits requested. ??? IS this TRUE?
In 1997, permits were issued for 336 moorings within the Town, 239 on the
mainland, and 90 at Fishers Island. Areas with a particular concentration of
-----.lll....Qorinm_.Q&.Mat1itlli::.kJnIeURem:;h 1.1. Gull PoncL(Raac.1L5~".Iowo...aru:L IOdAY
Creeks (Reach 7), Goose Creek (Reach 7). Corey Creek (Reach 7), East Creek
(Reach 8), James Creek (Reach 9), and West Harbor (Reach 10) on Fishers Island.
The distribution of moorings permits issued in 1997 is outlined in Table 11-9. Details
on these moorings are discussed in the Reach Analysis. Stake moorings are
permitted in certain locations: 30 permits for stakes were issued in Narrow River in
1997. UPDATE to 2005.
Town of South old Harbor Management Plan: Mooring Management Component
-- 7
On the mainland, mooring and staking permits are issued by the Town Trustees.
Boats longer than 35 teet are not permitted to moor in waters of the Town of
Southold. The majority of craft moored in the creeks are under 25 feet with the
greatest number being in the 15 to 19-foot range. The Town Trustees, in
conjunction with the Bay Constable, determine the appropriate locations for the
creek moorings on a case-by-case basis. This is done by factoring in the
protection of navigational channels, boat sizes, types of craft, as well as the
protection of natural resources and shellfishing beds. As a result, it has been
determined that certain creeks, or certain locations within creeks, have reached
their mooring capacity. Persons seeking a mooring in these creeks are put on a
waiting list. and are issued permits when they become available. These creeks
are noted in Table 11-2. TRUSTEES NEED TO PROVIDE UPDATE TO 2005.
Table 11-2: Creeks at moorina capacity: 1997 (updated to 1999)
Creek Waiting List #
Reach 1
Reach 5
Reach 6
Reach 7
Reach 8
Reach 9
Mattituck Creek
Narrow River (for stakes and moorings)
Gull Pond
Hashomomuck Pond
Richmond Creek - South Harbor Road Stake Area
Goose Creek - Gagens Landing Stake Area
Jockey Creek
Mud Creek
East Creek
James Creek (room for boats under 16 feet)
59
35
16
2
2
14
1
6
Source: Town of Southold, Trustees, January 1997/1999
West Harbor (Reach 10) on Fishers Island contains 90 moorings. This is the largest
concentration of moorings for recreational boats in the Town of Southold. The
Fishers Island Harbor Committee has been granted the authority by the Town
Board to approve applications for mooring permits and set fees on the island.
This raises the question as to how new Chapter 34 Interfaces with Fishers Islands'
--- --HM~-- ________ _____.
There are only a few moorings in the open waters of Long Island Sound (Reaches
1-4). However, there are a relatively large number of moorings within the open
waters of the Peconic Estuary (Reaches 5-9) in Southold. In 1994, an estimated
264 moorings existed in the Peconic Estuary. The distribution of these moorings is
outlined in Table 11-8. This figure represents more than the number of mooring
Town of Southold Harbor Management Plan: Mooring Management Component
-8
"'.
permits issued in 1994 for the Town's mainland creeks. Permits and fees have not
been required for moorings in the open waters off Southold, although the Town
Trustees have reserved the right to charge fees for moorings in these state waters
(Le., outside of the Patent lands) "whenever a comprehensive mooring program
for State waters is initiated". In 1997, the Town Trustees established a Mooring
Committee to look into developing a permitting system for mooring in State
waters within 1,500 feet of the shoreline. In 1998, they proposed to the Town Board
that a fee permit system be adopted. Opposition was heard from some boaters
and marina operators at the public hearing and no further action was taken by
the Town.
Table 11-11 below indicates the estimated number of moorings (264) within the
Peconic Estuary during 1995. In 1999, the number was estimated to be closer to
500. (Source: Bay constable's field observations). This growth reflects the extent of
increased demand for access to the water.
Table 11-11: Estimated numbers of moorinQs in the Peconic Estuary
Reach 5
Reach 6
Reach 7
Reach B
Reach 9
TOTAL
Waterbody
Estimated # of moorings
Gardiners Bay/Orient Harbor
Gardiners Bay/Stirling Harbor
Pipes Cove
Conkling Point
Budd's Pond to Town Creek
Shelter Island Sound - Town Creek/Goose Creek
Shelter Island Sound - Goose Creek/Paradise Point
Little Peconic Bay - Cedar Beach/Corey Creek
Little Peconic Bay off Little Neck
Little Peconic Bay along Nassau Point
Cutchogue Harbor
Little Peconic Bay off New Suffolk
Great Peconic Bay off Deep Hole Creek
Great Peconic Bay off James Creek'
Great Peconic Bay - Brushes Creek to Town Line
Source: Town of Southold, April 1995
-----------..---.--"- ---------------..-- ---~---_.
50
30
10
15
10
10
5
4
20
10
50
10
20
10
10
264
The main thrust behind a mooring fjermit program would be to ensure that these
boats are safely moored. Frequently boats are moored in or too close to boat
channels thereby impairing navigation. Some have been placed perilously close
Town of South old Harbor Management Plan: Mooring Management Component
-9
to bathing beaches, shellfishing beds and wetlands vegetation. If a program is
developed, the Trustees will be able to ensure that the location of moorings is
appropriate, refining the current haphazard placement of moorings by boat
owners. The program also will enable the Town Trustees to resolve complaints
over mooring placements and will enable the Bay Constable to enforce mooring
violations. Also of concern are the hidden costs of lack of mooring regulations.
The Bay Constables are called upon to retrieve boats that have broken loose
from moorings that were inadequately located or insufficient to hold the boat in
strong winds. The cost of responding to complaints about moorings and the
retrieval of breakaway boats currently is being absorbed by the Town, but should
not be. Reasonable mooring fees would cover the cost of patrolling and
administering a mooring grid. Proper mooring gear would reduce incidences of
breakaway boats. And regulation of the mooring fields would ensure that
shellfishing grounds were not disturbed.
Traditional mooring systems such as mushroom anchors, though proven
dependable, can cover considerable water area. For example, with a 20-foot
craft and a maximum water depth of 6 feet, the recommended swing circle can
have a scope radius of 65 feet, or a diameter of 120 feet, occupying about '/.
acre of water area.
There are alternatives to the traditional mooring system that reduce the amount
of necessary water area and therefore increase the number of boats that can
occupy the mooring area. The Orient Yacht Club regulates moorings associated
with its membership. The alternatives available to the Town are:
.
Fore and aft moorings that eliminate the swing circle (implemented by the
Trustees)
Moorings that have better bottom holding power, allowing a shorter scope
linear mooring systems are more innovative and allow boats to tie up
laterally to fixed common mooring line
.
.
As competition for mooring space increases, it may be necessary to require the
use of alternative mooring systems which will allow for greater numbers of boats
to be moored within a prescribed area.
. Anchorage
-. . - ---~TAere.-is-eAe-feEleF8I-ElAGAerage-iA--the-Tewn-eI-Seld*hoIEl.loeat ed- at-the- heeEl of
Mattituck Inlet (Reach 1). Estimates are that this anchorage, which covers an
area of about 6 acres, is used by about 30-75 transient craft during the course of
a summer season. It is an important harbor of refuge particularly since it is the
only such anchorage between Mt. Sinai Harbor and Plum Gut, a distance of
about 40 miles. By agreement between the Town and US Army Corps of
Town of Southold Harbor Management Plan: Mooring Management Component
-10
Engineers. all persons using this anchorage may gain access to land by way of
the Mattituck Park District's docks at the head of Mattituck Creek.
Table 11-17: Hard surface boat ramps and small boat launches available to the
public
Reach
Reach 1
Reach 2
Reach 3
Reach 4
Reach 5
Reach 6
Pond
Reach 7
Bay
Facility
Petersons Marina
Mattituck Fishing Station
Mattituck Park District
Town boat ramp
Waterbody
Mattituck Inlet
Mattituck Inlet
Mattituck Inlet
Mattituck Inlet
Town small boat launch (Goldsmiths Inlet)
Long Island Sound
Town small boat launch (Town Beach)
Long Island Sound
NYSDEC boat ramp (Trumans Beach)
Long Island Sound
Orient-by-the-Sea Marina
Town boat ramp (Narrow River Road)
NYSDEC Ramp (Klipp Park)
Town boat ramp (Sandy Beach Road)
Gardiners Bay
Narrow River
Gull Pond
Sterling Harbor
Town boat ramp (Bayview Avenue)
Hashamomuck
Town small boat launch (Founders Landing)
Town Creek
Town boat ramp (Gagens Landing Road)
Town small boat launch (Minnehaha Boulevard)
Town boat ramp (Cedar Beach Road)
Goose Creek
Corey Creek
Hog Neck
Town boat ramp (Parkers Landing)
Town boat ramp (Pine Neck Road)
Richmond Creek
Town Creek
Reach 8 Broadwater Cove Marina Broadwaters Cove
Town small boat launch (Mason Drive) Haywaters Cove
____m.. _ _ -----New-S~ffelk-Ship-'l'or-El--M€lFiA€l-------&eAeeIAetlse€ree!{-----.--- -
Copt. Marty's Fishing Station launch Cutchogue
Harbor
Harbor
Town boat ramp (Jackson Street)
Cutchogue
Town small boat launch (Grathwohl Road)
West Creek
Town of Southold Harbor Management Plan: Mooring Management Component
-11
.'
Town small boat launch (Little Neck Road)
Town small boat launch (Wilsons Landing)
Cutchogue Harbor Marina
East Creek
East Creek
Wickham Creek
Reach 9 Strongs Marina
James Creek
Reach 10 Town boat ramp (Peninsula Road)
West Harbor
Source: Town of Southold, January 1995,2001
LeQal Justification for Town ManaQement of MoorinQs
6. Underwater lands, the foreshore and the Public Trust
The legal geography of New York's beaches, tidelands, and lands underwater is
defined by the public trust doctrine and the court cases that interpret its
application. Under the public trust doctrine, the foreshore and underwater lands
are held in trust by the state or local government for the benefit of the public. The
public trust doctrine is the basis for the public's right fo swim, fish, and walk along
the shoreline.
Tidality is the linchpin in establishing the public's right to use and pass over the
foreshore of navigable waters. In Tucci v. Salzhauer, a case involving the use of
land in Hempstead Harbor, the court defined the public's rights in the foreshore:
When the tide is in, he may use the water covering the foreshore for boating,
bathing, fishing, and other lawful purposes and when fhe tide is ouf, he may pass
and repass over the foreshore as a means of access to reach the water for fhe
same purposes and to lounge and recline thereon. (336 NYS2d 721)
In the colonial era, the English king exercised sovereign authority, both propriefary
and governmentally, over the shoreline. During this period, Long Island fowns
were created by royal charters and patents, which created not only the
corporate bodies with the power of government, but also conveyed title to the
land and land under water within the bounds of the town. Following the
Revolutionary War, New York State succeeded to the crown's rights over the
shoreline, which meant that the People of the State of New York were vested with
all beds of navigable water bodies, and courses not previously conveyed by the
sovereign (The Crown of Great Britain), along with the public trust. These lands
typically were waterward of the high water mark in areas not previously
- - ---conveyed-by-ihe--sovereign--fstlch-as-tong-Island Suundr4'oJuy these----
underwater, or formerly underwater lands, are managed pursuant to the Public
Lands Law. Except where otherwise transferred to another agency for a specific
purpose, the New York State Office of General Services (OGS) manages State-
owned underwater lands and formerly underwater (but now filled) lands to the
last known location of mean high water.
Town of Southold Harbor Management Plan: Mooring Management Component
-/2
Although New York state has never relinquished its territorial authority or legislative
jurisdiction, the state constitutions (until 1962) have confirmed the various colonial
charters vesting interest in upland commons and land underwater in the towns, or
the trustees of the freeholders and commonalty of certain Long Island towns. The
colonial charters have also received judicial recognition.
In addition to colonial charters and patents conveying land to the towns,
submerged lands have also been conveyed by the state and towns to private
owners for commercial purposes and to develop waterfront infrastructure. Thus,
with few exceptions, the ownership of most lands underwater, or formerly
underwater lands that are vested with a public trust, is in three forms: (1) state
ownership; (2) local government ownership; or (3) private ownership, either by
grant from the state or town. In most instances where publicly owned underwater
lands have been conveyed into private ownership, the public trust interest
remains intact.
,
The Town of South old lays claim to its lands underwater by virtue of the Andros
Patent of October 31. 1676. On October 31. 1676, Colonial Governor Andros
authorized the Andros Patent which established the Town government and the
Town boundaries. The Patent affirmed the original property rights of Town
inhabitants, and described in detail natural resource, hunting and fishing rights.
These rights were transferred to the direct control of the Town of Southold Board
of Trustees on behalf of the Freeholders and inhabitants. The Patent conveyed all
the land in Southold (which at the time embraced the lands comprising
Riverhead) including all uplands, ponds, creeks and wetlands.
The Town of Southold claims title to all lands under its harbors, bays and creeks, to
the extent not otherwise conveyed into private or State ownership. In 1893, the
State Legislature created the Trustees of the Town of Southold to hold and to
manage these lands for the benefit of taxpayers and residents. (Laws of 1893,
Chapter 615, as amended by Laws of 1952, Chapter 404). Under this legislation,
the trustees exercise exclusive jurisdiction over town-owned creeks and harbors.
They were empowered with the authority to "manage, lease, convey, or
otherwise dispose of all or any part of such common lands, waters, and lands
underwater, to the public right of adjoining upland owners". The commonly held
resources and rights described in the Andros Patent include all "land with necks
---- --Gnd-islandS--.~-tGg~tR @l'-wit/:l~ri\l~I'Sr-IQkes~wQter:-sr--G1uQrri~s-,-timt>errwQGEls,-u -----
woodlands, plains, meadows, broken pieces of meadows, pastures, marshes,
fishing, hawking, hunting and fowling..." which were not already the property of
anyone person.
Currently, the Town has the primary jurisdiction for underwater lands and in-water
activities within the Town creeks. The creeks to which the Andros Patent applies
Town of Southold Harbor Management Plan: Mooring Management Component
-13
.'
.
and for which the Town Trustees are empowered under the 1893 act were
identified earlier in Table 11-1 in Section 1I.A.7. Their location is illustrated on Map 1/-2.
The total area of this jurisdiction is about 2,000 acres. Some of the creeks and
inlets along South old's shoreline are man-made waterbodies that did not exist at
the time of the issuance of the Andros Patent and therefore are not covered by
the Patent (e.g" Brick Cove, Schoolhouse Creek). By deed dated May 23, 1930,
the Town of South old conveyed Long Beach in the hamlet of Orient as well as
certain lands underwater in Little Bay adjacent to Long Beach, to the State Board
of Commissioners of the Land Office, which, in turn, transferred jurisdiction and
ownership to the Long Island State Park Commission.
The actual waters included were partially clarified by litigation in Town of South old
v. Parks, 41 Misc. 456, 84 NYS 2d (Sup. Ct. Suffolk County, 1903) affd. per curiam 97
App. Div. 636 (Second Dept., 1904), affd. memo 183 NY 513 (1905). This case
described the southern boundary of Southold as the high water mark of Gardiners
and Peconic Bays. Southold's town ordinances of 1944 and 1949 described town
waters as all land underwater in any harbor, bay, or creek, and inclUding "all
waterways and creeks cutting the shoreline of the town to the average high
water mark from headland to headland."
Within the Peconic Estuary, underwater lands are owned by the State of New
York, Suffolk County, and individuals who have received riparian conveyances
from the State. The Peconic and Gardiners Bays did not pass by colonial patent
to the Town of Southold or any of the other towns on eastern Long Island. The
lands under those waters are in the possession of the State. Town of Southold v.
Parks. 41 Misc. Rep. 456, 84 N.Y.S. 1078 (Sup.Ct. Suffolk Co.), aff'd. 97 App. Div. 63.
90 N.Y.S. 1116 (2nd Dept.) aff'd. 183 N.Y. 513 (1905); Claudio v. Villaae of
Greenport, 55 Misc.2d 37l. 284 N.Y.S.2d 965 (Sup. Ct. Suff. Co. 1967) and Laws of
1884, Chapter 385, as amended by Laws of 1896, Chapter 916. The State has
authorized Suffolk County to lease lands under those bays for shellfish cultivation.
beginning at a point 1000 feet from shore (Laws of 1969, Chapter 990). Robins
Island was granted in a separate colonial patent to Charles Williams and
Frederick Morris in 1733 and was not part of Southold's Andros Patent lands.
As was shown earlier in Table 11-2, in Section 1I.A.7., New York State owns the
majority of underwater lands within the bays; this includes all the underwater
lands along the immediate shoreline, to a distance of 1,000 feet. The majority of
. --- -fhe-Svnolk-CGurn.Y-QRd-pri\lGtel')l-t:Jeld-uRderwQter_IQrlds-me-_iFl--L-it_tle-12eeenie-BElY--- ____. _
and Shelter Island Sound. Within Long Island Sound, title to the foreshore of and
submerged lands under Long Island Sound is vested in the State of New York,
unless otherwise conveyed away by the State. Loundes v. Town of Huntinaton,
153 U.S. 1. 22-23 (1894). Town jurisdiction (but not ownership) of lands beneath
Long Island Sound has been extended northerly to the New York - Connecticut
State Line by Act of the State Legislature (Laws of 1881, Chapter695).
Town of South old Harbor Managemellt Plall: Mooring Mallagement Componellt
-14
.'
.
Presently, the Town of South old Trustees regulate boat mooring activities and
navigation in Town creeks, residential and marina dock construction and
operation, shellfish harvesting and counts, and wetland permits. The Trustees also
provide guidance to the Bay Constables for the management of the over 2,000
acres of public underwater land within the Town. Furthermore, the Trustees
regulate activities which occur on private lands within the Town under the Town's
Wetlands and Coastal Erosion Hazard Area ordinances. This last responsibility was
given to the Trustees by the South old Town Board in recognition of their
inseparable relation to the Andros Patent and the need to protect the Town's
natural resources under home rule. These regulations are discussed in more detail
in Section V. Implementation.
Public trust lands provide important public access to the coastal resources of the
Town of Southold. The communities public trust lands are heavily used for
recreation of all types, including fishing, shellfishing, walking, hunting and just
relaxing. They are also used by commercial fishermen, who gain access to the
important commercial fishing and shellfishing resources from public trust lands.
Unfortunately, the continued access to and use of public trust lands are under
threat.
As development has spread eastward along Long Island, many informal access
points on privately owned undeveloped land, used for many years by
commercial and recreational fishermen and others to reach state or town-owned
public trust lands, have disappeared or, where still existing at street ends, are
prohibited for use by nonresidents. This inability to obtain access to public trust
lands, which are open for use by anyone for a variety of recreational and other
purposes, has increasingly become a problem as ever larger portions of the
state's coastline are devoted to private residential, commercial, and
transportation uses.
In highly developed areas, it is almost impossible to reach public trust lands along
the waterfront because of industrial and commercial land uses, decaying piers
and bulkheads, abandoned buildings, or other impediments to access. Often, it
is only when such areas are redeveloped that opportunities arise to improve
waterfront access. In less densely developed areas, it is usually just as impossible
to reach public trust lands because of the continuous strips of waterfront
u ___ ---residel'lc:es,dittiGuH-terrain, suGt+as-Righ-Qluff-s,-QrIQG~f-roQE.l-ElGGess.--------- ----
In conjunction with spreading development, many shore hardening structures in
the form of bulkheads, sea walls, revetments, and groins have been built,
ostensibly to protect developed properly from erosion. However, in many cases
the result has been a narrowing or even loss of the beach, which reduces or
eliminates opportunities to use public trust lands for lateral access along such
Town of Southold Harbor Management Plan: Mooring Management Component
-15
. .
.'
.
.
-.
.
shores. Similarly, the~ proliferation of long docks into the water blocks lateral
access along public Itust lands, and obstructs and encumbers public trust uses of
surface waters and underwater lands for suth activities as swimming and small
craft boating.
{
South old's shoreline has the potential to offer a continuous right of access along
the shore. Given the increase in shoreline development, the opportunity to walk
the shoreline of the long Island Sound and the Peconic Estuary is a valuable
public asset. It remains, however, largely a theoretical asset because the right of
continuous access is useless without the ability to get to the shore and, once on
the shore, to walk unfettered. Throughout numerous stretches of Southold's
shoreline, the public's rights in the foreshore have been constrained, and
sometimes precluded, by private development. This is a major public policy
concern.
The Long Island Sound Coasfal Management Plan (DOS, 1994) identified that the
use of public trust lands generated billions of dollars for the state economy. The
foreshore and underwater lands of the state are used for recreation, boating,
fishing, swimming, and visual enjoyment. The tidal areas provide habitat and
breeding areas for shellfish and finfish of commercial and recreational
importance. Private actions that interfere with these activities diminish the public's
use and enjoyment of these commercially and recreationally productive areas.
In 1992, the legislature amended the Public Lands Law (Laws of 1992, c. 791)
codifying, in part, the public trust in underwater iands. The legislature found that
regulation of projects and structures, proposed to be constructed in or over state-
owned lands underwater, was necessary to responsibly manage the state's
proprietary interests in trust lands. Additionally, the regulation would severely
restrict alienation into private ownership of public trust lands owned by the state.
The intent of the amendment was also to ensure that waterfront owners'
reasonable exercise of riparian rights and access to navigable waters did not
adversely affect the public's rights. The legislature stated that use of trust lands is
to be consistent with the public interest in reasonable use and responsible
management of waterways for the purposes of navigation, commerce, fishing,
bathing, recreation, environmental and aesthetic protection, and access to the
navigable waters and lands underwater of the state.
----Todey--the-S-tete '.s - Offiee.. of Generel-5erviees,GG5;--issl:Jes--liceflses,Jeeses-emcl-_
grants for activities affecting or structures occupying State-owned lands, whether
they are underwater or were formerly underwater. OGS is the repository of
records pertaining to grants, easements, licenses and other interests in the State's
underwater holdings. As a . result, local proposals affecting State-owned
underwater lands should be reviewed by the OGS for determination of the
State's interest under the Public lands law.
Town of South old Harbor Management Plan: Mooring Management Component
-16
SUFFOLK COUNTY DEPARTMENT OF LABOR -LIVING WAGE UNIT
.
.
NOTICE OF APPLICABILITY
OF LIVING WAGE LAW
Living Wage Law, Suffolk County Code, Chapter 347 (2001)
To Be Completed By The Living Wage Unit
DATE: July 3, 2006
TO: Michelle Rosen, SCDHS
FROM~nda Rosenberg, Director of Living Wage Compliance Unit
TELEPHONE #: 853-2063
VENDOR #: 11-6001939
REFERENCE#: 525-8229-5100-00-000Of.t
You are hereby notified that the response from Town of Southold - Trustees been evaluated by the Living
Wage Unit of the Suffolk County Department of Labor.
We find:
X The documents submitted with this contract / proposal are complete and conform to the
requirements of the Living Wage Law (Local Law #12-2001). The Awarding Agency may proceed with
the normal and customary procedure for administering contracts.
The documents submitted with this contract / proposal are not complete, or do not conform
to the requirements of the Living Wage Law (Local Law #12-2001).
Employers who fail to submit documents or information required to demonstrate compliance with the
Law shall be deemed non-responsive and subject to disqualification.
If the employer is presently under contract, the contractor shall be deemed non-compliant and the
appeals process shall be made available to said employer (Chapter 347-5 A & B).
LW-13
..... ~. . ... .,
. \
\
Suffolk County Form SCEX 22
Contractor'sNendor's Public Disclosure Statement
Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure Statement
must be completed by all contractors/vendors that have a contract with Suffolk County. In the event
contractor/vendor is exempt from completing paragraphs numbered 1 through 11 below, so
indicate at paragraph number 12 below setting forth the reason for such exemption.
Notwithstanding such exempt status, you must execute this form below before a notary
public.
1. Contractor'sNendor's Name:
Address:
City and State: Zip Code:
2. Contracting Department's Name: Suffolk County Department of Health Services
Address: 225 Rabro Drive East, Hauppauge, New York 11788
3. Payee Identification or Social Security No.:
4. Type of Business: Corporation Partnership Sole Proprietorship Other
5.a Is contractor/vendor entering into or has contractor/vendor entered into a contract with Suffolk
County in excess of $1,OOO? Yes No.
5.b Has contractor/vendor entered into three or more contracts, including the one for which you
are now completing this form, with Suffolk County, any three of which, when combined, exceed
$1,000? Yes No. If you answered yes to either part 5.a or 5.b, you must
complete parts 6 through 9. In any event yOU must complete items 10 and 13.
6. Table of Organization. List names and addresses of all principals; that is, all individuals serving
on the Board of Directors or comparable body, names and addresses of all partners, and
names and addresses of all corporate officers. Conspicuously identify any person in this table
of organization who is also an officer or an employee of Suffolk County. (Attach additional
sheet if necessary).
7. List all names and addresses of those individual shareholders holding more than five percent
(5%) interest in the contractor/vendor. Conspicuously identify any shareholder who is also an
officer or an employee of Suffolk County. (Attach additional sheet if necessary).
8. Does contractor/vendor derive 50% or more of its total revenues from its contractual or vendor
relationship with Suffolk County? Yes No.
9. If you answered yes to 8 above, you must submit with this disclosure statement, a complete
financial statement listing all assets and liabilities as well as a profit and loss statement. These
statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.)
10. The undersigned shall include this Contractor'sNendor's Public Disclosure Statement with the
contract. (Describe general nature of the contract.)
11. Remedies. The failure to file a verified public disclosure statement as required under local law
shall constitute a material breach of contract. Suffolk County may resort, use or employ any
remedies contained in Article II of the Uniform Commercial Code of the State of New York. In
addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a
breach has occurred, to damages equal to fifteen percent (15%) of the amount of the contract.
Page 1 of2
~
12. If you are one of the entities listed below at a) through c) or you qualify under d) below, you
are exempt from completing p,aragraphs numbered 1 through 11 herein:
a) Hospital
><. b) Educational or govErmmental entities
c) Not-for-profit corporations
d) Contracts providing for foster care, family day-care providers or child protective
services
Please check to the left side of the appropriate exemption.
13. Verification. This section must be signed by an officer or principal of the contractor /vendor
authorized to sign for the company for the purpose of executing contracts. The undersigned
being swom, affirms under the penalties of pe~ury, that h /she has read and understood the
foregoing statements and that they are, to his/her own wledge, true.
Dated: f/~/J".f,. Signed: ~
Printed Name 6f Signer: Seo A. Rus se 11
Title of Signer: Supervisor
Name of ContractorNendor: Town of Southold
UNIFORM CERTIFICATE OF ACKNOWLEDGMENT
(Within New York State)
STATE OF NEW YORK)
COUNTY OF ) sS.:
On the -1L. day of September In the year 2006 before me, the undersigned, personally
appeared Sc-,ot t A. Russell personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in hislherltheir capacity(ies)
and that by his/herltheir signature(s) on the instrument, the individual(s), or the person upon behalf of
which the Individual(s) acted, executed the instrument.
L.i i~ DA J COOPER
.iW PUBLIC, State of New York
01 C04822563, Suffolk ~Z
erm Expires December 31, 2
STATE OF )
COUNTY OF ) ss.:
On the _ day of in the year 2006 before me, the undersigned, personally
appeared personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in hlslherltheir capacity(ies)
and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of
which the individual(s) acted, executed the instrument.
UNIFORM CERTIFICATE OF ACKNOWLEDGMENT
(Without New York State)
(signature and office of individual takill!;I acknowledgment)
Page 2 of2
--'-"-~------.
IOO~
S!I:JIAlI!lS II<IV
tSTt tS8 9IS XVd Tt:tT IlId 90/St/60
~
..SuffolkoCounty, New York
,Department of Labor
SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIATION UNIT
UNION ORGANIZING CERTIFICATION/DECLARATION - SUBJECT TO AUDIT
If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the
contractor's/beneficiary's business or transaction with Suffolk County, the contractorlbeneficiary must
complete Sections I, III, and IV below. If the following definitions do not apply, the contractor/beneficiary must
complete Sections II, III and IV below. Completed forms must be submitted to the awarding agency.
County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services
pursuant to a written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant;
pursuant to a Suffolk County program; pursuant to a Suffolk County reimbursement for services provided in any
calendar year; or pursuant to a subcontract with any of the above."
Section I
Check if
~
DOL-L01 16/051
The Union Organizing Law applies to this contract. IIwe hereby agree to comply with all the provisions
of Suffolk County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as
such shall not use County funds to assist, promote, or deter union organizing (Chapter 466-3 A), nor
seek reimbursement from the County for costs incurred to assist, promote, or deter union organizing.
(Chapter 466.3 B)
IIwe further agree to take all action necessary to ensure that County funds are not used to assist,
promote, or deter Applicable union organizing. (Chapter 466-3 H)
IIwe further agree that if any expenditures or costs incurred to assist, promote, or deter union
organizing are made,
IIwe shall maintain records sufficient to show that no County funds were used for those expenditures
and, as applicable, that no reimbursement from County funds has been sought for such costs.
IIwe agree that such records shall be made available to the pertinent County agency or authority, the
County Comptroller, or the County Department of Law upon request. (Chapter 466.3 I)
IIwe further affirm to the following:
. IIwe will not express to employees any false or misleading information that is intended to influence
the determination of employee preferences regarding union representation;
. IIwe will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a
bargaining representative;
. "we will not require an employee, individually or in a group, to attend a meeting or an event that is
intended to influence his or her decision in selecting or not selecting a bargaining representative;
. "we understand my/our obligation to limit disruptions caused by prerecognition labor disputes
through the adoption of nonconfrontational procedures for the resolution of prerecognition labor
disputes with employees engaged in the production of goods or the rendering of services for the
County; and
. IIwe have or will adopt any or all of the above-referenced procedures, or their functional equivalent,
to ensure the efficient, timely, and quality provision of goods and services to the County. I/we shall
include a list of said procedures in such certification.
"we further agree that every County contract for the provision of services, when such services will be
performed on County property, shall include a requirement that IIwe adopt a reasonable access
agreement, a neutrality agreement, fair communication agreement, no intimidation agreement, and a
majority authorization card agreement.
I/we further agree that every County contract for the provision of human services, when such services
are not to be performed on County property, shall include a requirement that I/we adopt, at the least, a
neutrality agreement.
IIwe understand that the efficient, timely, and nondisruptive provision of goods and services is a
paramount financial interest of the County of Suffolk and as such, the County expects the potential
County contractor to protect the County's financial interest by adopting nonconfrontational procedures
for the orderly resolution of labor disputes, including, but not limited to, neutrality agreements, majority
authorization card agreements, binding arbitration agreements, fair communication agreements,
nonintimidation agreements, and reasonable access agreements.
. . SllffolktCounty, New York
JJepartrnentofLabor
;
Section II
The Union Organizing Law does not apply to this contract for the following reason(s):
D
Check if
Applicable
Section III
Contractor Name:
Town of Southold
Contractor Address: PO Box 1179
Southo1d, NY 11971
Federal Employer ID#: 11-6001939
Amount of Assistance: $"7 e fJ o-1J.:zr.70,{)O
I
Vendor #:
Contractor Phone #: (631) 765-1283
Description of project or service: Pump Out Boat (Fishers Island)
Section IV
I declare under pena of perjury under the Laws of the State of New York that the undersigned is authorized to provide
this certification, a hat the above is true and correct.
August 16, 2006
Date
Scott A. Russell, Supervisor
Print Name and Title of Authorized Representative
DOL-L01 IS/051
, Law Rev. 12/29/04; Law No. 06-HS S(),3
'::. > Ind$l.ellndent Contractor/Pump Out Boat
~ Town of Southhold
,/
IFMS No. ~7
Agreement No. 525-8229-5100-00
Health Dept. Issued: 07/07/06
.
Pump-Out Vessel Incentive Program
This Agreement (Agreement) is between the County of Suffolk (County), a municipal corporation
of the State of New York, acting through its duly constituted Department of Health Services (Department),
located at 225 Rabro Drive East, Hauppauge, NY 11788-4920, and the Town of Southold, Department of
Public Works (Contractor), a municipality, having its principal office at 53095 Main Road, P.O. Box 1179,
Southold, New York 11971-0959.
The parties hereto desire to make available to the County the services of the Contractor to provide a
Pump-Out Vessel Incentive Program (Services) pursuant to Resolution Nos. 381-2000 and 756-2001.
Term of Agreement: September 01, 2006 through the period of probable usefulness of such pump-out
vessels as set forth in the New York Local Finance Law.
Total Cost of Agreement: Shall not exceed $7,000.00.
Terms and Conditions: Shall be as set forth in Exhibits A through E.
In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written
below.
Town of Southold
County of Suffolk
B"..,...llll....lIl.:,f Ptlhli~ -/!3Iha
By ~:Yi~
Name: . USS'L. ((
Title: S<<f~Ul5e-\.
Federal Tax ID No.: 11-6001939
Date: ~r&-
By:
6=>cu.Jl.~t1
Paul Sabatino II
Chief Deputy County Executive
Date: {-r 'Yl rOdo
~Ien M. Kovesdy
Assistant Budget Dil8Clor
Approved as to Legality:
Christine Malafl, County Attorney
By:
Cynthia Kay Par
Assistant County Attorney
Date: , / a, It) ~
Recommended:
Division of Environmental Quality
By: ~ /~'
Vito Minei
Director
Date: 7(1 ;;~
Page 1 of 9 Pages
, Law Rev. 12/29/04; Law No. 06-HS
Independent Contractor/Pump Out Boat
Town of South hold
IFMS No.
Agreement No. 525-8229-5100-00-00007
Health Dept.lssued: 07/07/06
,
List of Exhibits
Exhibit A
General Terms and Conditions
1. Contractor Responsibilities
2. Inconsistent Provisions
3. Term and Termination
4. Payment and Compensation
5. Notices and Contact Persons
6. Indemnification
7. Insurance
8. Cooperation on Claims
9. No Default
10. Gratuities
11. Contractor'sNendor's Public Disclosure Statement
12. Child Sexual Abuse Reporting Policy
13. Living Wage Law
14. Independent Contractor
15. Certification
16. No Assignment
17. Severability
18. Non-discrimination in Services
19. Non-discrimination Related to Persons with Aids or HIV-Related Medical Conditions
20. Entire Agreement
21. No Oral Changes
Exhibit B
Provision of Services
Exhibit C
Suffolk County Legislative Resolution No. 381-2000, "Amending the 2000 Capital Program and
Budget and Appropriating Funds for the Purchase of Pump-Out Vessels for Use by Towns
and Villages Within Suffolk County (CP 8229.510)"
Exhibit D
Suffolk County Legislative Resolution No. 756-2001, "To Modify Procedures for Purchase of
Pump-Out Vessels"
Exhibit E
Town of Southold, Department of Public Works - "Pump-Out Vessels Funding Request"
Application
Page 2 of 9 Pages
_ Law Rev. 12/29/04; Law No. 06-Hs
Independent Contractor/Pump Out Boat
Town of South hold
IFMs No.
Agreement No. 525-8229-5100-00-00007
Health Dept. Issued: 07/07/06
Exhibit A
General Terms and Conditions
Whereas, Suffolk County Legislative Resolution No. 381-2000, "Amending the 2000 Capital Program and
Budget and Appropriating Funds for the Purchase of Pump Out Vessels for Use by Towns and Villages
within Suffolk County (CP 8229.510)," appropriated $ 100,000.00 in Suffolk County Serial Bonds to be
matched by those Towns and Villages interested in jointly securing pump-out vessels for use in Suffolk
County; and
Whereas, pursuant to Suffolk County Legislative Resolution No. 756-2001, the Department issued a
Request for Applications (RFA) to towns and villages to apply for the purchase of new pump-out vessels,
provided that the town or village commit to provide at least fifty percent (50%) matching funds toward the
purchase of said vessels and to ensure that the vessels conform to certain criteria to be established by the
Department; and
Whereas, the Town of Southold, Board of Town Trustees submitted an RFA to the County on May 01, 2006
which was accepted as eligible for the Program by the County; and
Whereas, the parties wish to enter into an Agreement to provide a Pump-Out Vessel Incentive Program to
the County;
Now, Therefore, the parties agree to the following:
1. Contractor Responsibilities
a. The duties of the Contractor shall be to provide independent contractor services (Services),
as may be necessary to accomplish the work required to be performed under and in
accordance with this Agreement, as more particularly stated in Exhibits B through D of this
Agreement.
b. The Contractor specifically represents and warrants that it has and shall possess, and that, to
the extent applicable, its employees, agents and subcontractors have and shall possess, the
required education, knowledge, experience and character necessary to qualify them
individually for the particular duties they perform and that the Contractor has and shall have,
and, to the extent applicable, its employees, agents and subcontractors have and shall have,
all required authorization(s), registration(s), Iicense(s) or permit(s) required by State, County
or local authorities for the Contract Services (hereinafter called "License").
2. Inconsistent Provisions
The provisions of this Exhibit A shall prevail over inconsistent provisions of any other Exhibit and
over any other document not specifically referred to in this Agreement or made part thereof by this
Agreement or by subsequent amendment in writing and signed by both parties, except to the extent
that such provisions of this Exhibit A are specifically referred to and amended or superseded by such
Exhibit or Amendments.
3. Term and Termination
a. Term
This Agreement shall cover the period provided on the first page thereof, unless sooner
terminated as provided below.
b. Termination for Cause
i. This Agreement may be terminated in whole or in part in writing by the County in the
event of failure by the Contractor to fulfill its obligations under this Agreement;
provided that no such termination shall be effective unless the Contractor is given ten
(10) calendar days' written notice of intent to terminate, delivered personally or by
certified mail, return receipt requested, and an opportunity for consultation with the
County prior to termination.
ii. Failure by the Contractor to fulfill its obligations under this Agreement shall, at a
minimum, entitle the County to damages, which shall be calculated by multiplying the
value of the vessel, on the first date of non-compliance, by the percentage of the
original purchase price which was paid by the County.
Page 3 of 9 Pages
_ Law Rev. 12/29/04; Law No. 06-HS
Independent Contractor/Pump Out Boat
Town of South hold
IFMS No.
Agreement No. 525-8229-5100-00-00007
Health Dept. Issued: 07/07/06
.
:
4.
Payment and Compensation
a. In return for the Contractor guaranteeing Services to the County, as set forth in Exhibit B of
this Agreement, the County will be responsible for providing payment for fifty percent (50%) of
the net cost (purchase price of vessel or vessels less any other outside source of funding) to
the Contractor for the purchase of a mobile pump-out vessel, as set forth in Exhibits D and E
of this Agreement.
b. The Contractor shall prepare and present a claim form supplied by the County and approved
for payment by the County (Suffolk County Standard Voucher). The claim form shall be
accompanied by a certified and itemized purchase receipt and a copy of the guarantee of
partial funding in the amount of $7,000.00 as a grant from New York State. Payment by the
County shall be made within thirty (30) days after approval by the Comptroller of the County of
Suffolk.
c. The Contractor agrees to accept, as full and complete payment, an amount not to exceed that
as set forth on page one of this Agreement.
d. The charges payable to the Contractor under this Agreement are exclusive of federal, state
and local taxes, the County being a municipality exempt from payment of such taxes.
Notices and Contact Persons
a. Any communication, notice, claim for payment, report or other submission necessary or
required to be made by the parties regarding this Agreement shall be deemed to have been
duly made upon receipt by the County or the Contractor or their designated representative at
the following address or at such other address that may be specified in writing by the parties:
For the County:
Communications Notices Reports, and other Submissions:
Suffolk County Department of Health Services
360 Yaphank Avenue
Yaphank, NY 11980
Att. Division Director as set forth on Page 1 of Agreement
5.
Claims for Payment:
Suffolk County Department of Health Services
225 Rabro Drive East
Hauppauge, NY 11788
Att. Expenditures Unit.
and
For the Contractor: At the address set forth on page one of this Agreement, attention of the
person who executed this Agreement or such other designee as the parties may agree in
writing.
b. Each party shall give prompt written notice to the other party of the appointment of
successor(s) to the designated contact person(s) or his or her designated successor(s).
c. Any communication or notice regarding indemnification, termination or litigation shall be
deemed to have been duly made upon receipt by the parties at the following addresses, or at
such other addresses that may be specified in writing by the parties:
For the County:
Suffolk County Department of Health Services
225 Rabro Drive East
Hauppauge, NY 11788
Att. Commissioner of Health Services
and
Page 4 of 9 Pages
. Law Rev. 12/29/04; Law No. 06-Hs
Independent Contractor/Pump Out Boat
Town of South hold
:
IFMs No.
Agreement No. 525-8229-5100-00-00007
Health Dept. Issued: 07/07/06
6.
Christine Malafi, County Attorney
Suffolk County Department of Law
H. Lee Dennison Building
100 Veterans Memorial Highway
Hauppauge, New York 11788
and
For the Contractor: At the address set forth on page one of this Agreement, attention
of the person who executed this Agreement or such other designee as the parties
may agree in writing.
Indemnification
The Contractor shall indemnify and hold harmless the County, its consultant (if any), employees,
agents and other persons from and against all losses, claims, costs, judgments, liens, encumbrances
and expenses, including reasonable attorneys' fees, arising out of the acts or omissions or
negligence of the Contractor, its agents, employees subcontractors or consultants in connection with
the Services described or referred to in this Agreement.
Insurance
a. The Contractor agrees to procure, pay the entire premium for and maintain throughout the
term of this Agreement, insurance in amounts and types specified by the County. The
Contractor agrees to require that all of its subcontractors, in connection with work performed
for the Contractor related to this Agreement, procure, pay the entire premium for and maintain
throughout the term of this Agreement insurance in amounts and types equal to that specified
by the County for the Contractor. Unless otherwise specified by the County and agreed to by
the Contractor, in writing, such insurance will be as follows:
i. Commercial General Liability insurance, including contractual liability coverage, in
an amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily
injury and Two Million Dollars ($2,000,000.00) per occurrence for property damage.
ii. Automobile Liability Insurance (if any vehicles are used by the Contractor in the
performance of this Agreement) in an amount not less than Five Hundred Thousand
Dollars ($500,000.00) per person, per accident, for bodily injury and not less than One
Hundred Thousand ($100,000.00) for property damage per occurrence; and
iii. Worker's Compensation and Employer's Liability insurance in compliance with all
applicable New York State laws and regulations and Disability Benefits insurance, if
required by law. Contractor shall furnish to the County, prior to its execution of this
Agreement, the documentation required by the State of New York Workers'
Compensation Board of coverage or exemption from coverage pursuant to 9957 and
220 of the Workers' Compensation Law. In accordance with General Municipal Law
9108, this Agreement shall be void and of no effect unless the Contractor shall
provide and maintain coverage during the term of this Agreement for the benefit of
such employees as are required to be covered by the provisions of the Workers'
Compensation Law.
b. All policies providing such coverage shall be issued by insurance companies with an A.M.
Best rating of A- or better.
c. The Contractor shall furnish to the County Declaration Pages for each such policy of
insurance and upon request, a true and certified original copy of each such policy, evidencing
compliance with the aforesaid insurance requirements. In the case of commercial general
liability insurance, the County of Suffolk shall be named as an additional insured and the
Contractor shall furnish a Declaration Page and endorsement page evidencing the County's
status as an additional insured on said policy.
7.
Page 5 of 9 Pages
. Law Rev. 12/29/04; Law No. 06-HS
Independent Contractor/Pump Out Boat
Town of South hold
IFMS No.
Agreement No. 525-8229-5100-00-00007
Health Dept. Issued: 07/07/06
d. All such Declaration Pages, certificates and other evidence of insurance shall provide for the
County of Suffolk to be notified in writing thirty (30) days prior to any cancellation, nonrenewal
or material change in said policies. Such Declaration Pages, certificates, policies and other
evidence of insurance and notices shall be mailed to the Department at its address set forth
in the paragraph entitled "Notices and Contact Persons" or at such other address of which the
County shall have given the Contractor notice in writing.
e. If the Contractor is a town or other municipal corporation and has a self-insurance program
under which it acts as a self-insurer for any of such required coverage, it may provide self-
funded coverage and certificates or other evidence of such self-insurance in lieu of insurance
issued by insurance companies.
8. Cooperation on Claims
Each of the parties hereto agrees to render diligently to the other party, without additional
compensation, any and all cooperation, that may be required to defend the other party, its employees
and designated representatives against any claim, demand or action that may be brought against the
other party, its employees or designated representatives in connection with this Agreement.
9. No Default
The Contractor warrants that it is not in arrears to the County upon debt or contract and is not in
default as surety, contractor or otherwise on any obligation to the County.
10. G ratu ities
The Contractor represents and warrants that it has not offered or given any gratuity to any official,
employee or agent of Suffolk County or New York State or of any political party, with the purpose or
intent of securing an agreement or securing favorable treatment with respect to the awarding or
amending of an agreement or the making of any determinations with respect to the performance of
an agreement, and that the signer of this Agreement has read and is familiar with the provisions of
Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code).
11. Contractor'sNendor's Public Disclosure Statement
The Contractor represents and warrants that Contractor has filed with the Comptroller of Suffolk
County the verified public disclosure statement required by Suffolk County Administrative Code
Section A5-? and shall file an update of such statement with the said Comptroller on or before the
31 st day of January in each year of this Agreement's duration. The Contractor acknowledges that
such filing is a material, contractual and statutory duty and that the failure to file such statement shall
constitute a material breach of this Agreement, for which the County shall be entitled, upon a
determination that such breach has occurred, to damages, in addition to all other legal remedies, of
fifteen percent (15%) of the amount of the Agreement.
12. Child Sexual Abuse Reporting Policy
The Contractor agrees to comply with Chapter 577, Article IV, of the Suffolk County Code, entitled
"Child Sexual Abuse Reporting Policy", attached hereto as part of this Agreement and made a part
hereof, as now in effect or amended hereafter or of any other Suffolk County Local Law that may
become applicable during the term of this Agreement with regard to child sexual abuse reporting
policy.
13. Living Wage Law
This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that,
unless specific exemptions apply all employers (as defined) under service contracts and recipients of
County financial assistance, (as defined) shall provide payment of a minimum wage to employees as
set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the
Suffolk County Living Wage Law of the County of Suffolk.
Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate
circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for
violations of this Law.
Page 6 of 9 Pages
. Law Rev. 12/29/04; Law No. 06-HS
Independent Contractor/Pump Out Boat
Town of South hold
14.
15.
16.
17.
18.
IFMS No.
Agreement No. 525-8229-5100-00-00007
Health Dept. Issued: 07/07/06
Independent Contractor
It is expressly agreed that the Contractor's status hereunder is that of an independent contractor.
Neither the Contractor nor any person hired by the Contractor shall be considered employees of the
County for any purpose.
Certification
The parties to this Agreement hereby certify that, other than the funds provided in this Agreement
and other valid Agreements with the County, there is no known personal, business, commercial,
professional, economic, or financial relationship between the parties, the signatories to this
Agreement, and any partners, members, directors, or shareholders of five percent (5%) (or more) of
any party to this Agreement.
No Assignment
The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of this Agreement, or
any of its right, title or interest therein, or its power to execute this Agreement, or assign all or any
portion of the monies that may be due or become due to the Consultant under the terms of this
Agreement, to any other person or corporation, without the prior consent in writing of the County, and
any attempt to do any of the foregoing without such consent shall be of no effect.
Severability
It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any
person or circumstance, shall be held invaiid or unenforceable to any extent, the remainder of this
Agreement, or the application of such term or provision to persons or circumstances other than those
as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and
provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law.
Non-discrimination in Services
During the performance of this Agreement:
a. The Contractor shall not, on the grounds of race, creed, color, national origin, sex, age,
disability, Vietnam Era Veteran status or marital status:
i. Deny any individual any service(s) or other benefits provided pursuant to this
Agreement;
ii. Provide any service(s) or other benefits to an individual which are different, or are
provided in a different manner, from those provided to others pursuant to this
Agreement;
iii. Subject an individual to segregation or separate treatment in any matter related to the
individual's receipt of any service(s) or other benefits provided pursuant to this
Agreement;
iv. Restrict an individual in any way in the enjoyment of any advantage or privilege
enjoyed by others receiving any service(s) or other benefits provided pursuant to this
Agreement;
v. Treat an individual differently from others in determining whether or not the individual
satisfies any eligibility or other requirements or condition which individuals must meet
in order to receive any aid, care, service(s) or other benefits provided pursuant to this
Agreement.
b. The Contractor shall not utilize criteria or methods of administration which have the effect of
subjecting individuals to discrimination because of their race, creed, color, national origin,
sex, age, disability, Vietnam Era Veteran status or marital status, or have the effect of
defeating or substantially impairing accomplishment of the objectives of this Agreement in
respect to individuals of a particular race, creed, color, national origin, sex, age, disability,
Vietnam Era Veteran status or marital status, in determining:
i. The types of service(s) or other benefits to be provided, or
Page 7 of 9 Pages
. Law Rev. 12/29/04; Law No. 06-Hs
Independent Contractor/Pump Out Boat
Town of South hold
IFMs No.
Agreement No. 525-8229-5100-00-00007
Health Dept. Issued: 07/07/06
ii. The class of individuals to whom, or the situations in which, such service(s) or other
benefits will be provided,
iii. The class of individuals to be afforded an opportunity to receive services.
19. Nondiscrimination Related to Persons with Aids or HIV-Related Medical Conditions
The Contractor shall not discriminate in the admission, care, treatment, employment, and
confidentiality of persons with AIDS or HIV-related medical conditions. If the Contractor is found to
have discriminated or to have breached the confidentiality of AIDS-related medical records, he/she/it
will be required to implement remedial plans, including staff education, to prevent future incidents.
The County will terminate this Agreement in cases of repeated violations or refusals to comply.
20. Entire Agreement
It is expressly agreed that this instrument represents the entire agreement of the parties and that all
previous understandings are merged in this Agreement.
21. No Oral Changes
No modification of this Agreement shall be valid unless written in the form of an Addendum or
Amendment signed by both parties.
End of Text for Exhibit A
Page 8 of 9 Pages
_ Law Rev. 12/29/04; Law No. 06-HS
Independent Contractor/Pump Out Boat
Town of South hold
IFMS No.
Agreement No. 525-8229-5100-00-00007
Health Dept.lssued: 07/07/06
Exhibit B
Provision of Services
1. Services
The pump-out vessels, procured by the Contractor, shall be operated and maintained by the
Contractor in such a manner as to ensure access thereto by any and all vessels desiring to utilize the
services of such pump-out vessels without regard to the residency of the owner and/or operator of
said vessels.
2. Reports
a. The Contractor shall submit an annual report to the Department for the duration of this
Agreement by the end of each calendar year certifying that all terms and conditions have
been met. This annual report shall include a summary of the following:
(a) number of boats serviced
(b) gallons pumped
(c) operational difficulties
(d) methods of final disposal
(e) strategies for future activities
c. The Contractor shall also submit any additional information to the Department, as may be
requested by the Department from time to time.
End of Text for Exhibit B
Page 9 of 9 Pages
EXHIBIT C
Intro. Res. No. 1358-2000
Introduced by Legislators Levy, Carpenter
Laid on Table 3/28/2000
RESOLUTION No.3 B I -2000, AMENDING THE
_200lLCAE'I'lALPTmGRAM AND BUDGET AND
(/- APPROPRIATING FUNDS --FOR. THE PURCHASE
, OF PUMP OUT VESSELS FOR USE BY TOWNS
""--'.AND_VILLAgES WITHIN SUFFOLK COUNTY (CP
8229.510)
WHEREAS, pleasure boats and other vessels are required to have installed self
contained sanitary systems to prevent overboard discharges of septic waste; and
WHEREAS, shore-side pump out facilities are not readily available at many
anchorage's and marinas to allow for convenient disposal of septic waste; and
WHEREAS, mobile pump out vessels can help to improve the water quality in the
County's bays and estuaries by providing a convenient mechanism for vessels to pump
. out septic waste reducing overboard discharges and enhancing water quality; and
WHEREAS, the County Legislature wishes to establish an incentive program for
towns and villages to purchase pump out vessels in an effort to improve water quality
and diminish the negative effects to humans and marine life caused by pollution; and
WHEREAS, the 2000 Capital Program and Budget does not include any funding
for the purchase of pump out vessels; and
WHEREAS, it is necessary to amend the 2000 Capital Program and Budget to
include $200,000 in county and local town or village funding for the purchase of pump
out vessels; and
WHEREAS, Resolution No. 571-1998 established a priority ranking system for
funding capital projects and Resolution 209-2000 strengthened and affirmed the
continued use of the ranking system as the basis for funding capital projects; and
WHEREAS, the County Legislature, by resolution of even date herewith, has
authorized the issuance of $100,000 in Suffolk County Serial Bonds and $100,000 in
local matching funds for the purchase of pump out vessels, now, therefore be it
RESOLVED, that it is hereby determined that this project receive a priority
ranking of 62 in accordance with the provisions of Resolution 571-1998; and, be it further
RESOLVED, that the 2000 Capital Program and Budget be and they are hereby
amended as follows:
Proiect No. 1736
Proiect Title: Improvements to Exterior Lighting
Cost Elements Total Estimated Current 2000 Revised 2000
Cost Capital Program Capital Program
and Budget and Budget
3. Construction $400,000 $200,000 B $100,000 B
6. Total $440,000 $240,000 $140,000
Proiect No. 8229
Proiect Title: Purchase of Pump Out Vessels
Cost Elements Total Estimated Current 2000 Revised 2000
Cost Capital Program Capital Program
and Budget and Budget
5. Furniture & $200,000 $0 $100,000 B
Equipment $100,000 L
6. Total . $200,000 $0 $200,000
and, be it further .
RESOLVED, that the proceeds of $100,000 in Suffolk County Serial Bonds and
$100,000 in local assistance funding be and they hereby are appropriated as follows:
Proiect No.
525-CAP-CAP-82031
Ref.No.525-8229.510
Proiect Title
Purchase of Pump Out Vessels
Amount
$200,000
and, be it further
RESOLVED, that the Suffolk County Department of Health Services Division of
Environmental Health shall be responsible for purchasing pump out vessels for use
within Suffolk County provided that at least 50% matching funds are provided by local
towns and! or villages for the purchase of these vessels. Said local jurisdictions shall be
responsible for operating and maintaining these vessels.
DATED: HAY 0 9 2000
APPROVED BY:
~o~^
County Executive of suffoikCounty
Date of Approval: S \">-31 w
Siif:fIJLK CUU!"q Y
County Legislature
RlVERHEAD, NY
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County Legislature of the County of Suffoik, have compared the roregoing
copy of resolution with the original resolution now on file in this office, and
which was duly adopted by the COWlty Legislature of said County on
Nay 9, 2000, and that the sarae is a true and correel transcript
of said resolution and orthe whole thereof.
IN WITNESS WHEREOF, I have herewllo set my hand and the
official seal of the County Le islature of the County of Suft<
I' ..
Intro Res. No 1596-2001
Introduced by Legislator Carpenter
-
EXHIBIT 0
Laid on Table 6/26/2001
RESOLUTION
PROCEDURES
VESSELS
NO. 756 2001,
FOR PURCHASE
TO MODIFY
OF PUMP-OUT
WHEREAS, Resolution 381-2000, "Amending the 2000 Capital Program and
Budget and Appropriating Funds for the Purchase of Pump Out Vessels for Use by Towns and
Villages within Suffolk County (CP 8229.510)," appropriated $100,000.00 in Suffolk County
Serial Bonds to be matched by those Towns and Villages interested in jointly securing pump-out
vessels for use in Suffolk County; and
WHEREAS, local jurisdictions are now willing to provide the matching funds and
make the purchases; now, therefore be it
1st RESOLVED, that the last RESOLVED clause of Resolution No. 381-2000 is
hereby amended to read as follows:
4th RESOLVED, that the Suffolk County Department of Health Services
Division of Environmental Health shall [be responsible for purchasing pump out
vessels for use within Suffolk County provided that at least 50% matching funds
are provided by local towns and/ or villages for the purchase of these vessels]
issue a request for applications (RFA) to towns and villages for new pump-oul
vessels and then review the applications submitted in response to the RFA to
ensure quality control for the requested pump-out boats, in conformity with
criteria to be established by the Commissioner of the County Department of
Health Services. The County Department of Health Services shall reimburse
those towns and/or villages whose applications have been accepted by the
County Department of Health Services and which submit a certified resolution to
the County of Suffolk committing to payment of at least 50 per cent of the cost of
the purchase of such vessels as shall conform to the above described criteria.
Funds shall be allocated in the order in which the towns or villages comply with
the eligibility requirements of this Resolution. Said local jurisdictions shall be
responsible for operating and maintaining these vessels.
2nd RESOLVED, that the following 5th and 6th RESOLVED clauses shall be added
to Resolution No. 381-2000:
5th RESOLVED, that pump-out vessels purchased pursuant to this
Resolution shall be operated and maintained in such a manner as to ensure
access. thereto by any and all vessels desiring to utilize the services of such
pump-out vessels without regard to the residency of the owner and/or operator of
said vessel; and be it further
6th RESOLVED, that the County shall enter into, and the County
Executive is hereby authorized to execute, an agreement with the relevant town
and/or village for a term of years not less than the period of probable usefulness
of such pump-out vessels as set forth in the NEW YORK LOCAL FINANCE LAW
for the purpose of operating and maintaining such pump-out vessels in
accordance with the terms and conditions of this Resolution, and containing such
other terms and conditions as are acceptable to the Suffolk County Department
of Health Services and the Suffolk County Attorney
and be it further
3rd RESOLVED, that all other terms and conditions of Resolution No. 381-2000
shall remain in full force and effect; and be it further
4th RESOLVED, that this Legislature, being the State Environmental Quality Review
Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type II
action pursuant to Section 617.5(c)(20), and (27) of Title 6 of the NEW YORK CODE OF
RULES AND REGULATIONS (6 NYCR~) and within the meaning of Section 8-0109(2) of the
NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations,
rules, policies, procedures, and legislative decisions in connection with continuing agency
administration, management and information collection, and the Suffolk County Council on
Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA nolices of
determination of non-applicability or non-significance in accordance with this resolution.
[] Brackets denote deletion of existing language.
_ Underlining denotes addition of new language.
DATED: August 28, 2001
~~~
County Executive of Suffolk County
Date of Approval: q \ b \ 'C) \
This is to certify that I, HENRY L BARTON, JR., Clerk of the
County Legislature of the Counly of Suffolk, have compared tile foregoing
copy offesolution with the uriginal resolution now on file in this office and
which was duly adopted by the County Legislature of said Coun~ on
Augus t 2B, 2001, and that the same is a true and eorreetllanseripl
of said ,esolution and of the whole thereo[
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the County Le islalure of the Counly of sum
" .
EXHIBIT E
March 7, 2006
Laura Bavaro
Suffolk County Coordinator/Senior Environmental Analyst
Peconic Estuary Program; SCDHS-Office of Ecology
360 Yaphank Avenue; Suite 2B
Yaphank, NY 11980
Re; Fishers Island Pump-out Vessel Funding Request
Fishers Island, a hamlet of the town of Southold, is finishing up plans to acquire a pump-
out vessel for use in its main harbor, West Harbor, during the heavily traveled spring, summer
and fall seasons. It has successfully applied to New York State for the main portion of the funds
needed to build a pump-out vesseL See specifications and costs for the vessel attached" The
second important source of funding needed is from the Suffolk County Department of Health"
The remaining funds needed to complete the purchase will come from the town of Southold"
Background and History
During the summer the Island community of Fishers Island provides mooring and
anchorage sites for over 600 visiting boats and 50 permanent moorings for summer residents"
The effluent discharge from the visiting guests has begun to take a toll on the quality of water
which is used for fishing, swimming and water sports in our bays" Additional steps are now
needed to control the effluent discharged by cruising vessels during the warm months"
Fishers Island has no facilities for the discharge ofMSDs and, because of this; we have
been unable to obtain a No Discharge Zone certificate from the EP A in order to enforce this
program. We plan with a pump-out boat to be able to meet EPA requirements and obtain the
necessary certification" We have made arrangements with the Noank Shipyard (copy of
agreement attached) to be able to discharge the contents of the boat when it is needed.
Environmental Concerns
Fishers Island has a very important shellfish hatchery located at the mouth of West
Harbor which is in line with the direct flow of the harbor tidal waters. The need to retain this
fishery and its products in pristine waters is key to the livelihood of a number of Island year
round residents. Lobstering, clamming, and fishing for flounder, fluke, striped bass, blackfish
and porgy add to the list of important food and sport activities supporting the Island.
As reported by the Suffolk Times on January 5, 2006, the Fishers Island coastline
contains 98% of the eel grass meadows in Long Island Sound which are critical to the habitat for
bay scallops.
A copy of the application we submitted to the New York State Environmental Facilities
Corporation is attached to fulfill your application requirements. We look forward to hearing from
you and for your support on this important project.
,~
Elbert M. Burr
Chairman, Fishers Island Harbor Committee
~;&:PuW'W"b
James McMahon, Director
Director of Public Works
Town of Southold
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Director
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
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Telephone (631) 765-1283
Fax (631) 765-9015
TOWN OF SOUTHOLD
DEPARTMENT OF PUBLIC WORKS
October 18, 2005
Ms. Lisa Van Alstyne - CV AP
NYS Environmental Facilities Corporation
625 Broadway, 7th floor
Albany, New York 12207-2997
Dear Ms. Van Alstyne:
Please fmd the enclosed application by the Town of Southold for funding under the Clean
Vessel Assistance Program.
We look forward to working with the NYSDEC and the Environmental Facilities
Corporation on this very important program.
If you have any questions on the enclosed, please give me a call.
James McMahon, Director
Department of Public Works
Town of South old
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-- _.. . -- 625 Broadway
Albany, NY 12207-2997
CLEAN VESSEL ASSISTANCE PROGRAM
FINAL APPLICATION - 2005
Please refer to the enclosed instructions before completinl! this application. Please print or type.
A. Facility Contact Information
I. FACILITY INFORMATION
Name of Facility: Fishers Island Yacht Club & Marina
Street Address: West Harbor. PO Box 1111
Cityffovvn: Fishers Island
State: NY
Zip Code: Jl6390
Business Telephone: (631) 788-7036 Business Fax:
Federal ID #:
GPS Location of the facility: Latitude.:
Longitude:
2. OWNERSHIP/AUTHORlZED REPRESENTATIVE
Ownership:
Town of Southold
Type of Ownership: 0 Ind./Sole Proprietor 0 Corporation 0 PartnershiplXl Gov!.
DtOther(Providedetails) Fishers Island is a hamlet of the Town of
Southold. The vessel will be owned by Southold and used by Fishers Island.
Authorized Reoresentative:
Last Name: McMahon
First Name: James
M.1. C
Title: Director. Public Works. Town of Southold
Street Address: 53095. Main Road. PO Box 1179
Cityffown: Southold State: NY Zip Code: 11971
Telephone: (631) 765-1283 Fax: (631) 765-9015
3. CONTACT
Contact Person: Elbert M. Burr (Chairman, Fishers Island Harbor Committee)
Street Address:
PO Box 311. Peninsula Road
Cityrrown: Fishers Island
Telephone: (631) 788-71175
State: NY
Zip Code: 06390
Fax: (631) 788-7775
e-mail:ElbyBurr@OptomLine.Net..ebsile address:
B. Proiect Basic Data
Facility Tvpe: Public: ~ Private:'--:- Facilitv Accessible bv Public: YesL No
County: Suffolk Municipality: Southold
Specific WaterbodY Served: Fishers Island, West Harbor
Proiect Type: New X Renovation Replacement
Proiect Scope: Pumpout X Dump station Boat ---X- Floating restroom
Holding Tank ONLY X Piping ONLY _ Hauling Equip. _
STP Modification
Restrictions:
Vessel size limitations:
19'
Residency requirements:
Membership: .Dates of Operation: Mpmnrial Day to October 10th
Days/Hours of Operation: (3) Friday & Saturday Evenings 4-6PM, Sun. 2-4PM
Other: As needed, emergency only
Number of Vessels to be Serviced:
Seasonally Moored
60
+ Transient 500 plus
= Total 560
VHF Channel Monitored: CH9
Pumpout Fee: $ 5.00 or Free of charge _
C. Proiect Specifics;
Permit requirements:
-For constnlction of facility: In order process this application, it is necessary to have this
project reviewed for any permit requirements and submit determinations regarding these
requirements. Please see attached documents for completion and guidance.
-For the operation of the facility? Yes No
Explain:
Method of disposal of collected waste:
Connection to municipal system NA Community: NA
Holding tank Yes Name of Waste hauler:
Empty 10 existing pumpout Yes
Location: Noank, CT (No sewer System on FI)
D. Proiect Description:
Pump Out Boat on call per norman hours posted
o Attach drawing showing facility layout, location of pump out, boater access to pumpout,
sewer lines to municipal system or stonige tank, location of septic tanks/sewer hook-up,
etc., rinse water (program requirement), etc.
a Attach map showing general location ofmarinalfacility (local road map, facility brochure,
etc.) West Harbor, Fishers I sland, NY 06390
NOTE: It is a program requirement that a sign be posted providing boaters information about
the facility and crediting the program for funding.
A sign will be provided for you by EFC which will require you to complete the following
information: I) Pumpout fee [.$5 max.] 2) Hours of operation 3) Days available
4) Restrictions, if any [i.e. Attendant use only, etc.] 5) Name and telephone number or location to
contact someone in case of operational problems. [if self-service] 6) Operating instructions
This si!!n must be completed and posted bv the time of inspection.
Please initial here to indicate you understand and will comply with this requirement.~.
E. Fundine: Requested:
Item
See attached Pump Out Boat
specifications & cost estimate
Cost
$49,000.
Summary:
COST CATEGORY TOTAL COSTS
Construction $
Engineering $
Equipment $
Accessory Item $
Miscellaneous $
TOTALS $
Amount of Funding Requested: $ 35,000 (max.75%)
Amount of Matching Share: $ 14,000 (min. 25%)
Source of Matching Share: Suffolk County Dept. of Health and the Town of Southold
(Note: Source of Matching Share cannot be from other Federal moneys)
PI Estimates and price quotes have been attached to justify costs quoted above.
12!1 Please remember proof of insurance mllst be provided with the signed contract, at the latest.
NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION
625 BROADWAY
ALBANY. NEW YORK 12207-2997
Clean Vessel Assistance Program.
APPLICANT CERTIFICATION
I hereby certify that the information set forth in this application is accurate and that I have
reviewed and understand the requirements neces~"ry to obtain reimbmsement of costs
under the Clean Vessel Assistance Program for a Clean Vessel Act project at (name of
facility) . West Harbnr Fi"h..r<: i "Ianti NY . as set forth in the program
, information provided with the final application and reimbursement package, and I agree
to comply with such requirements. I also certify that I have diligently investigated and
obtained, or will obtain, all Uoen'l"", agreements, easements and permits necessary to
undertake the project prior to commencing the project. I also certify that I am in
compliance with alln-essary local, state and TederaI laws relating to the project and that
I will continue to comply with all such laws for the useful life of the project.
James McMahon.
Authorized Representative Name - Printed or Typed
Director. Public Works. T 10
Applicant Title Southold
A~*
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Date./
Janowy 2003
Page 1 00
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Sent Friday, September 2, 2005 4: 1 0 pm
To 2!~:/b:..'i:-@;O;:tc;,::i:e.;-;2't
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Subject 19' Pumpout Boat
Print E-mail
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158K 2~;li~(..lL !).o~t._;,:~!~~_~_J_S!~ j'}orl!1C;:q~st.doc
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Elbert thank you for your interest in our pumpout boats. Attached are some p'!etures of pllf1l!l e!l!11ltl:9~j
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,47,000.00 ,1,90 Johnson Four StrokEl49.000.00 Pnce sl!bJec! to thange If ordered after any pnte changes.
~id. Au(ette
Marine Boatbuilders Co.
PO Box 7826
Warwick, Rl 02887
401-935-0074
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Marine Boat Builders CO.
PO BOX 7826
WARWICK Rl 02887
Telephone: 401-732-1975
FAX: 401-732-4528
E-Mail: lanwg@aoLcom
Web site: wWlI'.pumpoutboats.com
Pumpout Boat Bid Specifications 19'
INTENT:
It is the intent of these specifications to describe a Pumpout vessel to be used in the
pumping out of waste from other vessels and to transport such waste to a proper
disposal facility. The Pumpout boat must meet stomIards for this type of vessel, and
bidder must be able to attach a safety Coast Guard label to each boat.
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BIDDERS QUALIFICATIONS:
Bidder must have a minimum of 35 Pumpout boats sold, delivered, accepted, arul been
paid for to the bidder by the customer. Bidder must have been in the business of
delivering finished and complete Pumpout boats, and be able to show purchase orders
and proof of delivery with contDd names and phone numbers for each boat. Pict1lres
of the boat must be sUDDlied with bid Pictures must show fua side view. full inside
view. fua toD view. and fua bottom view. If DU:tures are not Drovided bid will be
reiected
MAKE:
Marine Boatbuilders CO. Pump- Kleen
WARRANTY:
5 year structural hull warranty as long as the boat is used for marine waste only. 10
year on containment celL
DIMENSIONS:
Overall Length:
Beam:
Draft:
Transom height:
Horse Power:
19' not including added platforms, or pulpits.
7'10 1/2" without fender system, or rub raiL
10" lightship
12" Fua load 300 gallons of waste
10 degrees
12 degrees
High density foam "E" glass. The resin is to be
thermostat polyester 2"thick. Core samples to be supplied.
25"
Must be Coast Guard approved for moximum of 180HP.
Dead mse:
Transom angle:
Transom:
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MARINE BOATBUILDERS CO. PUMPOUT BOAT page, 2
Weight:
Holding tank:
1,600 pounds (lightship)
230 gallons
MODIFIED V HULL DESIGN:
The hun sludl be a modified V hun with a concave bottom, not convex: Hun shall meet
the above specifications listed under SPECIFICATIONS. The boat shall not yaw in a
following SelL The hun shall be constructed of hand loid woven, roving, and gun
roving. AU fiberglasses are to be liE" glass and resin themw set polyester. The gelcoat
is to be ISO NPG themw set gelcoat The transom shall be a composite
laminate. There is to be NO wood in the transom, or stringer system
CONTAINMENT CELL:
Afiberglass 230-gallon holding tank shall be built into the hull The containment cell
shall to be built completely below the water line. No part or parts of the holding shall
be above the floor. The containment shall have five baffles, 5 layers of fiberglass that
include -I layers of 18 oz, Goth. The Edson pump that runs the sewage ttink shall be
located completely under the center console, including all plumbing. The vent shall be
located on the outside of the stDrboard side of the boat This shall allow the bow of the
boat to have NO trip hazmds and much more needed working space. You must summit
a signed letter from a certified Navel Engineer on the IIIIlXimum capacity of the
holding tank. Tank shall have an ahum connected to the center console that sounds
when the thank is fun
PUMP FOR CONTAINMENT CELL:
The pump sludl be located under the center console. This includes all plumbing and
vents. An Edson electric bone dry# 27BEB-40 mounted under Center Console.
DECK and Floor
Deck floor shall be free from any trip lwzards. This shall include the lip of any
containment cell, any pumps, or plumbing including vents. Deck must contain two (2)
stowage areas in the stern, and one under the seat The seat stowage must have a
cushion attJu:hed to be used as a leaning post, with at least one adjustable shelve.
There must be stowage areas in the bow; all stowage areas and the components that
nwke up the stowage areas must be fiberglass. No wood components win be accepted.
The deck shall be self-bailing with tonk empty. The deck shall have a freeboard of
26"in the bow, and 20" in the stern. There shall be NO WOOD in the deck. Thefloor is
made offiberglass composite. There is NO WOOD in our floor.
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Marine Boatbuilders Co
Pump out Boat page#3
FOAM FLOTATION:
Two-part thermostat foam shall be injected between the floor and hull in areas not
occupied by tankage and other equipment
CENTER CONSOLE
The center console shall be large enough to house the entire containment pump,
including all plumbing and vents. Console shall have a compass and a 7-panel circuit
breaker.
FUEL TANK:
The fuel tank shall be 30 gallons, and mounted under the floor. No tank mounted
on the floor or deck wiU be acceDted.
FENDER SYSTEM:
A complete all roundfender system using 6"x15" PoUy fenders. Secured by 3116"
stainless conted lifeline, attached to the hull using stainless steel 5116" U clamps.
ACCESSORIES:
One (1) raw water wash down, with 25' hose.
AU wires from motor to center console through a 4" PVC pipe under the center
console. The PVC pipe shall have a transom drain on the outside of the transom so it
may be drained for winter storage, and, or ordinary maintenance.
An 11 OOgpm automatic bilge pump shall be installed in the hull at the stern with a 2"
through hole to the starboard side of the hulL
Boat shall have a coast guard approved safety package.
Boat slu1l1 have 2 two, 3" stainless steel bow qe and to transom tie downs.
Boat shall have four (4) six (6" inch cleots aft and midship and one ten (10'') cleat in
the bow. Bow Oeat Chalks. and Runninl! lil!hts shall be S/S pop ups. AU cleots shall
be reinforced bv fibert!lass backinl! plates.
Boat shall be bottom painted with black bottom paint
Boat shall have fuU coast guard package.
Boat shall include a compass, mounted on center console.
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October 13, 2005
Mr. Elbert Burr
50 Deepwood Road
Easton, CT 06612
Re: Fishers Island Pump Out Boat
Dear Mr. Burr,
Noank Shipyard, Inc. shall give permission for the F.I. pump out boat to use the pump out
facilities at Noank Shipyard to offload waste for the 2006 boating season.
After evaluating our sewage charges with the town of Groton, we have determined that a
fee of $520.00 for the 2006 boating season will be charged to the Fishers Island pump out boat.
If you have any question or concerns, please feel free to contact me.
Cyj~
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Daniel S. Bums
General Manager
Noank Shipyard, Inc.
NOANK
SHIPYARD
SEA P 0 R T
MARINE
145 Pearl Street Noank cr 06340. 860.536.9651
VHF Channel 9 . noankship@aoLcom
....
2 Washington Street Mystic CT 06355 860.536.9681
VHF Channel 9. noankship@aol.eom
www.noankshipyard.com
4
SUFFOLK COUNTY DEPARTMENT OF LABOR
LIVING WAGE UNIT
GRANT OF EXEMPTION OF LIVING WAGE REQUIREMENTS
Livin Wa e Law, Suffolk County Code Cha ter 347 2001)
To Be Com leted B Livin Wa e Unit
APPLICANT NAME: Town of South old
DATE: August 4,2006
CONTRACT #: 525-8229-5100-00-0000,7
TELEPHONE #: 631 765-1283
ADDRESS: P,O. Box 1179
South old, NY 11971
CONTACT: James McMahon
AWARDING AGENCY: SCDHS
Amount: $7,000.00
CONTACT: Michelle Rosen
BASIS FOR EXEMPTION
CONFLICT WITH STATE OR FEDERAL REGULATIONS
SUMMER YOUTH / SCHOOL-TO-WORK EMPLOYER
NON-PROFIT ORGANIZATION ~ HIGHEST WAGE
NON-PROFIT ORGANIZATION ~ ECONOMIC HARDSHIP
NON-PROFIT ORGANIZATION ~ SEASONAL EMPLOYEES
x
SPECIFIC EMPLOYEE - NON APPLICABILITY
DATE EXEMPTION GRANTED: 8/4/06
PERIOD OF EXEMPTION: 1 year
COVERED EMPLOYEES: 2 Emolovees
OR TITLES:
(Signature of Authorizing Offic al)
8/4/06
(Date)
LW-IO
Suffolk County Form SCEX 22
Contractor'sNendor's Public Disclosure Statement
Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure Statement
must be completed by all contractors/vendors that have a contract with Suffolk County. In the event
contractor/vendor is exempt from completing paragraphs numbered 1 through 11 below, so
indicate at paragraph number 12 below setting forth the reason for such exemption.
Notwithstanding such exempt status, you must execute this form below before a notary
public.
1. Contractor'sNendor's Name:
Address:
City and State: Zip Code:
2. Contracting Department's Name: Suffolk County Department of Health Services
Address: 225 Rabro Drive East, Hauppauge, New York 11788
3. Payee Identification or Social Security No.:
4. Type of Business: Corporation Partnership Sole Proprietorship Other
5.a Is contractor/vendor entering into or has contractor/vendor entered into a contract with Suffolk
County in excess of $1 ,ODD? Yes No.
5.b Has contractor/vendor entered into three or more contracts, including the one for which you
are now completing this form, with Suffolk County, any three of which, when combined, exceed
$1,000? Yes No. If you answered yes to either part 5.a or S.b, you must
complete parts 6 through 9. In any event YOU must complete items 10 and 13.
6. Table of Organization. List names and addresses of all principals; that is, all individuals serving
on the Board of Directors or comparable body, names and addresses of all partners, and
names and addresses of all corporate officers. Conspicuously identify any person in this table
of organization who is also an officer or an employee of Suffolk County. (Attach additional
sheet if necessary).
7. List all names and addresses ofthose individual shareholders holding more than five percent
(5%) interest in the contractor/vendor. Conspicuously identify any shareholder who is also an
officer or an employee of Suffolk County. (Attach additional sheet if necessary).
8. Does contractorlvendor derive 50% or more of its total revenues from its contractual or vendor
relationship with Suffolk County? Yes No.
9. If you answered yes to 8 above, you must submit with this disclosure statement, a complete
financial statement listing all assets and liabilities as well as a profit and loss statement. These
statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.)
10. The undersigned shall include this Contractor'sNendor's Public Disclosure Statement with the
contract. (Describe general nature of the contract.)
11. Remedies. The failure to file a verified public disclosure statement as required under local law
shall constitute a material breach of contract. Suffolk County may resort, use or employ any
remedies contained in Article II of the Uniform Commercial Code of the State of New York. In
addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a
breach has occurred, to damages equal to fifteen percent (15%) of the amount of the contract.
Page 1 of 2
}
12.
If you are one of the entities listed below at a) through c) or you qualify under d) below, you
are exempt from completing paragraphs numbered 1 through 11 herein:
a) Hospital
x b) Educational or governmental entities
c) Not-for-profit corporations
d) Contracts providing for foster care, family day-care providers or child protective
services
Please check to the left side of the appropriate exemption.
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13. Verification. This section must be signed by an officer or principal of the contractor/vendor
authorized to sign for the company for the purpose of executing contracts. The undersigned
being sworn, affirms under the penalties of perjury, that he/she has read and understood the
foregoing statements and that they are, to his/her own k~ledge, true.
Dated: 8/16/2006 Signed: ~~JI/
Printed Name of Signer: S,",ott"A. Russell
Title of Signer: Snpervi sor
Name of ContractorNendor: Town of Southo1d
UNIFORM CERTIFICATE OF ACKNOWLEDGMENT
(Within New York State)
STATE OF NEW,YORK)
COUNTY OF ~\-t1l \k... ) ss.:
On the.!.2- day of Auqust in the year 2006 before me, the undersigned, personally
appeared Scott A. Russell personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies)
and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of
which the individual(s) acted, executed the instrument.
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ffice of individual taking acknowledgment)
BONNIE J. DOROSKI
Notary Public, Slale Of New'Me
No.OlD06095328.Suffol~CJlunty
Term Expires July 7, 20~
UNIFORM CERTIFICATE OF ACKNOWLEDGMENT
(Without New York State)
STATE OF
COUNTY OF
)
) ss.:
On the _ day of in the year 2006 before me, the undersigned, personally
appeared personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies)
and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of
which the individual(s) acted, executed the instrument.
(signature and office of individual taking aCknowledgment)
Page 2 of 2
. Suffolk County, New York
,Department of Labor
SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIATION UNIT
UNION ORGANIZING CERTIFICATION/DECLARATION - SUBJECT TO AUDIT
If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the
contractor's/beneficiary's business or transaction with Suffolk County, the contractor/beneficiary must
complete Sections I, III, and IV below. If the following definitions do not apply, the contractor/beneficiary must
complete Sections II, III and IV below. Completed forms must be submitted to the awarding agency.
County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services
pursuant to a written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant;
pursuant to a Suffolk County program; pursuant to a Suffolk County reimbursement for services provided in any
calendar year; or pursuant to a subcontract with any of the above."
Section I
The Union Organizing Law applies to this contract. I/we hereby agree to comply with all the provisions
of Suffolk County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as
such shall not use County funds to assist, promote, or deter union organizing (Chapter 466-3 A), nor
seek reimbursement from the County for costs incurred to assist, promote, or deter union organizing.
(Chapter 466-3 B)
Check if
I/we further agree to take all action necessary to ensure that County funds are not used to assist,
promote, or deter Applicable union organizing. (Chapter 466-3 H)
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I/we further agree that if any expenditures or costs incurred to assist, promote, or deter union
organizing are made,
I/we shall maintain records sufficient to show that no County funds were used for those expenditures
and, as applicable, that no reimbursement from County funds has been sought for such costs.
I/we agree that such records shall be made available to the pertinent County agency or authority, the
County Comptroller, or the County Department of Law upon request. (Chapter 466-3 I)
I/we further affirm to the following:
. I/we will not express to employees any false or misleading information that is intended to influence
the determination of employee preferences regarding union representation;
. I/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a
bargaining representative;
. I/we will not require an employee, individually or in a group, to attend a meeting or an event that is
intended to influence his or her decision in selecting or not selecting a bargaining representative;
. l!we understand my/our obligation to limit disruptions caused by prerecognition labor disputes
through the adoption of nonconfrontational procedures for the resolution of prerecognition labor
disputes with employees engaged in the production of goods or the rendering of services for the
County; and
. I/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent,
to ensure the efficient, timely, and quality provision of goods and services to the County. IIwe shall
include a list of said procedures in such certification.
I/we further agree that every County contract for the provision of services, when such services will be
performed on County property, shall include a requirement that I/we adopt a reasonable access
agreement, a neutrality agreement, fair communication agreement, no intimidation agreement, and a
majority authorization card agreement.
I/we further agree that every County contract for the provision of human services, when such services
are not to be performed on County property, shall include a requirement that I/we adopt, at the least, a
neutrality agreement.
I/we understand that the efficient, timely, and nondisruptive provision of goods and services is a
paramount financial interest of the County of Suffolk and as such, the County expects the potential
County contractor to protect the County's financial interest by adopting nonconfrontational procedures
for the orderly resolution of labor disputes, including, but not limited to, neutrality agreements, majority
authorization card agreements, binding arbitration agreements, fair communication agreements,
non intimidation agreements, and reasonable access agreements.
DOL-L01 (6/05)
Suifolk County, New York
..Department of Labor
.
Section II
The Union Organizing Law does not apply to this contract for the following reason(s):
D
Check if
Applicable
Section III
Contractor Name:
Town of Southold
Federal Employer 10#: 11-6001939
Contractor Address: PO Box 1179
Southold, NY 11971
Amount of Assistance: $ 7 0 0 0
Vendor #:
Contractor Phone #: (631) 765-1283
Description of project or service: Pump Out Boat (Fishers Island)
Section IV
I declare under pen y of perjury under the Laws of the State of New York that the undersigned is authorized to provide
this certification, a that the above is true and correct.
August 16, 2006
Date
Scott A. Russell, Supervisor
Print Name and Title of Authorized Representative
DOL-L01 16/0S)