* School Budget Vote & Board Election Deadlines: [See S I Reporter 5/1 for details]
            Monday, April 21^st – Candidate Petitions due to School District Secretary

            Sunday, May 4^th, 2:00 pm to 5:00 pm at the School – LWVSI Candidate Forum
            Monday, May 12^th, 7:00 pm at the School – Public Hearing on Budget

            Tuesday, May 20th 12:00 pm - 8:00 pm at the School – Vote

Absentee Ballots are available from the School District Clerk 7 days prior to the vote (5/13) and must be received by the district clerk by 5:00 pm on the day of the election.

 All members of the Town Council were present at Tuesday’s Town Board Work Session as were the Town Clerk, Attorney and a small group of Shelter Islanders and guests.  Supervisor, Jim Dougherty, opened with two 4-Poster announcements

            * News from NY Assemblyman Marc Alessi and Senator Ken La Valle that NY state would send $100K to Cornell for the study;

            * Receipt of a petition signed by 1,380 Shelter Island residents supporting the program, which had been collected in the Summer and Fall of 2006 but not submitted to the Town because of the program’s approval.  It was delivered to Mr. Dougherty after last week’s discussion and reference to a petition presented by Richard Kelly citing 71 signatures in opposition.

 

Dark Skies Presentation – Susan Harder began with a review of her work with Dark Skies – she is a lighting designer, a 10-year Dark Skies volunteer, NY representative to the international Dark Skies association and work with the Montauk Conservancy.  She also noted that she has made this presentation to LIPA, many towns and cities (including New York) and has worked on legislation, most recently with Southampton, Southold and Patchogue.

            Her presentation on the economic and environmental effects of light pollution is summarized below; she is committed to it and would very much like to work with Shelter Island.

            * A satellite photo showed that the world is never all dark or all light and that those who live on Shelter Island are among only 1/3 of the people in the U.S. who can see the Milky Way because of “sky glow.”

            * This creates ecological disturbances and human health concerns – resulting air pollution, interruption of bird migration, turtle survival, algae growth in water, distracting glare that cause accidents, especially to drivers, sleep disturbance – but can be reversed without sacrificing either safety or security and with cost efficiency, as it is being done in the city of Tucson.

            * European cities are leading the way... LIPA offers free light shielding service on utility poles to customers, which she recommends Shelter Island explore.

            * Distribution of material on good lighting practices, noting that manufacturers will execute plans at no cost to customers.

            * Recommended regulations for towns, including Shelter Island – 1) set policy & fund retrofits; 2) use only shielded fixtures to direct light downward; 3) produce and distribute  educational materials; 4) enact legislation to address citizens’ complaints.

            She also noted that “glare buster” fixtures are economical and result in significant energy and cost savings, making the point in conclusion that the problem is serious to flora, fauna and humans and  the solution is simple and cost effective.

            Councilwoman and Deputy Supervisor, Chris Lewis – who had initiated the invitation – asked for sample legislation from previously mentioned East End and LI towns, which Ms. Harder will supply.  Councilman, Glenn Waddington asked if lighting of private docks was covered in Town codes and Councilman, Peter Reich, affirmed.  Supervisor Dougherty asked Police Chief, Jim Read, to comment on the assertion that lighting does not deter crime and may, in fact, do the reverse.  Chief Read said that “with appropriate lighting crime could be deterred without lighting the sky,” and noted that shielded lights were used in the Police Department parking lot.  Mr. Dougherty, noting that the Town spends some $100K annually for lighting – $40K of which Councilman, Ed Brown pointed out is LIPA fuel surcharges – recommended a review of Shelter Island street lights.  He concluded that the Town Council will address the issue and will be discussing it with the community.

Bridge Street Park Design – Vicki Weslek [?], who head the Town’s committee on the park’s design, presented its recommendation, which she characterized as “simple but aesthetic” and can be seen in detail on Channel 22 and the Town’s website.

Described as environmentally friendly, the ground is gravel set in gravel paving, water needs will be met with roof run off held in an underground water tank and lighting will be powered by solar panels.  Sixteen guidelines were set and all but a play area for children, which couldn’t be accommodated because of the small size, were met – they include a boardwalk to provide water views, gazebo(s) for shelter, benches and picnic tables, access for fishing, a bike rack, indigenous and/or “tolerant” plantings as well as a welcome sign, a fence of graduated height to mask a shed on the adjoining property, a shed to house solar-powered electrical needs, fences, safety railings and unrestricted passage for Fire Department access.

            Hoot Sherman asked about the width of the boardwalk and if it could be driven on, opening  discussion of access to fire trucks, which cannot by supported by the boardwalk.  While that site has never been used to draw water, it was noted by Christine Cunningham that fire department primarily used that area to deliver men and equipment to fire boats.  Laying an underwater pipe connected to a fire hydrant was also mentioned, but it was decided that the best solution was to remove part of the Dering Harbor side of the boardwalk.

            Ms. Weslek noted that the committee was working on the budget – within the parameters of the $125K grant – but that consensus on or approval of the design was necessary to go forward.  It was given.

WAC Report on Water Table – Hoot Sherman reported on Water Advisory Committee’s findings through the end of March, based on eights sites, USGS monthly water table measurements and 12+ years of monthly well test data (starting in 1974) --

                * Water Table is 20% - 25% below average for last 12-15-year period, but rising.  “While it’s lower than it has been,” he said, “it’s not anywhere near the near-drought levels of 1994.  It’s not in too bad of shape, and its coming up,” he concluded.  He also noted that another report is due in a month and the WAC will have recommendations – including for restrictions, if any –  then.

            Glenn Waddington asked if there had been testing for permethrin, which apparently had been the case in Hay Beach and on Tuthill Drive on Ram Island, with none found but a report of “traces of prescriptive drugs and things like that.”      

DiGregorio Resolution – It was decided to adopt the resolution with “minor changes” after a discussion opened by Ed Brown’s comment that he didn’t see the need to remove the under base of concrete beneath the gazebo because there was enough mitigation and that it represented an “undue cost to a taxpayer.”  Chris Lewis suggested requiring that mitigation on future work or repair, if any, and Peter Reich asked about specifying the size of the drywell and brickwork at the pool in the event of future work or repair.  Ed Brown suggested that a caveat be added that the area around the pool is to remain pervious but not specifically addressing bricks.

Discussion of April 14^th Public Meeting/Community Housing Law  – All members of the Town Council attended the hearing, but no response was reported to date, although some questions had been raised.  Jim Doughterty characterized it as “a good forward step,” and Glenn Waddington suggested that a meeting [with the committee?] should be scheduled to address those issues – unclear property size, coordination of application levels with needs assessment, “scare” issue of influx into schools, which, it was noted is made moot by residency requirements.  Hoot Sherman spoke to updating the 2006 “needs” report by revisiting applicants to validate numbers.  Chris Lewis suggest that scheduling a public hearing should be pushed further into May [from the May 9^th date requested by Chairwoman, Mary-Faith Healey at her April 2^nd presentation].

Draft Law re: Retaining Walls – More discussion was added to that of the last three Town Board Work Sessions with the conclusion that more information is needed from the ZBA.  Ed Brown said he “didn’t necessarily see the need for such a type of law” and felt the Planning Board’s [unwritten] recommendations were realistic.  There was back-and-forth comment on defining “original grade,” the need for engineer oversight, incorporation as part of setback regulations covered by fence laws, conflicting requirements (with Health Department re septic tank elevation) and the need for thresholds.  Shelter Islander, Tom [Cronin?] argued for individualized approach and averred that the ZBA says the town has restricted its discussion and called for Building Department enforcement of existing law/codes.

Palminteri Wetlands-Completeness – An application regarding a stop-action issued after a Building Department discovery of the collapse of a deck restricted by a Town permit approved last Fall was discussed.  In question was a deck demolished by the weight of building materials loaded on it, and Town action is required to proceed.  At issue is the distance of the proposed new deck from wetlands – previously 37' 11", now 36' 8" – as well as the size of the new deck, which measures 839 square feet.

            Mary Wilson from the Building Department said that the “new proposal is a different configuration [than the originally approved] and is larger.  Peter Reich suggested specifications for the original deck be provided and Chris Lewis wants to “walk down to look at it.”

[Perlman Music - banners & signage, characterized as “precedent setting,” was taken off the agenda posted on the Town Website prior to today’s Work Session and will be added to next week’s Session.]

OTHER BUSINESS

Highway Superintendent, Mark Ketcham attended the Work Session to discuss several points –

            1) MS-4 meetings have been or are being scheduled with the Building Department, the ZBA, Planning Board etc. to ensure that reporting requirements – although not effective until June 2009 – are received, understood, planned and prepared for;

            2) Requested direction on seeking bids for a generator for Town Hall at a cost of $110K - $135K, significantly higher than anticipated.  He recommended conferring with Emergency Management personnel and the Town’s grant writer and reporting back in two weeks.  “We’ve been blessed to have been 13 years without a hurricane,” he said, but wants to ensure that the Town is never without power. 

            Glenn Waddington asked if the portable generator the Police Department got from Suffolk County Emergency Management was capable of running Town Hall and he answered in the affirmative.

            3) An update on the skateboard park at the Youth Center sparked discussion of all three sites that had been considered and revisited decisions that were made by this and the previous Town administration.  “Im the last person to advocate delay, but we want to make damn sure we’re putting it in the right place,” concluded Jim Dougherty, noting that further consideration will be given and Mr. Ketcham was asked to return next week for a [final] decision.                                      

            4) Update on the 1^st Ram Island Causeway, which is “moving along” despite frustrating DEC

inconsistencies and delays, which were also causing delays on

            5) Work on town landings –  e.g. seven different applications for run off work with seven different sets of standards from DEC analysts and an inability to reach them by any other means than in person.

            6) Doing fine with Shell Beach

            7) Condition of the old Highway Barn alert and requests to tear down dilapidated lean-tos.

Shelter Islander, Eleanor Oakley, who said she had written letters regarding signage ordinance and its enforcement,  asked where the Town stands – “You seem to be relying on people’s good taste and consideration for others,” she said, “and that seems to be wanting.  The whole idea is ‘Who’s in charge?’”

            Various sizes, shapes and kinds of signs – including new and unconventional ones –  were discussed.  Town Attorney, Laury Dowd referred her to Section 123.7 of the Town Code and said she would provide her with a copy, also suggesting that the Town may want to revisit these ordinances in light of the current situation and also address enforcement.

Ed Brown cited the need for more professional information regarding a substantial grading difference on a permit application related to house vs lot size and redistribution of fill in a regulated area – and suggested that it be at the applicant’s expense.  It was noted that this is an example of wetlands application problems caused by Planning Board and CAC review prior to the Town’s finding on completeness, which Emory Breiner suggested was not a bad thing because “we know it’s incomplete and it gives us more time.”

Peter Reich thanked Mark Ketcham for attention to issues he had planned to raise and went on to discuss the status of Dering Harbor riparian mooring(s) and whether they should be assigned per lot or per boat owner or some combination thereof.

Jim Dougherty reported on Shell Beach funding and said Representative Jim Bishop was slated to speak tomorrow in support of funds to replace those cut by FEMA. Mr. Dougherty said he would meet with East End Town Supervisors on May lst to make an appeal.  He also noted that recommendations for amendments to the 2% law were in reaction to East Hampton’s alleged liberalization, creating a straightjacket for other towns.

Glenn Waddington wondered if the Town would pay for Emory Breiner’s attendance at a seminary on MS-4, and it confirmed that if the Planning Board would/could not, the Town would find a way.

Chris Lewis said she had nothing other than her report on negotiations for the Executive Session.

Laury Down asked that East End Towns Municipal Mutual Aid and Assistance Program be added to Friday’s agenda. 

            The Work Session was adjourned at 3:45 to accommodate Personnel and Negotiations discussion in Executive Session.

Phyllis Gates

for the League of Women Voters of Shelter Island