* School Budget Vote & Board Election Deadlines: [See S I Reporter 5/1 for details]
Candidate Petitions due to School District Secretary: Monday, April 21st
LWVSI Candidate Forum: 2:00pm - 5:00 pm Sunday, May 4th at the School
Public Hearing on Budget: Monday, May 12th, 7:00 pm at the School
Vote: Tuesday, May 20th 12:00 pm - 8:00 pm at the School

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.

* Public Hearing on Parking Restrictions: Friday, April 18th, 5:00 pm, Town Hall

* LWVSI Program on Eco-Friendly Home Construction: Saturday, April 26th, 1:00 pm, Library

The Town Clerk, Attorney and all members of the Town Council were present at Tuesday’s Town Board Work Session, as were some 40 others in a standing-room-only crowd which included representatives from NY State Department of Conservation, Cornell, the Deer-Tick Task Force and its opposition, the ZBA, Planning Board, Police and Building/Zoning Departments and the Shelter Island High School Senior Class.

Discussion of the Use of Pesticides in the 4-Poster Program – Supervisor, Jim Dougherty, introduced Cornell Entomologist, Dan Gillering [sp? – speaking for Michael Seagraves] to lead off a status report and open conversation on the Island’s 4-Poster Program.  Running about an hour and a half and sparking lively, sometimes contentious discussion, it was reported that 30 40 4-Poster devices are currently active, being maintained and studied, with a total target of about 50 - 60.  Shelter Island resident, Linda Goetz Holmes asked for details, specifically about Hay Beach, which is not currently included currently – the North (Sylvester Manor - Mashomack), East (not including Ram Island) and the Southwest quadrants of the Island.  Maps were distributed to the Town Council.  A fly-over was done on Easter night, he said, with results due soon. 

            Supervisor Dougherty asked about trapping and tagging.  Mr. Gillering explained that 4-Poster placement was needed in areas where deer will interact with them and referred to Cornell Wild Life Specialist, Susan Walker.  She said that fund raising needs and lags in equipment delivery had caused delays but that the process had begun on February 25^th with 13 male and 23 female deer tagged to date.

            Councilman, Glenn Waddington reported having heard from “many Shelter Islanders” who were distressed about recent exclusion zone shrinkage, and asked for an explanation.  Vincent Palmer [?] from the NY State Department of Conservation explained that the EPA had changed national standards limiting unfenced 4-Poster placement 100 yards from residential structures to 4-Posters surrounded by a fence 30 feet in diameter and 30 inches high placed not closer than 30 yards or 100 feet from residential structures.

            Chairwoman of the Island’s Deer-Tick Task Force, Rae Lapides said that the committee had many volunteers for yards in which to locate 4-Posters and said none would be placed where there were objections. Councilman Waddington argued that 4-Posters would be “forced on” anyone who doesn’t want one closer than 100 yards from his or her home, to which Ms. Lapides said she was sure “we can take everyone into account.” and that every effort has been and will continue to be made to “thoughtfully and sensitively” place the 4-Posters – and that, on request, some have been moved and, additionally, will keep that objection in mind.”

            The discussion then turned to Richard Kelly’s petition in opposition to the 4-Poster [and his request?] for “dialog with the Town on possible side effects.  Mr. Kelly said he wanted to address four points, but I only heard three  – 1) the need; 2) its toxicity; and 3) its cost.

            “The CDC, New York State and Suffolk County health department’s perspective is missing, “ he said, citing dramatically fewer cases of Lyme disease than flu – 2 Lyme fatalities since 1986 vs 36K deaths from the flu in one year.  He spoke to “mandated legal requirements” on communicable diseases from a list that includes Lyme disease but which is not considered as a “greatest threat.”  “NY State nor Suffolk County has declared an epidemic – or a pandemic or any kind of a ‘demic’ – whatsoever,” he said, arguing that the “facts do not demonstrate a massive need.”  He cited 25 cases of Lyme diseases on Shelter Island reported in 2000, 12 in 2001, 24 in 2002 and 83 from 2003 to 2006, stressing that “We do not have a serious health threat on Shelter Island,” and averring that to say otherwise is a criminal act, tantamount to yelling fire in a crowded theater.

            Mr. Kelly’s comments on his second point, toxicity, focused on a comparison between the density of the insecticide, permethrin, used on the 4-Poster vs that used “on sprayers” – 10 percent vs 0.5 percent, respectively – which he characterized as “20 times more lethal and fatal for aquatic life” if placed too close to water.”

            He requested that Frank Vecchio comment on homeowner liability, which he did briefly and which was also addressed by Town Attorney, Laury Dowd.  She explained that the Town had “tried to apportion liability with homeowners,” and that details are spelled out in the agreement signed by those who permit 4-Poster placement.

            Shelter Islander, Abigail Field, holding her infant daughter, said that she had been coming to Shelter Island since her first birthday and was concerned for her daughter.  She spoke of encountering a woman crippled by Lyme’s disease and said she herself had had the disease four times.  Her arborist husband, she said, had encountered many ticks when he worked in New Jersey, but no Lyme disease and believed that the reported incidence was low because of spraying, which she said, “came late to Shelter Island” and which also comes with “scary-sounding warnings” of chemicals and instructions to keep children and dogs off of newly-sprayed lawns for a couple of days.  “The deer are taking a bath in permethrin,” she said, arguing that the chemical is more pervasive and more extreme from spraying than from the 4-Poster.  “I’m no cheerleader for the 4-Poster,” she said, “but the Town needs to do whatever it can to stop spraying.”

            Rae Lapides said that the Task Force – with citizens of Shelter Island – had investigated different methods in their 1-year effort and arrived at the conclusion that the 4-Poster was the safest, environmentally and for people.  Citing a conversation with Dr. Kelt related to time-pressures that precluded Lyme disease-related reporting, she held that reported cited [by Mr. Kelly] were inaccurate and incomplete, stressing that many Lyme or other tick-borne diseases had been unreported and, therefore, uncounted.  She maintains that targeting ticks’ hosts is the best way to approach the problem.  She added that the 10 percent density cited was misleading because of the permethrin’s “suspension in an oily solution” makes it stay on the 4-Poster’s roller or the deer, preventing environmental absorption.  Admitting that it’s expensive and labor intensive, she maintained that the 4-Poster is the safest method of treatment of a very serious problem.  “Within three years,” she said, “spraying will not be necessary.

            Jim Dougherty said that the Town had written to local physicians three months ago asking for estimates, best-guesses or even ranges for any time period and had received no responses.  Mr. Kelly reiterated that the law requires reporting and according to “vested authorities” of Suffolk County and NY State, with 5.2 cases of Lyme disease on Shelter Island annually, “there is no health threat here,” suggesting that people of Shelter Island are “so hysterical” because numbers have been misappropriated.”

            SICS senior, Samantha Read, said she had researched Suffolk County numbers and found 288 cases in 2003, 561in 2004, 542 in 2005 (2006-7 statistics not released) and Shelter Island numbers not released.  She also said that she was “worried about getting Lyme disease, not dying from it.”

            Dr. Bill Zitek From the Deer-Tick Task Force, talked to the statistics and suggested concern about permethrin arose from the 7-page “fact sheet” circulated with Mr. Kelly’s petition, most of which was derived from the “Safe to Use” group whose goal is to remove all pesticides from the environment and used to “validate their point of view.  “Signers,” he said, “have been hoodwinked by half-truths.”   He cited a 2007 FDA “Red Paper on permethrin which compared it favorably to other insecticides and called for the use of information that is true and accurate.

            Another student, Jessica whose surname I didn’t hear, asked what percentage of Shelter Island was affected by spraying.  Jim Dougherty said he didn’t have absolute numbers but suggested 300 locations, and Peter Reich said it was “much larger.”

            Councilwoman and Deputy Supervisor, Chris Lewis, spoke to reporting by Island doctors, pointing out that tick-borne diseases cannot be reported without blood tests, which take 10 days to get results and that most Islanders, herself included, choose treatment with antibiotics rather than confirmation of disease.  She also pointed out that Suffolk officials had sprayed the entire county with anti-mosquito chemicals on the basis of two cases of encephalitis.

            Mr. Kelly retorted that Cornell study is costing the Island dearly – “covering the Island with permethrin, intoxicating fish and other marine life and costing $2 million – all over 2.5 cases of Lyme disease.”

            Vincent Palmer from the NY State Department of Conservation stressed that most information can be stated in one way or another, that considerable testing has been done from a public health perspective and that the 4-Poster is registered in all continental U.S. states except New York.  He stressed that environmental and health concerns balanced and that regulatory investigation and enforcement is in place with an emphasis on training and experience requirements.  “All pesticides are ‘inherently toxic,’” he said, noting there are 30K registered in NY state alone.

            Glenn Waddington again noted that the change in exclusion zone – altering proximity – was troubling.  Mr. P noted that the change was a national (not a Shelter Island, Suffolk County or NY State) decision and that the 4-Poster was an “effective mechanism for controlling ticks and effective in reducing spraying.”

            Peter Reich asked if spraying permethrin or the use of permethrin on the 4-Poster was more likely to be hazardous, to which the answer was spraying.  Town Bay Keeper, Kevin [?] added that relative to runoff, spraying permethrin is a significant issue while “surgical application” is “very insignificant.”

            Samantha Read asked about the risk of people and animals coming into contact with permethrin or other pesticides, to which Mr. Palmer responded that there was greater exposure with spraying.

            Abigail Field reiterated her contention that the most important number is relative exposure to pesticides and that “currently, Shelter Islanders are having unnecessary exposure through spraying and unnecessary and over use of antibiotics through pro-active reaction to tick-borne diseases.

            Pat Hunt said she was “shocked to find a 4-Poster near Ice Pond and cited a letter from Mr. Mick’s class” in which kids found that “Ice Pond is dead.”  She also referenced a letter of September 24, 2004 regarding a recommendation from Brett Sterns, Director of Natural Resources on Martha’s Vineyard advising against the use of 4-Posters which also reported on a decrease in Lyme disease after increased hunting and prescribed burning.

            Police Chief, Jim Read, responding to comments about Ice Pond, said those/that 4-Poster(s) could be adjusted, and that he should be called if anyone has concerns because “in most cases, we can make adjustments.”

            Student, Nicholas [?] asked about biological magnification to which Mr. Palmer responded that there were 141 [pieces of ?] unwanted material collected in NY State in the last week.

            Another student, Adam [Malls?] suggested that while there is a tick problem on Shelter Island, there is no hysteria here – but there are many useful ways to control the problem in the long term, citing “tick tubes” in logs, something he had discovered at his job with Shelter Island Gardens.

            Cathy Raymond, suggesting that the three Shelter Island doctors do not act illegally – that their lack of reporting was related to preventative treatment – wondered why they were not involved in reports being taken.  Jim Dougherty speculated that “they were too busy putting out forest fires.”  In a more serious vein, Rae Lapides said that they had given a great deal of information to the committee, but she also cited that “threatening letters and phone calls” made them pull back.

            A gentleman whose given name is Frank but whose surname I missed said that white footed mice – not white-tailed deer – were the primary carriers of ticks.  Ms. Lapides explained that the deer were targeted because ticks – especially the Lone Star – localize on them, and while the Task Force is going after both kinds of ticks, the increasing dominance of the Lone Star tick heightens their focus on deer.

            Pat Hunt reported that Scott Campbell had said that ticks come in on birds.  Rae Lapides countered that by pointing out that 95 percent of adult ticks are hosted on white-tailed deer to get their blood meal before laying eggs.  Ms. Hunt asked if “the 4-Poster is forever?”  Ms. Lapides said that proper use for three to four years in a row would result in 98 percent clearance of ticks, and that it is currently the only effective solution which is necessary only until a better one is found.

            Glenn Waddington repeated his concerns about “manipulation of the rules” regarding setbacks of 4-Posters and hunting.  He said many Shelter Islanders feel that the 4-Poster is being “foisted on us” and that the Town is losing credibility and the “trust factor.”  Neal Raymond wondered why stop nuisance hunting when we have accidents caused by deer, to which Jim Dougherty replied that nuisance hunting was not an issue on the table.  Ms. Lapides replied that the Committee had “never touched the hunting schedule,” noting that the Island had never had a nuisance hunt before that “the nuisance hunt might have to take a back seat for two or three years.”

            Patricia Shillingburg said that Dr. Marshall’s office is tracking Lyme and other tick-borne diseases anecdotally.

            Mr. Kelly asked why Sachem’s wood, a protected watershed area, is being used while the Town is ignoring “certified information.”

            Pat Hunt said she thought it” noble to eradicate a health threat,” but felt that it should be an individual – not a government – responsibility, and asked that the Town “consider those who want to live chemical free.”

            Abigail Field said she though sprayed lawns should be “neon colored” to alert Islanders to them.

            Dr. Zidek, who said he appreciates Pat Hunt’s point, noted that there are many who have suffered and while “none of us want to contaminate the environment, we need to find a way of handling this situation.”

            Councilman, Ed Brown addressed the forecasted success rate and said he “doesn’t want people to come back to the Town Board and ask why are only 75 percent of the ticks gone?”

Open Discussion with ZBA Chairperson & Members – JoAnn Piccozzi began by outlining logistic problems: 1) citing 90 percent of issues related to variances, she said the ZBA believed this was a process that shouldn’t be split with the Town Board; 2) retaining walls; 3) clear cut definitions for 3^rd Story, Mezzanine, Tower, etc.; and 4) an imbalance of time spent surveying current projects vs existing structures with no permits outstanding.

            Patricia Shillingburg said that Billy Johnson had asked to stress the importance of consistency and noted that the influx of new residents creates a difficulty in proper education regarding regulation.  “Too many home owners,” she said, “don’t take responsibility for projects done by off-Islanders they hire.”

            Chris Lewis suggested that review would be more efficient if all wetlands applications were handled by the ZBA and asked when and why the procedure was changed.  Laury Dowd said that setbacks had prompted the split.

            Billy Banks spoke to Ms. Piccozzi’s point on definitions and said he had given both the Town and the ZBA a copy of the NY State building code.  He also noted that the ZBA was not certified to enforce NY state fire prevention and building codes and added that “people on boards do not make the right decision knowingly.”  Laury Dowd pointed out that the ZBA does have power to interpret code if it is not clear.

            Laury Dowd applauded the discussion, “It’s good to have dialogs,” she said, “to let the Town know where the rocky bits are because you are the ones who can fix it.”

            Pat Shillingburg worried that “larger houses on smaller pieces of land are changing the character of the Island.” and Glen Waddington wondered how sanctioning a 3^rd floor would change that.  Miss Piccozzi countered that a pyramid law would address this problem.

            The discussion turned to focus on the 3^rd floor issue, with specific examples cited– e.g.,a 3^rd story house on Sterns Point Road, another on Peconic in Silver Beach – with much discussion of definitions and establishing parameters vis-a-vis elevations and grading.  Chris Lewis suggested incorporating specific footage that triggers full-house sprinkler system requirements.

Discussion of Possible Legislation – Re: Retaining Walls – Laury Dowd reported that Planning Board comments have been incorporated in draft of proposed legislation which she distributed to Town Board members – 1) purpose clause, 2) definition and 3) building permit requirement for walls 24 inches high and 10 feet long.  Also included were ZBA suggestions regarding compliance with setbacks – 1) 4 feet or fewer in height and 2) 8 feet between stair treads on stepping up.  A fence atop a 3-foot-high wall in a setback may require an engineer’s certificate for a 4-foot-high wall that is 10 or more feet long.

            Emory Breiner requested a definition of “setback,” asking if it applied to side as well as front yards.  Laury Dowd replied in the affirmative.  His concern seemed to be related to septics and related health department regulations, a problem he said because most septics are outside of the building envelope and because Town, ZBA Planning Board, etc. are “concerned more with visuals, neighbors, etc.  Laury Dowd pointed out that the new legislation addressed height and length requirements, not specific placements.

            “Let’s go back to beating a dead tick,” suggested Tom Young [?], and asked “Where’s the epidemic with these walls?  Why do we have to have legislation every time somebody burps in this town.  The laws are here for enforcement,” he said.

            Jim Dougherty proposed that the Town was providing guidance; Emory Breiner, citing the page 10 of the Town brochure, “This Special Place,” as existing protocol.  Mr. Young insisted there was no need for guidance, “The laws are there.  Use the enforcement,“ he said, “don’t keep jamming it down my throat.”

            Peter Reich volunteered that the local residents and builders are not the problem, but with off-Island contractors, retaining walls are growing exponentially, and we want to make sure they are done properly.

            Supervisor Dougherty summarized and concluded with the suggestion that the discussion continue next week, saying the Town was “open to persuasion and acting in response to the community.”

DiGregorio Resolution – The permit application discussed last week was reviewed and confirmed with the architect, but no decision was taken except a suggestion to “re-look at the depth of the patio.”

Crescent Beach Parking – There was some discussion of increasing 24/7 spots with a focus on weekends, brought to fore by Don Binder who reiterated an appeal he had made to the Town Board last year.  Peter Reich noted that there were concerns voiced at Sunday’s [LWVSI] lunch and noting that ticketing cars does not increase space – and Police Chief Read commenting that adding spots may not address the issue either.  Mr. Binder reported on a conversation he had with the “young manger of Sunset Beach” recently about “problems with locals.”  The hotel, he said, wants to correct these problems – sensitivity to local needs, parking spaces and drinking on the beach – and work with the Island.  It was decided to add two more 24/7 spots for residents and that the Town would meet with Sunset Beach management, but the time, place or context wasn’t stated.

OTHER BUSINESS:

Chris Lewis had no report but asked if an ad had been placed in the Reporter on the – Community Housing Proposal Meeting on Monday [requested last week by the committee’s chairwoman, Mary-Faith Healey, for Tuesday].  The paper’s editor, Cara Loriz, had no information about advertising but said an item would be included in the “Community ‘Calendar.”  She also asked about rescheduling a meeting, details of which were not clear.

Ed Brown said he had attended the WMAC meeting last night and a Taylor’s Island meeting

Peter Reich 1) reported that GIS training had gone well and that it had been videotaped and DVDs were available; 2) said that WMAC tweaking suggested code changes regarding docks on Congdon Creek etc., and said he would break out the Congdon Creek component; 3) mentioned that work on bulkheads and other marine structures on Town-owned properties (2%, condemned property etc.) – a total of a quarter of a mile of bulkheads – was necessary and recommended a capital reserve fund be established for repairs and replacements – e.g., the end of Shell Beach, which needs immediate attention.

Jim Dougherty reported that Julius Manchise was happy with his CofO and assured Don Binder that editorialized comments had been deleted.  He also reported that the Town had closed on a one-acre 2% acquisition near Dickerson Creek in a Town-County partnership.

Glenn Waddington noted that the because of a conflict with the Informational meeting on housing, the water meeting had been moved.  He also noted that Taylor’s Island had applied to rebuild its bulkhead and offered a reminder of its fund raising cruise on Saturday, May 31^st from 4:30 to 8:30.

Ed Brown reported that he would get requested information at tomorrow’s WAC meeting.

            The Work Session was adjourned at 4:30 to accommodate Executive Session discussion of Personnel and Property Negotiations 

Phyllis Gates
for The League of Women Voters of Shelter Island