Shelter Island Town Board members cross swords over public comments: Work session on septics, wetlands, water tests

It was a fiery ending to Tuesday’s Town Board work session with Councilman Albert Dickson demanding to know why the public isn’t allowed to comment during work sessions on subjects expected to lead to legislation.

It’s not the first time he’s let his colleagues know he objects to the policy of marking several items on agendas prohibiting public comment during work sessions.

Why is that the policy, he asked Supervisor Amber Brach-Williams.

“That’s the way it should be,” she shot back.

But taking input along the way would result in better legislation, the councilman insisted.

Deputy Supervisor Meg Larsen countered, saying leaving such discussions to the Board alone is more efficient, rather than listening to multiple people state multiple opinions and not focusing on the draft that’s on the table for members to discuss.

Councilman Benjamin Dyett said he’s caught in the middle, believing Board discussion is important, but would like to see the public offer comments of three to five minutes in length after the Board’s discussion. That could add to ideas that might be incorporated into the legislation’s draft at an earlier stage.

Town Attorney Stephen Kiely said there’s ample time at officially designated public hearings for residents to weigh in.

There was more back and forth, with Ms. Brach-Williams maintaining work sessions are already often more than three hours long, and to add public comment on legislation would make them longer still.

Not everyone can come to a public hearing when one is scheduled, Mr. Dickson said, but allowing comments at many work sessions would give more people the chance to offer thoughts about the legislation.

The last word came from Mr. Kiely who advised that the subject can be re-addressed in January when there will be a full five-member Town Board.

Septic system mandate

The Town Board wants to mandate upgrades to Innovative/Alternative (I/A) septic systems, with a few exceptions, within three years after a transfer of property to new owners. But there are concerns about how to tighten tracking mechanisms to ensure that three years doesn’t pass with no action.

Those who transfer their ownership to a family member — spouses, children, grandchildren — would be exempt. But another proposed exemption raised questions Tuesday. Should an owner who transfers property to a limited liability corporation (LLC), where the original owner is the sole owner of that LLC, be exempt from mandatory upgrading of the septic system? What if during the three year period, the LLC is purchased by someone else? Is there a way to track that activity and ensure the new owner understands he or she becomes responsible for installing an I/A system?

Notices of transfer do go to Town assessors, but may take a few months before the assessor receives notice of the ownership change, Assessor Judith Lechmanski said. There needs to be a mechanism so the Building Department is also notified and a system established that when the three-year period is nearing an end notice is given that the septic system has been upgraded, Senior Building Inspector Reed Karen said.

Mr. Dickson said he would like to have septic systems that pre-date the county’s 1973 certification of septics inspected to determine those that are inadequate. There will be further refining of the Town draft legislation and discussion by the Town Board before a public hearing is set.

Wetlands

At Tuesday’s work session, a lengthy discussion ensued about legislation to tighten regulations protecting wetlands.

At this stage, it appears likely that the Town Code requires a minimum 75-foot buffer to protect the wetlands, and will be extended to 100 feet, with no exceptions. That’s something many residents have been very vocal about for months.

Enough issues were raised for the Town Board to agree to send the draft wetlands legislation back to a subcommittee for more recommendations before it comes back for further discussion at a work session.

During a public comment period prior to taking up agenda items, Kim Noland, president of the Shelter Island Association, wanted to know why the Causeway District was not going to be protected the way the Near Shore and Peninsula Overlay District is. It turns out there is little acreage to protect from development now, but plans call for rolling the Causeway District into the same code that protects the Near Shore and Peninsula Overlay District.

Ms. Noland also asked the Board not to make further changes to the Zoning Code until a new Comprehensive Plan is in place.

Water testing

Doug Sherrod, president of the Silver Beach Association, started the public comment period Tuesday with a complaint about Mr. Dyett telling his colleagues not to push forward with testing of water in Silver Beach and the Menantic Peninsula before moving to improve water conditions in the Center, where water was already tested.

The Water Advisory Committee has already recommended the expansion of testing and asked Town Engineer Joe Finora to carry the request for funding of the tests to the Water Quality Improvement Board, which paid for the Center testing.

Mr. Sherrod said the problems with water in the peninsula areas are worsening and need attention as soon as possible.