Shelter Island Town Board ends Town Attorney post

Months after the Town Board severed its relationship with Stephen Kiely, a vote Monday night made it official to eliminate the role of a full-time town attorney.

In a 4-1 vote, with Deputy Supervisor Meg Larsen casting the only negative vote, the Board will employ attorneys as needed.

A public hearing was held on July 21 with little concern voiced by the public. Ms. Larsen explained that her objection was that eliminating the role would mean no legal advice easily available for the myriad of matters that crop up from time to time where quick advice is needed.

The resolution on Monday night’s agenda said the Town Board would employ one or more attorneys to provide legal services, as needed.

In the course of the discussions about ending the role of a single attorney being given the role there were two major factors at work. There was speculation it would cost less than paying a lawyer who carried the title and, seemingly just as significant, if an attorney was not working out, it would be easy to sever the relationship.

To fire an attorney who was an officer of the Town would require court action, interim attorney Steven Leventhal told the Board.

With regard to costs, routine questions from Town Board members or committee members would be paid through the budget. Legal costs associated with specific applications would be passed along to those seeking permits, site plan reviews or zoning changes.

When the Town Board or a committee needs special legal advice for which an attorney is hired, that is likely to be paid for out of the budget. That’s the case for the attorney hired by the Town to assist the Community Housing Board in developing its Request for Qualifications and ongoing work pertaining to a Memorandum of Agreement that could lead to a contract with the Community Development Corporation of Long Island to manage development of 10 affordable housing units.

In a separate resolution, there was a 3-0 vote to execute an agreement between the Town and Whalen Filer, PLLC for legal services. Supervisor Amber Brach-Williams and Ms. Larsen voted against the resolution. Ms. Larsen’s no vote was in line with her objection to eliminating the position of Town Attorney. Ms. Brach-Williams has not yet responded to an inquiry about her vote.

Whalen Filer, based in Amagansett, has, since its founding in 2003, been involved in serving towns and villages to handle issues “with competence and confidence,” according to its website. “We may be small, but we have big ideas; we work hard and think creatively to solve our clients’ problems.”

Councilman Benjamin Dyett, who favored the decision to end hiring a single Town attorney, has said he wants to try to function without an attorney serving the Island as an officer of the Town. But if the decision proves unworkable, he has said he would be open to reversing the decision.

WMAC CHANGES

Although the Waterways Management Advisory Council has been functioning with seven members, its charter calls for nine members. But Monday night, the Town Board reduced the council to the existing seven members, and staggered terms to ensure all would not expire at the same time.

7 CHEQUIT

The application to use a 100-foot exemption to accommodate an application from owner Deborah Shepherd to add a covered porch with a roof deck to an accessory building has been rejected by the Town Board. There has been a prolonged exploration of whether the exemption has been used previously.

The Town Board made the decision that the way the code has been used in the past, if any part of property was used, any remaining area could not be subsequently applied. Accordingly, the application submitted by architect Ian McDonald on behalf of Ms. Shepherd was denied Monday night.

BUILDING DEPARTMENT

The Building Department will have a new staff member soon with the appointment of Geoff Schroeder to replace Mickey Chi. Mr. Chi was assigned to the Police Department as a code enforcement officer, but will instead be trained as a building inspector, working directly with Principal Building Inspector Reed Karen and his staff.

SYLVESTER MANOR

The Town Board Monday night approved an outdoor assembly permit by a unanimous vote for Sylvester Manor to hold a concert on the grounds Saturday, Aug. 23, between 4 and 7:15 p.m.

The action came after Town Clerk Amber Wilson read a letter from resident Mike Gaynor objecting to the decision on the grounds because, Mr. Gaynor wrote, the activity was not allowed by the Zoning Code. He also, once again, stated that Sylvester Manor has been allowed to behave illegally for a decade with no consequences.

On Tuesday, Mr. Gaynor reiterated his objections in person at the Town Board work session, telling the Town Board it ignored its responsibility to consider the organization has been violating Town Code by carrying out activities on the site he said are inappropriate for AA zoning and ignoring the need to apply for permits needed for some events.

Interim town attorney Steven Leventhal said the code doesn’t require turning down an application for a single reason and defended the Town Board against the accusation members failed to consider Mr. Gaynor’s charges. Board members consider all statements they receive in reaching their decision, Mr. Leventhal said.

GRADY RILEY HEARING DELAYED

The Grady Riley hearing originally slated for the site plan application from former supervisor Gerry Siller was postponed awaiting Zoning Board of Appeals action. The Town Board had asked the ZBA to weigh in on the application and plans called for that to happen on Aug. 20. But that meeting has subsequently been canceled.

ZBA Chairman Phil DiOrio had asked members at the July 23 ZBA meeting to look at the application and offer their views in August. That could happen at a work session in September.