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F.A.A. Cash Is Short-Term Gain

F.A.A. Cash Is Short-Term Gain

    Now that the election is over, the East Hampton Town Board is picking up a matter it dropped hastily last month concerning East Hampton Airport.

    Fearing what would happen if a public forum about Federal Aviation Administration money was held just before voters went to the polls, Town Hall went into panic mode in October, scratching a hearing on the deal. Having avoided what could have been a political bombshell, the board now plans to go ahead with a request for a relatively modest amount of money from Washington for  deer and security fences at the airport.

    A large number of residents, upset about aircraft noise, have decried taking any more money from the F.A.A. because they say (accurately, from what we can tell) that doing so binds the town’s hands in terms of meaningful control of the airport. Further, they say that the airport has a dedicated fund with a substantial surplus in it that could pay for the work, avoiding further entanglement with the F.A.A.

    Exactly why the town board majority, headed by Supervisor Bill Wilkinson, wants the Washington handout is not clear, but there are a couple of possibilities. One is a fear that airport-noise opponents could someday gain the upper hand and curtail hours of operation or limit certain classes of aircraft. By accepting the F.A.A. money, the current board would make it more difficult for the town to gain the upper hand at the airport, something some of the current majority’s backers worry about.

    Another reason could be that the town needs money. The East Hampton budget relies in part on the use of surpluses to keep tax rates down. But when they are gone, taxes will have to rise or more services be cut. In the 2012 spending plan, for example, the airport’s cash reserve is tapped for $400,000, roughly 10 percent of its budget to cover costs associated with a seasonal control “tower,” actually a trailer.

    Mr. Wilkinson and his budget officer, Len Bernard, are in a difficult place, having cut taxes twice and reduced the town work force about as much as possible. This is why they remain interested in selling such town assets as Fort Pond House in Montauk and scratching together additional non-tax sources wherever they can. The revenue has to come from somewhere. This is insufficient justification, however, for a policy decision that many believe will harm East Hampton in the long run.

    With the consensus being that accepting F.A.A. money comes at the cost of local control, the East Hampton Town Board should find other ways to pay for the fencing.

 

The Spray Seen Around the World

The Spray Seen Around the World

    In news of the violence that has broken out in Cairo in recent days, a report has circulated that may indicate that the Egyptian authorities are paying attention to how some police in the United States have responded to the Occupy Wall Street protests.

According to the accounts, an Egyptian state television anchor cited the “firm stance” taken by United States law enforcement to “secure the state” as a justification for the Egyptian crackdown. This report came from Twitter, posted by Sultan Al Qassemi, a journalist and important voice in the Arab Spring uprisings. Whether or not this can be independently confirmed, it points to a troubling double standard between the United States’s internal actions and foreign policy.

    Occupy Wall Street first gained widespread attention in September, when a supervising officer in the New York Police Department used pepper spray on an unarmed and nonthreatening group of four women who had been standing together. Before that, the protests had been a curiosity; after it came out that N.Y.P.D.’s “white shirts” from higher ranks were leading an aggressive response to keep “sidewalks clear and crowds moving along,” the protest rapidly grew into a movement. Protesters greeted the news that the officer who had used pepper spray was “punished” by having 10 vacation days docked with anger.

    On Friday, campus police at the University of California Davis used pepper spray on nine seated protesters who had defied orders to move. Photographs of this unprovoked attack have become a new rallying cry of the movement. In one particularly resonant image, some wit digitally placed the campus officer into John Trumbull’s famous painting of the signing of Declaration of Independence, blasting America’s founding document with an orange-colored haze.

    It must be conceded that a few angry cops and misguided public officials do not add up to an overturning of democracy. Nor should  the police’s removal of the library Occupy Wall Street put together at Zuccotti Park be  considered on a par with book-burning in Hitler’s Germany. However, violent responses to the peaceful encampments reinforce the movement’s messages about inequality and the use of official force to resist meaningful change.

    If the report out of Egypt is accurate, the world is indeed watching.

Mr. Lynch’s New Job

Mr. Lynch’s New Job

    We wish Stephen Lynch well in his new post as East Hampton Town’s next superintendent of highways, but there is a certain sweet irony in his election. Among the responsibilities he is soon to have is keeping the roadsides clear of anything that does not conform to the town code, notably signs larger than six square feet. This is paradoxical because Mr. Lynch’s campaign billboards and parked, truck and trailer-mounted messages were among the most expansive of this year’s political season and, as such, were obvious violations of the law.  

    We do not mean to single out Mr. Lynch. Plenty of other oversize signs and illegal off-premises come-ons kept his company. Nevertheless, East Hampton Town Supervisor Bill Wilkinson, Scott King, the outgoing highway superintendent, other elected officials, and Town Hall personnel drove to work each day past other examples without doing anything about it. (Yes, we know we bring this up frequently, but we are going to keep at it until someone in authority starts paying attention.)

    Normally, these rules are within the purview of the Ordinance Enforcement Department, but it was as if its staff had never read the town code. You have to wonder what other less-obvious violations of the town code go without remedy.

    As of the January organization meeting at which he is to be sworn in, Mr. Lynch will be in a unique position in town government: He answers only to voters and does not have to operate in the highly politicized environment of the town board. The code, which he will promise to uphold, gives him the right — shared with the town police — to remove signs, illegal obstructions, and other objects of concern within the town’s right-of-ways. Mr. Lynch should study the code, seeking independent, outside advice, if need be, so that he can direct his crews to remove whatever is necessary to put a stop to this ever-expanding visual affront to public property, good taste, and the law.

 

Time to Get Tough

Time to Get Tough

    Voting for East Hampton Town Board on Tuesday is crucially important as much for who is not running as for who is. Town Councilwoman Theresa Quigley, who has two years left in her term, has been at the nexus of most of the truly dreadful initiatives the town board has taken up since the beginning of 2010. Look at any of the many efforts to weaken zoning, politicize land preservation, or pay back political supporters and friends, and her imprint is all over the place. This is why bare-knuckle toughness is called for now.

    The Wilkinson majority’s regressive ideology must be seen for what it is. Some voters who remain furious about the McGintee deficit debacle nevertheless call Mr. Wilkinson the worst town supervisor ever, but what they really are responding to is a board majority that has lost sight of what is truly important here: community, quality of life, and preserving the sense of place, which is dependent on our natural resources.

    Six candidates are in the running for two seats. They are, on the Independence line, Marilyn Behan and Bill Mott; for the Republicans, Richard Haeg and Steven Gaines, and for the Democrats, Sylvia Overby and Peter Van Scoyoc. They can be quickly divided into two sets: those who know what they are talking about and those who don’t. Mr. Van Scoyoc, Ms. Overby, and Mr. Mott are in the first group; Mr. Haeg, Ms. Behan, and Mr. Gaines in the second.

    In Mr. Gaines’s case, this may not be a fatal flaw. He has made a point of admitting that he is a newcomer to East Hampton government, and his intelligence and honesty about it is welcome. If he does not prevail Tuesday, we would encourage the next town board to consider him for an appointed position right away.

    Mr. Mott, the only elected official in the running, has been a Republican town trustee for 12 years. He knows whereof he speaks, is an advocate for the environment, and would help restore smooth relations with his former board. He has had valuable experience in working with the public and would be an asset on the board. Mr. Van Scoyoc, with long experience on the town zoning and planning boards, is studiously nonpartisan, thinks long term, is highly intelligent, and speaks from the heart. Ms. Overby led the Amagansett citizens committee, was on the town planning board, knows the town code backward and forward, and brooks no nonsense.

    Any of the three are well worth electing. They have the backbone needed to help put Town Hall back on the right track, even if they wind up in a minority position.

    Our endorsement goes to Mr. Van Scoyoc and Mr. Mott, for reasons of political balance, though we would be pleased as well if Ms. Overby was a winner.

 

Fewer See The American Dream

Fewer See The American Dream

    The United States Census Bureau this week confirmed what many indicators have already shown: More Americans are among the poor, and middle class income continues to shrink. The stark figures underscore the weakness of the recovery from the recession and should send a message to Washington: The people of this country are hurting, and much more needs to be done to get the economy on the right path.

    The number of those below the poverty line was the highest in the 52 years the statistic has been kept. According to the Census Bureau, 46.2 million people were below the line, about 15 percent of the population. But the poverty line — an annual income of $22,314 for a family of four — is set so low that millions more Americans are undoubtedly in dire straits, although not counted.

    Relative wealth fell for all Americans in the last decade, though the drop was more pronounced at the lower end. The median household income went down to about $49,000. Pay fell by 12 percent since 1999 for low-wage earners. By comparison, the rich, those in the top 90th percentile, had an income drop of just 1.5 percent.

    Unemployment, according to a census official quoted in a report in The New York Times on Tuesday, was largely responsible for the increased number of the poor. In 2010, she said, about 48 million people between the prime working ages of 18 to 64 did not work even one week. And 22 percent of children, the highest percentage in 18 years, are now in poverty.

    President Obama’s proposed jobs bill might help a bit — if much of it could get through Congress — but this report suggests that far more than new payroll and business tax cuts and a modest infrastructure program is called for. A decade’s slide is not going to be reversed by these mostly temporary measures, though nonpartisan economic analysts have said it would do some good. The economic well-being of America’s poor and middle class now must be Washington’s priority. The census report should be a wake-up call.

Where Beach Goes, It Becomes Public

Where Beach Goes, It Becomes Public

    To the unfamiliar eye, metal pipes driven into the sand and tied together with rope in a rough rectangle at Georgica Beach in East Hampton might not look like much, but they represent a new and aggressive front in the war over control of the ocean shoreline, creating another big headache for town and village officials who are supposed to be looking out for the interests of the community as a whole.

    In the immediate aftermath of Hurricane Irene’s approach to Long Island and eventual impact here as a tropical storm, many oceanfront property owners saw much of their dunes eaten away. One family, however, was not willing to accept the conventional wisdom — and the law — that once upland becomes beach, it becomes public. They opted to fence in what they believed was still their property, having the pipes driven deep by a contractor without first seeking or obtaining permits. If so, this would make the work illegal and in violation of town trustee, village, and state law.

    Metes and bounds descriptions of property lines may vary from place to place, but in law and in many — but not all — deeds, it is understood that the right of passage even across privately held beaches cannot be blocked. Nevertheless, an increasing number of property owners here and in Southampton Town have challenged the public use of what they see as theirs alone based on such deeds. The East Hampton Town Trustees, who set policy for the beaches and own parts of them, as well as the town board, are, in fact, ramping up a legal defense in a suit brought by two sets of oceanfront landowners who are seeking to assert what they believe is their right of control.

    At Georgica, a village beach, sand returns naturally more often than not, thanks, it would appear, to the long, perpendicular jetty just to the west. However, erosion from Irene left the shore low and flat, and at high tide, someone, a surfer, for example, would be unable to walk dry shod to the jetty unless he or she ducked under the newly fenced property, ignoring the no-trespassing signs. Regardless of where the property owner believes his land to be, this would appear to be a violation of the public’s right of passage.

    Predictions are that erosion will increase in the coming decades as a result of sea-level rise. This means that disagreements of this kind with oceanfront property owners will become much more frequent. It is important for the village and town to do everything in their power to be sure that legal precedents are set in the public’s favor.

    With high ocean swells from Hurricane Katia expected today, nature may already be reminding us just who has the highest authority along the shoreline. It is up to elected officials to use the law and the courts to assure that access for the public is unimpeded.

Storm’s Other Price

Storm’s Other Price

    Irene, the hurricane that became a tropical storm as it reached Long Island, did more than knock out power for days and topple rot-weakened trees. For many in the hospitality and retail trades here, its impact was a tough hit in an already tough year. Ask most any shopkeeper on the South Fork how their summer 2011 went and more times than not they will say it was okay until the storm warnings came. Then, as one in Montauk told us this week, things just dropped off a cliff. Customers left as the forecast worsened, he said, and just didn’t come back.

    Much has been made of the additional costs the Long Island Power Authority will have to absorb or pass on to its customers for restoring power after long outages. LIPA has set the figure at $176 million. County and state lawmakers are looking into whether the utility was adequately prepared for what turned out to be a modest blow. Expect a fair amount of grandstanding at a hearing today in Mineola in which a New York Senate committee will consider what LIPA did and what it could do differently next time.

    Likely to be unasked and unanswered tomorrow is what can be done to help those businesses that had been depending on strong Labor Day receipts to help turn a profit. As residents finish their back-to-school purchases and as holiday shopping looms, they might think about keeping their dollars and cents on the South Fork whenever possible.

 

Two Choices On the Bay Side

Two Choices On the Bay Side

    Erosion is an issue on the bay beaches as well as on the ocean, for example, where Mulford Lane meets Gardiner’s Bay in Amagansett. Three houses there are either in the water or about to be. One, on stilts, is not habitable. The owners of another want to replace it with a somewhat larger house and to protect it with a stone revetment.

    The work would require several variances, in addition to permits, perhaps most notably to allow a new erosion-control structure in a place where they are specifically prohibited by the town’s recently passed coastal erosion hazard code. Although the East Hampton Town Zoning Board of Appeals has held a hearing on the application, it is being revised, apparently so the beach in front of the third house, on a smaller lot to the northeast, can also be armored.

    People who own waterfront houses usually would want to do whatever they could to keep them from falling into the sea. This is understandable. It is not, in many cases, in the public interest to allow them to do so. A revetment in this case probably would help the owners save their houses, at least for the near future. But it would mean the disappearance of whatever beach remains there, which is, of course, public. This is a high cost and presents a difficult dilemma for the zoning board.

    That erosion is severe at Mulford Lane is an understatement. It is exacerbated by the surrounding upland (if you can call it that) which is as flat as a prairie. These three houses were built at a time when local laws were lax with regard to potential erosion and allowed them to be sited where none should be.

    The Z.B.A. should deny the application. Perhaps the matter should more properly be something for the town board to consider and ask whether the properties should be condemned and the structures removed. In doing so, the town would save the homeowners great long-term expense, or great grief, and, with the houses gone, be able to preserve access across the land for the public and future generations.

 

Okay Higher Taxes

Okay Higher Taxes

    Amagansett residents gave themselves a tax increase last week. On Oct. 3, 140 people who live in that hamlet’s fire district trooped to the firehouse to support a bond deal that will add something on the order of $50 to $100 a year, depending on assessments, to their property tax bills. Similarly, higher school and library levies have also passed in recent rounds of voting. Considered together, these votes suggest, at the very least, that no widespread well of anti-tax sentiment exists here.

    Of course, fire districts and schools are like mom and apple pie, and each has strongly motivated constituencies to help guarantee budget-vote successes. Still, we can’t help but notice that when given a choice, local residents have time and again approved tax hikes.

    It seems that residents’ willingness to pay more when asked for something they think is worthwhile is at variance with the tax-cutting obsession that now reigns in East Hampton Town Hall. No one likes paying higher taxes. But it also appears that when residents perceive a good cause they are willing to vote yes with their hard-earned dollars and cents.

Town Wins on Ferries

Town Wins on Ferries

    By declining to review a challenge to East Hampton Town’s strict limit on the types of ferries that can dock here, the United States Supreme Court last week put an apparent end to a long-fought struggle. This is an important victory for East Hampton residents.

    The Supreme Court agreed with a lower court that had ruled the town had the right to regulate ferries and had said East Hampton’s 1998 law preventing car-carrying and high-speed ferries from docking here did not violate the Constitution’s Commerce Clause. The appeals court had ruled, in effect, that local restrictions designed to control traffic or protect certain areas of town from added congestion and parking problems were reasonable.

    Common sense appears to have prevailed in this matter. Summer on the South Fork is busy enough, and local governments clearly have an obligation to citizens to do what they can to gain the upper hand. At least as far as ferries are concerned, residents can breath a sigh of relief.