|
Do you believe in COINCIDENCES? Open
Letter To Chairman Peter Scully and Pine Barrens Commission Members,
Regarding the issue of pending litigation as it
applies to the Commission’s ability to address the tabled motion of the May 21, 2008 meeting concerning jurisdiction of the
land on which the Suffolk County Trap & Skeet Range exists.
Background: According to the minutes of the Pine Barrens
Commission meeting of July 16, 2008, the Commission met in closed session with Mr. Gregory Nolan of the NYS Attorney General's
Office, who is representing the Commission in the Southaven Trap & skeet Range litigation. The summary of that meeting is
as follows: Summary: Closed Advisory Session: a motion was made by Ms. Gallagher and seconded by Mr. Turner to enter into
a closed advisory session for the purpose of receiving legal advice from counsel. (3:22 to 4:13) Chairman Scully noted that
the Commission will await the outcome of the pending litigation appeal before acting upon the previously tabled resolution
regarding the May 21, 2008 meeting concerning jurisdiction over the re-opening and continued operation of the Suffolk County
Trap & Skeet Range located in Southaven Park. Chairman Scully also noted that the Commission has directed the staff to provide
a public summary of the results of the closed incident reports relating to the Trap & Skeet range.
Question: Why,
at the July meeting, did Chairman Scully report to members of the public attending the meeting what had been decided in the
closed advisory session with the NYS Attorney, but not what happened during the closed session of the November 19, 2008 meeting?
After some prodding, Chairman Scully did choose afterward to tell SYCA President Johan McConnell that the commission was advised
by counsel to do nothing because he was alerted by a plaintiff in the subject litigation that there still is ongoing litigation.
Statement:
There were six plaintiffs involved in the lawsuit brought against the Pine Barrens Commission by the Pine Barrens Society.
Richard Johannesen, the attorney for the plaintiffs, reported to SYCA that the case was dismissed by the Appellate Court citing
issues regarding statutes of limitations on October 7, 2008 (index number 06-22354 In the matter of Long Island Pine Barrens
Society, Inc.) which of course was well before the Commission meeting of 11/19/08.
The plaintiffs in this action were:
• The Pine Barrens Society and its director, Richard Amper
• NAME WITHHELD FOR FEAR OF RETRIBUTION - Yaphank
• NAME WITHHELD FOR FEAR OF RETRIBUTION - Yaphank
• NAME WITHHELD FOR FEAR OF RETRIBUTION - Yaphank
• NAME
WITHHELD FOR FEAR OF RETRIBUTION - Yaphank
• NAME WITHHELD FOR FEAR OF RETRIBUTION - Yaphank
Plaintiff Affidavit
is verified in writing by the SYCA:
None of the resident plaintiffs has spoken to anyone associated with The Pine Barrens
Commission either at the November 2008 meeting or prior to that meeting regarding either pending or new litigation. Additionally,
(as noted above)the attorney for the plaintiffs, Richard Johannesen expressed to President McConnell that he had no intention
of proceeding with any new litigation following the dismissal of the original complaint by the Appellate Court. The only plaintiff
unaccounted for is Mr. Amper. If Mr. Amper alluded to anyone from the Commission that future litigation was planned, it is
news to the rest of the plaintiffs. If Mr. Amper is pursuing some legal agenda regarding the matter, he is doing so without
any knowledge or input from the remaining plaintiffs. As far as we all are concerned and based upon what we’ve been told,
there is no future litigation planned and we are more than a little surprised to hear that the Commission was told otherwise.
We find it odd that the Commission would claim that further litigation was at issue and would act on that assumption without
so much as consulting with either Mrs. McConnell or Mr. Amper, both of whom were present at the November meeting.
President
McConnell presented a mulitude of facts to the commission.
Richard Amper did not speak out to the commission in oppostion
against the range at all.
See Gun Range section for another article sent out!
Click to read article that seems to spell it all out about
the Trap and Skeet Range!!!! __________________________________________ Fisher-Price & Mattel admits to high levels of lead in paint on toys, and to their credit, issued an immediate national
recall of China’s poisoned toys to protect the children...
SO....
here
at the gun range in Yaphank where lead is measured in tons....
Steve Levy just spent close to a million tax payer dollars re-opening an abondoned gun
range to appease the shooting lobby for political gain while ignoring the safety of our children, the people of Yaphank, the
residents of Brookhaven and Long Island. County Executive Steve Levy(D) re-opens gun range on
7/15/06 knowing there is a South Country School bus stop only 100' away and seperated only by an open chain link fence. So....in
an article published on 12/28/06 in the LI Advance newpaper, the South Country School District admits concern for their children
and are now trying to find a way to move the bus stop out of harms way quickly. *********************************************************************************** County
Executive Steve Levy(D) meets with civic leaders in September 2005 and tells them that the county will not move forward with
the gun range unless there is an agreement with the town. Then Town Supervisor LaValle(R) tells Levy he will not exempt the
range from town noise ordinances and the range remained close. So.....now in 2006 the town is run by Supervisor Foley(D)
and the range is opened and ruining our quality of life and putting children at risk. ********************************************************** After much discussion at a community meeting in the fall of 2006 about
the gun range, Supervisor Foley stated that he has given the county
30 days to come up with a plan for sound mitigation and that
he has a high level meeting with them the following day. The
following question was asked by one of the members in attendance: “Supervisor Foley, if after using all the information tools we have given you tonight, you determine that the county
is not going to move forward and mitigate the sound to come into compliance, will you utilize your powers as a commissioner on the Pine Barrens
Commission to
assert jurisdiction. He responded yes. SO.... We are now at the 459 day plus
mark and nothing has been done by the county, Steve Levy is looking to pull the funding away that was earmarked for a sound
mitigation, and this issue has not been brought to the table at the Pine Barrens by Commissioner Brian Foley.
******************************************************************* Thousands of signatures are submitted opposing the Trap & Skeet Gun Range to our elected officials with no action
to close the gun range to date. **************************************************************************
Suffolk Life Article 9/20/2006: County Executive Steve Levy drew
a parallel to when he represented Ronkonkoma residents as a state assemblyman and quality of life issues that arose between
the Islip Composting Center and neighboring communities. "While the more telling question is on the health impacts, composting
facilities CAN CREATE A NUISANCE on residents when they want to keep their windows open, or if they have a barbecue with their
neighbors." Levy said. " I saw firsthand at the Islip Composting Center HOW THAT CAN IMPACT PEOPLE." So......County Executive, Steve Levy(D) re-opens dangerously unhealthy gun range within 100' of a
school bus stop and homes in the growing community of Yaphank on 7/15/06. *************************************************************************** Resident John D. was served on 9/21/06, with a noise violation ticket by Town of Brookhaven
Code Enforcement/Public Safety Department without the officer ever hearing any noise. John was playing negative white noise
in attempt to protect himself from loud gunshot noises coming from the Trap & Skeet Range across the street only 100' away.
2 public safety cars and 3 police cars responded. So.... Since the gun range opened on 7/15/06 the new vendor defended the
shooting range and its impact on the area. “We haven’t been served with any violations,” he said, noting that more than 1,000
people have come to shoot at the range since it opened last month, and that “hundreds” were from Suffolk County. By Michelle
Pirraglia August 30, 2006 - Suffolk Life Newspaper. ***************************************************************************** When the Pine Barrens Commission met in May, the meeting was full of supporters and
opponents regarding the Trap & Skeet Range...even though the range was NOT on the agenda for the meeting. So... When the Trap
& Skeet Range...WAS on the agenda of the Pine Barrens Commission, ONLY the OPPONENTS of the range were there to speak. ***************************************************************************** Local residents were notified by County Park Police that they were responding to a call
from the gun range vendor about a noise complaint at their house. When asked why they came and not the regular police, they
were told they have juristiction and can enforce Brookhaven Town noise ordinances. No loud noise was noticed. So... When asked
why they do not then enforce Brookhaven Town noise ordinances against the Trap & Skeet Range, they said they can't. *********************************************************************** Local sportsmen associations staged large online marketing campaigns targeting the county
elected officials to re-open the gun range and the town to exempt the range from local noise laws.
So...
County
Executive Steve Levy(D) and the full legislature chose to re-open this venue that was closed for over 4 years knowing full
well that over 300 new homes were built, the land is polluted with lead, there is air born lead dust concerns per his own
health department, children get on and off a school bus each day protected only by a chain link fence only 100' away, the
local civic association is 100% opposed, over 8 environmental groups are opposed, the association of all civic groups is opposed,
the re-opening is illegal and violates the Pine Barrens Act of 1993 and the town to date has not issued any noise tickets.
*********************************************************************************** __________________________________________
|
Then Suffolk County Legislator Ginny Fields(R)now(D) spearheaded the re-opening of the trap and
skeet range. Executive Levy incorporates the re-opening of the gun range as part of his state of the county speech in
1/2005. So.......Gun
range opened on 7/15/06 by Executive Steve Levy(D) and now Assemblywoman Ginny Fields (D) holds
political fundraiser at the trap and skeet gun range on 10/05/06 where it is reported that alcohol was served. **************************************************************** At the county Parks Committee meeting, Legislator Browning asked Commissioner Foley
about the serving of liquor at the Fundraiser for Ginny Fields at the Trap & Skeet Gun Range. Commissioner Foley's
response was that "Special Events" such as a fundraiser, held on a licensed premise are permitted to serve
liquor. He gave the Beach Hut at Smith's Point as an example. He further stated that he did not believe that the
serving of liquor at the Trap & Skeet Gun Range was a good idea and he would have to check the lic. agreement with the
vendor. ********************************************************************************
Residents call the town noise complaint line at 451-6161 on 9/24 about
gun range noise. Code enforcement states they cannot issue any tickets to the range without a meter.
So...
Resident
John D. was served on 9/21/06 with a noise violation ticket by Town of Brookhaven Code Enforcement/Public Safety Department
Sgt. Mancuso [badge 803] without the officer ever hearing the supposed noise.
**********************************************************
Then Suffolk County Legislator Ginny Fields(R)now(D) as a county
legislator spent a huge amount of legislative time moving this gun range ahead even though it was not her district. She received
politcal donations from the current vendor and others.
So...
Ginny Fields(D) tried to push legislation through at
the state level to excempt all gun ranges in New York State from local noise ordinances.
**********************************************************
Presiding Officer Lindsey(D)stated in the newspapers that it would be a waste of taxpayers dollars if the range were to
be closed at this point.
So...
Parks Commissioner Foley responded to a question about this very subject before a
contract was signed at the South Yaphank Civic Meeting in 01/06, "The county has wasted taxpayers dollars before".
**********************************************************
Legislator Cameron Alden(R), stated at a legislative meeting that trying to close the gun range would "take years in
court"
so...
The vendors contract has a termination clause at the direction of the Commissioner of Parks if
local laws are violated. Commissioner Foley is appointed by Executive Levy.
**********************************************************
Local residents who were displaying home made signs in protest of the gun range were served with a warning of violation
for signage by the Town of Brookhaven. The residents being law abiding citizens removed the signs even though the wrong code
was cited.
So...
Other signs nailed to poles along the road promoting wood floors and other services by non-resident
business people were NOT served with a warning of violation for signage by the Town of Brookhaven. The only way the signs
come down is by locals taking control of their area.
**********************************************************
After the town began testing sound levels, everyone knew the gun noise exceeded the noise ordinance as was stated
at a town board meeting of 75.5 debibels and higher.
So....
When residents would call County Executive Steve Levys
office complaining about the loud gunshots, they were told the town told them the readings were within town code.
**********************************************************
|
|
When opponents and
supporters of the gun range both attended MANY legislative meetings, supporters of the gun range regularly walked up to the
legislative horeshoe to talk with certain legislators and meet outside the room with the Commissioner of Parks. Opponents
sat and waited in audience chairs as instructed by the county employees, waiting their turn to speak.
So...
The
current legislature voted 15-3 to keep the gun range open.
**********************************************************
Local residents are trying to sell their homes.
So...
The potential buyers heard the gunshots and never came back.
**********************************************************
The president of our civic association was dog training her dogs at Otis Pike along with others when she met a gentleman
who was doing the same. During a discussion he ID himself as a lieutenant with the DEC. Conversation went on to the Trap and
Skeet Range and he learned who Johan was. He in turn said...on that matter... I think I will leave now.
So...
1
hour later two DEC rangers showed up to inspect permits. They spent an inordinate amount of time reviewing Johan’s permit.
Her permits had only been checked in 9 years.
|
**********************************************************
Just before the gun range opened, local sportsmen associations promoted calling, emailing and faxing town board officials
to exempt the range from town noise ordinances. The supporters and opponents of the range BOTH attended the town meeting in
June to voice their individual views even though it was NOT an agenda item.
So...
Now that the range is open, every
meeting since, ONLY the opponents of the gun range attend town meetings to play the loud gun noise, complain and plead for
a better quality of life. To date, the gun range vendor has not been served with a noise violation summons.
**********************************************************
An 11 year old local youth speaks out at town and county meetings about the negative effects from the gun range on
kids and his family.
So...
Shortly after these meetings as he got off the school bus, someone must have recognized
him from the meetings, and made an obscene gesture at him.
|
|
**********************************************************
Residents
constantly have been told by our elected officials and supporters of the gun range that you did not do your due dilegence.
Residents we even told by a currently sitting legislator that they should have dropped a quarter!
So...
Executive Steve
Levy re-opened the gun range violating the 1993 Pine Barrens Protection Act which was signed in Southaven Park.
**********************************************************
It
was reported at the Parks Commission meeting that 1,200' of fencing was missing around the gun range.
So....
It was
deemed safe by the Parks Commissioner and agreed to by the board. The gun range was allowed to fire away.
**********************************************************
|
**********************************************************
The first weekend the range opened, July 15th, there were not many shooters, and the guns were not obnoxiously loud, but
still violated town noise codes. The following week was a bill introduced by Kate Browning to close the range. The bill
was voted down 15-3.
So...
Ever since, the gun noises have been louder and more powerful. Participation levels are
rising steadily.
**********************************************************
|
|
Image shows water runoff that flows under the #6 clay shooting
station, towards the river. The base of this run off is made up of old broken clay skeet's. There is small led pellets everywhere.
While walking through Southaven Park bordering the skeet range, in several spots you will find crushed clay skeet's have been
used to pave the dirt roadways. Or depending how you look at it, dumped into the dirt roadways. The contaminated mess is not
contained only in the fenced area. It is also in the surrounding parkland area. One has to wonder if the DEC knows about this?
So....
Years ago the county secured the land the Trap & Skeet operates on to protect it as part of the Carmens River
protection movement. Currently elected officials and supporters of the range claim there are no environmental concerns.
|
********************************************************** At recent legislative meetings, it was observed that during breaks, local constituents
opposing the gun range gather around their Legislator Kate Browning. So..... Supporters of the gun range from across Long Island gathered around many of the other Suffolk County legislators.
********************************************************** See how the gun range fiasco all started wth Ginny Fields(D) So......
There was a fundraiser held in the fall of 2006 for Ginny Fields(D) at
the Trap & Skeet range on county property given by "Friends of Ginny Fields".
|
