The Nassau County Legislature has passed an ordinance authorizing the execution of a use and occupancy permit allowing the Sanctuary to utilize county land, storm water basin 232, between Tanners Pond Road and Nassau Haven Park, as a bird sanctuary. This ordinance and the permit arrived at after over a year of negotiating also follows some difficulties between the Bird Sanctuary and the Nassau County Department of Public Works which would not provide work supported by grants until the permit was obtained. The Sanctuary was originally operated through the Audubon Society, but when they ceased holding the insurance policy and managing the site in February of 1998, the Sanctuary had to go through the County itself to obtain a special permit.

President Robert Alvey of the Garden City Bird Sanctuary spoke with Garden City Life on Friday, July 16 to discuss what the permit now means for the Sanctuary, which has become fully incorporated and is registered with the IRS as a not-for-profit organization, and what's going on in what used to be just a County sump. Alvey explained that Sanctuary Board members Bob Stark, treasurer, and Doris Hauswirth, secretary, sat down with the County and went through the document line by line to continue renegotiating the terms of the permit. Alvey says that frankly he's still frustrated with the situation in some ways, as he sees several elements of the permit disturbing.

In order to obtain a permit to create a natural space and host birds and plant life, the regulations are tougher and there is less support from the County, according to Alvey, than if they were to bulldoze the site and create a soccer field. He added that the idea of creating a preserve out of a sump is new and the County simply isn't completely ready and adds that they "continue to educate the County" so it will become easier for other communities that are thinking of following Garden City's example. Alvey says if other communities see the difficult road they have taken and the lack of assistance from the County, they may become discouraged, but he says as the Sanctuary continues to work for more agreeable terms in the future, other communities can take heart that their efforts will be easier.

There is no time limit on the new permit, approved by the legislature around June 28 and signed approximately July 6. The permit exists "more by mutual consent" and can be "turned back in by the Board with a 90 day notice," Alvey said. There's an annual notice sent by the Sanctuary to the County regarding their insurance he added. The Sanctuary holds a $1 million liability policy holding the County "harmless" or "blameless" for damages, Alvey explained. The Village of Garden City is named in the policy, which is similar to the one that was held by the Audubon Society, which the Sanctuary Board originally believed could simply be transferred to the Village.

One of the greatest points of contention for Alvey personally and the Sanctuary has been the County DPW's refusal to aid in the installation of fencing and the like with the grant money received by the Sanctuary because of the lack of a permit. In the Nov. 12, 1998 issue of Garden City Life it was reported that a letter and a petition with over 200 signatures from Village residents and visitors to the Sanctuary was issued to county officials claiming that the Nassau County Department of Public Works had not been supportive of their efforts. NCDPW Commissioner John M. Waltz, in an interview over the telephone with Garden City Life on Monday, Nov. 9, 1998 called the letter and the wording of the petition "inflammatory" and said that the claims made by the letter are "grossly exaggerated."

Alvey stated in the Bird Sanctuary letter, "Rusted chain link, battered or missing supports, and broken barbed wire appear to be the acceptable mode of gate and fencing for the NCDPW. They are not acceptable for our community. ...The landscaping improvements and post and rail fencing are an inexpensive means of making a positive visual impact consistent with our local community and property owner goals." The letter also refers to the Environmental Beautification Program grant, and states that the grant had "identified this new style [estate style fencing] a highest priority so we could raise funds to purchase additional fencing along Tanners Pond Road."

The petition asked the county officials for help asking, "Must the NCDPW fraud continue? How long will the NCDPW continue to endanger children by allowing holes in fencing next to active railroad tracks?" The petition continues, "The Nassau County Department of Public Works was tasked with coordinating your innovative environmental program for dual use of storm water basins as passive parks, nature preserves, wildlife sanctuaries, and recreational fields... The NCDPW has instead made a policy of neglect and avoidance to prevent progress with your program."

Commissioner Waltz argued that the reason the money from the grant has not been issued to the Garden City Bird Sanctuary is the result of stalled negotiations with the Sanctuary's president and directors and the Nassau County Real Estate Bureau. Waltz argued the stalling was the result of the Sanctuary fighting for "the County to commit to doing far more work and giving the Sanctuary's people far more latitude." Waltz said, "The grant money can't be given until the permit is given."

In response to accusations that the NCDPW is not doing enough to ensure the safety of children from passing through holes in the fencing and accessing the railroad tracks he said that the NCDPW is doing its best to keep up with the repairs on their fences throughout the County. He added that the County has 600 storm water storage basins to maintain and that all of them are fenced and that the NCDPW tries "to maintain them all at an acceptable level. We routinely inspect and make repairs to all of the fences, but we are up against a frustrating situation when people cut the fences and trespass on the grounds of the water basins. We're trying to keep up the fences, but what the Garden City Bird Sanctuary has, is decorative fencing. The County doesn't put that around its parks. It's very expensive and the taxpayers of the County shouldn't be asked to pay for it. We use chain link fencing around all of the storm water basins."

Alvey says he hopes that now that there is a permit that the work will take place and the grant money will finally be utilized to improve the site. In the meantime, Alvey dedicates one day a week, as do several Board members, to working with BOCES students who volunteer through the Long Island Volunteer Center through July and half of August every Wednesday and Friday. The students do weedings, waterings, clean-ups, and general maintenance. There are ten students in all and their advisor Brian Roehrig who is on-hand to boost morale and share in the comraderie that has developed between the students and Sanctuary Board members.

Also in Sanctuary news, Paul Borgwald of the Audubon Society has become a director of the Bird Sanctuary, as has Dr. Russell Miller. The Board is still growing as is the membership, with at least 100 paid members for 1999. The WPOA has also donated funds for memorial trees. The Sanctuary is accepting funds for fencing and to create an information kiosk such as the one at Tackapausha State Park. Eagle Scouts or Gold Scouts are invited to help create the maps of the trails and layout the site. Alvey noted that without the aid of Scouts in the past the site would not be as beautiful as it is now. Stas Drakos, an Eagle Scout, volunteered to repaint the sign he made for the Sanctuary as an Eagle Scout project, to keep it as lovely as it was when first installed. Alvey also commended Kyle Smith on being named an Intel Science Award finalist for his project on changing sumps to bird sanctuaries.

The Sanctuary is also creating a 4 ft. sign explaining why the grass is left long in some areas of the Sanctuary. Visitors often ask why the grass isn't consistently mowed and it is then explained that there are nesting birds living in the tall grass in spots of the Sanctuary and so it is deliberately left long. Once explained visitors enjoy trying to spy the birds through the grass from the path.

A grant for or donations of hand tools for landscaping is also being sought at this time. Youth groups from local churches, Scouts, and community organizations are often looking for service projects such as this and need tools to help in the labor. Even the mentally challenged individuals of New Horizons in Hempstead have chipped in with litter pickup days at the Sanctuary. The Long Island Volunteer Center, according to Alvey, has done a tremendous job in funneling volunteers interested in outdoor work.

Alvey reports that the Sanctuary can also use help in updating their computer base. They currently have a minimal base and need help working out a computer filing system and data entry. There is an MS victim in NJ who Alvey says is a computer "wiz" whom cleans up Alvey's files over the net and enjoys checking in with the Sanctuary on its website. Computer help doing source searches and land schemes would be valuable as well.

In honor of Arbor Day, Alvey and the Sanctuary became involved with John Cronin of Stewart School in developing an Environmental Walk. Cronin has now joined the Sanctuary and frequently comes to the site to help with waterings. Approximately 200 tree seedlings were acquired for the Stewart School site and many students took the seedlings home for the summer to nurse them. Alvey himself has a couple of seedlings to which he tends. Sometime in September or October there will be another work day when volunteers and students will clean out another section of the school grounds for a mass planting of the seedlings. Parents, residents, alumni of Stewart School, and students all gathered on Arbor Day along with volunteers from the National Epileptic Foundation to start the work and all are looking forward to coming back in the fall.

To join the Sanctuary or participate in volunteer projects at the site, write to the Board of Directors and Rob Alvey at 44 Fenimore Avenue in Garden City.