The Muttontown Village Board is considering a proposal from the county for an equestrian center for the Muttontown Preserve. "The proposal," said Village/Clerk Treasurer Vivien Van Wagner, in her report to the Muttontown Village Board on July 12 said, "is in its infant state. There are many legal considerations concerning use and bidding for such a facility, because it is on municipal property, that will be investigated as the project develops."

The county contacted the village about the proposal because it wanted to know if the village board was "generally favorable" to the proposal - and they were. Board trustee Bert Spitz was appointed to work with the Muttontown Horsemen's Association board liaison, Ted Hollins. They are taking a close look at the plan.

Herb Mills, director, Natural History Bureau of the NC Department of Recreation & Parks explained the proposal to the village. The county has been approached by a private group interested in developing and operating a public equestrian center and boarding stable. Mr. Mills said it is similar to one proposed by the county 25 years ago and added, "The original county/village agreement for the Christie North parcel anticipated and permits this type of facility."

Rusty Holzer, a former Olympic rider heads the group. He and Ashley Nicoll, another Olympian, currently run the Riverdale Equestrian Centre in Van Cortland Park. Rusty finished second in the 1990 World Equestrian Games, Stockholm, Sweden; competed in the 1991 Pan American Games in Havana and the 1992 Olympic Games in Barcelona and had a third place finish for the team in the 1993 Central American and Caribbean Games. Rusty was named 1993 NGL Rider of the Year, while his horse Picasso earned the 1992 NGL Horse of the Year Award.

Ashley Nicoll, started her riding career at the local city stable in her hometown of Toronto, Canada and went on to become Grand Prix Champion of Canada. She was nominated to the Canadian Equestrian Team in 1984. She won a Bronze Medal at the 1988 Olympic Games in Seoul, Korea, was sixth in the World Cup for Dressage in 1989, in Gothenburg, Sweden. She competed in the 1990 World Equestrian Games in Stockholm, won Gold and Silver Medals at the 1990 Pan American Games in Havana and continues to compete at the international level with a number of horses. Mr. Holzer also competes on the international level.

The proposed facility would be located in the Muttontown Preserve, along Route 106, near the equestrian entrance, and would run south to Muttontown Road.

Fred Pincus, the county's equestrian expert and assistant to Commissioner John Kiernan evaluated the proposal for the development and operation of the center. He was quoted in Mr. Mills letter to the Muttontown village board as saying, "The three individuals involved are former Olympic riders with outstanding experience in both training and facility management. (As this newspaper went to press, the third rider was not named.)

"All buildings and site work would be at a high level, designed to blend with the entrance and surrounding area. To cover the investment and high standards, the projection is to negotiate a license agreement with a 20 year time frame from the date of completion. Upon conclusion of the set term, all improvements are to become the property of the County of Nassau (free and clear).

"During their period of operation a portion of rental payments are to be used for the general upkeep and security of the entire Muttontown Preserve. Operation's rubbish and manure removal are to be done on a regular schedule and ongoing basis by their facility.

"The concept of the program is to provide a certified and accomplished, professionally run teaching, training and horse boarding center. The purpose is to offer a school of horsemanship to those residents interested in either recreational or competition type riding.

"There will not be any informal public rentals for trail riding, however, there will be some pre-scheduled and supervised group rides for the students, which shall be confined to the preserve bridle paths. The foregoing is somewhat similar to the NYS Parks Program at Caumsett Park stables in Lloyd Harbor.

"All horses boarded at the Muttontown Preserve stables must display a facility logo on their saddle pad and be ridden only on the more than 20 miles of trails within the preserve. Failure to comply with this regulation will result in the loss of their stall.

"Further details will be developed," he said.

Mr. Mills added that the present agreement between the county and town does not necessitate their approval, but that they wanted to cooperate with the village. He added, "It appears, from your call to me, that the village also may have an interest in providing a riding and boarding stable in the community to make up for the loss of several small, private stables. If so, this proposal is quite timely."

Ms. Van Wagner said in a telephone interview, that it was correct. The village has been considering the issue because of the loss of boarding facilities for horses. "We lost the Conn property, known as Knollwood Farms on Brookville Road. It was sold to developers. It had boarded horses," she said.

There were qualifications in Mr. Mills letter. He wrote - "We are at the very beginning of this process. No commitments have been made to anyone. We would like to have all the issues on the table before we proceed with any county negotiations or agreements with private equestrian center operators."

Ms. Van Wagner said because the county is involved, the proposal must go through the bid process, which means that another entity could bid on the concept and possibly win the job.

At the July board meeting, where the matter was discussed, there was speculation that Charles Dolan or Charles Wang might find the idea of great interest.

Looking at the plans, Ken Hollins said the area appeared to need more space for outside exercise for the proposed 20 horses to be kept there.

The plan for the center includes a 240' x 120' indoor riding ring and stalls as well as a smaller 64' x 120' stable. In the 1970s the proposed location of county stables and riding rings were set back into the preserve at the west end of the parking lot. The new location is south of the parking lot and the county noted: "based on a recent site investigation, we have determined that the new siting is less intensive into the preserve, has better existing grades and is covered with a preponderance of non-native, disturbed site vegetation." It would therefore be an easier site to work on and would affect the area less.

Ms. Van Wagner emphasized that the project is just beginning - and is in its infancy.

At the same meeting, the Village of Muttontown was informed that it has won its case to have the OmniPoint wireless transmitters removed from four LIPA poles in the northerly area of the village. OmniPoint was denied an injunction to prevent the removal of their equipment.

The case tried in US District Court by Judge Jacob Mishler had OmniPoint going against the Incorporated Village of Muttontown, LIPA and MarketSpan, doing business as KeySpan Energy.

OmniPoint had contracted with LIPA to use their utility poles to hang their wireless equipment. The Village of Muttontown ordered LIPA to have OmniPoint remove the equipment, which they requested. OmniPoint tried to stop that order.

OmniPoint contended that they have a right to do business in accordance with the Federal Telecommunications Act and that in denying them the right to use the poles they were being discriminated against since Bell Atlantic is allowed function in the village.

The judge in his decision said: "Limited authority of local governments to regulate the placement, construction, and modification of telecommunication towers, facilities and equipment in its community was preserved under the Telcom Act."

The decision said, "Omnipoint's argument that the Village had no right to deny it the right to enter and place transmitting equipment on utility poles within the Village (citing ¤ 332 (c)(7)(B)(ii) or the right to enter the Village 'to provide interstate or intrastate telecommunications service (citing 47 U.S.C. ¤ 253(a)' is rejected."

They added that "OmniPoint's claim that the Village violates subsection (1) of ¤ 332 (c)(7)(B) by authorizing Bell Atlantic to conduct telephone service and use conventional phone lines within the Village is rejected."

Therefore they concluded that "The Village has jurisdiction over the placement and construction of cellular facilities. Omnipoint fails to establish discrimination among providers of functionally equivalent services."

The decision also comments on the fact that "OmniPoint may make application for permission to use the utility poles, 'if the facilities are removed.'" Village Attorney Peter MacKinnon wrote to MarketSpan on Feb. 5 saying the village "will not entertain any application to maintain or relocate existing equipment within the Village until the facilities are removed."

The decision also says, "There is no showing that there are not OmniPoint locations outside of the Village that would provide some coverage within the Village and along Route 25A and Route 106. Omnipoint could also establish alternate locations in other municipalities. For instance, the Town of Oyster Bay is cited by Omnipoint as a municipality receptive to its installations, and the Town of Oyster Bay surrounds 50 to 60 percent of the borders of the Village of Muttontown."

The court ordered that OmniPoint's preliminary injunction was denied and the moratorium on such decisions are in effect until July 9, 1999. Actually, the village added an extra three months onto their moratorium which brings the date to October.

Whether OmniPoint removes the equipment before it asks for permission to put their equipment on Muttontown poles may depend on OmniPoint's claim that it cost $70,000 to place that equipment on each pole.

Still, Judge Jacob Mishler noted in a footnote on the last page of the decision that Mr. MacKinnon's letter states: "The Village is firmly committed to the removal of these facilities and will not entertain any application to maintain or relocate equipment within the Village until the facilities are removed."

To sum up the issue: the law says entities have the right to install these towers, the local village has a right to say where to place them. When OmniPoint went ahead and put them up without asking the village, they exceeded their authority.