The Citizens for the Preservation of Open Space (CPOS) at Theodore Roosevelt Memorial Park spoke at the Sept. 26 meeting at town hall. Their presentation was followed by the Oyster Bay Civic Association proposal for a rejuvenated TR Park with a bandstand on the jetty; a fountain; and a welcoming statue of TR - while maintaining the serenity of the park - and without a carousel.

Gerald Raymon, Esq. presented the broad case for the CPOS explaining that members of the group were frequent users of the park as he stressed the natural beauty, tranquility, and serenity of this national and town treasure. He said it is an "oasis in the desert" as Long Island continues to develop and asphalt the Island.

He said he enjoyed the park and looked forward to future plans and upgrades as long as the deed is followed. The carousel he said is legally and morally against the deed the town signed when it took over responsibility for Theodore Roosevelt Memorial Park from the Theodore Roosevelt Association in 1942. He said they were not against carousels per se, but were against a carousel in TR Park where the deed states "no carousel."

Town Supervisor John Venditto said that his senior counsel is looking into the legal aspects of the case. Mr. Raymon added, "You cannot make the TR Memorial Park into the TR Amusement Park."

Mr. Raymon said the town might need to get NYS Approval for the Alienation of Parkland. He added there were financial considerations the town should consider about the carousel including: the cost of cleanup; security, lavatory maintenance, insurance and the like.

Fran Leone, one of the initial organizers of the CPOS said they have over 300 signatures on petitions and more are expected. She said today saving open space is appreciated by residents as shown by the passage of environmental bonds by both Nassau County and the Town of Oyster Bay. She said in the May 28, 2006 The New York Times Long Island section said, "Environmentalists are giving the county four more years before it is all built out." She said, the North Shore Land Alliance said 260 acres of open space on their preservation list have already fallen to development.

Ms. Leone said, "TR Park is our Sanctuary by the Sea. It is the people's park." She said TR was a regular LIRR rider who said, "I wish that we as citizens of Oyster Bay could make here a breathing space for all people of this neighborhood especially for the less fortunate people."

Ms. Leone said, "This is the people's park and it is a well-utilized park all season long for passive recreation, boating, bathing, playgrounds for children, people walking, jogging, biking, having picnics, fishing, families with children, strollers, young people, older people, meeting, talking or just sitting to enjoy a scenic view or possibly just catching a sunset."

She spoke of the well-used reserved picnic pavilions that are used from May to September by town residents. Since the carousel would mean moving one of the pavilions closer to the other, they would lose much of the open space. She said that TR established the first wildlife refuge in 1903 in Florida and added, "We have located here the Oyster Bay Wildlife Refuge that is now listed as one of the 10 most endangered refuges in the national system."

She said as a member of the Oyster Bay Civic Association TR Park Restoration Committee she tried to have the landscaping restored and security improved. She applauded the town and the new TR Park manager - for working in a positive direction. She said, "TR Park is a destination in and of itself just like any historical building in Oyster Bay. The architectural landscaper designed other historical sites all over the country. We should restore the park keeping the original plan. We have a new Oyster Bay Rail Road Museum with a working turntable. It has a potential for attracting tourist dollars. With what is happening here - with the beauty of the park and the new Oyster Bay Rail Road Museum - let's give it a chance."

Ms. Leone disagreed with Charles Markis, Sagamore Hill chief interpreter for saying at the recent MSA carousel presentation, "We are unable to think for dead people and dead people don't have thoughts." She said a deed is how people preserve their thoughts and communicate with the future. "This is how deceased ancestors have communicated with us over the years. TR Park was deeded for open space, rest and recreation and no carousel," she said. "Let's teach our children about what this park represents - the open space, the waterfront, nature, the wildlife refuge." She said, from the present entrance to the park, it envisions what TR stood for, the viewer sees the trees, grass, open space and the American flag. The proposed carousel plan would move the entrance from where it is to the end of Audrey Avenue.

Ms. Leone pointed to photographs of the area that would be taken up by the proposed carousel 65 feet x 65 feet and 35 feet high surrounded by a plaza. Carla Panetta, a co-founder of the group stood at the easel showing the picture presentation.

Charles Doering spoke as a boat owner saying, with 100 boats docked at the Oyster Bay Marina, paying about $3,000 per slip the town gets $300,000 in additional revenue yet boat owners are not guaranteed a parking spot. From May to October people using the picnic pavilions also park there. "This park is the home of the conservation president and it should be kept forever green," he said to applause.

Charles Gaulkin said in this time where open land is being purchased to be preserved it would be ironic to give it away. He added the issue of noise saying, "You can't run a merry-go-round without the music. The sound of the music is what attracts people to it. And the carousel in the park would be a constant annoyance for the residents of adjoining streets and Florence Park." He objected to hearing the music and added, "It is not a very large park. The MSA wants to promote business in the hamlet and has the naïve belief that a carousel in the park would bring customers to Oyster Bay stores. That is not a sufficient reason to destroy the quiet of the park. It would be better to have an overall plan for the eastern waterfront rather than tying a plan to a specific project such as the carousel."

Mr. Gaulkin asked Supervisor Venditto if the board was looking into changing the deed and the supervisor said, "Obviously we have legal issues to be resolved and a town counsel is already working on them. We are trying to find out if we can do it."

Mr. Venditto said he is personally supporting the carousel. [When asked by telephone if Mr. Venditto would recuse himself from any vote by the board on the carousel, a town spokesperson said he would not, adding that the board has jurisdiction over the park through its parks department.]

At the meeting Councilman Angelo Delligatti added, "The TRA board indicated they would waive the conditions [of the deed] if the town board wanted to do it." He added the TRA board all voted in favor of waiving the deed except for Elizabeth Roosevelt [who represents the family as the only Roosevelt currently living in Oyster Bay].

Mr. Venditto said, "The town attorney, I believe, will resolve the issue in favor of the carousel in the park - if we get the waiver from the TRA." He added that he would take the objections under advisory.

Mr. Gaulkin asked if there would be a public hearing on the carousel. Mr. Venditto said it would be a public hearing or a resolution- whatever the law requires. Mr. Gaulkin said he hoped there would be a public hearing. [Later Mr. Gaulkin said when the Sagamore Rowing Association Quonset hut appeared at Beekman Beach - much to the annoyance of hamlet residents - the town allowed it without any public hearing which caused a great deal of controversy.] Mr. Gaulkin quoted from town law article 64 that says, "No franchise, permission or consent can be granted for use of public land without a public hearing. I hope that will be the applicable part of the law." "That's why we have a town attorney," replied Mr. Venditto.

Rita Pecora said if the carousel is approved the community will regret it as they do of the loss of many of the beautiful old homes that gave the area character.

She said promoting the educational aspects of the carousel sounds like a slick campaign slogan adding, "We have Sagamore Hill already providing educational benefits." As for the commercial sector needing a boost from a carousel, she said there are so many resources and so much potential here already - with a former president, museums, and famous artists who chose to live here and a rail road museum coming. She said that Oyster Bay has so much more than most communities across the country. "Resorting to a musical nuisance is not the answer to downtown revitalization," she said.

TR enactor James Foote, a resident of Sea Cliff and a member of the committee working on educational aspects of the proposed carousel, questioned a comment about the Oyster Bay Wildlife Refuge saying the boundary did not run along TR Park. [The Oyster Bay Wildlife Refuge does not include the area of the harbor from Cleft Road across the harbor to Cooper's Bluff, but the bathrooms in the park are hooked up to the Oyster Bay Sewer District which sends effluent into the harbor where there is the potential to impact on shellfish harvesting in the refuge.]

Mr. Foote said, "We're not building Six Flags here. It is a small carousel with a Theodore Roosevelt theme which I think is appropriate for Oyster Bay." He added, "I've heard a lot of people speak about their beloved TR. I'm a board member of the TRA and I don't see their names [on the membership list]. I support the carousel." There was some applause. [Gerry Ramon, Fran Leone and Charles Doering all said they were members of the TRA.]

Charles Murray represented the Florence Park Civic Association of 93 homes. The area is between East Main Street and the harbor, to the east of TR Park. He said the carousel would be contrary to TR's support of conservation and preservation of the natural environment as well as against the deed. He said, "The size of the structure would further erode the natural setting and diminish the open space we the residents of the town have come to know and enjoy."

Gennaro Pasquale, Esq. said the last time he appeared before the town board was in 1988 when there were proposals to develop condominiums on the waterfront. "It started with four people and became six people and Friends of the Bay was created. Beekman Beach was closed and there was a lawsuit before it was reopened. What started out as a few people became a groundswell of people demanding the preservation of the Western Waterfront."

Mr. Pasquale said, "I ask that you give this whole procedure enough time for the public to get further involved. The last meeting you had was a presentation but I don't believe there was sufficient public awareness of it. The silent majority hasn't begun to speak out on this issue. In TR Park in July there was a triathlon. Hundreds of people were there doing strenuous swimming - and there was TR in his hat and boots and he didn't say go to a carousel. What he said was swim, this is a strenous life, fight for it. He promoted physical activity. There isn't anything TR said in his life or writings that he would support a carousel."

Mr. Pasquale said he was at the MSA presentation. "The common denominator driving that presentation was an economic benefit. A push for an amusement ride to draw people to Audrey Avenue and West Main Street business district and the educational aspect is a slick marketing concept that degrades and diminishes the concept of education. Having a tic-tac-toe or an ABC on the back of a Kellogg's box is not an education," he said.

He said the MSA put on a professionally executed one-sided presentation to the board. "It was a credit to their advertising and marketing expertise. Now the time has come for the residents to be heard and it is just beginning. Last year they floated a proposal for the Nunley Carousel that never came about. Nunley's Carousel is still sitting in a warehouse. There was no connection between Oyster Bay and Nunley's Carousel and there is no connection between this carousel and TR Park. They failed to discuss what draws everyone to an amusement park - it's the carousel music," he said.

Mr. Pasquale said "I was the attorney who tried the Nunley case on behalf of the county. Someone gave me a wonderful disc of carousel music. You can listen to it for maybe 20 minutes even if it is a Billy Joel song."

Mr. Pasquale said MSA's talk of the financials of the carousel brought up more questions than answers. The income was $120,000 and the expenses at $85,000 with the possibility of the town receiving revenue. He asked, "Can you really pay an insurance policy, accounting, bookkeeping, legal, electric, power and light, educational items, maintenance, advertising, workmen's compensation, Social Security, salaries for three employees - all for $85,000. The person who made that presentation was not aware of what it takes to run a business. It simply can't be done."

He said, "The devil is in the details. They didn't discuss the insurance aspects of it: who would be responsible if the corporation that ran the carousel fell apart; whether there would be bonds to guarantee that the town would not be liable. There are many aspects of it that I hope there will be public scrutiny of." Mr. Venditto said, "I agree there are things to look into."

Mr. Pasquale added, "I understand that presentations were made in at least one of the schools. And lo and behold the fourth-graders thought it was a great idea." There was laughter in the audience. He said, "I think the use of children when presented here [by the MSA] was a very cynical use of the children. They were wonderful and charming. Who is going to attack the children?" He said a carousel is nothing more than a passive, attractive entertainment for children. Sitting in an amusement ride must rank very low in such activities as sailing, organized sports, hobbies, working, studying, helping parents, community service. It is a diversion. Kids like it for 20 minutes." He said a carousel would be a liability, an attractive nuisance that would attract vandalism in the winter.

John Plamer, Esq. said the 1942 deed was well-written and had a certain power expressed so that any future board could not turn it into Rockaway Playground. The planners didn't want a carousel, he said. They said the TRA could modify the agreement. When you look in Blacks Law Dictionary the definition of modify is to change but to maintain the intent. He said the town attorney will look at a case from 1922, that says a substitution is not the same as a modification or alteration. "You don't have the power to substitute. The TRA can't waive it. Your power is for the benefit of the public. Perhaps, we will let a court pass on it but you do not have the power to do whatever you want with it." There was applause.

At the end of the hearing, Bill Sheeline, MSA president, said he would get a copy of the minutes of the meeting and respond to the comments. Town Supervisor John Venditto said the town would accept comments from the public for the next 30 days.