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HomeMy WebLinkAbout1000-9.-2-6.2 (2) �g�FFO(,��, MEMBERS � O P.O. Box 1179 )WSKI,JR. _40 Town Hall, 53095 State Route 25 .ian o Southold,New York 11971-0959 CREMERS • Telephone (631) 765-1938 L.EDWARDS t Fax (631) 765-3136 .CHIE LATHAM,JR. ,RD CAGGLSNO PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 11, 2001 Patricia C. Moore, Esq. 51020 Main Road Southold, N.Y. 11971 Re: Proposed Lot Line Change Island Health Project,hic SCTM# 1000-9-2-6.2 & 6.8 Dear Ms. Moore: This office has received a request from the Town of Southold Building Department for further documentation as per the Town Code to assist them in a determination of the lot merger issue. Please provide a Title Search for the referenced parcels. Please contact this office if you have any questions regarding the above. Very truly yours, ViE Platt vier Senior Planner PLANNING BOARD MEMBERS �gUFFp(,�c BENNETT ORLOWSKI,JR. Off, Town Hall, 53095 State Route 25 Chairman �l/,y P.O. Box 1179 WILLIAM J. CREMERS co Southold, New York 11971-0959 KENNETH L. EDWARDS y Z Fax (631) 765-3136 GEORGE RITCHIE LATHAM,JR. O .� Telephone (631) 765-1938 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael Verity, Principal Building Insp From: Valerie Scopaz, Town Planner V.' Re: Island Health Lot line application, FishMrsland SCTM# 1000-9-2-6.2 and 6.8 Date: December 4, 2001 The Planning Board requests your review of the attached information and a determination if the two lots in question are considered merged by your department. The favor of a reply before the December 1dh meeting would be appreciated. LF T. 40. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary October 25 , 2001 Bennett Orlowski, Jr. , Chairman, and Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, NY 11971 46 2001 Re: Island Health Project Inc . , and Fishers Island Civic Association SouWdTM Dear Chairmen and Board Members : Enclosed please find a copy of the recorded "correction deed" between Island Health Project Inc . , and the Fishers Island Civic Association dated August 27, 2001 and filed on October 9, 2001 in the Suffolk County Clerk' s office . The deed corrects the identity of the grantor of the lot designated 1000-90-2-6 . 2 from IHP to FICA, such that both contiguous lots are owned by the same party, FICA. In that the parcel is in the R-40 zoning district, requiring a minimum lot acreage of 40 , 000 square feet in area, and the contiguous parcels are held in common ownership, the undersized parcels have merged as a matter of law. The merging of the parcels makes the pending application for a lot line change moot . If you have any questions please do not hesitate to contact me . v,ery tr y yours, Li,-- ,, CC : Mrs . Susie Parsons, John S .W. Spofford, Albert Stickney, III , Linda Margolin Esq. , Richard Mathews Esq. WHEREAS, Island Health Project ("IHP" ) and Fishers Island Civic Association ("FICA" ) as the owners of two contiguous lots, 1000-90 . 00-2 . 00-6 . 002 and 1000-90 . 00-2 . 00-8 . 00, respectively filed an application with the Planning Board of the Town of Southold on or about March 7, 2001, for a lot line change, which application if granted would create a single lot from the lots separately owned by IHP and FICA, and WHEREAS, the Planning Board of the Town of Southold has yet to act upon such application, and WHEREAS, the Planning Board has been furnished with evidence that on October 9, 2001, a deed was filed with the Suffolk County Clerk correcting the identity of the grantor of the lot designated 1000-90 . 00-2 . 00-6 . 002 from IHP to FICA, such that both contiguous lots are now owned by the same party, FICA, and WHEREAS, the zoning district where the two contiguous parcels are located requires a minimum lot area of 40, 000 square feet or one acre, and neither of the two contiguous parcels is equal to or greater than 40, 000 square feet in area, and it appearing to the Planning Board that as a matter of law, a merger of the two contiguous parcels has occurred effective with the date of the correction deed, August 27, 2001 , be it now RESOLVED, that the Planning Board denies the pending application for a lot line change as moot, the two parcels in question having already been merged by operation of law as a matter of law as of August 27, 2001 . Sent By: BRACKEN AND MARGOLIN; 631 234 8702; Oct-12-0�110:44AM; Page 2 I IIIIIII IIII VIII VIII VIII VIII IIID ILII IIID IIII IIII 1111111 VIII(IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: CORRECTION/DEED/DCO Recorded: 10/09/2001 Number of Pages: 5 At: 02 :18:23 PM TRANSFER TAX NUNMER: 01-09570 LIBER: D00012145 PAGE: 950 District: Section: Block: Lot: 1000 090.00 02 .00 006 . 002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0. 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15 .00 NO Handling $5 . 00 NO COE $5.00 NO EA-CTY $5 .00 NO EA-STATE $25.00 NO TP-584 $5. 00 NO Notation $0.50 NO Cert.Copies $4 . 00 NO RPT $15.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $79 .50 TRANSFER TAX NUMBER: 01-09570 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County Sent By: BRACKEN AND MARGOLIN; 631 234 0702; Oct-12-01 10:44AM; Page 3 Number of pages FV i}N_00! Oct !'? 021'Bt%.- ?M TORRENS Eduard P.Roraine Z-F'K OF Serial N 071YU: WUNTY L D000(??4 CertificeleM F 95p 01'-N57" Prior Of.N Dccd/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps r FEES Page/Filing Fee Mortgage AmL Handling 1.anic'rax TP-584 S 2.Additional Tax _ Notation ! Sub Total FA-52 17(County) J Sub Total O•S� Spec./AssiL EA-5217(State) Or ,`— Spec./Add. _ R.P.T.S.A O 0 'mr.MTG.TAX Comm.of fid. S Q� iy 4-s Dual Town_peal County= ■7�Ifj7,yr DHeldual for Apportionment Alli • • Transfer Tu Certified Copy Mansion Tax The property covered by this mongage isis or Reg.Copy '/ will be improved by a one or two family Sub Total Yom', dwelling only. Other C/ o•' YFS -1,10GRAND TOTAL 7/ f NO,tee approeriate tax clause on page N of this instrument. Rai Properly Tax Service Agency Verification 5. Community'PMSMation Fund Dict. Section a look Lot Cousidemliun Amount S �W' I oOG 09, �', D,()CACPF Tax Due S Uate IaNh 1 Improved Initial,Lrey Vacant Land ions/Discharges/Relesses List Properly Owners Mailing Addrew TD 17 -satislact RECORD 6RItTVRN 70: o TD TD a�Q1,1,✓L- e Title Company I fo ation Co.Nerve Title N 21 Suffolk County Recordin & Endorseme t Pa e This page forms part a I made by: ���`-'- (SPECIFY TYPE OF MRUMFNT) t -T-s /t The prtvnisa herein is situated in Cif- , SUFFOLK COUNTY,NEW YORK. Tp In the'I'bmisiltip of_6w4A.. In the VIT.I.AC'IE '_• _ `�SOGdt�l lS�l i RC1 C or HAMLET of 4s ky s Xyl tQ BOXES 5 TI IRU 9 MUST BE TYPFJ)OR PRINTED IN BLACK INK ONLY PRIOR'1'O RECORDING OR FILING. Sent By: BRACKEN AND MARGOLIN; 631 234 8702; Oct-12-01 10:45AM; Page 4 Dear Taxpayer, Your satisfaction of mortgage has been tiled In my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment Included your property taxes, ymi will now need to contact your local Town Tax Recewer so that you may be billed directly for all future property Lax bills• Local properly taxes are payable twice a year: on or before January 10' and on or hefnre. May 31"- Failure to make payments In a timely fashion could result In a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment, Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst. N.Y. 11757 Riverhead. N.Y. 11901 (631) 957-3004 (871) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson.N.Y. 11777 Shelter Island, N.Y. 11964 (631) 473-0236 (631) 749-3338 . East Hampton Town Receiver of Taxes Smithtown Town Receiver of'raxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of'raxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 2836514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (6311 765-1803 Sincerely, S K�Wdt Edward P. Romaine Suffolk County Clerk dw 2/99 Sent By: BRACKEN AND MARGOLIN; 631 234 8702; Oct-12-01. 10:45AM; Page 5 CORRECTION DEED NO CONSIDERATION This Deed is given to correct and replace Deed Dated February 16, 1978, recorded in the Clerk's Office in the County of Suffolk on February 2 7, 1978 at Liber 8394 Page 37,for no consideration, in ordertocorrect the identity of the grantee. THIS INDENTURE,made the I�y of August, two thousand and one. BETWEEN FISHERS ISLAND UTILITY COMPANY,INC.,a New York corporation with an address of Main Street, Fishers Island, New York, 06390 party of the first part, and FISHERS ISLAND CIVIC ASSOCIATION,INC., with an address of Main Street, Fishers Island,New York, 06390, party of the second part, and, solely for the purpose of consenting to this Correction Deed, ISLAND HEALTH PROJECT,INC., a New York not-for-profit corporation with an address of Main Street, P.O. Box 344,Fishers Island,New York, 06390 the grantee of the Deed Dated February 16, 1978, WfTNESSETfi,that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate,lying and being at FISHERS ISLAND, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK, being bounded and described as follows: BEGINNING at a monument at the intersection of the Northeasterly line of Oriental Avenue and the Northwesterly line of Crescent Avenue, said point also being located 2417.82 feet North of a point which is 2003.32 feet West of a monument marking United States Coast and Geodetic Survey Triangulation Station "PROS"and thence running along said Oriental Avenue line North 370 43' 20"West 144.99 feet; thence North 52° 16' 40"East 74.67 feet;thence South 37°43' 20" Fast 142. feet to said Crescent Avenue line,thence along said road line South 50° 06' 20"West 74.73 feet to the point of beginning. Containing 0.25 acres,more or less. Sent By: BRACKEN AND MARGOLIN; 631 234 8702; Oct-12-01 10:45AM; Page 6/9 AFUNG a portion of those premises granted to the party of the first part by deed of Wast End Land Company, Incorporated dated June 6, 1966 and recorded June 13, 1966 with the Office of the Clerk of the County of Suffolk in Volume 5973 at Page 17. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN THE PRESENCF OF. FISHERS ISLAND UfILTTY COMPANY, INC. l�—e c RY �'• 6fdd�.5�j�r�.spN S 4ecrett President G. �ti�_fMo tom_ The making and filing of this correction Deed is consented to by. ISLAND HEALTH PROJECT,TNC- BY: Ta��v ►'v J Secretary President Sent By: BRACKEN AND MARGOLIN; 631 234 8702; Oct-12-01 10:45AM; Page 7/9 State of New York ) )ss.: County of Suffolk ) On the iL day of August, of year 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that S,& DE+S TA(Z&O w t executed the same in +RS. capacity(ies), and that by _ -MS S signature on the instrument, the individual or the person upon behalf of whie ividual ac executed the instrument. Notary Public THOMAS F.DOHERTYJR. Notary Public State of Now York No.eeeSSSS Ousllflea In Suffolk Cam y Tarin Expired 1=1 State of New York ) ss.: County of Suffolk ) On the jjL day of August, of year 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that " el executed the same in h`y( - capacity(ies), and that by t42- signature on the instrument,the individual or the person upon behalf of whi vidual act executed the instrument. NotaryPublic THOM"F.O"Ill"in. Notary Sublit Siete of Now York No.I80061110 inueSEee In Suffolk CWfy Term Expire$12a Sent By: BRACKEN AND MARGOLIN; 631 234 8702; Oct-12.01 10:46AM; Page 819 State of New York ) )as.: County of Suffolk� On thcd1'744 of August, of year 2001, before mo, the undersigned, a Notary Public in and for said State, personally appeared, personalty known to me or proved to me, on the basis of satisfactory evidence to be the individual whose name is subscribed to the`' within instrument and acknowledged to me that NSexecuted the same in h*- capacity(ies), and that by araC. signature on the instrument,'the individual or the person upon behalf of which a individual acted, executed the instrument. Notary Public Ow � Mn,Nos N 1p1w lk Na Am"# r3wlla00 M$Wtolk Ceugry Tone Frphoo 1'2131= State of New York ) ss.: County of Suffolk ' ) On th* 7r may of August, of year 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within inslruunent and acknowledged to me that N !: executed the same in .hwa- capacity(ibs), and that by _ signature on the instnunent, the individual or the person upon behalf of whic vidual acted executed the instrument. Notary Public `�"' d TNIoMAs 1,DCNENIY,IR. Notary PuMk slop o1 Now.-York i0' ;,;G 4._175 No.4110ssse "olkea in auNWk eosry Term UplraA 12411O— k'y 60, '00 T'OOF 030'�003� , Sent By: BRACKEN AND MARGOLIN; 631 234 8702; Oct-12.01 10:46AM; Page 9/9 STATE OF NEW YORK County of Suffolk as.: I, EDWARD P. ROMAINE,Clerk ofthsCounty OfSuffolk and Clerk offtSupreme CouttoltheState of New York in and for said County(said Court being a Court of Record DO HEREBY CERTIFY that I have compared the annexed copy of 4160, �c rlP ?so ,loco c G'�O and that It is a just and true copy ooff suuch/Ooriginal a / Of the whole thereof. C( e�/7O A,/ and IN TESTIMONY YVHEREOF,I have hereunto set my hand and affixed the seal of said County and..Courtthis '/� day of OC,7. a�J. , . . . . . . . . . . . . . . . . ... . .. . . . . . . . .. . . . . . .fl„ . Form No. 104 Clerk, izra..,asrK. e, T� i tv Richard M. Mathew, Esq. LLC Attorneys at Lawy Main Street, E O. Box 1428 Bridgehampton, New York 11932 Tel: (631) 537-1984 Fax: (631)537-3445 Richard M. Mathew E-mail: RMMathewEsq@aol.com Maxine Hirt Of Counsel BY HAND 10 September 2001 Planning Board Town of Southold Town Hall 34 201 Southold, New York 11971 Re: Island Health Project, Ina s �, n Wsga t Application for Lot Line Modification Dear Board Members: As you know, this office represents Windham Resources, LLC, and the Anthoine family (which includes Nina W. Leth), who are objecting to the above-referenced application currently before your board. This letter is intended as our response to the materials submitted by Pat Moore, attorney for the applicant, at the opening of the public hearing on the application on July 16, 2001. Please include the letter in the record of hearing. For the record, Island Health Project seeks a lot line modification to merge Fishers Island lots identified as 1000-9-2-8 and 1000-9-2-6.2 ("Lot 6.2") on the Suffolk County Tax Map. My clients believe that Lot 6.2 does not legally exist; rather, it is part of undivided lot number 1000-9-2-6 ("Lot 6"). Our position is more fully set forth by letter dated July 16, 2001, which I submitted at the opening of the hearing. Among other things, Ms. Moore claims that the Anthoines have forfeited their right to advise the board that Lot 6.2 does not legally exist because they have enjoyed the ownership of its sister"lot,"number 1000-9-2-6.1 ("Lot 6.1"), since 1978. Not for one minute do the Anthoines mean to suggest they do not own the land currently identified as Lot 6.1. After all, it was conveyed by deed to their predecessor in interest, Edith Anthoine, in 1978. However, the fact that a portion of Lot 6 was conveyed more than 20 years ago to Edith Anthoine, and the remainder to Island Health Project, Richard M. Mathew, Esq. LLC does not mean that the land identified as Lot 6 currently enjoys legal status as two separate lots, i.e. Lots 6.1 and 6.2. The Southold Town Board, in 1995 and 1997, adopted and amended Southold Town Code Section 100-24 ("Section 100-24"), which addresses the question of what constitutes a legal lot within the town. That section provides in relevant part as follows: A. A lot created by deed or town approval shall be recognized by the town if any one of the following standards apply and if the lots have not merged: (1) The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA as of the date of lot creation. (2) The lot(s) in question is/are approved by the Southold Planning Board. (3) The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. (4) The lot(s) in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. B. All lots which are not recognized by the town pursuant to the above section shall not receive any building permits or other development entitlements. (Emphasis supplied). It appears that Section 100-24 controls whether Lots 6.1 and 6.2 are single and separate parcels. Subsections (A) (2), (3), and (4) are irrelevant here since, to the best of my knowledge, there has been no prior Town Board, Planning Board or Zoning Board of Appeals action concerning Lot 6. That leaves subsection(A)(1). It is without question that separate portions of Lot 6 were conveyed to Edith Anthoine and Island Health Project by deeds during 1978. However, that lot, even prior to the 1978 conveyances, did not meet the then-minimum lot requirement for lots in a residential zone, according to Bulk Schedule AA, a copy of which is attached hereto. That requirement was 40,000 square feet; Lot 6 consisted of .64 acre, which is considerably less than 40,000 square feet. Lot 6 having failed to meet the tests of any part of subsection(A), one need not address whether any lots have merged. Richard M. Mathew, Esq. LLC Thus, there is no part of Section 100-24 that operates to give legal status to Lot 6.2. By virtue of Section 100-24(B), I respectfully submit you are enjoined from considering the instant lot line modification application. At minimum prior to your considering this application, another application would have to be filed with you to have Lot 6 recognized as two separate parcels as provided in the 1978 deeds. However, Windham Resources would be a necessary party to that application, and I advise you it will not participate. Beyond the law is a policy issue that I believe the Board must seriously consider. If the Board were to approve this application, it would be according legal rights to an illegal subdivision. The precedential value of such an action might very well have wide and negative implications for the town as a whole by encouraging owners of other illegal subdivisions to submit similar applications! Because of the foregoing and Section 100-11(B) of the Town Code, which addresses conflicts between the code and any rules and regulations promulgated thereunder, Ms. Moore's discussion of the Planning Board rules and regulations, current and historic, is irrelevant. Moreover, my office has been advised by the Southold Town Attorney that the so-called rules and regulations were never committed to writing and that the Zoning Code now controls all issues that prior Planning Board practice may have covered. Thank you for the opportunity to present our views. Very truly yours, 1 - "I? • � Richard M. Mathew Encl. L X � l k 1 � f � d 4 ZONING SWT Town of Southold Bulk Schedule AA [Added 11-28-1995 by L.L.No.23-1995; amended 7-22-1997 by L.L.No.22-19971 Lot Size (square Width Depth Date of Lot Creation feet) (feet) (feet) Prior to April 9, 1957 Any Any Any Between April 9, 1957, and December 1, 1971 A Residential Zone 12,500 100 Any B and B-1 Business Zone 7,500 50 Any B-2 Business Zone 40,000 50 Any Multiple-Residence Zone 12,500 100 Any C Industrial Zone 12,500 100 Any Between December 2, 1971, and June 30, 1983 A Residential Zone 40,000 135 175 M Light Multiple Residence 40,000 135 Any M-1 Multiple Residence 80,000 200 Any Zone B-Light Business Zone 20,000 60 Any B-1 General Business Zone 30,000 150 Any C-Light Industrial Zone 40,000 200 Any C-1 Heavy Industrial Zone 200,00 300 Any I 8-10-97 I Richard M. Mathew, Esq. LLC Attorneys at Law G Main Street, P. O. Box 1428 Bridgehampton, New York 11932 Tel: (631)537-1984 Fax: (631)537-3445 Richard M. Mathew E-mail:RMMathewEsq@aol.com Maxine Hirt Of Counsel 29 October 2001 Planning Board sa Town of Southold Town Hall OCT 3 Southold,New York 11971 Re: Island Health Project, Inc. -7QUth^l'1 Tow- Lot Line Modification 1 Dear Board Members: As you know, I represent Windham Resources, LLC, and the Anthoine family, owners of Fishers Island lots contiguous to property owned by Island Health Project, Inc. ("IHP"), and Fishers Island Civic Association("FICA"). On my clients' behalf, I have appeared at several of your recent meetings to object to the above-referenced application for a lot line modification that would merge those lots, identified as Nos. 1000-9-2-8 and 1000-9-2-6.2 ("Lot 6.2") on the Suffolk County Tax Map. I have received a copy of the October 25, 2001 letter sent to you by Patricia Moore, attorney for IBP, which advises you that a deed has been executed that transfers Lot 6.2 from IBP to FICA. Ms. Moore further withdrew the above-referenced application, claiming it has been rendered moot by the transfer because the lots in question have merged by operation of law. Although it is Ms. Moore's prerogative to withdraw the application, I strenuously object to her characterization of the implications of the land transfer. The two "lots" now owned by FICA cannot possibly merge because, contrary to Ms. Moore's assertion, the parcels are not held in common ownership. Windham Resources is a part owner of the lot putatively designated as Lot 6.2, which does not legally exist. I am enclosing a copy of a letter, dated September 10, 2001, that I had intended to submit at the next scheduled hearing date for the IHP lot line modification application. It explains, in detail, why Town of Southold law prohibits recognition of Lot 6.2 as a single ' and separate parcel. I respectfully refer you to that letter for an explanation of our position on this matter. It is unclear to me what steps IHP-FICA will next take in their zeal to obtain permits to construct a patently illegal health care center on the property contiguous to my clients'. However, whatever that step may be, they may rest assured we will be there to point out the illegality of the so-called merger, among other things. Very truly yours, ttJ2,,r.t,Z,._ . Richard M. Mathew Encl. cc: Nina W. Leth Patricia C. Moore, Esq. "lQ�+� 4' !:� .,���y� ,,,,.� - ,; .�,.. sem. ;: ~< '"` �/ ,' `�' �� .��. �.. ,; ,� ,_. o �' ..:: -- �, ?� ,� t � � � ri � � ■ ,� �;,,, � `" iz :� � ,+ i 1��J�� :s .� )� .. 1��.. �� � � A e a„ �' �'� = �. � 1?'. .��:azY� . sjf •��;�wa��s. r .,, d �,�. -r„r�,,�� s' �. . ■pd - f ? .. lobe , s 1 MEMORANDUM D ISLAND HEALTH PROJECT LOT LINE CHANGE D JUL 162001 FACTS Southold Town Planntnosmd An application is before the Southold Town Planning Board for a lot line modification which will authorize the applicants to combine the parcel owned by Island Health Project, Inc. (IHP) with the lot owned by the Fishers Island Civic Association.(FICA). The Lot line modification will enable the applicants to expand the existing Doctor's office. The applicable properties are the IHP property(SCTM# 1000-9-2-6.2), the FICA property(SCTM# 1000-9-2-5) and the adjacent property of Windham Resources, LLC (Anthoine family)(SCTM#1000-9-2-6.1). The following is a copy of the Tax Map: �' � ca �tsa o ��,FIREDISTRIG� rJ s U.513 �� a*EISI-IERS 45t^ Y' 03 75 LO 6 s M 3 9 „i/'`�` V ti° . -1.8A a � � I'd 1.8n1C) 75 r Pym FISHERS M1 Qa M1 6 CIVIC 37 165 6' 1 i p_ 114 ' 1 W 8.2 .5 � 7 8 � 5 N ryoti C'�• L The Anthoine Family has objected to the lot line modification claiming that they must consent and join in this application because they are "part owners" of the IHP parcel. They claim that SCTM#1000-9-2-6.2 does not legally exist as a separate parcel. They are incorrect as a matter of law and fact. The Anthoine Fancily has enjoyed the benefit and use of their land(6.1)as a separate parcel for over 24 years, they have paid the real estate taxes on this separate parcel and I ' even transferred it as a separate parcel in 1999 into Windham Resources, LLC. LAW I. The Anthoine family, knowingly and willingly accepted from Fishers Island Utility the land which adjoined their property and can not now claim that the division is "illegal"and entitles them to be co-owner of the Island Health Project parcel. In 1978 the Town of Southold Planning Board procedures were not codified in the Southold Town Zoning Code. The Planning Board authorization was derived from Town Law and Town of Southold Rules & Regulations for the Subdivision of Land. Town Law defers to the municipality to determine what constitutes a"subdivision". In 1978 lot line modifications which did not result in two (2) or more plots did not require Planning Board review and approval. In 1980 the Planning Board amended their Rules &Procedures to clarify the definition of "subdivision" to reflect the Planning Board's policy that the division of any parcel into two or more plots did not include the "set-off' or creation of a single lot This definition was codified into the Southold Town Zoning Code in 1983 and remains substantially the same today. In 1978 the Fishers Island Utility Company owned one lot known as SCTM#1000-9-2-6. At that time the utility company offered to convey this piece of property to the adjoining property owners. It was proposed that a portion of the property would be conveyed and added to the Anthoine family property. The balance of the utility company property would be conveyed to the Island Health Project, Inc. for incorporation into the lot on which the island doctor's office was located. The effect of the proposed conveyances would be the enlargement of the respective Anthoine and IHP properties and the elimination of the parcel known as 1000-9-2-6. The Anthoine Family owned the 1.8 acre homestead (1000-9-2-7)which abuts the Utility company's property. In 1978 the Fishers Island Utility Company, Inc. offered to Robert Anthoine, predecessor in title of Windham Resources LLC, the right to purchase "a portion of the parcel owned by the Utility Company, being 220' x 75', for$2,000 an acre. (Exhibit A) Mr. Anthoine inquired about subdivision costs at that time. However, since the parcels were split by deed, as a boundary line change to be used together with his adjacent land, and not as a single and separate parcel for development. No subdivision application was required. Island Health Project, Inc. had been created to manage the existing doctor's office and subsidize the cost of health care on the Island (see attached memorandum response to the Attorney General regarding the history and purposes of the Island Health Project) . Fishers Island Utility Company offered to IHP the same opportunity for the portion of the parcel which abutted the existing Doctor's office. Requiring no formal Planning Board action the Fishers Island Utility Company transferred title to Island Health Project, Inc. That lot line modification was legal and authorized without Planning Board approval and Anthoine (now Windham) has no legally recognized ownership interest in the subject properties. They are merely adjacent property owners and have no greater standing than any adjacent property owner. Under the current subdivision regulations the Planning Board's policy is to review lot line modifications . II The statute of limitations to object to the lot line modification made in 1978 has long expired. The transfer of the properties occurred in 1978, twenty-four years ago, and the objectants benefitted by the transfer. They can not now object to the attempt to develop the subject land. The objectants have, since 1978, treated the portion of the utility company property they received by deed exclusively as their own. They have paid the real property taxes on the property they received, and in 1999 transferred"their"portion of the property to a family controlled limited liability company. It is ridiculous to suggest that IHP's application for its property with the civic association requires the objectant's consent. Certainly Windham would not seek IHP's approval of any improvement they may wish to make to Windham's own property. 11I. The objectants claim that Island Health Project is not authorized to conduct a medical clinic. This issue is outside the Planning Board's jurisdiction. The objectants have filed frivolous claims with the Attorney General's office which have been addressed directly with the Attorney General's office. Attached for your information and knowledge is the response filed by the Fishers Island Health Project, Inc. and Fishers Island Civic Association. The merits of these objections are irrelevant to the application for a lot line modification pending before the Planning Board. The Planning Board's has no jurisdiction or authorization to determine this issue. Title to the property was conveyed to IHP while the property abutting (lot 1000-9-2-8) was owned by the Fishers Island Civic Association which provided the property for the doctor's office. Regardless of the ownership of lots 6.2 (IHP) and 8 (Civic Association), it is the intention of the two organizations to jointly provide the property needed for the continued operation of the medical facility serving the residents and guests of Fishers Island. -" ML"t NARIDON PAGE 02 FISHERS ISLAND UTILITY COMPANY, INC. FISHERS ISLAND NEW YORK 06390 AREA C170E S16/7BB-7251 ' NOVEMBER 3, 1977 MR. ROBERT ANTHOINE 1065 LEXINGTON AVENUE NEW YORK, NEW YORK 10021 DEAR 008: FISHERS ISLAND UTILITY COMPANY WISHES TO DISPOSE OF THE LAND OPPOSITE THE POST OFFICE ON ORIENTAL AVENUE. THE COMPANY HEREBY GIVES YOU FIRST REFUSAL ON THE PORTION ADJOINING YOUR PROPERTY - APPROXIMATELY 2201 X 751 CONTAINING AOOUT .39 ACRES - DRAWING ENCLOSED. THE PROPOSED SELLING PRICE WILL BE @ , 2,000 PER ACRE PLUS ANY NECESSARY LEGAL AND SURVEY EXPENSES. WE RESERVE THE RIGHT TO RECONSIDER THIS PROPOSAL IN THE EVENT THE ISLAND HEALTH PROJECT DOES NOT WISH TO PURCHASE THE PIECE ADJOINING THEM. PLEASE ADVISE AT YOUR EARLIEST CONVIENCE YOUR INTEREST IN THIS OFFER. THANK YOU. SINCERELY YOURS, RICHARD S. BAKER PRESIDENT MNCL: CC: H.S. PARSONS, CHAIRMAN HLLLM KFINILUN PAGE 62 1 ALL110"GNOAT{ LAW OPPICE9 OF [DWI"P. BRONSON WINTHROP NEVtNf PETER H."MIMM WINTHROP, STIMSON, PUTNAM a ROBERTS 1810'-194A JOAN J.6OLAND HENRY L.STINSON 6AWt`ML C.0 AYNEA161'-ow .JA. •O WALL STREET, NEW YORK, N.Y. 10003 MLRRLL DONALD LMBOLOCA ALBERT W.PUTNAM JOHN L JH{tVP 16M-168B HNDICOTT A.owl"" AMR. C O D s OLOROL R06ERT9 RO6fRBCWT T AMTHO,NL N6TINI » NCpWDINAN CAOLE�WIN.T: TELEX eEDI61A-1966 J.PHILIP MMN WILLIAM N. • [V ARTHUR N. A5,11IT JN. [URDPN" , ARTHURE.PETTIT WILLIAM W.R " {,OIfAMIW01[ WILLIAM C. R HO•WILL LObON, HAYDEN N,SMITHCARL N. EDWINJ.Wb1113.1 TLIVNOYE OI.WEbI EOVH6[l TERENCE N.691M60W i4p:wINCVT-NOM[ {THAM" L.WAITL EA fflwvr%%unto"LE[ '�- RTBAMLN D. WEINERROBERT WDTOWN NEW TORN OTTICL MICHAEL 6.Wft6T[II A,9"L 9 bTEW111 ]O M Von&RLP PLATA A.HOWARD 611A6N01 NLW YORE N.v.IOOAO JOHN 6. At OICH D C.BLAME PAUL 0.VC6WHOO, in. "VON M.DOUOAM JOHN W.1plimyT_Dµ JR. RICHARD A.NONHM November 14, 1977 WILLIAM P..I.kMH BUTTON R[ANY JOHN P.PRITCHARD Richard s. Baker President Fishers Island Utility Company, rnc. Fishers island New York 06390 Dear Dick: Many thanks for your interesting letter of November 3, Edith and r are interested in acquiring,' and appreciate your giving us the first refusal on, the portion of land adjoining our property. The proposed price is agreeable but we would appreciate your giving us an estimate of the additional costs involved in the nature of survey and subdivision and legal expenses. We have not been to the Island as often as we would have liked and doubt that we will make it again before Spring. r trust you are having a good Fall and all goes well through the Winter. Best regards. Sincerely, 4=r Robert Anthoine Fishers Island Health Project,Inc. Box 344,Fishers Island,NY 06390 Fishers Island Civic Association P.O. Box 464,Fishers Island,NY 06390 June 22, 2001 Carl L. Distefano Assistant Attorney General, Charities Bureau Office of the Attorney General 120 Broadway New York,New York 10271 Re: Complaint of Nina W. Leth, Individually and as Manager of Windham Resources,LLC Dear Mr. Distefano: Island Health Project,Inc. ("IHP") and Fishers Island Civic Association("FICA") (jointly, "respondents")provide this response to the complaint of Nina W. Leth (`complainant"), individually and as manager of Windham Resources,LLC("Windham"). The complaint is dated May 1' 2001, was received on or about May 16, 2001 by IHP and FICA from your office and is attached as Exhibit A. W is a New York Type B charitable not-for-profit corporation that subsidizes the income of a medical doctor on Fishers Island, an area that could not otherwise support a doctor due to its small population and distance from the mainland. FICA is a New York Type A not-for-profit corporation whose object is to promote the civic welfare of Fishers Island. Complainant's family formerly owned a residential property that is now owned by Windham, a family corporation. Its principals are complainant, her mother, Edith Anthoine, and her brothers,Robert Anthoine and Nelson Anthoine. Windham's Fishers Island property adjoins two lots that are separately owned by IHP and FICA.' Complainant has charged IHP and FICA with illegal and ultra vires acts, as well as a fraud on donors in the conduct of IW's recent capital campaign. The campaign was conducted to raise funds to improve the Fishers Island doctor's residence and office, both of which are outdated facilities originally constructed in the 1950's, as well as to establish an operating fund. The community response to 1HP's fundraising campaign was overwhelmingly positive,with donations far exceeding what was sought. As shown below, there is no merit to complainant's charges of wrongdoing. They are motivated solely by the Anthoine family's desire to stop W's proposed improvement of the existing doctor's residence and office on the property adjoining Windham's, for which applications are, or are soon to be, pending before the Town of Southold authorities. Complainant also ostensibly seeks to induce UP to provide different or additional emergency services. The complaint is not only riddled with factual inaccuracies and misrepresentations but lacks any basis in law or equity. Complainant's main assertions are that W's plan is illegal as prohibited by its Certificate of Incorporation and the New York Public Health Law ("PIU); that W's fund-raising brochure made fraudulent representations; and that IHP has launched an impossible project. None of these assertions has merit. The improvement of the outdated Fishers Island doctor's residence and office and creation of an operating fund, in order to better subsidize the increasingly expensive but critically important provision of medical care on Fishers Island, are the very purposes for which IHP was incorporated. UP's statement of purpose was drafted with the assistance and participation of the New York State Department of Health and ' Windham's and respondents' properties are shown in an excerpt from the Winter/Spring 2001 Fishers Island Gazette ("the 2001 F.I. Gazette"), at 3, and a more detailed area map (together, Exhibit B). -2- reviewed by the New York State Attorney' General's office at the time of 1HP's incorporation in 1974 and fully complies with the PBL. As for complainant's baseless charges of fraud,lHP's capital campaign brochure, entitled A Capital Campaign For The Health Of Fishers Island (Exhibit C), which 10 mailed to approximately 1,000 people with Fishers Island ties, describes goals that are fully consistent with W's corporate purposes, powers, current operations and future service plans. The allegation that the brochure contained statements that were later rendered misleading by statements allegedly made at a small meeting held for nearby property owners utterly lacks substance. Not only does complainant mischaracterize the brochure, but the statements alleged to have been made at the meeting either were not made or, if made in sum and substance, were grossly misinterpreted by complainant and were not inconsistent with representations in the brochure. Lastly, there is no sound basis for the complaint's assertion that improvements to the doctor's house and office cannot be achieved under the Southold zoning law. Complainant does not assert that UP has mismanaged funds. Indeed, the complaint observes only that the island community donated more than HP sought. That surplus will assist in meeting lI P's future expenses, as the capital campaign brochure plainly stated regarding funds donated in excess of the stated goal. See Exhibit C at 10. Except for complainant, not one of campaign contributors,virtually all of whom know the amount of money raised, as publicized in the Fishers Island Gazette as well as in a letter to all island post office box-holders, has requested that the funds raised be placed in a trustee's custody or returned or that IHP's renovation plans be amended We hope that the following factual account and response to complainant's allegations assures your office that both IHP and FICA have always acted and will continue to -3- act in the best interest of their donors and members, respectively, and in conformance with applicable legal requirements, and that the complaint has no merit 2 Background Fishers Island's Location and Size. Fishers Island is about seven miles long and less than one mile wide at the widest point and situated about three miles off the Connecticut coast at the nearest point, east of New London and west of Stonington. Part of New York State, the island is a hamlet within the town of Southold in Suffolk County. The island's year-round population stands at about 280 at the present time, and its peak summer season population rises occasionally to about 3,000. In addition, an average of 160 workers travel to the island daily, and accidents involving such workers comprise an important number of visits to the doctor's office. In addition, 19 magnet students from the mainland come to the island every day to benefit from the small class size and good instruction at Fishers Island's public school. Fishers Island is accessible only by boat or aircraft. The island's airport is practical only for small single or two-engine propeller planes, which must be owned or chartered by their occupants, as there is no scheduled air service between the Groton-New London Airport (across Fishers Island Sound from the island and closest to a hospital) and Fishers Island. A fent'ride of 45 minutes or a 25 minute, full-throttle ambulance boat ride separate the island from New London, and there is no regular emergency air ambulance service. Thus, due to its location and available transportation, the island reasonably requires some form of local medical care for its permanent and summer populations, for both routine and emergency complaints. The island's population is too small to support a full time doctor without a subsidy, however. As explained more fully below, after FICA supported a doctor on the island in the post-war period, W was formed in 1974 as an independent entity to raise funds to provide a 2 Respondents have investigated every pertinent fact alleged in the complaint or set forth herein, many of which are substantiated in documentary evidence, to the best of their ability. Respondents invite an inspection of the Fishers Island doctor's house and office as well as W's current site plan,which we submit herewith. -4- subsidy for a local doctor, including the cost of maintaining a residence and office. Any patient needing emergency hospital care or service beyond that of a primary care physician is transported from Fishers Island by ambulance boat to the nearest hospital,Lawrence&Memorial Hospital in New London, Connecticut, which is located about seven miles from Fishers Island. The boat used for that emergency transport,the Sea Stretcher, was specially built and outfitted as an ambulance boat and funded with private contributions to the Fishers Island Fire Department, which operates the boat. The all-volunteer Fishers Island Fire Department includes 14 EMT's, one of whom is also a paramedic. Residents and visitors requiring non-emergency hospitalization and medical services beyond the scope of a primary care physician must take the car ferry or arrange for other transportation to the mainland. FICA's Role in Assisting Fishers Island Residents with Health Care. Before IHP's incorporation, the role of helping Fishers Island residents to obtain health care was played by FICA, which was incorporated in 1947. In addition to serving the general civic needs and acting as a forum and a voice for island residents, FICA enabled island residents, generally employed by small businesses or operating as independent contractors, to purchase Blue Cross- Blue Shield coverage through a group policy. Until 1950, the United States Army had a post on Fishers Island, and the island residents depended upon the services of a military doctor and an Army hospital. The Army abandoned the Fishers Island post in 1950,however. From that time until IHP's formation in 1974,Fishers Island had only intermittent success in attracting a doctor to the island due to the need to subsidize a practice and the inadequate facilities available on the island.' ' The situation that pertained prior to IHP's formation in 1974 was explained in II3P's 1974 application for 501(c)(3) status filed with the Internal Revenue Service, Rider 3 to Form 1023 (Exhibit E). -5- By deed dated January 24, 1955, a land company with long ties to the island, Fishers Island Farms, deeded to FICA approximately .35 acre (12,565 square feet) of land near the center of the island's small village, which was to be used solely for the construction of what still serves as the doctor's house and office. Exhibit D.4 Fishers Island's small central village also includes the island's few modest civic buildings (the Post Office, attached utility and land companies' offices and fire station), seven small stores and 10 to 15 residences. The deed to the property Fishers Island Farms conveyed to FICA stated: The above described premises shall be used for the charitable purpose of the Fishers Island Civic Association, Inc. only and shall not be used for any commercial purposes whatsoever except, however, permission is granted to erect a health clinic, doctor's office or residence on said premises. Based on plans made in 1954, the construction of a modest residence and office was accomplished with labor and material donated by local contractors. FICA thereafter managed and maintained that property through its Medical Committee. In 1957, the Town of Southold enacted a zoning ordinance. in that the construction of the Fishers Island doctor's house and office pre-dated the enactment of the zoning ordinance, and qualified as a pre-existing use, no certificate of occupancy had been issued, nor was one required. To assist in 1HP's contemplated variance application for its planned alterations, INP applied on or about May 9, 2001 for a pre-existing use certificate of occupancy, which .describes .the .facility's use from its inception to the current time as an "existing two story structure containing Doctor's residence, doctor's office and medical clinic." Exhibit F.5 On March 3, 1959, the prior covenant applicable to the doctor's residence and office property was amended to read as follows (amendments underscored)(Exhibit D): 4 The donated lot is shown on the maps in Exhibit B as lot 8. 5 The floor-plan of the current first floor of the doctor's house, office and/or clinic, which contains a waiting area,an office and two examining rooms is shown on page 8 of Exhibit C. -b- The above described premises shall be used for the charitable purpose of the Fishers Island Civic Association, Inc. or Fishers Island Health Fund, -Inc. or the assigns or successor or either of said corporations, and shall not be used for any commercial purposes whatsoever except, however, there may be erected and maintained a health clinic, doctor's office or residence on said premises. Windham's Original Property. On December 31, 1959, the Anthoine family purchased the 1.8 acre property that adjoined FICA's doctor's house and office lot to the northwest. Adjoining the Anthome property on its southwest property line was an undeveloped 75-foot-wide parcel of land along Oriental Avenue, which was then owned by Fishers Island Farms, the predecessor in interest of Fishers Island Utility Company. The 1889 Post Office and Fishers Island Utility building, sited only several feet from the roads adjacent to one comer of the village green, were across Oriental Avenue from that lot. Another road, Athol Crescent, ran along the northwest side of the Anthoine property, on the other side of which was a vacant triangular lot. Three or four years after the Anthoine family purchased their property; a new firehouse was constructed on the triangular lot.6 Crescent Avenue, ran along the east property line of the Anthoine property, and further along that curving road, to the Anthoine property's southeast side, were three small lots, of which the most southerly was the property where the -doctor's house and office had been built four years before the Anthoine family purchased their property. At present, the center lot along Crescent Avenue contains a small residence, and the most northerly lot, a small bam with an art gallery. Apart from the construction of the new firehouse in the early 1960's, the structures surrounding the Anthoine property have remained essentially unchanged. Located somewhat to the southwest of the center of the Anthoine property is their seven-bedroom, white clapboard, porch-surrounded residence. The house is on a hilltop, about 6 The old firehouse was a much smaller structure located somewhat further away from the Anthoine property, across Equestrian Avenue, which runs along the west side of the village green. -7- 20-30-feet above-the surrounding road4evel. Mature trees and shrubs shield the house from view from the nearby roads and lots.' Incorporation of HIP. To better meet the pressing health care needs of island residents, IHP was incorporated in 1974. Paragraph THIRD of IHP's Certificate of Incorporation,Exhibit G, describes its corporate purpose: The purpose for which the Corporation is formed is the promotion of the health of the community as a whole through the development and improvement of medical services for persons residing in the community by attracting medical personnel to move to an island known as Fishers Island, which island is included in the 'Township of Southold, Suffolk County, New York, to practice medicine and to provide services to the community by any means, including but not limited to, the subsidizing of any medical personnel willing to practice in the community. Following the Certificate's paragraph FOURTH which authorizes W to take various actions, including the acquisition of real property, in furtherance of its purpose, paragraph FIFTH states: Nothing herein shall authorize or be construed as authorizing the Corporation to operate a hospital or to provide hospital or health related services as defined in Article 28 of the Public Health Law, or to provide services which the New York State Department of Health determined should only be provided in such hospital or health related facilities, nor shall anything herein contained authorize or be construed as authorizing the corporation to practice medicine as defined in Article 131 of the Education Law of the State of New York. . . . The description of IHP's purpose was approved by the New York State Department of Health, which assisted in drafting it with a full understanding of IHP's goal and activities. Exhibit H. The New York State Attorney General was informed of the Department of Health's approval of IHP's statement of its corporate purpose and enumeration of powers. Exhibit I. IHP was later granted 501(c)(3) status when the Internal Revenue Service recognized that contributions made to subsidize the income of a doctor who would not otherwise See maps included in Exhibit B. be present on Fishers Island, leaving its residents without local primary healthcare, was a proper charitable purpose. Exhibit J. Throughout its existence, UP has raised funds though an annual fund-raising drive and an annual golf tournament. More recently, IHP has also sponsored a weekend trunk sale by vendors who contribute 15 percent of their gross sales to W. In 2000, IIP also created and sold a Fishers Island cookbook IHP's Maintenance of Doctor's House and Office. ERP assumed the function formerly performed by FICA's Medical Committee, the members of which largely comprised HV's first Board of Directors. UP maintained the doctor's residence andoffice, providing for all necessary insurance and upkeep, but the doctor's house and office property remained under FICA's ownerships UP did not provide medical services,however, which were provided by the doctors it subsidized Ownership of Lot and Existing Building, Complainant's charge that FICA illegally conveyed the doctor's office and surrounding lot to 1HP (Complaint at 3, ¶ 7) is untrue. FICA continues to hold title to the property for the benefit of IHP. Although no problem has arisen from the fact of FICA's ownership during the 27 years of IHP's management of the property, respondents' current intention is that FICA will transfer title to the property to IIP, after obtaining any necessary approvals of its directors and members. As explained above, the property was originally donated and has always been used to subsidize the provision of health care on Fishers Island. Considerations of convenience and proper stewardship recommend its transfer to IU, the entity that now supports the health care function and solicits funds for that purpose. As the complaint correctly recognizes (Complaint at 3, 18), under the Not-For-Profit 8 There is no basis for complainant's charge that the public was misled concerning the ownership of the doctor's house and office property. Complaint at 3,17. -9- A Corporation Law, a transfer by FICA and receipt by UP of real property are pernu ted by respondents' respective Certificates of Incorporation.9 1978 Sale of Land to Anthoine Family and HIP. In 1978, Fishers Island Utility Company decided to sell the .64 acre parcel of land located across Oriental Avenue to the northeast of the Fishers Island Post Office, See map in Exhibit B, 2001 F.I. Gazette at 3. That land parcel partially adjoined the Anthoine family property and partially adjoined FICA's doctor's house and office property. The maps included in Exhibit B show the original Anthoine/Windham property as lot "7" (1000-9-2-7 on the Suffolk County Tax Map), the FICA property as lot"8"(1000-9-2-8 on the Suffolk County Tax Map)and the former utility company lot, which had been lot "6," as lots 6.1 and 6.2 (1000-9-2-6.1 and 1000-9-2-6.2 on the Suffolk County Tax Map, respectively). At a price of$2,000 per acre, plus costs, the Anthoine family purchased the .39 acre lot 6.1 adjoining lot 7 for $780.00, plus expenses, and IRP purchased the .25 acre lot 6.2 adjoining lot 8 for $500, plus expenses. A November 14, 1977 letter from Mr. Anthoine to Richard S. Baker, then president of the utility company, asked for an estimate of the survey, subdivision and legal expenses, Exhibit K, apparently contemplating the subdivision of lots 6.1 and 6.2. The property line dividing lots 6.1 and 6.2 was a continuation of the existing line between lots 7 and 8. The deed for the property sold to IHP contained no restrictions. Exhibit L. IHP's Decision to Find a Full-Time Doctor to Reside on Fishers Island. Until the early 1980's, IHP subsidized the income of a doctor resident on the island. Atter Fishers Island lost its last resident physician in the early 1980's, HIP, until 1999, housed and supplemented the incomes of temporary doctors from St Luke's-Roosevelt Hospital in New York City, each of whom spent one or more weeks on the island on a rotating basis. As each doctor 9 As we demonstrate below, W has no intention of using the property acquired for an improper corporate purpose, the operation of a hospital or provision of health related services as defined in Article 28 of the Public Health Law. -10- was a .St. Luke's-Roosevelt employee, that hospital provided their malpractice insurance and other employee benefits, and IHP did not need to carry those considerable expenses. The medical care Fishers Island residents received from the rotating St. Luke's- Roosevelt doctors was generally adequate but not ideal. Transient doctors could not provide important continuity of care through knowledge of a patient. Several of the doctor's specialties, such as dermatology, dentistry or plastic surgery, did not qualify them to provide optimum general practice care, which involves a broad range of medical problems. More critically, in the late 1990's, for reasons beyond W's control, the island experienced several gaps in medical coverage when no doctor was available from St. Luke's-Roosevelt. See Exhibit C at 2-3. Due primarily to those gaps, the 14-member uncompensated 1HP Board of Directors, including both full-time island residents and others who spend substantial time at Fishers Island on weekends or longer summer holidays, recognized the need for a new system for subsidizing health care providers on Fishers Island. For two years, the IHP Board studied and discussed what kind of residential health care provider would best suit the island. The Board considered whether a doctor, physician's assistant or nurse practitioner should be engaged or a relationship similar to the St. Luke's-Roosevelt service might be feasible. Board members consulted with many Island residents,as well as with those to the health care field in New York as well as nearby Connecticut and Rhode Island, including doctors and administrators at New London's Lawrence &Memorial Hospital, about all pertinent issues. Following this period of study and consultation, 1HP decided that having a permanent doctor resident on Fishers Island would best serve the island's need for first-class primary and initial emergency care. IHP therefore engaged Weatherby Health Care, a medical search firm,to recruit such a doctor. The parameters of the care to be provided by the doctor were that primary and emergency care would involve scheduled and unscheduled office visits, including night calls. Emergency care, as before, would include simple or complex wounds, heart attacks, asthma, -11- severe allergic attacks and illness and other such conditions that required immediate attention. Such emergencies might be treated solely at the doctor's office or, as necessary, advisable and appropriate, at Lawrence & Memorial Hospital. When the Fire Department's Sea Stretcher was in use or unable to cross to the mainland due to bad weather, the doctor's office would continue to be the only available place to diagnose, stabilize or treat emergency patients, to the extent possible. Permanent island residents, including an expanding aging population, were particularly concerned about that point. With Weatherby's able assistance, THP had the good fortune to find Dr. John Hand, who, with his wife Mary Anne, moved to Fishers Island in dune 1999. Dr. Hand is a first- rate physician, with several decades of experience in the U.S. Navy and private practice. He is board-certified in internal medicine and a Fellow of the American College of Physicians. He is licensed to practice medicine in New York and Connecticut. After two years of successful practice on the island, Dr. Hand and his wife are well-liked and active participants in the community, and Dr. Hand has already made a tremendous positive difference in the level of medical care available to island residents. From mid-June of 1999 to mid-June of 2000, Dr. Hand had 1,316 patient encounters on Fishers Island, including all types of contacts with persons requiring medical attention, of which 34, involving 35 patients, involved Sea Stretcher runs. From mid June 2000 to May 26, 2001,Dr. Hand had 1,329 patient encounters on Fishers Island, of which 48 (51 patients)involved Sea Stretcher runs. Dr. Hand is an employee of Sound Medical Associates, P.C., a group practice with several locations, which is affiliated with Lawrence& Memorial Hospital.10 IHP contracts with Sound Medical to provide-a physician-and.associated-support.services, such as billing and collection of insurance for Fishers Island patients. At the present time, THP believes that such functions are more efficiently handled by a larger entity than by the Fishers Island doctor 10 Since the mid-1950's, there has been a cooperative and supportive relationship between Fishers Island and Lawrence &Memorial Hospital. -12- individually, given the relatively small size of the Fishers Island practice. During the winter, when the number of office visits at Fishers Island sharply decreases, Dr. Hand's practice income at Fishers Island is supplemented by office hours held several days a week at Sound Medical's Groton, Connecticut office. During-the-two completed-years-oftheir--relationship, W,-in-consultation-wath Sound Medical, has agreed annually with Dr. Hand on the amount of his salary and certain other benefits. IHP then remits to Sound Medical whatever amount is necessary over and above the amounts that Dr. Hand generates in fees for service in order to meet the level of Dr. Hand's contractual agreement with Sound Medical. During each of the first two years of the relationship, that subsidy has totaled approximately $73,000, ie ' IHP has paid Sound Medical that amount to make up the gap between actual net revenues generated by Dr. Hand and the expenses related to his practice. THP's expenses in addition to subsidizing the doctor's income run annually at-approximately&85,000,-whieh includes the maintenance of the doctor's residence and office and the salary of one employee, who serves W's organizational needs as well as performs record-keeping and bill-related tasks for the doctor's office. Thus, the total subsidy required Mer annum from IU during the first two years of Dr. Hand's residence on Fishers Island has totaled about $158,000. Even with moderate rates of inflation, such required subsidy will increase materially over the next few years. We note that, apart from complainant's erroneous assertion that W's entire operation has been illegal from the start, complainant challenges no particular aspect of W's relationship with Dr. Hand or operating procedures. Nor does complainant attack the adequacy of Dr. Hand's provision of medical services, either to complainant or others. IHP's Fundraisin¢ Campaign. Soon after Dr. Hand's arrival, UP recognized that the 1950's house and office used by Dr. Hand and his family required substantial upgrading. Such improvements were necessary not only to retain Dr. Hand but also to attract successors. -13- The primary defects that required attention were the proximity of the residential area of the structure to the attached office area, with little or no soundproofing, and the seriously substandard condition of the residence and office. For many years, these facilities had been occupied by transient doctors and their families and had not received material repairs, maintenance or upgrading. Not only is the doctor's office inadequate as judged by present day medical standards, it does not meet or exceed the Americans with Disabilities Act guidelines, and it would be difficult to make the existing structure conform to that law's provisions. See Exhibit C at 4, 5. In addition, as noted above, the already substantial annual subsidy required to support a physician on the island was expected to increase, and a contingency reserve also was believed to be advisable. THP, therefore, decided to conduct a capital campaign to meet its needs for funds to better subsidize the provision of medical care on Fishers Island. The funds would be used to construct a new doctor's office, often colloquially called a `clinic" by Fishers Islanders, as reflected in the terminology of the fundraising brochure. The funds raised were also to be used to renovate the doctor's house and create an operating fund to provide ongoing revenues to -supplement the doctor's income and provide for future needs." The proposed alteration of the doctor's house and office or clinic was intended to produce a better-designed structure than the present building, with much needed repairs to the interior of the house and enhanced landscaping. The exterior would be similar in style and scale to the other mostly shingled or clapboard structures in the mixed residential and business area of the island's central village area. See excerpt from the Fall 2000 Fishers Island Gazette("2000 F.I. Gazette")at 6-7(Exhibit N). 11-The donation/pledge form for the capital campaign, enclosed with the brochure, also referred to the proposed new doctor's office as a`clinic." Exhibit M -14- As UP's fundraising brochure explained, while Dr. Hand "brought to Fishers Island just what [it]needed,"the island had"not yet reciprocated with all the support that a good physician and his successors will need." Exhibit C at 3. The brochure also warned that the island's "ability to attract and retain first rate physicians like Jack Hand will depend upon providing competitive facilities,pay, and benefits." Id. W.'s-brochure summarized the purpose of the campaign as follows(Exhibit C at 4): To solve these problems, the Island Health Project is conducting this Capital Campaign for $1.5 million. Put plainly, we want to assure that Dr. and Mrs. Hand will wish to remain here, that we can attract his successors, and that first class primary .and emergency medical care will be here when we need it. The alternative is a return to the prior system of episodic care with gaps in coverage, sometimes inappropriate doctors, less convenience and higher risk. We need your help to keep what we now have. The following sections of this brochure describe specifically what we need to realize our objective for continuing better quality health and life on Fishers Island. Neither this paragraph and nor the brochure in general represented that W would "provide" health care. The brochure referred only to subsidizing such care in order to attract providers,precisely the function permitted under IBP's certificate of incorporation. While W's initial goal was to raise $1.5 million, the community's enthusiasm for the proposed alteration of W's facility and creation of an operating fund was such that donations to the capital campaign reached $2.3 million, with 374 donors from both year-round and summer resident populations contributing. IHP believes that such level of contribution reflects (1) support for W's prior decision to find a doctor who would be resident on Fishers Island year-round; (2) support for THP's plan to modernize and improve the doctor's residence and office and create an operating find in order to continue to make a high level of medical care available on the island; and -15- (3) confidence in the leadership and integrity of up,s Board of Directors, which for 27 years had faithfully served the Fishers Island community without remuneration. The funds IHP raised are invested in money market instruments and U.S. Treasury notes, managed by an investment committee of W and held at Merrill Lynch's New London, Connecticut office. Neither the IHP directors nor Dr. Hand and his family nor IIIP's one employee are affiliated with Merrill Lynch. The complaint's allegation that W's fundraising brochure represented that the doctor's office or clinic would provide "emergent `trauma and cardiac care"'(Complaint at 1,¶ 3), appears to be based upon the brochure's sketch of the new doctor's office showing a room denominated "Trauma & Cardiac Care" (Exhibit C at 5). The only brochure text that discusses that room's use described it as a "Trauma Room equipped for life-threatening emergencies that also can be used at other times for non-emergency care" (Exhibit C at 6). The word "cardiac" does not appear in the brochure other than in the sketch. Examples the brochure gives of new equipment to be purchased, however, included a "new electrocardiograph machine for diagnosing heart disorders" and a "new defibrillator to help treat heart attacks" (Exhibit C at 7). The electrocardiograph machine would replace an existing,older machine, and the defibrillator would supplement the existing defibrillators on the Fire Department's ground and sea-borne ambulances. The brochure mentions the provision of general "emergency" care throughout, for example, discussion of the goal of assuring that "first class primary and emergency medical care will be here when we need it" (Exhibit C at 4). A licensed physician is authorized to provide emergency medical care, the term the brochure uses most frequently. Such primary care is fully consistent with the limitations provided in lHP's Certificate of Incorporation, which, as stated above, was approved by the State's Department of Health and provided to the New York State Attorney General in 1974. -I& The dune 24, 2000 Meetine Held for Neiehbors Adioinine the Doctor's House and Office. A meeting was held on June 24, 2000 to explain IHP's plans to owners of property near the doctor's residence and office. One of THP's Co-Chairs, Suzanne Parsons; another IHP Board member, Sandy Righter, Dr. Hand; and a local architectural designer assisting IHP with the alteration plans, Allie Raridon, attended the meeting, which was held at the Fishers Island library near the village center and the doctor's house and office property. IHP invited all nearby property owners to the meeting, sending 14 invitations in all relating to 13 properties (two were sent to the Anthoine family). Representatives of only two properties attended: Mrs. Edith Anthoine, complainant's mother, and complainant, for Windham, and Ms. Elizabeth Savage, whose property is across Fone Road from the Post Office and diagonally opposite lot 6,2. At the meeting, THP showed the neighboring owners TUP's initial plans for the proposed new doctor's house and office. The invitation, list of invitees and agenda for the meeting is attached as Exhibit O. No THP representative made minutes of this informational meeting. According to the recollections of Dr. Hand, Co-Chau Parsons, Ms. Righter, Ms. Savage and Ms. Raridon, the discussion touched only briefly on the type of care to be provided at the improved doctor's office. It was understood that the care offered would be essentially the same as what had been provided by the island doctor for decades, with the major change being that it would be provided in an up-to-date and newly equipped facility. One meeting attendant recalled that complainant, and perhaps also her mother, expressed the view that the "Trauma& Cardiac. Room" illustrated in IHP's brochure, one of two examining rooms, was unnecessary. One or both members of the Anthoine family also expressed the view that, in a medical emergency on the island, immediate helicopter evacuation of any patient ought to be made to Backus Hospital in Norwich, Connecticut.12 12 The Anthoines did not suggest how such emergency helicopter transportation, well beyond the financial capacity of the Fishers Island Fire Department and/or THP, even with the results of the recent Capital Campaign, might be funded. Nor did they address its feasibility in the -17- After the brief initial discussion of medical care, the discussion turned to 1HP1s byrilding plans. The UP Board members and Ms. Raridon then addressed complainant's, her mother's and Ms. Savage's concerns about the size and design of the planned new doctor's office or clinic. Complainant and Mrs. Anthoine particularly questioned the need for the then-planned second story to be added to that structure,to contain an apartment for visiting doctors, who fill in when Dr. Hand is absent on vacation or attending Continuing Medical Education courses. Ms. Savage was concerned about the size of the planned parking area. Some discussion was also directed to exterior lighting and landscaping. The statements at the June 24, 2004 meeting that the complaint attributes to Dr. Hand and Co-Chair Parsons concerning medical care are inaccurate or misinterpreted. Dr. Hand categorically denies that he described W's fundraising brochure as a "fluff piece," or any similar term, as the complaint states (at 2, 14). While Dr. Hand or an iHP Board member may have stated that the presence of a nurse to staff the "nurse's station" shown on the plans displayed at the meeting was not anticipated in the immediate future, as the complaint alleges, the potential future need for a nurse was evident. Further, the area in question was designed for medical and administrative record keeping and other tasks associated with patient visits, which functions are normally performed in what are commonly termed"nurse's stations" Contrary to the impression given in the complaint, at 2, 14, W's fundraising brochure neither asserted nor implied that the new doctor's office or clinic would provide a full emergency room, which could only be done in a hospital, or offer full emergency or other cardiac care. Indeed, the brochure made specific reference to the emergency room at Lawrence frequent fogs and other adverse weather conditions encountered on Fishers Island. They also did not consider the additional time required to gather a crew, pre-flight and fly a helicopter to Fishers Island as well as back to Norwich,which is several miles to the north afthe New Landon hospital used for decades by Fishers Islanders for emergency and other purposes, as against the short preparation and 25-minutetransport time from Fishers Island directly to New London on the existing ambulance boat. In addition, as noted in the brochure and herein, the Fishers Island doctor's role is not only to respond to emergencies but also to deal with the substantially greater number of visits from patients presenting with other health problems. -18- & Memorial Hospital. Statements at the June 24, 2000 meeting.about the transfer of patients with severe cardiac difficulties to that hospital, if made,would have been consistent with existing practice, which is to diagnose and stabilize patients until they can be transported to and treated at a fully-equipped hospital. Among those interviewed for the preparation of this response, including all participants except complainant and Mrs. Anthoine, none recalls any participant making a statement about"thrombolytics," a type of drug, as the complaint appears to allege was made (at 2, 14). Complainant, who is not a medical doctor, does not specify what drug or drugs she means by the term. Thrombolytic agents constitute a group of drugs, � streptokinase and tissue plasminogen activator (tPA)among others,that thin blood and can help to dissolve blood clots in blood vessels during or after a heart attack or stroke. The availability of thrombolytic drugs is not a criterion, or guideline, for initial emergency care for heart attacks and strokes. indeed, contraindications against the use of such drugs include several pre-existing illnesses, injuries or medical conditions, age and other factors. Careful evaluation of the patient must be undertaken before administering such drugs. They may be administered up to several hours following such event {although earlier administration is advised), and the American Heart Association recommends that they be administered no more than three hours after diagnosis of a heart attack. In addition, recent research has indicated that angioplasty, which is not performed even in hospital emergency rooms, but in other special purpose hospital areas (termed cardiac catheterization laboratories or "cath labs," with stand-by cardiac and thoracic surgeons); can be more effective than thrombolytic drugs in improving heart attack patients' survival rate. Aspirin, which poses low risks, is often given initially to heart attack patients in lieu of thrombolytic drugs. in any event, if anything may have been said about thrombolytics at the June 24, 2000 meeting, Dr. Hand, as have his predecessors, if presented with a heart attack, could and would -19- administer_appropriate medicines.and other care,contrary to complainant's allegation that it was stated that no such action would be taken for a cardiac emergency patient. IHP's Response to Ouestions Raised in the Fishers Island Gazette. In a lengthy article published in the 2000 F.I. Gazette 10 responded to questions posed by Elizabeth Savage; none of which concerned or related to the-claims made in the complaint.13 Exhibit N. Implementation of IHP's Proposal. To implement its planned improvements to the doctor's residence and office,W prepared applications for subdivision of its lot 6.2 from Windham's lot 6.1 and for a variance to construct the proposed doctor's office on lot 6.2. When the Anthoine family indicated that it would strenuously oppose those applications, IRP's attorney advised that the grant of its applications was doubtful in the face of such opposition. HIP then withdrew its original proposal and had a new site plan drawn up by a licensed civil engineer.14 In a memorandum dated March 13, 2001, Co-Chair Parsons informed the THP Board of complainant's opposition to a subdivision of the property; the Anthoine family's retention of a lawyer to oppose W on this point; and complainant's view that IHP's project was "too ambitious." Exhibit P. Co-Chair Parsons also reported that complainant questioned why IHP did not simply make "an addition to the existing building." Id. IHP and FICA agreed to join in the effort to improve the existing doctor's house and office, now to be incorporated in one building. Given the Anthoine family's firm opposition to the concept of a separate doctor's office or clinic, HV made a new plan for improving the doctor's office and residence, outlined in Exhibit P, which involves the construction of an office connected to the existing structure by a 13 Addressing another matter that relates to Ms. Savage, she has authorized IHP to state that there is no truth to the complaint's statements about her or her family's being"ostracized" or"hazed" at a local club or local functions due to her questions about UP's plans. Complaint at 2, 15. Moreover, Ms. Savage does not know the source of this statement in the complaint, if there is one. t4 A copy of the new site plan is furnished herewith. -20- • w . f covered ambulance drop. The old portion of the structure will be renovated and converted to entirely residential use. The new portion, like the originally designed separate office, will be handicapped-accessible and adequate to serve the present and future needs of the island, with three examining rooms, but no overnight or bedroom facilities. In that the office will be more separate from the residence than at present, and the residence will be improved, the original fundamental goals of W's fundraising campaign will be served. No second story is now planned for the office structure. To implement this plan, THP is seeking a lot-line change, which will merge FICA's lot 8 and IHP's lot 6.2. In April 2001, FICA consented to that merger, which perhaps gave complainant the erroneous impression that FICA had conveyed Lot 8 to 1HP, as the complaint erroneously alleges has already occurred (at 3, ¶¶ 7-8).15 See above at 9. Upon such transfer, the lots would automatically merge. Although the current plan is for FICA to transfer Lot 8 to IIS,an alternative would be for respondents to jointly own the combined lot. Due to the size of the combined lot, IHP needs to obtain a variance with respect to the applicable set back requirements; IIID would also have required such a variance for its original plan. IHP's present plans also require other variances relating to limitations on home office square footage and the relationship of the office and residential floor space. While Windham currently opposes IHP's lot-line change request, UP is pursuing all necessary steps for the realization of its plan. IHP's attorney, Patricia C. Moore, Esq., of Southold, has informed UP that its contemplated applications are reasonable and meet the standards for approval. Should they be rejected, W will pursue another solution to its needs for an improved doctor's house and office. We observe that it is difficult to identify a good-faith basis for the Anthoines' land-use objection to the siting of the proposed addition to the existing doctor's residence and 15 There has been no "hurried attempt"by FICA to transfer ownership of lot 8 to 1HP, despite the complaint's representation to that effect without evidentiary support(at 3,17). -21- office building. The property on which that building has adjoined the Anthoine property and residence since prior to the time the Anthoines acquired it, and they have never complained about noise or other inconvenience related to the doctor's office. The planned improvements will not add traffic or noise. As also noted above,the Anthoine house has for years been located across from the Fire Department building and thus routinely subject to sirens and other sounds associated with fire and ambulance calls. On May 21, 2001, the Anthoine family distributed a letter to the Fishers Island community, addressed to all island post office boxholders. Exhibit Q. The letter announced the filing of the complaint with the Attorney General and accused IHP of fraudulent representations, illegality, lack of business judgment, irresponsibility and unaccountability. It also promoted the concept of having a core of paramedics on the island because, as the letter casually remarked, "We already have primary care" Exhibit Q at 3. To correct the misstatements in the Anthoine letter and assure Fishers Island residents of EHP's intentions to continue with its planned improvement of the doctor's residence and office or clinic, H-IP responded with a letter dated May 25, 2001. Exhibit R. At a FICA meeting held on Saturday, May 26, 2001, representatives of both IHP and the Anthoine family spoke. Significant support was expressed for W and Dr. Hand personally and none for the Anthoine family. Response to the Alleeations of the Complaint The complaint alleges without foundation that IU's past actions, fundraising brochure and capital campaign and contemplated future actions violate its corporate charter, and that its fundraising and future plans are tainted by fraudulent representations and present a project that is impossible to achieve under the zoning laws. An examination of each such allegation shows that it is entirely without substance. _22_ (1) IHP Is Not Prohibited By Its Certificate of Incorporation or State Law From Continuing to Perform the Role It Has Played In the Past or From Improving the Fishers Island Doctor's House and Office As Generally Described in Its Capital Campaign Brochure, There is no merit to complainant's allegation that IHP's past and proposed continued operation of a`clinic"or"doctor's office"violates its Certificate of Incorporation and lacks proper authorization from the New York State Department of Health. Complaint at 214. iHP's Certificate of Incorporation states that iHP's purpose is to further "the development and improvement of medical services for persons residing in the community by attracting medical personnel to move to an island known as Fishers Island,"who would"practice medicine." The Certificate also states that IHP's purpose is "to provide services to the community by any means, including but not limited to, the subsidizing of any medical personnel willing to practice in the community." Plainly, subsidizing the doctor's income and covering the costs of running a small clinic or doctor's office, including the provision of an assistant and purchase of supplies, as well as the maintenance of a doctor's residence, are fully within lHP's corporate purpose and powers. These are the actions that 1HP has performed in the past and plans to continue. Prior to IHP's incorporation, the New York State Department of Health("DOH") reviewed IHP's proposed corporate purpose, with a full understanding of what UP intended to do, based on the prior actions of FICA relating to the doctor's residence and office, and found that no Certificate of Need was required. Exhibit H. The Attorney General's office subsequently reviewed IHP's statement of corporate purpose with knowledge that it had previously been reviewed and approved without DOH's finding a need for further action. Exhibit I. The complaint repeatedly emphasizes IHP's use of the word `clinic" in its capital campaign brochure as if the use of such term exposed a past and contemplated future illegal -23- operation. The use of that word, however, does not connote illegality either in 1HP's past or present subsidized operation or plans for the future. The term "clinic," by itself, is not defined under Article 28 of the Public Health Law, nor is it defined in the regulations of DOH under Subchapter C. State Hospital Code, which defines "medical facilities." 10 NYCRR § 700.2(a).16 Complainant cites no statutory or regulatory section that defines the term`clinic." When the DOH regulations define the term "treatment center," conceptually the closest defined regulatory term we have found to the general, colloquial term `clinic," the definition specifically excepts "the individual or group practice of medicine." 10 NYCRR § 700.2(a)(9). The definition "individual practice of medicine" plainly applies to the operation subsidized by IBP.17 All that is available at the facility that IHP has subsidized in the past and plans to continue subsidizing is the professional services of one doctor, currently assisted by one part-time administrative assistant with the future possibility of a nurse.18 16 Section 7002(a)(22) defines "part-time clinic site" as an "ambulatory care program site operated less than 60 hours per month . . . by a general hospital or a diagnostic or treatment center . . .." That definition plainly is not relevant here. 17 See also 10 NYCRR § 751.1. Article 6 of the regulations of the Department of Health pertains to Treatment Center and Diagnostic Center Operation. Part 751 of that Article deals with the Organization and Administration of such facilities. 10 NYCRR § 751.1, entitled "Definition," states(emphasis added, italics in original): The terms diagnostic center and treatment center, also referred to in this Article as a center, shall mean a medical facility with one or more organized health services not part of an inpatient hospital facility or vocational rehabilitation center primarily --- — engaged in providing services and facilities to out-of-hospital or ambulatory patients by or under the supervision of a physician or, in the case of a dental service or dispensary, of a dentist, for the prevention, diagnosis and, in the case of a treatment center, treatment of human disease, pain, injury, deformity or physical condition, not including the individual or group practice of medicine. 18 When complainant contributed to the capital campaign, although she stated that she had not seen the brochure, she would have seen the word "clinic" in the pledge/contribution form that she returned with her donation. Exhibit M. -24- Moreover, as complainant should know from her many years on the island, many Fishers Islanders have long referred colloquially to the doctor's office as the"clinic." Readers of the brochure, all familiar with the island, would thus have read the word "clinic" with the existing facility in mind. UP's use of the word "clinic" in its fundraising brochure would plainly have been understood to be the practical equivalent of"doctor's office." Contrary to the complaint's allegations, W has not been operating in the past, is not operating at present, and does not plan to operate in the future either a"hospital"or a facility that provides "health related services," as statutorily defined in PHL § 2801 (1). The DOH regulations define a hospital as "an institution with beds for one or more inpatients . . . which is primarily engaged in providing services and facilities to inpatients by or under the supervision of a physician," and which meets additional criteria, none of which is applicable to the Fishers Tsland doctor's office. 10 NYCRR § 700.2(a)(5)(i) through (viii). Further, the New York Court of Appeals held in 1973 that the broad definition of"hospital" in PHL § 2801 did not cover a "clinic" or "doctor's office." People v. Dobbs Ferry Medical Pavilion Inc., 40 A.D.2d 423 (2d Dept.), affirmed 33 N.Y.2d 584 (1973). The current DOH regulations eliminate any doubt on that score. Likewise, the Fishers Island doctor's office has not provided and does not plan to provide "health-related service," as that term is statutorily defined. PHL § 2801(4)(b) defines that term as "service in a facility or facilities which provide or offer lodging, board and physical care including but not limited to, the recording of health information, dietary supervision and supervised hygienic services incident to such service." The plain intent of the definition of "health-related service" is to cover a facility where patients reside. See PBL § 2801(3) ("`Residential health care facility' means a nursing home or a facility providing health-related service.") See also 10 NYCRR § 700.2(a)(4). There is no indication from the plain language of the definition that it was intended to cover a doctor's office or clinic, including a home office -25- like that at issue here. Moreover, there has never been a suggestion that the Fishers Island doctor's office develop residential care facilities for patients.19 Therefore, IHP's description of the Fishers Island doctor's office as a "clinic" in its fundraising brochure does not provide a basis for the complaint's claims that 1HP is acting or has acted in violation of its Certificate of Incorporation by sponsoring a "hospital" or a facility providing statutorily defined "health-related service." It follows that there is no substance to the claim that a certificate of need and the approval of the New York State Department of Health are or were ever required for the existing or proposed altered doctor's office. (2) HI P's Capital Campaign Brochure Did Not Represent That Services Will Be Provided at the Proposed New Doctor's Office That Are Not Actually to Be Offered There. The complaint also alleges that UP's fund-raising brochure and campaign were false and deceptive because the new Fishers Island doctor's office allegedly will not provide services that the fundraising brochure represented would be provided there. That claim is utterly without foundation. First, complainant has told Co-Chair Parsons that she donated to the W capital campaign without having seen the fundraising brochure. The pledge/donation form that 1HP received from complainant confines that it had been xeroxed from the original form sent to potential donors, which was probably forwarded to her without the entire brochure. The body of the text of the pledge/contribution form that complainant received (Exhibit M) stated: I am/We are pleased to contribute to A Capital Campaign For the Health of Fishers Island to construct a new clinic, renovate the doctor's house and to create an operating fund and enclose a gift in the amount of$ Complainant later told Co-Chair Parsons, in essence, that she did not know to what she and her husband contributed when they sent $100 in response to UP's fundraising t9 Similarly, the Fishers Island doctor's office has not provided and does not plan to provide "hospital service,"defined in PHI, § 2801(4)(a),to which the complaint briefly alludes(at 3 8). -26- drive for the capital campaign. Complainant's mother also contributed $100 to 1"'s capital campaign. Complainant thus has no basis for claiming that the brochure deceived her, and, were this a legal action for damages, complainant would lack standing to assert it. Even granting that such technical requirement does not apply, considering the Charities Bureau's mission to protect contributors, if the only contributor who has complained about fraud has no personal basis for her claim, and no others have asserted that W deceived them,the complaint's lack of merit is evident. After complainant saw the brochure, moreover, she did not request that her contribution be retumed.20 She merely complained, in essence,that more health-care service was going to be provided than she thought was necessary. (a) 1HP's Campaign Brochure Made No Misrepresentations. The ostensible basis for complainant's charge of fraud is her allegation that statements were made in II3E's fundraising brochure from which W's representatives, including Dr. Hand, allegedly retreated in statements made at the June 24, 2000 meeting. In fact, no misleading statements were made in the fundraising brochure. Notably, the complaint fails to identify even one allegedly misleading statement. To support her claim of fraud, complainant relies solely on the sketched plan for the doctor's office showing a "Trauma & Cardiac Room." Exhibit C at 5. As set forth above, however, the brochure did not describe what specific types of "trauma" or level of cardiac distress would be treated at the clinic or doctor's office. There was no need for such description because Fishers Island residents and regular visitors, including contributors to the fundraising campaign, would already have been well aware of what types of service were offered at the 20 Complainant is also guilty of laches, having waited until the spring of 2001 to claim she was defrauded in the fall of 1999, after hearing statements made in the spring of 2000. There is also an aspect of mootness to complainant's assertions because, as of the date of the complaint, she had not reviewed IHP's current plan, despite an invitation to do so. On June 13, 2001, however, at complainant's request, THP sent her a copy of its current site plan. Having previously questioned why W did not simply add to the existing structure, claimant might well not object to W's present proposal to do just that. -27- clinic or doctor's office. The brochure made no statements representing that the new doctor's office or clinic would provide additional care beyond what had previously been provided by the island doctor, which, as demonstrated below, has included trauma and cardiac care. Nor were statements made at the June 24, 2000 meeting that either were inconsistent with statements in the brochure or indicated an intended departure from the prior practice of the doctor's office. The complaint itself baldly misrepresents what was stated at the June 24, 2000 meeting in alleging that it was "admitted" that the new office "would not actually provide emergent trauma care (other than `a few stitches') or any `cardiac care' whatsoever as had been advertised in the fundraising brochure issued nine months before" (italics in original). Complaint at 2,14. W is not certain what complainant means by the term "emergerrt trauma care," but states here unequivocally that the doctor's office will continue to provide care in response to all types of medical emergencies that a general practice doctor would normally handle. Ameliorative or stabilizing action will be taken as appropriate in the doctor's office where possible and,where hospitalization is required,the patient will be transported to the hospital. The complaint's allegation that it was stated at the June 24, 2000 meeting that "no" cardiac care would be provided is not only totally untrue but not reflective either of past or current practice at the doctor's office. To date, Dr. Hand has been called upon to provide services in one case of cardiac arrest. Dr. Hand and five EMT's attended within five minutes the arrest of an elderly lady with known heart disease, whose initial presentation in her home on the ambulance's portable EKG showed no cardiac activity. Full resuscitative procedures were unsuccessful. Two strokes have been diagnosed and referred to Lawrence & Memorial Hospital via Sea Stretcher with Dr. Hand in attendance en route. Dr. Hand has also responded to numerous other types of emergency situations. As noted above, in the two year period since Dr. Hand has served on the island, he has encountered 86 cases that involved Sea Stretcher transport to Lawrence & Memorial Hospital, which comprise the vast majority of emergency cases on the -28- island. Under prior island doctors, as well, patients were on occasion given cardiac emergency care at the doctor's office or clinic to help diagnose and on occasion stabilize them prior to thew transport to the mainland for further treatment. In other words, island doctors have provided limited or stabilizing cardiac emergency care in the past and will continue to do so, in accordance with what a licensed doctor is authorized to do. UP's brochure made no claim that the "trauma & cardiac room" was the equivalent of a hospital emergency room. It was described as a room "equipped for life- threatening emergencies that also can be used at other times for non-emergency care" (Exhibit C at 6). Indeed, the brochure referred to the use of the Lawrence & Memorial emergency room. Exhibit C at 3. Finally, it is difficult to believe that complainant thinks that any resident of Fishers Island, the group that received the W brochure, or any other person could reasonably have thought that it characterized the Fishers island doctor's office or clinic — with its medical staff of one doctor, described in the brochure as an internist, not a specialist in emergency medicine -- as equivalent to a hospital emergency room. See 10 NYCRR § 700.2(a)(2) ("Emergency room or department shall mean a designated area of a hospital that includes one or more reception and treatment rooms appropriately staffed and equipped to provide prompt and efficient care of emergency patients in accordance with the provisions of subchapter C of[the State Hospital Code]" [emphasis added]). The brochure further portrayed the island doctor as spending two days per week on the mainland during the winter season. The described facility would lack diagnostic imaging and other equipment now central to the functioning of a hospital emergency room or even a so-called"urgent care center." The sketched "trauma & cardiac room" was intended solely to handle emergencies that could properly be diagnosed, stabilized or treated on the island. It was not identified as a "Level 1, H or Ili Trauma Center," or as an "emergency room," which are the normal usages for hospitals or other facilities offering comprehensive emergency medical services. It is a fact, nevertheless, that emergencies, including traumas, have been and will -29- continue to be evaluated and treated at the island doctor's office. The new doctor's office will contain equipment for providing oxygen (as does the current office), a new defibrillator, a new electrocardiograph machine and emergency suction equipment (Exhibit C at 7), as well as other equipment for evaluating, stabilizing and/or treating medical emergency conditions. The narrow view complainant espouses of the emergency care that was allegedly represented to be available at the doctor's office at the June 24, 2000 meeting, allegedly in contrast to what was stated in the fundraising brochure, is inconsistent with the broad range of emergency care actually provided at that site, further indicating the lack of substance to complainant's charge of fraud. The doctor currently provides three important emergency services: a) The doctor diagnoses apparent emergencies and decides whether transport to the mainland is advisable. The doctor's ability to make initial evaluations of patients presenting emergency complaints is of critical importance to the all- volunteer ambulance boat.crew. The volunteers must take one to two hours off from their work or other activities for a round trip and clean-up, wash- down and set-up of the Sea Stretcher for other calls. In addition, patients have in the past taken themselves to the doctor's office in the midst of heart attacks or other ailments that were treated there before the ambulance could arrive. b) The doctor treats emergencies not requiring transport and treats and/or stabilizes patients waiting for transport. c) In the event that the island's ambulance boat is already on a run to the mainland or unable to depart due to bad weather, a circumstance that has occurred in the past, a patient could remain in the doctor's office, receiving oxygen and other aids until transport was possible. Dr. Hand also would be able to be in telephone contact with specialists on the mainland,who would be able to suggest actions to keep a patient as stable as possible. Finally, island -30- EMT's and paramedics could also use the doctor's office when the Sea Stretcher was unable to travel to the mainland. The many important emergency services that the Fishers Island doctor, like any licensed primary care physician in New York State, can provide, include without limitation the following examples, some of which are trauma or cardiac cases: He or she can employ oxygen and defibrillation as well as some medicines for cardiac patients. He or she can provide life- saving medicine for anaphylaxis from bee stings or food allergies,from which a patient could die without treatment before reaching the mainland. The doctor can treat animal bites and open wounds not requiring an emergency specialist or surgeon's care, with simple suturing, anti- tetanus injections, antibiotics, and other medicines. He or she can evaluate and provide initial treatment for life-threatening diabetic problems. He or she can provide initial treatment for asthma attacks. He or she can provide initial evaluation and stabilization of musculo-skeletal injuries before transport to mainland specialists. He or she can assist in imminent childbirth. To recapitulate, no representation was made in MP's fundraising brochure that the doctor's office would provide full emergency room level trauma or complete cardiac care simply because a legend was presented on a sketch stating "Trauma & Cardiac Room." Similarly, complainant's allegation that IHP stated at the June 24, 2000 meeting that the doctor's office would not provide "any `cardiac care' whatsoever"is a fabrication, not unlike others in the complaint, which does not accord with the Fishers Island doctor's office's or clinic's past or current practice, well known throughout the small community, as described above. (b) Complainant's Shifting Positions on ]lip's Proposal and Her Own Views, As Well As the Contributions of the Brochure's Drafters to the Campaign Negate a Basis for a Claim of Fraud. Considering complainant's constantly shifting and contradictory positions on what medical services W ought to subsidize, it is difficult to understand how complainant can claim that lHP defrauded complainant or any other recipient of the brochure or donor. -31- Complainant was quoted in the 2001 F.I. Gazette as stating that the separate structure then planned was "ambitious . . . for such a small site" Exhibit B at 3. Complainant further stated that she believed that "[c]linic space is not an emergency room," observing that "life-threatening cases are immediately whisked to the Sea Stretcher." Id. These statements can only be taken to mean that complainant thought there was no need for IHP to support the doctor's provision of emergency care at the level she thought the brochure's sketch suggested.21 Such statements are consistent with complainant's reported observation at the June 24, 2000 meeting that no emergency care should be offered at the doctor's office and every "emergency" case on the island should be flown to Norwich, Connecticut. Complainant then asserted in the complaint that UP committed fraud because it allegedly does not plan to provide emergency services that the fundraising brochure allegedly represented would be available. Yet the complaint itself also claims that Fishers Island needs more ambulance garage space and a cadre of paramedics rather than the basic improvements that W planned for the doctor's residence and office. See Exhibit A at 4. Complainant's family's more recent May 21, 2001 letter then took a new tack and advocated that W hire and house a cadre of professional paramedics, in addition to subsidizing primary and first-line emergency care. See Exhibit Q at 2. These equivocal and changing positions, in addition to the other fundamental flaws in complainant's charges, seriously undermine her assertion that W misled donors. Indeed, it is complainant that seeks to mislead the Attorney General's office with fabricated and jury-rigged fraud claims. Further illustrative of the absence of fraud is the significant participation of major contributors to the campaign in the drafting of the campaign brochure. The principal authors of 21 The complaint attaches this F.I. Gazette article as its exhibit 5, and takes no issue with its reporting of complainant's statements about W's original plan. -32- the brochure were a professor and head of the division of general and trauma surgery of a leading medical school and a member of the 1HP Board. The latter is a former chairman of the board of a medical products company that produces, among other things, cardiac care, emergency room and surgical products. Each of them has spent more than 30 years at Fishers Island and contributed very substantially to the capital campaign. They and the several other persons affiliated with 1HP who reviewed and edited the brochure, and also contributed to the campaign, would gain no personal benefit from the planned improvements that differs in any respect from the benefits accruing to all other residents of Fishers Island. The absurdity of the fraud claim is thus starkly apparent. Surely the authors and editors of the fundraising brochure who themselves contributed substantial sums to the campaign neither intended to defraud, nor had the effect of defrauding, themselves or others in violation of Executive Law§ 172-d Moreover, complainant has not actually shown how IHP allegedly engaged in any violation of Executive Law § 172-d. Subsection 2 of that statute prohibits "any fraudulent or illegal act, device, scheme, artifice to defraud or for obtaining money or property by means of a false pretense, representation or promise, transaction or enterprise in connection with any solicitation for charitable purposes," including such acts that may not be intentional or cause actual injury. Subsection 3 prohibits the use of"false or materially misleading advertising or promotional material in connection with a solicitation for charitable purposes." Subsection 4 requires that contributions be applied "in a manner substantially consistent with the solicitation for charitable purposes." Complainant has not specified how 1HP supposedly committed those proscribed acts.22 Indeed, UP committed none of them. (c)No Other Donor Has Claimed that 1HP Committed Fraud. At an open meeting of FICA held on Saturday, May 26, 2001, strong support was expressed for W's efforts and for zz The complaint does not specifically identify which subsections of Executive Law § 172-d 1HP allegedly violated. -33- Dr. Hand, personally, and none for complainant's charges against W and alternate recommendations for emergency medical care on Fishers Island. The Anthoine family's island- wide letter, which was delivered several days before the meeting, stated that complainant had charged EHP with fraud. Presumably others could have joined in condemning IHP's actions if they felt that they had been defrauded as donors. Yet UP has received no indication that any donor other than complainant believes that he or she was defrauded or misled in any manner. At this writing, not one recipient of the Anthoine letter has requested that any funds from the W's capital campaign be put into trusteeship or returned or that iHP's plans be changed. (d) The Complaint's Other Claims About the Doctor's Office Also Have No Merit. Complainant claims that the showing of a "nurse's station" on the plans displayed at the June 24,2000 meeting was somehow fraudulent because there was then no nurse in the doctor's office and no immediate plans to have one (Complaint at 2,14), This assertion fails to consider that there was a nurse in the past and a nurse may again assist the Fishers Island doctor, and it is only prudent while undertaking alterations to provide for probable future needs. Such administrative space is necessary, whether or not manned by registered or licensed practical nurses, for matters other than medical care attendant to patient visits. While the plans that showed a "nurse's station" were not used in the brochure to raise funds, and those particular plans have since been superseded, the current plans also include a station for one or two assistants to the doctor, who may in future be nurses, as well as space for record maintenance.23 The complaint's suggestion that a "children's waiting room" is unnecessary(at 1, 13), not an allegation of fraud, misconstrues what is proposed As was plainly depicted in the architect's plan, only a children's waiting area in the larger waiting room, with child-friendly graphics and some toys, not a separate room, is contemplated. This area is to be provided in 23 As previously explained, due to complainant's family's objections to IHP's original plan, IHP has already decided to make an addition to the existing structure rather than construct a separate building, and is no longer planning to add a second story to the new doctor's office. UP has thus already made significant concessions in response to complainant's concerns about the size of the structure. -34- response to complaints from parents about the small size and unwelcoming nature of the present waiting space. A cheerful waiting area for children certainly can be offered on Fishers Island given that many medical services are sought for children there. Siblings often accompany sick children to the office and must wait for the conclusion of the necessary treatment. Many parents and grandparents who contributed to the capital campaign suggested an improved waiting area. For all of these reasons, the complaint fails to present even a superficially credible case for a conclusion that W's fundraising brochure was in any way misleading or fraudulent in describing the services or other amenities to be provided in the improved doctor's office or clinic. (3) The Need to Secure Positive Zoning Actions to Realize M's Objective of Improving the Doctor's Office At the Presently Intended Location Does Not Render 1FfP's Fund-Raising Brochure Fraudulent. As broadly and generously construed,the complaint asserts that W's fundraising campaign and brochure were fraudulent in failing to discuss the need to obtain necessary governmental approvals relating to zoning issues in order to complete the proposed improvement of the doctor's residence and office at the currently proposed location. Complaint at 3,17. This claim also lacks merit. The donors to 1HP's fundraising campaign, all of whom are Fishers Island residents, whether year-round or seasonal, would assume that IHP's Board would not construct premises that were not fully permitted from every necessary perspective. The current site and floor plans show the care that has been taken with every aspect of the project. Given the central village location of the proposed site for the new doctor's office, across from the Post Office, anyone on Fishers Island would recognize that a variance would be necessary for construction on that .25 acre site, which is located on a corner. All Fishers Islanders would also be familiar with the mixed residential/business character of the area and the appropriateness of the sketch of the doctor's office as shown in the fundraising brochure. -35- Exhibit C, cover. The fact that such sketch was and the presently planned addition will be designed in a style similar to the area's existing structures renders positive zoning action more likely.24 The fact that the Anthome family, adjoining owners to the FICA/II-IP properties, opposed and caused the withdrawal of IHP's initial proposal to build a separate doctor's office or clinic does not render THP's proposal a fraud in violation of Executive Law § 172-d. Subsection 4 of the statute provides that contributions must be used "in a manner substantially consistent with," not in a manner precisely identical in every non-material detail with the purpose for which they were solicited.25 The current proposal to build an attached doctor's office, which, with the residence,constitutes a"home office," is fully legal under the applicable Southold zoning law for use in the area at issue. Southold Zoning Code § 100-13 at 10024-25, 10047-50 (Exhibit S). Moreover, donors to ERP have been kept fully informed of the status of IHP's project, as a result of public FICA meetings, reports in the F.I. Gazette and II3P's recent island-wide communication (Exhibit R), that THP will accomplish its stated goals in whatever manner possible. The lawyer presenting IHP's land-use-related applications in Southold has every 24 The vast majority of Fishers Island residents pick up their mail from the post office in that there is no door-to-door delivery on the island. Addressing paragraph 6 of the complaint,there is no factual basis for complainant's assertion that the facility that 1HP plans cannot be built on IU's .25 acre site. 1HP is at a-loss-to understand what portions of the two F.I. Gazette articles complainant attaches as exhibits 4 and 5 to the complaint support that assertion, although the complaint cites these articles in support of that unfounded claim. 25 11-M continued to receive funds from donors even after it knew that the original separate building that THP illustrated on the cover and described in the fundraising brochure could not be realized, as the complaint alleges (Complaint at 2, 15), because the separateness of the office building was not the essence of the plan. The new plan, in which the doctor's office will be connected by an ambulance drop to the doctor's house rather than sited as a free-standing building, will provide a greatly improved doctor's residence and office, which improvements were the essence of the planned construction, as the fundraising brochure made clear. -36- expectation, and we firmly believe that such expectation is reasonable,that the necessary actions of the relevant Southold authorities can and will likely be obtained for the present proposal. The complaint's allegation that the Southold Building Department had "twice rejected" IHP's proposed plans as of June 24, 2000 (Complaint at 2, ¶ 5) is inaccurate. Complainant apparently refers to W's withdrawal of its original subdivision and variance applications pertaining to its original proposal after learning of the Anthoine family's objections. That withdrawal, however, had not even occurred at the time of the June 24, 2000 meeting (it occurred in late 2000), and could thus hardly have been communicated to the attendants at a meeting several months earlier. No "rejection" of any kind has yet occurred. In order to submit an application to the Southold Zoning Board of Appeals, a "notice of disapproval" from the Southold Building Department is required This is a jurisdictional prerequisite to an application for a variance from the Zoning Board of Appeals. Contrary to the complaint's insinuations, at 2, ¶ 5, IHP's response to Ms. Savage's questions, some of which touched on land use issues, fully addressed all matters raised, as a perusal of the 2000 F.I. Gazette article shows. Exhibit N. Ms. Savage's questions focused on the depth of W's consideration of its proposal, for example, what attention had been devoted to finding potential alternate sites for the doctor's house and office. Complainant apparently considers that IHP "continued its deceptive and materially false representations in regard to [its] illegal (and legally impossible) project" (Complaint at 2, ¶ 5) by its responses in the 2000 F.I. Gazette merely because IHP was proceeding with its plan. We humbly suggest that the Attorney General's office would probably consider it a far greater problem if IIT did not proceed with its plan. That IHP does not share complainant's views about the need for, efficacy of and ultimate probable accomplishment of its proposal certainly does not render IHP "deceptive." -37- (4) The Complaint's Request for Relief Reveals the Lack of Merit to Complainant's Substantive Alleeations. The complaint's conclusion with summary charges of impropriety(at 3,¶9) and a threat to complain to numerous administrative agencies in addition to the Attorney General (at 4, penultimate paragraph)can only be viewed as evidence of complainant's bad faith. The complaint's sweeping request for relief also betrays complainant's true motive, which is to stop the construction of the proposed project on land abutting hers, not to serve the laudable public purpose of exposing fraud by a charitable organization. The complaint's "request for relief' makes it clear that complainant has no actual basis for her assertions that 1HP acted improperly in raising funds for an enhanced full-time doctor's residence and office or that FICA improperly abetted that effork Complainant merely objects to certain features of IHP's planned enhancement.26 Complainant thus suggests that, instead of W's plan, it would be more "consistent with the charitable purpose for which [the funds] were solicited" by W to provide "funding for additional ambulance garage space" (Complaint, at 4, 13). This is an unworkable suggestion considering that no such project nor any project remotely similar in substance was mentioned in W's fundraising brochure. W's goal is to carry out the identified goals its brochure described, not to launch an entirely different project.27 Complainant also indicates in her request for relief that, as also expressed in the Anthoine family's May 21, 2001 letter, she would prefer to see "the development and deployment on a year-round basis of properly licensed and equipped paramedics or physician's assistants," who could provide emergency and cardiac care. Complaint at 4, 13. See also Anthoine Family May 21, 2001 letter (Exhibit S). Again, 26 None of the nine agencies to which complainant has threatened to complain shares the particular concerns of the Charities Bureau. Nor has complainant identified a basis for proper complaint to any of those different entities. Complainant's threat merely highlights the scorched-earth and substantively baseless nature of her complaint. 27 Nor is such suggested "improvement" necessary, as adequate space exists in or at the current firehouse both for the main ambulance and its back-up. -38- that solution to Fishers Island's health care needs is not the one IHP adopted, after full study of the matter. And UP raised funds to support and maintain that specific adopted solution to the island's health care needs. It truly would be a fraud on the donors if IHP were suddenly to change course and adopt complainant's novel suggestions, which would constitute a dramatic as well as entirely impractical departure from past, accepted and successful practice on Fishers Island. Complainant's suggestions show that,at best,she disagrees with IHP's considered judgment that locating and contracting with a full-time, year-round doctor, and improving MP's physical plant in order to retain the doctor's services and attract successors, best serves Fishers Island's present and foreseeable medical needs. Wlrile complainant is entitled to her opinion,her disagreement with UP's decision does not make it ultra vires, nor does her opposition to W's proposed construction render THP's continued implementation of that plan a fraud on the donors. Conclusion The complaint should not only be promptly rejected but soundly condemned as an irresponsible and self-serving attack upon a project manifestly in the public interest by two non- profit organizations acting in complete good4aith in carrying out their charitable and civic purposes entirely within their corporate powers. FICA has made no unauthorized transfer of property as alleged. W is performing the challenging task of assuring the availability of appropriate health care in a remote and sparsely populated area consistent with its enabling powers from the New York State DOH as further reviewed by the Attorney General's office. Further, the health care system at Fishers Island is measurably better today than it was five years ago because of the hard work the W Board has put in since then in crafting W's new relationship with a year-round doctor. Since 1999, in contrast to the previous situation, the island has had a doctor with an appropriate background for the type of complaints that typically present on the island; the doctor is present on the island year-round (except for routine absences when an alternate doctor is available); and the doctor and his wife have made -39- strong, positive additions to the year-round island community. The plans HIP launched in the capital campaign are designed to cement that relationship,by providing an appropriate residence and workspace and proper compensation for the doctor, and make it possible to fill his shoes in the future by offering a desirable and competitive living and working environment to his successors. We close with an observation that the derailment or delay of IHP's improvement of the doctor's house and office through the filing of this, or some other, complaint that similarly lacks a good faith basis may have grave consequences. While legal remedies are available for baseless charges, if Fishers Island were to lose its present, or be unable to attract a future, doctor, the health and lives of the residents of Fishers Island would be put in jeopardy, for which no remedy could ever be sufficient. Lives could be lost due to the absence of prompt competent medical treatment, for example, in a case of a life-threatening food allergy attack, as just one exemplary instance. Whenever more routine needs for medical care arise, absent a local physician, valuable extra time would necessarily have to be spent by workers and residents seeking mainland rather than island medical care, which loss of time would have serious economic consequences. Fishers Island is already struggling to prevent further erosion of its year-round community, most importantly, its economic viability. It is that community that provides the essential services, such as fire-fighting, utility maintenance, governance and teaching, upon which all residents critically depend, and which constitute the life-blood of the island community. See Growth Plan, Exhibit T at 14. A loss of local medical care, for whatever reason, would be devastating to the island's year-round-resident core. Complainant is fully entitled to take all proper measures to protect her property's value. Needlessly jeopardizing Fishers Island's fragile medical system, and thereby the health of the entire island community,through the filing of a baseless complaint with the Attorney General against 1HP and FICA, however, is not an acceptable means for achieving her legitimate goals. -40- IHP, moreover,has no intention of building a structure or altering the subject site in any manner that would be inconsistent with the existing character of the Fishers Island village. Further,the planned addition would not increase the existing noise or parking in the vicinity of complainant's house which, as noted, is across the street from the fire house on one side and has always adjoined the existing doctor's office on the other. For all of these reasons, we respectfully ask that the Charities Bureau decline to further pursue this matter. Neither IRP nor FICA has fraudulently induced any person to contribute funds to the capital campaign. THP has been forthcoming with all Fishers Island residents throughout the course of the planning and implementation of the proposal to improve the doctor's residence and office and create an operating fund This fact is proved by the attached F.I. Gazette articles, as well as the minutes of the FICA meeting that are attached as Exhibit 6 to the complaint. THP is responsibly managing the donated funds until such time as they can be used to pay for the proposed construction, and no charge of mismanagement of those funds has been or could properly be made. UP and FICA have in no manner violated their Certificates of Incorporation or the law and are not likely to do so given their lengthy service to the Fishers Island community without compensation or regard for self-interest. Thank you for your consideration of this response. Sincerely, Suzanne W. Parsons, Co-Chair Island Health Project,Inc. John S.W. Spofford, Co-President Fishers Island Civic Association,Inc. cc. Ms. Nina W. Leth -41- t • • n List of Exhibits A. Complaint B. Winter/Spring 2001 Fishers Island Gazette and Map C. A Capital Campaign for the Health of Fishers Island D. 1955 Deed to FICA Property E. Rider 3 to IHP's 501(cX3)Application F. IHP's May 6,2001 Application for Pre-Existing Use Certificate of Occupancy G. IRP's Certificate of Incorporation H. New York State Department of Health Approval of I"'s Purpose 1. IHP's 1974 Correspondence with New York State Attorney General J. Internal Revenue Service's Grant of 501(c)(3) Status to IIIP K Letter from Robert Anthoine to Richard S. Baker, dated November 14, 1977 L. Deed for lot 6.2 sold to IHP in 1978 M. Donation/Pledge Form N. Excerpt from Fall 2000 Fishers Island Gazette O. Agenda for June 24, 2000 Meeting P. Memorandum from Co-Chair Suzanne Parsons to II-IP Board,dated March 13, 2001 Q. Letter from the Anthoine Family to all Fishers Island residents, dated May 21,2001 R. Letter from UP to all Fishers Island residents, dated May 25, 2001 S. Excerpts from Southold Zoning Code T. Fishers Island Growth Plan, October 1994 -42- NINA W. LETH ,. Windham Resources, LLC 35 Woods Grove Road Box 242,Athol-Crescent Street Westport, Connecticut 06880 Fishers Island, New York 06390 Phone(203)227-2854 Fax 227-2894 Phone(631)788-7558 Please respond to [x] Connecticut [ ] New York May 1, 2001 Via Facsimile and Express Mail William Josephson, Esquire Chief, Charities Bureau New York State Office of the Attorney General 120 Broadway, 3'Floor New York, New York 10271 Re: Complaint For Investigation. Prosecution and Equitable and Legal Relief Against ISLAND HEALTH PROJECT. INC. and FISHERS ISLAND CIVIC ASSOCIATION Dear Mr. Josephson: I regret to have to file this Complaint against the above named charitable corporations, but I am compelled to do so due to the magnitude of the ultra vires misconduct and Executive Law 172-d violations, as briefly outlined below and in the attached exhibits. COMPLAINT 1. The Island Health Project, Inc. (hereinafter"IHP"), having its address at Fishers Island, New York (a Hamlet of the Town of Southold, Suffolk County), is a Type B non-profit which filed its Certificate of Incorporation on July 21, 1974, and which certificate and DOH endorsement annexed thereto specifically prohibits it from engaging in the operation of a hospital or the provision of health related services as defined in Article 28 of the Public Health Law. See, Exhibit 1. 2. The Fishers Island Civic Association (hereinafter"FICA"), also having its address at Fishers Island, New York, is a Type A membership non-profit which filed its first Certificate of Incorporation on March 4, 1947, with a Certificate of Report of Existence under the Membership Corporations Law filed thereafter on April 12, 1952, and a Certificate of Amendment of Certificate of Incorporation filed thereafter on February 9, 1988. See Exhibit 2. 3. Beginning at least in November 1999, the Island Health Project, Inc., through its co- Chairmen and Board of Directors, began a fundraising drive advertising and soliciting for its proposed construction, operation and ownership of a"medical clinic" which it claimed, inter alfa, would provide emergent "trauma and cardiac care," and a"children's waiting area" & etc. to the public on Fishers Islagd. This brochure also indicated that the I" intended and believed they were in fact presently owning, managing and operating a"medical clinic." See. Exhibit 3. 4. 'Complainant asserts that not only is the fundraising brochure of November 1999 and the entire proposed"medical clinic" project materially deceptive, misleading and ultra vires of the IHP's charter(as well as impossible on its face in terms of satisfying the Certificate of Need process and obtaining DOH approvals for the facility as described, as well as physically impossible when the site is only 0.25 acres in size), but outright fraudulent as well. The IHP (Suzanne Parsons, co-Chairman) and its current physician admitted on June 24, 2000, at a meeting with adjacent property owners(who questioned the veracity and efficacy of the proposed"clinic" and questioned the zoning and permitting issues surrounding the proposed project), that their"medical clinic"would not actually provide emergent trauma care (other than"a few stitches") or any "cardiac care" whatsoever as had been advertised in the fundraising brochure issued nine months before. The RIP's physician admitted that he did not now, and would not in the future, possess or be able to administer any thrombolytics or similar medications for the treatment of heart attacks or strokes, and that all such patients would in truth be taken directly to the closest hospital by the Fire Department's ambulance squad. He further admitted there would be no nurse to staff the "nurse's station" presented in W's latest architectural plans(with second floor living quarters added to the plan), and that the brochure issued in November 1999 was largely a fluff piece to enhance the feel-good nature of this proposed project within this affluent resort community. 5. Complainant asserts that shortly after the June 24, 2000 meeting with the adjacent property owners, at which the IHP representatives not only disregarded the landowner's concerns but also declined to reveal, even when specifically questioned, that the Southold Building Department had already twice rejected their proposed"medical clinic" building plans, one of the landowners wrote the local quarterly"community magazine" (Fishers Island Gazette)to present her questions and concerns about the project to the community at large. In its published response, the MP, through its co-Chairman Suzanne Parsons, continued its deceptive and materially false representations in regards to this illegal(and legally impossible) project, and of course never acknowledged those facts that had already been admitted to the adjacent landowners at the June 24, 2000 meeting. See, Exhibit 4. During this entire time period, the W continued to solicit and receive funds based upon the November 1999 brochure and their continuing"promise" to provide"quality health care" on Fishers Island, and the woman who had dared to publicly question the project suddenly found herself and her children ostracized and hazed at her country club and at local functions. Please note in Exhibit 4 that the Fishers Island Gazette's Editor introduces and identifies the landowner's letter as the person "who lives across the street from the future clinic, "as if the entire matter has already been ordained a"done deal" within this small community. This Complainant respectfully asserts that the Complainant herself has been addressed by IHP co-Chairman Suzanne Parsons with the same verbiage. 6. The Complainant respectfully asserts that the Annual Reports and Executive Law Article 7-A filings on file (or to be filed)by lI-IP at the Attorney General's Office will show that this materially false, fraudulent and ultra vires fundraising brochure was so successful in its deceptive effects that 1HP has to date received over$2,300,000 for their proposed"medical clinic" project, which"medical clinic" was originally budgeted in their brochure at$1,500,000, and which "medical clinic" is legally impossible to construct at UP's 0.25-acre site. See, Exhibits 4 and 5. 2 7. The Complainant respectfully asserts that on or about April 1, 2001, FICA, the actual owner of the"Doctor's House and Office" (Lot#8 described in Exhibit 5), conveyed this real property asset to W in a hurried attempt to give IHP common ownership of adjoining parcels of land (Lots 8 and 6.2 in Exhibit 5)to bolster 1HP's attempt to"fast-track" lot line modifications from the Southold Town Planning Board, and thereafter obtain special permits from the Southold Town Zoning Board of Appeals to then construct this new"medical clinic" as"an addition" to the existing structure of the"Doctor's House and Office." See, Exhibit 5. Complainant asserts that the"Doctor's House and Office" (Lot#8) conveyed by FICA has a fair market value of at least $750,000 and constitutes substantially all of the assets of FICA, and that this conveyance by FICA to IHP was effected by the directors and officers of FICA with neither a meeting nor approval by a majority vote of the dues-paying members of FICA under N-PCL Section 510, nor via a petition filed in the local Supreme Court in Riverhead, New York granting it authority to dispose of all or substantially all of the assets of the corporation under N-PCL Section 511. Accordingly, Complainant asserts that the recent conveyance of Lot#8 is a nullity and void as a matter of law. Furthermore, at the last quarterly meeting of FICA held January 20, 2001, Kenneth Edwards, a member of the Southld Town Planning Board, claimed that he, with the assistance of the Southold Town Attorney and their private attorney, would prevail for IIP and obtain any land use approvals required for their project. Also, for the first time, FICA and IHP acknowledged at the January 20, 2001 FICA meeting that FICA was in fact the owner of Lot#8, whereas the UP fundraising brochure of November 1999 clearly refers to Lot#8 as"our Clinic" and the public has for years been led to believe that IHP was the owner of the property. No quorum, or vote, or scheduled announcement or notice on the issue of FICA's conveyancing substantially all of its assets ever occurred at this January 20, 2001 meeting, and the next quarterly meeting is not scheduled until Saturday, May 26, 2001. See, Exhibits 6 and 3. 8. Complainant respectfully asserts that even if FICA's directors and officers are found to have taken permissible action in making this conveyance during April 2001, or if they were to now take appropriate or acceptable corrective action to conform their actions to the requirements of the N-PCL and their Certificate of Incorporation, the IHP still cannot receive this particular property in accordance with the terms of Article Third and Article Fifth of its own Certificate of Incorporation. 1HP simply does not have the requisite approvals and consents from the Department of Health, nor can it meet the requirements of the Public Health Council and the Certificate of Need process for its operation of such a facility, and IHP is already specifically prohibited from operating a hospital or providing hospital services or health related services as defined in Article 28 of the Public Health Law in DOH's endorsement annexed to its Certificate of Incorporation. See, Exhibit 1. 9. Complainant respectfully asserts that the ultra vires misconduct and Executive Law 172-d violations outlined above and in the Exhibits are manifest, absolute and conclusive as a matter of law as regards the conduct complained of against both the Island Health Project, Inc. and the Fishers Island Civic Association. 3 WHEREFORE, for all the foregoing reasons, Complainant requests that the Office of the Attorney General take the following enforcement actions forthwith, and all other action it may find just and proper under Executive Law 175 in the instant case: 1. Investigate, issue subpoenas, compel testimony and production of evidence in regard to the matters complained of herein; 2. Issue immediate Cease and Desist Orders against both Island Health Project, Inc. and the Fishers Island Civic Association prohibiting fiuther violations of their Certificates of Incorporation, the Executive Law and the N-P Corporation Law as complained of herein; in the alternative, or for continuing violations, Complainant requests the revocation of the Certificate of Incorporation of the offending organization forthwith; 3. Disgorgement of the monies illegally raised by Island Health Project, Inc. from its Operating Fund, with the appointment of a receiver or special trustee to hold these funds to ensure that these contributions are applied in a manner substantially consistent with the charitable purposes for which they were solicited, such as funding for additional ambulance garage space and the development and deployment on a year-round basis of properly licensed and equipped paramedics or physician's assistants capable of delivering true emergency trauma and cardiac care on Fishers Island contemporaneous to Fire Department transports of patients to the hospital, and/or similar activities and purposes which properly comport with Article Third of IHP's Certificate of Organization; and 4. Bring an action in the Supreme Court for injunctive relief, if required, and for damages to any parties, restitution to adjacent landowners for costs and legal fees incurred by the illegal conduct complained of, and removal of any director or other person responsible for these violations. Complainant anticipates forwarding a copy of this Complaint to the following agencies or authorities: New York State Department of Health, New York State Department of Taxation and Finance, Internal Revenue Service, Suffolk County Department of Health, Town of Southold Planning Board, Town of Southold Zoning Board of Appeals, Town of Southold Town Attorney, Town of Southold Town Supervisor, and Fishers Island Fire Department. Complainant states there is no court action filed at the present time, but expects to file an Article 78 proceeding in the immediate future, if required. 4 Complainant has no objection to the contents of this Complaint being forwarded or discussed with the organization or person who is the subject of this Complaint. Complainant recognizes that the Attorney General is not Complainant's private attorney but represents the public in enforcing laws designed to protect the public from misleading or unlawful practices. Complainant requests a prompt acknowledgment of the receipt of this Complaint and immediate action from the Office of the Attorney General in regard to the ultra vires misconduct and Executive Law 172-d violations outlined and evidenced herein. Date: Respectfully submitted, Nina W. Leth, individually and as Manager, Windham Resources, LLC 5 CERTIFICATE OF INCORPORATION 2LL- I Sim, D HEALTH PROJECT INC. } — (Under Section 402 o; the Not*For-Profit Corporation Law) �. The undersigned, desiring to forma not-for- -- p fi-£'•carporati-on--pu"uant ko-1he...Not--For-Profit COSPO- ration Law of the State of New York, hereby certi2a9 follows: FIRST: The name of the Corporation is Island � A Health Project, Inc. (hereinafter sometimes referred to F t as the "Corporation") . 2 t ! SECOND: The Corporation is a corporation as de- ti ` u fined.in subparagraph (a) (5) of Section-102 (Definitions) " of the Not-For-Profit Corporation Law and is a type "H" ' corporation as defined in Section 201(b) (Purposes) of ) N such Law.. w THIRD: The purpose for which the Corporation in fiformed is the promotion of the health-of the community as a whole through the 7avelopment 'and' improvement of medical asrvicee for persona residing. in. the community by attracting medical personnel to move to an island knownas Fisher . - Island, which island is included in the Township of South hold, Suffolk County, New York, to practice medicine and + to provide services to the community by any means, includ- ing but not limited to, the subsidizing of any medical per- sonnel willing to practice '- •ti-__ amm=ity. 7 . FOURTH: In furtherance of the above-mentioned pur- pose, the Corporation, in addition to the powers,granted r' , under the laws of the State of New York, shall have the fol- " flowing powers: 1 Ys4: . . _ 1� •' I to solicit money, donations of mr or property ;of any sort,for financial assistance; y1 (11) to accept, obtain, take title to or hold 1 Oft. deed, leoaev be uset, dSvise, purchase, j =--- &- - lease, government grant or ofherwjsV,-¢riy'prop=- — erty wherever situated, real, personal or mixed, i - - includingrights or services of any stature with- out ith out limitation a■ to amtlunt or value excap 6uch ' ' "' a limitation, if pny, as may now or hereafter be imposed by laws " (iii) to administer, use, sell, convey or other- �� wisedispose of or to authorize others to administer, I; use, sell, convey or otherwise dispose of any such .property and to invest and reinvest the principal � thereof and to deal with and distribute such .; property and the income therefrom for any of the ! above-mentioned purposes without--limitation, ex- cept.such limitations, if any, as may- be imposed 4 by the terms of the transfer o£ such property to 1.the corporation or otherwise agreed to in connection -- with the receipt thereof; (iv) to receive, take title to, hold and use the proceeds and income-'to aEbiCk3; btsnd's! 'obli= .' ' gations or other securities of any kind, domestic "- -• or foreign, for the above purposes; (v) to make, co-sign, guarantee or arrange , for such loans or advances of money or other prop- . erty both secured and unsecured on such terms as - p the Hoard of Director^ {—�!ts judgment deems ad- visable for the above-mentioned purposes; -Z- it • 9 4 • �P�yJ J (vi) _, appoint an individual or cerporat trustee or individual corporate trustees of any or all of its properties, to appoint a successor true- property and to confer on any such trustees or successor trustees.such of the powers, duties or — —otrltgatione-of--the diractors.-of_the:Caiporation i in relation 'to the care, custody or management of l `such property, including disbursements of funds, as , may be deemed advisable; (vii) to decline to accept any gift, government - _grant, deed, legacy, bequest or devise, or any offer of a loan; (viii) to do any and all things (including but not limited to the borrowing of money andsecuring *' of the same, the making of conveyances, assignments and contracts and the incurring of obligations) necessary or convenient in connection with the r:t, accomplishment of the purposes-of_the�or�o tiOn -. _.. ... .. _. - v r to the same extent and as fully as any natural gg person could or might do and as are not for- bidden by law or by the Certificate of Incorpora- '. tion or by the By-Laws of the Corporation; (ix) to exercise any and all powers in '. carrying out the Corporation's purposes that might r be conferred upon corporations formed pursuant to i the Not-For-Profit Corporation Law of the State - --- of New York. FIFTH: Nothing herein contained shall authorize .) I -3- i' p or be cb 'rued as autnoL�..___ a hospital 'or to provide hospital or health relatea as defined in Article 28 of the Public Health Law, or. to t h the 'lew York State Department of Health determined 'should only be prov e n 1 or health related .facilities, nor 'shall anything herein con- _.._.�,._.:.,.....__.taed suthorize,_or be construed as authorising the Corpora- m 131 -6f 'the tion to practice medicine as defined in Article' ' -- Y .. Education Law of-the State of New York. Nothing herein con- I tained shall authorize this Corporation, directly or indirect { ly, to engage in or include among its purposes any of the II activities mentioned in the Not-For-Profit Corporation Law, . !Section 404(b) - (p) or Executive Law 757. SIXTH: The Corporation is not to be organized L . 'for the 'pecuniary profit of its directors, officers, of i !members, nor may it issue st.ocRTor-d"laae dividends: _. !All income and earnings of the Corporation shall be.used exclusively for corporate purposes. , No part of the net 1inc9me or earnings of the Corporation shall inure to the !benefit or profit of any private individual, firm or 9 �corporttion. ` SEVENTH: In the event of a liquidation, die- 1 solution, or winding-up-vf-the Corporation, whether 1 .l�volnntary or involuntary or whether by operation of law, !!none of the property of the Corporation, nor any pro- _ Ijoeeds thereof, nor any othei assets of the Corporation shall be •distributed or be divided among any of the mem- bers of the Corporation, but shall be transferred or 14istributed to anothei organization, organized and 1 . F s • u -4- x , ' ay 7 Rim- ifi•�3 a^r5� d.♦✓j, '� f awy S' v t ,f h""Vs h: j ,perated for the same or similar exempt purpuaa.., ny•fund, foundation, or corporationorganised and operated exclusively for bharitable purposes within ---- ue Code band such transfer or distribution shall be - ade pursuant to an order of. a Justice of the Supreme 6urtol_'fKa8ta-te b1'NtlN"'7Fork. ...., . . ;..: -. ._ _ . .._. .. '. EIGHTHt No part of the activities of the _ — or#oration shall include carrying on propaganda or therwise attempting to influence legislation, or par- ticipating in, or intervening in (including the pub- M` 3eation-..or-distribution of._statements) , any political 4 ioampaign on behalf of any candidate for public office. 1NINTH: The Corporation shall distribute its i ncome for each taxable year at such time and in such Oariner as not to subjiaz4,it to tax under section n 4942 bf the Internal Revenue Code of, 1954, as amended, and I' ,p ;she Corporation shall not: � :h (a) 9ngage in any act of self-dealing as 7 defined in, Section 4941(b) of the Codes L - (b) Retain any excess business holdings I as defined in Section 4943 (c) of the Code..,_ . (c) Make any investment in such manner • a as to subject the Corporation to such tax 7 under Section 4944 of the Codec or J (d) Make any taxable expenditures as defined in Sectlon.4945(d)_ of the Code TENTH: The principal office of the Corpora- tion shall be* located "in the Township of Southhold, ! I t .111 WAR i w -g- ti r o , tom' County of Sfiffolk, in the State of New York. _ ELEVEMTH: The activities of the-Corporation are principally to be conducted on Fishers Island, New York; u a aei. , I, territory. T TWELFTH: The names and addresses of the (' - - .. .. initial directors of the Corporfi£i"ofi-, -all of-"'whofm-are ; citizens of the United States, are as follows: - NAME ADDRESS Patricia M. Raker' Fishers Island, New York 06390 Do en, Jr. Fishers 'Ialand, New York 06390 g` Arthur Walsh Fishers Island,. New York 06390 f; William R. Wood, Jr., Esq. 266 Pearl' Street Hartford, Connecticut .- - . .._ eabEo w--- - THIRTEENTH:�e poet o��ce ad8rhich the Secretary of State shall mail a copy of any notice required by law is c/o Mrs. Pat Baker•, ,Fishers island, v 6 New-York 06390.. _ y ,P FOURTEENTH: Prior to the delivery of this �. Certificate of Incorporation to the Department of State - -'- -"for filing, all approval-s-or consents--required by the Mot-For-Profit Corporation Law or by any other statute '• of the State of New York will be endorsed upon or an _ nexed hereto. IN WITNESS WHEREOF, the undersigned incorporator, leastbeing at nitfef•een years of Age+—af Firma fhat.._the.. .._, ....,. ... .-�{ statements made herein ,are true under the penalties of f imriury. - - . Dated: (—Ij0A/ / y, /5 75/ IncorploratQr F Henry L. King Fishers Island, New York 06390 A 4 ST ATS OP NSW YORK 1 Ay, y: NTY OF N89/ YORK ) r � y On this /$ day of , 1974, before 1personally egme Henry MT, MO..,"to me o m a 3me to be the person described -in and aho 'exequted the egoinq.'Hertificate of incorporation and.he thereupon ackpowledged to me that he execdted the same. otary uric j } DEWRAN F. MATERS �T NOUry,iuoAc,Sido of New York No.2+4877160 �' DwMME M k Counb 0 0mr fzglbnFWE+tlpMH NoMwxYtla3k 0,1971 i i o .y .,p Yd A }2 mI '� , e fi.2 ,• ,; Y. . '.'ur4 hh`-Sla.�. .!; 1 r" '. .'. �_ 3 ��.< APk�J:': .. t A!M.'w' r STATE OFNEW YORk u u u - �`j �&TMENT OF NEA4TIl— PURIGALA ' TH COiF'IICIL „ p May 13, 1974 I A _. . _. -.:Aehorah���RB.kare ... ._. .. Davie, Polk and Wardwell -_-- Attorneys at Law J l-Chase Manhattan Plaza _ J New York, New York 10005 i Deer Ms. Masters: 1 Re: Fishers Island Nedical Centel Inc.* The proposed Certificate of Incorporation of Fishers Island Medical Center, Inc!does not require the approval of the Public Health Council, 4ace the purposes set forth in the C said Certificate do not authorize the no pore +on n—ap orate a f hospital as defined in Article 28 of the Public Health Law. `i Paragraph 5 of said Certificate contains a provision that the corporation is not authorized to operate a hospital or to pgovide hospital service or health related service as defined in Article 28 of the Public Health Lw. Sincerely, 1i ANDREW KRIEGER Secretary * The name was changed to Island Health Project, Inc. •. .•1 N.W"Mr.R.L. YOPTON P,NVY.N F fN{ALf.1.L.Nt<{N. MOF{qU.,gUSR,N.G, 4C*.LV B.MANLEY,m.r. + J4NN M.WLL9N !l:'•d.. P,.fil[ Of0*fiC P.Mtt^,.lC a. Lr,-r. A4n1•�,nL, F. W..efMNl + Pq dNP.C.Ji. Mi LLtS h..p{NIM.M.C. + u.•?ON 1,M�PP. JONH P.P6.:N,u.6. _ � i i • '.1 I e� a 1 N•y L . . r.-. A1864Z�u _ /� i • � s ca irImz or ImcOSP6=101; ISLAND'maTR Pltoism. mm- IIeder Section 002 of the mot-for-Profit corporation Lew OF JUL-991974 re Davis PC* L Nasilvell. 7fNi � X.Chase M*nhattan Plaza m now Yosk,ff moa 3rdtk 10905 4 i Certificate of Incorporation ' L/ for FISHERSISLANDOVIC ASSOCIATION, INC., !, Pursuant to the, Membership Corporations Law - —« We, the undersigned, a committee of the"Fishers Island Civic - - :I Association, an uninoprporateC association not organl_sed for pa- 1 cuniary profit, haling been duly authorised to incorporate the -- il said association, and all being of full ago, and all being citir.ene 'lof the United States, and °all being residents -of the State of'Itew -, ,York, desiring to form a corporation pursuant to. Section 10 of the Ilusiabership Corporations Law of the State of 2.1e•.v ionk,do hereby ,,make, subscribe and acknowledge this certificate as follower I' FIRSTS The name of the proposed corporation lei op i WE 3ISHERS ISLAND CIVIC AS$OUTATION, INV., SECOVDs The purposes for w hieh the said corporation Is to be formed are as follows: it To promote the econemlo, olvic, and social welfare of ithe people of Fishers island, provided such purposes eha,Ll not in- I ,lclude and shall not be construed to include any of the purposes specified in subdivisions 1 and 2 of Section 11 of the idemberahip Corporations Law of the State of New York. THIRD: The territory in which its operations re principally Ito be conducted is Fishers Islana, Town of SOuLhold, C..unty Suffolk, New York. FOURTH: The city, village, or Town In wiiich its office Ie to - be located In the hamlet of Fishers Island, Town of SouL -.old, r County of Suffolk, State of Now York. --ir s--The numbdr- of Its directors shall not be leas than kAernar more than nine. !>r " i .r /O •StATtt's The names and of 't'�e 'lrec ur ' t ui t11 tia f1 .: t annual mecting.,abe as folliws: Names - +3dFessas A . T— .• iP1i.n,lCulu iULi. �a y�.U.' IdUu p 0 M a-T . .\ L\wJ C'1.�.�Jblly YU4+: \'�>+•. il]IIP -S✓ViicTnpIna t a1I: , a -duatice of the• Supr,Bme 1 Court of the $aDOIla-T 11 tript, d �? A p herebye approve of the f foregoliig Certifioete of Ineorporation^anfl consentbthat the.same be filed •__ .; _ � DStedw..1ly,h/f7. ^''7�/`"''' ue os o e• u reme our STATE OF NEVI YOdK)_._. IM OF SOUTHOLD ) BS COUNTY OF SUVOLK) 4 LINOS C. FOYLE, A. JOHN uADA, RAYMOND A. LA96 'hRTNUR .f:--- _. -- _ -- =7=7: =- snG H: i�E=FE1iTJSON;" JH„ each Por h1mself;'-be1duly sworn does depode,and say � That.he is oneof the 5upeoribere of the f oregoing CertificaLs of IncorporsAL6h of the Fishers Island Civic hescolation, Inc., T that the said certificate Of Incorporation is the inoorporc tion otan existing uninoorporsted association, namely, Fishers I �._..___.. —_ Association; that the purposes :eat forth in said Certificate of - - Ineorporption'are the same se; those of the Said unincorporated ► &88004atichj that 'the subscribers of aubh Certificate of Incorpor- &tion constitute all of the members of a committee atitthorized to _ incorporate such Sea ociation by vote; as required by -tie organic - law of the association; fbp' th'e a}aendment of such organic law. •Thot no previous application for the approval of the fare- going Certificate of Incorporation has been made. p Sworn to before.se this -/jZ&} day of- low , 1947 !'Notary,Fadi a o� A -. _. MAY �:.. ' :Vii. �. .. • 6u .pl tl41 - ` _._ �YET� �.I 111U..0 J •4{F: 4 4tq Z Qom- m ob i77T - - - Mme rnl A r CERTIFI*T.l OF REPORT OF EXISTENCO OF, t so lEMii1R: IiLAiliD �ITS6 11iNOZi►'St�11, 2110. . . - Eaaet Name of Co Nae _.....f+tiiwitent to genion 57 of the Menfberahip Corporationa Law — is The manic oT the`corporation 1-s-,4H:--"ISifEi-r M CIVIC kSi34CI kT1-)r',, Dl . -- .. Nw.N GeeeenMa The original name was Same ' Il ewe 4a bew etnpd,Inner wylul nese 2,' The certificate of incorporation was filed in the Departmjnt of State•oK + neN d lererpemlue 9,. The corporation was formed pursuant to —fie : embersnip t or.x)re 'inn IBti- --i • - Cln IeeeeetnlMe Swale s" ♦. The existence of the foregoing corporition is hereby continued. To be iitned by an officer, ' trustee,dh'ectdr or See mem- -- — iters in good shading. State of New ,York t Countq of 11 f On thin I J day of.� '... ._.. . __ __—, 195 _, before me personally appeared _..__..__.to me personally knotwvn,pnd:known to me to be the person(l) described in and who executed the foregoing certificate, and ( he) (they) thereupon acknowl- edged to me that ( he) (they)-executed the same for the uses and purposes therein mentioned. Query Public. - i LVCY 1. AMMAN l NOTAAY PUBLIC.?TATE OF NEW YO" t County of NOT$: if the foregoing acknowledgment is taken without the State of New York, the signature of the notary public 4 should be authenticated by a certificate of the clerk of the county in which such notary has power to act, or other proper ofi6er. - ,Q 1 . attg ♦j N l! CERTIFICATE OF AMENDMENT " OF CERTIFICATE OF INCORPORATION OF THE FISHERS ISLAND CIVIC ASSOLIATION, INC. (Under Section 803 of the Not-For-Profit Corporation Law) The uncfersigned, the President of Fishers Island Civic N Association, Inc. , a Not-For-Profit corporation existing 00 e under the laws of the State of New York hereby" ceitirfe—s 'as. follows: FIRST: ' The name of "the corporation is Fishers Island Civic Association, Inc. (the "Corporation"). SECOND: The Certificate of Incorporation,,pf the Corporation was filed with the Secretary of State of the State of New York on the 4th daAf March 1947; The Corporation was formed under the Membership Corporations Law h of the State of New York. THIRD: The Corpbration is a corporation as defined in _ " subparagraph (a) (9) of Section 102 of the Not-For-Profit •Corporation ,Law; ... the Corporation is -a Type A Corporation undgr Section 201 of the trot=For-Profit Corporation Law, 'the purposes fbr which it was formed were to promote the economic, ci4c and social welfare of the people of 'Vishers Island. • 4, 1 FOURTH: Article Fifth of the Certificate of Tncorporation .is-hereby amended to road in_its entirety as toliows: FIFTH: "The number of its directors shall be as q, established from time to time' in its by-laws." FIFTH: At a meeting- of the Board of Directors ce Pshers Island Civic Association Inc. , held on the 27th day of July, 1985, at the offices of the Corporation at Fishers , Island, Town of Southold, in the County of Suffolk, State' of New York, at which a quorum of the Board was present, the iesolution providing for the Amendment to Article V of the ,jam m •- Articles of Incorporation of "Fishers Island Civic Association, Inc. was unanimously approved and adopted and proposed to the members of the Corporation. The annual meeting of members-of 01shers Island Civic Association, Inc. was held on the 10th day of August, 1985, at the offices of the Corporation at Fishers Island, Town of Southold, in the County of Suffolk in the State of New York .at which a quorum K of members was present, and a vote was taken on the proposed Amendment to Article v of the Articles of Incorporation as set forth above; the prdp*sed Amendment was approved unanimously; aqd the Amendment to the Articles of Incorporation was thereupon adopted_ by the members. SIXTH: The Secretary of the State of New York is hereby designated as ::he agent of the Corporation upon whom r nmom process against it my be served. The post office address to 4 which the Secretary of State shall mail a copy of any prrcess received is: Fishors Island Civic Amsociation, Inc. , Fisher's island, New York 06390, r IN WITNESS WHEREOF, the undersigned President of this Corporation has executed this Certificate% Amendment to its Articles of Incorporation this 24th day of July, 1986. FISHERS ISLLAND CIVIC ASSOCIATION, INC. SY: H=• � rergus III, President (Corporate Seal) ., James Thompson, secretary i VERIFICATION H_ . -Commonwealth of Massachusetts ) County of Worcester ) as: ) I Henry L. Ferguson III, being duly sworn deposes dnd says, that he is the President of Fishers Island Cigic ,Association, Inc. , the corporation named in and described in the forgggoing certificate. That he has read the foregoing certifibate and knows the contents thereof, and that the same is true of his owneknowledge, .except asrto the matters therein stated to be alleged upon information and belief, and -� as to those matters he believes it to be true. --10-- u Henry L Fergue ZII Sworn to before me this r= 24th day of July 1986. 1v'!Ln . NotaryPUblic ! Susan td Outault Notary PdAb - 3 - MY Commission Expires �r{. .,Tbgr 29. 199g <r r c • ' - CERTIFICATE OF AMEND ENT '�i + • ,'. OF F CERTIFICATE OF INCORPORATION I 6 OF; FISHERS ISLAND CIVIC ASSOCIATION, INC. a m'-a a � Q Q m z • . ' n 1 Lij do OF NEW VO0 r OWARWNT OF. STAn� a _ BUD FEB 931998 � Jl4r y ANt. OF. CHH O rLl'% FEE i / C". ;r FEE s_ T f `r 4A 31 A14A , 1 jp;l FILED 8Y: - .�_ '.•�."�I� r,,, James Thompson • � A . - Secretary - Treasurer FISHERS ISLAND CIVIC ASSOCIATION, INC. � Y FISHERS ISLAND, NY 0690 � i 0 � i m s mm [MQn � NM�r A Capital Campaign For The Health Of Fishers Island A CAPITAL CAMPAIGN FOR THE HEALTH OF FISHERS ISLAND In 1999, the Island Health Project, the volunteer organization that funds health care on Fishers Island, launched afresh initiative to provide year round medical care. Essential to its success was recruiting an excellent specialist in general internal medicine who would live and practice on the island This was accomplished. Essential to sustained success—including the incentives to retain and attract first rate physicians— will be providing acceptable clinic space and equipment, housing, and increasing our operating fund for future needs. Building and maintaining our new high level of medical care will cost$1.5 million. We need your help to meet our goal. Your support will heal and comfort sick friends and neighbors and provide life-saving emergency care. On island, all year. You will also allow those concerned about living far from a doctor to move to or remain on Fishers Island with theirfamiligj The following information will explain our plans an s in more detail. Please read them and please help. THE NEED FOR NEW CAPITAL Y J e g Y 1 Jack and Mary Anne Hand Continuing to provide our new high level of medical care on Fishers Island will require facilities, equipment, and a living environment that will retain first rate physicians like Dr. Hand and attract his successors. We need $1.5 million to: • Replace the existing clinic and its equipment with a modern facility including ambulance access and medical tools that also will comply with the Americans With Disabilities Act("ADA"), providing access ramps, interior doors and hand rails and lavatoryfacilities for those of us with physical challenges • Upgrade our doctor's house so that a year round physician and his or her family will want to live in it • Secure a permanent Operating Fund that will provide annual income to supplement the annual fiends campaign and fees for operating the Clinic and provide for future contingencies. By the early 1980's, after Fishers Island lost its last resident physician, America's need for primary care doctors far exceeded the numbers available. Fishers Island's need was met in the best way possible and affordable. Physiciags and residents in emergency medicine from a New York City hospital visited Fishers Island throughout the year, typically in one to two week rotations. Their compensation was the privilege of being on 2 1 � �., Fishers Island plus a very modest weekly salary. Their contributions were skills required for emergency and primary care as well as licenses to prescribe needed medicines. As time passed, this once acceptable temporary system became unacceptable for a variety of reasons. Doctors everywhere became more specialized. In addition, greater demands on the hospital's resources curtailed its ability to provide full coverage for Fishers Island. We were sent fewer emergency room physicians and more skin,eye and other specialists who lacked primary and emergency care skills. Gaps in coverage developed, mainly in winter, affecting the island's year round residents but finally spilling into autumn, spring and even summer. Transient doctors were not familiar with the island and its population and could not provide continuity of coverage for a patient and his or her family. They did not take responsibility for care or improvement of the residence, office or equipment. e Meanwhile,year-round and season-long residents were aging, some developing chronic � Q or terminal illnesses that required more consistent care than transient doctors could give. At the same time, a new generation of parents with young children and women's health v �l issue was rapidly growin . no For all of these reasons, the Island Health Project decided to 1998 to again recruit a (\ primary physician willing to live continuously on Fishers Island. The IHP's board established requirements for a new doctor: he or she would live on the Island, hold regular office hours six days per week in the summer, take night calls and be available for emergencies. During the fall through spring months, the doctor would maintain his skills and augment his income, to the extent possible, working two days per I week with a Lawrence &Memorial Hospital clinic on the mainland. He or she also would work with L&M to coordinate care for a Fishers Island patient received in the emergency room or for non-emergency medical or surgical referral. In return for this service, the Island Health Project would provide and maintain the Clinic and doctor's residence, and pay his or her salary and other practice expenses, including the salary of the office manager, insurance, benefits,continuing education, supplies, and other items. Income to meet these costs would come from fees on Fishers Island and the mainland, the Annual Fund and the HOG Tournament. We were extremely fortunate to secure the services of Dr. John Hand, a first rate doctor with decades of experience in the U.S. Navy and private practice, board-certified in internal medicine and a Fellow of the American College of Physicians. He and his wife Mary Anne moved to Fishers Island in June. Those of us who have needed Jack Hand's attention are delighted with his skill, wisdom and judgment. He has brought to Fishers Island just what we needed. Fishers Island, however, has not yet reciprocated with all the support that a good physician and his successors will need. Indeed, our ability to attract and retain first rate physicians like Jack Hand will depend upon providing competitive (^ facilities, pay, and benefits. " 3 (71 In our Clinic, the waiting and reception area is small. Space and accoutrements are insufficient for handicapped patients. Examining space is cramped and without separate access for stretchers or privacy for multiple patients, including separating trauma victims from more ordinary visits. Most equipment is old, some outmoded. After years of transient occupancy, Dr. and Mrs. Hand's residence is crowded, dark and lacks decent ventilation. It and the Clinic have received only superficial repair and maintenance for decades. The cost, meanwhile, of maintaining first class medical care on Fishers Island has more than doubled. Supplemental funds for operation and future contingencies are necessary. To solve these problems, the Island Health Project is conducting this Capital Campaign for$1.5 million. Put plainly, we want to assure that Dr. and Mrs. Hand will wish to remain here, that we can attract his successors, and that first class primary and emergency medical care will be here when we need it. The alternative is a return to the prior system of episodic care with gaps in coverage, sometimes inappropriate doctors,,less convemenct�•and�higher risk We need your help to keep what we now have. The following sections of this brochure describe specifically what we need to realize our objectives for continuing better quality health and life on Fishers Island. I 4 The New Clinic As those of you who have visited the Clinic know all too well, it is dark, crowded and poorly laid out. It has old equipment, instruments and devices and lacks some that would allow our doctor to practice state-of-the-art medicine. As noted, there have been no significant repairs, maintenance or updating in decades. What you may not know is that the ground floor living space (adjacent to the clinic) for the doctor and his or her family is also cramped. Sounds from the Clinic carry throughout the living quarters. The costs and benefits of renovating the clinic as part of the doctor's house vs. building a stand-alone clinic and making the doctor's house a truly private dwelling were considered Icarefully. The conclusion was that the second alternative would be a better use of funds while supporting higher quality health care and competitive living quarters for a physician's family. Working with Dr. Hand, our on-island designer Allie Raridon, and leading health care providers, we have designed a new, stand-alone Clinic with up-to-date equipment for (,,\ primary and emergency care. The new Clinic, to be constructed on a cost-effective basis, will be located on vacant property owned by the Island Health Project adjacent to the west I�r► of the doctor's house. The new site is more convenient for pedestrian, and ambulance �Y access as well as parking. d IAWY! ly ML1fL4 1u1ltlR1�A4N � `� ' .. 4YMVh AMMPYAM: CYAtl ! w(p1 .A.., ••I ' I ^j \�• w owtT��. �� � � OSG�YAL Avy„ut New Clinic Site Plan 1/ s �'�'C'.tG6!Gtta �afiiwl c� tc� / - j As you see, the clinic will be located on property bounded by the "main" road spur past the Post Office and the doctor's house. On the cover of this brochure, the new clinic is in the left foreground and the doctor's house on the right. Separate ambulance ramp and handicapped/pedestrian access will be available. The exterior design will be attractive and consistent with the architecture of the Village area. N, ut'cT 1 t1�L70R S -TRAUMA d` '� OrriGG CAPP lG cAre d ArIA �S �_ surn.ies ., - _� ItALL SUIMIe4 4ktftlJ¢ aOMm11STAgiNE ExAMI!JG ec6M(S) nREA E*� .-•-o•Q�.t Il , rmwl p h Interior Clinic Plan The new Clinic will be lighter and centrally-air conditioned. Its layout will be more ?L1 spacious and include rooms for treatment of several patients at the same time, reducing sing room c stion enhancing privacy and saving your time. Diagnostic and �o treatment rooms wt include: • A Trauma Room equipped for life-threatening emergencies that also can be used at other times for non-emergency care; • A large Examinatiow7reatment Room that can be divided into two spaces with a curtain. One half of the space will be a Pediatric Room, decorated in bright colors and graphics, that can also be used, when necessary,for adult care. In addition, the doctor will have a fully private office, more appropriate for patient consultations, medical reading and other work. The waiting room will be larger and include an area for children with toys. Administrative space more conveniently located will be included in the plan. Doors, hand rails, ramps and wheelchair accessible lavatory will be designed to comply with the ADA. 6 The Clinic will be designed with up-to-date infection control focus. For example, it will have new examination/treatment tables and sinks with hands-free controls, space for infectious waste disposal units, and central heating and air conditioning with modern air filtration systems. State-of-the-art devices and instruments will replace those that are outmoded or, simply, old and worn-out. A few examples: • Anew electrocardiograph machine for diagnosing heart disorders; • A new defibrillator to help treat heart attacks; • Emergency suction equipment; and • New examination and treatment instruments The estimated cost of the new clinic is approximately $400,000. 7 (� A Renovated Doctor's House POWDER RM. DOCTORS EXAM NURSES BEDROOM I SUN PORCH OFTICE.. ROOM OFFICE 11. CL I CL HALLE BATHROOM EXAM = .. ROOM 1 WAMNG ROOM DCJMG AREA KFIY HEN Diagram of Current Clinic/House First Floor a STORAGE BA711ROOM BEDROOM 2 BEDROOM 1 SUN PORCH �,EDR (II BEllRWM 3 RAT,IROOM ' Pf BALL lli GARAGE 11 BRFFgWAY H .. FOYER UVING ROOM DINING AREA UTCHEN w . n i Plan of New First Floor, Doctor's House The two diagrams, above, portray, first, the current status of the combined doctor's house and clinic and, second, the plan for renovations. The current doctor's living quarters, aside from cosmetic interior improvements, are in an advancing state of disrepair, dark, s cramped and very hot ii, _fie summer with no effective ventilation. It does not compare favorably with houses available to doctors on the mainland. To retain and attract top notch physicians like Dr. Hand, we need to provide a more private, well-lit and ventilated, residence in good repair, competitive with mainland alternatives. The renovation plan includes removing the clinic and replacing it with a bedroom, bathroom, storage room and garage. Needed, long-delayed, repairs also will be made to restore the structural and operational integrity of the house. To make living arrangements more appropriate for Dr. and Mrs. Hand and attract their successors, we must create a more hospitable living environment for the doctor and his or her family. The estimated cost of renovating the doctor's house is approximately $200,000. i 9 Mit t M+'.y.M1 A Permanent Operating Fund for Income and Contingencies If we have an Annual Fund and HOG Tournament every year as well as fees for medical services, then why do need an operating fund to provide for income and contingencies? The answer is that our costs under the new system have more than doubled. Our former visiting doctors did not rely on our Clinic for their primary income, although they did receive a modest weekly salary while on the island . Their main compensation came from their hospital or their own practice incomes in New York. Their service at our island was primarily connected to vacation time and/or, in the case of residents in training, a way to supplement their incomes. The annual cost of their services was well below what a doctor earns. We must now pay a competitive salary and benefits for a full- time physician. Among the costs and expenses of operating the new medical system are: competitive annual salary and benefits for the doctor, malpractice insurance, continuing education, the office manager's salary and benefits, supplies for the clinic, electric, telephone and gas utilities for the Clinic and doctor's house. As in years past, the Island Health Project will continue to need your support in our Annual Fund and the Harbor Open Golf(HOG)Tournament. But these resources will no longer be sufficient to assure economic viability. The best way to help fulfill that need is with a one-time injection of capital that can form a permanent Operating Fund. The Operating Fund will be invested in appropriately conservative securities to generate funds for operation of the Clinic and doctor's house as well as to protect against erosion of its value from economic inflation. The Operating Fund also will cover now unforeseen contingencies related to the recruitment of succeeding physicians, repair and maintenance, acquisition of new generations of medical equipment, and other matters as they may arise. The estimated need for the permanent operating fund is $900,000, which at current interest rates would generate income of approximately$45,000 per year for operating the Clinic. Should we exceed our Campaign goal, such funds will be added to the permanent operating fund. 10 How You Can Help We need your help and the help of everyone who is part of our Fishers Island community to achieve our objectives. Objectives that will secure continuing high quality normal and emergency health care. To achieve such care, we'll need to retain Dr. Hand and attract his successors. You may not have had a reason to need the Clinic on the island, but someday you may. You will then want to have the best care available for you, your family or friends. You will want to avoid, if possible, a trip to the mainland for a common ailment. You will want, if you need it, competent, accessible emergency care. We and all your neighbors would welcome and appreciate your most generous gift. Contributions may be made subject to a pledge payable over a two year period. They may be made all or partly in cash and/or marketable securities. The accompanying pledge form and return envelope are provided for your convenience. Please note that funds at this time are not being solicited for specific components of the Capital Campaign as all are interdependent to achieve our purpose of securing first rate year round on-island medical care. Please help us to preserve our new high quality health care on Fishers Island. We're talking about your health. Is anything more important? s ! II J. 9 _IA f.. • .r e kerp, Ty, ellwow J F4 I 6 Fishers island Gazeae s Fall 1000 MENEM Nei"hhorPoles Questions About Tfx following wattnbmittrd to the Gazette and te'the Bodrdofthe 1sGlnd Health Project 4M. Elizabeth Savage who lives across thesmet from the future clinic. Island Health Project(IHP)launched,"A Capital Campaign for the Health of Fishers Island," in November n 1999 and by this summer had raised$2.3 million, far surpassing its original goal of $1.5 million. According to IHP,funds will be used to: -Build a new clinic with ambulance access, modern medical tools and facilities that comply with the Americans with Dis- abilities Act. *Upgrade the doctor's office to a resi- dence-only structure that would appeal to a d physician and his or her amnaaaoe eowuer a M4ed 11.rN r,ged Y�rounP � family. ■Front of new health clinic will face post office. ae -Secure a permanent Operating Fund, the income of which will provide for future that will be used for only 30 days? lights be on all night or automatically acti- contingencies and will supplement the an- 4.How many of the approximately 30 vated for emergencies? nual fund campaigns and patient fees. trees on the properrywill be cutdown to dear e.What are other communities with In June, Susie Parsons (IHP co-chair the land for the clinic? Will replacement swelling and receding populations similar to with Kandi Sanger),IHP committee mem- landscaping be indigenous to the Island? Fishers Island's approximately 250 winter bers,Fishers Island's yearround doctor)ack S.Could the wooded space on the cor- and 3500 summer residents, spending for Hand, M.D., and Island architect Allie ner across from the post office be saved by health care projects? Could we learn from Raridon held a meeting to explain their moving the proposed five-car parking lot to their plans?With which other communities plans to residents living near the proposed the other side of the building,or could IHP did IHP check? proles• obtain a variance to continue the current 9.Given the fact that IHP has raised The committee freely answered all ques- practice ofparking on the street when visiting $2.3 million,what is the new budget break- tions at the time,but the meeting was poorly the doctor? down for the clinic, the doctor's residence attended.In the spirit offulldisclosure and in 6.Since most structures on the village and the Operating Fund? order to give the entire community a chance green are over 100 years old,will the architec- 10.When will the committee's plans be to participate in this important issue, Susie tural integrity of the area be impacted by final?Will the community be privy to these Parsons has agreed to use a Larger forum,the purchasing a pre-fab building for the clinic? plans before construction?How will people Fishers Island Gazette,to discuss this project. L What is dee proposed clinic's outdoor who donated money be informed of the final My thanks in advance to IHP for giving lighting plan for summer and winter?Will plans? its time and attention to my questions and concerns.Ali IHP committee members re- ceived a copy of this document prior to ;� e publication of the fall Gazette. fi 716e Que"llons; 1.Would it be more cost effective to renovate the existing doctor's office into a modern clinic and buy the doctor a house on the water? 2.Did IHP consider using any existing Island buildings before deciding to build a new $550,000 plus clinic? If so, what was considered? 3.Plans have been upgraded to add a second Boor to the clinic.Does the commu- nity understand that the sole purpose of this space is to provide four-week housing for an interim doctor while the yearround doctor is E Arrow points to site of future health clinic.M.Elizabeth Savage lives on comer diagonally across on vacation?Is it cost effective to add a story from site. Fail 1000•Fishers Island Gazette 7 Project 1 1aA -R- espi4onds Ms.M.Elizabeth Savage through the Gazette(see page 3,Vol. 14 No. a suitable house for the doctor,competitive P.O. Box 674 1,Winter 2000),the civic association meet- with mainland housing,at a reasonable cost Fishers Island NY 06390 ing,and an article earlier in the summer in or an appropriate space for a clinic at a the Long Island newspaper,Newsday. different location, we decided to proceed Dear Elizabeth: The IHP Board assures you that, in with our original plan,which we all felt was The Board members ofthe Island Health crafting the clinic proposal, very careful the best available option. Project (IHP) have all read the letter and thought has been given to every aspect of the 2.See 7. questions you submitted for the article inthe project. As you know, we spent two years, 3.As to the need for an apartment above Fishers Island Gazette.Here follows our re- studying what kind of medical care Islanders the clinic,the following considerations were sponse and answers. wanted and how to.deliver the best car I e at the pertinent: For IHP to retain a good doctor, We first observe that it should not be most reasonable cost.It is in everyone's inter- he or she must be able to take vacations and assumed that Island residents are not already est to build an attractive structure on a well- be covered while absent.It is not feasible to fully informed about the IHP capital cam- landscaped site, as well as to provide fine require that,while the Island's fulltime doc- paign program simply because the June 24 medical care in a facility that has adequate tor is on vacation,he or she allow the doctor's meeting, which was residence to be occu- specially held only for pied by strangers for owners of property four to six weeks every contiguous to or near year.Given the cost of the present doctor's houses and rentals on house and clinicbuild- Fishers Island,the least ing, was not well at- costly way to fill the tended.' All of the need for alternate resi- nearby owners were dential space fora sub- specifically invited to stitute doctor was to that meeting,but only add a small apartment you and one other above theclinic,which ownerchose to attend. may also be used for Theothernearbyown- board meetings. erswho did not attend 4. Concerning had previously ex- your landscaping pressed supportfor theall questions, while we new clinic. In addi- don't yet know the tion, the Island as a exact number of trees whole is in favor ofthe to be removed,we cer- new clinic based on tainly intend to land- information provided w«a tM.im Papa iaase.uon scape the clinic prop- in out brochure, as Sid.of future clinic will face street that provides access to present doctor's o8lcelmsidemc erty attractively in a evident from the over- manner consistent whelming success of the campaign.We have, equipment and access. with the best of Island vegetation.As men- received large and small contributions f om a Turning to your individual questions: tioned earlier in the summer, we have re- very large segment ofthe Island community, 1.You first ask whether it would not be rained Gerrit Goss as our landscape architect, both yearround and summer. more cost effective to renovate the existing and our goal is to have appropriate plantings The many campaign donors contrib- clinic and buy the doctor another residence that are attractive all yearround with minimal uted with the knowledge that the IHP Board, and,next,whether we considered the use of maintenance, which take into account all comprised of representatives of a cross-sec- existing.Island buildings. The response is surrounding views. tion ofthe Island's population,would respect that we did review the costs and feasibility of S.Concerningyourquestion aboutpark- its fiduciary duty in spending such funds. renovating the existing office into a full clinic ing,the current plan for a parking area south The campaign brochure madeclearthat some with an apartment in a 2"d-story space and of the clinic is the only feasible option.Safety changes in the plans might be made depend- purchasing a separate house for the doctor. in and around the clinic is one of our main ing upon circumstances, and the bulk of We also looked for suitable space to house the concerns.N.Y.State code requires five park- funds received in excess of the initial request clinic and keep the present building just for ing spaces, including one for handicapped would be applied to the Operating Fund. housing.We metwith a real estate broker and accessibility. Five site schemes that evolved The extensive brochure,mailed to every box investigated both possibilities,looking at all over the past seven months have been thor- holder and member of the Fishers Island available real estate.Thevarious options were oughlyexplored byatraffic engineer,Gerrit community,very carefully outlined our full then discussed at length at a special board Goss,various EMTs(specifically the ambu- intentions. We have also made updates meeting.Since we were unable to find either Connnaedtopage 29 FaU 2000•Fishers Island Cozeue 29 Bike Path a Reality? l t Cove Pond. obviously would be higher now." finrinnadfrorupradr5 "The DEC said the path cannot start at As a private association, FIDCO does for gt3ntedin the winterwithafaitaccompG" the gatehouse because ofwedands issues,so it not require public approval to construct the The recreational path will be financed is currently planned to start on Wilderness recreational path on its own right-of-way. entirely through private donations and will Point Road by the Pickett Landfill," Mr. The board,however,will schedule more open become a reality only if the project is orga- Crisp said. "FIDCO believes that the gate- meetings in the future,Mr.Crisp said. nized as a 501 C3 not-for-profit entity so house guard can watch both road and recre- FIDCO has employed the services of contributions to construction and mainte- ational path use from its current position,but Mark K Morrison Associates Ltd.,landscape nance can be tax deductible,Mr.Crisp said. we would consider moving the gatehouse architects, site planners and environmental FIDCO has been working on this project west across Wilderness Road, if necessary, consultants from New York; and Chandler for five years and has made adjustments to provided FIDCO could obtain the appropri- Palmer&King,a Norwich,Conn.engineer- the plan in four sensitive areas targeted by the ate permission. ing firm. DEC:Behind the gatehouse on the Wilder- "The estimated cost of the path several nese Point Road, east of the Grey Gulls years ago was$1.742 million,the difference School Superintendent driveway,Barlow Pond area,and Barleyfreld in price is a function of the route.The price continwd f vMHde 11 dent to make the difficult decisions that will IHP Board Responds to Clinic Questions strengthen this school and will set the stage for constant improvement in the quality of Ce"sWadfS page? education for our students: said Miggie lance squad),Dr.Hand and the IHP Build- residents with a variety of health care issues Bryan,president of the Fishers Island Board ing Committee. It is also our aim not to and the need for emergency services when of Education. further congest die traf&candparking areas in access to the mainland is unavailable. "Elimk=ingtechnology(woodworking) front of the utility company and post office. Weatherby Health Care,the firm that tided from grades 3-6 was a tough choice, but a 6.In response to your concern about us in our search to find Dr. Hand, also necessary one ifwe want to improve the math whether the proposed building will be com- recently placed a physician on Nantucket. skills of our children. Grades 3-6 will con- patible with the historic structures in the However,that doctor,we have been told by tinue to have other"specials"including com- central Village area,we believe it will be.A Weatherby,has had to leave his position due puter,Spanish,art,music and physical edu- modular/custom structure, the clinic's exte- to his inability to find affordable housing. cation." rior and interior attributes will be both attrac- Unlike Fishers Island, Nantucket does not In addition to the new elementary school tive and consistent with the existing architec- provide any housing for its physician. math curriculum,the Board approved seven tural language ofthe Village and its surround- 9.In response to your question about new electives including Music Theory,En- ings.It will be sided with cedar shingles and IHP'sbudget breakdown for the money raised trepreneurship and Small Engines.Those have Marvin windows,a site-built porch and in the campaign,it is premature to discuss a decisions were based on student requests, other appropriate details.Aesthetics have al- final budget at this time,andwe don't believe teacher recommendations and principal ways been one of our primary concerns,par- it is worthwhile to discuss interim budgets recommendations. Discussions began in ticularly given our Village location. that are subject to change.The final budget March,teachers presented requests for new 7.In response to your questions about will be made available at an appropriate time. courses, and from May to July, options fighting,while we have not yet received de- 10.Lastly, in response to your ques- were studied until the new courses were signs of the lighting systems and cannot tions about the final clinic plans,we reiterate approved. answer your specific questions about when that we have updated the community peri- Ms.Koehnen said that students have lights will be on, we are concerned about odically,and it is the IHP Board's intention time to take electives since there are nine keeping lighting to a minimum consistent to keep the community apprised of progress periods in a school day on Fishers,not the with safety concerns and the N.Y.State code with respect to the new clinic, the doctor's usual seven or eight as in other schools."I requirements. house renovations,and the projectas awhole. don't think study halls are that effective,so &Concerning your question about the It has always been the Board's intention to mostly the students take electives.Ofcourse, Board's investigation ofotherareaswith popu- post the completed plans for public viewing sometimes it works out that kids have lations similar to Fishers Island, when we in the present clinic. study hall, go for extra help or even have attempted during our planning to find an- We hope this letter has been responsive time to hang out with a favorite teacher. other place like Fishers, we found that the to your questions and also has relieved your "Ifyou staywhere you are,you are going Island is a unique place with unique,medical concerns.As you know,the support for the backward," Ms. Koehnen said. "We are al- needs that are especially difficult to serve. new clinic from all segments of the Island ways changing to meet the growing needs of Rural hamlets on the mainland have doctors communityhas been positive and overwhelm- our students.Next year we will be looking at and hospitals available to them without the ing.We look forward to accomplishing our the curriculum for grades seven and eight. need for taking boats(or being unable to do goal of providing quality health care to Fish- "Also,I am trying to improve communi- so in bad weather).Other resort islands have ers Island. cation between the school and the parents, several doctors and hospitals on them. We Sincerely, and the school and the broader community. believe we have found the best solution to Susie Parsons and This is an unusual situation where the par- providingrarero both surnmerandyearround The Board of the Island Health Project encs do not comprise the bulk of taxpayers." tgp 5 A& $5.00 At Newsstand ISLAND Vo . 15 No. I Established an 1987 Wifiter/Sprin �' fir}"--v a t,IV• !P P F r . ti a "k. E `� • � 1. Ei ,� rr,, ��\. �. p•} tr ,.� /'- Ir � � j-, � ✓.'..f�`_a �� \�\ 7 ! {p� r vi'�"1 ' t � �A� rce/Y.k, ♦> " ! � ._w ,� ' ��Fh�,� �y � 1 : ! 't � �� t OMM ^ t Pfd . +i�I tr ' J � c ) ,,A11 \+°G! dill n� Ael Ow g +w • 1 t ) � ', a�41-` .�•r. 7�L�,)�A�� b �� f''�"r.�r �IM`3�' r 'fit 1sl C� �'A Irl ' 4P> T . ti.� T , t. `A� a •i 4"X16- [ Ot see a e -�WinlerlSpring 2001•h7.sherc Island Gazelle 3 1HP Clinic Proceeds a a 1 Face 1 Opposition i The Island I Icalth I'rujco (I1-11') is ports the improvement of Leland health ser- to the J'rd J'n'eh'lner." modifying plans for its proposed vices "I actually contributed numty fur inn- Ms.Mooresaid(lie loopenyinquestion Clinic in response to objections pruvmgemergencyhcalthcareun the Island, has been newly surveyed, and when those from an adjacent property owner. which is so iniportant," Ms.Leah said. "I maps are in hand,she will apply fur it lot line Nina Anrhoine Leth has .said that the didn't know it was a separate medical clinic change. "The lot line change, in effect, rati- proposed new clinic construction does not when I contributed. hes what was clone all those years ago," M.S. confornc to the "legal use" of the property. "If it were the best thing for the Island, Moore said."It won't be thesanac ase subdi- "A clinic is not permitted under the we could probably swallow it, bill it is an vision, but it will permit IHp to build a zoning ordinance," Ms Lcth said. "It should ambitious structure for such a small sire. connected addition to the existing doctor's he located where it is permissible, not on an Clinic space is not an emergency room,and house that can extend onto Lot 6.2." illegally subdivided lot contiguous to our life-threateningcasesareinuTiediatelywhisked Continued an page 23 property in an area zoned residential." IHp attorney parricia C. Moore of - Southold vigorously disagrees. UNION CHAPEL - "In a residential zone," Ms. Moore Crescent said,"a health clinic is a'presumed permit- AvenUe ted use,subject to reasonable conditions set by the zoning board,'which means that the use is permitted,but the town can maintain DOCTOR'S control over the project by placing restric- �f� ANTHOINE OFFICE O tions on it. (^ 7 8 60 p psd "The major stumbling block with the N xsxe neighbors, however, is not zoning but a SAN p`O� FISHERS ISLAND 7�. property subdivision issue." FIRE DISTRICT Ms. Moore explained the dispute this Ne b• way: AO "The Fishers Island Utility company rc 'oS owned a strip of property (Lot 6), directly rnOSmtxmCo ! across the street from the post office [see diagram at right],and in the late 1970s,sold llluatratian tram Southold Town Tax Nap approximately half to theAnthoine's and half E The Anthoine family opposes the scope and need for the island Health Project's proposed health to IHP.There were two deeds,and tax maps clinic and will not agree to legally subdvide lots 6.1 and 6.2.[Buildings not drawn to scale] indicated Lot 6.1 and 6.2. "Fatly last year,I submitted IHP's tion- Letter fr9)f11 Anthoine Attorney to IHP Attorney. struction plans for thenewdinic toSouthold's Patricia C. Moore�Esq. greenbelt-type buffer-for Lot 7:" planning board, zoning board and building S 1020 Main Road and Lot 8. department.Shortly thereafter,someone from Southold.NAY 11971 My client will not approve of the town called to say that they had the - Re: Island Health Project Inc authorize an applicBLtion to have is current tax map,with Lots b.l and 6.2,and Dear MS. Moore: the conveyaneesofLot 6.1 and 6,2''s. rheoldmap,showingLot.6belongingtothe I reviewed the papers you sent. approved as a legal subdivision. utility company. They could not, however, Thank you.' ' find any documentation authorizing the sub- 7 They do not wish to have either My client, Windham Re- lot made into a single&separate division of the two lots. sources, LLC, the owner of Tax buildable parcel' "The way the utility company conveyed Lots 6.1 and 7, opposes the con- I am instructed to oppose all it, it would be presumed that it was subdi- struction of a clinic on Lot 6.2 be- applications designed to permit` vided. Everybody thought it was two differ- cause,amongotherthings,itwould construction of aclinic on Lot 6.2. ent pieces,but it was not subdivided through change the character of the area My analysis at this juncture is formal action by the town. - and reduce the serenity enjoyed by that such an application would "The only way it can be legally subdi- the principals'family in using their face a multitude of problems in- vided now is with the approval ofthe owners residence located on Lot 7. eluding, but not limited to, the of both Lot 6.1 and 6.2. The Anthoines, as What is now Lot 6.1 was puw following: owners of Lot 6,1,refuse at give theirperiuk- chased by their parents with the 1. Lot 6.2 can never become sion.And the only way afree-standiugclinic knowledge that iE,and what isnow "legally" created plot without;, can be built i Lot 6.2 is It the two lots are Lot 6.2;eouldnot be built upon, approval by my client to a formal officially subdivided." and, therefore; would ,be a ' According to Ms. Leth, her family.cup- I Gntiuwad on page 23 )viwedSpriug 2701-Fishers 14and Gazette 23 Health Clinic Modified Letter from Anthoine Attorney to IHP Attorney th""d/i urn page.i Continued froth page 3 I'hc Anthoine lanhily's:ulorncy. Rich- subdivision by the Town Planning A clinic, as it is referred to in and Pcllirmc of Southampton, "cmphati- Board. the plans given to the Town,is not callydisagrees" Willi Ms. Moore's position 2. 1 emphatically disagree with an extension of a doctor's office in and wrote her a letter to that effect last your statement that a lot line the home, or a use accessory Novcmhci.I Sec lcito on pagc3andcontin- change would allow for construe- thereto. tied in box at rights tion of a clinic. 1 will notify all administra- Architectsandengincersarccurrently 3. If Lots 6.2 and 8 are merged tive Town agencies and the Town redesigning the clinic to retain all of the by a conveyance, into a common Attorney of my client's objee- characteristics of the original design in an owner, that parcel may not be tions to this project and their annexed, not free-standing,structure. amenable to some extension of determination tovigorously op. "We have to address the Anthoine's the existing building situated on pose same. objections—rhey did nor want a free-stand- Lot 7 subject,however,to: Please call me if you wish to ing building," Ms. Moore said. "But this a.setback,requirements, discuss the above. will not stop the proposal to provide addi- b.coverage requirements,and Very truly yours, tional modern medical facilities to the Is- e.use regulations. Richard Pellieane land, especially in light of the tremendous 4.1 believe that approval to 2SBowdenSq,SouthamptonNY. support from the community." construct a clinic requires a The Anthoine family, through Mr. change=of-zone,ratherthanaspe- «:SoutholdTownPlanningBoard, Pellicane,has said it will oppose all applica- Bial exception,and same would be Board of Appeals, Building tions for the clinic. unconstitutional "spot zoning." Dept.and Town Attorney "We are not opposed to expansion so long as it conforms to town regulations." "The Island Health Project is continu- to convey that property to IHP, thus en- Ms. Lech said. "When the utility company ing its efforts to provide the finest medical abling IHP to combine it with Lot 6.2. approached us in 1977 and asked if we care possible for Fishers Island," said Susie When the modified plans are com- wanted to buy the property, which was Parsons, IHP co-chair with Kande Sanger. pleted,IHP will submit them to the zoning contiguous to our land, it made us think "The overwhelming success of our capital board for consideration."We hope the town that Lot 6.1 was an unbuildable lot, espe- campaign has encouraged the IHP Board to approves the project as we want it," Ms. cially since we paid only$780 for it. continue this project with a promise to Moore said. "The Anchoines can challenge "We see the back of the doctor's house honor the desires of rhe many who contrib- approval by the town.Should theychoose to now,but we are the only adjacent property uted to this worthwhile endeavor." challenge it,we will go to court." owner and want to protect the peaceful The current doctor's house sits on a lot enjoyment of our property and the value of owned by the Fishers Island Civic Associa- Ulf t r,a xt our property." tion(FICA),because,at the time the land was `yup 4 IHP is leaving the matter in the hands purchased, IHP was a committee of FICA of Ms. Moore but is unwavering in its focus. and not incorporated on its own.FICA plans Conversation with Cathy Casimir is the patron saint of Lithuania,and Continued fmm page 21 Father Smilga's mother,Casimira,was named Vii: remained intrigued by the Island and its op- in his honor. portunities for fishing, gardening and relax- Returning to Fishers Island, Father ation.He became a fulltime resident in 1994, settled into his newly-purchased home and when he became pastor of Our Lady of Grace his retirement routine. He still loves to fish, where the remained until spring of last year. work in the yard, read and write, though ill Asa happy coincidence,Popejohn Paul health has caused him to slow down. He Il issued an invitation mall Lithuanian priests travels to Colchester on weekends to assist and bishops to attend a celebration in Rome, Father Mike with Mass and confession,and Mar.4,2000.This date would mark exactly he will always be active.in the Lithuanian 50 years since Father Smilga's ordination in Priests League ofAmerica.As a past national that same city.How could he not go?He was president and measurer and a current vice- principal celebrant of Mass at the Basilica of president, he labors to raise funds for semi- Mike Posey Photo ■Father Robert W. Barnes replaced Father St.John Latcntn,where he had celebrated his narians and the needy tit his native land. Xenon Smilga at Our Lady of Grace Church first Mass.To make the occasion even more After 45 years, he still loves Fishers Is- last summer and is currently planning for the special, March 4 is St. Casimir's Day. St. land just as he slid on that first visit. church's centennial celebration.[see p.201 FISHERS ISLAND CIVIC ASSOCIATION QUARTERLY MEETING SAT.JAN.20,2001 AT THE FISHERS ISLAND SCHOOL-2:40 PM TO 345 PM Co-President John Spofford asked for the approval of the minutes of the last FICA meeting. Minutes had been mailed to all members. Approval of the membership present was unanimous. THE NEXT FICA MEETING WILL BE SAT. MAY 26 (MEMORIAL DAY WEEKEND) AT 4 PM AT THE SCHOOL FERRY DISTRICT-John Spofford John told the membership that he had spoken to Chippy duPont, who stated that there were no ferry traffic pattern plans yet from the engineering firm that had been hired by the Commissioners this Fall. Chippy anticipated that the plans would arrive in about 3 weeks time: John has requested of Chippy that the Ferry District Commissioners have an open forum here on FI first (before submission to the Town Board) In order that any Interested Fishers Islander may review and comment on the proposed plan. Chippy agreed to do so. John thought that this would be the best way to involve those especially interested (ie. the school and Ft. Wright). Ken Edwards requested that this meeting be held at a time when the most people could attend - le. a Saturday - and 1f the Ferry District would give lead time to publish the date. John agreed to ask the Commissioners to do so. Ferry Commissioner George Esser was in attendance. John also said that he would suggest that the Commissioners might consider meeting with the school and Ft. Wright and any other interested party individually in advance of the public forum. He believes that this might make the open meeting less confrontational. Chippy mentioned to John that the Commissioners are interviewing a construction manager for the New London site - somethln that the di n g 9 y d of do for the FI site. In addition, Chippy indicated that, to date, the Commissioners have $2.3 million in hand for the New London project. j RECREATIONAL TRAIL (FORMER BIKE PATH)-John Spofford John spoke to Frank Burr and Frank indicated that there was nothing new except that FIDCO had hired a safety consultant to review the plans. This was done because there was concern expressed by FIDCO Board members, as well as others, that this trail might be more of a safety problem than the road Is by itself. The report indicated that the trail did solve some safety problems without making some new ones worse.. The other problem FIDCO is attempting to solve is the funding of the path. Frank Burr indicated that they are attempting to do the funding for this trail on a "tax advantage" basis. FIDCO is also addressing the opposition of property owners who do not wish this trail to go right through their front yards. The trail may have to be rerouted with more road crossings, and, if so, would the trail still be worth doing. Frank also Indicated that people had expressed the belief that the trail would be an "attractive nuisance" and that it might attract off islanders to come to FI to use it. He stated that the gate house would be obliged to be more stringent than it is currently. Frank Burr also mentioned that any observations or suggestions were to be addressed to Peter Crisp. John Spofford would be glad to get Peter's telephone number for anyone who wished it. ISLAND PEOPLES PROJECT- Ann Burnham Meg Atkins has been hired as the Director of the Summer Program. Johann.Bondara has been hired as Director of the Swimming Program. He will run the program and teach the swimming lessons. The only change that will be made Is that IPP will charge a nominal fee for the swimming lessons in the afternoon. There be a mini- swim for the 3 year olds in the morning two days a week. A lifeguard will be on duty at the beach every weekday afternoon from 12 noon to 4 pm. Well behaved children, 9 years of age and older, will be welcome at the beach without adult supervision i during the hours that there is a lifeguard on duty. FISHERS ISLAND GARBAGE AND REFUGE DISTRICT- Maynard Banks The Commissioners are going through a "punch list" with the new building at the compost station and are working with the contractor to finish up items that they are not satisfied with. They are within reach of getting the Pickett Landfill project up and running next Fall. They have grant money coming in to pay for about half of the Improvements at the Compost facility (the building). They have applications in for grants for the landfill that will take care of about 90% of that cost. Those grants should alleviate the FI tax burden. The District has a full slate of Commissioners: Ray Yakaltis Jim Wall, Bruce Hubert, Mike Imbriglio and Maynard Banks. The minutes of all District meetings will now be available at the Library. LOBSTER WARS - Barry Bryan On behalf of the FI Conservancy and the FI lobstermen, Barry reported that the news from the battle front in Albany in the Federal District Court is bad for FI. On Thursday, { Judge Scullin ruled from the bench that the statute (which has been on the books and enforced since 1911) that reserves the waters around FI for NY residents who hold valid commercial licenses (and not CT residents who hold non-resident licenses) is unconstitutional on various grounds. These grounds are unclear as the opinion has yet to be written. Scullin granted Summary Judgment to CT in the suit which their Attorney General, Richard . Blumenthal, brought and .to. the Mystic lobsterwoman,. Vivian Volovar, who brought a companion suit. The result of his ruling from the bench is that Vivian Volovar wasted no time and as of yesterday was planting traps around Fl. It is clear that the Judge ruled from the bench to put the DEC on notice that they should no longer be enforcing the statute even though his final order has yet to be entered. Last Fall, the NY Attorney General, who was handling the litigation on behalf of NY State, was proposing to settle the two suits on the basis of a 500 pot one mile j conservation zone regulation which the DEC was prepared to adopt. The DEC's version of the regulation contained no protection at all against an invasion by CT lobstermen. The FI Lobstermen's Association met and we advised the NY Attorney General that we would rather roll the dice in Court on the constitutional question rather than to accept a regulation settling the suit which would leave FI open to unlimited Cr participation. We believed that the DEC was offering less than half-a- a loaf In their conservation zone regulation. As a result of our pressure, the NY Attorney General and the DEC agreed to roll the dice and to go ahead and defend the statute. They suspended work on the regulation which they were ready to promolgate. At the Summary Judgment Motion Hearing in Albany on Thursday, the NY Attorney General came up empty handed and the result was the decision from the Judge. NY will have a right to appeal this decision to the 2nd Circuit and, if it does decide to do that, it is quite likely that Maine, Massachusetts, New Hampshire and Rhode Island would Join in the appeal (which they have a right to do) If Judge Scullin's decision is wide enough to put their own "residents only" statutes In question. We believe that NY will probably not appeal. It is doubtful that the NY AG is willing to take the case all the way to the Supreme Court. This is a very sad end to a 90 year history of State protection of our FI lobster fishing community. The saddest part of this whole episode is that the entire crisis was precipitated by an incredible bureaucratic blunder in 1997 by the DEC who are charged with protecting not only the marine resources of the State, but also the livelihood of the fishermen of the State. Their blunder was (prior �any Court challenge) announL.-Ig to vivian volovar and to the CT,Idbstermen that they believed the 1911 statute was unconstitutional. This precipitated the entire problem and the ensuing litigation. On the brighter side, the early indication from the NY AG's office is that the DEC will return to its conservation zone regulation project and promolgate a regulation on an emergency basis. This Is the same half-loaf that we rejected earlier, and our attempt to have them put In some limitations on CT participation is probably gone. Hopefully, a clause will be added that anyone who fishes this zone will not be allowed to fish outside this zone. A 500 (or less) pot limit might serve to keep out most commercial fishermen who would wish to fish many more pots. Perhaps this would keep out the Long Island fishermen who also came over after the 1997 DEC announcement and carpet-bombed not only the South side of FI, but also the FI Sound side. At least, CT has been kept at bay for 3 years. There Is a conference this coming Thursday with Judge Scullin. The NY AG and the DEC are working through their options and we will be talking to them to make the best of a very sad situation. DUMPING FRONT - Barry Bryan There Is little news. The Conservancy and the other plaintiffs have filed a Notice of Appeal of the Dismissal of their suit which after 5 years in.the.Federal Court.on LI was dismissed last year. Discussions are pending with the court and with the government defendants, and we are hopeful that something useful will come out of this. Meanwhile, the Conservancy is participating very actively In the EPA proceedings to start complying (after 20 years) with the Ocean Dumping Act .by designating Dump Sites 'in LI Sound including the possibility of formally and legally designating the New London Dump Site. We are staying in the face of the Army corps of Engineers and the EPA to see that they do not dentgnate the New London Dump site as a location to dump contaminated dredger spoils. The conservancy has put together a proposal for an expert in lobster shell disease at the University of Maine to research the possibility of a Zink between the dumping of-over one million cubic yards of contaminated spoils from the Thames River and the outbreak of-lobster shell. disease which was experienced here over the last two years and which was noticed especially in the waters around the dump site. This is a $90,000 project which will take a year. or so to complete. We have already received a grant from the Luce Foundation for $30,000 and.are looking for.the rest..,,We have been:unable:to.tap Into any of the $6.5 million of Federal or $2 million of NY and CT funds that have been earmarked g .wenerally for lobster research. The problem here is that most of-this money Is ggo ng into the examination_of the lobster kill.in estern.11 Sound .(where the $4'milllon of disasterrelief is also-going). .:We,hoppe that.you will be4generous-if you get the call to donate money for this research as it will be an excellent tool with which to defeat the Dump Site designation if a link is shown to exist. MOSQUITO CONTROL- Barry Bryan John Thatcher and the mosquito "girls" (now to be referred to as mosquito technicians) continue to work with the DEC and Suffolk County to reinstate the program which the DEC shut down last September. We are hopeful in getting the technical violations straightened out and that program up and running before the mosquitoes return. ISLAND HEALTH PROJECT - Ken Edwards The building of proposed new clinic has been challenged by the neighbors to the i north. In spite of a threatened law suit, the INP Board has decided to pursue the i project. After discussion with our attorneys and the Town attorneys we believe that 1 we will be able to get the necessary variances. The IHP Board believes that, while there may be some modifications to the project, this is the ideal place for the project and that the project is well designed and will fit in well with the community. j i The Board looked into other options, but did not come up with any. Because the Ic for the new clinic is so small, the current doctor's house/clinic and the new proje( might have to be joined in some manner. Even if that Is done, variances will still b necessary. The INP Board believes -that this is a very worthwhile project and the they will get the variances required. John Spofford added that an interesting wrinkl j to all of this is that the land under the current doctor's house/clinic is currentl owned by FICA - a bit of arcane FI history - and that the Island Health Project own the vacant corner lot only. FISHERS ISLAND SCHOOL- Miggie Bryan (President of the Board of Education) The Fishers Island School Board and Kathy Koehnen are dedicated to making th school a place for our children to get the best possible education and realize the highest developmental potential. We have a good school and a dedicated facult• Now in the second year of Kathy Koehnen's leadership, we have made real strides I achieving these goals and addressing the issues of the past, including those raise by the Lehrer report (sponsored by FICA). We have made real progress in taking th school from good to very good and ultimately to truly excellent. The Board unanimous in its support of Kathy Koehnen, In these efforts. Some highlights of or. Board activities: in December, . we made the last payment and burned the 30 ye- school mortgage. (Applause) We. have been working with our architects on modest expansion of the science lab to accommodate changes In the scienc curriculum and to alleviate current overcrowding. We are also working with o!_ architects on a program to address other necessary renovations of the buildin (which is 30 years old) over a 5 year period which is designed to take full advantag of available NY State financial aid and avoid taking on any significant debt. We hav have engaged a widely experienced School Business Manager, Bob Holmes to wor with us on computerizing the school's business operations and reorganizing th j Business Office. We were dissatisfied with .the services provided by our LI auditoi and have been Interviewing New London firms who will be able to do a better job fo us. The Board and Kathy Koehnen are very concerned about the impact of the gre= circle ferry traffic pattern on the safety of our young students and the overall quallt of life at the the school. We have survived and endured this as a temporary matte during the.dock construction project, but see it as intolerable on safety an educational grounds on a permanent basis. We are grateful that the Ferry Distric has retained professional traffic engineers to study the problem and that the Distriff gave us the opportunity to express our concerns to them. We are also delighted th-- the District has promised to hold a public meeting on the Issue when the study I complete. Each month, the Board hosts a showcase to see students and their work Last Tuesday, Debbie Walters 3rd/4th grade students read their original poetry an gave haiku verses. Meanwhile, a lot of exciting things have been happening at th J school. The faculty has been strengthened with a couple of stellar additions. Ke Degas joined us to handle special education after a career that spanned all 1 grades and a wide range of academic subjects (including a Masters Degree in Art: He has already won accolades from the rest of: the faculty for his work. Our nr +, young Spanish teacher, Jim Hands, has just moved to FI with his wife. We welcom them Into the community. On the other side of the faculty ledger, Laura Edward announced her retirement after 33 years of getting more than 160 of our Islan f children off to a strong start in her kindergarten class. Kathy Koehnen describe Laura as the best kindergarten teacher that she has even seen. We are incredibl grateful to Laura for her many years of dedication to our children and to he profession. We will all miss her enormously. (Applause) In December, the Schoc i held a week of seasonal cultural and religious celebrations. Each of the uppe classes researched a cultural or religious tradition, and made a presentation to th School and gave Web sites for further study. The Music program continues to flouris 1 under Paul Fitzgerald as everyone who attended the Winter Concert can attes i Roberta Elwell and her student artists created a spectacular seasonal backdrop for the performance. The Magnet Program continues to make Its Important contribution i to the academic and social life of the school. Also, we are encouraging all of our teachers to participate to workshops on new teaching methods and Ideas and to put them into practice here. Our new Speech teacher, Shar Shalou, met_�yith all Island parents of children from InfanC a o ari vq�'e1 them on j language development. Our S ng+t!e forlts" s trip to London and Paris in April. These dte44 ply some of the exciting and positive things that are going on at the school. The Board is very pleased with the progress t our skilled Superintendent and our dedicated fami are making. John Spofford asked if there 10, o d busins! ons. Rosemary Baue discussed ii„ tubiers , t. o Island for newcomers and potengreb ti'!1lid that he would discusshure on theproposition, committee and possible F eme'A with her after the meeting as he believed that it was worth further discussion. '4V S Ferry District Meeting that was scheduled for the _ j of arty: knew wa sted on the notice and h d to know if anyone hat was to be discussed. FI Ferry Commissioner, G�Esser believed that the Agenda was "nitty-gritty" stuff (contracts and billing), and nothing re to his Wge• Ap 'ht Sch ed if community Information coul a better an just t e p. ar on the P.O. Bulletin Board. J�4m` Hunt geste establish a Web site.project.is g as he 'j s lest fui and a worthwhile ro ect. Chris Edwards asked about the Dock Beach Park Project. John said that we have all the DEC permits and there are 160 cubic yards of topsoil on the North Fork of LI waiting to get here. Nothing can be done about tearing the asphalt up until the monrnd th aunfreezes. We did gpt a $1000 Suffolk County grant for plantings about a 9 ` Ken Edwards complimented Terri Crupi for the work that she does on organizing the Senior Lunches as the Southold Senior Aide. (Applause) John asked if 1 Terri stili needed volunteers to cook, and she said she is always looking. Last Thursday 27 Seniors attended the luncheon. The chefs were Ken Edwards, Peter Burr and Harris Parsons and they loved doing it. James Hail asked about the status of the $100,000 grant from the oil spill. Nancy Hunt reported that Southold had received approval from the DEC to use the funds for the catch basins that the Town En sneer, Jamie Righter, and Chris Smith, of Cornell 1 Cooperative, had suggesteAJp to catch the "stuff` that was running down the hf ramp area. We are just waiting for the project to beat only method by which we could shake loose the money (a 70,ii00�t a had not spent on the failed scallop project. We do not know if the entire i $70,000 will be spent on this, but we do know that each year, the Fund administrators take 10% of those funds for administration. We had tried to shake loose the funds for other purposes (te. lobster shell disease), but we were turned down by the DEC each and every time Respectfully submitted, Nancy Hunt, Sec./Treas. ! i r _ 1 r r°r 1 44 Am MINNOW low dim y FISHERS ISLAND CIVIC ASSOCIATION P.O. BOX 464 FISHERS ISLAND, NY 06390 Pm 631-788-7029 N "- QUARTERLY MEETING MINUTES 200 � •�- • A • • I Richard M. Mathew, Esq. LLC Attorneys at Law Main Street, P. O. Box 1428 Bridgehampton, New York 11932 Tel: (631)537-1984 Fax: (631)537-3445 Richard M. Mathew E-mail: RMMathewEsq@aol.com Maxine Hirt Of Counsel BY HAND 14 May 2001 Planning Board Town of Southold Town Hall Southold, New York 11971 Re: Island Health Project, Inc. Application for Lot Line Modification Dear Board Members: This office represents Windham Resources, LLC, as owner of property located on Athol Crescent, Fishers Island,New York (SCTM# 1000-9-2-7 and 1000-9-2-p/o 6), and Nina W. Leth, Robert and Edith Anthoine, and Nelson Anthoine, as principals of Windham Resources. This letter is submitted in opposition to the application of Island Health Project, Inc., for a lot line modification which would have the effect of merging Fishers Island lots identified as 1000-9-2-8 and 1000-9-2-6.2 on the Suffolk County Tax Map. Please include the letter in the record of public hearing on the application. As you may know, Island Health Project, a New York not-for-profit corporation, plans to construct, own and manage a so-called "medical clinic' on the subject lots. This application appears to be precedent to a revival of an application to the Zoning Board of Appeals to legalize the proposed use. My clients, initially, have a very simple reason for opposing this application: they are part-owners of one of the lots proposed to be merged! The application lists, as one of the subject lots, SCTM No. 1000-9-2-6.2. Despite this reference on the application and on the Suffolk County Tax Map itself, this lot does not legally exist. As shown below, the land putatively given this tax map number is in fact part of undivided lot No. 1000-9-2-6. A bit of history is in order. Prior to 1978, Fishers Island Utility Company, Inc. owned property fronting on Oriental Avenue and adjacent to two lots, one owned by a predecessor in interest of Windham Resources and the other by Fishers Island Civic Richard M. Mathew, Esq. LLC Association("FICA"). This property, of approximately .64 acre, was identified as No. 1000-9-2-6 on the Suffolk County Tax Map. During 1978, the utility proposed to sell to each of the two adjacent property owners that portion of its lot that abutted their respective properties. Both agreed to the proposal. Subsequently, the utility transferred, for nominal consideration and without benefit of prior subdivision, the respective portions of its lot to Windham Resources' predecessor in title and Island Health Project, which was mistakenly thought to be the owner of the property in fact owned by FICA. The transfers are reflected in deeds recorded with the Suffolk County Clerk during 1978, copies of which are attached hereto as Exhibit A. You will note that the tax map number referred to on the left side of both deeds is 1000-9-2-6, but the legal descriptions of the property transferred differ. For reasons unknown to me, the Suffolk County Tax Map, at some point subsequent to the transfers, began to carry the property as two discrete lots with different tax map numbers, i.e. 1000-9-2-6.1 and 1000-9-2-6.2. However, because the utility did not subdivide the property prior to selling it, the legally correct notation continues to be 1000-9-2-6. One can only surmise the reason the utility failed to subdivide, but it is clear that a subdivision would have necessitated a variance in that the lot, even prior to subdivision, did not meet the minimum requirements for lot size in a residential district in effect at the time of transfer. No such variance has ever been granted and the property remains undivided. Thus, it is currently owned by my clients and Island Health Project as tenants in common. My clients were not asked, as co-owners, to join in the instant application, would not do so if asked, and strongly oppose it. They object to Island Health Project's plans for the property. The lots, even if combined, are too small for the intended "medical clinic," which is a prohibited use in the zone. My clients intend to contest vigorously any revival of Island Health Project's Zoning Board of Appeals application to legalize the proposed use, should the project get that far. Moreover, Island Health Project is not authorized to conduct a medical clinic. It does not and cannot have the necessary approvals from the State Department of Health, cannot meet the requirements of the Public Health Council and the Certificate of Need process to operate such a facility, and, perhaps most importantly, is specifically prohibited from providing hospital or health related services (as defined in Article 28 of the Public Health Law) in the Department of Health's endorsement annexed to its certificate of incorporation. (A copy of such certificate, with DOH endorsement, is attached hereto as Exhibit B.) My clients have pointed this out in a complaint filed on or about May 1, 2001, with the Charities Bureau of the New York State Attorney General's Office. Richard M. Mathew, Esq. LLC In the complaint, my clients have also charged that FICA's recent transfer of lot # 1000-9-2-8 to Island Health Project to facilitate the proposed lot line modification is void as a matter of law. The lot, worth approximately $750,000, constituted substantially all of FICA's assets. The conveyance was accomplished without either a noticed meeting or the approval of a majority of dues-paying members, or a court action, as required by the New York Not-for-Profit Corporation Law. Because the lot line modification and subsequent merger with lot No. 1000-9-2-8 that is sought requires common ownership of both lots, which for the reasons set forth above is not the case, and because the purported transfer from FICA to Island Health Project of lot No. 1000-9-2-8 is a nullity, I respectfully submit you must deny the subject application. Thank you for the opportunity to present my clients' views. I am available to answer any questions you may have. Very truly yours, Richard M. Mathew Encl. o-^�-•� u...a.,an V n I ., r.,,,a,xu.Hit.rom-"i"i,.,,n sdn;. ( - I r +.,uw., t air.,,n.a u,n•,,.u•a�•c;,,i. ,,,,, jty-eight�,' CONSULT YOUR SAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUASENT SHOULDOEUSEDBYL84371.+ 400 ST. TH6INDENlURF..nude We yo day of May , ninricrabuudrrdand seveBE7WF3;.N FISIIERS ISLAND UTILI'_'Y COMPANY, INC. , a9 New York corporation, having an address at r+/,'? /UH/NEC. Fishcrs Island, New York 063902LP.. cart of the first urn,ant)I y 1 L•'DITlI ]!. AN'PlfOINE, residing at 1065 LexingLOT Avenue, New York, New York. 10021 I f:: Luny of the secor'l part. WITNESSETH,that tit,part,of the Lara!tart,in enn,idrratinn,•f Tin Ihuh!:u::rr!.,:her•dnaf,h conid _ Laid by the pariv,.I tLt ., ..rr r.uL dors hrrh,�rrn :uul moa-.r c:nn tb; tun: or the .,r;.,t,l v.u'1, Ihr heirs of successors and assign,of 11 r parry ut [tit second n nd tui•rever, !'J (� ALL that certain phut, purr or p:+rcc•1 „f land, with thr buildings and impnn'cnents thereon ercned. situate. -^ lying and being ins;tex Fishers Island it,, the Town of SoutF.old, Count✓ of „�16�•.� Suffolk and State of New York, being bounded and described as fol- lows: BEGINNING at a monument on t%- northeasterly line of Oriental Avenue at its intersection t:•ith the southeasterIv line of Athol Crescent, said poirm bolo<; 27j9..17 feet north of a point which is 223f 65 feet west of another monument ma,Sieg the United SLO-vs Coast ala! Gedoetic; Triangulation Station ,p1:OS,, :and THENCE RUNNING along said Att:ol Crescent line North 570 38' 00" East 65.0 faet,; THENCE Guth 370 43' 20" East 10.0 feet; THENCE North 57" 38' 00" East 10.0 feet; THENCE South 37e 43' 20" East 219. 38 feet; THENCE South 52" 16' 913" h1c-st 74.67 feet to the northeasterly side of Oriental Avemle: - THENCE along said oriet,tal itvcnue North 371 93' 20" :gest 236.37 feet ,�'• to the monumentat the intersection first above mentioned at the Point or place of BEGINNING containing 0.39 acres, more or less. - This conveyance is Of Premises substantially all of the assets tvof the oparty not rOfJthe ufirs a 'Ask certificate of incorporation of which does not require the con- sent of its shareholders to the sale of the property. 1'OGf:Tllhh .+'idr all ri•h:,title and iutrTesl, if any,of rhe Ptrty,of the fira part in and to arty slrrets and and ail rhe ra rumps abul es the al.ne dc:rnin'd p,reuu,es 10 lilt center lines thcrmf;T0i';hTI1HR with the appunenanms estate and rights.d the y'p:nof the first pan in and to said nren::>es; TO IIACIi AND TO HOLD the pnm:ix•s it I g,ante(! urno the Pavy of the second Part,the !tours or'sua•essors and assigns of the Parte of the Stroud Part forever. AND file parte of the fira part rnernanla Nat the Itrriv of the first Inn has nen dune Or suffered anytbing AN:)drc the ""I yrcnriws hacr 'm�, rn<nmbered in ane tvav Mmterrr. rs<tT: a, Lmr.'said. ANiI the Larry .n dm tir.r p.vt. m cuugdi:nu'r tcith Scaioo 13 of the Lien lam,oirrnatnv that the iuriv of the first pan mill n•rrirr Ihr n n.ulcraonn tor Uri,coneecaner and will.held du' a�iln to rrrrn-t .00h amsid- eratmn a:a tr+mt Lad In Le aly,hrd first for the pu rla,sc of paving the ant of the inlln.,+'nuenl:ofd ch apply S the Slth,Iirat to the l,it ntrnt cal ILe t'UaI Ut ill. inlprne tilelll htorr 11Lng alti JV,;Of the total of he$arae for L'.' Thean% other t,, L, tr. The word "Iran}" shall Ite cnnstrui-d>; if it read "lur11ci• whrucwrr the sense of chis indenture so requires. IN WITNESS WMEBEOF,the puny of the first Part has duly"Muted this deed 1hd day and Year first above xTiticn. IN PRESENCE OF: FISHERS ISLAND UTILITY COMPANY, INC, /yBy n Zv —"1, c r S Baker, President ,.t. •,' ...: CONSULT YOUR LAWYER ORE SIGNING THIS INSTRUMENT—THIS INS' .MENT SHOULD BE USED BY LAWYERS OC hryry IIBE 394 PACE 37 ,THIS INDENSURE,made the 16th day of February , nineteen hundred and seventy-eigl BETWEEN FISHERS ISLAND UTILITY COMPANY, INC. , a New York corporati• with an address atfFishers Island, New York party of the first part, and ISLAND HEALTH PROJECT, INC. , a New Yo'r'k not-for- profit corporation with an address atFishersIsland, New York 1 party of.the second part, u WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable eonsideratio- paid by the party of the second part, does hereby grant and release unto the party of the second part, the heir- or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate lying and beingSdMX at Fishers Island, Town of Southold, County of Suffc State of New York, being bounded and described as follows: BEGINNING at a monument at the intersection of the Northeaster) line of Oriental Avenue and the Northwesterly line of �Crescent Aver said point also being located 2417. 82 feet North of a point which i 2003. 32 feet West of a monument marking United States� Coast and Geodetic Survey Triangulation Station "PROS" and thence running al, said Oriental Avenue line North 37° 43 ' 20" West 144 . 99 feet; thenr North 52° 16 ' 40" East 74 . 67 feet; thence South 37° 43' 20" East 1, feet to said Crescent Avenue line; thence along said road line Sou: A portio 50° .06' 20" West 74. 73 feet to the point of beginning. Containing of: 0 . 25 acres, more or less. District BEING a portion of those premises granted to the party of the 1000 first part by deed of West End Land Company, Incorporated dated June- ¢, 19661 and recorded June 13, 1966 with the Office of the Section Clerk of �_kie County of Suffolk in Volume 5973 at Page 17. - _..... i CERTIFICATE OF INCORPORATIONor LT,. ISLM D HEALTH PROJECT INC., -- `r (Under section 402 o the Not For - -Profit Corporation Law) R '" ( < The undersigned, desiring to form a not-for- an. '-' pr-6iflT-tuYparation-pureuant to- the--Not-For-Profit Cozpo- - - - ration Law of the State of New York, hereby c6rtiYatMW-as follows: FIRST: The name of the Corporation is Island ° J _ Health Project, Inc. (hereinafter sometimes referred to h ? as the "Corporation") . SECOND: The Corporation is a corporation as de- 1 £ined.in subparagraph (a) (5) of Section„102 (Definitions) of the Not-For-Profit Corporation Law and is a type °B ' corporation as defined in Section 201(b) (Purposes) of such Law. s �ry THIRD: The purpose for which the Corporation is i formed is the promotion of the health"of the community as a whole through th"evelopment'and improvement of medical Q services for persons residing. in. the community by attracting t medical personnel to move to an island known as Fishers 3; Island, which island is included in the Township of South- 41 hold, Suffolk County, New York, to practice medicine and - + to provide services to the community by any means, includ- ing but not limited to, the subsidizing of any medical per- sonnel willing to practice -in th mmM=ity. 7 . FOURTH: In furtherance of the above-mentioned_ pur- r y _ pose, the Corporation, in addition to the powers granted under the laws of the State of New York, shall have the fol- ." lowing " lowing powers: p 9 I� {@ (i) to solicit money, .donations of money or i rE property ;of any sort,far finahcial assistance; �. k. (ii) to accept, obtain, take title to or hold by g4f*1 , leaacy be uest, ,devise, purchase, j __... . Jesse, government grant or oft—ierwis-e,-¢ny`prop- '- erty wherever situated, real, personal or mixed, including rights or services of any natilre with- out ith out limitation as to amount or value excepk-auch ].imitation, if pny, as may now or hereafter be i _ + ` imposed by law; (iii) to administer, use, sell, convey or other- I , wise dispose of or to authorize others to administer, ' ;y I; use, sell, convey or otherwise .dispose of any such r .property and to invest and reinvest the principal r thereof and to deal with and distribute such property and the income therefrom for any of th8 above-mentioned purposes without--limitation, ex- cept.such limitations, if any, as may-be imposed 1' - • by the terms of -the transfer of such property to the Corporation or otherwise agreed to in connection with the receipt thereof; (iv) to receive, take title to, hold and use .. _ .. . . _.:._-. .-. c ...._ _. .. the groceeda and income'Eo st3CR3; bond's,- obli=- -- x gations or other securities of any kind, domestic or foreign, for the above purposesr ° (v) to make, co-sign, guarantee or arrange for such loans or advances of money or other prop- erty both secured and unsecured on such terms as t _ the Board of Director —i ;tA judgment deems ad- + viaable for the above-mentioned purposes; tE -2- PR VI Ilk 4 r i4 _ S ,. • � wy� ,Ya•T l y ; (vi) to appoint an individual or ckrporate it r��lx trustee or individual corporate trustees of any or all of its properties, to appoint a successor Crus- bye of vr-914-0Or -11 property and to confer on any such trustees or successor trustees.such of the powers, duties or r ' ---, -Vb3tgatians--of,-.the-directors._of..the:.Co=poration, . _in relation "to the care, .custody or management of such property, including disbursements of funds, as i R 11 may be deemed advisable; t (vii) to• decline to accept any gift, government _ .f ... _,grant, deed, legacy, bequest or devise, or any offer of a loan; (viii) to do any and all things (including but a not limited to the borrowing of- money and securing p r: of .the same, the making of conveyances, assignments. ( � and contracts and the incurring of obligations) y _ - necessary or convenient in connection with the - * � _ accomplishment of the purposes_of__the.__QQr -ration r _ to the same extent and as fully as any natural )sa person could or might do and as are not for- - , bidden .by law or by the Certificate of Incorpora- <• ' tion or by the ay-Laws of the corporation; (ix) to exercise any and all powers in q P: carrying out the Corporation's purposes that-might be conferred upon corporations formed pursuant to the Not-For-Profit Corporation Law of the State - --- - , of New York. FIFTH: Nothing herein contained shall authorize - z _3- .. i A y5'S. Q or be construed as autnoc..__.,, a hospital 'or to provide hospital or health relatea e _ as defined in Article 28 of the Public Health Law, or to db ser�'itas wh. h the flew York State Department of Health determined 'should only be prov13ed_1n 3tiChoepita�— or health related facilities, nor shall anything herein con- . ..ti _.. j. _......_._.._.,.:.,._..__. twined authorize-or be construed as authorizing the Corpora- .._ __....._..__ . . .._....... tion to practice medicine as defined in Article III of the T--- Education Law of-the State of New York. Nothing herein con- tained shall authorize this Corporation, directly or indirect ly, to engage in or include among its purposes any of the i activities mentioned in the Not-Far-Profit Corporation Lnw, (Section 404 (b) - (p) or Executive Law 757. SIXTH: The Corporation is not to be organized !for the 'pecuniary profit of its directors, officers, of i (members, nor may it issues ocdividends: _ . IiAll income and earnings of the Corporation shall be.used lexclusively for corporate purposes. . No part of the net �iincome or earnings of the Corporation shall inure to the (benefit or profit of any private individual, firm or _ 'corpoortion. i SEVENTH: In the event of a liquidation, dis- i — solution, or winding-up-Vt--the Corporation, whether --I1voluntary or involuntary or whether by operation of law, is Ionone of the property of the Corporation, nor any pro- _ 'Iceeds thereof, nor any othei assets of the Corporation 4 jshall be ,distributed or be divided among any of the mem- bers of em-bersof the Corporation, but shall be transferred or !,distributed to anothei organization, organized and - j -4- 7777Rm.WE , y r : ,perated for the same or similar exempt purpce..., ny- fund, foundation, or corporation organized and N perated exclusively for charitable purposes within —.___ f-igeet_iyn-Sr.1.Goa-(.3.)•_oi._the. esn nue Code band such transfer or distribution shall be - ade pursuant to an order of. a Justice of the Supreme curt o Eha SfSte of Now-York. i EIGHTH: No part of the activities of the orooration shall include carrying on propaganda or therwise attempting to influence legislation, or par- icipating in, or intervening in (including the pub- or-distribution ub- or_distribution .of.-statements) , any political " �ampaign on behalf of any candidate for public office. NINTH: The Corporation shall distribute its income for each taxable year at such time and in such 'manner as not to subjA2it to tax under Section 4942 1. ;1of the Internal Revenue Code of. 1954, as amended, and �Ithe Corporation shall not: I (a) Engage in any act of self-dealing as defined in: Section 4941 (b) of the Codes I I - - (b) Retain any excess business holdings as defined in ,section 4943 (c) of the Code, (c) Make any investment in such manner as to subject the Corporation to such tax 1 under Section 4944 of the Coded or 'I . (d) Make any taxable expenditures as defined in Section ..4945(d)_ of the Code - TENTH: The principal office of the Corpora- tion shall bo' located -in the Township of Southhold, i I p µ Y P � County of S4ffolk, in the State of New York. _ 'ELEVENTH: The activities of the-Corporation are principally to be conducted on Fishers Island, New York; u s Ttim-whai�-not-b- ' unit- -to -- --- L territory. T TWELFTH: The names and addresses of the initial directors of the Corporation" all-of`whom,-are -- - Citizens of the United States, are as follows: NAME ADDRESS S ' Patricia M. Baker Fishers Island. New York 06390 Sarcie Doyen, Jr. Fishers'Island, New York 06390 L, Arthur Walsh Fishers Island, New York 06390 f: - William H. Wood, Jr. , Esq. 266 Pearl Street ` Hartford, Connecticut THIRTEENTHT ems^ - poet-o ce address to which 'the Secretary of State shall mail a copy of any notice '.required by law is c/o Mrs. Pat Baker, ,Fishers island, ' 4 - - New-York 05390.. 'h FOURTEENTH: Prior to the deliveryofthis Y Certificate of Incorporation to the Department of State —�- for filin , all- a q - pproval-s--orconsents -required by the - NOL--For-Profit Corporation Law orbyany other statute of the State of New York will be endorsed upon or an- nexed hereto.. - IN WITNESS WHEREOF, the undersigned incorporator, being xt I ex t-nifiere_ Been yeara af__age.--afEirms..-that the. ._. r statements made herein .are true under the penalties of rAerjury. / _ Dated: �, / / y� /S 7`1 } . incorprora mr F Henry L. Ring Fishers Island, New York 06390 MIT :.777-77 i 777777777,54W,GGi y4�•w', s STATE OF114Ek YORK ) �� COUNTY OF NEW YORK ) On this' /g day of ,1974, before -_.—_—' me personally, dime Henry'L:; Ring;-to me nown an " to me to be the person described 'in and who 'exequted the +, ? foregoing ldertificate of incorporation and.he thereupon - j';: duly ackpowledged to me that he executed the same. --' ' yt'1Ki e K otary Public f. DEBORAH F. MASTERS-- Notorg Rubflc,S1a4 01 Nflw York Pi No.242571160 - - Quto flrdFda M Kings Calm _ ommis l FU ir New York .19 IFonimugon Etpkn h4rm 30,3575 � t i .�v t!M1 II s 11 i ' I y X' p. _7 a •. .� ,:?h���K:xJ�j'��T I�fi v' I�t�,._ 1� �'i..•v��i.�'3'� w ... STATEOiNEWYORK TMENT OF HfAITH-- .LBAN, . PUBLIC-H-FAITH CURTI. ' May 13, 1974 +I _Ms.. 11ehaLah Furs — -- 'VDavie, Polk and Wardwell Attorneys at Law _ 1-Chase Manhattan Plaza New York, New York 10005 Deer Ms. Masters: kt Re: Fishers Island Medical Center, Inc.* ` The proposed Certificate of Incorporation of Fishers Island Medical Center, Inc*does not require the approval of j the Public Health Council, Wes the purposes set forth in thesaid 9 hospitalcate do not asin Article aro ' 28 ofthePublicHealthLaw. s 9 � ;1 y Paragraph 5 of said Certificate contains a provision that the corporation is not authorized to operate a hospital or to provide hospital service or health related service as defined in Article 28 of the Public Health Law. Sincerely, ANDREW KRIEGER v C Secretary .k * The name was changed to Island Health Project, Inc. COUNCIL t r'.+1/•`I!,\i•t,Pl'.H.:.. "ORION <! ... .vu... '.1,1::,1 9•Fnn.M,�, O.I'9 LC!1, ANLE 1 N HOWARD10.W M. A.RUSK,N.O, OL:'LIYL P,BCUG +[MILD fi,N1NLC"r•N.C. JUNN N.xJ.L'v .. :.c+.Cr Munr.• P r G[OMGC W.Ntf;IL1 �. W R C N.! . t.Nv:,x'\ J'Jnv Pf l:v .I:. -/V//I// •. \vIN.\I.^. 1.1 . 4 C=VlyICATB OF INCORPORATION •CW is t IBLAIm VALTR PROJSM, 33C.�7 • Under Section 402 of tLe // ' Rot-for-Profit CorperatimtL ' �� L�30�R�l �ClB7y�¢0/arm JU1-91974 Davie Polk 4 Wardwell. + •; a;•Cba/e Manhattan Plaza Now York,. New. $ark .10005 yFr �' C F0 AVENUE \ i > c ' G WEST HARBOR n \\ J WEST STREET _ cy z J� .r 00 O 3 a� `o a R z , St ao �a �< 6 ;HT-OF-WAY IN FAVOR OF ELECTRIC CORPORATION LOCATION MAP SCALE 1 "=400' SL4ND W ION, INC. GE 278 U 5tf SF U Zw z z w Q Y Z b g < u- z of NOTES _ _ _ v C) z 1r 1.) OWNER: FISHERS ISLAND CIVIC ASSOCIATION, INC. FISHERS ISLAND, NY j w O L N 06390 In a W z (/) > � 2.) SITE IS LOCATED IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, TAX = ¢ w MAP 1000, SECTION 009, BLOCK 2, LOT 6.2 AND LOT 8. (/) Q ¢ N 3.) TOTAL AREA = 23,455± SF U z w 5.) SITE IS LOCATED WITHIN ZONE R-40, 0 6.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC U SURVEY TRIANGULATION STATION "PROS". O F N`tV r to G�QV�O H, sf�o0 z o Z t 0 � 1 w o > w CE w a 0 z z m LEGEND o o M N/F NOW OR FORMERLY o o 0 0 SF SOUAF FEET0 o w a = o a MH MANHOLE m o o U U WG WATER GATE 40 20 0 4.0 DATE: 12/21/2001 c \ N 2543.98 \ NIF \ W 1852.41 JILL ELIZABETH \ (NOT FOUND)ROGAN EASE1 � � • FISHE r S66'29'40"E 551'04 40-W 6S g5 NIF 30.95' o CmC \ IRON PIPE 98 } LIBEf FOUND AREA Y EDGE OF LAWN NIF W/NDHAM RESOURCES, LLC jI d 1 � W 2LAWN AREA—1 o u\ POLE I BITUMINOUS #372 \ DRIVE S37-43'20"E 142.16' FORMER LOT LINE 50' m N z (� m En ZJ N/F FISHERS ISLAND U77UTY COMPANY. INC. Im WINDHAM RESOURCES, LLC TO FISHERS ISLAND CIVIC ASSOCATION, INC. C4 n m I O LIBER 12145 PAGE 950 m "1 AREA = f0890t SF POLE A �~ A , #371 > n a n -c� IRON PIN FOUN v £z m Z c N3T43 20 VV 144.99 WG ORIENTAL AVENUE MH ORIENTAL AVENUE £ MH ONE WAY (TWO WAY TRAFFIC) 0 W 10" WATER EXISTING CATCHw —W w w _ BASIN TYPE "CL" O }POLE h #127 — }POLE STREET LINE #128 EXISTING 3 UTILITY OFFICE N 2417.82 & POST OFFICE Z 2 w W 2003.32 o MON (FOUND) ELEVATION 35.06 - m"r- 'r$`„ a ".x,1II I 'y k''° . ' p �y( ' 1 a' -'r seer - 'p 1jVR; =La ,�' — �§y� A 'Edt�„1 Y I Y pg�," ��.., ,W g �I E. 1 I;,� L h , .ryl , aM• PyI " ..� u"Y :�. . . .. N:a !u ::4, �' f.i',1' � yyn{'r ., „ _,.. '4' ..! 3. ,�- A r, 1 3 Ir ; l 1�r'4".' ,.d_ Irt urn r. .% I I n .-i ,n ',� .I•F.. t - g i „ I e a .r�. 'vp;i, - ' E. w � Y. .'.t. , 'r ', k$q . , [.y�., ., . ,1 .h., i, ,.. - ...,aE P✓.va ,- 14 , - ."�". _ . ..1 , - 4. - - E -d , - .a.. kr F� N�F ROGPN � rv;I E�-1ZP� N a>g t �y, rzi S66'29'40"E 551.OA'40 k f l 30.95' 1000-9-2-8 FISHERS ISLAND CIVIC ASSOCIATION I erre (FNo.) AREA = 12,565± SF J U � RI L py, x PJ S 9 I 4 r} I �M! ^�• l EXISTING RESIDENCE W.G. LAWN N/F aREA I \ o�y �T2ryr POLE WINDHAM RESOURCES, LLC �� #37z 1 A LOCATION MAP SCALE: 1 " = 400' BIT. DRIVE I I I N5T38'00'E 10.00' � 53T43'204E 219.38' S37*43'10"E 142.18' •��'R S37'43'20"E 10,00' 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE i I y 50 I INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE Y 1 I f� 4 PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR 1000-9 ""-26.2 I EXCEEDS THE SCOPE OF THE ENGAGEMENT. 5' 1000-9-2-6, 1 AREA = 10 890± SF n I { ~ r f Q UNLESSSACTINGIUTNDER THE HDIRECTION OF AA 40ICENSED LAND SURVEYOR, z WINDHAM RESOURCES, LLC n > FT1 I TO ALTER AN ITEM IN ANY WAY. FISND ISLAND UTJ U.6ITY COMPANY, INC. n . RS rn . , --�siGRrb RE -AN-FiRI.;N,1AL-EttH4SaE4-OR.1NK.-SERI - _ - w � 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S ARE THE i AREA 17,290± SF -TO I` HEALTH PROJECT, INC. 216/78 o Z o w FISH R ISLAND UTILITY COMPANY, , INC.INC. m PRODUCT OF THE LAND SURVEYOR. I LIBER 8394 PAGE 37 sl 0 E. H. ANTHOINE 5/22/78 � POLE I `Z 4.) COORDINATE DISTANCES ARE MEASURED FROM LLS COAST AND ILI � N371 Df { I z GEODETIC SURVEY TRIANGULATION STATION "PROS" r" LIBER 8437 PAGE 400 m I = I EXISTING z I rn 10 SITE C IN THE TOWN 2. OTSSOUTHOLD, COUNTY OF SUFFOLK TAX MAP 44" MAPLE 1000, SECTION 9, BLOCK 2, LOTS 6.y & 8. I Q 44EXI TINGW--Z„ FT1 6.) TOTAL AREA = 23,455 S.F.3. -Inl \\ 7,) SITE IS LOCATEDIN R-40 ZONE'. N3T43'21"W 144.991 8. APPLICANT. ISLAND HEALTH PROJECT, INC / 6 N3T43'20"W238.37' — — — — _ T IR \ ) 6TaF FISHERS ISLAND, NEW YORK 06390 MONUMENT (BURIED) � c 4' N2719.47—' W2236.65 �I 9.) SITE IS SERVICED BY MUNICIPAL WATER AND ON SI'(E SEWAGE t„ DISPOSAL SYSTEM. txlr } WATERS N 2417.82 )RIENTAL AVENUE EXISTING © MANHOLE � ORIENTAL AVENUE GATE MANHOLE MONUMENT (FOUND) 10.) BASE FOR LEVELS' NGVD 1929, -,,,•; SENC AR --$ — -' ONE' — — — — — — — — — — (TWO WAY TRAFFIC) — — — — — EIEVAMO 1o�wnreR NN 35.06 EXISTING CATCH BASIN TYPE "CC -. ' '•r,, OLE r'�---- CONCRETE WALK #128_ T P128 EXISTING PROPERTY UNE PROPOSEDLOT TLINE CHANGELlj PR 3 X12 ISLAND HEALTH PROJECT, INC. EXISTING W • UTILITY OFFICELj p& Posy OFFICE a °I FISHERS ISLAND CIVIC afl� __ ar`°� D � ASSOCIATION , 9d GRAPHIC SCALE IN FEET ORIENTAL AVENUE & CRESCENT AVENUE FISHERS ISLAND, NEW YORK PROAIaCPTI LOT AREAS 1 � t TAX LOT R- FER -K EXISTING AREA IPR6POSED AREA REMSIONS I, �`� CHANDLER. PALMER 44 KING DATE DESCRIPTION 1000-9-2-6 21 10,8901 S.FJ,�Q Architecture, Engineering and Surveying- , � � -� Ir23,45.53 S.F, no eeg+aeM nanwc% m eOlo eq-w-Am/Ip 4n-Ne-7wi lam r ,5653 S.F 0�0 N F NOW OR FORMERLY � 8 i 2 f I S.F. SQUARE FEET HEREBY CERTIFY THAT THIS MAP WAS MADE FRO ACTUAL SURVEYS I I OMPLETED FEBRUARY 1, 2001 AND MONUMENTS ARE SET AS SHOWIJ DECLARATIONS OF COVENANTS AND RESTRICTIONS AFFECTING THE DATE: FE13RIhARY 23, 2001 OTS IN THE SUBDIVISION HAS BEEN FILED IN THE OFFICE OF THE I SUFFOLK COUNTY CLERK IN LIBER --_____ PAGE 20 2001 SHEET 1 aL FUM —7 „ SCALE. 1 r' y � I, I ISLAND HEALTH_LINE_CHANGE.DWG/JJM '"�y" d _ _ P►�nnina�cr� --- --