Edward Hindin, volunteer manager of the Comprehensive Plan Update, has submitted his resignation following a testy meeting of the volunteer planning committee, and Supervisor Gerry Siller says he sees Shelter Island at a “dangerous crossroads.”
Hindin also resigned his position with the Town Planning Board and as one of three members of the Comprehensive Plan Task Force, which has coordinated the planning efforts (Councilmen Mike Bebon and Albert Dickson are the other two members).
In announcing Hindin’s resignation at a Town Board work session, Siller also rejected requests from Robert Kohn, a newly-appointed member of the Community Housing Board, for Siller’s resignation and that of Town Councilman Bebon in a separate matter relating to Bebon’s continued service on the housing board in contravention of rules (see details below).
“It seems like there’s an organized effort to change the way Shelter Island is run,” Siller said. “We’re getting to see committee members trying to assert themselves more and more, and the easiest thing to say is, if you want to be a Town Board member, run for the Town Board.”
Siller cited responses to an online questionnaire circulated by the 12-member volunteer Comprehensive Plan Advisory Committee (CPAC) last winter that asked people to rank local issues of most importance to them personally.
A majority of respondents, Siller said, put bike paths and cosmetic improvements to Route 114 “at the top of the list.” Issues of long-standing local concern, such as affordable housing and jobs, ended up with less support in the SurveyMonkey poll, Siller noted.
[Editor’s note: The survey did NOT ask residents to rank the importance of the listed items — say that one thing was more important than another; instead, it asked them to rate the importance of each to them and their families.]
“When housing and local economy are at the bottom of the list, and bike paths and the 114 corridor are at the top of the list, maybe we’re kidding ourselves, maybe it is time for a gated community on Shelter Island,” Siller said.
“I hope that’s not the case. And we’re trying very hard to get more local involvement, to get a more even-handed response to this problem, but unless we get community involvement, it’s not going to happen.”
“I think there’s a need for a lot more involvement by the local community in the Comprehensive Plan because we’re at a very dangerous crossroads right now,” Siller said. With real estate values soaring, many residents, his own family included, couldn’t afford to move to Shelter Island today, he said.
“If we want the diverse community that we have — that we all say we came here for, that we want to be a part of — we’re going to have to work very hard to maintain it,” Siller said. “And that means getting involved and speaking up.”
Contentious CPAC meeting
Hindin’s announcement came after a contentious CPAC meeting Monday night. The committee, meeting monthly since November, has been working with the task force and hired consultants to develop a planning recommendation to present to the Town Board due at the end of the year.
A large portion of Monday’s meeting was taken up by debates about Hindin’s roles in the committee’s work.
Committee member Kathleen DeRose objected to Hindin’s handling of certain facets of the work, including the public posting of a draft “Vision Statement” on the Town website without the express consent of the committee members. She also objected to Hindin presiding at the meetings, claiming that he had no standing to do so under the Town’s rules governing the management of committees.
Under municipal law, only the elected entity — the Town Board — has legislative power. The Town Board created a task force of two of its own members plus Hindin representing the Planning Board to develop and propose the comprehensive plan update. CPAC, as the name indicates, is an advisory committee created by the Town Board to assist the task force by providing citizen input.
As the designated project manager, Hindin continued to preside over Monday’s meeting, although DeRose frequently interrupted him or spoke before being called upon to do so. Later, another long debate ensued over how to guard against what DeRose described as efforts by un-named individuals or entities in the planning process to “gain financially.”
DeRose suggested that CPAC adopt “best practices” — she did not provide a list of them for public review — in order to block “opportunistic efforts by private interests” to “engineer financial gain by those participating in the process.” DeRose did not specify who might be in a position to gain financially, even when asked to do by CPAC member Sean Clark.
“Who exactly are you concerned about on the committee that’s going to gain financially or otherwise,” Clark asked.
“That’s not the point,” Derose responded. “The point is we need to protect ourselves from this possibility, which is already afoot.”
CPAC member John Kerr said that such a hold on action could suspend zoning and other land-use decisions by a year or more. “I don’t know if we can wait a year.”
Larsen, who serves on the Planning Board and in March announced her candidacy for Town Board, agreed. “I feel this a political move to block certain projects that are coming up and I do not agree that it is our job as a committee. We’re meant to look at the Island as a whole. Assess the needs of the Island. And I feel like you are trying to politicize our group and our committee and use it for your own purposes. I am resentful of that, and I don’t appreciate it.”
DeRose said that she thinks the “Town should simply enforce” the zoning code, providing no public account of how it has failed to do so. “Secondly, I don’t think that what’s politicized this process is this initiative or concern, I think you’re the one running for political office.”
Larsen shot back that DeRose has been “talking to the press and divulging private emails,” apparent references to recent coverage in the Shelter Island Reporter.
CPAC member Lily Hoffman, also without naming names, likened the situation to speculation in advance of a railroad coming to town and “people start buying up all the land and trying to make deals beforehand.”
At this point, Hindin interjected, “I think we’re going beyond our scope.”
The group ultimately voted to support a resolution to recommend that the Town Board “make no major land use and zoning changes until the Comprehensive Plan Committee makes its final report.”
Including other Islanders
Another debate erupted when the committee looked ahead to its future plans to review sections of its report with working groups that include other Islanders representing a broad cross-section of the community, including those with some expertise in various subject areas.
DeRose, who along with Jay Card and John Kerr is slated to review a section that includes zoning, expressed dissatisfaction with the process for selecting community members to join the review. Consultant Peter Flinker, who shared a draft outline of working group assignments and review schedules in the public Zoom screen share, said the working groups were designed “to make sure the people affected by the plan, that their interests are represented in these working groups.”
Involving more community members also “broadens support for the recommendations and provides a strong foundation for its implementation,” Flinker noted.
According to the document shown on the screen, among the names suggested for the working group that would look at zoning were several prominent Islanders including Richard Walsh, owner of the Island Boatyard; Kristian Clark, owner of White Oak Farm & Gardens; Michael Shatken, a founding partner in a Princeton architectural firm with significant experience designing housing solutions; Joanne Piccozzi, a businesswoman and former chair of the Zoning Board of Appeals; and representing young families, Jimbo Theinert, a teacher at the Shelter Island School, and his wife, Mary Larsen, and Tim Heaney, co-owner of Heaney Marine Contracting, and his wife, Alexis Sulahian. A current Shelter Island high school student would also be assigned.
The process as outlined also called for technical input from members of the Town Planning Board, Zoning Board, Capital Planning and Grants Committee, the Town Engineer, a member of the School Board and a representative of the Shelter Island Public Library.
DeRose complained that the Task Force and consultants had “hand-picked” the participants without in put from the CPAC.
“I just want to also compliment all of these folks and the potential for them volunteering, but I do think we should post this opportunity on the Town website to give everyone a chance and also to give everyone on the CPAC an actual chance to recommend people who might also have expertise in these areas,” DeRose said.
However, Meg Larsen said that the planners have been asking all along for recommendations from CPAC for potential participants in the working groups.
“I don’t see a need to extend it any longer,” Larsen said.
Lily Hoffman said she, too, would like more time to consider other possible contributors.
“I don’t think that what comes out of this can be better than who goes into it,” Hoffman said. “So I think it’s very important that we look at the lists of who is included and brainstorm about who should be added to this list.”
Hindin warned that solicitation of additional volunteers could significantly extend the timeline for the plan completion. Consultant Larissa Brown pointed out that the proposed working group review is just one of many layers of review for the plan. “This is just part of the process.”
“I hear you about the broad cross-section, but just looking at the zoning group, which I’m on, I’ve got boatyard, a business, a high school student, the architect who proposed building accessory buildings, a family, a former ZBA member, so I don’t really have a cross-section, nor do I have any real zoning experts,” DeRose said.
CPAC member Peter Beardsley suggested that committee members could provide additional names that might be added to the working groups, rather than overhauling the work already in place. To speed the process, DeRose agreed CPAC members could make recommendations via email, and have committee members weigh in on the selection process also via email. Hindin suggested a follow-up meeting in two weeks to finalize the working groups.
The CPAC also reviewed a proposed public workshop and heard from members of the public. To hear their comments, you can view the entire meeting on the Town website at https://townhallstreams.com/towns/shelter_island_ny. The public comments begin at 1:52.16.
Siller’s response
On Tuesday, Supervisor Siller informally responded to the CPAC recommendation that the Town Board impose a moratorium on zoning or land-use decisions.
While the actual recommendation to the Board had been toned down, DeRose had initially asked “that we get a clear timeline for land use recommendations and zoning updates, that we get the right to choose properly qualified zoning experts other than the CPAC consultant and the Town Attorney and hold them to best practices, that we get a detailed list of zoning variance requests and a detailed summary of all the work in progress zoning initiatives currently being overseen by the Town Board and the Town Attorney, and that zoning variances that conflict with the existing code and with the community’s top priority, which has already been identified by the survey and by the CPAC, should be halted immediately. “
“In other words, until the recommendation group makes their official plans known to the Town Board, the Town Board shouldn’t do anything,” Siller said. “I think it’s absurd that the Town Board should even consider that.”
No formal action was taken by the Town Board on the matter, as the meeting agenda was suspended.
Regarding “insinuations” about “ulterior motives and there might be financial gains for some of them,” Siller said, “I still haven’t figured out what the possible financial gains for serving on a comprehensive plan committee are, but just the fact that people would say that doesn’t make sense.”
Clearly frustrated, Siller wondered aloud, “I don’t know if we’ve empowered people, or if people are empowering themselves or what’s going on. But, very similarly, after the last housing board meeting, we had a young woman attend who was interested in being part of it. And someone else who was interested in getting involved, but they said as long as a specific member was involved, they would not get involved in that committee.”
“We’re losing the reason that we’re here,” he said. “We’re serving on these committees for the Town. It’s supposed to be for the good of the Town, not for individuals and ‘what’s good for me’. I really don’t know where to go with this.”
“We’re very close to a crisis stage right now,” he said. “It’s very frustrating.”
Siller called on critics of his administration to speak plainly.
“Say what it is you want. Don’t come up with these excuses about down-zoning for workforce housing and water quality issues that we have the means to address. Just say it, if you don’t want it. Say, ‘let the workers come over at nine o’clock and go home at five o’clock,’ if that’s what you’re looking for. Just be honest.”
Board members react
Deputy Supervisor Amber Brach-Williams was not in attendance. But Councilman Jim Colligan said he was stunned by the news of Hindin’s resignation, which he described as “a huge, huge loss.”
“The man came into it with all the right reasons,” he said. “Again, I don’t know if the pandemic has brought this on people where they’re immediately calling for resignations and abuse of power and all this other kind of stuff.”
Colligan said that when seven or eight candidates were vying for the Town Board and Supervisor seats in the years before the pandemic, there were two things that all were solidly behind. “It was water issues and community housing.”
He worries that support for the Island’s diversity is eroding, and noted that other East End towns have done the hard work of providing affordable housing and attracting jobs.
“We’ve already lost dozens and dozens of young families either because they couldn’t secure jobs or they couldn’t secure housing. Those are two very big things that need to be addressed.”
Colligan also expressed regret that Hindin’s spirit of volunteerism did not get the appreciation it deserved, but was instead subjected to “abuse.” “He didn’t sign up for that.”
“All five of us were blown away by the commitment that this man made right up until yesterday,” Colligan said. “He’s too much of a professional and too much of a gentleman to put up with that nonsense.”
Councilman Dickson, who served beside Hindin on the Task Force that is charged with managing the plan update, said, “It’s a sad day for Shelter Island.”
“I can’t overestimate losing Edward and what he brought to the table; his expertise, his energy, his drive to lead the charge for one with the people,” Dickson said, noting Hindin was particularly concerned that all voices be heard. “Very concerned, very concerned, always reiterated it that he wanted all segments of the community represented. He wanted input from everyone.”
“It’s simply a damned shame,” Dickson said. “That we lose him when we’re right in the midst of formulating a good plan, something that could be workable for the Island.”
Councilman Bebon said he’d called Hindin after the Monday meeting to say that “never in 41 years had I seen a more professionally run meeting under adverse conditions.”
Bebon said he’d spoken again with Hindin, by coincidence moments after he submitted his resignation letter. “He’s not resigning because of the behavior of people. He’s resigning because he believes we will not be able to produce a Comprehensive Plan Update for all the reasons, Gerry, that you discussed.”
Bebon, known to take on enormous tasks, praised Hindin for his work ethic. “Ed would just work me into the ground. He is just the most consummate professional in any endeavor, and he happened to be a professional planner, which was an incredible asset to this Town, given what we wanted to do. His loss is tragic.”
“If there are other people out there who would be considering stepping up to the Town in that role, now they’ll give it a second thought,” Bebon said. “As Albert said, it’s a sad day for Shelter Island.”
Town officials serving on committees
Early in the suspended Town Board work session, the Supervisor also addressed concerns raised by Robert Kohn, who recently was appointed to the Community Housing Board, about the service on that board of Councilman Mike Bebon, in contravention of rules that prevent Town officials from serving on committees.
Kohn has called for Bebon’s resignation, Siller said, “As well as my own, for willfully violating Town Code.”
“At the time of his election, Councilman Bebon asked if he could remain on the committees he was serving on,” Siller said, reading from a prepared statement.
“The Town Board, understanding at the time that state law prohibits him from serving on the Planning Board and Zoning Board, and Town policy, not code, prevented Board members from serving or chairing committees. After public discussion in several work sessions, the Board felt it was important for both the continuity and further development of the Water Advisory Committee and Community Housing Board for Councilman Bebon to stay in involved.”
The housing board, however, has special requirements for membership that Siller said were “inadvertently overlooked.” Noting that Bebon has since stepped down, Siller said the primary functions of the CHB are, among others, to:
- Review all applications for a special community housing license
- Participate in the review and approval process for all applications
- Make recommendations to the Town Board relating to community housing eligibility requirements
- Establish and maintain a housing registry
Town Board members are not permitted to serve on the CHB as any comment such a member might make could be perceived as “asserting undue influence,” Siller said.
Siller said that the entire Town Board would have to resign to satisfy the concerns Kohn has raised because keeping Bebon on “was a Board decision.”
“With that said, I will take full responsibility for not understanding all the legalities involved in the situation,” Siller said. “I thought it was part of the committee process; I didn’t realize it was Town Code. I will take that responsibility. There is no legal rationale to compel resignation. In order to remove a public official, under New York Public Officers Law (section 36) requires an intentional disregard of official responsibilities, or misconduct, maladministration or malfeasance in office, as well as intentional wrongdoing, moral turpitude, or a violation of public trust.”
Instead, Siller argued, “This appears to be a technical violation of statutes by a person whose only intention was to better serve the Town. I do not see the Appellate Division sustaining any motion for removal and we will not entertain any calls for resignation.”
Hindin’s resignation letter
In his letter of resignation, Hindin said he would not remove the draft Vision Statement from the website, leaving that decision up to the Town Board.
[You can read our coverage of the draft vision statement here.]
“Effective immediately, I’m resigning my position as project manager for the Comprehensive Plan Update. Recent events have made it clear to me that there is not a viable path forward for completing the work we started. I participated with Albert in a meeting with the school system today because it had been long planned and wanted you to know about my decision before it was made public. Changing the meeting could’ve violated this principle.”
“I do not intend to attend any additional meetings. I will not do the normal follow-up CAC meeting and will not provide organization and direction for future meetings. Nor will I continue to be responsible for managing our consultants. I will ask our clerk to close my Town email account immediately, and that my name be removed from the Town website. I will not ask that the posted Vision Statement be removed from the website.”
Hindin said he would speak publicly about his decision or answer press inquiries.
“I appreciate the opportunity you provided to launch the plan update initiative. I will make myself available to you if you would like my advice about next steps in the planning development process, but only in a confidential setting. Lastly, do not plan to communicate with the CPAC, our consultants, or community organizations about my decision. I will leave that up to you. “
