Pursue criminal action in Putnam

(Original publication: April 03, 2002)

Sometimes, $9.25 million doesn't quite cut it.

Billionaire William Ziff Jr., a renowned conservationist and one of the world's most successful publishers, last month paid Putnam County that much money in a combination legal settlement and "gift" to avoid civil litigation over the alleged theft of rocks and other environmental destruction at an obscure but public park in Patterson that borders Dutchess County, in order to beautify neighbor Ziff's private property. The county had estimated that the destruction in 1998 and 1999 to the inaccessible 592-acre Walter G. Merritt Conservation Area did an estimated $6 million to $10 million in damage.

Through some sort of "misunderstanding,'' rocks were removed, trees cut down and roads constructed, all to improve the nearby, expanding property of the privacy-loving Ziff family. Over the years, the Ziffs have been working on a one-of-a-kind, 180-acre arboretum on their $19 million estate that sprawls over much of Pawling's prestigious Quaker Hill, staff writer Cara Matthews reported.

As county Legislator Sam Oliverio, D-Putnam Valley asked: "You destroy a natural setting to make an artificial one? Where is the sense in that?''

The family has amassed more than 1,300 acres of land in Pawling over the years. In 1998, Putnam County received a request from the Ziff family to take rocks from Merritt park. While that request was under consideration, rocks were removed, trees felled and roads put up in the Patterson park.

In January 1999, a family member apologized in a letter, then offered the county $15,000. Officials contended that the rocks were taken without permission.

Flash-forward to March 2002, when the settlement — $1 million — and the gift — $8.25 million from Ziff's sons, Dirk, Robert and Daniel — was announced. The family admitted no wrongdoing in the payoff.

"They were embarrassed by the mistake,'' a family spokesman said, "and they moved quickly to correct the situation.''

We're not sure what is meant by "quickly. Nor are we sure that recommendations by County Executive Robert Bondi for the money's use — health-care initiatives, forming a county parks department and, oh yes, restoring Merritt park — is fully appropriate.

We are sure that the story must not end there. Putnam District Attorney Kevin Wright, when pressed by a reporter recently, said future criminal charges were still possible. "The county's counsel was specifically advised that the district attorney's office in no way signed off on or agreed to close its investigation," Wright told a reporter, then declined to comment further.

Meanwhile, many local residents are steamed at the "mess'' at Merritt Park. "To me, it just seems like a slap in the face to the people who make up the community,'' Peter Riebold of Patterson said.

And we agree with Legislator Tony Hay, R-Southeast, who said justice would include making the Ziffs return the rocks. Hay called the $9.25 million "just like Monopoly money, and just like the game, it has a get-out-of-jail free card.''

But this isn't the game. This is a matter of law, in a nation of laws. Gifts or not.