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Road Issue To A Head

At the heart of the town’s argument is a 102 year-old law requiring the City of New York to "repair and forever maintain" highways and bridges planned to replace the ones that would be destroyed during the construction of the Ashokan Reservoir. The City counters that Olive is only entitled to a substitute road providing "practicable access from the north side of the Ashokan Reservoir and to the east." They contend that a winding section of Route 28A below and to the south of Monument Road provides that service and is scheduled for reconstruction to improve access."
Scattered around these basic points are a number of tangible and intangible elements which drive the points of the contest. Among intangibles spoken of on the town’s side is the special meaning conveyed by the convenience, position and view afforded to residents by the road while, on the City’s side, there is the "ghost in the closet," as Seligman terms it, of a terrorist threat to the buried dam it crosses.
According to New York City’s Department of Environmental Protection, in charge of overseeing the reservoir, the road was closed "forever" in March of 2003 in accord with a recommendation within an Army Corps of Engineers report entitled "New York Water System Physical Security and Risk Assessment." Requests by town officials to view the recommendation, if not the confidential report itself, have been denied but it is said to conclude that the reservoir was "vulnerable to a terrorist attack from Monument Road via a truck or car" and that "a relatively small amount of explosives" could cause "severe structural damage."
One area of discussion at a May 16 meeting with the city, according to Seligman, who is petitioning to open the road to local residents with a vehicle pass, was the passage of emergency vehicles. In a motion she filed in August, Seligman noted that the road closure "has had a devastating effect upon the residents of the Town in that not only has it increased traveling time for the average resident and school-bus riders...it has also increased response time for ambulances from Shokan and advanced life support services coming from Kingston and has placed the safety of all residents at risk; including children, residents of the two senior citizen complexes, as well as numerous Life Line Patients for whom every minute is critical in a medical emergency."
In a May 22 letter to Olive Supervisor Brendt Leifeld, DEP Deputy Commissioner Paul V. Rush mentioned that "in response to the Town’s concerns, DEP will also consider the possibility of limited and temporary opening of Monument Road, for instance during peak commuting and school transportation hours, when Route 28A is partially closed during the bridge construction" at the Railroad Overpass. Mention is also made of possible expansion of emergency access for volunteer first responders but, as Olive councilman Bruce LaMonda points out, the then DEP Police Chief Ed Welch decided that "only fire trucks and ambulances could go through but volunteers who man them would have to go around that crazy detour that they’ve never fixed. So you could get a fire truck to the scene early but you don’t have any manpower there."
Seligman questions how that would work, since the stations at both ends of the road seem to be usually unattended. Referring to the spurt of building and engineering at the site during the summer, she said that they now had all of the accouterments set up to use a pass system but wonders what you would do in an emergency situation. Call ahead for someone to come and open the gate?
When reached, Corporation Counsel for the DEP Haley Stein said she was not authorized to speak about the case and referred questions to the DEP press office where Connie Pankratz was not at that time prepared to address specific questions such as the above but promised an e-mailed response.
Stressing that the idea of closing the road to "save the dam" is a fallacious argument since there were more likely ways to attack it than a car bomb, Seligman said that whether there was a threat or not, she didn’t believe that all of the preparations at the site have measurably improved its security.
"We haven’t had too much success with their promises," said LaMonda referring to the DEP. "We haven’t met with their new police chief yet and maybe there’s a chance of improvement in what’s going on but, as far as co-operation between the two (DEP and town) police departments, it’s excellent. They help us whenever they can and, obviously, we help their efforts whenever possible. But the ‘Lemon Squeeze’ (dam) issue is administrative and we’re not thrilled about it. They’ve spent a lot of money to accomplish very little. Will they ever straighten out the (s-curves in) the detour or is that another futile promise that’ll never happen?"


 

Help Is On Its Way

The CWC maintains a Tax Consulting Fund to help Watershed towns, counties and villages hire attorneys and assessment experts to address challenges brought by the City’s Corporate Counsel office. The Fund was originally capitalized at $3 million by New York City under terms of the 1997 NYC Watershed Memorandum of Agreement. However, most of that money has been depleted as a result of the ongoing lawsuits… especially against the Ulster County town of Olive, which is currently in another such battle that will not only effect its future, but that of all taxpayers in the Onteora School District.
Noting that the City filed suits against 11 Watershed municipalities in 2007, claiming their properties were over-assessed, the CWC resolution states, “Each of the 11 was also sued by New York City on identical claims in prior years, with many sued by the City each and every year since 1997. . . The magnitude of the real property taxes at issue in these proceedings, as well as the burdens of continued litigation, is a source of concern and cause of fiscal uncertainty to the detriment of all parties involved.”
Continued the resolution, “In spite of the significant expenditure of funds by all parties to the proceedings, no court decision has definitively established valuation methodology and the disputes remain unresolved.”
The resolution was adopted unanimously by the 11 Watershed town representatives on the Board present at the meeting. New York City, New York State and environmental representatives on the Board are ineligible to vote on matters involving the Tax Consulting Fund.
In other matters at the CWC’s recent meeting, the corporation approved an operating and program budget totaling $56.7 million for 2008. The spending plan includes administrative expenses for the non-profit local development corporation, as well as the cost of running 12 environmental protection, economic development and education programs during the coming year.
The CWC was created in 1997 to help protect water quality and assist communities in the New York City Watershed west of the Hudson River. Its 16-person staff runs a variety of programs, ranging from the replacement of failed residential septic systems, to the Catskill Fund for the Future which provides low-interest loans to businesses in Watershed Towns.
At its November meeting, the CWC Board also approved a new, $37.2 million contract with New York City to continue and expand the Community Wastewater Management Program over the next five years. This program, which began in 2002, has provided wastewater treatment solutions for the hamlets of Bovina Center and DeLancey, with projects underway in Hamden, Bloomville and Boiceville. The new contract will assure completion of a wastewater handling system in Ashland, as well as projects in South Kortright, Lexington and Trout Creek should those hamlets choose to participate.
Another CWC program – Local Consultation for Land Acquisition – provides funds for municipalities incurring expenses in reviewing and commenting on New York City land acquisition proposals within their jurisdictions. A resolution adopted on Nov. 27 approved of the addition of $300,000 to the fund pursuant to a mandate in the 2007 Filtration Avoidance Determination, and increasing the amount available to each municipality from $20,000 to $30,000.
In other business, the Board okayed loans to Nicholas Kop and Kristina Janson, or NJK, Inc, seeking to purchase and renovate the Gateway Lodge in Highmount, and to a Roxbury excavating company to erect a new shop and office.
For more information on the CWC and its programs, go to www.cwconline.org, or call 845-586-1400 (toll-free 877-928-7433).


Master Planning The Plans

Advisory Solutions was chosen over two other consultant firms interviewed. Out of seven board members, only Maxanne Resnick and Herb Rosenfeld voted against it, although Trustee Michelle Friedel was skeptical.
“If we don’t pass a bond,” said Ford, “we are still in declining enrollment, we will still have choices of where we want our children… The bond vote will not be for a five-eight model, it will be for a building.”
Ford added that in such a situation, academic electives would get dropped if the board keeps a seven/eight middle school based on the declining population of students.
In the meantime, KSQ architects will continue to work with the architectural plans and the bond process.
In other news, William Hannon was terminated from his position of Athletic Director after only four months at his job.
“It’s a very difficult position to give someone who lives outside the district, who only works part time,” said Ford. “The expectations are very high, there are a lot of hours, he was a young teacher, he gave it his best effort, but it wasn’t a good match, it wasn’t a good fit,”
The board unanimously approved as interim Joseph DiGiovanni, a retired teacher and past athletic director who will take on the job at $400 a day until permanently filled. DiGiovanni will also act as Dean of Students grades 9-through-12, taking on the responsibility of disciplinary officer during his tenure.
Ford added that because of changes required by State mandates, she is also introducing a new administrative position to combine the Athletic Director and health coordinator roles. Ford would like the board to approve the new position by next school board meeting on December 18 so they can begin the hiring process.
Current Health Coordinator Robin Sears plans to retire the end of the school year.
A four page list of responsibilities include the coordination of Kindergarten-through-twelve physical education, extra curricular sport, health programs, high school discipline, budgets, recruits coaches and staff, and the administrative paper work that goes along with it. Ford is looking at a pay scale around $85,000, which she said is in the medium pay range. School board trustee Rita Vanacore asked if they could look for someone outside of the district. Ford replied, “The process is first we look for an internal candidate and we have one very qualified internal candidate.”
After some discussion of the interim pay adding up to $14,000, or more, Vanacore noted how the athletic department “is very chaotic, there is no leadership at all and I feel this particular interim we are bringing in is strong enough to stand up to that and try to pull it together.”
School board president Mary Jane Bernholz replied that, “Even when we hired Bill Hannon, we knew he was inexperienced.”
Hannon had been hired part time at $11,848 for the school year.
Further discussion centered on hiring Advirosy Solutions for a report on how the district’s Central Administration can become more efficient. The matter was tabled.
Finally, it was announced that the school board has approved Jennifer O’Connor of Roxbury as the new Assistant Principal at the High School. She will be starting on January 10, 2008. She has her Masters of Arts from the Leadership Academy at Massachusetts College of Liberal Arts, Master of Arts in English, Cum Laude from the State University of New York in Albany, Bachelor of Arts in English, cum Laude at Saint Bonaventure University in Olean New York and studied English Literature at Ealing College in London.


Scoping Time... Again

Word started leaking last week but official word came out from the New York State Department of Environmental Conservation (DEC) on Tuesday, November 27 that it will be holding two meetings in early December to “provide information and receive comments” about “developments proposed for properties around and including the Belleayre Mountain Ski Center in the Catskill Mountain region.” To be specific, the announced meetings are for 1. A public information session, set to include discussion of growth plans for the ski center itself, as well as the multi-hotel and condo-heavy ski and golf resort proposed by Gitter and given a provisional go-ahead by Governor Eliot Spitzer in September, set to take place at the Belleayre Mountain Ski Center’s Discovery Lodge on Monday, December 10, from 6 to 9 PM; and 2. A meeting designed to receive comments about the scope of the environmental review to be conducted on the joint projects the following day, Tuesday, Dec. 11 from 6 to 10 p.m., at the same Belleayre location. The DEC has added that it will welcome written comments on the scope of the upcoming SEQRA review, through January 8. The proposal to be reviewed, according to a DEC press release on the matter, includes a private development (the proposed construction and operation of the Wildacres Resort and Highmount Spa Resort complex by Crossroads Ventures LLC) and related proposals by DEC that include the expansion of Belleayre Mountain Ski Center, including “ski-in, ski-out” access to Gitter’s Highmount Spa Resort; the acquisition of a parcel known as the Big Indian Plateau (1,200 acres); and the acquisition of the former Highmount Ski Center (78 acres) and an easement (21 acres) on the Highmount Spa property. Also up for a first view on December 10 will be the DEC’s plans for its own growth, which has yet to be released in an official Unit Management Plan that needs to be released according to similar scoping guidelines before the resort SEIS can begin to be reviewed. Included in that plan should be plans for the concurrent creation of a new 1500 seat performance shed for the Belleayre Music Festival, to be located within walking distance of the ski resort (see News Briefs inside). The cost of the state acquisitions total $14 million, according to the agreement in principal announced by Spitzer in September, and have raised hackles among competing ski resorts in the state at the amount being paid by the DEC to shore up its own holdings in competition with the private sector. Those resorts, which have been rumored to be discussing funding help for organizations fighting the new resort proposal, are expected to be present at the upcoming meetings, as well as in all future dealings regarding the combined review. And although a total of six national and state environmental organizations publicly signed on to the Spitzer agreement when it was announced, thus ending their high-powered opposition to Gitter’s development (as well a longstanding SEQRA review process that had become bogged down in legal adjudication for the past two years), remaining regional and local opposition groups have joined together with the Sierra Club, America’s largest environmental organization, to continue fighting the standing proposal as it currently exists. Those organizations, working under the consortium Save The Mountain, were quick to spread news of the coming Belleayre meetings via e-mails and phone calls over the recent Thanksgiving weekend, as well as at their ongoing series of film screenings and discussion events being held around the area. As of press time, the possibility that next week’s informational hearing would be a major event was noteworthy in a variety of local events, from the Town of Shandaken Code Enforcement Officer’s request that a Save The Mountain sign be taken down from lands belonging to former town councilwoman Edna Hoyt across from Gitter’s Emerson Resort, to a press release from the Catskill Heritage Association noting its decision to fund an upcoming Arkville holiday celebration in Delaware County after the developer’s Crossroads Foundation purportedly nixed its own grant for the occasion based on one of its sponsors having also sponsored a screening of an anti-ski-resort documentary, “Resorting to Madness,” and discussion session in recent weeks. Further such screenings and discussions are scheduled for the evening of Thursday, December 6 at Claude’s Restaurant in Phoenicia and Saturday, December 8 at the Saugerties Senior Center. In an official “Notice of Intent to Prepare a Draft EIS Determination of Significance” filed November 21, the day before Thanksgiving, DEC Environmental Analyst Daniel T. Whitehead notes that although the revised project proposal was shaped by Spitzer, the New York City Department of Environmental Protection and approving environmental organizations to reduce the environmental threats posed by the previous proposal, it still presents a number of potentially significant impacts including the city reservoir system’s water quality, aesthetics, water supply, noise, transportation and the region’s, and local towns of Shandaken’s and Middletown’s “community character.” “While the current integrated project proposals represent an attempt to create a lower impact overall project as compared to Crossroads’ original proposal, it may still have significant adverse impacts,” wrote Whitehead in his determination. “In addition, as a consequence of the modified project plan for the proposed Crossroads development in relation to the expansion of the Belleayre Mountain Ski Center, significant cumulative adverse impacts on some resources are also possible.” Eric Goldstein of the Natural Resources Defense Council, one of the environmental groups that ended up signing on to Spitzer’s agreement in September, said this week that he and other former watchdog opponents of the resort proposal would be on hand next week, and throughout the upcoming process, to ensure that all proceeds according to state environmental regulations, and making comments about the areas where they feel more emphasis needs to be made. “We’re very happy that both developments will be reviewed alongside each other,” Goldstein noted. But asked whether he expected anyone to question the state’s economic propriety making large investments in skiing at a time when it has also pledged to fight Climate Change – as noted in reports that suggest local winters will be substantially compromised within the next quarter century, the NRDC attorney said such matters, “didn’t even arise in any of our negotiations about these matters.” To counter the effects of the joint Save The Mountain/Sierra Club opposition, a number of key Gitter supporters, mostly in the Delaware County community of Margaretville – and including a number of key advocates for the state-owned ski resort itself – have formed a new organization, Partners for Progress, to show support for the project at upcoming meetings. According to their own e-mail alerts, they seemed to have gotten news of the coming meetings before any others. Paul Rakov, vice president and spokesman for Gitter and his Crossroads Ventures development company, refused comment on the upcoming informational meeting and scoping session this week except to refer all inquiries to the state DEC press office, which then referred to the published press materials. The scoping session is the part of the review process in which the public and involved parties outline environmental issues that need to be reviewed, possibly resulting in an issues conference should new matters arise that appear unsolvable via a straight review process. For more information on the permit application, go to http://www.dec.ny.gov/enb/20071121_not3.html or http://www.dec.ny.gov/permits/6061.html . Written comments on the proposed scope for the environmental impact statement may be sent via mail to Daniel Whitehead, NYS DEC, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750. Or comments mail be e-mailed to wildacre@gw.dec.state.ny.us - be sure to write “Scoping” in the subject line.









A Jar Of Olives

‘Tis The Season

Alison Tosi and cousin Patty Parete began their shopping quest at Black Friday Eve at midnight at Woodbury Commons. Traffic was backed up on the Thruway for an hour with eager buyers ready to out-race and out-bargain-shop each other. There is nothing out there that could get me to shop at midnight or four in the morning. In fact, I am still tying to mentally match a gift to a person. There’s time for me to shop at non-peak times now that I am retired.
Actually, I began to shop at the Library Craft Fair this past weekend. It’s a place where you can shop, visit and have coffee or lunch with friends like Bev Stein, Margie Jones, Carmen Ajce, Jack Molloy and Ann Leifeld. Going to the Olive Library Craft Fair has been a thirty-year tradition with my friend Judie Rank. I missed her this year, and felt guilty as I carried on our annual shopping trip while she is still at Kingston Hospital having dialysis and recouping from renal failure.
This Friday, December 7, there will be a Tree Lighting Ceremony at the Town Meeting Hall at 7:00 p.m. The little shrub has grown up to be a fine, respectable tree requiring more lights this year. Santa and his elf, Linda Burkhardt will be there to give out candy canes. Children can decorate cookies and make an ornament to take home. The best part is being able to huddle and sing and listen to stories. The Sorbellini’s and younger Leifeld’s are coordinators of this annual event.
A number of people have responded to my idea to donate to charity and send out our greetings via this column. Sheila Drouet and Rosie Burgher were the first ones to respond. E-mail me at clamonda@hvc.rr.com if you want to have your name published as a holiday contributor. You make the donation to your charity, and the paper will acknowledge it and send your greetings.
It’s a good time to think of others. After all, that is the message of the season. You can help Patty D’Errico, who is in need of funds to support the expensive drug Interferon that is helping her to cope with Hepatitis C and complications, by going to the breakfast fundraiser. It will be held on Saturday, December 15 at the Olivebridge Fire House from 8:00 a.m. to noon. The cost is $8.00 for adults and $4.00 for children twelve and under. Tommy D’Errico will serve his famous French toast and pancakes with real maple syrup, bacon, home fries, coffee, tea and juice. There will be a raffle for a door prize worth $300. The winner will have dinner for two at the Phoenix Restaurant and a spa treatment at the Emerson Spa and Resort. If you can’t join us for breakfast, donations can be made to Patty’s Fund and sent directly to the Wilber National Bank, PO Box 369, Boiceville, New York, 12412.
It is a season to think of others and share what we have. There are three dogs at the Olive Dog Kennel who are hoping Santa will find them good homes. Glory is an older (9), sweet and gentle female lab. Sugar is a big lover who was probably named “Sugar” because of the color of Brown Sugar and her sweet disposition. Oliver is a four-year old male lab who was found wandering around Olivebridge. Wouldn’t a nice home be a wonderful gift for these dogs? It would be a reciprocal gift too. A dog repays you every day with unconditional love and tail wags. The added benefit, in this time of expensive gas and oil, is that their body heat is four degrees higher than that of a human. They are natural “hot-water bottles” if you snuggle up to them. Call Bev Stein to go see these potential pets.
Our chocolate lab Diva watches television. She loves the public access station that advertises the dogs in the Shandaken Pound. She looks and barks and fawns over one particularly handsome dog. I keep telling her it is only “Puppy Love!”
“Tis time to gear up for this season of love and light. Just don’t get lost in all that tinsel and wrapping paper. Sans lights, sans malls, sans hype is the essence of loving each other and saying so. Happy Holidays!