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ASPCA
Comes To Town
The 18 dogs were removed and brought to the UCSPCA facility
in Kingston for evaluation and medical care, and then returned
to DeLisio following an April 15 court appearance before Olive
Town Justice Ron Wright.
DeLisio is currently scheduled to reappear before Judge Wright
in Olive Town Court on May 6.
The 18 dogs, which included adults and six puppies, were all
locked in a tiny room within a barn next to DeLisio’s
home where the floor was covered with several layers of feces,
urine and trash, according to Shapiro and his investigators,
along with a mattress with exposed springs.
“We had 18 dogs crammed into a very, very small room in
a barn, and there were situations that were unsafe. It was really
just a disaster waiting to happen,” said Shapiro of the
situation, as reported to him. “Animals have a right to
have space to move, they have a right to breathe clean air,
not fetid and foul air, and they have a right not to have to
live amongst garbage.”
He added that DeLisio was apparently breeding the dogs as part
of a for-profit venture. When they were removed to the SCPA
home on Wiedy Road in the Town of Ulster, a professional groomer
was brought in to begin clean the animals so they could be examined.
by a veterinarian
“She was going t to come back again and clean them a second
time — even after being scrubbed and scrubbed, they were
still filthy,” he said. “The dogs were in need of
more care when the judge ordered them released back to the defendant.”
Shapiro said that in court, DeLisio’s attorney brought
up a section of the same state Ag & Markets law under which
the SPCA’s peace officers arrested DeLisio that gives
a defendant the right to regain his or her animals until his
or her case goes to trial.
“Even if, as was this cae, what we were talking about
is evidence, and we could argue that the animals were in danger,”
Shapiro said. “I respectfully disagree with the conclusion
that the judge came to… 18 dogs in a 15-foot by 15-foot
room is not acceptable.”
Wright, asked about the case, said it was best for him to not
comment. Attempts to get in contact with DeLisio came to naught.
“It’s really in the hudge’s hands to weigh
the pros and cons of a case,” Shapiro added, after noting
that this was the first time a local judge had ordered animals
returned after an SPCA save. “In this case, the dogs were
under very specific care that we’ll bring up in court.”
The Olivebridge case follows one last month when the SPCA, under
Shapiro’s leadership since last autumn, found 21 live
cats and one dead cat in the home of Andrea Kopp, 54 of Wittenburg.
That case, Shapiro said, is still in Woodstock court.
The SPCA director added that the growth in local cases his and
other SPCA offices have been seeing of late comes partly as
a result of the economic downturn, but also as a result of the
SPCA’s heightened efforts to put greater effort into enforcing
the state’s laws regarding pets and animals.
“Animal neglect and animal cruelty is against the law,”
he said. “Ulster County is a place where we focus on this.”
And yet, beyond regular help from the county’s District
Attorney’s office prosecuting cases such as that involving
DeLisio or Kopp, Shapiro added that more was needed.
“The UCSPCA provides the Ulster County government with
Humane Law services, yet receives no compensation whatsoever,”
he noted of his agency’s $600,000 annual budget.. “This
is highly unfair… Our only support comes from community
donations.”
He added that Ulster County is the only county in the region
whose county government does not support their local SPCA, and
urged people to visit www.ucspca.org or call 331-5377 for further
information.
“We’ve been growing, and very active about going
out soliciting new members,” Karwatowski said of the watershed
chapter, now at 130 members. “And to think that this all
started in Michigan, with a few people trying to protect their
local streams, to the conservation of their natural resources.”
Started in 1959 by 16 fishermen in Traverse City, Michigan who
wanted to protect their local river, TU defined itself as “the
largest and oldest coldwater conservation organization in America”
while growing to its current size of 140,000 members in 400
local chapters throughout the country.
“TU has been instrumental in restoring more than 10,000
miles of rivers and streams around the country and has been
a force in protecting habitat for trout and salmon from Alaska
to Maine,” the organization’s CEO, Charles Gauvin,
announced at the start of the current birthday year. “As
it marks its 50th birthday, Trout Unlimited can take great pride
in its accomplishments as a steward of and advocate for America’s
trout and salmon and their watersheds.”
Karwatowski, who headed the Kingston-based Catskills Mountain
Chapter of the organization before moving to West Shokan 20
years back, said that more than membership numbers, TU’s
importance, as well as the local chapters’ role in the
larger whole, have come from the many tangible contributions
they’ve made, from significant reforms to state and federal
water laws to careful looks into dam removals, minimum flow
standards, and other modern-day policies accepted by all.
“We are undeniably the group that has had the most impact
on our water policies, outside of the government,” he
noted. “Here in New York State and the Catskills, our
importance has had as much to do with the financial support
fishermen from the city have given the organization, as well
as the number of key figures who have emerged around flyfishing
along our local streams.”
Karwatowski said that although originally from the Schenectady
area, and used to lake fishing throughout the nearby Adirondacks,
he didn’t get the trout, or Catskills Mountain fishing
bug until he moved to the area for work with IBM, where he is
still employed to this day.
“I just happened into some folks tying flies at a sports
show at the Armory in Kingston,” he recalls. “I
had never thought of trying to catch fish that way. Now, looking
back, all I can think of is all the trout I’ve landed…”
When he joined TU in the 1980s, its Catskills Mountains chapter
was fresh from a battle preventing the building of a Prattsville
water power system that many felt would decimate the Schoharie
Creek’s trout population.
Eventually, from that single chapter, from which Karwatowski
became regional TU vice president, then the state’s Council
Chair, new ones spawned in Greene County, Sullivan County, the
southeastern Catskills, and for a while in Delaware County…
as well as within the Ashokan Pepacton Watershed corridor whose
members now meet the fourth Wednesday of every month at the
Boiceville Inn.
“It’s been an organic growth,” he said. “Issues
change, river to river, and distances get too long to travel.”
In addition, Karwatowski noted the numbers of people who have
moved into the region over the years, carrying with them conservation
awareness and a love for Catskills streams, and those streams’
long history.
On that latter note, he talks for a bit about how there were
four fishing-oriented shops in Phoenicia when he moved to the
area. As well as about all the fishing legends to have come
from the Catskills, from flyfishing’s ancestral godfather,
Theodore Gordon, to its scientist, Art Flick, and homey local
characters, including the Dettes, Woodstock’s Frank Mele,
and the Wulffs of nearby Hardenburgh.
“Inevitably, there will be bits of conflict. It’s
a club with members holding many different opinions,”
Karwatowski added, speaking of things from the Prattsville fight
to lengthy court processes over Hunter Mountain water diversions
to more recent internal policy battles over the Belleayre Resort,
stream releases, and general development pressures throughout
the area. “This is not a bad thing; collaboration, in
the end, is really the thing we’re after.”
In the final round, the organization has found itself returning
over and over again, at least on a larger basis (withstanding
its membership’s individual opinions), to what its local
chapter president calls “the TU mantra.”
“We only make comments on our areas of expertise,”
Karwatowski said. “And it’s not like a chapter ever
stands alone. We pool our resources for research purposes, for
backing.”
He paused, thinking back over folks who had left the fold over
the years because of single issues, only to come back later…
even if in new chapters.
“The reality is you have to be in it for the long haul,”
he added. “From development to sewage treatment plans…
there’s lots of lots of issues always coming up. No one
issue can ever be a ‘make it or break’ it one. That’s
how we’ve made it fifty years.”
So are their Boiceville Inn meetings all political business?
Or is there an element of fish tales being told?
And what about other activities?
Karwatowski spoke about the regular meetings being fun…
but often boisterous and lively in their discussion elements.
There were also a host of special events the Ashokan Pepacton
Watershed Chapter of Trout Unlimited were sponsoring on a regular
basis, from a regular mentoring relationship with cadets from
the West Point military academy, who’ll be coming up this
coming weekend to fish, to the support of ten fish tanks as
part of the regional Trout in the Classrooms project, regular
stream clean up days, flytying workshops each winter and spring,
and a regular series of guest speakers that have included state
and New York City environmental officials, leading scientists,
and various authors.
“The only pronlem,” Karwatowski quipped, “is
that some of us end up spending more time in meetings now than
actually fishing.”
And yet it’s all added up to a busy and productive fifty
years on a national basis, built chapter by chapter, that gives
TU’s local members a strong feeling of comraderie with
similar trout fisherfolk in Montana and Wyoming, Connecticut
and New Mexico. As well as a continuing sense of purpose, and
connectness to the local worlds they all inhabit.
“We now have tools,” he said, after noting how some
who have grown up in the area tell him how happy they are trout
has finally become a key element in local school life. “We’re
passing on a better awareness of what the environment means
for all of us, as well as some of the ways we need to show stewardship
for it.”
On a national basis, Trout Unlimited will be celebrating this
year’s big birthday by having its quarterly magazine,
Trout, publish a special 50th anniversary issue in June and
its weekly television Outdoor Channel program, On the Rise,
focus on key conservation efforts throughout the year.
“As TU celebrates its 50 years of conservation, we must
bear in mind that it is TU volunteers who have made the organization
what it is today,” said Bryan Moore, Vice President for
Volunteer Operations and Watersheds. “TU members are the
backbone that keeps the organization growing and moving forward
in everything from on-the-ground restoration of rivers and streams
to involving young people in conservation. The 50th anniversary
celebration is really a celebration of our 140,000 members around
the country.”
Meaning, of course, our local folk, as well.
For more on the bigger celebrations, visit www.TU50.org.
For more on the local Ashokan Pepacton Watershed Chapter of
TU, including upcoming scheduled events, visit www.apwctu.org.
Procedural
Progress
Back on April 13, all the talk following a special public hearing
called for by the town board was about how angrily some speakers
denigrated news coverage of the farmstand law, while others
charged that the town was becoming somewhat like a socialist
state, per refrains being used elsewhere in regards to bailouts
and the nation’s entitlement programs.
Then, at a special session held Tuesday, April 21 by the Shandaken
Planning board, things were back to a town officials only, pouring
over the actual detail work involved in passing any new law
correctly.
The planners were required, by town zoning law, to review the
proposed town law and recommend its passage by the town board,
with mitigation. Or not. After nearly two hours of discussion,
they chose to suggest a couple of minor changes that the town
board will now consider and likely include before adoption.
After, again as required by law, another public hearing on the
matter.
With Ulster County Planner Dennis Doyle present in an advisory
capacity, the planners waded through the proposed law despite
a few warnings from the sparse audience that they were rushing
through what is a complicated issue that required more research.
The planners recommended that lighting restrictions be loosened
to allow for security lighting. They also recommended dropping
specific restrictions on products sold. Instead, they suggest
simply limiting non-produce items to no more than 20 percent
of the size of the operation. As for limiting the size of the
produce stand to 2000 square feet, the planners agreed, noting
that variances would be available for a larger size operation.
Hours of operation will still be regulated, with a maximum of
8:00 AM to 9:00 PM. There will still be restrictions on what
can be sold. And yes, all the lights would still have to be
turned off when the stand closes for the night..
At one point, Doyle warned the board that they might be setting
up a situation where existing stands would need to come in for
permits. Almost immediately, the discussion veered to the situation
involving former supermarket owner Al Higley, whose Hanover
Farms enterprise on Route 28 drew the law’s opponents
at the previous public hearings.
“This being Shandaken, this is aimed at some existing
stand, correct?” Doyle quipped, later adding that, “Farmstands
are usually fairly simple in most communities”
At the meeting’s opening, Higley approached the planning
board’s seven members and handed each an 8 1⁄2 by
11 manila folder filled with correspondence concerning his business
and the town’s permitting process over the years.
Now the law is back in the hands of the town board, which is
expected to hold a public hearing and adopt the law at its May
4th meeting, if all can be accomplished in one evening. If not,
the denouement of the months-long process, and all its necessary
procedural elements, will come in June.
The most recent public hearing on the law on April 13th was
held open on the advice of Zoning Board of Appeals member Keith
Johnson, who told the town board that if they closed the hearing
it set a clock ticking for making a decision on the law. Holding
it open, he said, gave the board leeway.
In a telephone interview just prior to the Planning Board session
Tuesday, Supervisor Peter DiSclafani explained the intent of
the law. He said that currently the only new, lawful activity
permitted for such markets in hamlet residential zones is the
severely limiting farm stand law. That law, which is unaffected
by the produce stand law, allows only 100 square feet to do
business, and then only if it is attached to an actual farm.
Since there are no farms in town, another law must be drafted
to allow stands. The trick, DiSclafani said, is providing enough
restrictions to protect the rest of the neighborhood.
Such sentiments were echoed April 13 by Pine Hill resident Mary
Herrmann, who noted that the law, if passed, allows produce
stands all over town. Herrmann said she, like most folks, would
not want a huge operation next to her house running fully lighted
24 hours a day.
On the other hand, Oliverea resident Joan Lawrence Bauer said
she was “heartsick and frightened” by the town board’s
effort to overregulate.
“If you pass this law now,” she wondered, “
what will you pass next week?”
That was before the town’s officials got back to procedures,
with the county’s help.
Earlier this year the town board passed several new laws regarding
property use, as do all towns, looking to changing trends, as
well as other municipal entities.
Oliverea resident Sean Lathrop offered a fresh perspective on
the matter at the last public hearing, urging the town and produce
stands owners such as Higley and the nearby Alyce and Roger’s
Fruit Stand to form a coalition and use “forward thinking
leadership” to cultivate a much larger produce selling
industry — sort of a giant farmers market concept.
“Let’s make something out of this,” he said.
“It wouldn’t be a bad thing if people came from
all up and down the 28 corridor to our town for produce nine
months a year.”
A
Truly Natural Uproar
"There’s a lot of misinformation put out there about
the bill. A lot of people have been concerned," Lieberson
said, echoing many of the bill’s defenders. They point
to claims that the husband of the bill’s original sponsor
(Rosa DeLauro, D-CT), was working for Monsanto, implying that
if that fact was untrue, then the rest of the criticism of the
bill must be unfounded. Actually, DeLauro’s mate, Stanley
R. Greenberg, CEO of globally influential Greenberg Quinlan
Rosner Research, lists Monsanto, along with Boeing, British
Petroleum and numerous other business titans on his "private
sector clients" list in his profile. But even the mere
mention of Monsanto, whose sinister reputation in health, environmental
and agricultural circles was enough to send ripples of dread
through the organic and small farm community, sent a message
that the company was at the root of the bill.
Monsanto itself was quick to post an oddly defensive denial,
expressing near indifference to the bill and asserting that
Greenberg hasn’t represented them for over a decade. Many
took this apparent inaccuracy about Greenberg’s terms
of association as indication that the rest of the criticism
could be dismissed.
Conversely, a closer look at the critics’ charge that
DeLauro had received $183,500 in PAC money from the agricultural
sector in 2008 showed no trace of Monsanto among the donors
(though Agri-giant Cargill is present and American Crystal Sugar,
prepared to launch a product based in genetically modified sugar
beets, is a large donor, as is the Western Peanut Growers Association,
which is of interest because the marketing of GM peanuts was
approved in early 2007.).
Natural foods and farms organizations are divided in their positions
on the bill and much of that difference of perspective can be
discerned by weighing in the funding sources of the groups in
question. Some groups, for instance, are calling for a boycott
of the Kellogg’s company due to their interest in Monsanto’s
genetically engineered beets while other organizations billing
themselves as farmer advocates, including local ones, boast
Kellogg’s among their sponsors.
The industrial ties of funding foundations can markedly slant
a group’s outlook.
A large part of the concern about HR 875 and a cluster of other
food bills poised on the brink of introduction is grounded in
mistrust of federal government legislation in the post-9/11
era, with all of the unanticipated effects and fallout from
inclusions in a number of bills and the vague and adaptable
language employed in some which have become troublesome laws.
With small farmers and the organic community having been stung
by agribusiness-inspired legislation repeatedly in the past
two decades, many are staying alert to new food legislation
and when news that biotech arch-villain Michael Taylor had been
recruited to help direct personnel traffic on President Obama’s
transition team emerged, the huge reaction which Lieberson noted
became inevitable.
One of the more vocal and astute critics of what he considers
abuses of biotechnology, Jeffery Smith, portrays Taylor’s
trapeze act of swinging easily from one branch of industry to
a branch of government and back again as a blatant example of
what most ails the Food and Drug Administration. After a five-year
stint at the FDA and some years lobbying for Monsanto, Taylor
was on hand back at the FDA to oversee that agency’s acceptance
of the GM bovine growth hormone rbGN (or rbST, as well as increased
antibiotics and other substances) in milk as basically the same
as milk without those extra treats. He also authored the "substantial
equivalence" doctrine used to presume that genetically
engineered foods are safe, hence marketable, because they are
as essentially the same as natural foods- a profundity which
led to the infamous contradiction which Monsanto and other biotech-based
firms feast upon- that, at the same time, GM foods are "substantially
equivalent" yet essentially different enough to be patented
and owned.
Now, prepared to persuade regulators that the products of nanotechnology
are as harmless as the genetically-modified fish proteins in
Breyer’s ice cream, Taylor has returned to the trade-secret
spotlight.
While well aware of the ongoing war between big agribusiness
and smaller agriculture, not all local growers and marketers
were aware of HR 875. Matthew Ballister of Sunfrost Farms in
Woodstock, for instance, searched it out online as he answered
questions on the phone. About half of his produce is organic,
he said.
"People have a bit of misconception about what it takes
to maintain a steady food supply to them," Ballister said,
opining that the Woodstock Farm Festival was "redundant"
because "the very same farmers, or type of farmers, that
go there to sell are the people we buy from and buy our business
on for 37 years... but organic fruit is very difficult in this
region. Fruit is hard enough to get right because people want
big, colorful, unspoiled, picture perfect stuff without blemishes,
so it needs to be sprayed a lot with serious fungicides. Some
companies try organic for a while and discontinue or have a
very short season."
The produce manager at Kingston’s popular Adams Market
hadn’t heard of the bill, explaining that 90% of their
produce comes from California with the 5% percent or so of organic
foods they sell coming from their subsidiary company Mother
Earth in King’s Mall.
Other Farm outlets and vendors in the county were unavailable
or surprisingly unaware of the potential regional impact of
the bill. Local farm stand owners on Route 28 either could not
be reached or declined comment.
But Brendan McDonough, produce manager of Sunflower Natural
Foods Market in Woodstock was keenly aware of HR 875.
"It could impact us greatly because I try hard to support
the local growers and our customers are very conscientious here
in Woodstock, looking for local product," McDonough said.
"Part of the green impact has to do with where it comes
from-not just how it’s made, so ‘organic’
is certainly a big part of what we believe in our mission statement.
At least 50% of our produce in the summer is certified organic.
There’s very little in the winter because there’s
not many around here doing greenhouse work through that season.
The environmental footprint is much smaller when you don’t
have to truck things all the way from California and a drop-off
of local supply because of what appears to be a misguided attempt
at regulation would certainly effect us adversely. I would encourage
our community to find out more about the law and contact our
congressional and senate representatives to express their views...particularly
Congressman Hinchey."
Challey Comer, the Farm-to-Market Manager for the Watershed
Agricultural Council’s Pure Catskill Program was less
troubled by the legislation. .
"On the record, I don’t think I’m educated
enough about it to really comment, especially because we work
with all different types of farms. That’s why the NOFA
comments were really valuable to us," Comer explained,
referring to a page on the pending legislation posted by the
Northeast Organic Farming Association. "We’re a regional
bilocal campaign specific to the Catskills. We cover six counties
in the area, including all of Ulster County. We do an annual
farm directory, give out grants for fairs, festivals, farm and
food-related events. We do direct public outreach and also connect
farmers with restaurants, retailers and wholesale buyers."
The three leading points of the NOFA statement about HR 875
states that it does not ban organic farming or backyard gardening
and farmers’ markets or other direct sales of produce.
But while it is true that the bill does not do so explicitly,
there’s no shortage of other organizations who feel it
accomplishes these ends implicitly through cloudy or missing
wording or specifics of its phrasing.
The NOFA statement follows with some quite sage observations
of how the law should be tailored, saying it should be "scale-appropriate"
and not apply "one-size-fits-all" regulations on vastly
different operations. It insists "safety solutions must
be based on actual risk assessments for different products and
scales of farms, not assumptions based on an industrial food
model."
Their provision that it is based on "sound science"
seems to be a jab at the fraudulent science used to promote
GM foods (in the eyes of groups like the Union of Concerned
Scientists and others concerned with integrity in science.)
The other NOFA recommendations can be viewed at [http://nofany.org/hottopics/food_safety.htm].
So, how real is the threat to organic growers and backyard gardeners?
Quite real, according to 3/5 of the growers and marketers outside
of the conglomerate factory farms.
In the next issue, we’ll take a closer look at the language
of this bill and related legislation, as well as the embracing
structure of the agricultural industry, Hinchey’s related
struggle to clean up the FDA and an astonishingly aggressive
corporate plan to control the world food supply which is being
associated with the new food safety legislation.
A Jar Of Olives...
On A More Serious Note - How About Rooting For The Underdog?
How
I wish I could sing! The Olsen family was genetically devoid
of the music gene. Where there should have been some inkling
of harmony, we would sound like a duet of trumpeting elephants
and honking geese. We could even butcher “Happy Birthday”
with giggles and self-appraising disdain for the chorus of cacophony.
I can’t carry a tune, but I can recognize those who have
been blessed with that talent. We all know that Dorraine Schofield
has that heavenly gift, but did you know that there are many
others amongst us who can sing as Susan Boyle can sing. One
of those gifted singers is Carol Merante who sits behind me
in church. She sits to my left, and behind me to my right is
Mark Lindemann who can really belt out a tune. I sometimes feel
like I am having a private stereo concert that belongs in the
Pepsi Arena. Ed Baldyga will perform The National Anthem at
American Legion and town functions, but he has a voice that
could air at the Super Bowl football opening. Jenny Parks Haaland’s
rendition of “Memories” from the musical Cats rivals
any I have heard since. Our local firefighter Steve Fuller can
really set a stage on fire with his Broadway style of singing.
I can
remember being amazed when he sang in Jesus Christ-Super Star.
I bet there are many others who are unassumingly talented out
there in Olive. Maybe we need to add a talent component to Olive
Day called “Olive has Talent.” I, a self-confessed
raspy singer and clumsy dancer, would have to relegate myself
to either judge or audience since I would not subject friends
and neighbors to a painful song and dance.
The Court of Honor of Troop 63 inducted three young men as Eagle
Scouts. In order to obtain the Boy Scouts’ highest honor,
scouts must undertake a community project. Ace DeSiena created
a memorial garden behind Phoenicia Elementary School in honor
of a classmate who died. Matt Xavier created a nature walk behind
his place of worship. The bridges he built over a swampy area
enable worshipers to access a pond to reflect and meditate.
Will Melvin resurrected and improved the Nature Trail behind
Bennett Elementary School. The wide variety of trees were identified
and labeled, and an outdoor classroom was constructed. Will’s
father, a teacher at Onteora Middle School, will be using that
open-air venue for a field trip this Thursday in a “Go
Green” opportunity to celebrate Earth Day through nature
study.
At the Court of Honor ceremony I learned a little about the
history of Eagle Scouts. The first eagle scouts, twenty-two
of them, were honored almost a century ago in the year 1912.
Out of a total of twenty-two in the whole United States, five
Eagle Scouts were from West Shokan, New York. The five Eagle
Scouts from Troop #63 in West Shokan were: Sidney K. Clapp,
Scout Master, Jacob S. Langthorn, Jr., Robert T. Pleasants,
Bertram Van Vliet, and Leon Van Vliet. Olive sure does herself
proud with her citizens’ accomplishments.
Speaking of pride. The Olive Fire Department held its annual
banquet last Saturday. It is the tradition to hand out service
awards, and one remarkable one for sixty years of service was
awarded to John Adsit. Jack Molloy wasn’t far behind with
the fifty-five year pin. Chief John “Pup” Wullum
said they don’t even make service pins for that long,
so a statue of a fireman and a plaque were given to commemorate
the dedicated service. The agitator of the year award, a real
agitator from a washing machine, was give to Ralph VanKleeck,
Jr. No explanation was given, but they said Ralphie was “very
deserving.”
As you are reading this, I am probably returning from a cruise
to the Caribbean. I am hoping that Pirates of the Caribbean
aren’t real like they are in Somalia. I took that ride
at Disney World, but I do not want a reality show of it.
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