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Follow Up on the News

Waiting For A Shoe...

The "other shoe" yet to drop is a pending decision in New York City’s lawsuit against Olive’s appraisal of $640 million for the city’s extensive holdings in the town. The decision will have a dramatic impact upon the reservoir towns and a residual effect upon the entire county. It may also represent the Town of Olive’s last defense of its appraisal.
According to Olive Supervisor Brendt Leifeld, who chairs the Land Committee at the Catskill Watershed Corporation, the CWC’s director Alan Rosa appeared at their last meeting to outline the finances of the Legal Defense Fund set up by the 1997 Memorandum of Agreement [MOA] between New York City and the upstate communities from which it draws its drinking water. The news wasn’t good.
Leifeld said that Rosa related that the funds were "starting to come to an end and there’s other towns standing in line (for what remains of the defense fund), too, who have gotten nothing up to this point while we’ve used over $1 million of it in the two lawsuits. That’s not all lawyers’ fees. That’s the appraisal, the engineers and so on. It was a $3 million fund and add about $1 million in interest but now there’s maybe a little over a million left but that’s not just for the Town of Olive. The City’s not putting any more money in. When it’s gone, it’s gone."
In other words, if the $340 million ORPS appraisal favored by New York prevails in the judge’s decision expected sometime this month, tax figures will change significantly and the thud of that shoe will echo through the school district and the county.
"We’ve got a current contract with the Town of Olive, approved by my board in October, 2004, for the amount of $500,000," said CWC Corporate Counsel Tim Cox. "I can’t comment on how much of that is left because of matters that are in litigation. We had one previously with Ulster County for the same amount- there was an inter-municipal agreement with the towns- that ended in the Fall of 2004- and then the towns came in directly and applied to us."
Cox noted that the defense fund had been included in the MOA at the insistence of local watershed municipalities, presumably because of New York City’s history of frequent legal challenges to assessments on its property. Quoting the language of the MOA, Cox observed that the fund was "To pay the fees and expenses of professional consultants and/or attorneys retained by counties, towns or villages, West of Hudson, to review, analyze and/or assist in the administration of real properties taxes paid by the City on City-owned lands..."
"The responsibility ultimately lies with the towns to defend the assessments put on the property, first and last," said Cox. "The fund, a one-time $3 million provision for the municipalities that CWC would administer, was here to help out with that."
Noting that Olive has long been on the front line in the tax battle with New York City, Leifeld observed that Olive’s efforts were "supposed to come up with a method, a template, so to speak- a court decision that would help the other towns when they got sued. But (CWC) is getting to the point where they’re not very happy with our attorneys. For the amount of money that’s been expended versus tangible successes is not very much. It was dismissed last time on a technicality when they (NYC) came in with appraisers that weren’t even licensed in New York State and (Judge) Bradley threw them out. There was no decision."
All of which brings up an off-the-cuff admission allegedly from a NYC attorney just before leaving the case and employment in the City government, that the City’s legal strategy was to milk the CWC fund dry and buy time until it was all spent, whereupon the City would be back to where it started in dealing with the towns from a position of strength. The attorney in question could not be reached for comment or elaboration.
"My opinion is that New York City is absolutely behind the Large Parcel law," said Olive Town Clerk Silvia Rozzelle of the "Divide-and-Conquer" aspects of the law’s impact. "There’s no incentive for us now to fight to keep that assessment up just so it can be taken by somebody down in Gardiner or over in Woodstock or Saugerties. The City’s getting exactly what they wanted and if we accept their (appraisal) figures, we’ll be hurt but we’ve been hurt before."
Also hurt would be the school district and the county, Leifeld noted as he remarked upon the unlikely prospect of Olive being able to afford the hundreds of thousands it would cost to pursue on its own a defense of the appraisal by the experts hired with CWC funds.
"Maybe the rest of the county needs the shock of finding out what losing $330 million in assessed value does to their tax base," Leifeld said. "If we agree with the ORPS figure then there is no large parcel. If we keep the City happy and they don’t sue us for 10 years, who knows? We would lose half of this town’s assessed value. So, instead of paying 33% of the Onteora (School District) pie up there, we’d be down to probably around 20%. That’s a lot of money. Olive’s school taxes would go down and the rest of (the) Onteora (District) would have to pick it up. This is what (Woodstock Supervisor) Jeremy (Wilber) and those other clowns don’t want to listen to but, if they find out what kind of impact it has for a couple of years maybe they’ll shut up when we come back up the ladder to raise our assessment. This is a never-ending headache- the lawsuits and large parcel."
"We knew all along that this money at CWC was going to run out. That was the plan that the City had in the first place," Leifeld added. "Use it up and then we’ve got all these towns by the (throat) again and we can do what we want. And it’s true. Where’s the town going to come up with $500,000 for lawyers and why should we? To have them come and beat on us with Large Parcel again on top of it? We’re either going to have to have another inter-municipal agreement or shock everybody. If we keep on the same route, it’ll come out of our pocket and I’m not advocating that."


They Only Come At Night?

She looks quite fetching, despite the greenish lump growing out of her cheek. She tells me about a previous scene, where she trying to kill someone: “All my Yiddish and Hebrew left me! I couldn’t think of a thing to say but ‘Didja eat?’ Then I got bashed in the head.”
And so it goes on the set of the micro-budget short Night of the Living Jews, written and directed by Oliver Noble of Accord, with Sam Allen-Falconi of Krumville as cinematographer and co-producer. The film involves a plot to poison matzos, and a family terrorized by hordes of Hasidic zombies. But not to worry, one girl survives.
Sam’s father Tim Allen, who, as an arborist, can normally be found up a tree somewhere, is tending to several smoldering fires. His son Sam is staring intently at the camera monitor. A smoke machine cranks; smoke billows, then thins, delicately weaving through leaves like so many snakes. “I’m liking this… there! That’s the shot,” declares Sam. The kid’s got the eye. “I learned to shoot in high school,” he says, “and from going on shoots with [cinematographer] Mark Benjamin, and also with Roy.” Roy Gumpel, in the tradition of multi-tasking on low budget films, is co-producer, gaffer, creative consultant and set photographer. Oliver learned filmmaking during his high school independent studies.
Valerie Fanarjian is the whirlwind producer that quarterbacked the ideas of these two Roundout high-schoolers into a full-fledged, albeit shoestring, production. She zooms around like the Tasmanian Devil, doing, well, everything. I ask if I can mention the SAG actors, since this is a non-SAG production. “Sure!” she says. “We’re going for the Olympic record in All Known Law Breakage on this production!” And where did she acquire the skills to produce a film? “I worked for Philippe Petit [Shokan’s famous funambulist], I run a sawmill [Boiceville Lumber]. Heck, I could run this country, since Bush is clearly on permanent vacation. Producing a film? Phssh!”
The phrase “it takes a village” describes the set, which is also Oliver’s home. In fact, almost everyone involved lives in the surrounding communities. Krumville author Kim Wozencraft (Rush, The Devil’s Backbone) and artist Steve Heller of Woodstock’s Fabulous Furniture were a pair of flesh-eating zombies. Phillip Levine, a Woodstock poet, was also in the film. Tonight’s shoot is the death scene of the head rabbi zombie, played by Laurent Rejto, co-director of the Woodstock Film Festival. His son Adam Blaustein also stars in the movie.
The woods are littered with props, including a severed pig head, unlit cigarette stuck in its grin. A zombie strolls by and quips, “No animals were abused in the making of this film.” An earlier shot used a live pig, then Fleisher’s Meats donated the pig head. Local businesses such as Winchell’s Corners and Bread Alone donated to the food table. Woodstock gallery owner and main zombie Bahram Faroughi loaned the camera. But for the most part, when I ask where they got financing, I get answers like, “It’s a Jewish production, there is no money!”
Two guys are placing a plank on top of a pile of rocks, where Rebbe Zombie Laurent has his final battle. They have to lift the plank to levitate him. “No storyboards?” I ask. Nope. “No run-throughs, no rehearsals on this stunt?” Nope. Phil Dorling, from Woodstock, the art department and props guy, rigs a gun to an eggbeater. He demonstrates how churning the eggbeater makes a cool clackity-clack noise. What’s it for? “I dunno,” says Phil, “It’s just cool.” You gotta love the chutzpah. This is the pure joy of ad-hoc creativity.
How did Oliver talk his parents into letting him take over the family home? “I’m their retirement plan,” he says with confidence. Henri Falconi, Assistant Everything on the production adds: “It’s kind of a ‘loonies take over the asylum’ production.” Inside, Oliver’s dad Charles is making dinner for the zombies. A dozen of them sit around waiting to be fed, looking horrific and bored, including one sporting a tiny Hitler mustache. Why did Charles let his kid take over the roost? “He promised me a cottage on his estate when he makes it big,” he quips. A glance in Oliver’s bedroom reveals posters for The Ring and The Exorcist. The overheard comments in the kitchen-slash-wardrobe are priceless: “I get eaten tonight, d’you?” “I’m the only one who lives,” sighs Sierra DeCrosta. “I heard a goose-stepping zombie is coming. Hey, is there such a thing as zombie Torah walk?” “I’m just gonna turn my shoe sideways and drag that leg,” says zombie Dash Stratton.
I ask cast and crew if they’re worried about how the film’s provocative title might perceived. “Think of it as a Barbara Streisand Hebrew National Hotdog kinda thing,” says one zombie. Another adds, “It’s a Jewish zombie noir comedy homage to Night of the Living Dead.”
“We’re making a funny movie with no deep meaning,” says Charles Noble, “and we hope it’s funny enough that it isn’t hijacked by someone looking to find something offensive in it. The thought crossed my mind that this is potentially incendiary, but as long as it’s funny, it’ll be fine.”
Zombie movies have a tradition of tropes and riffs. If it’s a Beach Blanket Bingo Zombie movie, the zombies will be in bikinis and slathered in ghoulish sunscreen. If it’s Speedway Zombie, the zombies will be dripping with car parts and slinging hubcaps. In Night of the Living Jews, the zombies have bekishes, tichels, payos, tsitses and yarmulkes, and are killed with cheese and bacon. No offense given, none taken. Consider the Broadway hit The Producers, with its “Springtime for Hitler” musical numbers.
I head outside just in time to watch the magnificently berobed zombie Laurent as his side curls twirl (literally two guys spinning attached strings) so he can levitate like a perverse doppelganger to the Flying Nun. His Freddie Krueger claws clutch at his chest, his kutchma-slash-Viking helmet falls as he screams, with great thespian pizzazz, “I think I’m gonna plotz!” and crashes to the ground.


 A Tragedy On Route 28
Two passengers in the car were pronounced dead at the scene and a third died later at Columbia Memorial Hospital in Hudson, police said. The driver of the car and another passenger were hospitalized - one in critical condition at Albany Medical Center, the other in stable condition at St. Francis in Poughkeepsie.
State Police at Kingston announced the identities of the three persons on Monday after being assisted by representatives of the Chinese Embassy in locating family members in China. Killed were Hui Wang, 22, of Cambridge, Mass., and Yuan Li, and Zhenying Gu, both 26 and from Manhattan. Injured in the same vehicle were Yanming Fang, 28, the operator of the car, and Wentao Mo, 25, both of Manhattan.
The two people in the SUV - 67-year old Catherine Whitelaw, who was driving, and 88-year old Florence Palmer, both of Lanesvilkle - suffered non-life-threatening injuries and were admitted to Benedictine Hospital in Kingston in stable condition, police said.
Police said the accident occurred when Fang’s vehicle crossed into the opposite lane on Route 28 and struck the other car head-on. The impact of the crash caused the SUV, a Ford Expedition, to catch fire, but not until after its occupants were out of the vehicle. The car, a Mazda, was totaled, and Regan said its roof was removed by rescuers trying to reach the five occupants.
The cause of the accident was still under investigation as of press time but police said there was no indication of drugs or alcohol involved. Both vehicles were equipped with airbags that opened when the crash occurred.
Route 28 was closed in both directions from Shokan to Boiceville for several hours after the crash, with traffic detoured onto Upper Boiceville Road, which intersects Route 28 in both hamlets, during the closure. State police were assisted by police from the towns of Olive, Shandaken and Woodstock; the New York City Department of Environmental Protection police; the Olive Fire Department; and several ambulance squads.
The crash was the area’s deadliest since a two-car collision on a straight stretch of road in the Shandaken hamlet of Allaben in April 1994 that claimed seven lives. Four adults and a child died at the scene, and a child and a teenager died in the days that followed. Two people survived the crash, which police blamed on “driver fatigue or driver inattention.”


A Jar Of Olives...



A Round Tuit

Up to now, procrastinating worked for me, but I am resolved to recognize what can be put off until tomorrow and what needs to be done now. It was a lesson sadly learned.
I had wanted to make an apple pie for my neighbor Bob to let him know that I was thinking of him and his wife Nola. I also wanted to write Nola a letter letting her know, as her life approached its end, how much she meant to me and my family. But I didn’t get around to it. Nola died on September 18, much too soon.
I hope you got to know Nola Marie Luce, wife of Bob Tischler, or, at least know someone like her. She was amazing. An immigrant from Guam, she lived the American Dream rising from clerk to Vice President of a public relations firm. She chose her faith and practiced it everyday doing “mitzvahs” or kind deeds every day. She made the best key lime pie, could arrange weeds like a professional florist, and could build a stone wall like Harvey Fite of Opus Forty. What made her so special was the way she did everything with style and grace. Even suffering the side effects of chemotherapy, Nola held a perfectly shaped bald head high and moved with the grace of a runway model. She was so capable that I was sure that she would overcome Cancer with the power of her charm and positive energy.
Nola, who insisted that her Navy father named her for his home—New Orleans, LA—was one with nature. She loved working in the yard or walking in the woods with Bob and beloved Labrador retriever “Gus.” Now she is one with nature. I will think of her with each leaf that falls this autumn, with each flower I plant, and with each rock I move. I just wish I had told her.
I still think that it’s okay to procrastinate, but not in the things that really count. Make that phone call, write that letter, do that “mitzvah” right now. Tell someone that they are important to you. Let things go that really don’t matter in the long run. No one will mention how neatly you made that bed, but they will remember your kind words and deeds.
So, I send you a round “TUIT.” Some things can’t wait until you get “around to it!” Right now I have an apple pie to m


Housing Shortages
At the same time, Jane Todd of the Shandaken Area Revitalization Plan (SHARP) Committee, and Joan Lawrence-Bauer, director of the Margaretville-Arkville Project, each noted difficulties they’ve run into getting projects through to completion in recent years, as well as the increasing need for housing help in the Catskills and Hudson Valley regions.
Lawrence-Bauer, in fact, went so far as to suggest that the region’s larger developers, including her former employers at Crossroads Ventures, should look to creating more hosuing for middle income people than their current high-end projects. The principles at Crossroads include Shandaken-based Dean Gitter. of the Emerson Inn and proposed Belleayre Resort, and Gitter’s development partner Kenneth Pasternak, a former Wall Street magnate now under investigation from the SEC who recently announced his own 30-home development for the Delaware County town of Middletown.
But complicating the recent interviews came a simultaneous announcement from Todd, following an October 4 in-depth interview with her, that she had actually resigned her position as SHARP Committee Executive Director, a job she’s held 13 years, as of October 1 and been replaced by her former Administrative Assistant Buffy Kibe.
Todd, a longtime Shandaken resident and current member of the town board there, said this week that her reasons for leaving the position she inherited from former Executive Director Gladys Gilbert of Olive was simple.
“I have eight grandchildren and I’m going to be 60!,” she said with a laugh.” I’m just done.”
“We just built 30 units, 16 for seniors and 14 for families, that sold out immediately when we listed them… all to local residents,” Lawrence-Bauer said of M-ARK’s Mountain Laurel Gardens project, started 12 years earlier, before the news about Todd’s resignation was out. “The thing people never realize about these projects is that you don’t just snap your fingers and they happen. We didn’t have any NIMBY problems,” she added, referring to the increasingly common term for “Not In My Back Yard” challenges to projects.
Lawrence-Bauer said that Mountain Laurel’s difficulties came about when funding agencies kept sending back the project’s marketing plans for changes, saying they didn’t feel the need was there for a planned 30 senior residencies. Eventually, M-ARK succeeded by changing the mix to include 14 family apartments.
Now, Lawrence-Bauer added, the agency was beginning work on a new project for more such apartments, realizing the local need for low-income housing was increasing as the local real estate market continued rising strong.
“This nonsense that people will come up to take advantage of such housing from the city is nonsense. We had a working list of 80 locals we made our selections from,” she added. “You do your marketing plan, then market to who you want. We have two seniors from Queens, but they’re here because their children live here.”
Part of the problem with such projects, Lawrence-Bauer further noted, is that state and federal agencies want to fund larger projects. No one can go less than 24 units, she said. As a result, she’s looking to put M-ARK’s next such project into another nearby community, either Fleischmanns, Andes or Grand Gorge, once their “sense of crisis” can be determined, charted, and fit into the sorts of marketing info the funders need to activate such projects.
She said that what Woodstock is being offered, via the Woodstock Commons package put together by RUPCO at the behest of the town’s Affordable Housing Committee, invaluable, given that the hardest work – the funding – is already solidly in place.
“The bottom line is that we all need affordable housing up here. There’s no question about that,” Lawrence-Bauer said. “If Woodstock doesn’t do it now, they’ll lose it forever.”
Todd, who operated three completely-full, wait-listed affordable housing complexes in Olive and Shandaken while director of SHARP, said she too had been finding great need in the communities she serves, especially for families looking for more than one bedroom. More importantly, she sees such need not only not going away but getting worse over time.
Asked whether talk in Woodstock about outlying towns being affordable was true, Todd said her towns of Olive and Shandaken were too far away… and not any cheaper, really. She would like to start new projects but is having problems finding sites that match requirements for centralized services and gas and water hook-ups, if possible.
As a result, she said that SHARP, as with RUPCO and M-ARK, is having to rely more and more on references to private subsidized rentals, although even those are increasingly hard to come by.
“These projects just don’t happen overnight,” Todd added, echoing what Lawrence-Bauer had said. “The process is very, very difficult.”
Todd described how she found funding, a number of years ago, to add five units to SHARP’s Tongore Pines’ 19 in Olivebridge. Got all the requisite zoning changes and planning board approvals in place. Then got hit with an Article 78 lawsuit that held her up long enough to “raise the construction costs 40 percent.”
“Despite having gotten our funding in place we had to abandon our plans and give back the money,” Todd said. The net effect was a cooling of all such projects for her area for a spell.
Lawrence-Bauer said that apart from affordable housing for seniors and low-income members of a community, she’s starting to worry about other problems with middle-income housing.
“No one wants the middle now,” she said. There’s high end and low end real estate, she added, but nothing for the area’s aging population looking to move out of their homes, not wanting to take on the high cost of renovating. No cluster housing that area teachers or nurses, service people and workers can take advantage of.
“We’ve now got Kenny Pasternak announcing he’s going to build 30 high end homes in the $750,000 range,” she said, mentioning one of the major backers of developer Dean Gitter’s Belleayre Resort project, for whom she once served as a publicist. “Dean should be told he needs to build some middle income housing if he wants to do what he plans.”
Todd noted that she and RUPCO had been part of Ulster County Housing Consortium talks about growing housing needs. But Lawrence-Bauer said a more regional approach may be needed to really achieve something.
“We’ve got Dean at the high end and RUPCO at the low end,” she said. “But the reality is we have to look at all our housing needs across the board and create a balance.”
That, she said, was happening in her base-town of Margaretville now. And, given RUPCO’s plans, was within reach in Woodstock.
But more needed doing.
Some larger entity, be it the Catskill Watershed Corporation or a state or federal legislator’s office, needed to pick up the ball.
“It certainly would be the right thing to do,” said Lawrence-Bauer.
Meanwhile, SHARP founding directors Lonnie and Ruth Gale of Phoenicia noted this week that their agency was originally started in the late 1970s as a means of helping assure rebuilding of the Route 28 corridor’s railroad line, and the branched out into senior and affordable housing projects when the private not-for-profit’s board hired former Eleanor Roosevelt consultant Elise Miller as its first director. Miller used government connections to not only build Shandaken Apartments in Phoenicia, but also helped gain the town of Shandaken a number of key grants that helped its revival.
Her success was such, in fact, that later Town Supervisor Neil Grant tried interfering with SHARP’s choice of Gilbert as its second director, and when told that neither e nor the Olive town government had any say in the organization’s inner decisions, cut substantial funding to it. When Todd replaced Gilbert, she was instrumental at finishing a number of projects, especially Olive-based Tongore Pines, that had been stalled for years.
But when Todd ran for and won a town board seat, a split on the SHARP board occurred between those thinking such actions represented a conflict of interest, and those that supported Todd’s every move.
Todd said this week that the achievement she remains most proud of is the development and success of Tongore Pines. Other achievements she touted include the purchase and renovation of Church Street Apartments in Phoenicia, an existing 4 Unit Rental Building, with a $25,000 low interest Federal loan and a conventional mortgage of $65,000 from Wilber Bank. The units have been rehabilitated to provide decent, affordable rentals, one of which is handicapped accessible.
SHARP Committee President Ernie Gardiner of Boiceville said this week that he was planning a special tribute to Todd to take place in the coming weeks, and noted that the decision to hire Kibe as her replacement was “unanimous” and did not require any advertising for the job. He added that political pressures had hurt Todd over the years, while the Gales noted that the entry of politics into SHARP matters had led to their resignation from the board they helped found several years ago.
They and others have questioned whether the organization, which has become increasingly partisan via the viewpoints expressed by Kibe and others in local letters columns in recent years, will be as adept at fundraising in what many are expecting to be a much-changed state and national political climate over the coming years.