(News
Briefs August 31, 2006)
Dead Hiker
A hiker from Bayside, Queens died Sunday afternoon, August
17, on the Peekamoose Mountain Trail in the town of Denning
after suffering a heart attack brought on by an irregular
heartbeat, state police said Monday.
The hiker, Chong M. Kong, 59, reportedly told his hiking companions
that he was dizzy and then collapsed around 2:30 p.m. They
were about 200 feet before the summit of Peekamoose, which
was more than three miles from the trail-head at County Route
42. The party tried to bring Kong down on a makeshift stretcher
and met up with state forest rangers and emergency medical
personnel around 4:50 p.m. State police said Kong could not
be revived.
An autopsy at Kingston Hospital Monday found the cause of
Kong’s death to be, “cardiac arrhythmia due to
atherosclerotic cardiovascular disease and myocardial scarring,”
state police said.
Gitter Moves
Against a backdrop of severe criticism of his proposed 1,900-acre
Belleayre Resort at Catskill Park, Shandaken developer Dean
Gitter has altered his long-delayed plans for the Central
Catskills in hopes of addressing concerns of the public and
permitting agencies.
On Monday, Crosroads’ spokesperson Paul Rakov issued
a statement outlining proposed changes after the developers
met with an official from the U.S. Environmental Protection
Agency... and had to call off a scheduled press conference
when the federal official and a supportive congressman shied
from being seen with the developer.
"Crossroads Ventures continues to listen and respond
to concerns expressed by all the parties," Rakov said.
"This compromise, with its dramatic downsizing, speaks
directly to their issues. We hope that the various governmental
agencies and the involved environmental organizations will
see this as a victory for their efforts and embrace the new
prospect."
The original plan, under review for several years with no
end in sight, called for the development of approximately
2,000 acres to the east and west of the state-owned Belleayre
Mountain Ski Center in Highmount, on the border of the towns
of Shandaken in Ulster County and Middletown in Delaware County.
On the eastern portion, the developer proposed an 18-hole
golf course, a 150-room hotel with a spa and other amenities,
77 buildings housing a total of 183 detached timeshare lodging
units, a golf course maintenance building complex, a satellite
golf course maintenance building, and a wastewater treatment
plant. Proposed for the western portion was another 18-hole
golf course; a 250-room hotel with a conference center, spa,
and other amenities; 21 buildings containing 168 detached
lodging units, a children's center, clubhouse, golf course
maintenance building complex, a satellite golf course maintenance
building, a wastewater treatment plant, and a 21-unit residential
subdivision.
Under the new plan, the western portion would remain the same,
but the eastern side, which related agencies have deemed more
environmentally sensitive, may be reduced. Crossroads' latest
proposal, still unofficial, calls for the elimination of the
eastern golf course and 107 lodging units.
The developers also propose eliminating plans for an on-site
wastewater treatment plant, hoping instead to get permission
to connect to a New York City-owned system near the site.
City officials have so far denied the developers permission
to hook up.
In place of the golf course, Crossroads would consider an
expanded spa and wellness facility.
"Such a restructuring of the project, if accepted by
Crossroads and formally submitted to the various regulatory
agencies, would dramatically reduce almost all of the potential
environmental impacts raised as concerns by the EPA, New York
City's DEP, and a coalition of national and local environmental
groups," Rakov said.
U.S. Rep. Maurice Hinchey, D-Hurley, who called the original
proposal a "massive, reckless resort," last year
proposed an alternative plan calling for no development at
all on the eastern portion of the project and reduced development
on the western side. The developers dismissed Hinchey's plan
at the time, saying it was not economically feasible.
On Monday, Hinchey maintained that any development on the
eastern side would have "profoundly negative consequences."
"I understand what (developer) Dean Gitter is doing,"
Hinchey said. "He's got a project and he's trying to
make some money off of it."
State Comptroller Alan Hevesi issued a report earlier this
month saying Crossroads' original plan was based on faulty
economic assumptions.
The press release was issued in lieu of a press conference
set to coincide with a viist from federal EPA Region 2 administrator
Alan Steinberg and U.S. Congressman John Sweeney of the Albany
area to see Gitter’s land on Monday. Steinberg has come
under fire for being swayed by Gitter in recent weeks, despite
his staff’s views that the Belleayre project is inappropriate
for the watershed.
“It sounds like the developer may have overreached in
trying to box the EPA administrator into a press conference,”
noted environmental attorney Eric Goldstein of the National
Resources Defense Council on Tuesday. “The last thing
you want to do is embarass the EPA.”
Hello Dalai!
The Dalai Lama, the 1989 Nobel Prize for Peace winner and
head of the Tibetan state-in-exile, will be spending time
in Phoenicia in September for a conference of scientists to
be held at the Menla Institute in Woodland Valley. He will
also be visiting the Karma Triyana Dharmachakra (KTD) Tibetan
Buddhist monastery outside Woodstock, although none of his
visits will be open to the public.
Two years ago, the Dalai Lama, via Menla, wrote a letter to
the people of Shandaken and the Route 28 corridor, commenting
on his memories of a previous drive through the region to
another monastery in the Hardenburgh area.
On Thursday, September 21, the Dalai Lama will be at Menla
Mountain Retreat and Conference Center in Phoenicia (site
of the former Pathworks Center), where he will address a conference
entitled “Longevity and Optimal Health: Integrating
Eastern and Western Perspectives.” He will overnight
there and then go to Woodstock for lunch on the 22nd.
From September 18 to September 20, he will be at the University
at Buffalo as part of that college’s “Distinguished
Speakers” series, where he will be giving a sold-out
public speech in a stadium that holds 30,000.
Participation in the Menla Mountain event is selective and
limited to scientists and other professionals and practitioners
in the field, according to representatives for Tibet House,
which owns and operates the retreat center and is sponsoring
the three-day conference with the Columbia Integrative Medicine
Program.
Ganden Thurman, executive director of Tibet House, said the
Dalai Lama will attend the conference at Menla Mountain to
hear a report on the conference findings concerning the potential
for life extension and the possibility for a reversal of aging.
The Indo-Tibetan tradition has long maintained that attaining
optimal health is a benefit of long-term meditation and yoga
practice.
The conference will bring together researchers and scholars
from the Indo-Tibetan tradition as well as leading Western
scientists in the fields of longevity, regeneration, and health
to discuss these advancements and to build a program of collaborative
research.
After leaving the area, the 14th Dalai Lama, one of the world’s
most respected and recognizable spiritual leaders, will then
travel to New York City to do a teaching at Tibet House.
Primary Time!
The Ulster County Board of Elections is hiring Election Inspectors
for this year’s Primary on Tuesday, September 12 and
General Election on Tuesday, November 7. Inspectors must be
18 years of age and registered to vote. Compensation is: Mandatory
Training Class (approximately 1.5 hours): $25.00 plus mileage;
Primary Election (11:30 am to approximately 9:30 pm): $125.00;
General Election (5:30 am to approximately 10:00 pm): $200.00.
The BOE is also hiring Alternate Inspectors, who must attend
training and agree to be on call to work where and as needed.
If assigned, they will be compensated as with all others.
If not, assigned they will still be paid $75.00 for being
available for each Election Day.
If interested in exploring this opportunity, please call the
Ulster County Board of Elections Monday through Friday between
the hours of 9:00 AM to 5:00 PM at (845) 334-5470.
The Democratic Party will hold a primary on September 12,
2006, with polls open at 12:00 noon and closing at 9:00 pm,
with Eliot Spitzer (spitzer2006.com) and Thomas Suozzi (www.tomsuozzi.com)
facing off for the governor’s race; Andrew Cuomo (www.andrewcuomo.com),
Mark Green (www.markgreen.com), Charles King (www.king2006.com)
and Sean Patrick Maloney (www.seanmaloney.com) facing off
for the Attorney General nod, and Hillary Rodham Clinton (www.hillaryclinton.com)
and Jonathan Tasini (www.tasinifornewyork.org) battling for
the U.S. Senate candidacy.
On a more local level, the Conservative and Independence Parties
in Ulster County are also holding a primary for the office
of Ulster County Sheriff between Paul Van Blarcum and Kevin
Costello.
If unable to vote in the primary election in person, you may
print an absentee ballot application by clicking: http://www.co.ulster.ny.us/elections/absenteeapp.pdf,
or you can call or visit the Ulster County Board of Elections
at 284 Wall Street, Kingston, telephone number 845-334-5470.
Absentee ballot applications must be received by the Board
of Elections prior to September 5th if a ballot is to be mailed,
or by September 11th if the ballot is to be picked up in person
at the Board of Elections office.
OCS Meetings...
There will be a series of four informational workshop sessions
on the capital improvement project and the future of the District
facilities with presentations by the architects. Each presentation
will be followed by a Public Comment segment. These workshop
sessions will be held at the beginning of the following Board
meetings starting at 7:00 p.m.
* Tuesday, September 12, 2006 at Bennett School
* Tuesday, September 26, 2006 at Phoenicia School
* Tuesday, October 10, 2006 at West Hurley School
* Tuesday, October 24, 2006 at Woodstock School
Charter Vote!
Ulster County residents will have a chance to vote on a county
executive form of government in the Nov. 7 election, after
the county Legislature itself voted last week to put a proposed
charter on the ballot… as well as to hold a public hearing
to discuss a proposal to abolish the county’s flexible
benefits plan, which reimburses department heads and managers
for medical, insurance and certain other expenses not covered
by their Empire Blue Cross plan, on Wednesday, Sept. 6.
Only legislator Joan Every, R-Rosendale, voted against the
charter vote, saying she felt the process was moving too fast.
The charter’s main function is to bring accountability
to county government by placing final decision-making power
with a county executive rather than the 33 member legislature.
The full-time, elected executive would have the authority
to appoint department heads, conduct collective bargaining
negotiations and prepare and execute the county budget. The
charter spells out the executive’s duties and revamps
the county’s financial management by establishing an
elected comptroller to oversee county finances.
County Republicans had earlier balked at the possible costs
of the new system.
If voters approve the proposal, the charter will take effect
Jan. 1, 2009, following an election for county executive in
November 2008.
Legislature Chairman David Donaldson, D-Kingston, said copies
of the charter will be available on the county’s Web
site and will be distributed at libraries and town halls for
the public to view.
Tourism Boost
The Catskill Association for Tourism Services – comprised
of Sullivan, Ulster and Delaware counties – recently
launched a new E-Kiosk initiative to provide real time tourism
information to visitors to the region. Armed with a $100,000
grant from state Senator John Bonacic, the new electronic
kiosks will be located in strategic locations such as Belleayre
Mountain, the Strand in Kingston, Monticello Raceway, Bethel
Wood, and other key locations.
There will be 10 of the $6,000 a piece electronic information
centers installed initially, mostly in Sullivan County, with
more to follow.
“Our goal, as tourism leaders, is to see to it that
they are located in places that are going to be able to capture
the largest amount of visitors, encourage them to not only
come while on this trip, but perhaps come back and do a repeat,”
noted a press release on the new initiative.
“Now that the people are coming here, it’s being
discovered,” Bonacic said. “Our game plan is to
keep them here.”
Delaware County Tourism Director Patty Cullen said the E-kiosks
assigned to her will be moved around to different locations
depending upon the season of the year.
Housing Slump
Sales of existing homes in the US slumped a sharper-than-expected
4.1 per cent in July, the National Association of Realtors
reported in recent weeks. The data underlined the rapid pace
of the slowdown in the property market and sent stocks lower
amid fears over the health of the broader economy.
The number of homes sold fell to an annualised 6.33m, a drop
of 4.1 per cent from June against analyst expectations of
a 1 per cent decline. The supply of unsold homes rose to a
record high 7.3 months of sales, up from about four months
early last year.
“No region was spared from July’s softness,”
said Omair Sharif, analyst at RBS Greenwich Capital. “The
headline figure was well below our forecast and that of the
consensus, and corroborates recent builders’ statements
that the housing market cooled substantially at the start
of the summer.”
The fourth consecutive monthly decline in existing home sales
leaves the measure 14 per cent below its peak last June and
at the lowest level since January 2004. The median sale price
was less than 1 per cent higher than a year before.
Other recent data have helped paint a gloomy picture of the
US housing market. Builders’ are at their least confident
in 15 years, and buyers’ confidence is also plumbing
fresh lows. New home sales data are due to be released on
Thursday, and are also expected to show a decline.
Fears that the housing slowdown is affecting other sectors
were compounded last week when a University of Michigan survey
found overall consumer confidence at its lowest since the
aftermath of hurricane Katrina last year.
The downturn will force businesses to slash 73,000 jobs a
month in the new year and could be more damaging to the world
economy than the dotcom crash, economists have warned.
'Things do seem to be getting worse very quickly. Freefall
is a strong word, but I think it's the right one to use here,'
said Paul Ashworth, chief US economist at Capital Economics.
Stephen Roach, chief economist at Morgan Stanley, predicts
that the property slowdown will shave at least 2 percentage
points off GDP growth next year, taking the US perilously
close to recession, as construction spending plummets and
homeowners lose their cushion of extra wealth.
“For a wealth-dependent US economy, the bursting of
another major asset bubble is likely to be a very big deal,”
he said, warning that, with US fiscal and trade imbalances
now larger than five years ago, the fallout for the rest of
the world could be more devastating than the aftermath of
the dotcom boom.
Trade Show!
The M-ARK Project’s second annual Tri-County Trade Show
is scheduled for Saturday, September 9 at Belleayre Mountain
Ski Center. More than 60 booths are available to businesses
that wish to showcase their goods and services at the event
that runs from 10 am to 5 pm in the ski center’s Discovery
Lodge. Businesses with operations in Ulster, Delaware and
Greene counties are expected to participate. The Saturday
event will feature workshops, demonstrations and door prizes
those who attend.
The Tri-County Trade Show, established to boost business in
the more rural areas of three different counties, gives high
profile businesses like banks, hotels and restaurants an opportunity
to introduce new products or services. But the show is also
meant to help smaller businesses, and those located off the
beaten path, to get the word out to people who might not know
they are in the area..
For 2006, in addition to the traditional larger businesses,
the M-ARK Project will be placing emphasis on the area’s
smallest businesses, many of which have just a single employee.
Practitioners in alternative or complementary health services,
artists and businesses offering agricultural and forest products
are encouraged to attend, along with those specializing in
outdoor recreation and tourism.
“Mom and Pop businesses are the backbone of our economy,”
said Lawrence-Bauer. This is an opportunity for them to shine.
This is one of very few opportunities to find a new audience
for a product or service not traditionally offered in this
area.”
A new and improved version of last year’s event, this
year’s show will feature more than a dozen workshops
that will appeal not only to business owners, but also to
the general public. Topics will include everything from marketing
for artists to interpreting dreams. Massage and other non-traditional
therapies and protocols and furniture refinishing will also
be among the topics. A popular e-marketing workshop offered
last year will return, as will workshops on different types
of alternative health options available in the region.
For more information on the show, to rent a booth, or to get
complimentary entrance tickets are available by calling the
M-ARK office at 845-586-3500 or via e-mail to iris@markproject.org.
Ag Battles…
If authorities in Vermont have their way, farmers will have
to tell them more about their business or face a $1,000 fine.
The reason? As noted in our own On The Farm column in these
pages several months back, Vermont is the latest state to
consider requiring farmers to reveal data on such things as
their farms’ livestock and size - laws veterinarians
say could help manage farm animal diseases like mad cow and
foot and mouth in the event of an outbreak, but which small
farmers are weighted against them in the latest push by giant
agribusinesses to take over all markets.
Even though such livestock accounting systems are voluntary
- for now - throughout most of the country, the emotional
issue has small-time farmers worrying about Big Brother and
government intrusion. What worries people are “premises
registrations,” which would require farmers to reveal
the nature of their farm business, their locations, and type
of livestock to state authorities every two years.
The Vermont Agency of Agriculture says the law will simplify
efforts to quickly trace diseases to their source, thereby
avoiding the widespread preventive slaughters left behind
by scourges like avian influenza in Asia and foot-and-mouth
disease in Britain. The proposal is part of a federal effort
to compile a nationwide database of animal identification
tag numbers. But even as calls by US meat consumers grow louder
for more stalwart government safety regulations, many small
farmers are railing against what they see as collusion between
large agribusiness and federal farm authorities to crowd out
the little guy.
I n Vermont, a state known as much for its progressive politics
as for its pastoral provincialism, the number of organic farmers
has more than tripled from 90 in 1994 to 332 in 2004, according
to the Vermont Public Interest Research Group, based in Montpelier.
While the premises-registration program is free, many here
see it as a first step toward the kind of labor-intensive
bureaucratic regulations that could pose huge challenges for
small farms.
At public hearings on premises registration, a common refrain
from small farmers is that the program is simply a veiled
attempt to cover up the dangers of industrial farming.
“Mad-cow disease is the result of these cows being fed
parts of other cows. Cows that eat grass don’t get mad-cow
disease,” says Amy Shollenberger, director of Rural
Vermont, a small-farms advocacy group based in Montpelier.
“The whole point of the animal ID system and the premises
registration program is to respond to these diseases. And
that’s where the corporations win.... They get to make
money off running the program, the databases, and making the
tags.”
State and federal agriculture officials, on the other hand,
say the program benefits everybody. Disease trace-back programs
like premises registration help reassure consumers and foreign
importers of the safety of American beef, they say.
Vermont’s voluntary premises registration program -
a precursor to what may someday become the law of the land
- is separate from a larger federal program managed by the
US Department of Agriculture. The federal plan, called the
National Animal Identification System (NAIS), is also voluntary
and covers three separate elements.
The first is premises registration. As of March, some 235,000
farms had registered nationwide, making up about 10 percent
of America’s producers. A further stage of the NAIS
plan is animal identification. While most farmers already
use tags and numbers to identify livestock, the NAIS’s
animal identification component would establish a standardized,
national livestock registry. The third element of the plan,
animal tracking, would provide investigators with a full history
of each animal’s movements in case of an emergency.
Local Rainfall...
Rainfall during the summer months was either at or below average
levels with the exception of June which saw more than double
the average.
Immediately following the heavy rains, the weather turned
dry for an extended period of time and that could have a positive
or negative effect on crops depending upon what the farms
have planted.
One crop in the Hudson Valley is doing well, though, according
to Neal Needleman, Orange County executive director for the
US Department of Agriculture’s Farm Service Agency.
“Apples are actually one of the bright spots,”
he said. “We’re hearing reports that the apple
producers are very pleased with the yield and the size of
the fruit, so that’s looking positive.”
The recent rains may help those crops that may have been in
trouble before, said Needleman.
Evolving Out?
Evolutionary biology has vanished from the list of acceptable
fields of study for recipients of a federal education grant
for low-income college students. The omission is inadvertent,
said a spokeswoman for the Department of Education, which
administers the grants, adding that the topic would be restored
to the list. But weeks later, it was still missing.
If a major is not on the list, students in that major cannot
get grants unless they declare another major, said Barmak
Nassirian, associate executive director of the American Association
of Collegiate Registrars and Admissions Officers. Mr. Nassirian
said students seeking the grants went first to their college
registrar, who determined whether they were full-time students
majoring in an eligible field.
“If a field is missing, that student would not even
get into the process,” he said.
That the omission occurred at all is worrying scientists concerned
about threats to the teaching of evolution.
Nassirian said people at the Education Department had described
the omission as “a clerical mistake.” But it is
“odd,” he said, because applying the subject codes
“is a fairly mechanical task. It is not supposed to
be the subject of any kind of deliberation.”
“I am not at all certain that the omission of this particular
major is unintentional,” he added. “But I have
to take them at their word.”
Jeremy Gunn, who directs the Program on Freedom of Religion
and Belief at the American Civil Liberties Union, said that
if the change was not immediately reversed “we will
certainly pursue this. Removing that one major is not going
to make the nation stupid, but if this really was removed,
specifically removed, then I see it as part of a pattern to
put ideology over knowledge. And, especially in the Department
of Education, that should be abhorred.”
EPA Sued…
An environmental group has sued federal regulators, charging
that they failed to protect beaches and the Great Lakes from
pollution and that negligence by the Bush administration exposed
swimmers and surfers to potential illnesses. The lawsuit,
filed by the Natural Resources Defense Council in U.S. District
Court earlier this summer, charged that the Environmental
Protection Agency failed to protect the public against the
“substantial adverse health effects” from contact
with contaminated beach-water.
In 2000, Congress passed a law requiring the EPA to update
its beach-water health standards by 2005. The agency missed
the deadline and current standards are two decades old, according
to court documents.
The lawsuit was filed on the same day the group issued a report
that found beach closings due to hazardous bacterial contamination
in Los Angeles County jumped 50 percent in 2005. Across the
nation, beaches were closed or posted with health advisories
20,000 times last year, the report said.
EPA spokesman Dale Kemery did not address the lawsuit, but
said in a statement “the state of the nation’s
beach health remains high, even as the number of beaches monitored
increased by 11 percent in 2005.”
The agency “has made significant progress in carrying
out its responsibilities under the” 2000 law, he added.
The lawsuit asks the court to order the agency to complete
the water-quality studies and publish revised safety rules.
The pollution comes from a wide mix of sources, including
animal waste, factories, septic tanks, sewage, pesticides
and oil and metals deposited on city streets.
Textbook Costs
With the average new text costing more than $100, the typical
student can expect to spend more than $900 a year on books.
In June, the U.S. House of Representatives Advisory Committee
on Student Financial Assistance began an investigation into
the cost of college textbooks, its impact on students and
ways to make them more affordable.
The investigation came in response to a General Accountability
Office report last summer that showed textbook prices rose
6 percent per year on average between 1987 and 2004. That
was twice the overall rate of inflation and almost as high
as the 7 percent annual increase in college tuition and fees.
Congress is concerned about textbooks because nearly half
of undergraduates receive federal financial aid and the cost
of books is one factor considered in making these awards,
the GAO says.
In 2003-04, the average textbook cost $102.44 and the average
student spent about $900 a year on textbooks, according to
the GAO and a separate survey by the CalPIRG Higher Education
Project.
Today, the average book would cost almost $115, given the
rate of textbook inflation.
CalPIRG and the GAO blamed the soaring cost of textbooks on
more-frequent revisions and the bundling of textbooks with
CD-ROMs, workbooks and other products that are often not used.
Bundling increases the initial cost and makes it harder to
sell used books if the ancillary products are lost, broken
or used.
Local Accident
Members of the Shandaken Police Department report a personal
injury automobile accident sent a Shokan woman to a local
hospital early Monday morning, August 21. The accident occurred
when Marcus Lent 57 of Port Crane NY was attempting to make
a left hand turn onto Route 28 from Route 212, due to a large
van making a right turn and the early morning glare of the
rising sun, Lent failed to observe a 1991 Ford pickup operated
by Kristin Wright 17, of Shokan. Wright, who was traveling
west on route 28, attempted to stop but could not and struck
the drivers side door and front quarter panel of Lent’s
1999 Dodge pickup. Both drivers escaped prior to Lent's Dodge
bursting into flames. The Dodge was fully engulfed upon arrival
of police and firefighters, police were assisted at the scene
by the New York State Police and members of the Phoenicia
Fire Department. .
Game Farm??
The Ulster County Environmental Committee has voted unanimously
to call on the U.S. Department of Agriculture to monitor the
auction of animals from the Catskill Game Farm, which plans
to close this fall.
“It’s very easy for an animal to end up in a disreputable
place,” said committee Chairman Brian Shapiro, D-Woodstock.
Shapiro recognizes that because the Catskill Game Farm is
in Greene County, the committee has no jurisdiction over it.
However, he is looking at the closing of the 73-year-old zoo
as a regional issue because so many people in Ulster County
would have visited the Catskill Game Farm during their lives.
The Catskill Game Farm announced earlier this month it would
be closing for good in October, and Shapiro is concerned about
what will happen to the animals afterward. About half of its
2,000 animals, made up of about 150 different species, will
be auctioned by Michigan-based Norton Auctioneers, which specializes
in items from amusement parks and zoos.
The worry is that some of the animals could end up in “canned-hunt”
operations, where people pay top dollar to shoot game animals
at close range, or in poor roadside zoos, Shapiro said. He
said there have been documented cases where former Catskill
Game Farm animals have ended up in canned hunts. Sun Media
Newspapers reported in 1999 that the Toronto Zoo stopped selling
animals to the Catskill Game Farm after it learned some were
ending up in canned hunt operations.
Kathie Schulz, owner of the Catskill Game Farm, said the allegations
are a misunderstanding that stems from her ex-husband, Jurgen
Schulz. Jurgen Schulz ran an importing and exporting business
for exotic animals and because they were husband and wife
the permits for the two businesses were consolidated under
one, she said. However, she insists the businesses remained
separate.
“That’s his business. That’s not my business
and the Game Farm shouldn’t be confused with that,”
she said.
The federal agency will require documentation of who the animals
are sold or given to, spokesman Darby Holladay said in Washington
D.C. However, according to the federal Animal Welfare Act,
that’s where the agency’s control ends.