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Follow Up on the
News
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On
To A Tragic Lawsuit
According to
O’Connor, who won a seat on the Onteora school board
last spring based on her mission “to ensure this doesn’t
happen to any other kids in this school district, or any
other families like ours,” she and her husband braved
the elements to attend a meeting between their lawyer and
attorneys for the school district they are currently suing
for $6.5 million.
The O’Connor family, represented by Steven Milligram
of Newburgh-based Drake, Sommers, Loeb, Tarshis, Catania
& Liberth, alleges that their 5-year old son was killed
by an OCS bus driver whose medical condition was hidden
by a former transportation supervisor.
Kevin O’Connor, a member of the high school football
team, as well as local Babe Ruth baseball, was struck and
killed by a 1990 Chevrolet station wagon owned by the school
district and driven by district employee Paul Bresciani,
62 of West Shokan, on June 18, 2002, while working outside
his parents’ business, Sheldon Hill Forestry Supplies
on Route 28 in Shokan.
Bresciani claimed that he blacked out due to a recurring
problem caused by dizziness brought on by an irregular heart
rhythm, then veered off the road and struck the teenager.
The O’Connor lawsuit, filed in state Supreme Court
a few months after the accident, alleges the district knew
or had notice of the “dangerous (medical) condition
... for a sufficient length of time prior to the accident”
and that former district Transportation Superintendent Michael
Grehl falsified Bresciani’s certification.
A grand jury called in 2005 ruled that evidence in the O’Connor
case did not support criminal charges. In an October 12,
2005 ruling, Judge Vincent Bradley of the NY Supreme Court
weighed a motion by the defendants, Onteora School District
et al, to have the entire O’Connor complaint dismissed
on the basis that the death was the result of a singular
“accident,” and that if it wasn’t dismissed,
that their claims for damages and punitive be dismissed,
against the plaintiff’s motion and cross-motion for
“summary judgment” regarding liability. He denied
all motions, finding, in his six page ruling, that Bresciani
had a history of black outs based on his diabetes, tied
to a continuing sweet tooth, and termed the O’Connor
boy’s death, “a horribly tragic incident.”
The idea of punitive damages was tossed by Bradley based
on his judgment that, no matter the facts of the case, Bresciani’s
actions did not in any way indicate “reckless or wanton
negligence.”
Both the O’Connors and the Onteora defendants, represented
by Michael Catalinotto, Jr. of the Saugerties-based firm
Maynard, O’Connor, Smith & Catalinotto, set the
January 3 meeting in hopes of avoiding a jury trial set
to begin January 9 in Judge Bradley’s court in Kingston.
Cindy O’Connor said on Tuesday that although she was
not at liberty to discuss details of that morning’s
meeting, all parties were now moving to trial.
“The school’s conceded full liability in the
case,” she noted. “They said that everything
in our lawsuit is true – everything we’ve been
arguing for the past three years. They basically said that
yes, they killed Kevin.”
Asked whether she would have to sign off on the suit, or
any decisions regarding settlements or the upcoming trial,
in her role as an elected trustee tied to the defendents,
O’Connor said current Onteora Board President Dave
Patterson has been scrupulous at keeping her away from all
discussions of such matters.
“I don’t really know about that,” O’Connor
said. “Dave calls me to say when they’ll be
discussing the case so I can stay away… and then we
go on to discuss our normal board business.”
O’Connor said her big issue in the case, and in running
for school board last spring, has been to ensure procedures
are followed so tragedies like that which took her Kevin’s
life would never re-occur.
She cried Tuesday after returning home with her husband
from the arduous drive to her equally arduous meeting.
“It’s been a long haul,” she said, noting
that the first court session scheduled for next Monday,
January 9, will likely be taken up with jury selection.
She added that according to her attorney, the whole trial
would likely last between two and three weeks.
A
Judge’s Unfond Farewell
Olive's request
for a formal opinion, based on state vehicle and traffic
law, asks if the City can apply their own laws to roads
physically located in Olive without consulting the local
town board. It includes a copy of the New York City code
received from the DEP to authenticate their authority and
a full copy of the state regulation the DEP abbreviated
in their response to Olive's FOIL request for that information
in 2005. Although Graham's letter contains some apparent
errors concerning Olive's own 55 mph speed limits, it clearly
addresses a yet to be resolved conflict in motor vehicle
and traffic law procedure.
Such questions of sovereignty and jurisdiction were echoed
in the remarks of Olive Justice Vincent Barringer this week
as he vented pent-up frustration concerning the judicial
censure handed down to Olive Justice Ron Wright and himself
earlier this year.
"What bothers me most, I think, is the 35 mph speed
limit," said Barringer, having completed his term as
judge at year's end. "Two or three years ago, (Judge
Wright) and I tried to determine the legality of their speed
limits and I called the (DEP) corporate counsel in New York
City. When I called back a few days later, (corporate counsel
member) Melissa Siegel assured me that 3 out of 4 of their
lawyers felt that the City was wrong and Olive was right
on the issue. Judge Wright contacted the State to find out
if it had ever been posted with the DOT as a 35 mph zone
and there was nothing in the book for it."
Barringer asks who could have written a law that says an
outside municipality doesn't have to go through Olive's
own system to change speed limits in Olive. He also points
out that 28A is also improperly posted- that the number
and positioning of the signs fail to meet specifications
of state law- one reason he decided to dismiss speeding
ticket on that road. He said that there is not one passing
zone in the 19 miles of 28A between West Hurley and Boiceville,
a circumstance he feels many local residents consider unreasonable.
First elected judge in 1970, Barringer served for 4 years
before running unsuccessfully for town supervisor. Two years
later, he won election to the office and served as supervisor
from 1976 through 1981 when he campaigned for a seat on
the county legislator and was defeated. He was again elected
as town justice in 1985 and held that position until his
retirement in December.
Looking back, Barringer, who worked 32 years for the City's
DEP- from 1960 to 1992- including 12 years as their District
Supervisor, says that he doesn't have any problem with the
City of New York but directs his ire toward two locally
posted DEP officials. Citing a list of statements the pair
have made which he characterizes as dishonest, Barringer
has an abundance of details concerning elements of his censure
last year which involve one of the DEP officials and other
charges brought against him (which space does not permit
outlining here.) He does concede fault in taking part in
the Monument Road "broken treaty" protest in 2004,
although without use of his official title. "You lose
most of your First Amendment rights as a judge," he
admitted, and he shouldn't have expressed his personal opinions
at a town board meeting on the issue as well; another charge
in his censure.
Although he still feels other charges brought against him
in the censure were "wrong" and that he "had
no real opportunity to prove that," Barringer doesn't
stress bitterness in leaving office. He believes some policies
of the DEP police, who vastly outnumber local law officers,
are unwarranted in a small town but he can reflect on the
many good will relationships he forged with individual DEP
officers over the years. As a private citizen, he's willing
to discuss details of the inter-municipal dealings of Olive
and the NYC DEP he's kept almost mum about. Almost.
"I think the only reason I've been called crazy, is
that I'm not afraid to tell the truth," Barringer said.
Ashokan
Campus To Close?
“The facts of the Freeman article were correct,”
said Neu, “but not the headline, which said Ashokan
has been sold. It’s created a lot of panic, but nothing
is going to change in the near future. Schools and weekend
and summer groups have been calling asking how soon things
are going to change. In fact, the camp would take ownership
around this time next year, and it may not happen at all.”
Circle of Life has agreed that Ashokan’s existing
programs will continue to operate, and all current staff
will be retained, but Neu said there is no guarantee how
long that situation would continue.
Neu, who has worked for AFC for 24 years, would prefer to
see the facility remain in the hands of SUNY-New Paltz.
“SUNY has the reputation for being one of the best
universities in New York, and we have the reputation for
being the number one outdoor education facility in New York.
It’s a good match. They should be proud of what we’re
doing and proud of our affiliation. I’m enthused about
the mission of Circle of Life, but there are a lot of variables.
If they fail to get a viable business going, the property
could be up for sale again. They’re making promises,
but there are no guarantees. There’s security for
the property and the employees in being affiliated with
SUNY, and for those reasons, I wish the relationship would
continue.”
Dr. Alicia McAuliffe-Fogarty is a child health psychologist
who has had diabetes since the age of ten and founded Circle
of Life when she was eighteen. The organization’s
website notes that there are virtually no facilities for
children with diabetes that address both their complex medical
needs and the psychological issues involved in living with
strict medical requirements that often exclude children
from experiences such as summer camp. The not-for-profit
organization has been offering a program integrating medical
and social services for children with diabetes since 1996.
The website states, “Currently, the camp rents a facility
for two weeks to host two camp sessions for 50 campers (ages
8-15) and 10 counselors-in-training (ages 16-17) each session.
With a year-round permanent site, the Circle of Life Camp
would offer eight week-long sessions of camp over the summer,
hosting 60 campers and 10 counselors-in-training each session,
offering our services to over 550 children each summer.
The camp would also expand its programming and offer four
winter weekends and two week-long vacation retreats for
children and their families throughout the year.”
AFC is owned and managed by Campus Auxiliary Services (CAS),
which operates such facilities as the campus bookstore and
student cafeteria at SUNY-New Paltz. According to a memo
to students and staff by CAS director Steve Deutsch, Circle
of Life made an offer of more than the appraised value of
AFC, and the CAS board voted 6-0 in favor of selling. “We
got a fantastic offer,” Deutsch said by phone, “both
in terms of a match with the goals of SUNY, Ashokan, and
Circle of Life, and a good financial offer.”
Deutsch’s memo notes, “The facilities at Ashokan,
which include an administration building and a number of
bunkhouses, are outdated and sorely in need of renovation
– the cost of which is estimated to be between $1
and $2 million. Other camps that we compete with for similar
outdoor educational programming have more modern
facilities, which can make it difficult to attract business.”
Neu said programs for SUNY students account for about five
percent of the facility’s income. First priority and
special pricing are given to the twenty or so student groups
that hold programs at AFC, such as the student senate retreat,
leadership training for dorm leaders, and a five-day “Art
and Nature” program held this fall. “It’s
not used heavily” by SUNY, Neu acknowledged, although
he feels there is potential for greater use, and he hopes
to develop more programs for the university students, although
he worries “it may be too little, too late.”
Deutsch said there are two facilities close to the New Paltz
campus that have expressed interest in offering outdoor
experiences to SUNY students. Brook Farm is a four-acre
teaching farm a mile away, and nearby Mohonk Mountain House
has an extensive outdoor education program.
Throughout most of its forty-year history, AFC has had an
amicable relationship with the SUNY administration. “We’ve
always been a little sideline thing, we made money and were
not a burden and were available for their use,” said
Neu. However, the current president of the university, Steve
Poskanser, came on board just after 9/11, when business
at AFC dropped precipitously for about two years. Since
2003, schools and other groups have resumed their visits,
and Neu said the campus has completely revived to pre-9/11
levels, but the two-year financial loss made the new administration
doubtful.
“They questioned whether we were serving the needs
and mission of the main campus,” said Neu. “But
they might be missing that we serve a much larger community.
There is a lot of good will generated by the school programs,
the retreat business, the summer music and dance programs.
The university’s core mission is education, and that’s
what we’re about. We’re seeing an alarming disconnect
of kids from nature. That’s one of the reasons it’s
hard to attract SUNY students to make the 45-minute drive
to Ashokan.”
Neu feels that AFC’s role in fostering a connection
with nature and history is beneficial for the SUNY students
and for school groups that attend regularly. Local elementary
and high schools send classes to the campus for day programs,
while school groups from as far away as Long Island visit
for three to five days at a time, supervised by AFC staff,
who teach colonial crafts, forest and pond ecology, orienteering,
Native American lore, cooperative games, living history,
and other programs. The staff positions provide jobs for
outdoors-oriented young people just out of college. At least
two former AFC counselors are now teaching in the Onteora
school district.
Groups that hold retreats at the center range from “blacksmiths
to Girl Scouts,” said Neu. AFC’s working blacksmith
forge provides training for professionals and non-professionals
in the field. There are programs for Native American groups,
yoga and religious retreats, and four to six Girl or Boy
Scout weekends per year. Each summer, Jay Ungar and Molly
Mason hold three weeks of music and dance programs, with
up to 170 people per week attending. Wayfinder, an outgrowth
of Adventure Game Theater, has begun holding summer sessions
at AFC. Programs for teachers occur several times a year,
with weekends focused on curriculum and skills for teaching
outdoor education.
With a new marketing manager, Neu hopes to expand the campus
offerings still further. This fall’s Harvest Festival
was a big success, he said, with high attendance from the
community, and a Winter Weekend is planned for early February.
“I’m also hoping we can shore up our relationship
with the university. It may not be too late. Through the
years, there’s been other talk of the campus being
sold, but it’s never come to fruition. Now that the
news is public, there may be enough dissent to change the
direction this is currently heading.”
Neu’s biggest fear is that if Circle of Life is not
successful in running the facility as a business, they will
end up having to sell the property to a buyer that would
not maintain the current programs or mission. “There
are deed restrictions and conservation easements that make
it more difficult and less attractive to anyone hoping to
develop the land. But it could happen, and it would be a
tragedy for our future generations to lose access to this
Catskill gem called Ashokan.”
More...
...Or Less
Speaking of names, you know you live in a close community
when you can play “Name that Banker” at the
Wilber National Bank in Boiceville. Roy, Alice, Millie,
and Hermelinda (Mel) prove that a visit to the bank, like
a trip to the Boiceville Supermarket, can be a social occasion
as neighbors exchange pleasantries as well as legal tender.
Shopping in Olive is more than an errand. It is a return
to the Agora, the market place of the ancient world where
neighbors networked and exchanged goods and gossip.
After braving crowds of nameless shoppers returning presents
at the Mall, I am reminded that locally we have some pretty
neat places to buy gifts right here at home. The big purple
Berry Patch and the Wren’s Nest in Shokan, SEW in
Boiceville and Creative Spirit in Olivebridge offer unique
and tastefully selected items. If you missed them for the
holidays, visit them for the after-holiday spending.
Shopping and spending reminds me to my annual New Year’s
Resolutions. I love a bargain, and I resolve not to buy
something on sale that I did not like or need in the first
place. I no longer write new resolutions, I just repeat
and recycle the old ones that somehow never make it beyond
March. All resolutions can be sorted into two columns marked
LESS and MORE. I need to eat less and exercise more. I need
to write more letters and forget fewer birthdays. I need
to shop less and give away more. I need to be less critical
and more compassionate. I need to smile more and whine less.
I need to appreciate what I have more and be less envious
of other people’s “stuff.” I need to live
in the moment more and worry less about tomorrow. As Thornton
Wilder said, “My advice to you is not to inquire why
or whither, but just enjoy the ice cream on your plate.”
So those are my resolutions, more or less! Eat that ice
cream on your plate before it melts.
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