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Is The Coalition Our Ally?

At a special meeting Monday night, only Robert Cross Jr. of Shandaken voted against the idea. The issue was whether or not the Coalition was within the parameters of its mission statement if it decided to consider a request from the towns of Olive and Neversink to ask the State legislature to amend the large parcel law. According to Olive’s Bruce LaMonda, his town wants New York City reservoirs to be excluded from the law. Currently those reservoirs are included, and as a result both towns stand to be hit with major increases should the surrounding County’s and school districts chose to use the law.
Coalition Attorney Jeff Baker reviewed the group’s mission statement and said that in his opinion large parcel is something that does not fall within the statements parameters.
Taking a position one way or another on large parcel, Baker said, “Is not within the scope of what the Coalition was set up to do.”
But LaMonda fought back. “I totally disagree,” he said, and launched into a tirade against large parcel. Committee Chair Pat Meehan had to remind LaMonda that the issue was whether the Coalition should involve itself in matters beyond that are related to the watershed deal and/or the New York City DEP.
The Committee didn’t decide anything Monday other than to agree they would consider it, but it was clear that all involved, except Cross, are ready to send that message to Albany, despite fact based warnings from Cross and Woodstock Town Supervisor Jeremy Wilber. Both say the law as it stands now evens out the school taxes in districts like Onteora, where several towns are. Olive, they say, has been under taxed for decades thanks to the City of New York paying taxes for its Ashokan reservoir, valued at $340 million, to the town instead of directly to the school district, which is what the law would require.
Frank Bachler, Supervisor of the Delaware County Town of Meredith, led the way for the rest of the committee, saying he was appalled that some towns like Shandaken and Woodstock in Ulster County would even consider doing something to another town that would cause taxes to jump by over 50%.
“Delaware County would never do it…. I just think its wrong,” he said.
Bachler said the way he reads the Coalitions mission statement the Coalition can get involved with any watershed issues it wants to.
This one he said is “very divisive,” and needs the Coalition’s attention. All but Cross agreed, again claiming that Olive has had a tax break for many years.
Middletown Supervisor Len Utter said Olive’s not to blame for that good fortune.
“It’s the luck of the draw,” he said. “A house in (the Delaware County town of) Colchester pays about a third of what my house (in the Delaware County Town of Middletown) pays in taxes. I don’t hold that against them.”
The decision, however, may bring repercussions. Committee Chair Patrick Meehan said that the new interpretation of the Coalition’s mission might open the floodgates for all sorts of special interest groups or individual municipalities to seek the Coalitions support for a variety of causes. Until Monday the Coalition was seen exclusively as an advocate of the watershed region, created solely to battle its arch nemesis, the New York City Department of Environmental Protection. That Department holds considerable power in the region and has the authority to impose regulations.
In fact it was just such a circumstance in the early 1990’s, when the Department announced plans to severely regulate land use in the region, that the Coalition was formed. Then the Coalition was the voice of a unified group of over 50 watershed communities that successfully spoke out against the over regulation. Now, Meehan noted Monday, the Coalition is using its power to help some watershed communities at the expense of others.
“It’s a Pandora’s box,” Meehan warned.
Cross predicted that as a result of Monday’s decision the Coalition could now expect Shandaken residents to come before the committee and ask it to get involved in all sorts of issues.
“You can deal with it if you want, but I’m telling you they’re gonna be here,” Cross warned.
In response Meehan said, “Well, I guess these meetings are going to get more entertaining than have been in the past.”
Evidence of turmoil to come was seen immediately after the meeting when Bachler was embroiled in an argument with Wilber over the large parcel issue.


Calling In The Feds Now

While City officials say they welcome the Corps input, they don’t expect to close the Shandaken tunnel until they want to. Shandaken officials complain the tunnel is shooting water into the Esopus full blast and fear it will cause flooding when combined with the natural forces that have been hitting the region with more and more regularity
The DEC conducts mandatory inspections of these high hazard dams every two years and in between such inspections, The City’s Department of Environmental Protection conducts periodic inspections of the dams.
Hinchey has been getting lots of calls from watershed dwellers lately. They wonder, he said, if their property is safe after hearing recent news that at least one New York City owned dam in the Catskills is in bad shape, and others may not have been inspected properly.
Hinchey wonders too, and while he said his confidence in New York City’s ability to take care of these problems and prevent others isn’t completely shaken, he thinks they could use the expertise of the Army Corps of Engineers as they take on the task.
While lauding recent steps taken on the State level to hold inspections annually instead of every other year, Hinchey said he was alarmed by recent reports that City officials allegedly fudged routine dam inspection reports. Regardless, Hinchey says the Army Corps would be invaluable asset.
"With the support and expertise of the Corps, it is my hope that the NYSDEC can increase the frequency and scope of dam inspections within the watershed, provide greater scrutiny of (New York City’s) inspection process and allay the fears of watershed residents," Hinchey wrote in a letter to Lt. General Carl A. Strock, Commander of the U.S. Army Corps of Engineers, in Washington, DC. "Initial discussions with NYSDEC indicate a willingness to partner with the Corps on this matter.”
Apparently, the Corps New York District office is not permitted to get involved without permission from its Washington headquarters.
They have been involved however in related matters as recently as last fall, when they were invited to work with the City’s Department of Environmental Protection on repair plans for the damaged Gilboa dam in Schoharie County.
“Yes, the Army Corps was involved with the Gilboa Dam situation. They took part in a workshop on the subject and reviewed the City's plans for stabilizing the dam,” said Ian Michaels, a spokesman for the Department of Environmental Protection. “The Corps will also be involved in another Gilboa workshop in February about the anchoring cables that are going to be installed.”
Hinchey has also gotten Congressional approval for a complete study of the watershed. He is working to get the funding for such a study, which he says is the first step toward ensuring the long-term integrity of the dams and prevent future flooding.
He said that so far New York City has only been concerned with supplying drinking water to downstaters. Now is the time, he added, for the City to prioritize flood prevention as well. Hinchey believes that within the next decade the entire water supply system should re-engineered with flood prevention issues in mind.
In a January 9th letter to Hinchey, the Commissioner of the Department of Environmental Protection said her agency is ready to work with any Federal level agencies on the problem.
Commissioner Emily Lloyd wrote that she appreciates the offer to help to minimize the impact of work at the Schoharie reservoir on communities along the Esopus.
“DEP looks forward to working cooperatively with any federal agencies that you identify which might have expertise or assistance to provide,” said Lloyd.
However, Lloyd also says they won’t shut the tunnel anytime soon. She said the need to reduce water levels in the Schoharie is critical so it would be imprudent to limit flows through the tunnel while there is a heightened risk of failure at the Gilboa dam.
The dam is supposed to be stabilized this spring, and Micheals has said that once that’s accomplished the tunnel issue can be reconsidered. In an attempt to reduce concerns about possible flooding related to the tunnel, Lloyd disagreed with the many residents along the Esopus that blame her agency for flooding and claims that the wide open tunnel only adds three and one half inches to the Esopus just as it’s about spill its banks. That, however, is in Boiceville where the nearest flood gauge is. Lloyd admits the levels upstream from the gauge are “clearly more pronounced,” a remark that made Shandaken Supervisor Robert Cross Jr. chuckle.
Cross said Monday that any claim that the tunnel doesn’t significantly contribute to flooding is preposterous. Cross, whose office is a quarter mile upstream from the tunnels outlet, said the Esopus is at the highest level he’s ever seen at this time of year. His own estimate is that the tunnels discharge is adding up to two feet to the elevation of the Creek in town.
“We are more vulnerable to flooding than we’ve ever been before,” he said.
As far as the Army Corp. is concerned, one major trouble spot on the Esopus is above the tunnel where the Creek threatens to take out Town Hall and Route 28. Its such a concern that it might be one flood prevention project thing will happen sooner than later.
Hinchey said a plan of the Army Corp. is underway to stabilize the Esopus Creek just upstream from Shandaken Town Hall.
The trouble spot is on a sharp bend in the powerful creek.
A severe storm in early April 2005, coupled with the effects of the spring thaw and heavy rains days earlier resulted in a hundred year flood event throughout the Watershed and most of Ulster County. Damage to property caused by the storm, said to be worst in decades, was in the tens of millions of dollars. Since that event, the bank of the Esopus has been rebuilt behind town hall with earthen fill and rock, but whether it can withstand another major flood remains unclear.
Shortly after the April flood Hinchey toured the flood-damaged areas and then called for a federal, emergency declaration, which subsequently was given. At Hinchey's request, the Army Corps of Engineers at the time inspected several sites throughout Ulster County to determine an appropriate course of action that they could follow and reported back with a proposal that would involve a restoration project in Shandaken where the Esopus Creek is threatening the town hall and route 28.
This project may dovetail with other Army Corp efforts. In 2004 the New York City Department of Environmental Protection performed the first phase of an assessment of the Esopus Creek. That information is now in use as a foundation for further investigation to evaluate the conditions of the streams overall health, identify areas of concern and propose recommendations to address those concerns.
According to Jeremy Megliaro of Cornell Cooperative Extension, which is working with the City on the Esopus Creek assessment, it is actually Dr. Craig Fischenich of the Army Corps. Research and Development Centers Environmental Laboratory that’s overseeing the assessment. That assessment will be completed in the fall, Megliaro said Friday.
“It’s a priority site for the town,” Megliaro said. “The town has been in contact with the Congressman’s office about it.”
While the City works primarily from a position of providing pure drinking water for downstate consumption, Hinchey said last week that City officials should begin weighing flood prevention measure with equal importance.
Hinchey will be pursuing funds this year for the project. An estimate was not immediately available.


Two New Tax Exemptions
In Local Law No.1, Chapter 142-5 of the Olive tax code relating to seniors was amended to set a 50% exemption against assessed property values on households with annual incomes up to $24,000. Each additional $1,000 of income up to $27,000 is permitted 5% less in exemptions or, for example, $24,000.01 to $24,999.99 is allowed 45%, $25,000 to $25,999.99 receives a 40% exemption and $26,000.00 to $26,999.99 gets 35%. Further exemption rates are as follows:
$27,000.00 to $27,899.99 = 30%; $27,900.00 to $28,799.99 = 25%; $28,800.00 to $29,699.99 = 20%; $29,700.00 to $30,599.99 = 15%; $30,600.00 to $31,499.00 = 10% and $31,500.00 to $32,399.99 can take a 5% exemption. Incomes of $33,000 or above are ineligible for local real property tax exemptions.
In Local Law No.2, it is noted that the highest dollar amount exemption for veterans of military service allowable under New York State Real Property Tax Law is $180,000. The Olive law recognizes changes in the Real Property Tax Law Section 458-a to set maximum exemptions against assessed value at 50% ($90,000), 15% ($27,000) and 10% ($18,000) depending upon the individual veteran’s standard of eligibility.
At a public meeting earlier that day, Terry Breitenstein, Director of Ulster County Veterans Svc. Agency, explained the changes to a packed meeting hall on Bostock Road. He advised veterans to file their applications for exemptions prior to March 1st, although impact statements regarding to the town reval in progress will not be available until later in that week. He also noted that some local veterans whose exemptions surpassed their local tax bill in recent years will now find themselves owing taxes they have been unaccustomed to paying.
“Many of the vets in low assessment areas have not been paying property taxes,” Breitenstein said. “When the reval is finished (in Olive), the type of exemption that’s available now doesn’t carry the weight that the old one did. Primarily, everything is based on assessments- which is now as it should be. It’s called a tax exemption’ and I’ve fought for years to make it exactly that. What is should be is that it should have a dollar amount. If you served in the military, regardless of what time period it was, you should get an X-amount tax exemption. If you served in combat, it should be double that. If you have a service-connected disability, you should get an additional percentage off. This should be addressed by the state legislature.”
The exemption amounts currently available to veterans against real property taxes on their primary residences (where they live for six or more months a year) vary according to individual’s military experience. A qualified property can generally receive an exemption equal to 15% of its assessed value. Service in a combat zone qualifies a vet for an additional 10%. A service-connected disability qualifies a veteran for “an additional exemption which is equal to one-half of the disability rating multiplied by the assessed value of the property.”
These exemptions are subject to the maximum limits set by the municipality which, in Olive and in Ulster County, are in accord to the maximum allowable by state law or $180,000 but veterans should check with the local assessor, the Ulster County Real Property Tax Service Agency at 340-3490 or the Veterans Svc. Agency at 340-3190. Additional information and applications for Alternative Veterans Exemptions are available from the above sources and contain Time of Service charts to help determine which combat exemptions are available to veterans. [For example, holders of an Expeditionary Medal from actions in Lebanon (1983-1987), Grenada (Oct. 23, 1983-Nov.21, 1983) or Panama (Dec.20, 1989-Jan.31, 1990) would be qualified only for exemptions up to 25%.]


A Jar Of Olives...

Who could forget Stork at this time of year? He would give us a double-toot as he came by on the County plow or truck. He’s the man, who when he was Olive’s Dog Warden, found a home for a deserted Beagle that we adopted and named Bagel. He was the man I won at an American Legion picnic. He had volunteered himself as a raffle prize to give an eight-hour day’s work of the winner’s choice. I won Stork; however, the prize smacked of slavery, so I let him off his promise. He showed up the following Saturday anyway, and he, Bruce and I stacked firewood for a few hours that fall morning.
Speaking of firewood, this year’s pile is dwindling reminding me that it only has to last another month and a half. The weather has been so erratic. Our January thaw has been sliced into balmy days that appear every three days or so after Arctic Clippers announce that, yes, we are still in winter. It’s a messy time of year. Ashes from the woodstove settle on every surface; windows are closed and the air feels overused and stagnant. Puddles of melted snow or tracked-in mud mark doorways, and boots and gloves litter chairs and benches.
To chase away the winter cabin fever, we need to hit the slopes and get together with friends for any reason we can think of to socialize. For example, there are some Lost (Wednesday night’s prime time adventure of survivors of a plane crash) groupies who have pot-luck dinners before the television show or have follow-up discussion groups to figure out what’s going to happen next. Jeanne Davis and Judy Iapoce are two of these Lost devotees. So am I!
Another place to go would be the Shandaken Theater’s production of The Diary of Anne Frank. Our own Linda Burkhardt plays the irascible Petronella Van Daan, and my student, Sylvia Gorelick, stars as Anne Frank. The STS has planned a special performance for the eighth grade on February 16. Since the play and Holocaust study are a part of the eighth grade curriculum, the cooperation of school and community provides students with live drama and a boost to learning.
Last Sunday I attended the Convention that was held at Hillside Manor for the purpose of honoring Harry Castiglione, who is retiring as Democratic Election Commissioner, and nominating John Parete as the successor to fill out Harry’s remaining term. John received a unanimous nomination and was commended for his leadership as Democratic County Chairman. Ulster County is an extensive geographic area, so it’s comforting to have a strong voice come from this “neck of the woods.”
Have you met Veronica, John and Cassidy Lohrer? They moved here from New Jersey to Boiceville to bring their daughter up in the best place possible.
Cassidy’s grandpa, Billy Lohrer, asked me to mention that Olive’s fire department responded to 283 calls in 2005. When they are answering a fire call, most volunteer fireman activate blue lights on top of or inside the vehicle. First aid responders and emergency vehicles have green lights. Although it is not a law, it is common sense and courtesy to pull over and let them through. Amber lights are used by vehicles who are snow plowing to let traffic know they are working and to be cautious.
It is surprising how many people do not know how to report a fire or emergency. Even children should be taught to dial 911 and have the fire number memorized. I know it’s on a red and white sign right outside your house on a tree or pole, but if it’s dark or the power is gone, it wastes time to go run outside with a flashlight to write down a four- digit number. In times when minutes count, locating a number and giving an address slows down the response.
Power outages are too commonplace these days in Olive. As I type this on a battery- operated laptop, I recall that today’s outage is adding insult to injury when we, in Shokan, were out thirty hours one weekend and twenty-eight the next. Here we go again. I’m off to find candles and flashlights.