One Review Or Two?
The papers filed by Gerstman on behalf of CPC ask for release of a draft DEC Unit Management Plan for expansion of their ski area which has been referenced throughout the resort's DEIS as well as by officials at Belleayre Mountain throughout the past year.  A request to DEC to inspect a copy of that plan under the federal Freedom of Information Law (FOIL) on March 24 was turned down in a May 21 letter from DEC, stating that, "staff has determined that these records are intra-agency documents which are not statistical or factual tabulations of data, instructions to staff that affect the public, or final agency policy or determinations." An appeal of that denial is pending.
In his motion to the DEC, Gerstman bases CPC's argument for access to the Belleayre Mountain UMP on the fact that "extraordinary circumstances are present due to the Commissioner's unique role in evaluating the significant adverse environmental impacts of two interdependent related actions, one of which is a DEC initiated project."                                                                                   Answering affirmations by both DEC and Crossroads deny any interdependence between the projects.
Gerstman also cites clauses within state environmental law that require the lead agency on environmental reviews, as DEC is in the case of the Belleayre Resort, to evaluate "cumulative impacts" of projects within close geographic proximity, common impacts, and similar construction time-frames.  Among evidence cited are a series of local newspaper accounts of statements and presentations made by Belleayre Mountain Ski Area Superintendent Tony Lanza last winter regarding the expansion promised imminently in the DEC's new UMP, and for which funding appears to be available in the 2005 state budget.  According to Gerstman's filing, "the department staff are asking the Commissioner to ignore her own department's actions which directly implicate the environmental impacts associated with the project. Such a position is contrary to the Commissioner's responsibility pursuant to the Environmental Conservation Law.
Also quoted in the filing is Crossroads Ventures' DEIS, where it states the developer's intention to "bring to fruition the creation of a four season world-class Resort associated with the Belleayre Mountain Ski Center as contemplated in the state and regional planning studies over the last 40 years." Gerstman also quotes the DEIS as saying "In order for the ski center to truly function at the level of the proposed Resort (and not, in fact, detract from the resort's marketing orientation), a major redevelopment of the lodges and other supporting facilities should be completed. Although the facility is currently state-owned, the current management team appears to be aware that a major upgrade will be necessary for the Ski Center to function in this regard."
As for the DEC's plans for its Ski Center, Gerstman quotes the DEIS as stating that the unreleased UMP calls for increased snowmaking capacity, adding parking spaces, expanding lodges, and constructing new ski trails." Statements by Lanza over the last two years record him stating similar things, while noting on several occasions that the release of the UMP was imminent. Lanza was quoted in this newspaper on January 22 of this year in fact, saying that he was expecting the final UMP to be released to the public "within 60 days."
"DEC, in its dual role as lead agency for the project review  and the proponent of the BMSC expansion has acted contrary to the interests of its mandate to protect and preserve the State's natural resources by denying CPC access to the records in question," Gerstman summarizes. "It appears that DEC is seeking to avoid the complications of a combined environmental assessment of the two projects."
Additionally, Gerstman's filing includes an August 19, 2003 internal memorandum from DEC Commissioner Erin Crotty, that appears to formally adopt the new Belleayre Mountain expansion plans. According to that document, "the UMP Amendment is consistent with the State Constitution, the Environmental Conservation Law, rules, regulations, and Department policy. The plan includes management objectives for a projected management period and is hereby approved and adopted."
As of press time, DEC had not returned phone calls requesting comment on the Motion for Discovery filed by CPC. Answering Affirmations filed both Crossroads and by DEC lead counsel and Assistant Regional Attorney Carol Krebs seek denial of the discovery motion. A decision by Judge Wissler is expected by the end of the month. 
In other major developments at the hearings, the towns of Shandaken and Middletown along with Delaware County, which all recently passed a Coalition of Watershed Towns resolution indicating they were not taking a position on the proposed Belleayre Resort project, now appear to have reversed position, and are supporting the project's developer in its effort to eliminate further discussion of alternatives to the project as proposed, including reductions in its scale.
Arguing at last Thursday's hearings in opposition to the need to consider alternative-build proposals, the attorney representing all four entities above in the proceedings, Kevin Young of Young Sommer, LLC, pointedly dropped any appearance of neutrality on the project with an impassioned appeal to Judge Wissler on behalf of developer Dean Gitter. Elaborating on a published letter he read into the record from Delaware County Economic Development Director Len Neil, Young said:

"We've looked at it, we've studied it, and we NEED a destination resort∑Marriott and the big guys, they're not coming here, " said Young. "So here's a person, he's local, and he's willing to come here and he's willing to make a capital investment∑What we look at is, is it a viable project? The way the applicant's done it is the way we as an involved agency would want to see it done."
The Marriott Corporation is one of several large resort companies listed by Crossroads as a potential future operator and co-owner of the project, should permits be granted for its construction.    
Young's remarks came in the wake of a withering analysis of the methodology used in the DEIS to assess the resort project's viability as an investment by Columbia University professor and H,R & A principal Dr. John Altshuler.  Altshuler, who testified on behalf of the Catskill Preservation Coalition, was a principal author of the landmark 1998 study of the region commissioned by the Catskill Watershed Corporation, and is widely regarded as one of the leading economic development experts both nationally and specifically on the Catskill region.
"The only way to rationally understand viability is to look at the capital structure from the point of view of the people who are actually providing the capital, which the current analysis does not allow us to do," said Altshuler. "The form of analysis is a different one than I would use or a different one than I would accept∑ It's impossible to tell whether (the project) is economically viable."
According to Altshuler, the "fundamentally circular" logic in the DEIS concludes that  "the only alternative worth examining is to build a world-class golf destination", a scenario he called "highly unusual" for a mountainous 2,000 acre property.  Crossroad's own expert witness Eric Baum of HVA International, who characterized Altshuler's analysis as  "an awesome job"; also described the resort project as an "extraordinarily risky" investment whose feasibility is "kind of marginal."
Altshuler also stressed the need to consider "lower build, less capital intensive" alternatives because they "make more sense" from the standpoint of viability, saying he didn't think the DEIS "looked at (lower build) alternatives at all."
According to the Catskill Preservation Coalition, the DEIS' alternatives analysis is deficient because it both fails to provide adequate alternatives analysis, and it fails to take a "hard look" at the issue as required under the state Environmental Quality Review Act (SEQRA.)
The Coalition of Watershed Towns, Delaware County, and the Towns of Shandaken and Middletown also took a position mirroring that of the developer, concerning the lack of any need to adjudicate issues related to the project's effect on the character of its host municipalities.  
"Our position is that community character is not a proper issue for adjudication" said  Young's partner and co-counsel, Jeff Baker, speaking for Shandaken and Middletown among his other clients.  Baker's conclusion, made last Wednesday, preceeded by a day the extensive presentation on community character impacts  by Mary Kopaskie of Peter J. Smith & Associates, on behalf of the Catskill Preservation Coalition.  Kopaskie cited significant data errors in the DEIS including incorrect population growth, employment, and income data as well as omissions such as the failure to include the impact of 15 heavy trucks per hour, 10 hours per day for five years in its traffic projections. Kopaski's report also took issue with a range of what she characterized as underreported visual, noise, and land use impacts, socio-economic issues including housing, job creation and salaries, and the need for local services and other secondary growth impacts.
The issues conference resumes on June 18 at the Margaretville fire house with further consideration of traffic issues.  

Second Round... 

 At Monday night's budget hearing, trustees and administrators outlined their second proposal, which incorporates cuts to administration and special education, made in response to public complaints about expenditures in these areas. After the meeting, trustee-elect David Patterson said that the board was making progress in questioning costs and that, while he felt there was room for improvement, he would vote for the new proposal. Several parents continued to express frustration and skepticism over administrators' responses to their questions, but the atmosphere was subdued and the audience scantier, in comparison to the hearing for the previous budget proposal.
Business administrator Chuck Snyder presented a detailed comparison of Onteora's spending with the expenses of other Ulster County school districts, all of which have lower per-pupil costs. The break-down, which will be posted on the district's website, showed that Onteora's comparatively highest expenditures are in the areas of staff salaries and benefits, transportation, and special education. High transportation costs were attributed to the large geographical size of the district.
Addressing the special education costs, pupil personnel services director Barbara Boyce said that when she began to implement inclusion of special education students in mainstream classrooms, in response to federal and state mandates in the late 1980's, parents of regular students were concerned that the quality of their children's education might suffer. In response, Boyce said, "I made a promise that I would not Œdump' students. But it is cost-intensive." Her model involves the use of consultant teachers to accompany students with special needs in regular classrooms. She pointed out that these teachers also help regular students in those classes who have learning disabilities.
Trustee Kathy Hochman, a special education advocate, said her experience in the region shows that Onteora's approach, while more costly than those of other districts, results in a higher rate of students with special needs obtaining Regents diplomas. Administrators have planned, for next week's meeting, a presentation comparing the performance of the Onteora's regular students with those of other districts, suggesting  that the higher teacher salaries attract high-caliber staff, resulting in better test scores and graduation rates for students.
Patterson, who campaigned on a platform of fiscal responsibility and will take office in July, stated that although he didn't feel the administration had justified the costs in detail, "I believe the board is making the right strides and beginning to ask specific questions regarding costs. We're not that far away from a contingency budget. A lot of transitions are happening, we'll have a new superintendent, and I'm coming onto the board. I've asked a lot of questions from the podium, and I'll keep doing it. We need a tourniquet, but they've put on a pretty good-sized band-aid." When asked whether he would recommend that people vote for the budget, he said "They should make a decision based on how they feel." But he acknowledged that he would vote in favor of the new proposal. "This is the first time I've publicly told people how I'll vote on something. But to go for a contingent budget is not a direction to take."

            Superintendent Hal Rowe took on the issue of the West Hurley Elementary School closing, saying that many parents have incorrectly quoted the figure of $361,000 as the savings due to the closing, while the number is actually considerably higher. Besides the savings on a principal and support staff, the closing also eliminates special area teachers (art, music, library, gym), special education teachers, and academic intervention staff, for a total of $581,000. Keeping the school open would involve an additional $100,000 for the hiring of custodians to replace two retirees. He added that the savings would be repeated year after year, as long as the district is not operating the school. Hochman added that there is also the possibility of revenue from renting out the building, as the board intends to do.
            Parents asked how much costs will be for renovating the Woodstock Elementary School interior and parking area to accommodate the influx of students from West Hurley, but Snyder said they have not yet been determined, although discussions have begun in the Facilities Committee. Parent Darlene Griffin asked where the money will come from and whether the cost will negate the savings from closing the West Hurley school. Snyder replied that the cost would be a one-time expenditure, as opposed to the yearly savings for the closure.
            Griffin expressed anger over the lack of a finalized plan for the allocation of space within the Woodstock school and over the possibility that her child will be "taking Reading Recovery in a closet with no windows." Board president Marino D'Orazio reacted to her persistent questioning, saying the board merely made the policy decisions and has no control over the details of plans, which are implemented by administrators. He urged her to contact the administrators for answers to her questions, and she retorted that her calls are not generally returned.
            Trustee Lev Flournoy announced that he would like to create a committee to improve communication between the district and the community, which he finds inadequate. Among suggestions for the committee to consider will be distributing sheets of frequently asked questions and their answers, as well as a system for soliciting questions from the public.

            The proposition to spend $133,500 for vehicles will again be on the ballot, and transportation supervisor Mike Grehl said the expenditure would actually save the district money, as the vehicles would otherwise have to continue to be leased, a measure not requiring voter approval. In addition, the state will reimburse 37∏ percent of the purchase cost. Rowe said if the proposition is approved but the budget is defeated, the district would be forced to purchase the vehicles out of the contingency budget, reducing funds available for programs.
            Rowe and Snyder described several reasons for the budget increase that are out of the district's control, such as the 15 percent hike in required contributions to the employee retirement program, due to the poor performance of the stock market in recent years. Health care costs are also rising, although trustee Neil Eisenberg pointed out that the staff contracts negotiated this year involve higher staff payments to health insurance. Governor Pataki is proposing to increase the district's state aid by only $12,000 this year, "truly a pittance," said Rowe. D'Orazio observed that the spending down of the reserve fund balance by a previous board removed the cushion of emergency monies that could have been used to reduce the tax levy. "The perception is that we're mis-applying expenditures, but it's not easy and there is no magic formula," he added. "I hope people who voted against the budget realize we're all in this together. We're making an effort to save as much money as possible in these difficult times."
            The polls will be open from 2:00 p.m. to 9:00 p.m. on Tuesday, June 22. Vote at your local elementary school.

Between Two Rocks

     Timewarp...

            Although she's been dealing in antiques for more than 20 years, Joyce started her website for vintage toys from the 1950's, 60's and 70's in 1996, a year or so after the internet first began to take off. "I had the antique center in the Phoenicia Plaza for eight years, from '92 to 2000," she said. "In the early days I used the website mostly to have people look at items we had in the shop, and to leave bids for auctions."  In the years since however, it's evolved into something far more specialized and "very sentimental."
            "Toys are a big thing to our generation" says Joyce. "When you reach 40 or so, a lot of times people want to relive their memories of childhood, of simpler times. And for people my age who grew up in the 50's and 60's, that was when the Saturday morning cartoons started, filled with advertising for Mattell, Marx, Remco, GI Joe, and Topper."
            A native of Chichester who's family's been here since the early 1900's, Joyce recalls that TV reception wasn't so easy to come by when she was a kid, but the grainy black and white images haven't faded much for many of us. "We got one channel, Channel 6 out of Schenectady, and it took some work with the rabbit ears."
            Joyce, who authored the definitive 1999 book on collectables from the 1964-65 New York World's Fair, ended up specializing in vintage toys as a result of purchasing the content of estates for her antiques business.  "Once we bought the contents of a house in Kingston," she said. "and the biggest ticket item we sold turned out to be Green Hornet game from 1966, which brought $450. Two years ago I picked up a Hoppalong Cassidy candy box from 1950, which sold on Ebay for $750."
            "The internet, " says Joyce "has certainly opened up a lot of doors for selling, even if it has killed a lot of the retail antiques business." It is possible she says, to sell just about anything on line, and she regularly does that, typically bringing fifty or 60 parcels each week to the post office.  That doesn't however, include things like the occasional boat or telephone booth, sold online as "pick-up only" items. 
            For Grant, the toy business isn't yet a full time job; for 20 years she's also operated the Dustbusters cleaning service in the Woodstock-Shandaken- Kingston area, though she's currently grooming a family member to take that one over. One bottom line for Joyce is that the advantages of running an internet-based business are hard to beat. 
            "There's no time clock but you do have to be disciplined," says Joyce. "You can work in your pajamas, and sometimes you can have a big sale at three o'clock  in the morning. Winters are great - no travel - and the main thing is you're home with your family. But you usually do have to invest a fair amount of what I call outside time, which for me is either finding new inventory or selling for other people. That's actually turned out to be a pretty good business, and people are usually happy with the results. I sort through things for people, photograph them and write them up, sell them online, pack and ship, and I only take a commission after something's sold. It's a lot of work but it does make things really easy for people, and they're often very surprised by the prices things can bring."       
            Another nice thing about selling this way says Joyce "is that you learn that  people tend to be really nice and really considerate. In eight years of doing business online with people all over the world, I've never had a phone call in the middle of the night, or really had any kind of bad experience at all."
            Could be that kind of history plus the pajama thing, might just swing a few more of us into sustainable home-based business mode. If Joyce's experience is any guide, might be worth a try.