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End Of The Sewer Deal?

The plan was floated by the town a few years ago and the DEP rejected it. But last year DiSclafani convinced City officials to allow a feasibility study to be done with money from the $17.2 million DEP has earmarked to build a traditional sewer system.
The study was completed last fall and submitted to DEP for review. According to that study it would cost $3 million less to build and $200,000 less per year to operate than the conventional system Phoenicia voters turned down in 2007.
With a similar facility “currently functioning well” at the nearby Hunter Mountain village landfill, according to Rennia, Vegetated Sands Beds have arrived in the region and several other such systems have been functioning for nearly a decade, according to the firms’ 31 page report.
The system, designed to treat 150,000 gallons of sewage per day, consists of four holding tanks, each 16 by 8 feet and 10 feet deep, where the majority of solids would be removed from the effluent. From there the remaining effluent would travel into 86,000 square feet of reed beds or “wetland treatment units.” The beds provide three different types of filtration from rough to “ultra polishing,’ producing a final result of an effluent that Rennia claims would be “near drinking water quality.”
Any remaining solids would require dewatering and regular disposal, but Rennia says that remaining “sludge” can accumulate for almost a decade before final disposal options are determined. The system can also be designed to put off the need for removing the sludge for a long long time, “possibly indefinitely,” according to the report.
Since no effluent is exposed to light or air, as it is all underground, there would be no algae or other bacterial growth.
This type of system, Rennia states, will require minimum power to operate as compared to conventional systems like the one designed by Delaware Engineering. As for any concern that the system might freeze in the winter, Rennia says fear not. “Temperatures inside the wetland units will not vary considerably from season to season so long as wastewater flow rates remain constant, which is expected for this project,” the report states.
As designed, the system would be located at the same location that Delaware Engineering’s treatment plant was planned, down alongside route 28 east of the Phoenicia diner. More land would be required for the system. There are three options offered, with two of them requiring the acquisition of between one and three acres of land from Katsill Development Holdings LLC, a firm of local businessman Dean Gitter.
However, with a 150,000 gallon per day capacity, the reed bed system is significantly smaller than the 195,000 gallon per day treatment plant originally proposed. The smaller system would limit the amount of growth for the hamlet.
But DEP’s engineers felt this technology would not work.
“In general, previously identified, major design issues were not accounted for in the current (reed bed) design proposal,” Costello said in his December 10th letter. “Major design issues such as the physical site constraints of the project parcel, microfiltration, disinfection, unit process redundancy and consideration for peak flows will have significant impacts to the final design and cost estimate. Based on the Department’s review, the design proposal is not approvable or feasible for Phoenicia.”
DiSclafani said this week that he wants to schedule a meeting with DEP and the engineers that conducted the study to see if anything can be altered to make the plan work.
But there’s a wrinkle. Phoenicia was put on notice two years ago that a decision must be made or the $17.2 million would be given to the Catskill Watershed Corporation (CWC) for use in other communities that do want sewer systems. The deadline for Phoenicia’s decision has come and gone. In fact, the deadline was extended to allow time for the feasibility study.
It remains unclear what will happen next, but there are plenty of other communities in the watershed that want sewers.
CWC Executive Director Alan Rosa has said that if CWC is given the $17.2 million, Phoenicia could still use it if a reasonable sewer system were agreed upon.
In the meantime however, other communities are expected to be preparing requests for the funding.


Organize!
“I’ve always had careers that required what I call ‘industrial-strength’ organizing skills,” notes Stitham. Her former business, Charmed Places, was based on a large portfolio of non-advertised wedding locations in the region. She matched clients with spaces and then organized the weddings.
After cutting her home organizing teeth on the McLoughlin house, Stitham managed the estate of a close friend who died. “She still had hippie clothes from the sixties,” Stitham says. “The family was not in this area and didn’t know how to handle the estate. I’ve done many estate jobs, and I love that I can offer this service—that a family can put that type of project in my hands and know that I am qualified.”
Home organizing, on the other hand, is not just about clearing off a desk or cleaning out the basement. “I do an extensive assessment before I start working,” she explains. “We spend a few hours talking about what’s happening in the client’s life and what they really value. Do they want a deeper relationship with family and friends, to have room to invite people over? Do they want a home-based business or a place to write or paint? Space has to be created for what gives you joy.”
She recalls a couple who wanted a home office but lacked space. “They had grown children in their forties, but their son’s bedroom still had his G.I.Joe’s. I said, ‘What about Johnny’s room?’, and they’d never thought of it. People in that situation will say they have to ask their grown kids first, and the kids generally say, ‘I can’t believe you never got rid that stuff!’”
Part of Stitham’s job is teaching her clients to be more organized. “We try to set up spaces to make things easy. To sort mail, you need a trash can, a recycling box, and a place to put bills close by. It could be as simple as putting really good labels on boxes or using a planner. Often people have a warped sense of how long things take. Someone might say, ‘I never have time to hang up my clothes.’ But it might take 30 seconds. Or someone who’s chronically late may claim it only takes ten minutes to get to Kingston—I ask them to time it.”
Stitham works all over the Hudson Valley as well as in Manhattan. The only difference between the two locations is that city dwellers have less space to work with. “Up here, people have garages and attics filled with stuff they don’t want. It’s valuable real estate, and it’s not being used. I help them see what’s possible.”
Often she takes truckloads of items for her clients to give away. She encourages donation, which is satisfying for the giver and is often more profitable than selling because the client can get a tax deduction. At the same time, she observes, “We all have memorabilia that are truly valuable to us. I make sure they are used or on display or stored safely, not getting moldy in a garage.” Distinguishing between cherished possessions and junk is essential. She encourages clients to come up with plans like one man’s decision to throw away last month’s New Yorker magazine as soon as the new one arrives in the mail.
“A client will ask if their house is the worst I’ve ever seen. I say no, and it’s usually true. Life changes, things happen, people get busy. It takes time and focus to put a house in good shape, to make it beautiful, serene, and safe. People have to be ready to make changes.”
Rarely, she will turn down business if she determines from her initial assessment that a client is not ready to let go of possessions. “It’s only happened a handful of times,” she says. She does work with people who are compulsive hoarders, but she requires that they be in therapy at the same time. A recent client had her children taken from her because her home was so messy. “She is motivated, but she has ADD. She walks into a room and can’t prioritize. Last week, her children were returned to her. I love seeing people’s lives change like that.”
Stitham attributes her talent for organizing to her left-brain tendencies, unlike her right-brain partner and so many of the creative people she works with. “Artists see the big picture, but it’s difficult for them to file papers. They want things out and visual so they can see them. We get them shelving units or the furniture they need to store things they’re working on.”
With seven years of professional organizing under her belt, Stitham takes her job seriously, staying on top of new developments in the field and attending national conferences. She also comes with a wealth of resources, such as contacts with local appraisers for collectibles and artwork, especially helpful in dealing with estates. January is National Get Organized Month, so anyone interested in whipping their place into shape can call her at 845-657-2791 or check out her website, revamp.tv.



Big Cuts At Onteora...

All this came up when the Onteora district board of education held a special workshop meeting in the central office conference room on Friday, January 9 to discuss the 2009/2010 budget.
Although figures are still prlimianry across the board, the board is anticipating a combination drop in state aid, interest rates and a possible freeze on state owned land tax revenue somewhere between $2.5 and $3 million dollars.
In order to keep a tax levy at no more than a 3.5 percent increase, reflective of a contingent budget, the board will need to cut around $1.5 million in spending.
Superintendent Leslie Ford provided the board with sheets of budget breakdowns, suggestions on where to cut, while the school board presented a few ideas of their own. This included eliminating the high school assistant principal, field trips, cutting back on the district calendar, newsletters, and consultant fees, and asking the principals to reduce supplies.
Until the board gets feedback from building administrators and has a better idea of what the state plans to do, they stressed that nothing is written in stone and all could change.
At an earlier January 6 school board meeting in Woodstock, Assistant Superintendent of Business Victoria McLaren read a Pyramid Brokerage company brokers report on salable or rental market value prospects on the district’s two closed buildings at West Hurley.
The Town of Hurley has the property assessed for $3,799,400, but after the equalization rate, the full tax value listed it at $4,221,556.
However, at the recent meeting these figures were explained as being for reference use only, with Pyramid pointing out that the market value was “significantly less.” The broker put the buildings condition as very good, and based a square foot value of $17.17, listed the West Hurley School’s overall value at $747,650 as the high end of their market price.
They compared their assessment on value to similar schools in the area that have sold in the past couple years. Schools listed at a higher market value have been on the market for over a year indicating. “an asking price higher than the market will bear.”
To lease the building would be more difficult than selling it, according to the report. It listed rates based on the two buildings as a whole or parceled out. Annual rent of the entire campus would have a market value of $217,720. The smaller Ryan building could lease for $56,410 and the larger Levins building for $161,310. The Beacon school district has been leasing classrooms to artists and crafts people, but the rental space becomes complicated since bathroom and other common areas are not considered rentable space. Pyramid suggested a lease rate between $5 and $10 per square foot, depending on if the entire building is used or not.
School board president Ralph Legnini looked at the viability of leasing to artists.
“That may be something to explore; it might benefit the community,” he said. “There are a lot of artists, musicians could give something like guitar lessons, and if managed correctly it might be something financially feasible.”
He said if the value to sell it ranges from a low end of $650,000 to a maximum of $750,000, than “it doesn’t seem like that much money.”
Trustee Laurie Osmond suggested combining ideas that trustee Michelle Friedel had at a previous meeting on moving administration to the West Hurley site and providing a board room.
“Couldn’t we have a combination of all of that plus leasing space to individual artists, studio space or rooms to non-profits,” said Osmond, “as a sort of a creative patchwork and still get district use out of it?”
Trustee Maxanne Resnick speculated on the previous board’s capital project proposal that would consolidate the district and close an additional elementary school.
“I think I would be reluctant to sell the property without answering the larger question on how does it fit in with all of our building uses and if we have to think about Woodstock versus West Hurley,” said Resnick. “I recognize that people are very devoted to the school, but I have always been under the impression that this school (Woodstock) does not have any possibility of expansion whatsoever.”
The capital plan project listed Woodstock elementary as not having any room to grow if the population were to increase after the district was consolidated.
Resnick added that it cost the district $36,000 yearly to maintain the West Hurley buildings. She also asked if they would need major improvements to turn a profit.
McLaren said if the building were rented to anyone else, “That would change the use as far as SED (State Education Department) were concerned if in the future we ever wanted to go back to saying this is a school building.”
“Down the road we’re going to have to look at the capital project and what to do,” said Trustee Rick Wolff, who was also on the previous board. “It’s inevitable.”
Friedel said she liked Osmond’s idea, but “I don’t think we can do anything as far as upgrades or capital projects at this current point in time, but I also hold hope that the federal government will have aids or grants coming down for building repairs.”
The district has approached BOCES about the West Hurley buildings but they are not interested due to their non-central location.
District voters would need to approve the sale of West Hurley elementary. It is zoned residential and therefore could not be sold or leased to commercial business.
West Hurley School closed in 2004. In 2005 it was rented for a short period of time to the West Hurley library. Since that time it has remained empty.
On January 6, beginning the budget talks they continued on Friday, and will be filling numerous meetings with over the coming months, the board noted how last year’s budget had a low tax increase due to money returned from the litigation between the town of Olive and New York City over a tax dispute with the Ashokan Reservior.
The district is slowing it’s spending for this year so it will have district money left over to add to next year’s budget pool.
Friedel noted, at that time, that the state may ask districts to contribute to pre-kindergarten programs.
“Looking at Universal pre-K, that money is going to be frozen,” she said. “So these programs that we always relied on the aid of the state may not be there.”
In a separate conversation, Friedel asked about the $300,000 earmarked to purchase lockers. Superintendent Leslie Ford said it is on hold until the budget unfolds. Trustee Donna Flayhan requested a cost analysis on science equipment for the high school as a possible earmark, noting that the equipment is outdated. The board decided to seek teacher input, but stipulated that no decision on purchasing equipment will be made until the budget is ironed out.
After tempers flared at the previous board meeting over an audit committee report, Flayhan requested discussion be again focused on transportation. She made a motion on the floor to give the report, but board members would not approve a second.
Flayhan believes that if the district’s transportation contracts were re-bid and divided out, the district could save up to one-million dollars. She stressed that discussions must begin soon if changes need to be made.
A heated discussion continued not over transportation, but over Flayhan’s use of the district’s audit committee as a platform.
Later, Osmond addressed Flayhan, saying, “I would like to request that the information you have, pass it out to the board and we will place the discussion on the agenda. I need to read it and digest it.”
Flayhan grudgingly agreed and passed out the transportation information to board members for future discussion..
In other news…
Legnini updated the board on the new water filtration system to the Boiceville site. He said the engineer’s drawings would get to the State Education Department for approval by late January, taking three to six months to review and approve, followed by a six to eight week bid process and two to four weeks given to initial set up. The final instillation will take two to three weeks.
The board also authorized the “sale or disposal” of the high school’s auditorium chairs and reminded parents that school closing and delays can be emailed directly to their home computer by signing up at Cancellations.com.


Gitter Suit Tossed Out

But in his December 15 decision, Acting State Supreme Court Justice Henry Zwack wrote, “The Court has considered the context and content of this letter and finds that it is an assertion of opinion only and therefore the complaint must be dismissed. The Court finds that the average reader of this letter, while they may be initially drawn in by the provocative opening sentence (“Dean Gitter Paid Off the DEP”), will soon come to realize upon reading the first paragraph in full, that the writer appears to be stating her belief …” Zwack said that it was clear that the writer was equating lobbying fees paid by Gitter to a payoff of governmental officials. “It is clear from the context and tone of the entire letter taken as a whole that any allegation that plaintiff had bribed government officials is purely the opinion of the writer, based upon the fact that plaintiff paid lobbying fees…”
But the judge did not see fit to make Gitter pay the court costs nor lawyer’s fees for the paper, Powers and Smart, saying that these provisions are not applicable.
Gitter was out of the country and unavailable for comment. Space will be available for him to comment on his return. His attorney, Paul Gruner, did not return a phone call but later said that he was preparing an appeal against the decision.
Powers intimated that he might seek remuneration for court costs and attorney’s fees through an anti-SLAPP (Strategic Lawsuit Against Public Participation, in which a corporation or developer sues an organization in an attempt to scare it into dropping protests against a corporate initiative) suit.
In a written statement, Powers said “The court found that Mr. Gitter had no legitimate basis for his complaint, and that people do have a right to voice their opinions in their local newspapers.
“Mr. Gitter was quite clear about why he filed a lawsuit against us. His lawyer in fact explained it twice to make sure people would understand his motivation, and what he said was ‘This is about money.’ In our view that’s another way of saying I’m doing this to try and financially hurt these two people and their families and put these community newspapers out of business.
So Gitter’s counsel has already clearly explained that they’ve used the courts both to try and silence and to inflict financial pain against those he sees as critics of his proposed resort. So far he’s been successful in that he’s forced us to spend a lot of money to defend ourselves against nothing. We think that by itself, his counsel’s own admission proves the suit was an amazingly clear violation of New York’s anti-SLAPP law.
At this point we’re discussing our next steps with our families and our lawyers. For us the central issue is our obligation to help protect everyone’s right to voice their opinion without fear of intimidation. So if we’re ultimately awarded damages by the courts beyond our legal costs, we’ll give that money, all of it, to local organizations helping people here in our communities.”
Zwack also chose not to deal with, nor comment in his decision about the point Gitter brought up in the suit that the defendants “failed to confirm the existence of the author of said letter to the editor or the truth or falsity of the facts contained therein.”
Gitter’s attorney, Paul Gruner, in an earlier interview, said he believed that it was an important point. “It contributes substantially to the validity,” he said, “the fact that they took no steps whatsoever to determine if this person in fact exists.”
He has since said that he and Gitter know for a fact that the letter was not written by any Bonnie Grant, who they have insisted does not exist.
And while the attorney for the defense Rod Futerfas acknowledged, also in an earlier interview, that the defendants didn’t know the actual writer. “…the law does not require that this person be verified,” he said, and apparently the judge agreed.


The Big Freeze?

The change which is intended to save the state $9 million in increases over last year’s $183 million property tax bill for its 3 million acres and other public facilities statewide, is amongst broad reductions to help reduce a record budget deficit for the coming year of about $15 billion.
If adopted the change would directly and primarily impact communities such as ours and those in the Adirondacks, where the local tax base is heavily reliant on levies paid by the State on its Forest Preserve landholdings. In Shandaken these holdings comprise about 64 percent of the town’s land, and taxes paid on them represent almost 23 percent of the town’s tax revenue according to Assessor Heidi Clarke. In Hardenburgh with 58 percent state land, the state’s contribution is almost 26 percent says Supervisor Jerry Fairbairn. With about a quarter of each town’s tax base exempted under the proposed law from paying future increases, the remaining taxpayers would have to absorb them.
Although the percentages of state land & tax payments in Olive and Woodstock are somewhat lower, all taxpayers in towns with significant state landholdings would be similarly affected. According to Olive Assessor Bill Cook, state lands in the town represent about 18 percent of its tax base.
Elected officials, both Democrats and Republicans throughout the region, have been thus far uniformly critical of the measure. “We’ve done some basic analysis and we have a huge problem with it,” said Ulster County Executive Michael Hein. What this has done is create a tax cap for the state, while spreading the burden over fewer and fewer people. I believe this particular provision within the Governor’s budget is misguided, and I’ll be a strong voice against it as discussions on the subject go forward.”
State Senator John Bonacic said that given the State’s deficit he was not surprised by the move, “however this proposal means that the State will not be keeping its commitment to Catskill towns, counties, and school districts… It is blatantly unfair to already overburdened property owners.. if implemented, it translates into a shift of the tax burden from the state to private property owners as well as school districts and local governments.” Bonacic said he “will fight vigorously to oppose” the measure.
Assembly member Kevin Cahill also said he’d be fighting the proposal in the Ways and Means hearings on the budget. “For all intents and purposes,” he said, “this amounts to a tax increase on those communities hosting state land. That’s just unfair.” Cahill cited a “triple negative effect” on local taxpayers, saying that in addition to picking up the state’s portion of tax increases, residents would see unfair and disadvantageous changes to their equalization rates, and to school aid apportionment for their districts, all of which would impact both municipal and people’s personal bottom lines.
Response to the proposal from regional advocacy groups both locally and from further upstate has also been highly negative. “We view the payment of taxes on state land as a permanent, essential, and inviolate commitment from the people of the state, who benefit so greatly from it, to the municipalities in which those lands are located,” said David Gibson, speaking for the Association for the Protection of the Adirondacks. “We are confident Governor Paterson clearly does not want to break that commitment, yet by proposing this tax cap as a further cut in local aid, his Budget Office clearly does not understand either the history or the significance of State tax payments on public land. If the Governor wants to pick a fight with upstate, he could not have picked a better one.”
Lisa Rainwater, Executive Director of the Catskill Center for Conservation and Development, said that “Governor Paterson’s proposal would further harm the already economically tenuous position of many Catskill communities… At a time when every municipality is struggling to provide much needed services to their residents, the additional burden of funding basic services on the Forest Preserve that are enjoyed by all New Yorkers would be a hard and unfair bill to pay.”
At the town government level, every supervisor contacted expressed deep concern. “Frankly I’m appalled the Governor would propose such a thing,” said Shandaken Supervisor Peter DiSclafani. “It clearly targets small communities that have depended on a low baseline level of state tax revenue since the 19th century. Our towns provide critical services for these lands - road maintenance, fire, police and ambulance protection among other things - and the courts have affirmed it’s the state’s responsibility to pay its taxes like everyone else.”
In Olive, Clerk Slyvia Rozelle sent out a letter to legislators January 7 at the Town Board’s request, expressing their “unanimous and emphatic” opposition to the Governor’s proposal, which was the subject of extended discussion at the town’s January 6 reorg meeting.
Over the mountain in Denning, the view was similar. “If they do this it’s going to kill Denning,” said Supervisor Bill Bruning, whose town, like Shandaken, is about 65 percent state-owned. Its total taxable value however, is kept extremely low by assessment of state lands at half the dollar value of those in Shandaken. And even at those low valuations, state revenues account for 47% of the town’s budget. Compounding the valuation problem is the nontaxable status of its largest private landowner and employer, Frost Valley YMCA. As a result, the town appears uniquely slated as the municipality most likely to be severely impacted by the Governor’s proposed plan.
In defense of the plan however, Jeffrey Gordon, a spokesman for the State Department of the Budget, said that the proposal is consistent with plans to freeze all local government aid. “Given the State’s fiscal circumstances, this budget proposes to maintain or reduce aid to local government, and this is consistent with that.”
A nearly identical plan proposed in 1989 by then Governor Mario Cuomo failed to be adopted in the final State budget that year based on widespread public outcry. Discussions on proposed changes in the State budget are expected to continue through the winter.