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Blame Game
            So who is to blame for the owners of the former Jake Moon Restaurant not being able to open their establishment?
            At the annual meeting of the Catskill Watershed Corporation in Margaretville, local developer Dean Gitter, stinging from the release of New York City promises not to okay his gold resort, stood up and pointed a finger at DEP, claiming the agency has not agreed to allow the new owners, Devin and Mary Beth Mills, to construct a septic system.
            One year ago the Mills purchased the old Jake Moon restaurant in Big Indian and quickly began renovations with plans to reopen the famous eatery under the new name "Peekamoose" last June. One year later the doors remain closed and no opening date is in sight.Gitter said the couple are facing bankruptcy thanks to DEP.
            Gitter, who sold the property to the Mills last spring, said that things got bad for the couple after they applied for a business loan from CWC, which was required to alert DEP about the project. The result, according to Gitter, was that DEP personnel have rejected every proposal for a new septic system to service the business, claiming the proposals were inadequate. Gitter raised the issue publicly, he said, because DEP Commissioner Christopher Ward was present
            DEP spokesman Ian Michaels said Monday that the Mills' troubles might have more to do with Gitter than DEP. He told reporters that Gitter removed an existing easement from the properties deed when he sold it to the Mills' for $185,000. The easement, Michaels claimed, gave the restaurant access to a .83 acre piece of land, across Lasher Road from the structure, specifically for parking and sewer facilities. The current problem, according to Michaels, is that without the easement the property itself is too small for a septic system. He added that the Mills' had requested DEP look at the property before they made the purchase, but then closed on the deal only two days after making that request. Had they waited, Michaels insisted, they would have known what they were in for.
            According to Michaels, an owner previous to Gitter illegally installed a septic in the 1990's. In fact, he said, the Mills' applied for a variance from DEP regulations to place a new, larger system where the illegal one was located, but were denied. Michaels disagrees with Gitter's claim that several options have been presented by the Mills'. There has been only one request, he said, and that was for the variance. He said that DEP has not heard from the  Mills' since then.
            He added that a system using other technology could be installed on the site, but it would be more expensive than a traditional system. Regardless, DEP is ready to talk with the Mills' if they are interested in learning more about it.

Go Away...
            The chairman of the Pine Hill Water District Committee resigned this week after submitting a request to the State of New York to alter the district's water supply permit. The resignation came at the request of Supervisor Robert Cross Jr., who thought that the request was submitted on the behalf of the town.
            Richard Schaedle, a former owner of the water system, quickly agreed to resign following a public interrogation from Cross, who complained that he was not made aware of the request until the State Department of Environmental Conservation notified him.
            On April 23, Schaedle sent in a request to correct what he claims is an inaccurate water supply permit. The current permit, Schaedle said, states that the District's maximum usage is 200,000 gallons per day, but according to he and the Pine Hill Water District Coalition, the maximum usage on the permit was listed as 300,000 gallons per day, prior to the company being sold to Dean Gitter 4 years ago.
            Schaedle submitted the request on behalf of the Coalition, asking that the figures be returned to what they were on the original permit drafted in 1970, but DEC staff thought the Town of Shandaken was the applicant, and sent a letter to Cross to inform him that they received the request.
Perplexed and confused, Cross called DEC and said he didn't know what they were talking about. He was faxed a copy of the application, which states that its purpose "is to document accurate flows and current and future water needs of the (district) and modify existing permit." The Coalition also seeks to correctly document the existing water assets, detail the district's current practices and identify its service area.
            Cross, embarrassed that he was unaware of the action, demanded to know why he was not informed. Schaedle said that anyone had the right to file the request and he was not obligated to inform the Town. Furthermore, Schaedle said, the Coalition has not received support from Cross or the town on the matter for several months, so Schaedle saw no reason to ask again.
            He did admit that he probably should have informed Cross, however, and therefore resigned from the Supervisor appointed committee without complaint. Mary Herrmann, also a member of the Committee, resigned immediately following Schaedle's decision in support of her colleague.

Portal Woes
            Low flow is low blow. That's what Harry Jameson of Town Tinker Tube Rentals thinks about a recent call by environmental groups to reduce the flow rates coming out of the portal in Shandaken.
            The portal is a long underground tunnel which connects the Schoharie reservoir to the Esopus Creek. Through the tunnel the New York City Department of Environmental Protection can drain water from the Schoharie into the Esopus, which feeds the City's main reservoir called the Ashokan. Last year Trout Unlimited won a lawsuit against DEP, charging that the muddy water from the Schoharie gummed up the Esopus to the point that the chocolate colored water harmed the fish. The DEP was ordered to shut the portal down and pay the State of New York a hefty $5.7 million fine.
            Plans are in the works to clean the water up and allow the portal to open again, but Jameson said that in the process Trout Unlimited is trying to make the flow so low that it will kill the towns kayak/tubing industry in the summer. Jameson said the currents of the Esopus would be too shallow to allow tubers and kayakers to make use of it the way they have for decades.
            In previous summer months the portal released 160 million gallons per day everyday, he added, "but Trout Unlimited wants that reduced to under 100 million gallons a day-..by the time we get to July the creek will be too low for tubing," Jameson clamed.
            He also said that tubing and kayaking, plus the related economic spin-off, represent a multi million industry locally, so the towns economy would suffer from the reduced flows. Furthermore, there are DEP plans to build a mechanism in the Schoharie that would prevent muddy water from entering the portal, but construction of the unit, called a vertical draw tube, is not expected until 2009.
            In the meantime Supervisor Robert Cross Jr. said he is prepared to try and push the DEP to get the work done earlier. He notes that the plans for the tube were outlined in 1994. "If it were built we wouldn't even be talking about reducing flows." he said, noting that he is not attacking Trout Unlimited, but hopes that the powerful national group will back off if convinced that the tube will solve the mud problem.
            The State Department of Environmental Conservation will decide whether to permit the flows to be changed.

Different Beds?
            Two local men have announced plans to build a 96-room hotel in the Hamlet of Pine Hill. Brothers Ron and John Odato came before the town board Monday to give some basic information about the plan and to ask that a Planned Unit Development be created. Under current zoning laws the project, slated for the hillside across Rt. 28 from the Pine Hill Lake and Friendship Mano,r is not allowed. Code Officer Mike Malloy said that the current zoning map lists the property as 5 acre residential. John Odato said the map was in error, but Malloy said that until it's changed it is the map the town must abide by.
            A special meeting has been set for May 18th at 7pm at town hall to discuss the Odatos' plans, which will be outlined in more detail that evening.

Return To Sender
            Town of Hurley officials were recently promised tons of native bluestone kept by New York City at its Ashokan Reservoir campus for a project to restore sidewalks in its Main Street historic district. The bluestone will go a long way to match a $68,000 Revolutionary War Heritage Trail grant awarded Hurley by the state Office of Parks, Recreation and Historic Preservation in the fall of 2002. The bluestone, it turns out, has been stored at the Ashokan Reservoir since the 1920s, when it was to be used in city street construction. The pieces being donated to Hurley will be used largely for 500 linear feet of curbing. Hurley's Main Street , a registered National Landmark District, is scheduled not only for sidewalk improvements but drainage repairs and road resurfacing in a coordinated effort with Ulster County. Work is set to begin later this month.

Detours...
            Expect a more leisurely drive between Mount Tremper and Phoenicia, at least for a couple of days. May 12, 13,and 14 are the days tentatively scheduled for the detour of Rt. 28 traffic, as work crews cut through the highway to make way for the connection of the railroad tracks that flank the pavement. Vehicles will be re-routed along old rt. 28 past the Zen Monastery. The work is being done by the Catskill Mountain Railroad, which received State funding for the project thanks Senator John Bonacic's office. The connection will allow the Railroad to run trains further east. Plans call for eventually rehabilitating enough track to get trains all the way to Boiceville.

Review $
            The town board has authorized the planning board to spend up to $3000 on Drayton Grant, the attorney representing the planner in the review of the Draft Environmental Impact Statement for the proposed Golf resort near Belleayre Mountain Ski Center. Grant, who convinced the planners to file for full party status in the upcoming issues conference later this month, will need time to prepare, said Supervisor Robert Cross. The $3000 figure, he added, was a maximum amount. The $3000, according to Cross, will come from taxpayers, as the developer, Crossroads Ventures, is not obligated to cover this particular expense.

Go... Fight!
            On the advice of the Phoenicia Waste Water committee, the town board has tapped Supervisor Robert Cross Jr. to enter into negotiations with the New York City Department of Environmental Protection over the controversial issue of operation and maintenance costs that will come with the proposed sewer treatment plant slated for Phoenicia. Cross is expected to join a coalition formed by Town of Andes Supervisor Martin Donnelly, who has said that he refuses to agree to having the communities pay O&M costs, and insists that DEP bear those annual expenses instead. Donnelly's plan is to unite several communities and negotiate with DEP as unified group.
            In Phoenicia, homeowners will only pay $100 a year for the service, but businesses were not given any break. They will be expected to pick up the rest of the tab, and some owners fear astronomical charges that could put them out of business.
            Cross will undoubtedly be assisted by Shokan based Attorney Jack Darwak, who was hired by the town board Monday night to "review documents" with the DEP for the Phoenicia Waste Water Committee.

Jail Progress?
Despite the discovery of what could be the omission of as many as 240 fire dampers included in the already-closed walls, 330 reported "change events" in the plans, and the non-delivery of the prefabricated jail cells for which the county has been charged an extra $2.3 million, the representative for Bovis Lend Lease, the company that is the hired project manager for Ulster County's $75 million jail project, assures county legislators that the worst is over.
What is needed to meet the new deadline, one year late, of January 2005?
Bovis Lend Lease representatives said at a late April meeting that things should move smoothly now. But many are not agreeing. Recent discoveries started when a Bovis employee realized that fire safety equipment called "dampers" needed to be installed during an inspection of the essentially completed frame of what is to be a 400-bed county jail and sheriff's headquarters on state Route 32, just south of Kingston. In some cases, the walls have already been closed and will have to be broken open again to allow installation of the equipment. It has been suggested that the problem may add several hundred thousand dollars to the project cost and push its completion date back beyond its most recent January, 2005 estimate. Among problems cited have been the last two winters, setting things back three months , and the delivery of pre-fabricated jail cells scheduled to arrive last summer and now expected to cost $2.3 million over budget. County officials have said they will contest that bill.

Senior Woes-
            Ulster County is currently mulling whether to renovate its Golden Hill Health Care Center to the tune of $44 million, build a new facility at a cost of more than $80 million or shut down the 280-bed facility altogether, following a trend that has seen other senior facilities closed in the last year. At a late April legislative meeting, architects heard how the facilty's water and sewer need to be replaced, along with surrounding roads, sidewalks, exterior doors, windows, interior finishes, ceilings, heat pumps, water fixtures, generators, fire alarms and lighting. And that's before considering bringing the facility up to current health care standards. Some officials have suggested utilizing the soon-to-be-vacated county jail as an interim solution. The cost of constructing a new, state-of-the-art facility would be $81.3 million, including $2.5 million to buy 15-20 acres on which to build. That would make it the most expensive construction project in the history of Ulster County, surpassing the under-construction jail, which is costing $72 million- before factoring in overruns. The county would be reimbursed a portion of any renovation or construction cost by the state's Medicaid division: 75 percent of the cost of renovations, according to Vosburgh, or 50 percent of the cost of building a new facility. A full recommendation will be made to the County Legislature by July 1.

Safety Net
Mayor James Sottile and the Kingston city council are currently preparing to sue the Ulster County legislature for voting against picking up the local tab for the Safety Net program which the city feels it pays an inordinate amount for because most of the needy in the county goes to Kingston for help.Under the current arrangement, Ulster County towns and the city include money in their annual budgets to pay for Safety Net coverage for their residents. If the county takes over that cost, the countywide tab would be spread among all taxpayers. The city of Kingston has the most Safety Net clients of any municipality in the county and it has budgeted $464,527 for this year, which is more than all of the other municipalities combined. If the county took over that cost, city taxpayers would pay an estimated $60,000 in the county budget per year that would go toward the program. Ulster County is the only county in the state that handles the Safety Net program in the way that it does. In April, the Ulster County Legislature decided not to change the way the program is funded.
Forty percent of applicants for affordable housing offered by the Kingston Housing Authority are out-of-towners, some of whom have told the agency's director that they don't want to move out of their communities but are forced to. Some people, including county seniors, have suggested that they want to be closer to their doctor or hospital in Kingston. Others have said they would like to stay in their communities but no longer can afford to because their is a lack of affordable housing.