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Letters to the Editor

Dear Editor,
            I was surprised to learn that the press was barred from the onsight visit to the Crossroads-Belleayre project. As I understand it, the Administration Law Judge doubted he had the power to require the land owner to invite the press to attend the onsight visit, and the land owner then refused to extend an invitation for the press to attend that onsight visit.
            It appears to me, that if the process is required to be open to the public and an onsight visit is a precondition to the grant of an application, the ALJ not only has the power, but an obligation to condition the inspection on the owners granting access to all those who are part of the process, which  includes the press.  Whether the owner has the right to bar people from his property is beside the  point.  The owner is seeking a permit and it must follow all applicable rules if he wants the permit. Technically, the owner could refuse to allow the ALJ or attorneys for the parties from walking on its property for an inspection.  What would happen is, the ALJ would refuse to proceed and the process would grind to a halt. The owner would not get its approval.  Similarly, if the press representing the public is barred, the ALJ should refuse to proceed unless the owner consented to proceed in a manner consistent with the regulation requiring that all proceedings be open to the public.
Nathan Z. Dershowitz
Phoenicia, NY

Dear Editor,
            We are writing to express our total disgust at the recent behavior of the Republican members of the Shandaken Town Board.  The meeting last Wednesday was the worst example we have seen so far of these three people whole-heartedly selling out our town - in order to support a project which would cause irreparable damage. The resolution to join the Coalition Of Watershed Towns in protesting the DEP's decision will make us a laughingstock.  It is sickening to watch.  And the fact that now they are trying to hide behind Dean Gitter's ridiculous conspiracy theory makes it all the more infuriating.  They can't even come up with an original idea - they can only parrot Gitter's phrase..."The  DEC is trying to depopulate the Catskills!"  Is there any doubt who is running this town?
            We are embarrassed to be represented by these people.  They didn't even have enough nerve to hold the meeting at night so more people could attend.  They would have had to face a very large angry crowd, so they did the cowardly thing and held the "emergency" meeting at short notice in the middle of the afternoon.  It's a travesty - you can't even call it government.  Let's call it "The Price Is Right".
            That's our opinion,
 The Ladner family
Shandaken, NY

Dear Editor,
            I am writing to request that Commissioner Crotty and the Hon. Richard  R. Wissler stay the Belleayre Resort SEQRA proceeding until the NYCDEP agrees under the regulatory authority granted to it by the Watershed Memorandum of Agreement (MOA) to permit the MOA regulated
components of the proposed development or until there is a successful challenge to the MOA in a court of competent jurisdiction resulting in the issuance of the permits to the Resort and/or all or a part of the MOA is invalidated negating the need for the contested permits.  In fact, I believe it is Commissioner Crotty's and the Hon. Richard R. Wissler's obligation and responsibility to so stay the proceeding because of the time and expense that will be incurred by the State and the taxpayers of New York State and the interested local agencies and private organizations who obtain party status in the proceeding.
            In its Comments on the Draft Environmental Impact Statement and Draft
State Pollutant Discharge Elimination System Permits for the Proposed Belleayre Resort at Catskill Park Project, the NYCDEP states that it will not grant necessary MOA permits to the Resort as currently proposed.
            The MOA is a contractual agreement between the NYCDEP and the Watershed Communities.  As such, Commissioner Crotty or any Administrative Law Judge acting under SEQRA lack subject matter jurisdiction over any questions relating to the interpretation or construction of the MOA contract or its validity.  These issues can only be heard and determined by a court of competent jurisdiction such
as the State Supreme Court.  Furthermore, any determinations or findings which result from the SEQRA process are not determinative of any application for a permit under the regulatory authority granted to the NYCDEP by the MOA nor are they binding on the NYCDEP on MOA
matters.
            Since the NYCDEP has taken the position that it will not grant necessary MOA permits to the Resort as currently proposed and any SEQRA determinations are not binding on the NYCDEP, to continue with the SEQRA proceeding is to run the risk of going through the time, effort and expense of the lengthy SEQRA process only to learn at its conclusion that the Resort is unable to overcome the MOA or its
regulations. The NYCDEP position that it will not grant necessary MOA permits to the Resort as currently proposed should be given great weight because of the detail required by a DEIS. The DEIS provides
amply information for the NYCDEP to determine whether or not the Resort would be granted necessary MOA permits.
            Additionally, the primary focus of the MOA is water quality for NYC.  SEQRA addresses a whole host of other questions such as community, traffic, socio-economic and non-water related environmental issues and impacts. It is a much more involved and encompassing.  A focus on the one issue of NYC water quality under the MOA makes more sense in terms of time and expense.  Also, the standards to protect NYC water quality under the MOA may be higher than the water standards under SEQRA and the NYC water quality issues may not be properly addressed under SEQRA. In fact, I believe the NYC water quality issues under the MOA preempt SEQRA.
            Would a State Supreme Court Judge who is about to hear the hotly contested property distribution part of a divorce case and who has just been handed a writing alleged to be a duly executed separation agreement between the parties providing for the distribution of the parties' real and personal property continue the trial?  Would he or she let the time and expense of the court, expert witnesses, the parties, the attorneys and the court personnel be utilized with the chance that after the trial it will be determined that the separation agreement is valid, that no valid reason exists to void it and that it leaves no issue as to how the real and personal property should be divided?
            Although the Resort is not a signatory to the MOA, the Resort chose to develop a location within two Towns that are signatories to the MOA and knew or should have know of the MOA. To continue the analogy, what if one of the spouses objected to the judge staying the property
distribution trial claiming he would be prejudiced by the delay and asserting that he has spent great amounts of time and money preparing for the trial with his attorneys and experts?
            Despite the pleas of prejudice by delay and the assertion of great preparation time and expense, the Judge would stay the proceeding understanding that if the separation agreement is valid, the property distribution trial is moot.
            Commissioner Crotty should stay the proceeding understanding that if the MOA is valid and fairly and properly implemented by the NYCDEP, the SEQRA process is moot.
            If the Resort is able to obtain the necessary MOA permits then the SEQRA process should resume.  If the Resort is unable to obtain the necessary MOA permits, then the proceeding should be dismissed.
            I respectfully request that Commissioner Crotty and the Hon. Richard R. Wissler sua sponte stay the Belleayre Resort SEQRA proceeding until the NYCDEP agrees under the regulatory authority granted to it by the Watershed Memorandum of Agreement (MOA) to permit the MOA regulated components of the proposed development or until there is a successful challenge to the MOA in a court of competent jurisdiction resulting in the issuance of the permits to the Resort and/or all or a part of the MOA is invalidated negating the need for the contested permits.  Furthermore, I respectfully assert that it is Commissioner Crotty's and the Hon. Richard R. Wissler's obligation and responsibility to so stay the proceeding because of the time and expense that will be incurred by the State and the taxpayers of New York State and the interested local agencies and private organizations who obtain party status in the proceeding.
                              Paul W. Frieary, Esq.
 Shandaken, NY

Dear Editor,
            This is something I've been working on for a while. It's about a neighbor's cat that was poisoned and, although I may sound like a lunatic as I ramble on in the story, the death of this cat really did affect quite a few people on my street, as well as many of my friends. It's upsetting to think that one of my neighbors in this wonderful little town of Phoenicia is capable of a such a sadistic, despicable act.
            I don't know if you'll publish this as a letter, or perhaps an article, or not publish it at all, but I just had to get it off my chest so to speak. Thanks for hearing me out.
            Sincerely,
Carol Shalaew
Phoenicia, NY

Dear Editor,
            Is jealousy common among neighbors in the Town of Shandaken or is it just ignorance? Let us introduce ourselves; we are Denis & Susan Leone of the Crowing Rooster Bed & Breakfast. We are "the individual" in question in Mrs. Arline Schmiedel's letter to the editor which was published in the May 20, 2004 edition of the Ulster County Townsman.
            We would like to answer the question Mrs. Schmiedel posed, "Why are'Certain People' treated differently than others in town?" From our 2 1/2 years experiences working very closely with the Shandaken Planning Board, the Zoning Board of Appeals and the ZEO "certain people" are not treated differently they are treated fairly when proper policies and procedures are adhered to.
            After careful consideration we relocated from Highland to Shandaken 2 1/2 years ago because this town appeared to offer all we were looking for in a community in which to raise our teenage daughter and to find that "certain something", that sense of serenity that these mountains offer. Although, a grand undertaking, we became the stewards of the old Riesley/Ed West home; a lovely yet deteriorating 1920's Colonial in dire need of repairs due to much neglect over the years. Many hours of sweat and many dollars later this home is almost fully restored to its original grandeur much to the chagrin of our neighbors on both sides.
            With the assistance of the ZEO (and his two predecesors we might add), The Shandaken Planning Board and the Zoning Board of Appeals all renovations were completed legally and with proper permits. No "false information" was ever provided in an effort to obtain a permit. Additionally, a Bed & Breakfast is a permitted use within this residential zone- check the codes (we did before we even relocated)! Water run-off was not an issue, as Mrs. Schmiedel was advised at the public hearing. The "deep ditch" that she refers to is actually the cleaned-out swale that always existed. It always ran through her property and into the Espous. We didn't know that our neighbors needed "to be home" for us to complete work on our property. Once again, Mrs. Schmiedel is relaying "false information" not us! We informed her that this is what our reputable excavation company stated was needed to be done NOT the ZEO.
            "A series of blunders"? No, our home's renovations were a series of well thought-out, legally permitted and statically planned steps. As far as we are concerned no "blunders" have been made, no mistakes "that need to be corrected", no flooding of her property as Mrs. Schmiedel has admitted (we've had much rain since April).
            Mrs. Schmiedel has sort-out the assistance of many public officials in this town as well as the DEC, DEP, Ulster County Sheriffs Department and the Shandaken Police Department in an effort to prevent our renovations. All of which found no violation or wrong-doing of any kind. This answer does not sit well with Mrs. Schmiedel. She persists in her fefforts to undermine our home's renovations, our community relations and the livelihood of our new business.
            We remain undaunted by the few bad apples that surround our home. Our home's renovations will continue with all required permits, we will continue to put-down roots in this community and give back to the community what the majority of this community has given us: respect and a big thumbs-up for making the Riesley/Ed West homestead once again an asset to this community.
            We invite you, the Town of Shandaken, to judge for yourself! We welcome you to our home and business. Just call 845-688-7204 to make arrangements to view the property and restored house, meet your new neighbors and see for yourself the "affects on neighboring property values".
Denis & Susan Leone
Shandaken, NY

Dear Editor,
            I am writing in response to repeated letters written by Glen Anderson, of Olivebridge, attacking me and a very important new program in the Ulster County Legislature.  When I originally drafted the proposal, commonly known as the Ulster County Health Insurance Program, I was extremely careful to balance the needs of the uninsured residents, with my responsibility to the taxpayers. 
            Since Ulster County is currently prohibited by New York State law from offering health insurance policies directly to residents, I called for a group-rate discount plan to be developed by a special committee, and then administered by a private company.  It is a unique concept, which has gained vast bipartisan support.  This proposal included prescription, vision, dental and general health insurance policies ˜ each being purchased separately or together.
            As we all know, the current state of healthcare in this country has reached a crisis level.  Unfortunately, in a nation of such wealth, there are still people who do not have access to the basic level of care.  Even sadder, some folks feel this problem does not exist and that it does not warrant time and consideration to resolve.   My job, as an Ulster County Legislator, is to solve problems and make the area a better place to live.  I want to reiterate to Mr. Anderson that seeing my health insurance proposal through to fruition is a priority of mine. 
            I also want to make it clear that I indeed tried to contact Mr. Anderson.  I made repeated attempts by phone and I even stopped by his home on Weber Lane to discuss my plan with him.  I have always been easily accessible and remain open for suggestions or comments.  I am often commended for the job that I do and the stances I take in the Ulster County Legislature.  However, I must take this opportunity to clarify Mr. Anderson's remarks.
            Finally, Mr. Anderson is obviously miffed at something more than just my job performance.  In his latest letter to the editor, he went as far as criticizing my family as well. 
Robert Parete
                         Ulster County Legislator                                                                              Dear Editor,                                                                Contrary to conventional wisdom, not everyone has a „short memory' when it comes to public matters and concerns. The following has been simmering in my mind for a long time and needs to be addressed. In an ironically unforgettable article about the Onteora School Budget in the April 17, 2003 issue of The Woodstock Times, Miss Barbara Rueben, the high school principal, was quoted as saying: „The culture of the school is about challenging structure.‰ I wonder how many Onteora High School/Middle School parents really understood her statement. A better way to describe the school's culture would seem to be „structurally challenged.‰
            Over the last eighteen months I have been in the school many times to pick up my niece. I have been continually astounded by the behaviors I have witnessed, and in particular, the rampant use of profanity. Certainly, adolescent children will test limits and the use of crude language is nothing new among those who are trying on adult personas for size. But, what I have heard would make even the most foul-mouthed adult wince and goes far beyond a pose of teenage swagger. This is not just an isolated few peppering their conversations with blue adjectives but rather a seemingly acceptable way for more than a handful of students to bellow down and across the hallways.
            Remarkably, I have seen, more often than I care to remember, adults walk by a loudly swearing student and show little or no reaction. When I questioned my niece about this behavior she sighed, „I know. Everyone talks that way, it's horrible.‰
            As if this weren't disturbing enough, what has happened to going to school in decent attire? Now I remember a time when dress codes seemed downright oppressive and jeans and tennis shoes seem to be what kids are about, why stuff a fifteen-year-old into a shirt and tie; that was a bit much. But are the kids „challenging structure‰ when they arrive at school (half) dressed and looking like so many underage strippers? Do midriffs bared, hemlines raised, and necklines plunged to the point of near-nakedness and glimpses of male buttocks really challenge anything except dignity? There is absolutely nothing wrong with or oppressive about enforcing the dress code that the school states (in its handbook) it has. Ditto for profane language.
            Has it occurred to anyone at the school and certainly ˜ in fairness to our educators who do have a clear idea about which social behaviors are not acceptable ˜ to parents at home who don't set limits for their kids, that this might be a distraction in a learning  environment to say nothing of other difficulties that might arise; undue attention or even harassment? Have I been the only one who has heard the boys call out the most vile expressions and commands? Harm isn't delivered only with a clenched hand or with a weapon. Words, as most of us know, have power. Does anyone, parents and educators alike, realize that these are children who have perhaps not yet fully learned to deal with the consequences and implications of adult behaviors? Isn't it rather odd how we shake our heads and act astonished when teens get in sometimes serious trouble because of these kinds of behaviors? It's o.k. to „flaunt it‰ and „show it‰ but what a tragedy when the consequences these behaviors tempt manifest themselves. Sound sort of familiar? How astonished and morally outraged we are about reports of sexual activity among very young students, among students and faculty.Mystified, we wring our hands and say we just don't understand what's going on. Astonishingly, there was a public outcry about „civil rights‰ when the dignified, level-headed, and much less structurally-challenged middle school principal, Gail Kavanaugh, tried to enforce a dress code entirely appropriate for young students. The community members who clamored for „rights‰ received swift, and to my mind, craven acquiescence. What rights were these folks clamoring for? The right to offer their children up to a culture that sexualizes and exploits innocents to serve a market? The right to encourage provocative behavior while we ambiguously chasten them for acting upon what they have been conditioned by the culture to be?
            It must also, in fairness, be said that rational educators have been, more and more in this generation, charged with trying to cope with the cultural and social damage inflicted upon our children, a topic too lengthy for this discussion, and as such have had to perform the work of social scientists or psychologists rather that that of educators. I understand that. If that is the case, and if educators have tacitly accepted that responsibility, can't these behaviors be addressed with the students as part of their education as young members of our human community? What is the rationale behind ignoring this? Is this administration so confused about structure that they are afraid to have any at all? It doesn't seem likely that teaching dignity and self-respect is going to cramp the style of any adolescent. Further, what about the portion of the student population that doesn't behave this way? Don't they have a right to learn in an environment that doesn't offend their sensibilities?
            Call me a Puritan but if the idea is not to oppress the kids, well, being forced to listen to profanity is oppressive. Maybe I'll go to work with my trousers slipping from my derriere, employ only four-letter expletives, call the women „sluts,‰ loudly invite them to perform any number of sexual acts, and see how that goes. „Just challenging structure,‰ I could weakly contend, „It's my civil right.‰
            The community is challenging the proposed closing of an elementary school and is once again concerned about the budget. With regard to taking on a challenge, I'd like to offer one to the school board, Miss Rueben and her staff, and the parents and guardians of Onteora High/Middle School students. Perhaps when you are through standing up to these matters you'll visit the school and stroll around the hallways when classes are not in session. Take a glimpse at the structure challenging culture of the school and the behavior of the children you are so passionately concerned about. Maybe you'll find a new challenge to rise to ˆ let's call it good teaching and parenting.
Noah Decensi
Shokan, NY

Dear Editor,
            It seems that we are, very slowly, getting some renewed energy from parents with regard to the many serious Œproblems in the Onteora school district. I want to encourage more parents to join the small group that is trying hard to turn things around for our students. A small handful of parents can't do it alone.                                           I can relate a story proving that diligence CAN bring about change. A year ago I got a real eye-opener concerning the rules and regulations provided by the National Honor Society organization governing local chapters. Following many, many phone calls, cancelled appointments by Hal Rowe and letters to various leaders at Onteora, I came to the disappointing realization that Onteora has been operating with an antiquated set of (their own) rules and was in non-compliance with the national organization. I did not report the district, which would have resulted in the chapter being pulled. Instead I jeopardized my own children by doing the unpopular thing: nagging! I knew that it was too late for the students who had been unfairly denied entry to the society, despite fine grades and admirable community and school contributions in past years. I also knew many more would suffer in future years if I didn't speak out for change. I waited one year I and recently recontacted the school to see if the changes had been made. Some have. I will ask for the additional corrected documents I haven't yet seen.                                                                           If your student is denied membership and you have confidence that everything is in order, please support your child and question the process! There may be a simple answer that makes sense∑ or, you may find what I found: a system that allowed students with multiple detentions, driving while intoxicated and little or no leadership activities being voted in while your student didn't get the popular vote!              I don't want to suggest that the Honor Society is the biggest or only problem at Onteora. It will take parents who are willing to speak out, even if it jeopardizes their student's popularity with the staff, about ALL of the issues that have eaten away at the quality of our district. (You'll be surprised to learn that some members of the staff will agree with you. My son was approached by numerous teachers indicating their support and apall at what had happened. ) Your son or daughter will survive any negative effects and he/she will have learned from your example to question that which seems unfair and advocate for what is right.                              Without strong energetic parents and independent board members, the future at Onteora looks grim.                                                                    Mary Lou Giuliano
                                      Olivebridge, NY

Dear Editor,
            I'd like to thank the people of the Onteora community who've supported me over the last six year as I've worked to improve student achievement and to promote the Board of Education's vision and goals.
            It's been a challenging experience and one I've found rewarding.  I encourage others to run for the school board and to participate in this uniquely American institution.
Meg Carey
Glenford, NY

Dear Editor,
            Thank you to all those that supported me in the recent Onteora School District Board of Education election. Your support is only the beginning. As a community have have the responsibility to become more active in our children's education. We all have busy lives, however; there is nothing more important than ensuring our children have the best education possible. If you are asking what can you do, well attend the important Board meeting scheduled for June 7th at 7:00pm. Each of us needs to be more informed in the decisions that we make. If you are not able to attend the meeting, write letters or send an e-mail to the administration and board memebers, expressing your thoughts and concerns. Demand answers. If you are not sure who or where to send your concerms or comments, contact your local school or central administration, they may be able to answer your question, or direct you to the proper person.                                                                                   The issues facing our schools are many. While issues such as the large parcel designation or the West Hurley School are important. Ensuring that ALL of our children receive the best education possible is the primary concern. We can acheive this through sound fiscal management and open communication between the community and the people running our schools.
            Again, thank you to those who supported me in the election, including our friends, neighbors, people unknown to me, and most of all my wife Beth Anne and my children.
David Patterson
West Hurley, NY

Dear Editor,
            My name is Kirby Karaffa and I am a senior at Onteora high school. As most of the public knows, on May 18 Onteora's budget failed. I would like to talk about what the public doesn't know and how it will affect most of the youth in this area.
            To lose our budget will mean we lose all of our after-school music programs. This includes Jazz band, Marching band, Sounds of Jazz, Chamber ensemble, and school musicals. If this change were to have happened only a few years before it would have changed my life unbelievably.
            I come from a broken home with many problems a young person should not have to face. Life was difficult for me growing up. It was a surprise I made it to 7th grade. With my new school (OCS Jr. High) I joined the marching band, the best thing that ever happened to me. My first years in the band were ones I'll never forget. I learned so much and met so many great people including the director Steven Murphy, drill instructor, Mary Krembs, and the color guard instructor, Andrew Koehn.
            In the beginning I was kind of afraid of these people because they were tough on us on the field and worked us really hard. I learned later that these people who were so tough on the field would do anything for us off the field. Their dedication to the band and each member is unlimited. For the first three years I was in the band we never won anything and always came in last place, but I developed bonds with members and directors that would help me through the most challenging time of high school for me.
            During my sophomore year my family fell apart and left me alone with nothing. I eventually found a place with a roommate and worked a ton to keep it. This time was very hard for me and I can't explain how important it was to me to have the security and stability of the whole band. Even though I had little time outside of work, there was always a place for me on the field. No matter what was happening in life I could come to school, escape to the band room and be surrounded by caring, good people and have a home to belong. All of the directors were there for me to talk and mentor me. I don't know what I would have done without them all.
            There's nothing like the feeling of marching and forgetting all your problems. Doing a show over and over making lots of little improvements as a group taught me a good work ethic and how to work well with others. After six years with the band we finally brought home championships in the 2003-2004 season. I couldn't have asked for more my senior years. I cried so hard at my last show. I don't want to leave the band.
            hrough my years at Onteora I also became part of the choir, school musicals, sounds of jazz, and NYSSMA. Doing all of this gave me self-confidence and let me be the best I could be. Through these groups I met Mrs. Krista Cayea, another music teacher here at Onteora. She is not only a great friend and support, but has helped me choose what I want to be when I'm older: a musical director.
            I think every teacher and director of the Onteora music department has helped me go to college. Whether it's the skills I've learned from band, or the support from Mrs. Cayea to think I can do anything I put my mind to, like college. I'm the first in my family to go to college. I even got accepted into a prestigious Drama program at SUNY Purchase. I'm going to have a future because of the dedication of these teachers to all of their students. I've grown into a good person because I've been surrounded by them here at school.
            The after-school and weekend programs keep me busy and out of trouble. If the budget fails again all of these activities, including the marching band, will become a memory. The people I care about most won't be able to do the things they love. To lose Marching band, Jazz band, Musicals, and Chamber ensemble would be stealing away hundreds of students' futures. To lose the extra music programs would be losing a piece of Onteora's spirit and make a dim future for prospective music students.
            In a world we have today full of divorce, broken homes, and crime we need a place for our students to be supported and express themselves. I owe everything to this place and its people. Please on June 22 help vote yes for the budget because one day it could be your kids or grandkids that just need a place to belong.
Kirby Karaffa
West Shokan, NY

Dear Editor,
            Rather than seeking anybody's help to defeat the proposed resort, my administration always sought everybody's help in carefully reviewing its claimed benefits and its possible liabilities.
First we tried to get the developer to honor the contract he made with the Town to pay for a review, he refused, and then we tried to set up a fee for the developer to pay for a fair review of his project and his answer was that he would sue the town rather than let us have the information we needed to make an informed decision.
I signed on to the Coalition of Watershed Town's earlier resolution against the DEP because I believe that the Town should review the issues specific to the Town and I understand the hardships that we put up with under DEP regulations.
I asked the DEP if they would provide funds for an independent review of those issues because the Town couldn't afford to pay for consultants. Their offer was that we could pick the consultant and the issues and they would reserve the right to comment but would not edit or alter the consultants' report. That would be between the Town and its consultants.
The DEP also made it clear that we could pick any qualified consultant even if they were not on their pre-approved list. The DEP honored their agreement.
This could have resulted in our having the help we needed to understand the impacts of this huge project at little or no cost to the taxpayers of the Town.
The real question here is why the Town is not represented at all at the Issues Conference where problems are identified and mitigated. I have been at the meetings and the site visits and there are impacts to the Town including Fiscal, Character, Traffic, Stormwater Etc.
This administration seems more worried that something might limit the size of the development than whether our taxpayers will have to subsidize the developer, whether the character of our hamlets will be destroyed by a destination resort, whether our citizens will have to wait intolerably long times to pull out on the highway and whether we will have to deal with more loss of life and property from accidents and flooding.
Home rule means taking part in the review and representing all of Shandaken.
Peter Di Modica
Pine Hill, NY